HomeMy WebLinkAboutSD-04-17 SD-04-16 - Decision - 0118 Oakwood DriveCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
VEVE ASSOCIATES, LLP —118 OAKWOOD DRIVE— PLANNED UNIT DEVELOPMENT
PRELIMINARY PLAT APPLICATION #SD-04-16
FINAL PLA TAPPLICA TION #SD-04-17
FINDINGS of FACT AND DECISION
Veve Associates, LLP, hereafter referred to as the "applicant", is requesting preliminary plat
approval and final plat approval to amend a previously approved plan for a 104-unit planned unit
development. The amendment consists of. 1) a boundary line adjustment to increase the size of
the lot by 4,100 square feet for a total lot size of 14.795 acres at 235 Dorset Street, and 2)
constructing two (2) 2-family dwellings on a 3 7,3 80 square foot lot at 118 Oakwood Drive. The
South Burlington Development Review Board held a public hearing on April 20, 2004. Rafael
Veve, the applicant, was present at the meeting.
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:
1. The Applicant is requesting preliminary plat approval and final plat approval to amend a
previously approved plan for a 104-unit planned unit development. The amendment consists of:
1) a boundary line adjustment to increase the size of the lot by 4,100 square feet for a total lot
size of 14.795 acres at 235 Dorset Street, and 2) constructing two (2) 2-family dwellings on a
37,380 square foot lot at 118 Oakwood Drive.
2. The owner of record is Rafael Veve.
3. The subject property contains .86 acres and is located in the Residential 7 District.
4. The plans consist of two (2) sheets entitled "Veve Lot D Oakwood Drive South Burlington,
VT", prepared by O'Leary -Burke Civil Associates, PLC, dated 12/28/02, last revised on 1/30/03
and one (1) survey plat sheet entitled, "Veve Associates Dorset Street So. Burlington, Vermont",
prepared by Property Design, Montpelier, Vermont, dated December 1990, last revised June,
2002.
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ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. R4 Dimensional Reauirements
R7 Zoning District
Re uired
Proposed
Min. Lot Size
20,000 SF
37,380 SF
Max. Building Coverage
30%
10.8%
Max. Overall Coverage
40%
35.4%
Min. Front Setback
30 ft.
5 ft.
Min. Side Setback
10 ft.
13 ft.
♦ Min. Rear Setback
30 ft.
28 ft.
Max. Building Height
40 ft.
30 ft.
zoning compliance
♦ waiver requested; granted pursuant to Section 15.02(A) of the
Land Development Regulations.
PLANNED UNIT DEVELOPMENT STANDARDS
Section 15.13(F) of the Land Development Regulations requires that the PUD meet the standards of
the Vermont Stormwater Management Manual.
(a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of
the project.
Pursuant to Section 15.13(B)(1), municipal water service must be extended to serve the proposed
development. Prior to final plat approval, the applicant must obtain final water allocation approval
from the South Burlington Water Department. Jay Nadeau, Superintendent of the South Burlington
Water Department, reviewed the plans and provided comments on the project in a letter dated
January 30, 2003.
(b) 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.
(c) The project incorporates access, circulation and traffic management strategies sufficient
to prevent unreasonable congestion of adjacent roads.
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Access to the project is proposed by a private roadway. The project does not conform to Section
15.12(D)(3) of the Land Development Regulations, so a public street is required for this project.
The proposed roadway is 24' wide with a 50 foot r.o.w. and extends off of the end of Oakwood
Drive. The applicant is not proposing any sidewalks. Circulation is two-way throughout the site
and staff believes the circulation plan is adequate.
(d) 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.
Three (3) of the four (4) units encroach into the 50' wide Class III wetland buffer required by
Section 12.02(C) of the Land Development Regulations. The Natural Resources Committee (NRC)
reviewed the proposed project at its meetings on March 6, 2003 and August 6, 2003. The NRC
decision from the March 6, 2003 meeting is incorporated by reference, along with a follow-up letter
regarding the species selection for the required hedge on the subject property. One of the unique
conditions of approval set forth by the NRC was that a 160' hedge be planted between the proposed
units and the existing wetland to serve as a natural fence. The applicant has complied with this
request and an adequate hedge is depicted on the plans. In addition, the other stipulations set forth
by the NRC have been noted on the plans.
(e) 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
districts) in which it is located.
According to Section 4.04(A) of the South Burlington Land Development Regulations, the R7
is hereby formed hereby formed to encourage high -density residential use. The district is
located in areas that are near shopping areas, schools, and public transportation facilities and
that are served by roads capable of carrying high traffic volumes. Offices and specified other
commercial uses may be permitted within the district in locations that have direct access to
arterial and collector streets and that will not adversely affect residential properties.
The proposed project is in keeping with the stated purpose of the R7 Zoning District.
09 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.
No streams occur on the subject property. The entire southern half of the subject property is a
wetland and its associate 50' buffer. This portion of the property will remain as open space, which
is sufficient to meet this requirement.
(g) 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 South Burlington Fire Chief, Douglas Brent, reviewed the plans and provided comments in a
letter dated February 14, 2003.
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(h) 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 and Superintendent of the South Burlington Water Department have reviewed
the plans and found then sufficient with regard to this requirement.
(i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
The applicant is proposing a 24' wide private road extending off of Oakwood Drive, which is a
public street. Pursuant to Section 15.12(D)(3) of the Land Development Regulations, private roads
can only serve up to 10 unit multi -family residential developments with a single access on a pubic
road or up to 20 unit multi -family residential developments with two points of access on a public
road. The current Land Development Regulations do not include duplex units under multi -family
residential developments, so these duplex units would normally have to be served by a public street.
However, given the size and nature of the propose project, the Director of Public Works, Bruce
Hoar, has approved the road as proposed. Therefore, the road serving this project will be a public
street built to private roadway specifications.
(j) The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The proposed project is in compliance with the South Burlington Comprehensive Plan.
SITE PLAN REVIEW STANDARDS
(a) 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 project accomplishes a desirable transition from structure to site and from structure to structure.
The site does provide for adequate planting and safe pedestrian movement.
According to Section 13.01(B) of the Land Development Regulations, the proposed project requires
a minimum of nine (9) parking spaces. The plans show a total of nine (9) parking spaces, four (4) of
which are located in garages. The additional five (5) parking spaces are located along the northerly
property boundary, directly in front of Building B. These additional parking spaces conform to the
design requirements outlined in Table 13-8 of the Land Development Regulations.
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(b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable.
Parking is located at the front of the proposed new residential units. However, due to the wetland
constraints on the property, the applicant does not have much flexibility to locate the parking spaces
elsewhere.
(c) 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.
The scale of the proposed buildings is compatible with the site and existing buildings in the area.
The height of the proposed buildings is 30', which is under the 40' height maximum for the City.
(d) 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 Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(e) 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.
The applicant did not submit architectural details or building elevation plans with the plans.
However, both of these buildings will be of similar architectural style, so this requirement does not
apply to the proposed project.
09 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 submitted building elevation plans which are in compliance with this requirement.
(a) 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 require the reservation of land to provide access to abutting properties.
(b) 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.
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Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(c) All dumpsters and other facilities to handle solid waste, including compliance with uhhY
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).
The plans do not show a dumpster on the subject property. A dumpster is not necessary for the
proposed project. However, if a dumpster is placed on the subject property it shall be screened with
opaque fencing.
Lighting
The applicant submitted lighting details (cut -sheets) for the proposed project. The proposed
lighting types are in compliance with Appendix D of the Land Development Regulations.
Landscaping
Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening
shall be required for all uses subject to site plan and PUD review. Pursuant to Section 13.06(G)(3)
of the Land Development Regulations, the minimum landscape requirement for the proposed
project is $10,500. The applicant has submitted plans in compliance with Section 13.06 of the
Land Development Regulations. However, the plans depict proposed landscaping within the City's
50' wide right-of-way, which is not permitted.
The City Arborist reviewed and approved the plans.
Other
The City Engineer reviewed the plans and provided comments in a letter dated April 8, 2004.
Motion by I4aCy--, �Lojdxr , seconded by 1 t_
to approve Preliminary Plat Application #SD-04-16 and Final Plat Application #S -04-17 of
Veve Associates, LLP, 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 plans submitted by the applicant, as amended
by this decision, and on file in the South Burlington Department of Planning & Zoning.
3. The plat plans shall be revised to show the following changes and shall require approval from the
Administrative Officer. Four (4) copies of the approved revised plat plans shall be submitted to the
Administrative Officer prior to recording:
a) The plans shall be revised to comply with the requests of the South Burlington Water
Department, as outlined in the letter from Jay Nadeau dated January 30, 2003.
b) The plans shall be revised to comply with the requests of the South Burlington Fire
Department, as outlined in the letter from Chief Brent dated February 14, 2003.
c) The plans shall be revised to relocate the proposed landscaping outside of the City's 50'
wide right-of-way.
d) The plans shall be revised to shift Buildings A & B 2' to the east.
4. The applicant shall obtain preliminary wastewater allocation approval from the Director of
Planning and Zoning, Juli Beth Hoover, prior to final plat plan approval.
5. The applicant shall comply with the requests of the South Burlington Water Department, as
outlined in the letter from Jay Nadeau dated January 30, 2003.
6. The applicant shall comply with the requests of the South Burlington Fire Department, as
outlined in the letter from Chief Brent dated February 14, 2003.
7. 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.
8. Stormwater drainage plans must demonstrate compliance with the Vermont Stormwater
Management Manual, pursuant to Section 15.13(F) of the Land Development Regulations.
9. If and when a dumpster is placed on the subject property, it shall be screened with opaque
fencing.
10. The applicant shall submit addresses for the proposed units in compliance with the Enhanced 9-
1-1 addressing standards, prior to recording of the final plat plans.
11. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new
utility lines shall be underground.
12. The applicant shall post a landscape bond for $10,500, prior to the issuance of the first zoning
permit. This bond shall remain in effect for three (3) years to assure that the landscaping has
taken root and has a good chance of surviving.
13. Pursuant to Section 15.08(D) of the South Burlington Land Development Regulations, the
applicant shall submit homeowner's legal documents prior to the issuance of the first zoning
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permit. The documents include the language that:
a) ensures that the garages will not be converted to living space or used as primary
storage areas;
b) prohibits clearing or disturbance of land within wetlands or wetland buffers, based on
language recommended by the Natural Resources Committee in their decision to the
Development Review Board dated march 6, 2003;
AND
c) ensures that the association shall assume all maintenance responsibilities for the
stormwater drainage facilities until such time as a future City stormwater utility
accepts the stormwater infrastructure.
14. Pursuant to Section 15.12(E)(2) of the Land Development Regulations, the Development
Review Board grants the applicant the following waivers with regard to the construction of the
roadway serving the project: a 4' reduction in pavement width from 28' wide to 24' wide; no
curbing required; and no sidewalk required.
15. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, prior to
issuance of the first 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, water, and pedestrian paths, etc.)
to the City Attorney for approval and recorded in the South Burlington Land Records.
16. Prior to the 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 required improvements (e.g. roads, water mains, sanitary
sewers, storm drains, etc.) the developer shall submit to the City Engineer, "as -built"
construction drawings certified by a registered engineer.
18. The applicant shall submit written confirmation from the U.S. Postal Service approving the
proposed mail delivery system, prior to recording of the final plat plans.
19. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
20. The final plat plans (sheets 1 and the survey plat) shall be recorded in the land records within
90 days or this approval is null and void. The plans shall be signed by the Board Chair or Clerk
prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the
survey plat in digital format. The format of the digital information shall require approval of the
Director of Planning and Zoning.
C
Chuck Bolton -1yanay/abstain/not present
Mark Boucher - Aynay/abstain/not present
John Dinklage - nay/abstain/not present
Roger Farley - yea/nay/abstain/ o pres t
Michele Kupersmith - yea/nay/abstain/ t prese
Larry Kupferman - Wnay/abstain/not present
Gayle Quimby - ytnay/abstain/not present
Motion Carried by a vote of l; - C) -
Signed this,�?,3day of April, 2004 by
ohn Dinklage, Chair
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
$150.00. 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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