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HomeMy WebLinkAboutSD-06-59 - Decision - 0005 Executive Drive#SD-06-59 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING BENSEN DEVELOPMENT, LP - PLANNED UNIT DEVELOPMENT EXECUTIVE DRIVE PRELIMINARY PLAT APPLICATION #SD-06-59 FINDINGS OF FACT AND DECISION Benson Development LP, hereafter referred to as the applicant, is seeking preliminary plat approval to amend a Planned Unit Development consisting of two (2) commercial buildings (9280 sq. ft. and 3672 sq. ft.) and 16 multi -family dwelling units in three (3) buildings. The amendment consists of constructing a nine (9) unit multi -family dwelling, 5 Executive Drive. The Development Review Board held a public hearing on August 1, 2006. Craig Bensen 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 1. The applicant is seeking preliminary plat approval to amend a Planned Unit Development consisting of two (2) commercial buildings (9280 sq. ft. and 3672 sq. ft.) and 16 multi -family dwelling units in three (3) buildings. The amendment consists of constructing a nine (9) unit multi -family dwelling, 5 Executive Drive. 2. The owner of record of the subject property is Bensen Development, LP. 3. The Development Review Board reviewed the sketch plan for this project on May 16, 2006. 4. The subject property is located in the Commercial 1 — Residential 12 (Cl-R12) Zoning District. 5. The plans submitted consist of a seven (7) page set of plans, page one (1) entitled, "Bensen Development Company 5 Executive Drive South Burlington, VT. Planned Unit Devel. Site Plan", prepared by Trudell Consulting Engineers, dated 4/26/06, last revised on 4/26/06. - 1 - #SD-06-59 Zoning District & Dimensional Requirements Table 1. Dimensional Requirements Cl-R12 Zoning District::] Required Proposed Min. Lot Size n/a n/a Max. Density 12 units/acre 6.9 units/acre �Max. Buildinc�. Coverage 40% 17% Max. Total Coverage 70% 43.8% �l Min. Front Setback 30 ft. >30 ft. Min. Side Setback 10 ft. loft Min. Rear Setback 30 ft. >30 ft. # Max. Building Hei ht 35-40 ft.# 40 ft 4 Zoning compliance # Max building height is 35 ft for flat roof; 40 ft for pitched roof. The proposed building is in compliance with this regulation. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the proposed additional dwelling units. The South Burlington Water Department has reviewed the plans for this proposal and provided comments in a letter dated April 10, 2006. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. -2- #S D-06-59 The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the lot is proposed via Executive Drive. Executive Drive was previously a private road. However, given the nature of the properties that the road serves, Executive Drive must, in accordance with the South Burlington Land Development Regulations, be upgraded to a City Street. The applicant has revised the plans to depict a 50' Right Of Way that begins at the intersection of Patchen Road and ends at the parking area for the multi -family units. The applicant is proposing a hammerhead turn around for City maintenance vehicles. This road also serves as access to several other existing buildings, including office space and a sit down restaurant. This is sufficient. The applicant has successfully met the goals of this criterion. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. There do not appear to be any wetlands, streams, wildlife habitat or other unique natural features on the site. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. This proposal meets the goals of the C1-R12 District as it encourages both high -density residential and commercial use and development. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The plans show a sufficient amount of contiguous area used as a park. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The Fire Chief has reviewed the plans and provided comments in a letter dated July 27, 2006. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. The City Engineer reviewed the plans for the proposed project and provided comments in a memorandum dated July 13, 2006. The City Engineer shall continue to review the plans and provide comments. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. -3- #SD-06-59 The issue of the road and ROW width has already been discussed. The Board finds them to be acceptable. The applicant has submitted details as part of preliminary plat submission for any new exterior lighting to be used on the proposed building. The cut sheets submitted are in compliance with the regulations. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project is consistent with the South Burlington Comprehensive Plan. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The proposed project accomplishes a desirable transition from structure to site and from structure to structure. The site provides for safe pedestrian movement. Based on the number of units and the square footage of all existing and proposed buildings on the site, the 131 parking spaces are required. This number may be reduced to 125 spaces if the residential parking spaces are common, i.e. non -reserved. The applicant is proposing to provide 114 parking spaces. This is a shortfall of 17 spaces or 13% if the spaces are reserved or 11 spaces or 8.8% if the residential spaces are in common. Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. This criterion is already being met on the property. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The parking proposed for this project is shown to the front of the building. However, given the layout of the buildings, this is the most appropriate location of parking. If the parking were to be to the rear of the building it would be closest to the park. The Board would prefer that parking be separated from the nearby park, as shown. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. -4- #SD-06-59 The height of the proposed building is 40'. The maximum height for buildings with peaked roofs in South Burlington is 40'. This is within the allowed height for pitched roof buildings. The applicant should ensure that the building is indeed a pitched roof. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. In addition, the proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The applicant has submitted building elevation plans of the proposed project as part of preliminary plat application. The elevations as presented meet this criterion. The new building is proposed to have exterior siding and treatments which will match the existing residential buildings. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. It is not necessary to reserve additional land for drives or parking. Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. It has already been noted that, pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). All dumpsters and solid waste facilities shall be accessible, secure, and screened to the satisfaction of the Development Review Board. The plans show a dumpster enclosure at -5- #SD-06-59 the entrance to the residential component. It is proposed to be screened with stockade fencing. Landscaping and Screening Requirements The landscaping requirements for the property will be based on the construction costs of the new building. Based on the costs submitted, the minimum landscaping budget shall be $12,765. The applicant is proposing a budget of $12,790. More than $3,500 of this is to be comprised of 220 feet of stockade wood fencing along the western side of the property bordering the Higher Ground property. The Development Review Board may allow the substitution of fencing for trees and plants provided that the purpose and goal of the landscaping requirement is still being met. This fence meets such goals and that the site is currently substantially landscaped. Pursuant to Section 13.06(B)(4) of the South Burlington Land Development Regulations, the plans should show the location of snow storage areas. These areas are shown on the plans and located appropriately. DECISION Motion b �5, CC CCc%N/ y ''g'� seconded by to approve Preli inary Plat Application #SD-06-59 of Bensen Development, LP, subject to the following conditions: 1) All previous approvals and stipulations shall remain in full effect, except as amended herein. 2) The 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 plans shall be revised to show the changes below prior to final plat submittal: a) The plans shall be revised to reflect the comments of the South Burlington Water Department as outlined in a letter from Jay Nadeau dated April 10, 2006. b) The plans shall be revised to comply with the requests of the City Engineer as outlined in his memorandum dated July 13, 2006. c) The survey plat shall be revised to show the proposed City Street right-of-way including metes and bounds information. 4) The applicant shall adhere to the specifications of the South Burlington Water Department. As outlined in a letter from Jay Nadeau dated April 10, 2006. 5) The applicant shall adhere to the requests of the City Engineer as outlined in his memorandum dated July 13, 2006. IM #SD-06-59 6) The applicant shall adhere to the comments of the South Burlington Fire Department as outlined in a letter from the Chief dated July 27, 2006. 7) The applicant should obtain preliminary wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hinds, prior to submittal of the final plat application. 8) The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 9) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 10) The Board grants the applicant a parking waiver of 17 spaces or 13%. 11) The applicant shall post a $12,765 landscape bond. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survivial. 12) Any new exterior lighting shall consist of downcasting fixtures. Any chane to approved lights shall require approval of the Administrative Officer prior to installation. 13) Pursuant to Section 15.17 of the South Burlington Land Development Regulations, the applicant shall submit a Certificate of Title showing the ownership of all property and easements to be dedicated or acquired by the City, and said Certificate of Title shall be approved by the City Attorney, prior to recording the final plat plans. 14) Prior to street acceptance by the City, the applicant shall install all reference monuments required under Section 15.14(B) of the South Burlington Land Development Regulations. 15) Pursuant to Section 15.17 of the South Burlington Land Development Regulations, prior to issuance of the zoning permit or start of utility or road construction, the applicant shall submit all appropriate legal documents including easements (e.g. irrevocable offer of dedication and warranty deed for proposed public roads, utility, sewer, drainage, and water, etc.) to the City Attorney for approval and recorded in the South Burlington Land Records. 16) Prior to start of construction of the improvements described in condition #15 above, the applicant shall post a bond which covers the cost of said improvements. 17) Pursuant to Section 15.14(E)(2) of the South Burlington Land Development Regulations, within 14 days of the completion of said improvements (e.g. roads, water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineers "as -built" construction drawings certified by a licensed engineer. 18) The applicant shall submit the final plat application within twelve (12) months. -7- #SD-06-59 Mark Behr — yea/nay/abstain not present', Matthew Birmingham — ee nay abstain/not present Chuck Bolton — �O/nay/abstain/not present John Dinklage — e /nay/abstain/not present Roger Farley — /nay/abstain/not present Gayle Quimby —/nay/abstain/not present Motion carried by a vote of J - C> -6> Signed this —L day of - 2006, by John-OkHkIage, Chai �s 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).