HomeMy WebLinkAboutSD-04-26 - Decision - 0000 Quarry Hill RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
LARKIN LOT #2— PLANNED UNIT DEVELOPMENT
FINAL PLAT APPLICATION #SD-04-26
FINDINGS of FACT AND DECISION
John Larkin, hereafter referred to as the applicant, is requesting final plat plan approval for
a planned unit development consisting of constructing two (2) 32-unit multi -family
dwellings on a 3.62 acre lot, Quarry Hill Road. The entire planned unit development
contains 25.67 acres and is located in the Residential 12 (R12), Residential 7 (R7), and
Interstate Highway Overlay (IHO) Districts. The South Burlington Development Review
Board held a public hearing on May 4, 2004. Lance Llewellyn and 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 two (2) 32-unit multi -family dwellings, Quarry Hill Road.
2. The owner of record is John Larkin.
3. The subject property contains 3.62 acres and is located in the R12 and IHO Districts.
4. The plans consist of eight (8) sheets: two (2) entitled "Quarry Hill Subdivision — Larkin
Parcel #2 — South Burlington, Vermont", prepared by Llewellyn and Howley, Inc. on June
23, 2003, last revised March 11, 2004; one (1) sheet entitled "Landscaping Plan — Larkin
Ph. 1 — Quarry Hill Community — South Burlington, Vermont", prepared by Green
Mountain Earth Care on August 11, 2003, last revised April 8, 2004; and three (3) sheets
entitled "Quarry Hill Community — South Burlington, Vermont", prepared by Rabideau
Architects, Inc on April 12, 2004.
5. The South Burlington Development Review Board granted preliminary plat approval for
the project on November 18, 2003.
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
R12 Zoning District
Required
Proposed
A Min. Lot Size
3,500 SF/unit
25.67 acres
4 Max. Density
12 units/acre
2.49 units/acre
A Max. Building Coverage
40%
10.1 %
Max. Total Coverage
60%
23.1 %
Min. Front Setback
30 ft.
±30 ft.
Min. Side Setback
10 ft.
>10 ft.
A Min. Rear Setback
30 ft.
>30 ft.
4 Max. Building Height
40 ft. 1
61 ft. 3 in.
zoning compliance
A waiver requested pursuant to Section 3.07(F)(2) of the South
Burlington Land Development Regulations
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 September 8, 2003, 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. In addition, Jay Nadeau reviewed the
final plans and provided comments in a letter dated April 30, 2004, and in a supplemental
memorandum dated May 3, 2004.
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
dated October 30, 2003. The study suggests that the sewer pipe connecting the proposed
Quart' Hill subdivision to the Dorset Street sewer pipes has sufficient capacity to handle the
wastewater from this project. The City Engineer reviewed and approved the study.
PA
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 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 extending from Spear Street to
East Terrace. The street will be 30' wide and the right-of-way will be 60' wide, which is in
compliance with Section 15.12(E) of the Land Development Regulations. The road will be
closed off at the intersection with East Terrace and will be restricted to emergency access
at this time. This emergency access point will be 12' wide.
Traffic impacts from the proposed 64 residential units were incorporated into the traffic
impact study performed by Wilbur Smith Associates in October, 2003 for the entire 281
units. Fuss & O'Neill Inc. was contracted by the City to perform a technical review of the
traffic impact study. One of the conditions of preliminary plat approval was that the Wilbur
Smith Associates traffic study be revised to incorporate the recommendations outlined in
John Dietrich's letter on November 14, 2003. A revised traffic study, dated April 2004, was
submitted. John Dietrich has reviewed the revised traffic impact study and provided
comments in a memorandum dated May 3, 2004.
Another preliminary plat condition required the applicant to meet with staff regarding traffic
mitigation measures. This meeting took place on March 10, 2004 and the results of this
meeting are outlined in a memorandum from Juli Beth Hoover dated March 10, 2004.
This memorandum is incorporated by reference. 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 subject property does contain Class III wetlands. The proposed building on the
southerly side of the subject lot will encroach into 20,179 square feet of wetland buffer and
2,193 square feet of Class III wetland. The Natural Resources Committee reviewed the
proposed project on February 5, 2004. The Natural Resources Committee recommended
approval of the proposed project, with the following conditions:
1. The applicant should construct a mitigation wetland around the existing B & C wetlands
and maintain a 50' wide buffer around the constructed wetland;
2. The wetland should be constructed using the soils from the subject parcel;
3. The wetland should be constructed with a wetland conservation mix;
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4. 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;
5. There should be no mowing in the wetlands or their associated buffers and the area
should remain in a natural state;
6. There should be no pesticides applied to the wetlands or their associated buffers.
The landscape plans that the applicant submitted, last revised on April 8, 2004, do not satisfy
recommendation #4 of the Natural Resources Committee.
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 buildings are located as
close to the road as the setback requirements allow, leaving as much space in the rear of the
buildings as possible.
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 reviewed the preliminary plans and provided comments in a
letter dated February 13, 2004. He then reviewed the final plans and provided comments in
a letter dated April 28, 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 along
the easterly side of the proposed roadway. The property contains two (2) proposed 20' utility
easements corridors: one (1) running along the northerly property line and one (1) running
behind the proposed buildings parallel to the easterly property line. The property also
contains one (1) existing 30' utility easement corridor running along the southerly property
line.
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.
M
The applicant submitted exterior lighting details (cut -sheets) that 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 Comprehensive Plan and 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. Also, 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 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 decreased to 128 total parking spaces. The applicant
has proposed 50 underground parking spaces and 63 above -ground parking spaces, for a
total of 113 parking spaces on the subject lot. In addition, the applicant has proposed to use
the common parking across the street to provide the additional 15 parking spaces, making 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.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The proposed project contains five (5) parking lots on the subject lot. Three (3) are located
on the sides of the buildings and two (2) are located under the buildings, resulting in 50
parking spaces under the building and 63 surface parking spaces. The location of these
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parking lots is appropriate. In addition, the location of the parking lot across the street that
will provide the additional parking for the project is appropriate.
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 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 district 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.
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.
This lot does not create any opportunities to create access to abutting properties that will
reduce curb cuts, improve general access, or improve circulation.
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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 show a dumpster on the subject lot, adequately screened.
Landscaping and Screening Requirements
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.
According to the applicant, the proposed project will cost approximately $3,200,000. Based
on this number, and in accordance with Table 13-9 of the South Burlington Land
Development Regulations, the minimum landscaping requirement is $39,500. The applicant
has stated that $40,400 worth of landscaping will be planted on the site. A landscape plan
prepared by a landscape architect was submitted by the applicant, which includes a planting
schedule and landscape budget.
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.
Access
Access to the two (2) buildings is proposed via three (3) 24' wide, two-way curb -cuts along
the proposed public road. During the preliminary approval, the Development Review Board
required the applicant to revise the plans to depict a shared access with the lot the north.
Previous plans for this planned unit development have shown a shared access between
these two lots, however, the plans for the subject portion of the project do not depict this
shared access.
Interstate Highway Overlay District (IHO)
The proposed project is completely outside of the IHO District.
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DECISION
Motion by Mark Boucher, seconded by Gayle Quimby, to approve Final Plat Application
#SD-04-26, 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 letters from Jay Nadeau, dated September 8, 2003 and April
30, 2004.
b. The plans shall be revised to incorporate the request of the City Engineer, as outlined in
his comments dated April 22, 2004.
c. The plans shall be revised to comply with the requests of the South Burlington Fire Chief,
as outlined in his letters dated February 13, 2004 and April 28, 2004.
d. The plans shall be revised to comply with the requests of the City Arborist, as outlined in
his letter dated April 28, 2004.
e. The plans shall be revised to comply with #4 of the Natural Resources Committee's
recommended conditions.
f. The plans shall be revised to clearly depict a shared access between the subject lot and
the lots directly to the north and south.
4. 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. The applicant shall comply with the request of the City Engineer, as outlined in his
comments dated April 22, 2004.
6. 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.
7. The applicant shall comply with the requests of the City Arborist, as outlined in his letter
dated April 28, 2004.
8. The applicant shall comply with the requests of the Natural Resources Committee, which
includes the following conditions:
1. The applicant should construct a mitigation wetland around the existing B & C wetlands
and maintain a 50' wide buffer around the constructed wetland;
2. The wetland should be constructed using the soils from the subject parcel;
3. The wetland should be constructed with a wetland conservation mix,
4. 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,
5. There should be no mowing in the wetlands or their associated buffers and the area
should remain in a natural state;
6. There should be no pesticides applied to the wetlands or their associated buffers.
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 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. Occupancy of this project shall not take place until additional water storage is built in the
City that would supply this high-pressure zone and the applicant has obtained water
allocation from the South Burlington Water Department.
11. The applicant shall obtain final wastewater allocation approval from the Director of
Planning and Zoning, Juli Beth Hoover, prior to issuance of a zoning permit.
12. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, the
applicant shall submit a Certificate of Title showing the ownership of all property and
easements to be dedicated or acquired by the City, and said Certificate of Title shall be
approved by the City Attorney, prior to recording of the final plat plans.
13. The applicant shall post a $39,500 landscape bond prior to the issuance of the first
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.
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 that:
a. prohibits clearing or disturbance of land within wetlands or wetland buffers;
b. recreational 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 a future City stormwater utility
accepts the stormwater infrastructure.
15. 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
eJ
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. The applicant shall submit documentation that the plans meet the landscape
requirements outlined in Section 13.06(B) of the Land Development Regulations, prior to
recording of the final plat plans.
19. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
20. The final plat plans (sheets 131 and 132) 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 - ryea/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 5-0-0.
Signed this 7 day of May, 2004 by
John Dinklage, Chair
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