HomeMy WebLinkAboutSD-06-89 SD-0690 - Decision - 0401 Patchen Road#SD-06-89
#SD-06-90
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
PATCHEN ROAD INVESTMENTS, LLC - PLANNED UNIT
DEVELOPMENT
PRELIMINARY PLAT APPLICATION #SD-06-89
FINAL PLAT APPLICATION #SD-06-90
FINDINGS OF FACT AND DECISION
Michael Dugan, hereinafter referred to as the applicant, is seeking to amend a previously
approved plan for four (4) dwelling units in one (1) building and three (3) mixed use
commercial buildings and an accessory structure. The amendment consists of seeking
planned unit development approval for three (3) additional residential units and an
umbrella approval, 401 Patchen Road. The Development Review Board held a public
hearing on November 7, 2006. The applicant was present at the meeting.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking to amend a previously approved plan for four (4)
dwelling units in one (1) building and three (3) mixed use commercial buildings
and an accessory structure. The amendment consists of seeking planned unit
development approval for three (3) additional residential units and an umbrella
approval, 401 Patchen Road.
2. The owner of record of the subject property is Patchen Road Investments, LLC.
3. The subject property is located in the Commercial 2 (C2) Zoning District.
4. The plan submitted is entitled "397 Patchen Road South Burlington Vermont
Williston Road Property Management — Owner", prepared by Michael Dugan,
Architect, dated June 26, 2000, last revised on October 4, 2006.
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ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
C2 Zoning District
Required
Proposed
4 Max. Building Coverage
40%
22.4%
4 Max. Overall Coverage
70%
78.6%
♦ Max. Front Yard Coverage
Patchen Road
30%
50%
Min. Front Setback
50 ft.
50 ft.
�1 Min. Side Setback
10 ft.
>10 ft.
4 Min. Rear Setback
30 ft.
<5 ft.
�l Max. Building Height
35 ft.
n/a
4 zoning compliance
4 pre-existing noncompliance; degree of noncompliance has been
reduced as part of this application.
♦ the applicant has correctly calculated front yard coverage based on
a 50 foot setback; Please note, if trying to compare this plan with
previous approvals, that previous approvals were based upon a 30
foot setback and so it is difficult to compare the numbers.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the Land Development Regulations, the Development Review
Board shall consider the following in its review of subdivision and Planned Unit
Development (PUD) applications:
(a) 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), municipal water service must be extended to serve
the proposed development.
The applicant should obtain additional allocation from the South Burlington Water
Department if necessary.
(b) Sufficient grading and erosion controls will be utilized during and after
construction to prevent soil erosion and runoff from creating unhealthy or
dangerous conditions on the subject property and adjacent properties.
No new construction is proposed. Therefore this criterion is not applicable.
(c) The project incorporates access, circulation and traffic management
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strategies sufficient to prevent unreasonable congestion of adjacent roads.
The existing development has two curb cuts on Patchen Road. The existing western
most curbcut is 34 feet wide while the eastern curb cut is approximately 30 feet wide. At
the direction of staff and the Board, and with the goal of reducing front yard impervious
coverage, the applicant has reduced the width of the westerly curb cut to 28 feet and the
easterly curbcut to 25 feet. Both are still proposed to be for ingress and egress. The
easterly curbcut is proposed to be relocated approximately 23 feet to the west. The
Board is supportive of these changes.
Circulation throughout the site is proposed to be two -directional, with the exception of
the front of Building 1, which is proposed to be one way.
It is unclear at this time what the property has paid for vehicle trip ends. The property
should be grandfathered according to the current generation. Any additional creation of
trip ends will require additional traffic impact fees.
According to the ITE Trip Generation Manual, the existing commercial uses are
estimated to generate 20.2 vte's during the p.m. peak hour. The applicant shall be
responsible for obtaining approval and paying for any traffic impact fees for traffic which
might result from any more intensive development.
(d) The project's design respects and will provide suitable protection to
wetlands, streams, wildlife habitat as identified in the Open Space Strategy,
and any unique natural features on the site.
There are no wetlands, streams, wildlife habitat, or unique natural features on the site.
(e) The project is designed to be visually compatible with the planned
development patterns in the area, as specified in the Comprehensive Plan
and the purpose of the zoning district(s) in which it is located.
The proposed development is in keeping with the goals for development within the
Commercial 2 (C2) Zoning District, as set forth in the Land Development Regulations.
(fJ 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.
As part of this application, the applicant has increased green space along the westerly
property boundary, to the west of Building 2. However, the applicant is also proposing to
remove some green space from the southwesterly corner of the property.
(g) The layout of a subdivision or PUD has been reviewed by the Fire Chief or
(designee) to ensure that adequate fire protection can be provided.
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As no new construction is proposed, this criterion is not necessary. The Fire Chief has
reviewed and commented on previous sets of plans regarding the layout and circulation on
the site.
(h) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility
lines and lighting have been designed in a manner that is compatible with the
extension of such services and infrastructure to adjacent landowners.
No new construction is proposed. Therefore this criterion is not applicable.
(i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a
manner that is consistent with City utility and roadway plans and
maintenance standards.
The applicant has indicated that no new lighting is proposed as a result of the conversion of
space from office to residential.
(j) The project is consistent with the goals and objectives of the Comprehensive
Plan for the affected district(s).
In general, the project is consistent with the goals and objectives of the Comprehensive
Plan.
Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review standards for all site plan applications:
SITE PLAN REVIEW STANDARDS
(a) The site shall be planned to accomplish a desirable transition from structure
to site, from structure to structure, and to provide for adequate planting, safe
pedestrian movement, and adequate parking areas.
The applicant is now proposing 52 parking spaces. The original plan created difficulties
with respect to their location; occupants of some spaces were required to back out and
into the incoming traffic near the entrance. The applicant has addressed this issue by
removing some parking spaces and adjusting the location and width of the westernmost
curb cut. This is very satisfactory.
Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for
employees, residents, and visitors to the site. The plans depict a bicycle rack.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Most of the proposed parking spaces are located to the sides and rear of the proposed
building. The applicant has removed the six parking spaces which exist along the green
strip adjacent to Patchen Road to bring the plan into greater compliance with this criterion.
This is satisfactory.
(c) Without restricting the permissible limits of the applicable zoning district, the
height and scale of each building shall be compatible with its site and
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existing or adjoining buildings.
The existing buildings are already in existence and are in compliance with this criterion.
(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
It has already been noted that any new utility lines shall be underground.
(e) The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual
interruptions to create attractive transitions between buildings of different
architectural styles.
The existing buildings are already in existence and are in compliance with this criterion.
(f) 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 buildings are already in existence and are in compliance with this criterion.
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:
(a) The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce
curb cuts onto an arterial of collector street, to provide additional access for
emergency or other purposes, or to improve general access and circulation
in the area.
Access to abutting properties is not necessary.
(b) Electric, telephone and other wire -served utility lines and service connections
shall be underground. Any utility installations remaining above ground shall
be located so as to have a harmonious relation to neighboring properties and
to the site.
It has already been indicated that utility lines must be underground.
(c) 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 depict an enclosed dumpster.
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Landscaping
As no land development is proposed at this time, no minimum landscaping budget is
required. However, the applicant is proposing several trees along the northern property line
to discourage or prevent vehicles from driving around the side of the building where there
currently exists an access drive. The applicant submitted a value for this landscaping which
is $1050.00.
Other- Umbrella Permit
The biggest issues involved in issuing an umbrella approval are whether the proposed
uses are allowed in the district, whether the site provides enough parking, and whether
or not the estimated traffic generation can be supported by the traffic impact fees already
paid.
The applicant has proposed the following uses to be approved under the umbrella
permit:
a. Place of worship
b. Personal instruction facility
c. Group home
d. Nursing facility
e. Social services
f. Multi -family dwellings
g. Light Manufacturing
h. Personal Services
i. Printing and binding
j. Radio and TV studio
k. Research Facility and Laboratory
I. Restaurant
m. Retail and Retail Services
n. Retail Warehouse
o. Tavern, Night Club
p. Warehousing and Distribution Facility
q. Recreation Facility
r. Artist production studio
s. Clinic: Medical, Dental, Optical
t. Financial Institution
u. Commercial kennel, vet hospital, and dog day-care
v. General Office
There are no issues with the approval of these uses as of right with the exception of
multi -family dwellings. However, because these present a multitude of possible
combinations, it would be impossible to assess the traffic and parking generations for
each use or mix of use at this time.
The applicant shall adhere to the following conditions to ensure that any future changes
in use are in compliance with the South Burlington Land Development Regulations.
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DECISION
Motion by , seconded by &Elt
to approve Preliminary Plat Apl lication #SD-06-89 and Final Plat Application #SD-06-9•
of Michael Dugan, 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 submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. If needed, the applicant shall obtain final water allocation approval from the South
Burlington Water Department prior to issuance of a zoning permit.
4. If needed, the applicant shall obtain preliminary wastewater allocation approval from
the Director of Planning and Zoning, Juli Beth Hoover, prior to final plat approval.
5. For the purposes of future development or changes in use, the applicant shall
obtain approval and pay for any traffic impact fees in which the vehicle trip ends
shall exceed 20.2.
6. The applicant shall post a $1050 landscaping bond prior to the issuance of a zoning
permit. 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.
7. Pursuant to Section 15.13(E) of the South Burlington Land Development
Regulations, any new utility lines shall be underground.
8. This approval is conditioned on a maximum of 52 spaces approved as part of the
final plat approval and 20.2 vehicle trip ends.
9. This approval is for the uses labeled a-v above, with the exception of f, which are
currently permitted uses in the Commercial 2 Zoning District. If the land
development regulations change so that any of the above uses are no longer
permitted, then those uses which are no longer permitted shall no longer be
approved.
10. The applicant shall obtain approval from the Director of Planning and Zoning
prior to any change of any tenant in the building. The Director of Planning and
Zoning shall approve the proposed new tenant only if the proposed combination
of uses fits within the limitations established in stipulation #8 above. In making
her determination, the Director of Planning and Zoning shall utilize the parking
standards in Tables 13-1 through13-6 in the Land Development Regulations, and
trip generation rates contained in the I.T.E. Trip Generation Manual. If a use
proposed does not fit clearly within any of these standards, or if a shared parking
concept is proposed in order to meet the parking limit, the applicant shall obtain
approval from the Development Review Board for the proposed use.
11. The applicant shall obtain a zoning permit within six (6) months pursuant to
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Section 17.04 of the Land Development Regulations or this approval is null and
void.
12. The mylar must be recorded prior to the issuance of a zoning permit.
13. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
14. 14. The final plat plan (site plan) 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.
Mark Behr -/nay/abstain/not present
Matthew Birmingham - yea/nay/abstaink( present)
John Dinklage - e nay/abstain/not present
Roger Farley - e nay/abstain/not present
Eric Knudsen - yea/na abstain not present
Peter Plumeau - yea/nay/abstain/ of presen
Gayle Quimby - e&nay/abstain/no present
f
Motion carried by a vot )f _- - - -7;� --
Signec ti s day of 2006, by
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John DinkTa—gp, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 V-1/A 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The tee 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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