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HomeMy WebLinkAboutSD-07-10 - Decision - 0000 Quarry Hill Road#SD-07-10 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RALPH DESLAURIERS, JR. - PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT APPLICATION #SD-07-10 FINDINGS OF FACT AND DECISION Ralph Deslauriers, Jr., hereafter referred to as the applicant, is seeking preliminary 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, February 20, 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 preliminary 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 one (1) entitled, "Quarry Hill Subdivision QHC Lot #1 South Burlington Vermont Overall Site Plan", prepared by Llewellyn -Howley, Inc., dated 12/28/06. - 1 - #SD-07-10 Zoning District & Dimensional Requirements R12 Zoning District Required = Proposed �l Min. Lot Size N/A- PUD N/A- PUD �l Max Density 12 units/acre A Max. Building Coverage 40% 5.3%** �l Max. Overall Coverage 60% 24.7%** �l Min. Front Setback 30 ft. 30 ft. �l Min. Side Setback 10 ft. 10 ft. Min. Rear Setback 30 ft. >30 ft. 4 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 the subject lot is now zoned at a higher density- 12 units per acre. The maximum units allowed in the zoning district today would be 308 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 comDly 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 February 16, 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 further subdivision of this property will not affect the required sewer capacity; however, the applicant should still request allocation approval. -2- #SD-07-10 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 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. The applicant has not yet submitted such a plan. This shall be submitted as part of the final plat application. The plans shall then be reviewed by the City's Stormwater Superintendent. 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 single family 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. This condition shall remain in effect. ITE estimates that the 40 unit congregate housing facility will generate 6.8 p.m. peak hour vehicle trip ends. 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. -3- #SD-07-10 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. 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 NO 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 un-buildable 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 is reviewing the plans and should have comments prior to the hearing. If they are not available then, they shall be available prior to the hearing for final plat. 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 February 8, 2007. The City Engineer shall continue to review the plans and provide comments. 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. 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. #SD-07-10 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. 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 are acceptable. 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 South Burlington Land Development Regulations 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 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. -5- #SD-07-10 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 55". 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 has stated that they will have a cross-section available at the meeting. The buildings across Quarry Hill Road have an approved height waiver of 16'2" 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. 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. Mve #SD-07-10 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. 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. Due to numerous factors, including the recent weather, the City Arborist has not yet reviewed the landscaping plans. He shall review the landscaping plan prior to final plat approval. Pursuant to Section 13.06(B)(4) of the South Burlington Land Development Regulations, the plans should show the location of snow storage areas. 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 interior of the parking lots do contain some large islands. However, it is not clear based on the plans if this requirement is being met. The applicant shall calculate the amount of landscaping in the interior of the parking lot and meet this requirement. Some of the planted islands proposed by the applicant are not what staff considers the interior of the parking lot. OTHER At previous hearings related to this subdivision, the Board and neighboring property owners discussed how congregate care was treated in the South Burlington Land Development -7- #SD-07-10 Regulations. The Board instructed those concerned to speak with the Planning Commission. A memorandum dated December 19, 2006 documents the Planning Commission's position on congregate housing. In summary, there are no plans to change the City's position and treatment of congregate housing. nFCISION Motion by GA Gr O(110161 , seconded by GC/ Fx� e , to approve Preliminary Plat Application' #SD-07-10 of Ralph DesLauriers, Jr., su ject 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) The plans shall be revised prior to final plat submittal to show the changes below: a) The plans should be revised to reflect the comments of the South Burlington Water Department as outlined in a letter from Jay Nadeau dated February 16, 2007. b) The plans shall be revised to comply with the requests of the City Engineer as outlined in a memorandum dated February 8, 2007. c) The plans shall be revised to depict all proposed exterior lighting. d) The plans shall be revised to reflect adequate snow storage areas. e) The plans shall be revised to adequately depict 10% of the interior of the parking lot with landscaped islands. f) The applicant shall submit addresses based on E-911 addressing standards and revise the plans accordingly. g) The plans shall be revised to include a pedestrian access plan for residents of the 3 buildings to access the future club house. 4) The applicant shall comply with the requests of the South Burlington Water Department as outlined in a letter from Jay Nadeau dated February 16, 2007. 5) The applicant shall comply with the requests of the City Engineer as outlined in a memorandum dated February 8, 2007. 6) The applicant should obtain preliminary wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hinds, prior to submittal of the final plat application. #SD-07-10 7) The applicant shall submit an erosion control plan as part of the final plat application. 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. The plans shall be reviewed by the City's Stormwater Services Superintendent. 8). The Board approves the following height waivers: Building "A" 45' 5" for a height waiver of 5' 5" Building "B" 60' 6" for a height waiver of 20' 6" Building "C" 55' 0" for a height waiver of 15' 0" 9) A point -by -point plan showing all lighting emissions, and lighting cut sheets, shall be submitted with the final plat application. 10) 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 properties. 11) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 12) The plans should be reviewed by the South Burlington Fire Department, who shall provide comments, prior to approval of the final plat application. 13) The City Arborist should review and provide comments on the landscape plans, prior to final approval. 14) Prior to permit issuance, the applicant shall submit a $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. 15) For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the congregate care facility will generate 6.8 vtes during the P.M. peak hour. 16) The Development Review Board grants a period of five (5) years for approval of all phases of the proposed development on QHC Lot #1. At such time as the five years is reached and the applicant has not sought a zoning permit for phases 2 and 3, they shall be eligible, per Section 17.04 of the South Burlington Land Development Regulations, for one (1) extension to an approval if reapplication 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. 17) The applicant shall submit with the final plat submittal a phasing plan for development of QHC Lot #1 in a graphic nature. This phasing plan shall include approximate timing for construction of each building, the number of parking spaces available during each phase, and when the Quarry Hill Club will cease to operate as a M #SD-07-10 recreational facility. 18) The final plat application shall be submitted within twelve (12) months of the date of this decision. Mark Behr —nay/abstain/not present Matthew Birmingham — yea/nayLhot n of present John Dinklage — ea/nay/abstairesen Roger Farley — e ay/abstain/not present Eric Knudsen — e ay/abstain/not present Peter Plumeau — e nay/abstain/not present Gayle Quimby — e /nay/abstain/not present Motion carried by a vote of Signed this d y of 1" V&1 -11 ANY 2007, by Mark Behr, Vice Chairman 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). -10-