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Home My WebLink AboutSP-13-33 - Decision - 0074 0110 0144 South Jefferson Road#SP-13-33 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SOUTH VILLAGE COMMUNITIES, LLC 74-110-144 SOUTH JEFFERSON AVENUE SITE PLAN APPLICATION #SP-13-33 FINDINGS OF FACT AND DECISION South Village Communities, LLC, is seeking site approval to construct two (2) 12 unit multi -family dwellings and one (1) 10 unit multi -family dwelling, 74, 110 and 144 South Jefferson Avenue. The Development Review Board held a public hearing on July 16, August 20, and September 3, 2013. Dave Marshall & Greg Rabideau represented the applicant. Based on testimony provided at the file for this application, the Development Review Board finds, concludes, and decides above mentioned public hearing and the plans and supporting materials contained in the document the following: FINDINGS OF FACT 1. South Village Communities, LLC, hereinafter referred to as the applicant, is seeking site approval to construct two (2) 12 unit multi -family dwellings and one (1) 10 unit multi -family dwelling, 74, 110 and 144 South Jefferson Avenue. 2. The owner of record of the subject property is South Village Communities, LLC. 3. The application was received on June 14, 2013. 4. The subject property is located in the Southeast Quadrant Neighborhood Residential Zoning District. 5. The plans submitted consist of a 23 page set of plans, page one (1) entitled "South Village Spear Street & Allen Road South Burlington, VT Phase 1 Subdivision Plat", prepared by Civil Engineering Associates, Inc., dated July 2004, and last revised on 8/30/10. Zoning District & Dimensional Requirements The subject lot is part of a previously approved master plan for the entire Planned Unit Development known as South Village. Setback requirements are met. Building coverage is calculated at 34.5% (maximum approved per Master Plan is 50%) and is also met. The proposed project meets dimensional requirements and limits for overall coverage which had been approved as part of the Master Plan approval (#MP-04-01 and the amendment #MP-05-02). The overall coverage is proposed to be 65.0% (maximum approved per the MP is 65%). SP_13_33_74-110-1445_lefferson_SouthVi IIage_ffd #SP-13-33 6. The Board finds that these requirements are being met. Height Section 3.07(C)(1) states that "Where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a height greater than that permitted in these Regulations, such approved maximum height shall remain in effect." The maximum height at time of the Master Plan approval was 40 feet for a pitched roof structure. The heights of the proposed pitched -roof buildings are as follows: • Building A = 32.7 ft. • Building B = 29.1 ft. • Building C = 29.8 ft. 7. The Board finds that all buildings will comply with the height limitation. 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. The 34 units of housing will require 68 spaces calculated as 2 spaces per unit as the spaces will not be reserved. The applicant proposes a total of 68 spaces on the property itself: 44 underground spaces and 24 surface parking spaces. The applicant also notes that eight (8) parallel parking spaces will be constructed along the south side of South Jefferson Avenue. The applicant notes that the SBLDR and the ADAAG require that the 68 combined spaces include three (3) handicap spaces. In response to concerns discussed at the August 20`h meeting these 3 handicap spaces are now proposed to be located in the off-street parking areas and are noted on the revised plans submitted on August 23rd. Pedestrian movement is adequate between buildings. 8. The Board finds that this standard is being met. (b) Parking shall be located to the rear or sides of buildings. Parking is proposed to be located to the side and underneath of the buildings. Section 13.01(G) (5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. Bicycle racks are shown on the plans (one (1) for each building). (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. SP_13_33_74-110-144S_Jefferson_SouthVillage_ffd 2 #S P-13-33 The proposed buildings are a pitched roof type structure. The maximum allowable height in the district is currently 28 feet for a pitched roof. The proposed buildings are between 29.1' and 32.7' high at the midpoint of the sloped roof. Section 3.07 (C) of the LDRs states that "where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a height greater than that permitted in these Regulations, such approved maximum height shall remain in effect ". The structures were approved as part of a Master Plan prior to 1/9/12 so the current height limit does apply. 9. The Board finds that no height waiver is requested or required. (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 no comments. (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. 10. The Board finds that the proposed buildings are in compliance with this criterion. (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. The applicant has submitted elevations of the proposed buildings. 11. The Board finds that the proposed buildings are in compliance with this criterion. Site plan applications shall meet the following specific 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. The proposed buildings are accessed via two curb cuts. Furthermore, the overall layout of the subdivision has been reviewed as part of Master Plan review and as a 3-step PUD. 12. The Board finds that this this criterion has been met. (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. SP_13_33_74-110-144S_J effe rso n_So ut hV i I lage_ffd #SP-13-33 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). The applicants are proposing to locate the trash and recycling facilities in an enclosed area on the south side of the parcel between Buildings 50B and 50C. No details on the enclosure are provided. 13. The Board finds that these plans should be revised to include the details of the dumpster enclosure. (d) Landscaping and Screening Requirements Based on submitted building costs of $3,600,000, the minimum landscaping budget should be $43,500. The applicant's current on -site landscaping budget for acceptable trees and shrubs is $43,500. 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. Snow storage will be off -site and the plans should be revised to note this. The landscaping plan depicts a "Japanese Pagoda Tree" within the street right-of-way at the northeast corner of the site. This tree should be relocated so that it located on -site. 14. The landscaping plan should be revised to relocate the "Japanese Pagoda Tree" located at the northeast corner of the site such that it is placed on -site. 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 submitted revised lighting details on August 23rd in response to concerns identified at the August 201h meeting. Different luminaires and rear shields are now proposed to reduce the lighting levels to comply with the 0.3 fc standard. 15. The Board finds that these standards are being met. Other — Units in a Structure Section 9.05(B) of the LDRs limits the number of units in a building to four (4), and provides the following: "Where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a greater number of dwelling units than those permitted in these Regulations, such approved number of units in a structure shall remain in effect". SP_13_33_74-110-1445_Jefferson_SouthVillage_ffd 4 #SP-13-33 16. The Board finds that the proposed two (2) 12 unit buildings and the 10-unit building were approved as part of the South Village Master Plan on this lot and are therefore in compliance. DECISION Motion by Tim Barritt, seconded by Bill Miller, to approve the site plan application #SP-13-33 of South Village Communities, LLC, 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 plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Prior to permit issuance, the applicant shall post a $43,500 landscaping bond. 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. 4. Any new exterior lighting shall consist of downcasting fixtures. Any change to approved lights shall require approval of the Administrative Officer prior to installation. 5. Prior to permit issuance, the applicant shall obtain final wastewater allocation. 6. The applicant shall adhere to the comments of the Fire Chief in his letter dated August 13, 2013. 7. 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. 8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 9. The site plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plan shall be submitted to the Administrative Officer prior to permit issuance. a. The landscaping plan shall be revised to show the "Japanese Pagoda Tree", which is located at the northeast corner of the site, relocated such that it is placed on -site. b. The site plan shall be revised to indicate that snow storage will be off -site. c. The site plan shall be revised to include details of the dumpster enclosure. 10. 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. 11. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the buildings. S P_13_33_74-110-144S_J effe rso n_Sout h V i l lage_ffd I #S P-13-33 12. Any changes to the site plan shall require approval of the South Burlington Development Review Board. Tim Barritt— yea nay abstain not present Mark Behr — yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present David Parsons yea nay abstain not present Michael Sirotkin — yea nay abstain not present Jennifer Smith — yea nay abstain not present The application was approved by a vote of 5 — 0 — 0 Signed this 201h day of September 2013, by Digitally signed by Mark C. Behr Mark C. BQ h r em cn=Mark C. Behr, o, ou, email=mark@rhbpccom, c=US Date: 2013.09.20 15:12:32-04'00' Mark Behr, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontiudiciary.org/GTC/environmental/defauIt.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with to speak with the regional Permit Specialist. SP_13_33_74-110-144S_Jefferson_SouthViIlage_ffd 6