HomeMy WebLinkAboutSD-03-80 - Decision - 1242 Shelburne RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
BRIAN & ALICE WAXLER — PLANNED UNIT DEVELOPMENT
FINAL APPLICATION #SD-03-80
FINDINGS of FACT AND DECISION
Brian and Alice Waxler, hereafter referred to as the applicants, are requesting final plat plan
approval for a planned unit development consisting of: 1) subdividing a 2.9 acre parcel into two
(2) lots of 1.3 acres (Lot A) and 1.6 acres (Lot B), 2) a boundary line adjustment with 30
Imperial Drive to add 0.15 acres to Lot B, and 3) developing Lot B with seven (7) residential
units in three (3) buildings, 1242 Shelburne Road. The subject property contains 2.9 acres and is
located in the Commercial 1 (Cl) and Residential 4 (R4) Districts. The South Burlington
Development Review Board (DRB) held a public hearing on January 20, 2004. Brian Waxler
and Ron Lyon represented the applicants.
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 DRB finds, concludes, and
decides the following:
FINDINGS OF FACT
1. The applicants are requesting final plat plan approval for a planned unit development
consisting of. 1) subdividing a 2.9 acre parcel into two (2) lots of 1.3 acres (Lot A) and 1.6 acres
(Lot B), 2) a boundary line adjustment with 30 Imperial Drive to add 0.15 acres to Lot B, and 3)
developing Lot B with seven (7) residential units in three (3) buildings, 1242 Shelburne Road.
2. The owners of record are Brian and Alice Waxler.
3. The subject property contains 2.9 acres and is located in the Commercial 1 (C1) and
Residential 4 (R4) Districts.
4. The plans consist of five (5) sheets, plus a cover sheet entitled "Tumblebrook Drive Housing
Project, Brian Waxler, 1242 Shelburne Road, South Burlington, Vermont", prepared by Dubois
and King, dated August 15, 2003, last revised on January 15, 2004, and one (1) sheet entitled
"Brian Waxler, 1242 Shelburne Road, South Burlington, Vermont, Subdivision Plat", prepared
by Dubois and King, dated August 25, 2003.
5. The Development Review Board granted preliminary approval of the project on October 7,
2003.
6. The applicants received site plan and conditional use approval for development of the existing
Sherman Williams paint store on the subject property in 1998. The conditional use approval
allowed the relocation of the C 1 District boundary 50 ft. easterly on the subject property. The
proposed development reflects this boundary relocation.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. R4 Dimensional Requirements
R4 Zoning District
R uired
Proposed
Min. Lot Size
6,000 SF/unit
(42,000 SF)
76,614 SF
Max. Building Coverage
20%
10.2%
Max. Overall Coverage
40%
24.5%
Min. Front Setback
30 ft.
176 ft.
Min. Side Setback
15 ft.
15 ft.
Min. Rear Setback
30 ft.
112 ft.
Max. Buildin Height
40 ft.
28 ft.
4 zoning compliance
Section 3.06(H) of the South Burlington Land Development Regulations prohibits more than 30%
of the front setback area from being used for driveways and parking, and the balance shall be
suitably landscaped and maintained in good appearance. Furthermore, a continuous landscaped strip
of 15 ft. in width traversed only by driveways and sidewalks shall be maintained between the front
property line and the balance of the lot.
Bartlett Brook Watershed Overlay District
Pursuant to Section 12.03(C)(2) of the South Burlington Land Development Regulations, the
DRB shall not approve any development proposal on lands within the Bartlett Brook Watershed
unless it includes a stormwater management system designed to prevent an increase of the peak
discharge and velocity of stream flow downstream of the development site. Accordingly, the
applicant must provide a site plan and stormwater management system design details that
comply with the requirements of Section 12.03(D) of the South Burlington Land Development
Regulations. In addition, the applicants must submit the stormwater management plans to Heindel
and Noyes for inclusion in the Bartlett Brook Watershed computer model. Suggested improvements
or modifications resulting from the Heindel and Noyes analysis should be incorporated into the
plans prior to final plat approval by the DRB.
The applicant has submitted the stormwater plans for the proposed project to Heindel and Noyes for
inclusion in the Bartlett Brook Watershed computer model. Heindel and Noyes submitted a report
summarizing and approving these stormwater plans. This report is incorporated by reference.
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PLANNED UNIT DEVELOPMENT STANDARDS
Section 15.13(F) of the South Burlington Land Development Regulations requires that the PUD
meet the standards of the Vermont Stormwater Management Manual. In addition, the subject
property falls within the BBW District and the applicant must submit stormwater plans to Heindel
and Noyes for inclusion into the city's Bartlett Brook Watershed computer model. The applicant
submitted stormwater management plans with the final plat application.
Pursuant to Section 15.18 of the proposed South Burlington Land Development Regulations, PUDs
shall comply with the following standards and conditions:
(a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of
the project
Pursuant to Section 15.13(B)(1), municipal water service must be extended to serve the proposed
development. Prior to final plat approval, the applicant must obtain final water allocation approval
from the South Burlington Water Department. Jay Nadeau, Superintendent of the South Burlington
Water Department has confirmed that the applicant has water allocation for the proposed project.
(b) 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 City Engineer has review and approved the proposed "Erosion Control Plan and Details"
depicted on sheet 2 of the plans entitled "Tumblebrook Drive Housing Project."
(c) The project incorporates access, circulation and traffic management strategies sufficient
to prevent unreasonable congestion of adjacent roads.
Access to the project is proposed by a private roadway. As the project conforms with Section
15.12(C)(3) of the South Burlington Land Development Regulations, a private roadway is
sufficient. The proposed roadway is 20' wide and 600' feet long, and is an extension of the
Sherwin Williams access. In addition to the 20' wide road, the applicant is proposing a 5' wide
sidewalk. Circulation is two-way throughout the site and staff believes the circulation plan is
adequate.
The access point to the site is located in the City's Traffic Overlay District, Zone 2. According
to Table 10-1 of the South Burlington Land Development Regulations, the maximum peak hour
trip ends per 40,000 square feet in Zone 2 is 20. The maximum allowable VTE's for the 3.06
acre parcel is 66 VTE's, of which 58 VTE's are currently allocated to the existing 12,000 square
foot retail store on Lot A. The proposed project will require 3.78 VTE's and therefore fits within
the balance of 8 VTE's. Traffic calming measures are not necessary for this project.
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(d) 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 plans indicate the proposed project will encroach into the 50' buffer of Class III wetlands
throughout the subject property. The applicant has provided an analysis of wetlands impacts
prepared by a qualified wetlands consultant. Any wetland encroachments must comply with
Section 12.02(E) of the proposed South Burlington Land Development Regulations. Accordingly,
any proposed wetland encroachments must be reviewed by the South Burlington Natural Resources
Committee.
The Natural Resource Committee met on September 8, 2003 to discuss this encroachment. A
memorandum, dated September 24, 2003, outlining the Committee's recommendations to the
Development Review Board is incorporated by reference.
(e) 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 districts)
in which it is located
According to Section 4.03(H) of the South Burlington Land Development Regulations, the purpose
of the R4 District is to encourage residential use at moderate densities that are compatible with
existing neighborhoods and undeveloped land adjacent to those neighborhoods. The proposed
multiunit residential development is proposed in an area located between existing commercial
development and single family residential development. As such, the proposed development is
compatible with existing development in the vicinity. In addition, the plans show that the minimum
required 65 ft. setback from the adjacent R4 District will be provided on Lot A within the C1
District.
09 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
No streams occur on the subject property. The proposed project layout is designed to avoid
development in the Class III wetlands, mainly to the east and west of the proposed buildings.
Therefore, these sections of the property will remain as open space. This is a sufficient open space
plan to fulfill this requirement.
(g) 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
Chief Brent reviewed the final plat plans submitted by the applicant. He had two (2) major
concerns with the layout of the project. The first concern was that the applicant added parking
spaces #20-22. This reduces the space the Fire Department has to maneuver their trucks in the case
of an emergency. He requests that these three (3) spaces be removed and that the space remain open
and paved. In addition, the Chief has a concern about the relationship of the fire hydrant adjacent to
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unit #103 and the curb cut. He requests that this curb cut be rounded out so that the hydrant is more
accessible.
(h) 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 depict a proposed 10' wide utility easement running to the south of the subject property
through Lot C to Imperial Drive. Also, the applicant has provided a 20' wide right-of-way from the
proposed private roadway to the property to the north, for possible future use.
(i) 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 proposed project is to be served by an extension of the existing Sherwin Williams access drive.
The road will remain private and complies with the requirements of Section 15.12(C)(3) of the
South Burlington Land Development Regulations. The outdoor lighting plan must comply with
Section 13.07 of the South Burlington Land Development Regulations. The plans show two (2) 15'
pole lights with 175-watt MH cutoff fixtures. The applicant submitted exterior lighting details (cut -
sheets) with the final plat application, which are in compliance with Section 13.07 of the South
Burlington Land Development Regulations. The plans depict the utility cabinet adequately
screened.
0) The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The Comprehensive Plan advocates residential infill development in areas that are near services.
Mixed -use PUDs, which integrate housing into commercial and retail areas are encouraged. At the
same time, existing residential neighborhoods should be protected from significant traffic and noise
by adequate setbacks and landscape screening. This project is consistent with these goals and
objectives of the Comprehensive Plan.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, an
shall require site plan approval. Section 14.06 establishes the following general review standards for
all site plan applications:
(a) 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 area
The project accomplishes a desirable transition from structure to site and from structure to structure.
The applicant has submitted an adequate landscaping plan. At its meeting on June 2, 2003, the
South Burlington Recreation Path Committee reviewed the plans for the proposed project and
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recommended that a sidewalk be constructed connecting the development to Shelburne Road. The
plans depict a 5' wide sidewalk along the proposed roadway. This sidewalk should be clearly
separated from the access drive with striping. The Development Review Board requires that a
sidewalk be constructed along the entire length of the private road to Shelburne Road.
The preliminary plat approval required that the plan show a pedestrian easement from the subject
property to Imperial Drive. The plan submitted does not show this pedestrian easement. On
October 6, 2003, the day before the October 7, 2003 preliminary plat hearing, the applicants entered
into a covenant with the neighbors on Imperial Drive and Worth Street. This covenant prohibits the
applicant from constructing any "road or other means of accessing the property... between the
property and the street currently known as Imperial Drive." Despite this covenant, the Development
Review Board requires that the applicant provide a pedestrian access extending from the property to
the north, through the subject property, to Imperial Drive.
According to Table 13-1 in Section 13.01(B) of the South Burlington Land Development
Regulations, the proposed project requires a minimum of 16 parking spaces. The plans show a total
of 22 parking spaces, 14 of which are located in garages and driveways. The additional 8 parking
spaces are located along the southerly boundary of Lot B. These additional parking spaces conform
to the design requirements outlined in Table 13-8 of the South Burlington Land Development
Regulations. However, the preliminary plans were approved with only 19 parking spaces: 14
located in the garages and driveways of the proposed buildings and 5 along the southerly property
boundary of Lot B. The Fire Chief asked the applicant to shift these 5 parking spaces to the west to
create more space for fire truck access. The applicant shifted these spaces to the west and then
added 3 spaces. These additional parking spaces are not warranted, as the Fire Chief specifically
requested the extra space for fire truck access.
Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees,
residents, and visitors to the site. A bicycle parking facility is depicted on the plans.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable.
Parking is located at the front of the proposed new residential units. The subject property is
essentially landlocked behind the Sherman Williams lot with frontage on Shelburne Road and the
new parking will not be visible from Shelburne Road. Also, the rear and sides of the proposed
buildings are Class III wetlands that the applicant is using for a stormwater basin and open space.
The location of the proposed parking spaces is appropriate.
(c) 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 scale of the proposed buildings is compatible with the site and existing buildings in the area.
The height of the proposed buildings is 28', which is under the 40' height maximum for the City.
(d) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extentfeasible, be underground
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
(e) 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 applicant submitted a typical 8.5" x I I" building elevation depiction of the proposed structures.
The building proposed in the project will be of similar architectural style. There is a significant
amount of landscaping on the site to serve as a buffer between the surrounding buildings.
(fl 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 buildings relate harmoniously to themselves and to the residential structures
surrounding the property.
In addition to the above general review standards, site plan applications shall meet the following
Tecific standards as set forth in Section 14.07 of the South Burlington Land Development
Regulations:
(a) 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.
As noted already, the applicant has provided a 20' wide right-of-way from the proposed private
roadway to the property to the north, for possible future use. Therefore, this requirement is being
met. Also, a pedestrian easement must be provided connecting the property to the north, through the
subject property to Imperial Drive, through Lot C.
(b) 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, services, and service modifications shall be underground.
(c) All dumpsters and otherfacilities 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 Lot A of the subject planned unit development. This dumpster is
screened with a 6 ft. picket fence.
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Landscaping
Pursuant to Section 13.06(A) of the South Burlington 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 South Burlington Land Development Regulations requires parking facilities to be curbed and
landscaped with appropriate trees, shrubs, and other plants including ground covers. The proposed
hedge to the south of the proposed parking area is sufficient to meet this requirement and to serve as
a buffer between the site and the adjacent neighbors.
Pursuant to Section 13.06(B)(4) of the South Burlington Land Development Regulations, snow
storage areas must be shown on the plans. The plans snow storage areas for the subject property.
Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the South
Burlington Land Development Regulations, and shall be prepared by a landscape architect or
professional landscape designer. Based on the proposed project costs, the minimum landscape
requirement is $13,300. The applicant has submitted a landscape plan and landscape budget that
indicates $14,110 of landscaping is proposed for the site.
The City Arborist reviewed and approved the plans on July 23, 2003.
DECISION
Based on the above Findings of Fact, the South Burlington Development Review Board hereby
approves final plat application #SD-03-80 of Brian and Alice Waxler, 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 incorporate the recommendations of Heindel and Noyes, as
outlined in their report dated October 30, 2003. In addition, the applicant's engineer shall certify
that the Heindel and Noyes recommendations have been included in the final plans.
b) The plans shall be revised to remove parking spaces #20-22. The space that parking spaces #20-
22 consumes shall be paved and remain open for emergency vehicle access.
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c) The plans shall be revised to show the curb -cut adjacent to unit #103 rounded out to make the fire
hydrant more accessible.
d) The plans shall be revised to show a ten (10) ft. wide pedestrian easement connecting the
property to the north of the subject property with Imperial Drive, through the subject project and Lot
C.
e) The table on sheet 1 of the plans describing zoning requirements shall be revised to remove
references to a "draft ordinance".
f) The plans shall be revised to comply with the requests of the South Burlington Water
Department, as outlined in the letter from Jay Nadeau, dated January 8, 2004.
g) The plans shall be revised to comply with the requests of the South Burlington Fire Department,
as outlined in the letters from Chief Brent dated October 6, 2003 and January 15, 2004.
h) The plans shall be revised to comply with the requests of the City Engineer, as outlined in his
comments dated December 11, 2003, including:
1. Shelburne Road sidewalk at entrance shall be replaced with an 8" thick sidewalk.
2. Footing drains for each building shall be shown on the plans.
3. Trees shall not be planted on top of the sewer and water mains.
4. Benchmarks shall be noted on the plans.
4. The applicant must comply with the requests of the South Burlington Water Department, as
outlined in the letter from Jay Nadeau, dated January 8, 2004.
5. The applicant shall comply with the requests of the South Burlington Fire Department, as
outlined in the letters from Chief Brent dated October 6, 2003 and January 15, 2004.
6. The applicant shall comply with the requests of the City Engineer, as outlined in his comments
dated December 11, 2003.
7. Stormwater drainage plans must demonstrate compliance with the Vermont Stormwater
Management Manual, pursuant to Section 15.13(F) of the Land Development Regulations.
8. The applicant shall obtain wastewater allocation approval from the Director of Planning and
Zoning, Juli Beth Hoover, prior to issuance of a zoning permit.
9. The water and sewer lines serving the proposed development shall remain private.
10. 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.
11. Exterior lighting shall comply with Section 13.07 of the Land Development Regulations.
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12. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
13. The applicant shall record a "Notice of Condition" in the South Burlington land Records,
approved by the City Attorney, which states that they will grant an access easement to the property
to the north for access through the subject property if and when the Development Review Board
requires any development on the property to the north to connect to the subject property. This legal
document shall be recorded prior to recording of the final plat plans.
14. 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.
15. The applicant shall submit written confirmation from the U.S. Postal Service approving the
proposed mail delivery system, prior to recording of the final plat plans.
16. The applicant shall post a landscape bond for $13,300, 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.
17. Pursuant to Section 15.08 (D) of the South Burlington 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. ensures that the garages will not be converted to living space or used as primary
storage areas;
b. prohibits clearing or disturbance of land within wetlands or wetland buffers, based on
language recommended by the Natural Resources Committee in their memo to the
Development Review Board dated September 24, 2003;
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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.
18. All appropriate legal documents (e.g. irrevocable offer of dedication and warranty deed for
the pedestrian easement) shall be submitted to the City Attorney for approval and recorded in the
South Burlington Land Records, prior to issuance of the first zoning permit.
19. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
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20. The final plat plans (sheets 1 of 5 and the survey plat) 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. Prior to recording the final plat plans, 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.
John Dinklage
Chuck Bolton
Mark Boucher
Roger Farley
Michele Kupersmith
Larry Kupferman
Gay'IeQt6hby
Signed on the 3`d day of February, 2004
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