HomeMy WebLinkAboutSD-07-18 - Decision - 0000 Quarry Hill Road#SD-07-18
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
QUARRY HILL — PLANNED UNIT DEVELOPMENT
FINAL PLAT APPLICATION #SD-07-18
FINDINGS OF FACT AND DECISION
Cupola Golf Course Inc., hereafter referred to as the applicant, is seeking final plat
approval to amend a previously approved planned unit development consisting of three
(3) 32 unit multi -family dwellings. The amendment consists of developing QHC lot #1
(4.53 acres) with: 1) two (2) 32 unit multi -family dwellings, 2) a 40 unit congregate care
housing facility, and 3) the existing indoor and outdoor recreational facility to be
converted to a community building for the complex residents in the future, Quarry Hill
Road. The Development Review Board held a public hearing on Tuesday, April 17, 2007
and Tuesday, May 1, 2007. 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 applicant is seeking final plat approval to amend a previously approved
planned unit development consisting of three (3) 32 unit multi -family dwellings.
The amendment consists of developing QHC lot #1 (4.53 acres) with: 1) two (2)
32 unit multi -family dwellings, 2) a 40 unit congregate care housing facility, and
3) the existing indoor and outdoor recreational facility to be converted to a
community building for the complex residents in the future, Quarry Hill Road.
2. The owner of record of the subject property is Cupola Golf Course, Inc.
3. The subject property is located in the Residential 12 (R12) Zoning District.
4. The plans submitted consist of an 18 page set of plans, page two (2) entitled,
"Quarry Hill Subdivision QHC Lot #1 South Burlington Vermont Overall Site
Plan", prepared by Llewellyn -Howley, Inc., dated 12/28/06, last revised on
3/23/07.
- 1 -
#SD-07-18
Zoning District & Dimensional Requirements
R12 Zoning District
I Required
Proposed
Min. Lot Size
N/A- PUD
N/A- PUD
Max Density
12 units/acre
4
Max. Building Coverage
40%
5.3%**
�l Max. Overall Coverage
60%
30.1 %**
�l Min. Front Setback
30 ft.
30 ft.
Min. Side Setback
10 ft.
10 ft.
Min. Rear Setback
30 ft.
>30 ft.
+ At the original review of the subdivision of land, the PUD was limited to 281 units
(excluding congregate care units) based on the traffic study submitted and the zoning in
place at the time. The zoning has since changed and most of the subject lot is now
zoned at a higher density- 12 units per acre (5.3 acres are in the R7 zone, 19.1 are in
the R12 zone, and 1.3 acres are located in the C1/R12 zone). The maximum units
allowed in the zoning district today would be 281 units. This application proposes to
bring the total number of units, excluding congregate care units because they are not
counted towards density) to 160 units. This is in compliance with the original approval as
well as the current zoning.
*** Coverages are for the entire 25.67 acre PUD.
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 South Burlington Water Department has reviewed the plans and provided comments,
dated March 28, 2007.
According to Section 15.13 of the South Burlington Land Development Regulations, the
subdivider or developer shall connect to the public sewer system or provide a community
wastewater system approved by the City and the State in any subdivision where off -lot
wastewater is proposed.
During the original subdivision review property, the applicant submitted a sewer capacity
study, at the request of the City Engineer, for the applicable sewer pipes. This study was
performed by Heindel and Noyes and suggests that the sewer pipes that the proposed
subdivision will connect to have sufficient capacity to serve the subject property. The entire
-2-
#SD-07-18
subdivision has preliminary wastewater approval. Final allocation approval will be
necessary before zoning permits will be granted.
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 applicant has submitted a sufficient plan. Erosion control measures will be limited on
the site as it is surrounded on three sides by steep cliffs. The applicant has submitted a
sufficient plan for a stabilized construction entrance on the eastern side.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to the subdivision is proposed via Quarry Hill Road, which is currently privately
owned and maintained. Quarry Hill Road is approved as a future city street and will
extend from Spear Street to East Terrace, with the latter portion limited to emergency
access only and regulated through signage.
Access to the three proposed buildings is via a 25 foot wide access drive from Quarry
Hill Road. This drive will also access the existing clubhouse. This is sufficient.
Pursuant to Section 26.202(b) of the zoning regulations, the DRB shall require a public
street if the number of units exceeds three. The original subdivision for the property already
states that Quarry Hill Road shall be upgraded to public roadway standards prior to
issuance of a zoning permit for any of the buildings. Appropriate legal documents have
already been submitted.
The applicant submitted a traffic impact study performed by Wilbur Smith Associates in
October, 2003 with the original subdivision, of which the subject property was part of.
This traffic study analyzes the traffic impacts of 281 units, which is the maximum number
of units allowed under the density requirement of the Land Development Regulations for
the entire property. Fuss & O'Neill Inc. was contracted to perform technical review of the
traffic impact study for the City.
The traffic mitigation measures for the entire property were established during previous
approvals (condition #9, application #SD-04-26). This condition shall remain in effect.
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.
While there are some Class III wetlands on other portions of the PUD, there are no
wetlands, streams, or unique wildlife habitat on the subject lot.
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.
-3-
#SD-07-18
According to Section 4.05 of the Land Development Regulations, the purpose of the R12
District is to encourage high -density residential use and planned unit developments shall be
required.
The proposed subdivision conforms to the planned development patterns in the area and
the stated purpose of the R12 District.
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 the subject property falls within the IHO District, a 150' wide open space corridor will be
maintained along the Interstate. Also, existing wetlands and their associated buffers on
other areas of the PUD will create additional open space areas. Portions of the PUD to the
south and west of the subject lot are largely unbuildable due to slope, soils, and other
constraints and will remain open.
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 Fire Chief has reviewed the plans and provided comments in a letter dated April 16,
2007. The Board discussed item number 8 regarding the location of trees and asked the
applicant to work with the Fire Department and the City Arborist to address this issue. The
applicant has since done so, in coordination with Staff, and a plan has been submitted
which has been deemed satisfactory by the Fire Chief and the City Arborist.
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.
The City Engineer reviewed the plans for the proposed project and provided comments in a
memorandum dated April 5, 2007.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines shall be underground.
A lighting point by point plan for the proposed project shall be submitted for this proposal,
and shall meet the requirements in Appendices A.9 and A.10 of the Land Development
Regulations. In addition, the applicant should submit exterior lighting details (cut -sheets) for
the proposed lighting on the subject parcel. The proposed lighting fixtures shall be in
compliance with Appendix D of the Land Development Regulations.
The applicant has submitted a sufficient lighting plan and lighting cut sheets for the pole
mounted lights. However, no cut sheets have been submitted for the building -mounted
lights. These shall be downcast and shielded and otherwise in accordance with all aspects
of Appendix D of the Land Development Regulations
IMI
#SD-07-18
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed project is consistent with the South Burlington Comprehensive Plan.
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.
Pursuant to Table 13-2 in the South Burlington Land Development Regulations, the 64
units of multi -family residential units shall require 128 parking spaces (if none are
reserved); the 40 units of congregate care shall require 58 parking spaces. Therefore,
the subject lot will require 186 parking spaces. The applicant is proposing 202 parking
spaces. Seven of those are conditioned for use for QHC lot #2 across the street;
therefore 195 parking spaces are provided for the requirement of 186. No parking waiver
is requested or needed.
The proposed project will require six (6) handicapped -accessible parking spaces according
to Table 13-7 of the South Burlington Land Development Regulations. A total of seven (7)
are shown on the plans.
The dimensions of the parking spaces and aisles for the surface parking are acceptable.
Two (2) spaces in the underground parking garages for each building do not meet the 22
foot wide parking aisle requirement. These six (6) spaces shall be eliminated or made to
comply. The loss of these six spaces will result in the project still meeting the parking
requirement with three more spaces than needed in accordance with the South Burlington
Land Development Regulations.
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 for each
building.
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.
The Board expressed concerns at the preliminary plat review regarding the pedestrian
maneuverability throughout the site. The applicant has largely addressed this issue by
-5-
#SD-07-18
providing sidewalks from parking areas to buildings, and from building to building. However,
the Board notes one remaining area which should be considered. There should be a
pedestrian path between the building labeled "CC" and the clubhouse. This path may be
packed dirt, gravel, or pavement, but should be a minimum of five feet in width and provide
a complete connection between the congregate care building and the clubhouse.
Pedestrians should not be forced into the parking lot to make this connection.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
All of the parking is located to the rear of sides of the buildings as they relate to the road
and so the proposal is in compliance with this criterion.
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 proposed height of building "A" is 45"5" for a height waiver of 5'5".
The proposed height of building "B" is 60''6" for a height waiver of 20'6".
The proposed height of building "CC" is 55"0" for a height waiver of 150".
The maximum height for buildings with peaked roofs in South Burlington is 40'. 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 DRB
may waive the requirements of this section as long as the general objectives of applicable
zoning district are met.
Section 3.07(F) of the South Burlington Land Development Regulations 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. The applicant should
submit renditions which depict the building against the horizon, as seen from the public
rights -of -way of Spear Street and East Terrace. The applicant had a cross-section available
at the meeting.
The buildings across Quarry Hill Road have an approved height waiver of 162".
The Board discussed this request at preliminary plat review and voted to approve the
height waivers.
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 elevation plans that demonstrate compliance with Section
3.07(F)(2) of the Land Development Regulations.
M Me
#SD-07-18
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
are in compliance with this criterion.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlinaton Land Development Reaulation&
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 land for drives or parking.
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 the dumpster
Landscaping and Screening Requirements
The applicant has submitted a landscaping plan and landscaping budget. Based on
projected building costs of $4,725,000.00, the landscaping budget shall meet a minimum of
$54,750. The applicant is proposing a landscaping budget of $87,169.
The City Arborist has reviewed the landscaping plans and provided comments in memos
dated April 5, 2007 and April 30, 2007.
Pursuant to Section 13.06(B)(4) of the South Burlington Land Development Regulations,
-7-
#SD-07-18
the plans should show the location of snow storage areas. There are multiple locations
on site that appear to be acceptable for such storage and the Board is comfortable
leaving this as a condition of approval that will need to be addressed prior to recording
the final plat plan.
As the parking lots contain more than 28 spaces, and pursuant to Section 13.06(B) of
the South Burlington Land Development Regulations, at least 10% of the interior of the
parking lot shall be landscaped islands planted with trees, shrubs, or other plants. The
applicant has submitted information pertaining to the amount of landscaping in the
interior of the parking lot and staff finds that this criterion is being met.
Other
There is a note on the site plan referring to unknown building heights. This should either be
removed or replaced with the actual waivers being requested.
DECISION
Motion by seconded by
to approve Final Pat Application #SD 7-18 of Cupola Golf Course, Inc., subject to thle
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) The 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 recording.
a) The plans shall be revised to comply with the requests of the South Burlington
Fire Department as outlined in a letter dated April 16, 2007.
b) The plans shall be revised to comply with the requests of the City Engineer per the
memo dated April 5, 2007.
c) The plans shall be revised to adhere to the comments of the City Arborist per the
memos dated April 5, 2007 and April 30, 2007.
d) The plans shall be revised to reflect adequate snow storage areas.
e) The plans shall be revised to include a pedestrian walkway, at least five (5) feet in
width, extending from the building labeled "CC" to the clubhouse.
#SD-07-18
f) The note on the site plan pertaining to building heights shall be revised to
accurately reflect the height waivers requested and approved at the preliminary plat
hearing.
g) The plans shall be revised to eliminate the two (2) spaces in the underground
parking which do not meet the 22 foot parking aisle requirement.
h) The plans shall be revised to comply with the requests of the Department of Public
Works as outlined in a memorandum dated 2/13/07.
4) The applicant shall adhere to the specifications of the South Burlington Water
Department per the letter dated March 28, 2007.
5) The applicant shall adhere to the comments of the South Burlington Fire Department as
outlined in a letter dated April 16, 2007,
6) The applicant shall adhere to the requests of the City Engineer as outlined in a
memorandum dated April 5, 2007.
7) The applicant shall adhere to the requests of the City Arborist, as outlined in
amemorandums dated April 5, 2007 and April 30, 2007.
8) The applicant shall adhere to the requests of the Department of Public Works as
outlined in a memorandum dated 2/13/07
9) 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.
10) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
11) The applicant shall submit lighting cut sheets for building mounted lights prior to permit
issuance. These shall be downcasting and shielded and otherwise in compliance with
Appendix D of the Land Development Regulations.
12) The applicant shall post an $54,750 landscaping 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.
13) 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.
14) The storage of recreational vehicles on the property is prohibited.
15) The Board grants the following height waivers:
a) The proposed height of building "A" is 45"5" for a height waiver of 5'5".
#SD-07-18
b) The proposed height of building "B" is 60"6" for a height waiver of 20'6".
c) The proposed height of building "CC" is 55"0" for a height waiver of 150".
16) The applicant shall submit addresses for the buildings based on E-911 addressing
standards in consultation with the City's E-911 coordinator prior to permit issuance.
17) The mylar shall be recorded in the land records prior to permit issuance.
18) 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 phases 2 and 3 of the proposed development. At such time as the five
years is reached and the applicant has not sought a zoning permit for either phase 2
or 3, 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.
19) For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the congregate care
housing facility will generate 6.8 additional vehicle trip ends during the P.M. peak
hour.
20) Any change the final plat plan shall require approval of the South Burlington
Development Review Board.
21) The final plat plan (sheet D2) 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 Director of Planning and Zoning.
Mark Behr — yea/nay/abstaing Cot
Matthew Birmingham —(relay/abstain/not present
John Dinklage — e ay/abstain/not present
Roger Farley — ea ay/abstain/not present
Eric Knudsen — e ay/abstain/not present
Peter Plumeau — yra�/�nay/abstain o presen
Gayle Quimby—(y`e:4 ay/abstain/not present
Motion carried by a vote of -5--- D - O
Signed this day of 2007, by
-'" John Dinklage, Chair
-10-
#SD-07-18
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 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).
- 11 -