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HomeMy WebLinkAboutSD-23-10 - Supplemental - 0255 Kennedy Drive (16) 180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com July 11, 2022 Re: #SP-22-008 & #CU-22-01, 255 Kennedy Drive Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Development Review Board concerning your recent applications. Please note the conditions of approval including that a zoning permit must be obtained within twenty-four (24) months. If you have any questions, please contact me. Sincerely, Marla Keene Development Review Planner Encl. CERTIFIED MAIL-Return Receipt Requested # 7022 0410 0001 2736 0975 #SP-22-008 & #CU-22-01 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING O’BRIEN HOME FARM, LLC –255 KENNEDY DRIVE SITE PLAN APPLICATION #SP-22-008 & CONDITIONAL USE APPLICATION #CU-22-01 FINDINGS OF FACT AND DECISION Site plan application #SP-22-008 and conditional use application #CU-22-01 of O’Brien Farm Road, LLC to construct a 52-space commercial parking lot on an existing 4.3 acre undeveloped lot for the use of tenants on the adjoining multifamily residential lots, 255 Kennedy Drive. The Development Review Board held a public hearing on March 15, 2022, May 4, 2022, and June 21 2022. Evan Langfeldt, Scott Homsted, Roger Dickinson, Andrew Gill, Jeff Hodgson, Carolyn Orben, and Tim Smith represented the applicant. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant, O’Brien Farm Road, LLC is seeking to construct a 52-space commercial parking lot on an existing 4.3 acre undeveloped lot for the use of tenants on the adjoining multifamily residential lots, 255 Kennedy Drive. 2. The owner of record of the subject property is O’Brien Home Farm, LLC. 3. The applications were received on February 3, 2022. 4. The property lies within the Residential 12 Zoning District and the Commercial 1-Limited Retail Zoning District. It is also located in the Transit and Traffic Overlay Districts. 5. The most recent approval for the property was preliminary plat approval #SD-20-40, which preliminarily approved a 102.6 acre PUD consisting of 147 homes, 19 commercial development lots, and 25.1 acres of undeveloped space (O’Brien Eastview). In approval #SD-20-40, the area of the subject application was conceptually represented as containing commercial parking, though the details of that proposal were not reviewed as part of the preliminary plat since it was represented as a “commercial lot,” for which the applicant only requested review of the subdivision of land, not of the proposed uses on the lots. Therefore this is the first application for commercial parking on this lot. 6. The parking lot will be for the use of the residents on Lots 13 and 15, and as noted in concurrent final plat application #SD-22-05, is necessary to meet required parking minimums for the homes proposed on those lots. The proposed area of this parking is not within the Master Plan or Preliminary Plat for O’Brien Hillside. 7. The project is subject to site plan review. Conditional use review is required because commercial parking is a conditional use in the C1-LR zoning district. Commercial parking is a prohibited use in the R12 zoning district. 8. This application was before the Board on March 15, 2022, in conjunction with concurrent final plat application #SD-22-05. The Board did not have time to review on March 15. The Board continued #SP-22-008 & #CU-22-01 2 the application to May 4 and June 21, and the applicant provided revised documents to Staff on the basis of the March 15 staff report on April 19, 2022. The below analysis reflects the updated plans. 9. The plans submitted consists of the following: Sheet No. Description Prepared By Last Revised Date C3 Lot 13 Site Plan Krebs & Lansing 12/01/2021 C5 Watershed Plan Krebs & Lansing 12/01/2021 C6 Soils Restoration Plan Krebs & Lansing 12/01/2021 C-7 Lot 17 Conditional Use Parking Krebs & Lansing 06/01/2022 C-7A Existing Conditions Plan Lot 17 Krebs & Lansing 06/01/2022 D1 & D2 Civil Details Krebs & Lansing 12/01/2021 D3, D4, & D5 Civil & Water Details Krebs & Lansing 12/01/2021 D6 Civil & Sanitary Details Krebs & Lansing 12/01/2021 D7 Civil & Storm Details Krebs & Lansing 12/01/2021 D8 & D9 Erosion Prevention & Sediment Control Details Krebs & Lansing 12/01/2021 EPSC2 Preconstruction Plan Krebs & Lansing 12/01/2021 EPSC3 & EPSC5 Construction Plan Krebs & Lansing 12/01/2021 EPSC6 Stabilization Plan Krebs & Lansing 12/01/2021 L100.1 Overall Landscape Plan Lots 13 & 15 Wagner Hodgson 06/03/2022 L100 Landscape Plan Lots 13 & 15 Wagner Hodgson 06/03/2022 L101 Landscape Plan Lots 13 & 15 Wagner Hodgson 06/03/2022 SL-1C Exterior Lighting Point Calculation Apex Lighting Solutions 12/14/2021 A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Commercial 1-LR12 Required Provided Min. Lot Size 40,000 sq. ft. 188,312 sq. ft. Max. Building Coverage 30% 0% Max. Overall Coverage 40% 12.7% Max. Front Setback Coverage 30% Unknown1 Min. Front Setback 30 ft. n/a Min. Side Setback 10 ft. n/a Min. Rear Setback 30 ft. n/a Building Height 4 stories n/a 1. The applicant has not provided a computation of front setback coverage, though it appears to be below the maximum of 30%. The Board finds the applicant must provide this information prior to issuance of a zoning permit. 3.03 District Boundaries C. Split Lots. Where a district boundary divides a lot which was in a single ownership at the time of passage of these regulations, the Development Review Board may permit, as a conditional use, the #SP-22-008 & #CU-22-01 3 extension of the regulations for either portion of the lot but not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot (See Article 14 for Conditional Use Review). This provision shall no apply to the boundary lines of any overlay or floating district. Since the applicant has elected to not subdivide the lands such that the proposed parking are is included in Lot 13 (see applicant’s cover letter “The reasons that this land is not simply incorporated into Lot 13, is simply to allow for the underlying density of the land to remain available to the Eastview planned unit development.”), the only way to approve parking on a lot without a principal building is to consider it a commercial or public parking facility. Such use is prohibited in the R12 zoning district but is permitted as a conditional use in the C1-LR zoning district. The Board approves application of the regulations of the C1-LR 50-ft into the R12 for Lot 17. The applicant has updated their plans to show the 50-ft adjustment as a cyan line, and has removed any parking spaces which are not fully contained within the C1-LR. Conditional use criteria are discussed below. B) SITE PLAN REVIEW STANDARDS 14.06 General Review Standards A. Relationship of Proposed Structures to the Site. (1) 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. No structures are proposed. There are a variety of shade trees proposed around the perimeter of the parking lot. Additional comments pertaining to landscaping are included under 13.04 below. The Board finds pedestrian movement to be addressed. The proposed parking is adequate to make up the deficit in required parking spaces on the adjacent lots 13 & 15. The Board finds this criterion met. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. This criterion is difficult to interpret, since there is no building proposed on the lot. The Board finds that though the parking must be considered a commercial parking since it is not associated with a principal structure, compliance with this criterion may be evaluated based on principal structures on adjacent lots. When measured using the location of the building on Lot 13, this criterion is met. C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. No buildings are proposed. The Board finds this criterion to be not applicable. #SP-22-008 & #CU-22-01 4 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. These standards are contained in Article 13. C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. Much of 15.A.14 pertains to the construction of streets, which are not applicable to this application. The applicable sections of 15.A.14 follow. 15.A.14(E) Access and Circulation. The applicant must demonstrate that the street network is arranged to meet applicable access management, traffic, and pedestrian circulation standards under these Regulations, including criteria for site plans under Article 14, Transect Zone Subdivisions under Article 9, or a type of Planned Unit Development under Article 15.C; and, for state highways, VTrans Access Management Program Guidelines in effect at the time of application. Unless otherwise specified under these regulations, the street network, including the location and arrangement of streets, must be designed to: (1) Provide a minimum of two (2) entrances or access points from an arterial or collector street to a subdivision with more than fifty (50) dwelling units on four (4) or more lots or within four (4) or more principal buildings, unless otherwise approved by the DRB in consultation with the City Engineer and Director of Planning & Zoning. Two entrances are proposed for the 251 dwelling units on Lots 13 & 15, though this criterion is not applicable because only two lots and two buildings are proposed. (2) Separate subdivision entrances by a minimum distance of four hundred (400) feet on either side of a public street, as necessary to ensure safe access and traffic movement into and out of the subdivision. Subdivision entrances on opposite sides of a public street may be allowed by the DRB if substantially aligned with each other. This criterion is met. (3) – (5) Pertain to street (as distinct from driveway) design and are not applicable. (6) Design intersections and other access points to City specifications to include curb radii necessary to accommodate anticipated vehicle types and speeds while also minimizing pedestrian crossing distances. (7) Provide for safe access to abutting properties for motorists, cyclists, and pedestrians, including safe sight distances, access separation distances, and accommodations for high-accident locations. The Board finds criterion (6) and (7) to be met. (8) Align access points with existing intersections or curb cuts and consolidate existing access points or curb cuts within the subdivision, to the extent physically and functionally feasible. #SP-22-008 & #CU-22-01 5 Curb cuts are not aligned but the Board finds they are substantially separated to circumvent safety concerns. Curb cuts are consolidated. (9) Minimize vehicular access points (curb cuts) to abutting properties and building lots along pedestrian-oriented street frontage; and provide, where physically feasible, shared vehicular access to frontage and other abutting building lots via rear alleys, side streets, service lanes, shared driveways, or rear cross connections between adjoining parcels. The Board finds this criterion met. F. Access to Abutting Properties. 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. See 13.02F below for discussion of access. G. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met. The Board finds this criterion met. C) CONDITIONAL USE REVIEW 14.10E. General Review Standards. The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. The parking is proposed to serve multifamily residential units for which a determination on the capacity of community facilities has already been made. The Board finds this criterion met. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. The Board finds the impacts of the proposed parking do not adversely affect the character of the area. (a) A multiunit dwelling project consisting of four or fewer units located in a district allowing multiunit dwellings may not be denied solely due to an undue adverse effect on the character of the area affected. N/A (3) Traffic on roads and highways in the vicinity. The parking is proposed to serve multifamily residential units for which a determination on traffic has already been made. The Board finds this criterion met. (4) Bylaws and ordinances then in effect. #SP-22-008 & #CU-22-01 6 The Board finds this criterion met. This document provides an evaluation of compliance with bylaws and ordinances. (5) Utilization of renewable energy resources. The Board finds this criterion met. D) SUPPLEMENTAL REGULATIONS 13.02 Off Street Parking and Loading F. Access management Requirements. It is the intent of the City to minimize traffic and pedestrian conflicts caused by vehicular driveways on public roadways by reducing the number of required driveways and by minimizing the number of vehicles utilizing such driveways off public roadways. All applicants must make an effort to reduce these impacts. All commercial lots (retail, restaurant, office, service uses, excluding residential, agricultural and industrial uses) located adjacent to other commercial lots must provide a driveway connection to any adjacent commercial lot. If the adjacent property owner does not want to provide for that connection, the applicant must provide an easement to do so in the future when circumstances may change. This driveway connection or easement should be located where vehicular and pedestrian circulation is most feasible. The applicant is proposing a single curb cut on Lot 17 to serve Lots 13 and 15 and to serve future development on Lot 17 from O’Brien Farm Road. The Board acknowledges that an additional curb cut(s) on Old Farm Road or Kennedy Drive may later be warranted and will be evaluated at that time. The Board finds the applicant’s proposal to have met this criterion for the current proposal. G. Design requirements for Parking Spaces, Parking Aisles, Lighting and Landscaping (1) Design requirements for off-street parking and loading are provided in Table 13-2 and Figure 13-1, Section 13.04, Landscaping, Screening, and Street Trees, and Section 13.07, Exterior Lighting. All paved parking spaces shall be striped or otherwise physically delimited. Dimensional requirements are met. Landscaping, screening and lighting are discussed below. (2) The location of parking areas and loading docks shall prevent conflicts with entering and existing traffic onto a public street and prevent conflicts between vehicles and pedestrians. The distance between access points and parking areas shall be adequate to minimize blockage and prevent back-ups onto the public street. With the proposed development program, The Board finds this criterion met. The Board notes that approval of this configuration may impact the applicant’s options in complying with this criterion for the future development of Lot 17. (3) Provision shall be made for access by police, fire and emergency vehicles. The Fire Chief reviewed the preliminary plat plans, which included the proposed parking and driveway on Lot 17. The Board finds modifications to the plans do not significantly alter what the Fire Chief would have reviewed. If changes are needed based on more detailed building inspector review, the zoning administrative officer will determine whether it is a field change or requires an amendment. The Board finds this criterion met. (4) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be separated from motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate sidewalks, shall be provided on the site and its approaches. The #SP-22-008 & #CU-22-01 7 pedestrian circulation on site shall be designed to minimize adverse effects of vehicular traffic on sidewalks and recreation paths. The Board finds this criterion met. (5) Bicycle parking or storage facility. See Section 13.03 (6) Stormwater management strategies that facilitate infiltration including but not limited to recessed planting islands, bioretention facilities, and pervious parking spaces are encouraged in the design of any off-street parking or loading area. Stormwater management is discussed under 13.05 below. 13.04 Landscaping, Screening & Street Trees B. Except for parking spaces accessory to a one-family or two-family dwelling, all off-street parking areas subject to review by the Development Review Board, shall be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers, as approved by the Development Review Board. Sections of recessed curb are permitted if their purpose is to allow stormwater runoff from the adjacent parking area to reach stormwater collection, treatment and management infrastructure. The Development Review Board shall consider the adequacy of the proposed landscaping to assure the establishment of a safe, convenient, and attractive parking area and the privacy and comfort of abutting properties. (1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees, shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of the parking lot from the public way and from adjacent uses and properties, and to provide shade and canopy for the parking lot. In some situations it may be necessary both for surveillance purposes and for the perception of safety to install the size and type of plants that leave visual access between the parking lot to the public way or other pedestrian areas. The Board finds the proposed grading and shrub buffer to meet this criterion. (2) In all parking areas containing twenty-eight (28) or more contiguous parking spaces and/or in parking lots with more than a single circulation lane, at least ten percent (10%) of the interior of the parking lot shall be landscaped islands planted with trees, shrubs and other plants. Such requirement shall not apply to structured parking or below-ground parking. The Board found in preliminary plat SD-20-40 for O’Brien Hillside that the applicant must meet this criterion for each parking lot rather than overall. The applicant has provided an exhibit in which they aggregate all the parking on Lots 13, 15 and 17 for the purpose of meeting this requirement. Since the parking on Lot 17 proposed is integral to approval of the buildings on Lots 13 & 15 (concurrent application #SD-22-05), the Board allows the applicant to aggregate the parking on Lots 13 and 15 with the parking on Lot 17 for the purpose of compliance with this criterion, and finds this criterion met. (3) All interior and perimeter planting shall be protected by curbing unless specifically designed as a collection and treatment area for management of stormwater runoff as per 13.04(B)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and shall have a minimum square footage of sixty (60) square feet. Large islands are encouraged. The Board finds this criterion met. (4) Landscaping Requirements #SP-22-008 & #CU-22-01 8 (a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting shall be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall be salt-tolerant. (b) At least one (1) major deciduous shade tree shall be provided within or near the perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. This criterion is met. (c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when measured on the tree stem, six (6) inches above the root ball. This criterion is met. (d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species should be grouped or located in a manner that reinforces the design and layout of the parking lot and the site. The Board finds this criterion met. (5) Planting Islands (a) Curbed planting islands shall be designed and arranged to define major circulation aisles, entrances and exits, provide vegetative focal points, provide shade and canopy, and break up large expanses of asphalt pavement. All islands shall be planted with trees, shrubs, grasses and ground covers. Plant materials judged to be inappropriate by the Development Review Board will not be approved. (b) Curbs of such islands shall be constructed of concrete or stone and shall be designed to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging the plants. Sections of drop curb are permitted if their purpose is to allow stormwater runoff from the adjacent parking area to reach stormwater collection and management infrastructure. (c) Islands are strongly encouraged to be graded and planted to serve as collection and treatment areas for stormwater management. It is recommended that sections of drop curb no greater than five feet in length be installed to allow stormwater to flow off the paved parking lot and onto the island for treatment. At the DRB’s discretion, curbless parking areas and planting islands may be allowed where these are specifically designed for stormwater management. However, ends and corners of such areas must be protected with curbing to prevent cars from driving over or parking on planted areas. Planting islands are curbed. Stormwater treatment in planting islands is not provided. Planting is provided. The Board finds these criteria met. (6) Snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface waters. The Board finds this criterion met. C. Screening or buffering. The Development Review Board will require landscaping, fencing, land shaping and/or screening along property boundaries (lot lines) whenever it determines that a) two adjacent sites are dissimilar and should be screened or buffered from each other, or b) a property’s #SP-22-008 & #CU-22-01 9 appearance should be improved, which property is covered excessively with pavement or structures or is otherwise insufficiently landscaped, or c) a commercial, industrial, and multi-family use abuts a residential district or institutional use, or (d) a parking or loading area is adjacent to or visible from a public street. The Board finds additional screening beyond that required in 13.04B(1) to be unnecessary. The Board finds this criterion met. D. Front Yards of Non-Residential and Multi-Family Uses. In the case of non-residential and multi- family uses, the required front yard and/or the frontage along designated arterial and collector streets (see Article 3, Section 3.06 for this list) shall be suitably landscaped and maintained in good appearance. Landscape elements that reduce stormwater runoff and promote stormwater infiltration are encouraged. The Development Review Board shall require the applicant to meet the provisions of sections 13.04(F) and (G). The Board finds this criterion met. 13.05 Stormwater Management Stormwater standards apply when one-half acre or more of impervious surface exists or is proposed to exist, and where 5,000 sf of impervious is created or reconstructed. The stormwater management system for the impervious surfaces proposed on this property was reviewed in conjunction with concurrent final plat application #SD-22-05 for Lots 13 and 15. The Board finds this criterion met. 13.07 Exterior Lighting Lighting requirements are summarized as follows. (1) Fixtures must be downcast and shielded (2) Illumination must be evenly distributed (3) Fixtures must be placed to minimize lighting from becoming a nuisance (4) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish (5) Poles & building mounted fixtures may be no higher than 30-ft (6) Poles must be located in safe locations Specific requirements for maximum illumination levels are included in Appendix A and are limited to 3 foot-candles average at ground level. Maximum illumination levels on Lot 17 are 3.1 foot-candles and below. Though the applicant has not provided specific information about pole heights for this application, the Board has assumed the applicant’s statement that parking lot light heights are 12-ft for Lots 13 & 15 also applies to this lot. The Board finds this criterion met. #SP-22-008 & #CU-22-01 10 DECISION Moved by Frank Kochman, seconded by Dan Albrecht, to approve Site Plan application #SP-22-008 and Conditional Use application #CU-22-01 of O’Brien Home Farm, LLC, subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. This project must 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 proposed and approved use is for commercial parking. Vehicle sales, including permanent or temporary signage, transactions, or sales events, are not permitted. 4. The applicant must obtain a zoning permit within twenty four (24) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 5. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 6. Any change to the approved plan will require approval by the South Burlington Development Review Board or the Administrative Officer. Dan Albrecht Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present John Stern Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Motion carried by a vote of 7 - 0 - 0. Signed this ____ day of July, 2022, by _____________________________________ Dawn Philibert, 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 180 Market 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://vermontjudiciary.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 802.477.2241 to speak with the regional Permit Specialist.