HomeMy WebLinkAboutSD-05-63 - Decision - 0490 Shelburne RoadCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
DIEMER PROPERTIES, LLC — PLANNED UNIT DEVELOPMENT
490 SHELBURNE ROAD
FINAL PLAT APPLICATION #SD-05-63
FINDINGS OF FACT AND DECISION
Diemer Properties, LLC, hereinafter referred to as the applicant, is seeking final plat
approval for a planned unit development consisting of: 1) razing a 16 room motel and
single family dwelling, 2) constructing a 6,000 sq. ft. 2-story multi -use building
(requesting umbrella approval), and 3) constructing a 14 unit multi -family dwelling, 490
Shelburne Road. The Development Review Board held a public hearing on August 16,
2005. Lance Llewellyn 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 seeking final plat approval for a planned unit development
consisting of: 1) razing a 16 room motel and single family dwelling, 2)
constructing a 6,000 sq. ft. 2-story multi -use building (requesting umbrella
approval), and 3) constructing a 14 unit multi -family dwelling, 490 Shelburne
Road.
2. The Development Review Board approved the preliminary plat plan of the
proposed project on July 5, 2005.
3. The owner of record of the subject property is Diemer Properties, LLC.
4. The subject property is located in Commercial 1 — Residential 15 (C1-R15)
Zoning District.
The plans submitted consist of a ten (10) page set of plans, page two (2) entitled..
"Diemer Properties, L.L.C. South Burlington Vermont Exisiting Site Plan",
prepared by Llewellyn -Howley, Inc., dated 5/20/05.
Post -it' Fax Note
7671
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Zonin_g District & Dimensional requirements
Table 1. Dimensional requirements
(_C1-R15 Zoning District
r� Min. Lot Size
+ Max. Density
Required
3,000 SF/unit
15 units/acre
Proposed
35,980 SF 1
16.95
units/acre
Max. Building Coverage_
40%
27.2%
Max. Total Coverage
70%
69.8%
♦ Min. Front Setback
Min. Side Setback
50 ft./30 ft
loft.
15 ft/10 ft
10 ft.
Min. Rear Setback
30 ft.
n/a
♦ Front yard Coverage
30%
40%/ 58%
e Max. Building Height
35 ft.
50.5 ft.
zoning compliance
4- density bonus for affordable housing pursuant to Section
13.14(C)(2)
o waiver required
n/a the rear setback is not applicable to the proposed project because
the property has two front yards
The subject property can support a base density of 12 units. However, pursuant to Section
13.14(C)(2) of the Land Development Regulations, the applicant is proposing two (2)
additional units, one of which will be below market -rate. Thus, the project will have a total
of fourteen (14) residential units, one of which will be below market -rate.
Waivers
Five waivers had been requested and were granted at preliminary plat hearing.
■ The applicant is requesting a front setback waiver of 35 feet for Shelburne Road.
The commercial building encroaches 35 feet into a 50 foot front setback. The entire
commercial building is within the front setback.
■ The applicant is requesting a front setback waiver of 20 feet for Bacon Street. The
residential building encroaches 20 feet into a 30 foot setback.
■ The applicant is requesting a height waiver of 15.5 feet for the residential building.
The building is 50.5 feet at its highest point. The limitation on building height for a
fiat roof structure is 35 feet.
■ The applicant is requesting an additional 10% of front setback coverage for
Shelburne Road. The allowable coverage of the front setback is 30%. The
applicant is proposing 40% coverage.
■ The applicant is requesting an additional 28% of front setback coverage for Bacon
Street. The allowable coverage of the front setback is 30%. The applicant is
proposing 58% coverage.
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Request for Umbrella Approval
The applicant is seeking umbrella approval pursuant to Section 3.09 of the South
Burlington Land Development Regulations for multiple uses. The applicant has approval
for the following uses:
1. General office
2. Medical office
3. Retail
4. Radio and television studio
5. Personal instruction facility
6. Photocopy and printing shops with accessory retail
7. Personal or business service, principal use
Required Findings for Umbrella Approval
To make positive findings for an umbrella permit pursuant to Section 3.09 of the South
Burlington Land Development Regulations, the Development Review Board must
determine that:
1. Such uses are compatible in normal manner of operation, including types of traffic
generated; hours of use; lack of excessive noise, dust, odor, or other objectionable
element; and any other relevant aspect of operation.
2. Such uses can suitably share common facilities, such as parking and outside storage
areas, within the requirements of these regulations for any lot.
The DRB must then establish the following limits for the site:
1. P.M. peak hour trip ends
2. Number of required parking spaces
3. Gross floor area dedicated to any one use
4. Number of restaurant or retail food establishment seats
Maximum traffic generation and minimum required parking are discussed below as part of
the planned unit development standards.
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.
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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 in
a letter dated June 24, 2005 wherein they directed the applicant to obtain water and
wastewater approval from the City of Burlington. The applicant has requested and
obtained such approval from the City of Burlington, as evidenced in a letter dated June 20,
2005 . This approval grants allocation for water and wastewater.
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 City Engineer reviewed the sketch plan of the proposed project and provided
comments in a memorandum dated June 16, 2004. The applicant has shown compliance
with these comments.
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 submitted grading and erosion control plans. The proposed project
adequately adheres to standards for erosion control as set forth in Section 16.03 of the
South Burlington Land Development Regulations. Furthermore, the grading plan meets 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 two-way, 25' wide curb -cut off of Bacon Street serving
the commercial component of the project. Currently, Bacon Street is a private street;
however, it is in the process of being turned over to the City as a public street.
The plans depict one curb -cut serving the property. This is acceptable for traffic
management.
The subject lot falls within Zone 1 of the South Burlington Traffic Overlay District, which
means that the property's budget is 13.49 P.M. peak -hour vehicle trip ends. However,
the existing use generates a 22 P.M. peak -hour vehicle trip ends, which this property is
grandfathered for. The applicant has conducted traffic counts for the subject property.
The Development Review Board invoked technical review of the traffic counts that the
applicant submitted. Thaddeus Luther, of Dufresne -Henry, performed the technical
review of the traffic counts. He approved the submitted counts and concurred that the
property currently generates 22 P.M. peak -hour vehicle trip ends. His comments are
provided in a letter to Ray Belair, dated February 10, 2005.
The applicant has requested multiple commercial uses as part of an umbrella approval.
These uses will generate a variety of vehicle trip ends, as shown in table 2. After
accounting for the residential demand of 5.46 P.M. peak hour vehicle trip ends, 16.54
vehicle trip ends are available for commercial use.
Table 2.
Permitted Uses
(proposed and current)
Traffic Generation
(per 1,000 sq. ft.)
Maximum for Site
General Office
1.49
Medical Office -
3.72
_ _ _8.94
22.32
----
Retail
2.71
_-- 16.26_----
Radio & Television Studio
1.49
Personal Instruction Facility
2.71
_ _8.94 _
16.2_6
Photocopy & Printing Shop
2.71
16.26
Personal or business service
_
2.71
16.26
The proposed 6,000 square foot building may be dedicated to any of the proposed uses
above, except medical offices where it would be in excess, and still fit within the traffic
budget for the property. The building may house medical office use, but must mix such
use with another use in an appropriate ratio to avoid being in excess of the traffic
budget.
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.
According to the South Burlington Wetlands Delineation Map, 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.
The purpose of the C1-R15 Zoning District is to encourage high -density residential uses
integrated with commercial uses. This project is a mixed -use development, which meets
the stated purpose of the 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.
This criterion is met through the proposed PUD.
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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 made comments in a letter dated August 11,
2005.
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 plans show a proposed 5' sidewalk along Bacon Street. There is also a 5' sidewalk
along Shelburne Street. The applicant has submitted exterior lighting details. The
proposed fixtures are in compliance with Section 13.07 of the South Burlington Land
Development Regulations.
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 has commented that the roads, sidewalks, and utilities are in compliance.
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 Re ug lations,
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 Board supports a waiver of the front yard setback such that
building is at least fifteen (15) feet from the Shelburne Road right-of-way. The site provides
for adequate planting and safe pedestrian movement.
According to Table 13-1 of the Land Development Regulations, the residential portion of
the proposed project will require 32 parking spaces (2 parking spaces per dwelling unit plus
M
1 parking space for every 4 dwelling units). However, pursuant to Section 13.01(G) of the
Land Development Regulations, if the parking spaces serving the residential use are
common, i.e., non -reserved, the residential component of the proposed project would
require 28 parking spaces.
The applicant has requested multiple commercial uses under an umbrella approval.
These uses will generate differences in the number of required parking spaces, as
shown in table 3. Given the 49 parking spaces proposed, and less the 28 required for
residential parking, the table demonstrates the maximum square footage that can be
allocated to each use.
Table 3.
Permitted Uses
(proposed)
I- Parking Requirement
Maximum SF for use
General Office
3.5/ 1000 SF
6,000
Medical Office
5/ 1000 SF
4,200
Retail business, excluding general
merchandise stores
_ _ _
5/1000 SF
-
4,200
Radio & Television Studio
2/ employee
Personal Instruction Facility
_
2/ employee_
_
Photocopy & Printing Shop with
accessory retail
2/1000 SF plus 5/ 1000 SF GFA of
retail area
Personal or business service
2 per treatment station (minimum
of 4 per 1000 SF)
! 5,250 or, less depending
on # of treatment stations
s Due to the nature of the use, and the broadness of the category, more information
will be required to assess maximum square footage available for this use.
The proposed parking lots shown conform to the Parking Lot Dimension Requirements, as
outlined in Section 13-8 of the South Burlington Land Development Regulations.
This project will require 2 handicapped -accessible parking spaces. Six are shown on the
plans.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The proposed parking is in compliance with this regulation. The surface parking is between
the two buildings and predominantly screened by the retail building on Shelburne Road.
There is also parking located beneath the residential building.
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 applicant is requesting a height waiver of 15.5 feet for the residential building. The
building is 50.5 feet at its highest point. The limitation on building height for a flat roof
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structure is 35 feet. The applicant has submitted building elevations indicating the height of
the proposed buildings relative to the average pre -construction grade.
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.
The proposed building elevations meet this requirement.
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.
The proposed residential building will be significantly higher than surrounding buildings.
Visually, it will only improve the look of structures. It should also be noted that other
proposals are before the Development Review Board that are requesting buildings of
similar height to this building.
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.
The reservation of land is necessary.
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).
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All dumpsters and solid waste facilities are shown to be accessible, secure, and screened.
Landscaping and Screening Requirements
Pursuant to Section 13.06(B) of the Land Development Regulations, all parking areas
containing twenty-eight (28) or more contiguous parking spaces and/or in parking lots
with more than a single circulation lane, at least ten percent (10%) of the interior of the
parking lot shall be landscaped islands planted with trees, shrubs and other plants. All
interior and perimeter planting shall be protected by curbing unless specifically designed
as a collection and treatment area for management of stormwater runoff. Interior planted
islands shall have a minimum dimension of six (6) feet on any one side, and shall have a
minimum square footage of sixty (60) square feet. Large islands are encouraged.
Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All
planting shall be species hardy for the region and, if located in areas receiving road
runoff or salt spray, shall be salt -tolerant. At least one (1) major deciduous shade tree
shall be provided within or near the perimeter of each parking area, for every five ("5)
parking spaces. The trees shall be placed evenly throughout the parking lot to provide
shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. Trees
shall have a caliper equal to or greater than two and one-half (2 %) inches when
measured on the tree stem, six (6) inches above the root ball. Where more than ten (10)
trees are installed, a mix of species is encouraged; the species shou!d be grouped or
located in a manner that reinforces the design and layout of the parking lot and the site.
The applicant has submitted a landscaping plan and budget. The required landscaping
budget for the site is $33,500 based on $2,600,000 worth of building and improvement
costs. The applicant is proposing $33,500 worth of landscaping.
The applicant's landscape plan also meets the requirements for the interior 10%
coverage of parking lots.
The South Burlington City Arborist has reviewed the plans and provided comments in a
memo August 7, 2005. He does not propose any changes.
The snow storage areas shown on the plan are acceptable
Other
Pursuant to Section 13.14(D), the applicant shall:
(a) Ensure that the affordable dwelling unit be physically integrated into the design
of the development
(b) Ensure that the minimum gross floor area of the affordable dwelling unit is not
less than comparable market rate units in the housing development.
(c) The unit shall continued to be rented to qualified below market rate households
ECISION 46a�Motion by L?k K'1 Q seconded by FoLE'� to
approve Final P Application #SD- 5-63 of Diemer Properties, LLC., subject to he
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. Four (4) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to permit issuance.
a) The plans shall be revised to comply with the requests of the South Burlington Fire
Chief as stated in his letter dated August 11, 2005.
b) The plans shall be revised to note the location of the dumpster for the commercial
building and that it will be appropriately screened.
4) The subject property shall not generate more than the maximum of twenty-two (22)
P.M. peak -hour vehicle trip ends.
5) This approval is for the following uses which are currently permitted in the
Commercial 1 — R15 District: general office, medical office, retail, radio & television
studio, personal instruction facility, photocopy and printing shops with accessory
retail, and personal or business service, principal use. If the zoning regulations
change so that any of the above uses are no longer permitted, then those uses
which are no longer permitted shall no longer be approved.
6) This approval is conditioned on a maximum of 21 parking spaces required for the
commercial building, and 22 P.M. peak hour trip ends for both the commercial and
residential buildings.
7) The applicant shall obtain approval from the Administrative Officer prior to any
change of any tenant in the commercial building. The Administrative Officer shall
approve the proposed new tenant only if the proposed combination of uses fits within
the limitations established in #6 above. In making his determination, the
Administrative Officer shall utilize the parking standards contained in Table 13-2 in
the Land Development Regulations, and trip generation rates contained in the I.T.E.
Trip Generation Manual. if a use is proposed which does not fit clearly within any of
these standards, or if a shared parking concept is approved in order to meet the
parking limit, the applicant shall obtain approval from the Development Review Board
for the proposed use.
8) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
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9) Pursuant to Section 13.06(C)(1) of the South Burlington Land Development
Regulations, any utility cabinets on the site shall be effectively screened to the approval
of the Development Review Board.
10) The applicant shall adhere to all conditions of the affordable housing standards as
outlined in Section 13.14(D) of the South Burlington Land Development Regulations.
11) Prior to recording of the final plat, and pursuant to Section 13.12(D)(3)(c) of the Land
Deveiopment Regulations, the applicant shall submit a plan detailing the affordable
housing proposed as part of the PUD. The plan shall "include a mechanism acceptable
to the City Attorney for controlling resale and re -tenanting the individual affordable
housing units that ensures that the unit will remain affordable in perpetuity."
12) The applicant shall post a $33,500 landscape bond. The bond shall remain in effect for
three (3) years to assure that the landscaping has taken root and has a good chance of
surviving.
13)
13. For the purpose of calculating road impact fees under the South Burlington
Impact Fee Ordinance, the Development Review Board estimates that the change in
use will generate zero (0) additional vehicle trip ends during the P.M. peak hour.
14) Any new exterior lighting shall consist of downcasting fixtures. Any change to
approved lights shall require approval of the Director prior to installation.
15) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
16) The final plat plan (Sheet 2 of 5 and survey plat) 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/n
/abstain not present
Chuck Bolton — a/
ay/abstain no present
John Dinklage —
ay/abstain/not present
Roger Farley — e
/abstain/not present
Larry Kupferman
e ay/abstain/not present
Gayle Quimby — e
nay/abstain/not present
Motion carried by a vote of S
Signed this day of August 2005, by
John Dinklage, Chair
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).
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