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HomeMy WebLinkAboutSP-08-25 - Decision - 0018 Southview Drive#SP-08-25 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING GARDNER & SONS DEVELOPMENT CORP -18 SOUTHVIEW DRIVE SITE PLAN APPLICATION #SP-08-25 FINDINGS OF FACT AND DECISION Gardner & Sons Development Co, LLC, hereafter referred to as the applicant, is seeking site approval to construct a three (3) unit multi -family dwelling, 18 Southview Drive. The Development Review Board held a public hearing on Tuesday, May 6, 2008. Brad Gardner represented the applicant at the hearing. 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 site approval to construct a three (3) unit multi -family dwelling, 18 Southview Drive. 2. The owner of record of the subject property is Gardner & Sons Development Corp. 3. The subject property is located in the Residential 4 (R4) Zoning District. 4. The plans submitted consist of a five (5) page set of plans, page one (1) entitled, "Gardner & Sons Development Corp. 18 Southview Drive Site Plan South Burlington Vermont," prepared by Champlain Consulting Engineers, dated 3/11/08, last revised on 4/25/08. Zoning District & Dimensional Requirements The proposed building and lot sizes meet the dimensional standards set forth in the South Burlington Land Development Regulations for the district. The appropriate building setbacks are met. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations 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. - 1 - #SP-08-25 Access to the triplex is proposed via two curb cuts on Southview Drive. The Board has no concerns with the proposed curbcuts. The three proposed units require 8 parking spaces. The site plan includes parking for 9 vehicles (three spaces in garages, six spaces in the proposed driveways). (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is proposed to be located to the front of the building. This is standard given the proposed type of residential use; the Board recommends no changes. (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 height of the building is proposed to be below 30 feet. This is below the maximum height of 40 feet for a peaked roof. No height waivers are requested or needed. (d) 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 Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The South Burlington Water Department has reviewed the plans and provided comments in a letter dated April 16, 2008. (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 has submitted elevations of the proposed buildings. (fJ 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 applicant has submitted elevations of the proposed buildings. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington 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 -2- #SP-08-25 in the area. There is no need for additional access to abutting properties. (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 Land Development Regulations, any new utility lines, services, and service modifications shall 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). No dumpsters are proposed. (d) Landscaping and Screening Requirements Based on submitted building costs of $414,000, the minimum landscaping budget should be $10,780. The applicant is proposing $11,655 in new landscaping. The City Arborist has reviewed the plans and issued comments as follows: ■ There are three street trees which are currently planted in the area where the applicant is proposing to locate the new driveways. These trees shall be properly excavated and moved to a new location chosen by the City Arborist, and under supervision of the City Arborist. ■ It is unclear which type of hedge the applicant is proposing to delineate the wetland area. One sheet shows "cedar hedge" while another shows "privet" and the landscaping schedule shows "sprirea." The applicant should clarify this and all plans shall be made consistent and shall be approved by the City Arborist. The plans do not include any landscaping around the utility cabinets. This should be revised and the utility cabinets should be screened to the satisfaction of the Board. Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall depict snow storage areas that will minimize the potential for run-off. No snow storage areas are shown on the plans. Lighting Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of -way. The applicant has not submitted any lighting details. Lighting cut sheets should be submitted and the proposed lighting shall meet the standards set forth in the South -3- #S P-08-25 Burlington Land Development Regulations. Wetlands The applicant is proposing permanent and temporary (construction) encroachments into a Class II wetland buffer on the property. There will be approximately 1131 sf of permanent Class II wetland buffer encroachment, as well as 828 sf of temporary encroachment for a sanitary sewer line. The applicant is also proposing 603 sf of temporary Potash Brook buffer encroachment. The applicant has obtained a Conditional Use Determination from the State of Vermont for the wetland buffer encroachments. Upon reading the report from Julie Foley, District Wetlands Ecologist, the Board concurs that the encroachment will not result in any undue, adverse effects to the protected functions of the wetland. The Board also recommends additional measures to protect the remaining buffer and the wetland. Specifically, there shall be no use of pesticides or other chemicals within the wetland buffer. The applicant has proposed a hedgerow to delineate the buffer. This is sufficient. The wetland buffer shall not be used recreationally; to help ensure that this is the case, the wetland buffer shall not be mowed and may only be brush -hogged a maximum of three times per year. The proposed building exceeds the required 100 foot buffer from the Potash Brook. Pursuant to Article 12 of the South Burlington Land Development Regulations, all lands within the stream buffer shall be left in an undisturbed, naturally vegetated condition. DECISION p Motion by CSry r y seconded by 611Fn Fm LE-" to approve Site Plan Application #SP-08-25 of Gardner & Sons Developmene Corp, subject to the following conditions: 1. All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. This project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) 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 Water Department as outlined in a letter dated April 16, 2008. b. The landscape plan shall be revised to clarify the type of hedge proposed to delineate the wetland buffer. BEI! #S P-08-25 c. The plans shall be revised to comply with the requests of the City Engineer as outlined in his memorandum dated April 24, 2008. d. The plans shall be revised to show landscaping around the utility cabinets to the satisfaction of the City Arborist. e. The plans shall be revised to show snow storage areas. f. The plans shall be revised to show a bicycle storage rack. 4. The applicant shall adhere to the comments of the South Burlington Water Department per the letter dated April 16, 2008. 5. The applicant shall adhere to the comments of the City of South Burlington Engineer per the memo dated April 24, 2008. 6. Any new exterior lighting shall consist of downcasting fixtures. Prior to permit issuance, the applicant shall submit exterior lighting details (cut -sheets) for all proposed lights. 7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 8. The applicant shall obtain final wastewater allocation from the Director of Planning and Zoning or designee prior to permit issuance. 9. There shall be no use of pesticides or unnatural chemicals within the wetland or wetland buffer. 10. No trees or other vegetation shall be removed within the 100 foot buffer from the centerline of the Potash Brook. 11. Any areas within the stream area which are disturbed during construction shall be reseeded with a naturalize mix of grasses rather than standard lawn grass. 12. Prior to permit issuance, the applicant shall post a landscaping bond in the amount of $10,780. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. This bond shall also be used as surety for the transplanted street trees. Should any of these trees die within three (3) years of transplanting, the applicant shall be responsible for replacing the trees at the direction of the City Arborist. 13. The three (3) street trees to be relocated shall be properly excavated and moved to a new location chosen by the City Arborist, and under his supervision. 14. The wetland buffer shall: 1) not be used recreationally, 2) not be mowed, and 3) only be brush -hogged a maximum of three (3) times per year. -5- r' #SP-08-25 15. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 16. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the triplex. 17. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr —(yenay/a Matthew Bimi ngham - John D�inklage —ea(Rogearley — e4e/r a� Eric Knudsen — ea Peter Plumeau — Gayle Quimby — year �tain/not present ay/abstain/not present r/abstain/not present abstain/not present abstain/not present /abstain/not present abstain/not present Motion carried by a vote of S- � -(-> Signed this day of 2008, by John Din laje, 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). '1•9,'