HomeMy WebLinkAboutSD-03-69 - Decision - 1242 Shelburne RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
BRIAN & ALICE WAXLER— PLANNED UNIT DEVELOPMENT
PRELIMINARY PLAT APPLICATION #SD-03-69
FINDINGS of FACT AND DECISION
Brian and Alice Waxler, hereafter referred to as the applicants, are requesting preliminary plat
plan approval for a 2-lot, 7-unit Planned Unit Development (PUD) consisting of an existing
12,000 sq. ft. retail building on Lot A, a 7-unit multifamily structure on Lot B, and a boundary
line adjustment between Lot B and Lot C . The subject property contains 2.9 acres and is located
in the Commercial 1 (C I) and Residential 4 (R4) Districts. The South Burlington Development
Review Board (DRB) held a public hearing on October 7, 2003. 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 applicant requesting preliminary plat plan approval for a 2-lot, 7-unit Planned Unit
Development (PUD) consisting of an existing 12,000 sq. ft. retail building on Lot A, a 7-unit
multifamily structure on Lot B, and a boundary line adjustment between Lot B and Lot C, 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 (C 1) and
Residential 4 (R4) Districts.
4. The plans consist of four (4) sheets 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 September 9, 2003, 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 reviewed the sketch plan on May 6, 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
I Required
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%
�l Min. Front Setback
30 ft.
176 ft.
Min. Side Setback
15 ft.
15 ft.
Min. Rear Setback
30 ft.
112 ft.
Max. Building Height
40 ft.
28 ft.
zoning compliance
Section 3.06(H) of the 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 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). 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 prior to final plat approval by the DRB.
PLANNED UNIT DEVELOPMENT STANDARDS
Section 15.13(F) of the 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 sketch plan did not include
stormwater management plans.
Pursuant to Section 15.18 of the proposed 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.
(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 4 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 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. The Development Review Board notes the proposed 20' wide road includes a 4' wide
sidewalk. It appears this sidewalk would reduce the actual road width down to 16', which does
not conform to the requirements set forth in Table 15-1 of the Land Development Regulations.
This reduction in width will require a waiver. Circulation is two-way throughout the site and the
Development Review Board 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 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. The Development Review Board does not feel and traffic calming measures are
necessary for this project.
(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 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. They
recommended approval of the application with three (3) conditions.
(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 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.
(f) 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. The Development Review
Board feels 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.
The Fire Chief has reviewed the plans.
(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. The Development
Review Board feels that this requirement is being met.
(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 Land Development Regulations. The outdoor lighting plan must comply with Section 13.07 of
the Land Development Regulations. The plans show one (1) 15' pole light with 175-watt MH cutoff
fixtures. Exterior lighting details were not submitted with the preliminary plat application. The plans
show the location of the utility cabinet, but do not depict any form of screening of the cabinet. The
City Engineer has reviewed the plans revised on September 9, 2003.
(j) 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. The Development Review Board feels the 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 Land Development Regulations, any PUD 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 areas.
The Development Review Board feels 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 recommended that a 4' wide sidewalk
be constructed connecting the development to Shelbume Road (letter attached). The revised
plans depict this 4' wide sidewalk along the proposed roadway. The Development Review Board
feels the plans should depict a pedestrian easement connecting the subject property to Imperial
Drive to provide safe pedestrian access. The Development Review Board should consider
requiring a sidewalk be constructed along the entire length of the private road to Shelburne Road.
According to Table 13-1 in Section 13.01(B) of the Land Development Regulations, the proposed
project requires a minimum of 16 parking spaces. The plans show a total of 19 parking spaces, 14
of which are located in garages and driveways. The additional 5 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 Land Development Regulations.
Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees,
residents, and visitors to the site. No bicycle parking facilities are shown for the site.
(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 Development Review
Board notes that 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 Development Review Board feels 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 extent feasible, be underground.
The Development Review Board has already noted that the utility lines must 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.
No information on architectural elements is provided.
(f) 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.
Again, details of architectural elements need to be provided with the final plat plan.
In addition to the above general review standards site plan applications shall meet the following
specific standards as set forth in Section 14.07 of the Land Development Requlations:
(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. The Development Review Board feels
that this requirement is being met. Also, staff has already noted that a pedestrian easement should
be provided connecting 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.
The Development Review Board has already indicated that utility lines must be underground.
(c) 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).
The Development Review Board has already indicated that dumpsters and appropriate
Landscaping
Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and
screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B)
requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other
plants including ground covers. The Development Review Board feels 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 Land Development Regulations, snow storage areas must
be shown on the plans. The plans do not show snow storage areas. City Engineer Bill Szymanski
has noted that the road providing access to the proposed residential units must have 5 ft. on each
side for snow storage.
Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the
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 (attached) that
indicates $14,110 of landscaping is proposed for the site.
The City Arborist reviewed and approved the plans on July 23, 2003
DFCISION
Motion by Gayle Quimby, seconded by Chuck Bolton, to approve Preliminary Plat Application
#SD-03-69, 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 final plat submittal shall include stormwater management plans that comply with Section
12.03 of the Land Development Regulations. Accordingly, the applicants must submit the
stormwater management plans to Heindel and Noyes for inclusion in the Bartlett Brook
Watershed computer model.
4. Stormwater drainage plans must demonstrate compliance with the Vermont Stormwater
Management Manual, pursuant to Section 15.13(F) of the Land Development Regulations.
5. Prior to final plat approval, the applicant must obtain final water allocation approval from the
South Burlington Water Department.
6. Prior to final plat approval, the applicant must comply with the requests of the South Burlington
Water Department, as outlined in the letters from Jay Nadeau, dated June 27, 2003 and October 1,
2003.
7. The applicant must obtain preliminary wastewater allocation approval from the Director of
Planning and Zoning, Juli Beth Hoover, prior to final plat plan approval.
8. 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.
9. The applicant must comply with the requests of the South Burlington Fire Department, as
outlined in the letter from Chief Brent dated October 6, 2003, prior to final plat plan approval.
10. Exterior lighting shall comply with Section 13.07 of the Land Development Regulations.
11. The applicant shall submit exterior lighting detail (cut -sheets) with the final plat plan submittal.
12. Prior to final plat approval, the plans shall be revised to show the utility cabinet(s) clearly
labeled and appropriately screened, pursuant to Section 13.18 of the Land Development
Regulations.
13. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
14. Prior to final plat approval, the applicant shall comply with the requests of the City Engineer, as
outlined in his comments dated September 12, 2003.
15. The applicant shall revise the plans to show a pedestrian easement connecting the subject
property to Imperial Drive, prior to final plat approval.
16. The plans shall be revised to show a bicycle rack prior to final plat approval.
17. That applicant shall submit architectural details with the final plat plan.
18. The plans shall be revised to clearly depict adequate snow storage areas prior to final plat
approval.
19. The plans shall be revised to indicate property addresses in conformance with 911 addressing
standards, prior to final plat approval.
20. 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.
21. According to the City Arborist's letter dated July 23, 2003, a detailed planting specification
shall be submitted prior to final plat approval.
22. Pursuant to Section 15.08 (D) of the 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;
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.
23. The Recreation Path Committee shall review the plans prior to final approval.
24. Prior to issuance of a zoning permit, the applicant shall record a "Notice of Conditions" in the
South Burlington Land Records, which has been approved by the City Attorney, indicating that the
applicant will provide the owner of the property to the north a 24' wide access easement, if deemed
necessary by the Development Review Board in conjunction with a plan approval for development
of the property to the north.
25. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, the
applicant shall submit a Certificate of Title, with the final plat submittal, 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.
26. The applicant shall submit a final plat plan application within 12 months of this decision or
this approval is null and void.
Chuck Bolton - yea/nay/abstain/not present
Mark Boucher - yea/nay/abstain/not present
John Dinklage - yea/nay/abstain/not present
Roger Farley - yea/nay/abstain/not present
Michele Kupersmith - yea/nay/abstain/not present
Larry Kupferman - yea/nay/abstain/not present
Gayle Quimby - yea/nay/abstain/not present
Motion Carried by a vote of 6-0-0.
Signed the d day of October, 2003, by
John Dinklage, C air