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HomeMy WebLinkAboutSD-04-40 - Decision - 0000 Quarry Hill RoadCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING RALPH DESLAURIERS, JR.- PLANNED UNIT DEVELOPMENT FINAL PLAT APPLICATION #SD-04-40 FINDINGS of FACT AND DECISION Ralph Deslauriers, Jr., hereafter referred to as the applicant, is requesting final plat plan approval for a planned unit development consisting of constructing one (1) 32-unit multi- family dwelling on a 15.67 acre lot, Quarry Hill Road. The entire PUD contains 25.67 acres and is located in the Residential 12 (R12), Residential 7 (R7), and Interstate Highway Overlay Districts. The South Burlington Development Review Board held a public hearing on July 6, 2004. Greg Rabideau 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. The applicant is requesting final plat plan approval for a planned unit development consisting of constructing one (1) 32-unit multi -family dwelling on a 15.67 acre lot, Quarry Hill Road. 2. The owner of record is Cupola Golf Course, Inc. 3. The subject property contains 25.67 acres and is located in the R12 Zoning District 4. The plans consist of: a 22 page set of plans, page two (2) entitled, "Quarry Hill Subdivision South Burlington Vermont QHC Lot #2 Overall Site Plan", prepared by Llewellyn -Howley, Inc., dated 6/23/03, last revised on 6/22/04. 5. The South Burlington Development Review Board granted preliminary plat approval for the project on February 20, 2004. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements R12 Zoning District Required Proposed Min. Lot Size 3,500 SF 25.67 acres A Max. Density 12 units/acre 3.74 units/acre Max. Building Coverage 40% 2.63% Max. Total Coverage 60% 23.67% Min. Front Setback 30 ft. ±30 ft. Min. Side Setback 10 ft. >10 ft. Min. Rear Setback 30 ft. >30 ft. 4 Max. Building Height 40 ft. 56 ft. 2 in. J zoning compliance 4 waiver required pursuant to Section 3.07(F)(2) of the Land Development Regulations The coverage calculations listed in Table 1 are based on the entire 25.67 acre PUD, including existing and previously approved development. 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. In a letter from the South Burlington Water Department dated June 9, 2004, Jay Nadeau stated that the City does not have sufficient water storage for any new project requiring more than 1,000 GPD in this service area. 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. The applicant has submitted a sewer pipe capacity study performed by Heindel and Noyes on October 30, 2003. The study suggests that the sewer pipe connecting the proposed Quarry Hill subdivision to the Dorset Street sewer pipes has sufficient capacity to handle the wastewater from this project. The City Engineer has reviewed and approved the study. 2 Juli Beth Hoover, Director of Planning and Zoning, granted the applicant preliminary wastewater allocation for the proposed project on March 28, 2004. 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 submitted an adequate grading and erosion control plan. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the lot is proposed by a proposed public street built to City standards extending from Spear Street to East Terrace. Traffic impacts from the proposed 32 residential units have been incorporated into the traffic impact study performed by Wilbur Smith Associates in October, 2003 for the entire 281 units that the Quarry Hill Subdivision could support at maximum capacity. Fuss & O'Neill Inc. was contracted to perform technical review of the traffic impact study for the City. The traffic study and the associated recommendations were approved at the Development Review Board meeting on November 18, 2003. Staff and the applicant met on March 10, 2004 to discuss traffic mitigation measures for the entire Quarry Hill PUD. The traffic mitigation measures identified during the meeting are outlined in a memorandum from Juli Beth Hoover dated March 10, 2004. Staff and the applicant agreed to the .points listed in this memorandum. Point #1 has not been completed to the satisfaction of staff. The plans will need to be revised prior to recording to comply with this condition. Point #2 must be complied with prior to recording of the final plat plans. Point #3 relates to points #4 and #5. Point #4 details cost sharing. Point #5 must be complied with prior to issuance of the first zoning permit. Point #6 indicates current practice. 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. The applicant has submitted a map delineating the wetlands on the subject property prepared by Cathy O'Brien. The applicant went in front of the Natural Resources Committee on February 5, 2004 for review. Cathy O'Brien submitted a report addressing Sections 12.02(2) and 12.02(3) of the Land Development Regulations to the Natural Resources Committee at this meeting. The Natural Resources Committee recommended approval of the project subject to the following conditions: 1. The proposed building should be moved completely out of the delineated 50' wetland buffer; 2. The proposed surface parking lot should be redesigned to move as many of the parking spaces out of the delineated 50' wetland buffer as the Development Review Board will allow. 3. The applicant should plant a row of deciduous trees (species to be approve by the City Arborist) at the bottom of the regraded slope behind the subject building; 3 4. There should be no mowing in the wetlands or their associated buffers and the area should remain in a natural state, 5. There should be no pesticides applied to the wetlands or their associated buffers. 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 South Burlington Land Development Regulations, the purpose of the R12 District is to encourage high -density residential use and planned unit developments shall be required. This project 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. This criterion is met through the proposed PUD. The proposed building is located as close to the road as the setback requirements allow, leaving as much space in the rear of the building as possible. In addition, the proposed project is located outside of the 150' Interstate Highway Overlay District, which forms an open buffer along 1-89. 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 South Burlington Fire Chief, Douglas Brent, reviewed the final plans for the proposed project and provided comments in a letter dated July 1, 2004. 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 proposed public road will serve all lots in the subdivision. A sidewalk is proposed on easterly side of the roadway. The property contains one (1) proposed 20' wide utility easement corridor: running to the north of the proposed building. In addition, a 20' wide recreation path easement has been established along the southerly and easterly property boundary, connecting the Horizon Heights condominiums to the subject property. The City Engineer reviewed the plan and did not raise any issues with the proposed stormwater facilities and their compatibility with adjacent properties. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. The City Engineer reviewed the plans and provided comments in a letter dated June 10, n 2004. The applicant submitted exterior lighting details (cut -sheets), which are in compliance with Appendix D of the Land Development Regulations. 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 Land Development Regulations. 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. The proposed project accomplishes a desirable transition from structure to site and from structure to structure. The site provides for adequate planting and safe pedestrian movement. According to Table 13-1 of the South Burlington Land Development Regulations, the proposed project will require 72 parking spaces (2 parking spaces per dwelling unit plus 1 parking space for every 4 dwelling units). A total of 72 parking spaces are proposed for the subject building: 24 underground parking spaces, 34 aboveground parking spaces, and 14 overflow parking spaces on the adjacent lot (Quarry Hill Club). According to Table 13-7 of the South Burlington Land Development Regulations, the proposed project will require three (3) handicapped -accessible parking spaces. These three (3) 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. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The proposed project contains three (3) parking areas. One is located on the southerly side of the proposed building, one (1) is located on the northerly side of the proposed building, and one (1) is located under the proposed building, resulting in 24 parking spaces under the building and 34 surface parking spaces. In addition, there is a parking lot across the street that serves the Quarry Hill Club, which has 14 parking spaces designated for the subject building. 5 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 must obtain waiver of 16'2". 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. Staff supports this height waiver. 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. This criterion is being met. 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. This criterion is being met. 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. 9 The layout of the proposed project would create a total of five (5) curb -cuts between Quarry Hill Club Lot #2, Quarry Hill Club Lot #3, and Larkin Lot #1. The applicant has redesigned the parking layout, since the preliminary plat hearing, to create a shared access between the surface parking lot of the proposed project and the surface parking lot to south of the building on Larkin Lot #1. 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. 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). The plans depict an adequately screened dumpster in the northeasterly corner of the proposed parking area to the north of the proposed building. Landscaping and Screening Requirements Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. 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 Development Regulations, the minimum landscaping requirement is $26,700. The applicant has submitted a landscape plan and budget prepared by Green Mountain Earth Care; which are in compliance with Section 13.06 of the Land Development Regulations. The landscape budget indicates that only $23,479 worth of new landscaping will be planted on the site. There is a variety of existing landscaping along the southerly boundary of the site, which the applicant is seeking to obtain a credit of $3,221 for. This credit is supported which would bring the applicant's total landscape budget to $26,700. Pursuant to Section 13.06(B) of the Land Development Regulations, in all off-street parking area with twenty (20) of more parking spaces, at least ten percent (10%) of the interior of the parking area shall be landscaped with trees, shrubs, and other plants. At least one (1) major deciduous shade tree, whose caliper is equal to or greater than two and one-half (2.5) inches when measures six (6) inches above ground at the time of planting, shall be provided within each parking area for every three thousand (3,000) square feet of paved area or every ten (10) parking spaces, whichever is greater. The parking area to the north of the proposed building must meet this requirement, as it contains twenty-six (26) parking spaces. The landscape plans prepared by Green Mountain Earth Care depict adequate plantings in this parking area. 7 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 adequate snow storage areas for the northerly parking area, but not for the southerly parking area. Pursuant to Section 13.06(C)(1) of the South Burlington Land Development Regulations, any dumpsters and utility cabinets on the site should be effectively screened to the approval of the Development Review Board. The plans depict and adequately screened dumpster to the north of the proposed building. The City Arborist reviewed the final plat plans and provided comments in a letter dated June 30, 2004. Access Access to the proposed building is proposed via two (2) 30' wide curb -cuts along the proposed public road. One (1) curb -cut serves the eight (8) parking spaces to the south of the proposed building. The other curb -cut is shared access with the building to the north and serves the twenty-six (26) surface parking spaces to the north of the proposed building and the twenty-four (24) underground parking spaces. Staff has some concerns regarding the 30' wide curb -cut serving only eight (8) parking spaces, but this seems to be the be the only practical option for serving a parking area to the south of the proposed building. Interstate Highway Overlay District (IHO) All of the proposed development on the subject property is located outside of the 150' wide buffer created by the Interstate Highway Overlay District. DECISION Motion by Mark Boucher, seconded by Roger Farley, to approve Final Plat Application #SD-04-40 of Ralph Deslauriers, Jr., subject 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 plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning & Zoning. 3. The plat plans shall be revised to show the following changes and shall require approval from the Administrative Officer. Four (4) copies of the approved revised plat 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 Water Department, as outlined in the letter from Jay Nadeau, dated June 9, 2004. b) 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. c) The plans shall be revised to incorporate the requests of the City Engineer, as outlined in his letter dated June 10, 2004. d) The landscaping plans shall be revised to comply with the requests of the City Arborist, as outlined in his letter dated June 30, 2004. e) The plans shall be revised to depict an adequate snow storage area for the southerly parking area. f) The plans shall be revised to show the eight (8) space parking area to the south of the building as approved but not required to be constructed unless determined to be needed by the applicant. 4. 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 recording of the final plat plans. 5. 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. 6. The applicant shall comply with the requests of the City Engineer, as outlined in his letter dated June 10, 2004, prior to recording of the final plat plans.. 7. Occupancy of this project shall not take place until additional water storage is built in the City that would supply this high-pressure zone. 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 comply with the traffic mitigation measures identified during the meeting between staff and the applicant on March 10, 2004, as outlined in the memorandum from Juli Beth Hoover dated March 10, 2004. The applicant shall post a bond, prior to issuance of a zoning permit, sufficient to cover the cost share of the required improvements for a period of four (4) years, or until such time as the improvements are constructed. The timing of construction shall be determined by the Director of Public Works, the applicant, and the University of Vermont. 10. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 9 11. 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. 12. 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 that: a) prohibits clearing or disturbance of land within wetlands or wetland buffers-, b) recreational vehicle parking will be prohibited on the property-, AND 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. 13. 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. 14. All parking spaces within the PUD shall be in common. 15. Any change to the final plat plans shall require approval of the South Burlington Development Review Board. 16. The final plat plans (sheets C1 and C2) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Board Chair or Clerk prior to recording. Chuck Bolton - yea/nay/abstain/not present Mark Boucher - yea/nay/abstain/not present John Dinklage - yea/nay/abstain/not present Roger Farley - yea/nay/abstain/not present Michele Kupersmith - yea/nay/abstain/not present Larry Kupferman - yea/nay/abstain/not present Gayle Quimby - yea/nay/abstain/not present Motion Carried by a vote of 6-0-0 Signed this day of July , 2004 John Dinklage, Chair 10 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