HomeMy WebLinkAboutSD-03-75 - Decision - 0200 Old Farm RoadCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING &ZONING
DEVELOPMENT REVIEW BOARD
THE SNYDER GROUP, INC. - PLANNED UNIT DEVELOPMENT
FINAL PLAT APPLICATION #SD-03-75
FINDINGS OF FACT AND DECISION
The Snyder Group, Inc., hereafter referred to as the applicant, is requesting final plat approval to
amend a previously approved Planned Unit Development (PUD) consisting of 107 multi -family
residential units in 18 buildings. The amendment consists of adding 10 multi -family units by
replacing the 60 multi -family units in four (4) buildings with 70 multi -family units in two (2)
buildings. The subject property contains 15.9 acres and is located in the Residential 12 (R12)
District, Eldredge Street. The Development Review Board approved the original PUD on the
subject property on May 14, 2002. The South Burlington Development Review Board held a
public hearing on January 6, 2004. Mark Lords, Bob Snyder, Leonard Lamoureux, and Andrew
Rowe represented the applicant.
FINDINGS OF FACT
1. The applicant is requesting final plat approval to amend a previously approved Planned Unit
Development (PUD) consisting of 107 multi -family residential units in 18 buildings. The
amendment consists of adding 10 multi -family units by replacing the 60 multi -family units in
four (4) buildings with 70 multi -family units in two (2) buildings.
2. The owner of record is the Snyder Lancaster Limited Partnership.
3. The subject property contains 15.9 acres and is located in the Residential 12 (R12) District.
4. The plans consist of nine (9) sheets, plus a cover sheet entitled "Lot 2 — O'Brien Home Farm —
The Snyder Lancaster Limited Partnership — A Planned Unit Development — Eldredge Street —
South Burlington, Vermont", prepared by Lamoureux and Dickinson, dated September 17, 2003
and last revised on December 22, 2003.
5. The Development Review Board approved the original PUD on the subject property on May
14, 2002.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
R12 Zoning District
R uired
Provided
Min. Lot Size
3,500 SF/unit
15.9 acres
Max. Building Cover a e
40%
14.8%
Max. Total Coverage
60%
37%
Mn. Front Setback
30 ft.
30 ft.
Min. Side Setback
10 ft.
>10 ft.
Min. Rear Setback
30 ft.
>30 ft.
Max. Front Yard Coverage
30 ft
14.1%
♦ Max. Building Height
40 ft.
58 ft.
zoning compliance
♦ waiver granted
Density
The subject property is part of a PUD with a total acreage of 15.9 acres. Pursuant to Table C-2 of
the South Burlington Land Development Regulations, the property can support a maximum of 190
units (15.9 x 12). The previous approval was for a total of 107 units, which is now being proposed
to increase to 117 units.
Reference Monuments
Section 15.14 of the South Burlington Land Development Regulations establishes standards for
required improvements for subdivisions and PUDs. Pursuant to Section 15.14(B), permanent
reference monuments must be set at all lot corners and angle points of the boundaries of the
subdivision.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations the
Development Review Board shall consider the following in its review of subdivision and Planned
Unit Development PUD) applications:
Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project in conformance with applicable State and City requirements, as evidenced by a City
water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit
from the Department of Environmental Conservation.
Pursuant to Section 15.13(B)(1) of the South Burlington Land Development Regulations, 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.
The applicant has obtained final water allocation approval from the South Burlington Water
Department.
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Sufficient grading and erosion controls will be utilized during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous
conditions on the subject property and adjacent properties. In making this finding, the DRB
may rely on evidence that the project will be covered under the General Permit for
Construction issued by the Vermont Department of Environmental Conservation.
Erosion control and grading plans are detailed on Sheets 4 and 5 of the plans. Erosion control details
are indicated on Sheet 9 of the plans. The erosion control and grading plans are adequate.
The project incorporates access, circulation and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely
on the.findings of a traffic study submitted by the applicant, and the,fndings of any technical
review by City staff or consultants.
According to the ITE Manual, 6ffi Edition, the proposed project is estimated to generate 27.3 P.M.
peak hour vehicle trip ends. This increase in trip ends will not require any traffic management
strategies. The applicant will need to pay the appropriate traffic impact fees upon submission of
zoning permit applications for the units within the subject parcel.
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.
In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations
related to wetlands and stream buffers, and may seek comment from the Natural Resources
Committee with respect to the project's impact on natural resources.
The subject property contains a Class III wetland along the easterly property line. Pursuant to
Section 12.02 of the South Burlington Land Development Regulations, an associated 50' wide
wetland buffer is depicted on the plans and all proposed development is outside of this buffer
area.
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
The proposed development is in keeping with the goals for development within the Residential 12
(R12) District, as set forth in Section 4.05(A) of the South Burlington Land Development
Regulations.
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.
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The layout of the project and the Class III wetland and its associated 50' buffer concentrate most
of the open space on the subject property along the easterly side of the parcel, behind the
proposed buildings. This is sufficient for approval.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to
insure that adequate fire protection can be provided.
The Fire Chief has reviewed the plans.
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 properties.
The plans depict an 8' wide path running along the southerly and westerly boundaries of the
property, extending to Kennedy Drive. The Recreation Path Committee reviewed the plans at
their November 3, 2003 meeting and suggested leaving the path as it was depicted on the plans.
The City Engineer reviewed the plans on November 6, 2003 and did not raise any issues with
regard to the extension of stormwater facilities, roads, utilities, lighting to adjacent properties.
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 proposed infrastructure has been reviewed by the City Engineer and Superintendent of the
South Burlington Water Department.
As noted above, the plans depict an 8' wide path running along the southerly and westerly property
boundaries and connecting to Kennedy Drive. The Recreation Path Committee endorsed this path
in its letter dated November 4, 2003.
The applicant is proposing two (2) types of exterior lighting for the parking and pedestrian areas.
Both are 175-watt metal halide cutoff fixtures on 20' poles, which are in accordance with Appendix
D of the South Burlington Land Development Regulations. Lighting details (cut -sheets) were
submitted by the applicant.
The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The project is consistent with the goals of the Comprehensive Plan and the South Burlington Land
Development Regulations for the R12 District.
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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 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 project accomplishes a desirable transition from structure to site and from structure to structure.
In addition, the plans incorporate sidewalks to facilitate pedestrian movement from the proposed
structures to the proposed parking areas.
According to Table 13-1 in Section 13.01(B) of the South Burlington Land Development
Regulations, the proposed project requires a minimum of 158 parking spaces. The plans show a
total of 158 parking spaces, 80 of which are located under the buildings. Pursuant to Section
13.01(I) of the South Burlington Land Development Regulations, the proposed project will require
six (6) handicapped -accessible parking spaces. Six (6) are depicted on the plans. The above -ground
parking spaces are 9' x 18', which conforms to the requirements outlined in Table 13-8 of the South
Burlington Land Development Regulations. The underground parking spaces also conform to the
requirements outlined in Table 13-8 of the South Burlington Land Development Regulations.
Section 13.01(G)(5) of the South Burlington Land Development Regulations requires that bicycle
parking or storage facilities are provided for employees, residents, and visitors to the site. A bicycle
parking facility is depicted on the plans.
Parking shall be located to the rear or sides of buildings to the greatest extent practicably
Parking is located at the front of the proposed new residential units. This seems to be the most
logical location for the parking area, as the rear of the property is restricted by wetland and
archeological constraints.
Without restricting the permissible limits of the applicable zoning distric4 the height and scale of
each building shall be compatible with its site and existing or adjoining buildings.
The proposed buildings will require height waivers, as they both exceed the 40' height limit for the
development in the City. The applicant has submitted I I" x 17" elevation plans that indicate the
height of the proposed buildings relative to the average pre -construction grade of the site. Building
A will be a total of 54' above average pre -construction grade and Building B will be a total of 58'
above average pre -construction grade. Thus, pursuant to Section 3.07(E) of the South Burlington
Land Development Regulations, the applicant will need to obtain an 18' height waiver from the
Development Review Board. The applicant received a height waiver of 4.82' in the last approval.
The Development Review Board may approve the structure with the additional height if it finds that
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the building will not detract unduly from public scenic view from adjacent properties or public
streets and walkways.
Newly installed utility services and service modifications necessitated by exterior alterations or
building expansions shall, to the extentfeasible, be underground
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new
utility lines, services, and service modifications 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.
This requirement is met through the proposed project.
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
This requirement is met through the proposed project.
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 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 create access to the properties that abut the subject property.
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 South Burlington Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
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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 plans do not depict a dumpster(s) for the subject property, as the trash and recycling containers
will be located in the underground garage of each building.
Landscaping and Screening Requirements
Pursuant to Table 13-9 of the South Burlington Land Development Regulations, the proposed
project will require a minimum of $65,160 of landscaping. The application states that $58,192 of
new landscaping will be provided, plus the value of the existing mature trees which is estimated to
be $39,000. Therefore, the applicant is requesting a landscape credit of $6,968. Pursuant to Section
13.06(F) of the South Burlington Land Development Regulations, landscape plans shall be prepared
by a landscape architect or a professional landscape designer. The applicant submitted the proposed
landscaping layout and planting schedule on Sheet 3 on the plans. In addition, pursuant to Section
13.06(G) of the South Burlington Land Development Regulations, a landscape budget prepared by a
landscape architect or professional landscape designer shall be submitted to ensure minimum
planting costs are met. A landscape budget was submitted.
Pursuant to Section 13.06(B) of the South Burlington Land Development Regulations, in all off-
street parking area with twenty (20) of more parking spaces, at least ten percent (10%) of the
interior of the parking area shall be landscaped with trees, shrubs, and other plants. At least one
(1) major deciduous shade tree, whose caliper is equal to or greater than two and one-half (2.5)
inches when measures six (6) inches above ground at the time of planting, shall be provided
within each parking area for every three thousand (3,000) square feet of paved area or every ten
(10) parking spaces, whichever is greater.
The plans revised on December 22, 2003 depict the proposed parking areas in conformance with
Section 13.06(B) of the South Burlington Land Development Regulations.
Pursuant to Section 13.06(B) of the South Burlington Land Development Regulations, snow
storage areas must be specified and located in an area that will minimize the potential for run-off.
The plans depict proposed snow storage areas.
The City Arborist has reviewed the plans.
Access
The plans depict two (points) of access to the project off of Eldredge Street. The first point of
access is a 22' wide driveway serving the underground parking garage of Building B. The
second point of access is two (2) one-way driveways for ingress and egress serving the above-
ground parking areas for both of the proposed buildings and the underground parking garage of
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Building A. Both of these one-way driveways are 18' wide and are separated by a 12'
landscaped median.
DECISION
Motion by Mark Boucher, seconded by Roger Farley, to approve Final Plat Application #SD-03-
75, 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 Fire
Department.
b) The plans shall be revised to incorporate the requests of the City Engineer, as outlined in his letter
dated November 6, 2003.
c) 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 December 11, 2003, December 23,
2003, and December 31, 2003.
4. The applicant shall comply with the requests of the South Burlington Water Department, as
outlined in the letters from Jay Nadeau, dated December 11, 2003, December 23, 2003, and
December 31, 2003.
5. The applicant shall comply with the requests of the South Burlington Fire Department.
6. The applicant shall comply with the requests of the City Engineer, as outlined in his letter dated
November 6, 2003.
7. The applicant shall comply with the requests of the City Arborist, as outlined in his letter dated
December 11, 2003.
8. The applicant shall obtain final wastewater allocation approval from the Director of Planning and
Zoning, Juli Beth Hoover, prior to issuance of a zoning permit.
9. 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.
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10. If exterior building -mounted lights are proposed for this project, lighting details (cut -sheets)
shall be submitted to the Administrative Officer for review and approval, prior to issuance of the
first zoning permit.
11. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines, services, and service modifications shall be underground.
12. Pursuant to Section 3.07(E) of the South Burlington Land Development Regulations, the
Development Review Board grants the applicant a height waiver of 18', for a total construction
height of 58' above pre -construction grade for Building B and 54' above pre -construction grade for
Building A.
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 of the final plat plans.
14. The applicant shall post a $65,160 landscape bond 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.
15. Pursuant to Section 15.08 (D) of the South Burlington Land Development Regulations, the
applicant shall submit homeowner's association legal documents prior to the issuance of the first
zoning permit. The documents that include language that:
a. prohibits clearing or disturbance of land within wetlands or wetland buffers,
b. recreational vehicle parking will be prohibited on the subject property;
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.
16. 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 licensed engineer.
17. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
18. The final plat plans (sheets 1-2) 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
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recording. Prior to recording the final plat plans, the applicant shall submit a copy of sheet 2 in
digital format. The format of the digital information shall require approval of the Director of
Planning and Zoning.
Chuck Bolton - yea/nay/abstain/not present
Mark Boucher - yea/nay/abstain/not present
John Dinklage - yea/nay/abstain/not present
Roger Farley - yea/my/abstain/not present
Michele Kupersmith - yea/nay/abstain/not present
Larry Kupferman - yea/nay/abstain/not present
Gayle Quimby - yea/nay/abstain/not present
Motion Carried by a vote of 6-0-0.
Signed the 7 day of January, 2004, by
John Dinklage, Chair
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