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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. - 1 - #SD-08-57 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. -2- #SD-08-57 (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. 02 #SD-08-57 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 M #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. -5- #SD-08-57 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. 7- #S' 7 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,-;' ').