HomeMy WebLinkAboutSD-09-07 SD-09-08 - Decision - 0200 Patchen Road#SD-09-07
#SD-09-08
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SHEPPARD BROGNA GARDNER STOWE, LLC — 200 PATCHEN ROAD
PRELIMINARY PLAT APPLICATION #SD-09-07
FINAL PLAT APPLICATION #SD-09-08
FINDINGS OF FACT AND DECISION
Shepard Brogna Gardner Stowe, LLC hereafter referred to as the applicant, is
requesting approval for preliminary plat application #SD-09-07 and final plat application
#SD-09-08 for a planned unit development consisting of: 1) subdividing a 3.63 acre
parcel developed with a cemetery into two (2) lots of 2.11 acres (lot #1) and 1.52 acres
(lot #2), and developing lot #1 with two (2) two-family dwellings and one (1) 3-unit multi-
family dwelling, 200 Patchen Road.
The Development Review Board held public hearings on March 17, April 7, and April 21,
2009. David Burke represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is requesting approval for preliminary plat application #SD-09-07 and
final plat application #SD-09-08 for a planned unit development consisting of: 1)
subdividing a 3.63 acre parcel developed with a cemetery into two (2) lots of 2.11 acres
(lot #1) and 1.52 acres (lot #2), and developing lot #1 with two (2) two-family dwellings
and one (1) 3-unit multi -family dwelling, 200 Patchen Road.
2. The owner of record of the subject property is The Congregation of the Synagogue
Ahavath Gerim Inc.
3. The application was received on February 12, 2009.
4. The subject property is located in the Residential 4 Zoning District.
5. The plan submitted consists of a five (5) page set of plans, page one (1) entitled "The
Commons at Patchen Woods Patchen Road South Burlington, VT", prepared by
O'Leary -Burke Civil Associates, PLC, dated 2/2/2009, last revised on 4/13/2009.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
R4 Z ning District
Required
Proposed
Min. Lot Size
6,000
SF/unit
2.11 acres
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A Max. Building Coverage
20%
10%
4 Max. Overall Coverage
40%
27.7%
�l Min. Front Setback
30 ft.
30 ft.
Min. Side Setback
10 ft.
10 ft.
�l Min. Rear Setback
30 ft.
35 ft.
zoning compliance
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations PUDs
shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations,
the existing public utility system shall be extended to provide the necessary quantity of
water, at an acceptable pressure, to the proposed additional dwelling units.
The plans have been reviewed by the South Burlington Water Department, who presented
comments in a letter dated April 17, 2009. There were changes to the plan required.
Pursuant to Section 15.13(D)(1), the developer shall connect to the public sewer system or
provide a community wastewater system that is approved by the City and the State in any
subdivision where off -lot wastewater is proposed. The developer is required to provide
such pumping and other facilities as may be necessary.
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 City of South Burlington Stormwater Superintendent has reviewed the plans and
provided comments in a memo dated February 17, 2009 (attached). No changes to the
plans are required.
The project incorporates access, circulation and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to this development is proposed via a 20 foot wide private road off of Patchen Road
terminating in a hammer -head turnaround. This roadway is also proposed to serve an
existing cemetery.
For the purposes of this criterion, the general location of the proposed road is sufficient.
The project proposes 7 residential units which are estimated to generate very little traffic
(less than 4 pm peak hour trip ends).
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.
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The site plans depict Class III wetlands on the eastern edge of the subject property, which
sits at the bottom of a relatively steep ravine. No encroachments into the wetland or the
associated buffer are proposed. The applicant is proposing to install proper silt fencing at
the top of the ravine prior to construction.
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.
According to Section 4.03 of the South Burlington Land Development Regulations, the R4
District is formed to encourage residential use at moderate densities. This proposal is within
density guidelines for the district and in compliance with this criterion.
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 site leaves very little room for open space areas, with the exception of the cemetery
area and the ravine to the east. Nevertheless, these two sides of the property are those
which are located closest to abutting residential neighborhoods and will serve as a de -facto
buffer between these areas.
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 has reviewed the plans and provided written comments in
a letter dated April 15, 2009. The applicant shall adhere to the specifications of the Fire
Chief.
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.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
Access to this development is proposed via a 20 foot wide private road off of Patchen
Road. This roadway is also proposed to serve an existing cemetery.
The standard for private roads also requires a sidewalk. A five foot wide sidewalk along the
northern side of the road is proposed.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed PUD is consistent with the South Burlington Comprehensive Plan. The
Residential 4 District is formed to encourage residential use at moderate densities. This
plan achieves this.
SITE PLAN REVIEW STANDARDS
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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 proposed PUD will accomplish a desirable transition from structure to site and from
structure to structure.
The Board has no concerns regarding the adequacy of parking on site as presented. Per
the land development regulations, two parking spaces are required for each dwelling unit,
plus an additional one space per four dwelling units. The applicant has stated that each unit
will have a 2-car garage as well as space in the driveway area for two vehicles.
In accordance with Section 13.02(G)(5) of the SBLDR, a bicycle parking or storage facility
shall be provided. The Development Review Board has the authority to require one for
each building, but just one bike rack would be appropriate. One bicycle rack is depicted on
the plans.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The proposed parking locations are adequate given the use of the building as two and
three family residential dwellings.
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. According to Section 3.07
of the South Burlington Land Development Regulations, the maximum height of the
buildings in this PUD shall not exceed 40 feet. The proposed building heights are below 35
feet.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
The Board has already indicated that any newly installed utility lines, services, or 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.
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.
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The applicant has submitted proposed building elevations which appear to meet this
criterion. The proposed structures have a pitched roof with accent shingling and are very
similar to many other recently proposed or built residential structures.
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.
Although there are developments on three sides of the subject property, there are no
feasible opportunities to provide access to abutting properties as part of this proposal.
There is a sharp ravine separating this property from the residential development to the
east. There is no practical connection to the properties to the north and south.
This development proposes to eliminate a private access drive to the cemetery in favor of a
private road. Access to the cemetery is now provided via the private road, with additional
egress on the south side of the PUD.
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.
The Board has already indicated that any newly installed utility lines, services, or service
modifications shall be underground.
All dumpsters and other facilities to handle solid waste, including compliance with
any recycling or other requirements, shall be accessible, secure and properly
screened with opaque fencing to ensure that trash and debris do not escape the
enclosure(s).
The plans do not show any solid waste facilities. The applicant has indicated that trash is
to be maintained by individual home -owners.
Landscaping
The applicant has submitted a landscaping plan and budget
Pursuant to Section 13.06 of the Land Development Regulations, the applicant must submit
a detailed landscaping plan. In addition, the applicant is required to submit a landscape
budget in accordance with Table 13-9 of the Land Development Regulations, to ensure that
the minimum landscaping requirement is being met.
Based on anticipated building costs of $700,000 the minimum landscaping budget shall be
$14,500. The applicant is proposing $15,100 in new on -site landscaping.
The City Arborist has reviewed the plans and provided comments in a memo dated March
6, 2009 and April 2, 2009.
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Other
The plans have been reviewed by the City Engineer and comments are attached in a
memo dated March 12, 2009, March 30, April 2, 2009 and April 16, 2009.
The survey plat contains a note which indicates some title issues with a wedge of land
located along the eastern edge of the property. At this time, it does not appear that the
inclusion or exclusion of this land from the PUD would be detrimental to any of the
density limitations or dimensional standards.
The applicant is proposing footprint lots around the buildings. These lots will not be in
compliance with the SBLDRs. Therefore, for the purposes of planning and zoning, these
footprint lots will be considered as part of the larger Lot 1.
DECISION
Motion by seconded bydG�
to approve Pre Iminary Plat Allplication #SD-09-07 & Final Plat Applicati n #SD-09-08 of
Sheppard Brogna Gardner Stowe, LLC, 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 plat plans submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. The plat plans shall be revised to show the changes below and shall require approval
of the Administrative Officer. Three (3) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to permit issuance.
a. The plans shall be revised to comply with the requirements of the Water
Department Superintendent in a letter dated 4/17/2009.
b. The final plat plans shall be revised to include a proposed street name and
E911 street addresses. These shall be presented to the E-911 coordinator and
approved by the South Burlington Planning Commission prior to recording the
mylar.
c. The plans shall be revised to eliminate the truncated domes and leave the
existing sidewalk at grade.
d. The survey plat shall be revised to include the signature and seal of the land
surveyor
4. The applicant shall obtain final wastewater capacity allocation for each building prior to
permit issuance.
5. 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
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shall meet the standards set forth in Section 16.04 of the South Burlington Land
Development Regulations.
6. The project shall comply with all requirements of Vermont Division of Fire Safety.
7. The applicant shall adhere to the installation of the necessary fire alarms and carbon
monoxide detectors as required for occupancies such as these.
8. Newly installed utility lines, services, and service modifications shall be underground.
9. The applicant shall adhere to the comments of the city engineer dated 4/16/2009 that
the damage to Patchen Road, including sidewalks, curbs, and road, and also removal
and salting of ice buildup on sidewalks resulting from overflow of grass swales shall be
the responsibility of the owners of the swales and not the City.
10. All buildings shall be sprinklered per the recommendation of the Fire Chief in a letter
dated 4/15/2009.
11. This approval will not imply a side setback waiver for units #5-7 if the pie shaped
parcel is found to not be owned by the applicant or subsequent owners.
12. Prior to recording the final plat plans, the applicant shall record a "Notice of
Condition" approved by the City Attorney, which states tat for zoning and subdividing
purposes the "footprint' lots and the remaining common land will be considered one (1)
lot (e.g. coverage and setback requirements).
13. The applicant shall 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 remainder of the buildings. At such time as the five years is reached and
the applicant has not sought a zoning permit for the remainder of the buildings, they
shall 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.
14. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to occupancy of the three (3) unit multi -family dwelling.
15. The applicant shall adhere to the comments of the City Arborist dated 4/2/09.
16. The applicant shall adhere to the comments of the Water Department dated 4/17/09.
17. The applicant shall adhere to the comments of the Fire Chief dated 4/15/09.
18. The applicant shall post a $14,500 landscape bond prior to issuance of a 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.
19. The mylar shall be recorded prior to permit issuance.
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20. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
21. 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.
Mark Behr — ea ay/abstain/not presen
Matthew Birmingham — yea/nay/abstain of ��D
John Dinklage — ea/nay/abstain not presen
Roger Farley — e nay/abstain/not present
Eric Knudsen — e ay/abstain/not present
Peter Plumeau nay/abstain/not present
Gayle Quimby — e nay/abstain/not present
Motion carried by a vote of
Signed thisz/ day Xr, 2009, by
ark Behr, Vice Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 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).
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