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HomeMy WebLinkAboutSP-10-92 - Decision - 0264 Quarry Hill RoadR Development Review Board\Findings_Decisions\2010\Deslauriers SP1092 ffd.doc CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RALPH DESLAURIERS 264 Quarry Hill Road. SITE PLAN APPLICATION #SP-10-92 FINDINGS OF FACT AND DECISION Ralph Deslauriers., hereafter referred to as the applicant, is seeking site plan approval to construct a 32 unit multi -family dwelling, 264 Quarry Hill Road. The Development Review Board held a public hearing on January 18, 2011. Skip McClellan 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. Ralph Deslauriers., hereafter referred to as the applicant, is seeking site plan approval to construct a 32 unit multi -family dwelling, 264 Quarry Hill Road. 2. The application was received on December 21, 2010. 3. The owner of record of the subject property is Cupola Golf Course Inc. 4. The subject property is located in the R12 Zoning District. 5. The plans submitted consist of an eight (8) page set of plans, page one (1) entitled, "Quarry Hill Subdivision South Burlington Vermont: Site Plan- QHC Lot #2,"prepared by Llewelyn-Howley Inc, dated 11/20/03, last revised on 12/17/10. 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: 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. According to Table 13-1 of the South Burlington Land Development Regulations, the proposed project will require 64 parking spaces (Article 13 of the South Burlington Land P:\Development Review Board\Findings_Decisions\2010\Deslauriers SP1092 ffd.doc Development Regulations states that "if all parking spaces are common, i.e. non -reserved, and there are more than 10 dwelling units, the requirement decreases to 2 spaces per dwelling unit). A total of 53 parking spaces are proposed for the subject building: 24 underground parking spaces, 22 aboveground parking spaces, and 7 overflow parking spaces on the adjacent lot (Quarry Hill Club). This represents a shortfall of 11 spaces, 17.2%. The applicant has agreed to reserve space for the addition of these 11 parking spaces should they be needed in the future. The plans reflect this. As the amount of parking would fall short otherwise, and as the plans state that only 64 spaces are required (the 2x unit, non -reserved calculation), it will thus be an absolute requirement that all parking spaces MUST be shared. No spaces, above ground or below, may be reserved or assigned. According to Table 13-7 of the South Burlington Land Development Regulations, the proposed project will require three (3) handicapped -accessible parking spaces. Three (3) handicapped -accessible parking spaces are depicted on the plans (one is shown in the underground garage). Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. The plans note that a bicycle rack is proposed within the parking garage. Section 13.01(J) of the SBLDR requires parking or storage facilities for recreational vehicles. The Development Review Board may waive this requirement if the applicant shows that the storage and parking of recreational vehicles shall be prohibited within all private and common areas of the development. The applicant should submit language reflecting this that will be part of the deed, covenant, or other association bylaws prior to the issuance of a zoning permit. Parking: (a) Parking shall be located to the rear or sides of buildings. (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. (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act, (ii) The parking area will serve a single or two-family home; (iii) The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building, to be located adjacent to the public street; (iu) The lot contains one or more existing buildings that are to be re- used and parking needs cannot be accommodated to the rear and sides of the existing building(s); or, 2 P:\Development Review Board\Findings_Decisions\2010\Deslauriers SP1092 ffd.doc (u) The principal use of the lot is for public recreation. (c) Where more than one building exists or is proposed on a lot, the total width of all proposed parking areas that are both to the side of a building and between the front lot line and the building line of the building on the lot that is closest to the public street shall not exceed one-half of the total building width of all buildings on the lot that are located adjacent to the public street. Buildings separated from the front lot line by parking approved pursuant to 14.06(C)(2)(b) shall be considered adjacent to the public street. Buildings separated from the front lot line by any other parking areas shall not be considered adjacent to the public street. (d) The DRB shall require that the majority of the parking on through lots and corner lots be located between the building(s) and the side yards or between the building and the front yard adjacent to the public street with the highest average daily volume of traffic. Where the rear yard of a lot abuts an Interstate or its interchanges, the majority of parking shall be located between the building and the side yards or between the building and the yard that is adjacent to the Interstate. The only spaces proposed to the front of the proposed building are two handicapped accessible parking spaces. These appear allowable under subsection (b)(i) above which refers to ADA compliance. The remainder of the proposed plan is in full compliance with these criteria. 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 height of the proposed building is 56'2" above average pre -construction grade. The maximum height for buildings with peaked roofs in South Burlington is 40'. Therefore, the applicant is requesting a height waiver of 162". Pursuant to Section 3.07(F)(2) of the Land Development Regulations, for structures proposed to exceed the maximum height for structures specified in Section 3.07(D) of the Land Development Regulations, as part of a planned unit development or master plan, the DRB may waive the requirements of this section as long as the general objectives of applicable zoning district are met. A request for approval of a taller structure shall include the submittal of a plan(s) showing the elevations and architectural design of the structure, pre -construction grade, post -construction grade, and height of the structure. Such plan shall demonstrate that the proposed building will not detract from important public scenic views from adjacent public roadways and other public rights -of -way. The applicant has submitted building elevation plans that indicate the pre -construction grade and the post -construction grade for the subject property. Section 3.07(F) of the SBLDR states that a height waiver is warranted if the applicant demonstrates that the "proposed building will not detract from important public scenic views from adjacent public roadways." The subject lot sits significantly downhill from the existing homes on Spear Street and East Terrace as a significant drop in elevation occurs at the rear of those properties. P:\Development Review Board\Findings_Decisions\2010\Deslauriers SP1092 ffd.doc The applicant has submitted renditions which depict the building against the horizon, as seen from the public rights -of -way of Spear Street and East Terrace and provide testimony to this affect at the hearing. The Board is in favor of granting the height waiver of 16'2". Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines 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. Again, the applicant has submitted building elevation plans of the proposed project. These appear to be in compliance with this criterion. 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. At this time, the Board does not feel it is necessary to reserve additional land for drives or parking on the subject lot. 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 noted that, pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines 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). All dumpsters and solid waste facilities shall be accessible, secure, and screened to the satisfaction of the Development Review Board. The plans depict dumpsters on site which show a fence around four sides of each. Landscaping and Screening Requirements According to the applicant, the proposed project will cost approximately $1,920,000. Based on this number, and in accordance with Table 13-9 of the South Burlington Land 0 P:\Development Review Board\Findings_Decisions\2010\Deslauriers SP1092 ffd.doc Development Regulations, the minimum landscaping requirement is $26,700. The applicant is proposing a landscaping budget of $26,770. The plans have not changed since the previous approval which was reviewed by the City Arborist at the time. As the regulations have not changed, the Board finds that, in the spirit of expediency and efficiency, his previous comments shall stand. Pursuant to Section 13.06(B)(4) of the South Burlington Land Development Regulations, the plans should show the location of snow storage areas. The plans show adequate snow storage areas. DECISION /], /I Motion by T0� ly� z' seconded by/h/�oo l�1401N6m 44, to approve Site Plan Application #SP-10-92 of Ralph Deslauriers subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall 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 applicant shall 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. 4. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 5. The applicant shall comply with the requests of the South Burlington Water Department, as outlined in the letter from Jay Nadeau, dated June 9, 2004, prior to permit issuance. 6. The applicant shall comply with the requests of the South Burlington Fire Department, as outlined in the letter from Chief Brent dated July 1, 2004. 7. The applicant shall comply with the requests of the City Engineer, as outlined in his letter dated June 10, 2004, prior to permit issuance. 8. 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. 9. The applicant shall post a $26,700 landscape bond prior to the issuance of the 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. P:\Development Review Board\Findings_Decisions\2010\Deslauriers SP1092 ffd.doc 10. 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 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 property; 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. 11. The association shall assume all maintenance responsibilities for the stormwater drainage facilities until such time as the City stormwater utility accepts the stormwater infrastructure. 12. There shall be no clearing or disturbance of land within wetlands or wetland buffers. 13. Recreational vehicle parking is prohibited on the property. 14. Pursuant to Section 3.07(F)(2) of the Land Development Regulations, the Development Review Board grants the applicant a 16'2" height waiver for the building at 264 Quarry Hill Road, for a total building height of 56'2" from average pre -construction grade. 15. No parking shall be reserved on site. 16. The applicant shall submit language reflecting the prohibition of recreational vehicles from the site that will be included as part of the deed, covenant, or other association bylaws prior to the issuance of a zoning permit for either of the multi- family buildings. This shall be reviewed and approved by the City's attorney prior to issuance of the first zoning permit. 17. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of the building. 18. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr —` e /nay/abpve 'n/not present Matthew Birmingham —ay/abstain/not present John Dinklage nastain/not present Roger Farley — e /abstain/not present Michael Sirotkin — ay/abstain/not present Gayle Quimby — ea ay/abstain/not present Bill Stuono — ra ay/abstain/not present 0 P:\Development Review Board\Findings_Decisions\2010\Deslauriers SP1092 ffd.doc Motion carried by a vote of 1- v - O Signed this �� �e�I ay (tl f)4 2011, by MaBehr, Chairman 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://vermont4udiciary.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. 7