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HomeMy WebLinkAboutSD-15-34 - Decision - 0022 Patchen Road#SD-15-34 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING BRIAN POLLICA & HANNAH TRAN — 22 PATCHEN ROAD PRELIMINARY & FINAL PLAT APPLICATION #SD-15-34 FINDINGS OF FACT AND DECISION Brian Pollica & Hannah Tran, hereafter referred to as the applicants, are seeking preliminary and final plat review to amend a previously approved plan for a building consisting of 1,378 sq. ft. of medical office use and 200 sq. ft. of general office use. The application is to construct an 896 sq. ft. addition resulting in the following breakdown of uses for the entire building: 822.5 sq. ft. for personal service use, 629 sq. ft. of medical office use & 1,035 sq. ft. of general office use, 22 Patchen Road. The Development Review Board held a public hearing on Tuesday, October 20, 2015. Brian Pollica represented the applicants. 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. This application consists of a request for preliminary and final plat review to amend a previously approved plan for a building consisting of 1,378 sq. ft. of medical office use and 200 sq. ft. of general office use. The application is to construct an 896 sq. ft. addition resulting in the following breakdown of uses for the entire building: 822.5 sq. ft. for personal service use, 629 sq. ft. of medical office use & 1,035 sq. ft. of general office use, 22 Patchen Road. 2. The owners of record of the subject property are Hannah Tran & Nga Tran. 3. The application was submitted on September 15, 2015. 4. The subject property is located in the Commercial 1— Residential 12 Zoning District. 5. The plans submitted consist of a seven (7) page set of plans entitled "Hannah & Nga Tran 22 Patchen Road South Burlington, VT Proposed Site Plan" prepared by NLB Construction Consulting dated May 5, 2015 and last revised on August 17, 2015. Zoning District & Dimensional Requirements: Table 1. Zoning District & Dimensional Requirements C-1 R-12 Zoning District Required Existing Proposed t Min. Lot Size 40,000 S.F. 9,984 SF No change Max. Building Coverage 40% 11.9 % 18.6 (1,184 SF) (1,856 SF) Max. Overall Coverage 7000 57 % 59 % (5,783 SF) (6,164 SF) t $ Max. Front Yard Coverage 30% * 48.1 % 54.4 % (-1,686 SF) (-1,906 SF) - 1 — #SD-15-34 # t Min. Front Setback (from planned ROW) 50 ft 13.5 ft. No change Min. Side Setback 10 ft. 13 ft. No change Min. Rear Setback 30 ft. 103 ft. 50 ft. Max. Building Height 40 ft. 21 ft. No change Zoning Compliance t Pre-existing non -conforming * The applicant's calculation of a front yard coverage of 7% in its submission was incorrect as the planned ROW extends relatively deep into the property. The applicant's calculation of building coverage was also incorrect as the footprint of the existing structure is 960 SF not 1,664 SF. # Waiver needed for additional encroachment of building SF into ROW and for increase in front yard coverage. This is an unusual situation in that the entire existing building and a portion of the existing ramp is located within the 50 ft. front setback and a portion of the proposed addition will also be within the front setback even though it will be located entirely behind the existing building. The existing encroachment of structures into the front setback consists of the building footprint (960 sf) and a portion of the existing handicap ramp (-168 SF) for a total of approximately 1,128 SF or 32.2% of the overall front yard size of 3,507 SF. The proposed plan would remove the 168 SF ramp in the setback but 197 SF of the new addition would be added back resulting a net increase of 29 SF or 2.8% of additional building encroachment into the front setback area with a total encroachment of 1,157 SF. The existing front yard coverage is comprised of the building (960 SF), the rear entry ramp (168 SF), the area leading to the ramp (90 SF) and the driveway (468 SF) and results in a total impervious coverage of 1,686 SF or 48.1% of the overall front yard size of 3,507 SF. The removal of the ramp and the construction of the addition results in 29 SF as noted above plus the addition of the sidewalk and entry landings adds 191 SF for a total increase of 220 SF or 13.1% of front yard coverage and a final overall front yard coverage of 1,906 SF or 54.4%. Given that the overall proposed development is similar to others in the adjacent area, the Board finds both the slight increase in encroachment of structures into the front yard and the increase in overall front yard coverage acceptable and grants waivers accordingly to allow a net increase of 29 SF or 2.8% of additional building encroachment for total of 1,157 SF of encroachment into the front yard and to allow an overall front yard coverage of 1,906 SF or 54.4%. Applicability of use of Planned Unit Development approach The applicant is proposing this project be reviewed under PUD standards so as to allow a waiver for an increase of approximately 29 square feet of additional encroachment caused by the proposed addition to the rear of the existing building which is already located within 50 ft. of the planned ROW of Patchen Road. Section 15 of The South Burlington Land Development Regulations addresses Subdivision and Planned Unit Development Review and reads, in part, as follows: 15.01 Purpose -2— #SD-15-34 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 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. As encouraged by the Board at sketch review, the applicant proposed construction of a sidewalk along the north side of the building to be accompanied by additional landscaping. -Efficient use of land. The proposed addition will increase the number of businesses on the property from two to three within the overall building and lot coverage limits. The Board finds that this criterion to be met. - The viability of infill development and re -development in the City's Core Area, as defined in the Comprehensive Plan. The Core Area is defined in the Comprehensive Plan as follows: 1 _ Cnre Area The core area of the City shall be defined as those areas lying north of 1-89 and 1-189, and lying west of Spear Street. It is recommended that the majority of development density and new development over the next 20 years be directed to the core area of the City. It should be noted that within the core area, there will be sub -areas of varying uses and densities, natural resource preservation areas, parks and open spaces, and transportation facilities. Many of these sub -areas, such as the City Center, commercial centers and residential areas are discussed below. The proposed addition represents in -fill development within the Core Area. The Board finds that this criterion to be met. Given compliance with the criteria noted above, the Board finds that the property can be considered as a PUD. 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. It is unclear whether the proposed addition will cause an increase in water supply and wastewater disposal. -3— #SD-15-34 The Board finds that the applicant shall provide confirmation to the City that adequate water supply and wastewater disposal exists prior to the issuance of a zoning permit. (A)(2)Sufcient 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 applicant's plan includes notes on Erosion Prevention and Sediment Control. The Board finds that this criterion to be met. (A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Ten (10) parking spaces are proposed one of which will be for handicap use. Eleven are required. See discussion below. The Board has no concerns regarding access, circulation or traffic. (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. There are no wetlands, streams, wildlife habitat as identified in the Open Space Strategy nor unique natural features on the site. (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. The City's Land Development regulations note the purpose of the subject zoning district as follows: 5.01 COMMERCIAL 1 - C1 A. Purpose. A Commercial 1 District is hereby formed in order to encourage the location of general retail and office uses in a manner that serves as or enhances a compact central business area. Other uses that would benefit from nearby access to a central business area, including clustered residential development and small industrial employers, may be permitted if they do not interfere with accessibility and continuity of the commercial district. Large -lot retail uses, warehouses, major industrial employers, and incompatible industrial uses shall not be permitted. Planned Unit Developments are encouraged in order to coordinate traffic movements, promote mixed -use developments, provide shared parking opportunities, and to provide a potential location for high - traffic generating commercial uses. Any uses not expressly permitted are prohibited, except those that are allowed as conditional uses. The proposed project will add a third business to the property. The Board finds the project to be consistent with this purpose statement. (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. This criterion is not applicable. -4— #SD-15-34 (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. In an email to staff dated October 8, 2015, Deputy Fire Chief Terry Francis indicated to staff that the Department had no issues with the application. The Board finds that this criterion is met. (A)(S)Roods, 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 Board finds that this criterion to be met. The Board finds that the proposed project will not impact the extension of such services and infrastructure to adjacent landowners. (A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). According to the Comprehensive Plan, the goals and objectives for this area of the City are as follows: 3. Commercial Centers These areas generally follow the Shelburne Road and Williston Road Corridors. These areas are intended to consist predominantly of commercial uses, however, residential and industrial can be mixed throughout the area. These centers are generally already developed with commercial establishments. Therefore, growth will occur primarily as infill or conversion development. The City encourages mixed -use development in these areas (e.g. mixed residential/commercial or mixed retail/office/restaurant) to encourage pedestrian movement, use of public transportation services, and shared parking opportunities. These areas are intended to meet both local and regional shopping and employment needs. The project represents an addition of a business to an existing commercial building and is therefore consistent with the Plan. The Board finds that this criterion is 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. -5— #SD-15-34 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 project requires 11 parking spaces. The applicant is requesting a waiver of one (1) space or 9% and seeks approval to construct only 10 spaces. The Board notes that the project is located one block from Williston Road a major arterial which includes CCTA public transit and sidewalks, and has no concerns with the waiver request. The Board hereby grants a waiver of 1 space or 9% to allow 10 parking spaces instead of the 11 spaces nominally required. (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. Parking spaces will be located to the rear of the building. The Board finds that this criterion to be met. (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 existing structure is approximately 23 feet high. The propose addition is approximately 21 ft. high. This is similar to other structures in the neighborhood. The Board finds this criterion to be met. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. The plans are silent on the location of any new utility services especially the electrical line to service the proposed new yard light at the rear of the lot. The Board directs the applicant to revise its plans to detail the proposed underground location of any newly installed utility services and service modifications. 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. The design of the structure is consistent with the existing building and with others in the neighborhood. Additional landscaping is proposed. The Board finds this criterion to be met. I. #SD-15-34 (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 existing structure is approximately 23 feet high. The proposed addition is approximately 21 ft. high. This is similar to other structures in the neighborhood. The Board finds this criterion to be met. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: A. Access to Abutting Properties. 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. No reservation of land is required. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. As noted above, the applicant should detail the underground location of any newly installed wire utility lines. C. 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). Small receptacles intended for use by households or the public (ie, non-dumpster, non -large drum) shall not be required to be fenced or screened. No dumpster area is identified on the plan as the applicant indicates that household size totes to handle solid waste, recycling and compost will be utilized and stored inside. The Board finds that this criterion is met. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. 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 minimum landscape requirement for this project is determined by Table 13-9 of the South Burlington Land Development Regulations. The costs of street trees are above and beyond this minimum landscape requirement. The total construction cost for the addition is $68,000. The minimum landscaping requirement is calculated as follows: Total Building Construction or % of Total Construction/ Minimum Landscape Requirement -7— #SD-15-34 Building Improvement Cost Improvement Cost $0 - $250,000 3% [ x $68,000 ] $2,400 Next $250,000 2% -0- Additional over $500,000 1% -0- Minimum Landscaping $» $2,400 The applicant is proposing landscaping with a value of $4,700. The Board finds that this criterion is met. Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall depict snow storage areas that will minimize the potential for run-off. Snow storage areas are shown on the plan. Lighting Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of -way. The applicant has submitted the spec sheet for the proposed rear yard light. The applicant also indicated that they will install shields to prevent any spillage of light onto adjacent residential properties. The Board finds that this criterion is met. Stormwater In an email to staff dated September 25, 2015 the Department of Public Works commented as follows: The City Stormwater Section has reviewed the "Hannah & NGA Tran — Proposed Site Plan" prepared by NLB Construction Consulting, LLC, dated 515115 and last updated on 8117115. We would like to offer the following comments: 1. The proposed project is located in the Potash Brook watershed. 2. It is recommended that dimensions of the pipe and stone are added to the infiltration trench detail, as well as a more defined swale above the trench. 3. Work in the City Right Of Way (ROW) requires a permit before construction can begin. A "Permit to Open Streets or Right -Of -Way" can be obtained from the South Burlington Department of Public Works on their web site, or by stopping by their office located at 104 Landfill Road. 4. The DRB should include a condition requiring the applicant to regularly maintain the stormwater treatment practice. Regards, Dave David P. Wheeler Assistant Stormwater Superintendent #SD-15-34 The Board notes that Mr. Wheeler's comments address the initial submission. Revised plans received on October 8, 2015 indicate that no infiltration trench will be constructed and that the parking area instead will be regraded so that stormwater sheet flows to the east into a proposed grass Swale (also serving as a snow storage area and is infiltrated on site. Subsequent oral communications between staff and Mr. Wheeler indicate that the DPW is comfortable with the modification as stormwater will infiltrate on site and not drain to the City's stormwater system or to nearby waterways and the City's standards will continue to be met. The Board is supportive of the proposed co -location of the snow storage area and the grass swale. The Board finds that the applicant shall regularly maintain the stormwater treatment practice. 3.05 Lots Buffer Strip for Non -Residential Uses Adjacent to Residential District Boundaries. (1) Where a new non-residential use is adjacent to or within fifty (50) feet of the boundary of a residential district, or where an existing non-residential use, structure or parking area that is adjacent to or within fifty (50) feet of the boundary of a residential district is proposed to be expanded, altered or enlarged, the required side or rear setback shall be increased to sixty-five (65) feet. A strip not less than fifteen (15) feet wide within the sixty- five (65) foot setback shall be landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not ordinarily be permitted within the fifteen (15) foot wide buffer area. The property's rear property line abuts the Residential 4 District. As proposed, the project is not in compliance with this standard although the applicant has proposed planting twelve (12) Arborvitae Nigro as screening along the back edge of the property but this strip is well less than 15 ft. wide. (2) The Development Review Board may permit new or expanded nonresidential uses, structures and/or parking areas, and new external light fixtures, within the setback and/or buffer as set forth in (1) above, and may approve a modification of the width of the required setback and/or landscaped buffer as set forth in (1) above. In doing so the DRB shall find that the proposed lighting, landscaping and/or fencing to be provided adjacent to the boundary of the residential district will provide equivalent screening of the noise, light and visual impacts of the new non-residential use to that which would be provided by the standard setback and buffer requirements in (1) above. However in no case may the required side or rear setback be reduced below the standard requirement for the zoning district in which the non-residential use is located. Given the proposed 10 parking spaces, the proposed grass swale and the delineated snow storage area, the Board notes that it would be a challenge for the applicant to install and locate the required 15' x 59' strip pursuant to subsection 3.05 1. (1). During the hearing the Board and the applicant noted the existing line of trees along the rear of the property which abuts a residential property. #SD-15-34 The Board finds that the proposed landscaping acceptable and directs the applicant to avoid cutting, to the extent feasible and reasonable, any existing trees along the rear of the property during the planting of the Arborvitae Nigro. Pursuant to Section 3.05.1(2), the Board finds that the combination of existing trees and proposed new line of Arborvitae Nigra will provide screening of noise, light and visual impacts from the new non- residential use of the subject property equivalent to the standards of Section 3.05.1(1). DECISION Motion by John Wilking, seconded by David Parsons, to approve preliminary and final plat application #SD-15-34 of Brian Pollica and Hannah Tran, subject to the following conditions: 1. All previous approvals and stipulations, which are not superseded by this approval, must remain in effect. 2. This project must be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plat plans must be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plat shall be submitted to the Administrative Officer prior to recording the plat. a. The site plan shall be revised to detail the proposed underground location of any newly installed utility services and service modifications. b. The lot coverage numbers cited in the table on the Site Plan should be corrected to be consistent with the analysis shown in Table 1. Zoning District & Dimensional Requirements. 4. The Board hereby grants the following waivers: a. Allow a net increase of 29 SF or 2.8% of additional building encroachment for total of 1,157 SF of encroachment into the front yard b. Allow an overall front yard coverage increase of 220 SF or 13.1% to an overall coverage of 54.4%. c. Allow waiver of one (1) space or 9% to allow 10 parking spaces instead of the 11 spaces nominally required. 5. The applicant must regularly maintain the stormwater treatment practice. 6. The Board directs the applicant to avoid cutting, to the extent feasible and reasonable, any existing trees along the rear of the property during the planting of the Arborvitae Nigro. 7. The applicant must provide confirmation to the Administrative Officer that adequate water supply and wastewater disposal exists prior to the issuance of a zoning permit to construct the addition. 8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, -10— #SD-15-34 services, and service modifications shall be underground. 9. All exterior lighting must be downcasting and shielded, and otherwise comply with Section 13.07 of the SBLDR. 10. 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. 11. Prior to permit issuance, the applicant must post a $2,400 landscaping 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 survival. 12. The applicant must obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 13. Prior to issuance of a zoning permit for the addition, the applicant must submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 14. The mylar must be recorded prior to any zoning permit issuance. 15. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to the use of the addition. 16. The final plat plan (survey plat) 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. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. Tim Barritt Yea Nay Abstain Mark Behr Yea Nay Abstain Matt Cota 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 4— 0 — 0. t� / Signed this day of 1 V �)' 0 �`� 2015, by Tim Barritt, Chair Not Present Not Present IVnt Dracant Not Present Not Present Not Present Not Present - 11 — #SD-15-34 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). -12—