Loading...
HomeMy WebLinkAboutSD-16-15 - Decision - 0009 0040 Ally's Run#SD-16-15 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING GARDNER & SONS DEVELOPMENT CORPORATION — O'BRIEN DRIVE PRELIMINARY AND FINAL PLAT APPLICATION #SD-16-15 FINDINGS OF FACT AND DECISION Preliminary & final plat application #SD-16-15 of Gardner & Sons Development Corporation for a planned unit development to further develop a 2.16 acre parcel developed with a two (2) family dwelling. The proposal consists of: 1) constructing a single family dwelling, and 2) constructing a 3-unit multi -family dwelling, O'Brien Drive. The Development Review Board held a public hearing on August 2, 2016. The applicant was represented by David Burke and Brad Gardner. Based on the plans and 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, Gardner & Sons Development Corporation, seeks to construct a single family dwelling and a 3-unit multi -family dwelling, O'Brien Drive. 2. The owner of record of the subject property is Gardner & Sons Development Corporation. 3. The application was received on June 8, 2016. 4. The property lies within the Residential 4 Zoning District. 5. The plans submitted consists of two (2) pages titled "Gardner Parcel Site Plan" and "Gardner Parcel Landscape Plan," prepared by O'Leary -Burke Civil Associates, PLC, and dated 7/21/2016 and one (1) page titled "Site Plan," prepared by David A. Tudhope, and dated 3/21/2016. APPLICABILITY OF USE OF PLANNED UNIT DEVELOPMENT APPROACH Due to the relatively narrow frontage along O'Brien Drive coupled with the presence of a wetland, the applicant is proposing this project be reviewed under PUD standards so as to allow there to be more than one principal building on the lot and to avoid having to create multiple lots each subject to coverage and setback requirements. The applicant is, however proposing footprint lots for each of the new units. It is noted that the lot is currently partially developed with a duplex on the eastern portion of the property, which is separated from the western portion by wetlands. Section 15 of The South Burlington Land Development Regulations addresses Subdivision and Planned Unit Development Review and reads, in part, as follows: It is the purpose of the provisions for subdivision and Planned Unit Development (PUD) review to provide for relief from the strict dimensional standards for individual lots in these #SD-16-15 Regulations in order to encourage innovation in design and layout, efficient use of land, and the viability of infill development and re -development in the City-s Core Area, as defined in the Comprehensive Plan. It is the further purpose of this Article to coordinate site plan, conditional use and subdivision review into a unified process. The Development Review Board shall administer these regulations for the purpose of assuring orderly growth and coordinated development in the City of South Burlington and to assure the comfort, convenience, safety, health and welfare of its citizens. The standards for determining whether a project warrants the flexibility provided by PUD review include the following: • to encourage innovation in design and layout, • efficient use of land, and viability of infill development and re -development in the City's Core Area, as defined in the Comprehensive Plan. The plans detail the proposed locations of the buildings and the driveway. Renderings of the buildings are also provided. The Board notes that there is an informal, unimproved footpath along the northern edge of the property from Birch Street to O'Brien Drive. The applicant proposes to provide the City of South Burlington with a five (5) foot wide easement around the path and to install a three (3) foot high split rail fence along the length of the path. The proposed buildings are served by one driveway and are located on the few developable portions of the lot outside of the wetland and its buffer. The applicant has indicated that the reasons that this project qualifies as a PUD are: The walking path which connects the Birch Street side of the lot with the O'Brien Drive side of the lot. The project is an infill re -development providing housing choices other than the predominant single family lots in the immediate area. The project provides common land with raised gardening beds. The Board finds this project to be an efficient use of land and to provide needed infill development. The Board also notes that on -street parking is available for guests on O'Brien Drive. 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: (A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. (A)(2) 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. Plans show the use of erosion controls to protect the wetlands. Public Works stated in an email to staff 2 #SD-16-15 dated 6/29/2016 that the department was "all set on this project." The Board finds this criteria met. (A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The application materials state there will be three (3) P.M. Peak Hour trip ends on the property. All four (4) units will be accessed via a common 20 foot wide private roadway. A private roadway is allowed to serve up to nine (9) dwelling units in any combination of single-family, duplex, or multi -family when there is only one point of access according to Section 15.12(D)(3) of the LDRs. Furthermore, the homes built on a private roadway must have sprinkler systems that satisfy the requirements of the Fire Chief, or the DRB may waive that requirement if recommended by the Fire Chief. The application indicates the triplex units will have sprinkler systems as requested by the Fire Department. Additional circulation is provided on the site by the footpath along the northern boundary line. The Board finds this criterion met. (A)(4) 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. The project's layout avoids the centrally located wetland and its buffers. Plans show that during construction and until all disturbed areas are stabilized a silt fence will be installed to prevent runoff to the wetlands. The applicant will install a split rail fence along the wetland buffer to delineate its location. The Board finds this criterion met. (A)(5) 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. As presently developed, houses along O'Brien Drive are arranged in a pattern where all the houses are generally the same distance from the roadway and spaced at fairly regular intervals from one another. The proposed development will depart from that layout by placing a triplex behind an existing duplex located on O'Brien Drive. Since the triplex will be behind the duplex and the house fronting to O'Brien Drive will follow the established pattern of development along the street, the Board finds the placement of the triplex to be acceptable and the development to be visually compatible with the area. Furthermore, the Board finds the clustering of housing in the City's Core Area to be aligned with the Comprehensive Plan. (A)(6) 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 project's layout includes open space around the wetland and abutting the South Burlington School District parcel to the south. The Board finds this criterion met. (A)(7) 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 Department shared with staff on July 25, 2016 that, in accordance with their previous recommendations, sprinklers should be installed in the triplex and no parking signs should be installed along the driveway and in the hammerhead turnaround area. The site plan indicates no parking signage in the hammerhead turnaround area and along the driveway and that the triplex will have a 3 #SD-16-15 sprinkler system. The Board finds this criterion met. (A)(8) 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. Public Works stated in an email to staff dated 6/29/2016 that the department was "all set on this project." The Board finds this criteria met. (A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. For Transect Zone subdivisions, this standard shall only apply to the location and type of roads, recreation paths, and sidewalks. Public Works stated in an email to staff dated 6/29/2016 that the department was "all set on this project." The Board finds this criteria met. (A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). As discussed above, the Board finds that the proposed project is consistent with the goals and objectives of the Comprehensive Plan for the R-4 Zoning District. The Board finds this criterion met. 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: A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. As discussed above, the Board finds that this criterion is being met. B. Relationship of Proposed Structures to the Site. (1) 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 buildings are located on a proposed new driveway while the two (2) existing units on the east side of the parcel are accessed via Birch Street. The proposed and existing units are separated by a wetland. Adequate parking appears to be provided for each of the new units. No internal sidewalks are proposed to serve the 3 unit building, however given the lack of traffic generated by the units pedestrian safety should be adequate. The Board appreciates the placement of a relatively small house on the same lot as the proposed triplex. M #SD-16-15 (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. This standard only applies to the triplex. Parking is located to the side of the multi -family home on the Gardner/Zhang lot which forms the building line of the development facing O'Brien Drive. The Board finds that this criterion is being met. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. Not applicable. (3) 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 anticipated adjoining buildings. The proposed buildings would be less than 28 ft. in height and similar in scale to other two story homes in the zoning district. The Board finds this criterion met. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. The Board finds this criterion to be met. C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (2) 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 Board finds that the proposed buildings are similar to each other and surrounding houses in style and height. The single family house (unit #3) will have a smaller footprint than some nearby houses and the Board finds its impact to thus be minimal. While the immediate neighborhood on O'Brien Drive is predominantly single family houses, there are other more dense housing arrangements in the vicinity of the proposed project, including duplex units on Lilac Lane and O'Brien Drive. The Board finds this criterion to be met. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: 9 #SD-16-15 1. Access to Abutting Properties. The reservation of land maybe required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The Board does not consider the reservation of land to be necessary. 2. Utility Services. 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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 3. Disposal of Wastes. 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). The applicant submitted material stating that garbage will be stored in the garage units of each individual unit and that there is room for onsite composting in the vicinity of the raised garden beds. The Board finds this criterion met. S. Landscaping and Screening Requirements. (See Article 13, Section 13.061 Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to planned unit development review. The total cost of the project is estimated at $480,000 by the applicant. The minimum landscaping budget, as shown below, is $12,100; however, the applicant is requesting a credit of $5,850 for existing mature trees and proposed split rail fence, which is estimated to cost $10,500, to allow a reduced budget of $6,250. The Board finds that a credit is acceptable given the addition of the split rail fencing. Total Building Construction or Building Improvement Cost % of Total Construction/ Improvement Cost Cost of proposed project $0 - $250,000 3% $7,500 Next $250,000 2% $4,600 Additional over $500,000 1% $0 Minimum Landscaping $ $12,100 o, Proposed Landscaping $6,250 The applicant is proposing a cedar hedge to screen the triplex from the duplex that fronts on O'Brien Drive. Additional plantings are proposed between the parking areas in front of the triplex and to provide some privacy between the porch of the single family house and the footpath to its north. Pursuant to Section 13.06(B) of the Land Development Regulations, the plans depict snow storage areas. The Board finds this criterion met. Stormwater 9 #SD-16-15 The Stormwater Division told staff in an email dated 6/29/16 that there were no stormwater-related concerns. Other Issues The private street serving the proposed units should have a name approved by the Planning Commission. The embankment between the proposed units and the wetland area is steep. Plans show a split rail fence delineating the embankment. The Board finds that this will be sufficient for preventing vehicular traffic from entering the wetland area and provide a measure of protection to motorists from the steep embankment. DECISION Motion by John Wilking, seconded by Frank Kochman, to approve preliminary and final plat application #SD-16-15 of Gardner & Sons Development Corporation, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must 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 plat must be revised to show the changes below and will require approval of the Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative Officer prior to recording the plat. a. The survey plat must be revised to include the signature and seal of the land surveyor. b. The survey plat must be revised to show only one (1) parking space by unit #3 (single family house). c. The plans must be revised to include a street name approved by the Planning Commission. 4. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit. 5. The three (3) unit building must contain a sprinkler system meeting the requirements of the Fire Department. 6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 7. The proposed project must 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 must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 7 #SD-16-15 8. Prior to recording the final plat plans, all appropriate legal documents pertaining to the easement for the footpath along the northern edge of the property will be submitted to the City Attorney for approval and recorded in the South Burlington Land Records. 9. The association documents related to the common land must include provisions that indicate the useable portions of this land are to be available to all residents in the PUD. Association documents must also include provisions for maintenance of the land. The full association documents must be submitted for review prior to issuance of the first zoning permit for the property. 10. The Development Review Board grants a $5,850 landscaping credit. 11. The applicant must post a $12,100 landscaping bond prior to issuance of the zoning permit. This bond must remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 12. There must be no use of herbicides or pesticides, nor non -organic fertilizers, within the wetlands or associated 50 foot buffers. This must be reflected in the association documents which must be reviewed by the City Attorney prior to issuance of a zoning permit. 13. The applicant will be responsible to regularly maintain all stormwater treatment and conveyance structures on -site. 14. The applicant must obtain a zoning permit for the first building within six (6) months of this approval. The Development Review Board grants a period of five (5) years for approval of the remaining building. At such time as the five years is reached and the applicant has not sought a zoning permit for the remaining building, they will be eligible, per Section 17.04 of the South Burlington Land Development Regulations, for one (1) extension to an approval if the application takes place before the approval has expired and if the Development Review Board determines that conditions are essentially unchanged from the time of the original approval. In granting such an extension, the Development Review Board may specify a period of time up to one (1) year for the extension. 15. The mylar must be recorded prior to any zoning permit issuance. 16. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the three (3) unit building. 17. Any change to the final plat will require approval by the South Burlington Development Review Board. 18. The applicant must submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format prior to the issuance of the first zoning permit. 19. The final plat plans (Survey Plat and Site Plan) must be recorded in the land records within 180 days or this approval is null and void. The plans must be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant must submit a copy of the survey plat in digital format. The format of the digital information will require approval of the South Burlington GIS Coordinator. Mark Behr Yea Nay Abstain Matt Cota Yea Nay Abstain Frank Kochman Yea Nay Abstain Bill Miller Yea Nay Abstain David Parsons Yea Nay Abstain Jennifer Smith Yea Nay Abstain John Wilking Yea Nay Abstain Motion carried by a vote of 5— 0 — 0. Signed this 25thday of August v Bill Miller, Vice -Chair 2016, by #SD-16-15 I V V L r I C 3 C I I I Not Present Not Present Not Present Not Present Not Present Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. I