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HomeMy WebLinkAboutSP-15-60 - Decision - 0109 0127 Churchill Street#S P-15-60 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SOUTH VILLAGE COMMUNITIES, LLC— 334 UNIT PLANNED UNIT DEVELOPMENT 109 & 127 CHURCHILL STREET SITE PLAN APPLICATION #SP-15-60 FINDINGS OF FACT AND DECISION Site plan application #SP-15-60 of South Village Communities, LLC to construct two (2) 12-unit multi- family dwellings, 109 & 127 Churchill Street. The Development Review Board held a public hearing on October 20, 2015 and November 17, 2015. Robin Jeffers and David Burke 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 1. South Village Communities, LLC, hereinafter referred to as the applicants, are seeking Site Plan approval to construct two (2) 12-unit multi -family dwellings, 109 & 127 Churchill Street. 2. The owner of record of the subject properties is South Village Communities, LLC 3. The application was received on July 17, 2015. 4. The subject property is located in the Southeast Quadrant -Neighborhood Residential -Zoning District. 5. The proposed buildings are part of Phase II of the South Village development. The plan submitted consists of twenty-nine (29) pages with page one (1) entitled "South Village Communities, LLC Spear Street South Burlington, VT Multi -Family Building Lot Plan'; prepared by O'Leary -Burke Civil Associates, PLC, and dated September 23, 2015. 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. As discussed during the Master Plan approval, the applicant had asked that the preliminary and final plat reviews of each of the three phases be limited to single-family, two-family, and three-family dwelling units. Thus, any buildings with greater than three dwelling units, in addition to the school, will be reviewed under separate Site Plan reviews. The DRB approved this Master Plan approach. The dimensional standards outlined in Table C-2 of the Land Development Regulations were altered though the Master Plan approval process for the subject property. The proposed project will meet all dimensional requirements and limits which had been approved as part of the Master Plan approval (MP-04-01 and the amendment MP-05-02). Building coverage is #SP-15-60 calculated at 37.3% (maximum approved per MP is 50%) and the overall coverage is proposed to be 63.1% (maximum approved per the MP is 65%). Waivers were previously granted for the front yard setback from 20 ft. to 10 ft. and for the rear yard setback from 30 ft. to 5 ft. 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 24 units of housing will require 54 spaces calculated as two (2) spaces per unit plus one (1) additional space for every four (4) dwelling units. The applicant proposes a total of 57 spaces on the property itself: 48 underground spaces and nine (9) surface parking spaces. 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. The proposed buildings are a pitched roof type structure with a maximum height of 40 ft. The maximum allowable height in the district is currently 28 feet for a pitched roof, however Section 3.07 (C) (1) LDRs applies, which reads as follows: "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 Board finds that the standard in effect then was a 40 ft. maximum for a pitched roofed structure. C. Maximum Height. Except as allowed below in this section 3.07, the requirements of Table C-2, Dimensional Standards, shall apply. (1) 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. See discussion above. The proposed buildings are 40 ft. high at the midpoint of the sloped roof. Therefore 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. 2 #SP-15-60 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. The Board finds the proposed buildings to be in compliance with this criterion. See also discussion of Section 9.08(C) (2) below. (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. The Board finds the proposed buildings to be 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 leading to the parking garages underneath each building and a third curb cut to access the above ground parking lot. Furthermore, the overall layout of the subdivision has been reviewed as part of Master Plan review and as a 3-step PUD. The Board finds this criterion to be 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. 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 two enclosed areas, one on the northwest portion of the lot and one near the eastern portion of the lot. A rendering of the proposed dumpster fencing is shown. The Board finds this criterion to have been met. (d) Landscaping and Screening Requirements 3 #SP-15-60 Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to planned unit development review. The minimum landscape requirement for this project is determined by Table 13-9 of the South Burlington Land Development Regulations. The costs of street trees are above and beyond this minimum landscape requirement. The total construction cost for the buildings are $1,730,000. The minimum landscaping requirement is calculated as follows: Total Building Construction or Building Improvement Cost % of Total Construction/ Improvement Cost Cost of proposed project $0 - $250,000 3% $7,500 Next $250,000 2% $5,000 Additional over $500,000, 1% $12,300 Minimum Landscaping $ >> $24,800 The applicant is proposing the planting of shrubs, shade and flowering trees, evergreen trees and ground cover. The value of these plantings, exclusive of the groundcover is $32,521. The Board finds this standard to be met. 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. In its revised plan and accompanying letter submitted on November 6, 2015 a large snow storage area is shown to the west of the surface parking lot and the applicant has indicated that excess snow would be trucked off site if necessary. 9.08 SEQ-NR &NRT Sub -District; Specific Standards The SEQ-NRT sub -district has additional dimensional and design requirements, as enumerated in this Section. A....... B......... C. Residential Design (1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for single family and multi family buildings must face the street. Secondary building entries may open onto garages and/or parking areas. (Special design guidelines apply to arterial streets). The primary entries to both buildings face Churchill Street. The Board finds this standard to be met. (2) Building Facades. Building facades are encouraged to employ a theme and variation approach. Buildings should include common elements to appear unified, but facades should be varied from one building to the next to avoid monotony. Front porches, stoops, and balconies that create semi -private space and are oriented to the street are encouraged. The proposed facades incorporate the recommended approach. The Board finds this standard to be met. While the two (2) buildings will have identical styles and architecture, they are intermixed with 11 #SP-15-60 other housing. If/when additional multi -family buildings are proposed in Phase II, the Board will revisit this issue and may at that time require additional variation. (3) Front Building Setbacks. In pedestrian districts, a close relationship between the building and the street is critical to the ambiance of the street environment. Buildings should be set back twenty-five feet (25') from the back of sidewalk. As part of its Master Plan approval the front setback multi -family units was reduced from 20 ft. to 10 ft. The Board finds that setback requirements for these two proposed buildings are met. (4) Porches, stoops, and balconies may project up to eight feet (8') into the front setbacks. Porch, stoop and balcony areas within the front setback shall not be enclosed or weatherized with glazing or other solid materials. As part of its Master Plan approval the front setback for multi -family units was reduced from 20 ft. to 10 ft. None of the porches, stoops or balconies project into this setback. The Board finds this criterion to be met. (5) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. The front building line of the garage must be set behind the front building line of the house by a minimum of eight feet. These units are serviced by underground parking and a small surface lot. The Board finds this criterion to be not applicable. (6) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and affordability is encouraged within neighborhoods and developments. These should be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near -identical units. As part of its Findings for #SD-14-33, the Board found that the proposed mix of single family homes, duplexes and two multi -family dwellings also makes the development compliant with this standard. The proposed changes to the PUD in this application do not change this finding. However, if/when additional multi -family buildings are proposed in Phase II, the Board will revisit this issue and may at that time require additional variation. 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 a lighting plan and associated specification sheets. With its November 6, 2015 revisions (cf. Plan Sheet 3), the applicant added a Parking Lot (Pole Mounted) Light. The Board finds this criterion to be met. Other — Units in a Structure #SP-15-60 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". The Board finds that the proposed two (2), 12 unit buildings were approved as part of the South Village Master Plan on this lot and are therefore in compliance. Other - Fire Chiefs Comments In an email to staff dated October 8, 2015 the Fire Department commented as follows: 109-127 Churchill- Twins to the south Jefferson 12 plexs- require afire sprinkler and fire alarm system DC Terence Francis, CFI Fire Marshal South Burlington Fire Department The applicant submitted a revised Plan Sheet 11 on November 9, 2015 via email to show the "Multi - Family Buildings Water/Sprinkler Connection" detail while the revised plans submitted on November 6, 2015 include detail on installation of smoke detectors and carbon monoxide detectors. The Board understands that the applicant will consult with the Fire Department to confirm proper installation and testing of a fire sprinkler and fire alarm system prior to receipt of an occupancy permit. Other - Stormwater In an email to staff dated October 6, 2015 the Public Works Department commented as follows: Our comments have been sufficiently addressed. The DRB should include a condition requiring the applicant to regularly maintain the stormwater treatment practice. Thanks, Dave David P. Wheeler Assistant Stormwater Superintendent The Board finds that the applicant shall regularly maintain the stormwater treatment practice. Other — Utility Cabinets The applicant's engineer has indicated that these buildings are to be substantially identical to those constructed on South Jefferson Road and therefore would have exterior located HVAC units. With regards to the City's Performance Standards concerning noise, the applicant's representative indicated in testimony at the October 20, 2015 meeting that these are heat pump units are extremely quiet. The applicant's revised plans submitted on November 6, 2015 indicate the location of the units and associated landscaping. The Board finds this criterion to be met. #SP-15-60 nFrICInm Motion by Bill Miller, seconded by Jennifer Smith, to approve site plan application #SP-15-60 of South Village Communities, LLC, subject to the following conditions: 1. All previous approvals and stipulations for the South Village project must remain in full effect except as amended herein. 2. This project must 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 must post a $24,800 landscaping bond. This bond must 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 must consist of downcasting fixtures. Any change to approved lights shall require approval of the Administrative Officer prior to installation. 5. The applicant must consult with the Fire Department to confirm proper installation and testing of a fire sprinkler and fire alarm system prior to receipt of an occupancy permit. 6. Prior to permit issuance, the applicant must obtain final wastewater allocation. 7. The proposed project must 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 must 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 must be underground. 9. The applicant must regularly maintain the stormwater treatment practice. 10. The applicant must obtain a zoning permit for both buildings within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 11. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the buildings. 12. Prior to issuance of a zoning permit for the buildings, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 13. Any changes to the site plan will require approval of the South Burlington Development Review Board. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Matt Cota — yea nay abstain not present 7 #SP-15-60 Bill Miller— yea nay abstain not present David Parsons— yea nay abstain not present Jennifer Smith — yea nay abstain not present John Wilking — yea nay abstain not present Motion carried by a vote of X— 0 — 0. 3 �DEIOOM�'eL-- Signed this day of 2015, by Tim Barritt, 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 S75 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://vermont*udiciary.org/GTC/environmental/default.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 the regional Permit Specialist.