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HomeMy WebLinkAboutSD-05-46 - Decision - 0490 Shelburne RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING DIEMER PROPERTIES, LLC - PLANNED UNIT DEVELOPMENT ,090 SHELBURNE ROAD PRELIMINARY PLAT APPLICATION #SD-05-46 FINDINGS OF FACT AND DECISION Diemer Properties, LLC, hereinafter referred to as the applicant, is seeking preliminary plat review 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 general office building, and 3) constructing a 14 unit multi -family dwelling, 490 Shelburne Road. The Development Review Board reviewed the sketch plan of the proposed project on January 18, 2005 and February 15, 2005- The Development Review Board held a public hearing on July 5, 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 The applicant is seeking preliminary plat review 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 general office building, and 3) constructing a 14 unit multi -family dwelling, 490 Shelburne Road. The Development Review Board reviewed the sketch plan of the proposed project on January 18, 2005 and February 15, 2005. The Development Review Board held a public hearing on July 5, 2005. Lance Llewellyn represented the applicant. 2. The owner of record of the subject property is Diemer Properties, LLC. 3. The subject property is located in the Commercial 1 — Residential 15 (Cl -R15) Zoning District. 4. The plans consist of a ten (10) page set of plans, page one (1) entitled, "Diemen Properties, L.L.C. South Burlington Vermont Existing Conditions", prepared by Llewellyn -Howley, Inc.. dated 5/20/05. J Zoning District & Dimensional Requirements Table 1. Dimensional Requirements CI-R15 Zoning District [— Required Proposed �l Min. Lot Size r 3,000 SF/unit 35,980 SF_ 4 Max. Density �l Max. Building Coverage Max. Total Coverage ♦ Min. Front Setback 15 units/acre 40% 70% 50 ft./30 ft 16.95 units/acre 27.10/4 66% 15 ft/10 ft Min. Side Setback v Min. Rear Setback 10 ft. 30 ft. 10 ft n/a ♦ Front yard Coverage___ 30% 40%/ 58% ♦ Max. Building Height 35 ft. 50.5 ft. .q zoning compliance 46 density bonus for affordable housing pursuant to Section 13.14(C)(2) ♦ waiver required additional information 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. Five waivers are requested. ■ 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 flat 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- 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. The South Burlington Water Department has reviewed the pians and provided comments in a letter dated June 24, 2005. 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. 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, 30' 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 a public street. Until the road is officially made public, the proposed project cannot obtain final plat approval. The applicant has revised the plans to depict only one curb -cut serving the property prior to the meeting. 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 properly. 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. According to the ITE, 71h Edition, the proposed residential use (LU: 723) is estimated to generate 5.46 P.M. peak -hour vehicle trip ends. If the proposed 6,000 square foot building were dedicated to general office use (LU: 710), the ITE, 7th Edition, estimates that it will generate 8.94 P.M. peak -hour vehicle trip ends. If the proposed 6,000 square foot building were dedicated to retail use, the ITE, 7th Edition, estimates that it will generate 16.26 P.M. peak -hour vehicle trip ends. Thus, according to the ITE, 7"' Edition, the estimated traffic generation for the most intensive use of the subject property is 21.72 P.M. peak -hour vehicle 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. 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 anddor stream buffer areas. This criterion is met through the proposed PUD. 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 plans shall be reviewed by the South Burlington Fire Chief, prior to final plat approval. -4- 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 have been revised to show a proposed 5' sidewalk along Bacon Street, There is also a 5' sidewalk along Shelburne Street. Prior to submission of final plat and in compliance with Section 13.07 of the South Burlington Land Development Regulations, the applicant shall submit exterior lighting details. The applicant has submitted exterior lighting details. The proposed fixtures are in compliance. 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. It has already been noted that the applicant should obtain applicable permits from the City of Burlington for any work done in Shelburne Road. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project is consistent with the South Burlington Land Development Regulations. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, anV PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Requlations establishes the following qtperqji 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 applicant is seeking a front yard setback waiver. 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. -5- 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 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. According to Table 13-1 of the Land Development Regulations, the proposed 6,000 square foot building is dedicated to general office use; the commercial component of the proposed project will require 21 parking spaces (3.5 parking spaces per 1,000 square feet GFA). A total of 49 parking spaces are required. A total of 49 parking spaces are listed on the site plan. This project will require 2 handicapped -accessible parking spaces. 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. 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 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. -6- 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 higher than surrounding buildings. The Board feels, however, that, 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 Development Review Board and the applicant should discuss the possibility of creating an access easement to the property to the north. 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 durnpsters 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). All dumpsters and solid waste facilities shall be accessible, secure, and screened to the satisfaction of the Development Review Board. 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 should 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 June 29, 2005 memo. 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 DECISION Motion by G A LE qOPM , seconded by �4#� I1 66 *4" to approve Preliminary Plat Ap ication #SD-05-46 of Diemer Properties, LLC., subject to the following conditions: 1) All previous approvals and stipulations shall remain in full effect; except as amended herein. 2) The plans shall be revised to show the changes below prior to final plat submittal: a) The plans shall be revised to comply with the conditions set forth by the South Burlington Water Department in a letter from Jay Nadeau dated June 24, 2005. b) The plans should be revised to clearly show all dumpsters and solid waste facilities, adequately screened. c) The plans shall be revised to comply with the requests of the City Arborist, as outlined in a memorandum dated June 29, 2005. d) Pursuant to Section 13.06(B)(4) of the South Burlington Land Development Regulations, the plans shall be revised to show the location of snow storage areas. e) The plans shall be revised to show the locations of all exterior light fixtures. f) The plans shall be revised to provide details of the underground parking spaces. g) The plans shall be revised to show snow storage areas. h) The plans shall be revised to remove retail use notations. i) The plans shall be revised to show any ground mounted HVAC units or electrical transformers proposed. 3) The applicant shall comply with the requests of the South Burlington Water Department, as outlined in a letter from Jay Nadeau dated June 24, 2005. 4) The applicant shall comply with the requests of the City Arborist, as outlined in a memorandum dated June 29, 2005. 5) The applicant shall obtain a permit from the City of Burlington for any work done in Shelburne Street. 6) The applicant shall obtain preliminary wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hinds, prior to submittal of the final plat application. 7) The subject property shall generate a maximum of twenty-two (22) P.M. peak -hour vehicle trip ends. 8) The plans shall be reviewed by the South Burlington Fire Chief, prior to final plat approval. 9) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 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 submission of the final plat, and pursuant to Section 13.12(D)(3)(c), 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." -9- 12) The Board approves the five (5) area and dimensional waivers requested. 13) The applicant shall submit for final plat approval within twelve (12) months. Mark Behr — �" ay/abstain/not present Chuck Bolton7 ea nay/abstain/not present John Dinklage ye nay/abstain/not present Roger Farley -&eaay/abstain/not /abstain/not present Larry Kupfermannay/abstain/not present Gayle Quimby — present Motion carried by a vote of k - b- D Signed this day of July 2005, by John Dinklage, Chair L 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).