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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 Date ,� p Ofes To From Co./Dept. Co. Phone # Phone # Fax # Fax # 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. -2- 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. -3- 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. -5- 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 -7- 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). - 8 - 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. -10- 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). -12-