HomeMy WebLinkAboutSD-06-35 - Decision - 0410 Farrell Street#SD-06-35
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
F & M DEVELOPMENT CO. LLC - PLANNED UNIT DEVELOPMENT
FARRELL STREET
FINAL PLAT APPLICATION #SD-06-35
FINDINGS OF FACT AND DECISION
F & M Development Co., LLC, hereinafter referred to as the applicant, is seeking to
amend a previously approved planned unit development consisting of: 1) 309 residential
units in six (6) buildings, 2) subdividing two (2) parcels of 24.458 acres into eight lots, 3)
a 73 unit multi -family dwelling, 4) a 4,430 sq. ft. expansion of an indoor recreation
facility, 5) a 63 unit congregate care housing facility, and 6) an existing 16,000 sq. ft.
television studio & office building. The amendment consists of: 1) increasing the number
of units at 410 Farrell Street from 73 units to 74 units, 2) constructing a 12' x 24'
accessory structure, and 3) a boundary line adjustment between lot #1 & lot #9 to
increase the size of lot #9 to 2.222 acres, Farrell Street. The Development Review
Board held public hearings on June 6, 2006 and August 1, 2006. Eric Farrell
represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
The applicant is seeking to amend a previously approved planned unit
development consisting of: 1) 309 residential units in six (6) buildings, 2)
subdividing two (2) parcels of 24.458 acres into eight lots, 3) a 73 unit multi-
family dwelling, 4) a 4,430 sq. ft. expansion of an indoor recreation facility, 5) a
63 unit congregate care housing facility, and 6) an existing 16,000 sq. ft.
television studio & office building. The amendment consists of: 1) increasing the
number of units at 410 Farrell Street from 73 units to 74 units, 2) constructing a
12' x 24' accessory structure, and 3) a boundary line adjustment between lot #1
& lot #9 to increase the size of lot #9 to 2.222 acres, Farrell Street.
2. The owner of record of the subject property is F & M Development Co., LLC.
3. The subject property is located in the Residential 7-Neighborhood Commercial
(R7-NC) Zoning District.
4. The plans submitted with this application consist of an 11 page set of plans, page
two (2) entitled, "Revised Final Plat O'Dell Parkway PUD South Burlington
Vermont", prepared by Civil Engineering Associates, LLC, dated 6/20/05, last
revised on 5/11 /06.
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#S D-06-35
Increase in units:
The maximum density allowed in the subject PUD is 457 units (includes affordability
bonus which has been met). The proposed project will increase the number of units built
from 388 units to a total of 389 units. Sixty-eight (68) units of density remain.
The additional unit proposed does not change coverages, setbacks, or building
elevation.
Based on the Land Development Regulations, the overall PUD will require 925 parking
spaces. The applicant has provided and/or is proposing to provide 855 parking spaces (per
F&M Development memo dated July 13, 2005). This shortfall is 70 spaces, or 7.6%.
Constructing a 12' x 24' accessory structure
The proposed accessory structure is proposed to be located on the northern property
line of Lot 9. The structure is to be used as an enclosed trash storage shed. The
proposed structure meets all of the requirements of Section 3.10(A) of the South
Burlington Land Development Regulations.
At the hearing on June 6, 2006 some members of the Board suggested some sort of a
structure or acoustic engineering to act as barrier to the noise created by the trash truck.
The Board is strongly opposed to this proposal for several reasons:
a. The Board is already proposing to limit the hours during which trash will be
picked up. It is not unreasonable, egregious, or otherwise detrimental to hear a
trash truck for five minutes at, for example, 9 o'clock in the morning.
b. The structure will do little to actually block the sound. Neighbors have stated that
they can already hear the trash picked up from other buildings on the far side of
the site. If a four story building does not block the sound of a trash truck, then a
wall certainly will not.
c. Adding random walls or fences will only create unsightly structures on the site.
d. Requiring acoustic engineering of a trash enclosure to block a sound heard
outside of said structure for five minutes at a maximum of two or three times per
week is an undue burden on the applicant and could set an unreachable
standard for all future trash enclosures.
e. The proposed trash enclosure is nearly sixty (60) feet from the nearest property
line and even further to the nearest house. The regulations state that an
accessory structure may be located as close as five (5) feet from a property line.
The trash enclosure as proposed is well beyond those limitations and in
compliance with the South Burlington Land Development Regulations.
f. Finally, no structures shall be placed so as to block free movement on a public
right-of-way.
The neighbors have a valid concern about the sound of trash trucks at an unreasonable
hour so close to their homes. However, it is doubtful that even they would recommend
acoustic engineering or unsightly walls. The Board supports a reasonable restriction as
to the allowable hours of trash pick-up. Trash pickup shall not occur before 7 a.m.
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#SD-06-35
DECISION
Motion by Gayle Quimby, seconded by Chuck Bolton, to approve Final Plat Application
#SD-06-35 of F & M Development Co., LLC, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as
amended herein.
2. This project shall be completed as shown on the plat submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. The Board grants a 70-space, or 7.61 % parking waiver.
4. Trash pickup on the subject lot shall not take place before 7 a.m.
5. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
6. The final plat plan (sheet 1 & C2-A) shall be recorded in the land records within
180 days or this approval is null and void. The plan shall be signed by the Board
Chair or Clerk prior to recording.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
Chuck Bolton — yga/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Motion carried by a vote of 5-0-0.
Signed this day pf 2006, by
"C'
f John Dinklage, Char
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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