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Home My WebLink AboutSD-13-33 - Decision - 0428 0434 Shelburne Road#SD-13-33 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING QUEEN CITY, LLC — 428-434 SHELBURNE ROAD PRELIMINARY & FINAL PLAT APPLICATION #SD-13-33 FINDINGS OF FACT AND DECISION Queen City, LLC, hereinafter referred to as the applicant, is seeking to amend a previously approved planned unit development consisting of: 1) a 6,920 sq. ft. building which includes 2,429 sq. ft. of general office use and three (3) dwelling units, and 2) a 6,708 sq. ft. detached accessory with two dwelling units. The amendment consists of adding one dwelling unit to the three unit multi family dwelling, 428-434 Shelburne Road. The Development Review Board held a public hearing on December 17, 2013 and January 7, 2014. Jeffrey Noyes represented the applicant. Based on the plans and 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 seeking to amend a previously approved planned unit development consisting of: 1) a 6,920 sq. ft. building which includes 2,429 sq. ft. of general office use and three (3) dwelling units, and 2) a 6,708 sq. ft. detached accessory with two dwelling units. The amendment consists of adding one dwelling unit to the three unit multi family dwelling, 428-434 Shelburne Road. 2. The owner of record of the subject property is Queen City, LLC. 3. The subject property is located in the Commercial 1/Residential 15 Zoning District 4. The application was received on October 10, 2013. 5. The plans submitted consist of a seven (7) page set of plans; page one (1) entitled "Site Plan Proposed Renovations To 434 Shelburne Road Queen City, LLC 428-434 Shelburne Road South Burlington, VT 05403", prepared by Queen City, LLC, dated 8-30-12, last revised on 8123113. Densi 6. At 15 units/acre, the maximum residential density of the parcel is eight (8) units. This proposal will bring the total number of units to six (6). SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. -1— FIUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2013\SD_13_33_428_434Shelburn eRoad_QueenCityLLC_ffd.doc #SD-13-33 According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. 7. There are no changes proposed to the water service. The parcel is served by public water. 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. 8. There are no changes proposed to the sewer system. The parcel is served by public sewer. 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. 9. The Board finds that there is no proposed exterior construction and therefore no need for additional grading plans or erosion control measures. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the subject lot currently exists as an egress, right -turn -only to Shelburne Road, and from one two - directional point on White Place. 10. There is good circulation around the existing and proposed buildings. Parkin 11. A discussion of parking can be found in the site plan review section of this decision. Traffic 12. As 2,920 square feet of general office is being converted to residential use (one unit), the changes proposed will result in a reduction in the number of P.M. peak hour 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. 13. There are no wetlands on the subject property. 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. 14. The Board finds that the proposed project is in keeping with the planned development patterns of the CI-R15 Zoning 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. -2— F:\USERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2013\SD_13_33_428_434ShelburneRoad_QueenCityLLC_ffd.doc #SD-13-33 15. The Board finds that this criterion is being met. This is among the most dense and most urban areas in the City. Large areas of open space would be uncommon and unfitting. Furthermore, there are no changes to the site plan proposed. 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. 16. There is no need for review by the Fire Chief as part of this application. 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. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. 17. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). 18. The Board finds that the proposed PUD is in conformance with the South Burlington Comprehensive Plan. Specifically, "Commercial Centers. These areas generally follow the Shelburne Road and Williston Road Corridors.... The City encourages mixed use development in these areas (e.g. mixed residential/commercial or mixed retail/office/restaurant) to encourage pedestrian pavement, use of public transportation services, and shared parking opportunities" (p.27) SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: Relationship of Proposed Structures to the Site 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. 19. No new buildings are proposed on the site, nor are there any changes proposed to the access on site. -3— F:\USERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2013\SD_13_33_428_434Shelburn eRoad_Q ueenCityLLC_ffd.doc #SD-13-33 Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; (ii) The parking area will serve a single or two-family home; (iii) The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building, to be located adjacent to the public street; (iv) The lot contains one or more existing buildings that are to be re -used and parking needs cannot be accommodated to the rear and sides of the existing building(s); or, (v) The principal use of the lot is for public recreation. (c) Where more than one building exists or is proposed on a lot, the total width of all parking areas located to the side of building(s) at the building line shall not exceed one half of the width of all building(s) located at the building line. Parking approved pursuant to 14.06(B)(2)(b) shall be exempt from this subsection. (d) For through lots, parking shall be located to the side of the building(s) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient landscaping to screen the parking from view of the Interstate. Based on the submittal, the Board finds that sufficient parking exists on the site; required parking is as follows: • Six dwelling units: 14 spaces at 2 per unit plus 1 per 4 units Thus, 14 spaces are required; 19 spaces are shown on the previously approved site plan, one of which is designated for handicap parking. As stated above, parking must be located to the sides and rear of buildings, except under specific circumstances. In these case, the buildings on the lot are pre-existing and therefore subsection (b)(iv) applies. -4— F:\USERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\SD_13_33_428_434ShelburneRoad_QueenCityLLC_ffd doc #SD-13-33 The property in this case includes two pre-existing buildings. The Board approved the location of parking in 2011 and 2013 when the other residential units were approved. Subsection iv above exempts the site from changes to parking based on this application. 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. 20. No new buildings are proposed on the site. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 21. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications 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. 22. No new buildings are proposed on the site. 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. 23. No new structures are proposed on the site. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. 24. The Board finds that access drives to adjacent properties are not warranted in this case. The site eliminated a curb cut as part of a recent DRB approval. 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. 25. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications 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). -5— FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2013\SD_13_33_428_434ShelburneRoad_QueenCityLLC_ffd.doc #SD-13-33 26. The plan does not show any dumpsters or trash facilities as no dumpsters are proposed. Landscaping Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. 27. Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must be shown on the plans. The plans show adequate snow storage areas for the subject property. Landscaping budget requirements are to be determined pursuant to Section 13.06(G) (2) of the SBLDR. The landscape plan and landscape budget shall be prepared by a landscape architect or professional landscape designer. 28. No additional landscaping is required as part of this application. Lighting Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed more than 30' above ground level and the maximum illumination at ground level shall not exceed an average of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land Development Regulations, indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum, and an average of 0.1 foot candles average. All lighting shall be shielded and downcast. 29. All lighting on the property shall comply with the standards set forth in the South Burlington Land Development Regulations. DECISION Motion by Mark Behr, seconded by Jennifer Smith, to approve preliminary & final plat application #SD- 13-33 of Queen City, LLC subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 3. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of the new dwelling unit. -6— F1USERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2013\SD_13_33_428_434Shelburn eRoad_QueenCityLLC_ffd.doc #SD-13-33 4. 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. 5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 6. All lighting on the property shall comply with the standards set forth in the South Burlington Land Development Regulations. 7. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the additional dwelling unit will generate zero (0) additional vehicle trip ends during the P.M. peak hour. 8. Prior to issuance of the zoning permit for the additional dwelling unit, a digital copy of the final project plans in pdf format shall be delivered to the Administrative Officer. 9. The mylar shall be recorded prior to permit issuance. 10. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 9. The final plat plan (site plan, sheet 1) 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. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Michael Sirotkin — yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present David Parsons -- yea nay abstain not present Jennifer Smith yea nay abstain not present Motion carried by a vote of 4 — 0 — 0 Signed this day of ��lc 2014, by i` Tim Barritt, Chairman Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or -7— FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\SD_13_33_428_434ShelburneRoad_QueenCityLLC_ffd.doc #SD-13-33 http://vermontoudiciary.org/GTC/environmental/defauIt.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. -8— FAUSERS\Planning & Zoning\Development Review Board\Findings_ Decision s\2013\SD_13_33_428_434ShelburneRoad_QueenCityLLC_ffd.doc