HomeMy WebLinkAboutSD-08-57 - Decision - 0000 Quarry Hill Road#SD-08-57
CITY OF SOUTH BURLINGTON
FINDINGS OF FACT AND DECISION
CUPOLA GOLF COURSE, INC./ JOHN LARKIN-QUARRY HILL ROAD
FINAL PLAT APPLICATION #SD-08-57
FINDINGS OF FACT AND DECISION
John Larkin and Cupola Golf Course, Inc., hereinafter referred to as the applicants, are
seeking to amend a previously approved planned unit development consisting of five (5)
multi -family dwellings for a total of 160 units and a 40 unit congregate care facility. The
amendment consists of: 1) reducing the width of the proposed public street from 30 feet
to 28 feet, and 2) site modifications to the two (2) multi -family dwellings on Larkin lot #2,
Quarry Hill Road.
The Development Review Board held a public hearing on Tuesday, December 2, 2008.
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
The applicants are seeking to amend a previously approved planned unit
development consisting of five (5) multi -family dwellings for a total of 160 units
and a 40 unit congregate care facility. The amendment consists of: 1) reducing
the width of the proposed public street from 30 feet to 28 feet, and 2) site
modifications to the two (2) multi -family dwellings on Larkin lot #2, Quarry Hill
Road.
2. This project (application #SD-08-18) was initially approved on May 6, 2008
(minutes attached). Condition # 19 of #SD-08-18 stated that the mylar shall be
recorded within 180 days. The mylar was not recorded within the 180 days
therefore rendering #SD-08-18 null and void. The purpose of this application is to
re -approve the project.
3. The site modifications to the Larkin lot #2 buildings include the following:
changing both building sizes from 124' x 64' (7,936 sq. ft.) to 137' x 69' (9,453 sq.
ft.), relocate building entrances, revise sidewalks, relocate dumpsters, relocate
bicycle racks, identify handicap parking spaces, relocate water/sewer service
locations, remove stormwater storage structures, adjust storm collection
pipes/sizes/designations, relocate previously approved overflow parking, relocate
roof drains, and relocate water services.
4. The owners of record of the subject properties are Cupola Golf Course, Inc., and
John Larkin.
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5. The subject properties are located in the Residential 12 (R12) Zoning District.
6. The plans submitted consist of an eight (8) page set of plans, page one (1)
entitled, "Quarry Hill Subdivision South Burlington Vermont Overall Site Plan",
prepared by Llewellyn -Howley, Inc., dated 10/27/07, last revised on 2/29/08.
Zoning District & Dimensional Requirements:
Table 1. Dimensional Requirements
R12 Zoning District
Required
Proposed
®Minimum Lot Size
3,500 s . ft. / unit
25.67 acres
®Maximum Density
12 units/acre
2.49 units/acre
® Maximum Building
Coverage
40%
10.1 %
®Maximum Total Coverage
60%
24%
®Minimum Front Setback
30 ft.
30 ft. +/-
® Minimum Side Setback
10 ft.
> loft.
®Minimum Rear Setback
30 ft.
> 30 ft.
! Maximum Building Height
40 ft.
61. ft. 3 inches
® Zoning Compliance
! waiver requested pursuant to Section 3.07(F)(2) of the South Burlington Land
Development Regulations.
PLANNED UNIT DEVELOPMENT STANDARDS
There is only one change proposed to the original final plat approval, which consists of
reducing the width of Quarry Hill Road from 30 feet to 28 feet. The current minimum
width of a street as required by the South Burlington Land Development Regulations is
28 feet.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review standards for all site plan applications:
(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 proposed project accomplishes a desirable transition from structure to site and from
structure to structure. Pedestrian movement is adequate.
Pursuant to Section 13.01(G)(5) of the Land Development Regulations, a bicycle rack is
required to be shown on the plans. The plans indicate the location of a bicycle rack.
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(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
According to Table 13-1 of the South Burlington Land Development Regulations, the
proposed project will require 144 parking spaces (2 parking spaces per dwelling unit plus 1
parking space for every 4 dwelling units). However, according to the notes in Section 13.01
of the South Burlington Land Development Regulations, if all of the parking spaces are
common (i.e. non -reserved) and if there are more than 10 dwelling units, the requirement
decreases to 2 parking spaces per dwelling unit. Thus, the applicant proposed the parking
as common parking, so the requirement decreases to 128 total parking spaces. The
applicant has proposed 48 underground parking spaces and 64 above -ground parking
spaces, for a total of 112 parking spaces on the subject lot. In addition, the applicant has
proposed to use the common parking across the street to provide the additional 16 parking
spaces, for a total of 128 parking spaces.
According to Table 13-7 of the South Burlington Land Development Regulations, the
proposed project will require 5 handicapped accessible parking spaces. Six (6)
handicapped accessible parking spaces are depicted on the plans.
The proposed parking lots conform to the Parking Lot Dimension Requirements, as outlined
in Section 13-8 of the South Burlington Land Development Regulations.
(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
existing or adjoining buildings.
The height and scale of the proposed building are compatible with the site and the existing
buildings in the area. Height waivers of 21 feet for building "S" and 21' 3" for building "N"
were previously granted. No additional waivers are requested.
(d) 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 Land Development Regulations, any new utility lines,
services, and service modifications 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 applicant has submitted architectural details of the proposed structure, as part of this
application.
(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.
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The applicant has submitted architectural details of the proposed structure which are
acceptable to the Board.
HEIGHT WAIVER
The height of the proposed building at 326 Quarry Hill Road is 61' from average pre -
construction grade. The height of the proposed building at 378 Quarry Hill Road is 61'3"
from average pre -construction grade. The maximum height for buildings with peaked roofs
in South Burlington is 40'. Therefore, the applicant must obtain height waivers of 21' and
21'3". Pursuant to Section 3.07(F)(2), for structures proposed to exceed the maximum
height for structures specified in Section 3.07(D) as part of a planned unit development or
master plan, the Development Review Board may waive the requirements of this Section if
it finds that the general objectives of applicable zoning districts are met and the building will
not detract unduly from public scenic views from adjacent properties or public street and
walkways. 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. The applicant submitted building
elevation plans and a cross-section plan.
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.
At this time, it is not necessary to reserve additional lands for drives or parking.
(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 stated that pursuant to Section 15.13(E) of the Land Development
Regulations, any new utility lines, services, and service modifications shall 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 show enclosed dumpster areas on the north and south ends of Larkin Lot #2.
This is acceptable.
(d) Landscaping and Screening Requirements
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#SD-08-57
Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of
the Land Development Regulations. The landscape plan and landscape budget shall be
prepared by a landscape architect or professional landscape designer.
The applicant is proposing $42,500 worth of landscaping. A landscape plan prepared by a
landscape architect was submitted by the applicant. The applicant meets the minimum
requirement for landscaping.
Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage area
must be specified and located in an area that will minimize the potential for run-off. The
plans depict snow storage areas on the site and are placed in acceptable locations.
OTHER
The South Burlington Water Department has reviewed the plans and outlined his
concerns/comments in a memorandum from the Superintendent dated April 30, 2008.
The applicant should adhere to the comments.
The South Burlington Stormwater Superintendent has reviewed the plans and provided
comments to Staff via email on May 1, 2008. The applicant shall comply with the
requests of the Stormwater Superintendent.
dd DECISION
Motion by 6 n '� ���� seconded by to
approve Final Olat Application SD-08-57 of Cupola Golf Course, Inc., and John Larkin,
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 plat submitted by the applicant, and
on file in the South Burlington Department of Planning and Zoning.
3. The applicant shall comply with the requests of the South Burlington Water
Department as outlined in a memorandum from the Superintendent dated April 30, 2008.
The plans shall be revised if needed.
4. The applicant shall comply with the requests of the South Burlington Stormwater
Superintendent as outlined in an e-mail to staff dated May 1, 2008. The plans shall be
revised if needed.
5. The applicant shall comply with the requests of the South Burlington Water
Department as outlined in the letters from Jay Nadeau dated September 8, 2003, and
April 30, 2004, which are supplemented by a memorandum dated May 3, 2004.
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6. The applicant shall comply with the requests of the City Engineer as outlined in his
comments dated April 22, 2004.
7. The applicant shall comply with the requests of the South Burlington Fire Chief, as
outlined in his letters dated February 13, 2004 and April 28, 2004.
8. The applicant shall comply with the requests of the City Arborist as outlined in his
letter dated April 28, 2004.
9. The applicant shall comply with the requests of the Natural Resources Committee,
which includes the following conditions:
1. The applicant shall construct a mitigation wetland around the existing B&C
wetlands and maintain a 50' wide buffer around the constructed wetland;
2. The wetland shall be constructed using the soils from the subject parcel;
3. The wetland shall be constructed in a wetland conservation mix;
4. The applicant shall plant a row of deciduous trees (species to be approved by
the City Arborist) at the bottom of the regraded slope behind the subject building;
5. There shall be no mowing in the wetland or their associated buffers and the
area should remain in a natural state;
6. There shall be no pesticides applied to the wetlands or their associated
buffers.
10. The applicant shall comply with the traffic mitigation measures identified during the
meeting between Staff and the applicant on March 10, 2004, as outlinA,4 :-I the
memorandum from Juli Beth Hoover dated March 10 shall post a
bond sufficient to cover the cost sharc / )eriod of four
(4) years, or until such time a:
The timing of construction sha I r rks, the
applicant, and the University o1 G y
11. The applicants shall obtain j
or this approval is null and void.
(5) years for approval of the sec
as the five (5) years is reached
second building, they shall be el
Development Regulations, for of
place before the approval has e;
that conditions are essentially ur
granting such an extension, the
time of up to one (1) year for the
12. The applicant shall obtain final
Planning and Zoning or designee,
C%)6 P (6) months
riod of five
L7 such time
nit for the
V7/ v )n Land
n takes
�termines
f j� I n
I
id of
approval from the Director of
i �zisuance of a zoning permit.
13. Prior to permit issuance, the applicant shall post a $39,500 landscape 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.
#SD-08-57
14. 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:
a. prohibits clearing or disturbance of land within wetlands or wetland buffers;
b. recreation 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 the City Stormwater Utility accepts
the stormwater infrastructure.
15. The proposed project shall adhere to the standards of 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.
16. Pursuant to Section 15.13(E) of the South Burlington Land Development
Regulations, any new utility lines shall be underground.
17. Pursuant to Section 3.07(F)(2) of the Land Development Regulations, the
Development Review Board grants the applicant a 21' height waiver for the building at
326 Quarry Hill Road , for a total building height of 61' from average pre -construction
grade. In addition, the Development Review Board grants the applicant a 21'3" height
waiver for the building at 378 Quarry Hill Road, for a total building height of 61'3" from
average pre -construction grade.
18. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
19. The final plat plan (sheet 3 — Overall 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.
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Mar;,, Behr - ye nay/abstain/not present
Matt' Bi: n ngh - yea/nay/abstain not resent
John �kla3ie - /nay/abstain/not present
Roger i arle- - e nay/abstain/not resent
E -7 dse - ay/abstain not present
Pt;c ::',.,m" Iu nay/abstain/not present
GaylL Quinn ;y - e nay/abstain/not present
h' wried by a vote of J - o -�
Signed this � day of
John Dinklage, Chair
2008, by
Pleas -,ote You have the right to appeal this decision to the Vermont Environmental
Cup::, ursu .nt to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
deci on is is sued. The fee is $225.00. If you fail to appeal this decision, your right to
cha!lenge this decision at some future time may be lost because you waited too long.
You will be I ,und by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
fin,-;' ').