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HomeMy WebLinkAboutSP-23-051 - Decision - 0004 Laurel Hill Drive#SP-23-051 - 1 - CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CLINT WEST – 4 LAUREL HILL DRIVE SITE PLAN APPLICATION #SP-23-051 FINDINGS OF FACT AND DECISION Clint West, hereinafter referred to as the applicant, is seeking approval to amend a previously approved plan for a 10,085 sf multi-tenant commercial building. The amendment consists of changing the use of the building to include 11 market-rate residential units and two commercial suites, and associated site improvements including the removal of existing impervious surface and the addition of a ‘parklet’ site amenity space and eight short-term bike parking spaces, 4 Laurel Hill Drive. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking approval to amend a previously approved plan for a 10,085 sf multi-tenant commercial building. The amendment consists of changing the use of the building to include 11 market-rate residential units and two commercial suites, and associated site improvements including the removal of existing impervious surface and the addition of a ‘parklet’ site amenity space and eight short-term bike parking spaces, 4 Laurel Hill Drive. 2. The owner of record of the subject property is Laurel Hill Apartments, LLC. 3. The subject property is located in the Commercial 1-Residential 15 Zoning District and the Transit Overlay District. A portion of the subject property is located in a Primary Node of the Urban Design Overlay District. 4. The application was received on February 5, 2024. 5. The plans submitted consist of the following: Sheet No. Description Prepared by Last Revised Date A-0 Cover Sheet G4 Design Studios 1/25/2024 A-0.1 Code Review G4 Design Studios 1/25/2024 A-0.4 ADA/Fairhousing Code & DTLS G4 Design Studios 1/25/2024 A-1.1 First Floor Plan G4 Design Studios 1/25/2024 A-1.2 Second Floor Plan G4 Design Studios 1/25/2024 A-2.1 Exterior Elevations (N & S) G4 Design Studios 1/25/2024 A-2.2 Exterior Elevations (E & W) G4 Design Studios 1/25/2024 C1.0 Existing Conditions Plan Civil Engineering Associates 12/21/2023 C2.0 Proposed Conditions Plan Civil Engineering Associates 2/5/2024 C2.1 Proposed Utility Plan Civil Engineering Associates 12/21/2023 C3.0 EPSC Site Plan Civil Engineering Associates 12/21/2023 C3.1 EPSC Notes and Details Civil Engineering Associates 12/21/2023 C4.0 Site Details Civil Engineering Associates 12/21/2023 C4.1 Site Details Civil Engineering Associates 12/21/2023 #SP-23-051 - 2 - C4.2 Details Civil Engineering Associates 12/21/2023 C5.0 Specifications Civil Engineering Associates 12/21/2023 C5.1 Specifications Civil Engineering Associates 12/21/2023 C5.2 Specifications Civil Engineering Associates 12/21/2023 C5.3 Specifications Civil Engineering Associates 12/21/2023 ZONING DISTRICT AND DIMENSIONAL REQUIREMENTS Commercial 1-R15 Required Existing Proposed @ Min. Lot Size 2,900 sf/unit 23,250 sf 2,113.6 sf/unit 1  Max. Building Coverage 40 % 22 % No change @ Max. Overall Coverage 70 % 95 % 77 % 2 @ Max. Front Setback Coverage 30 % Unknown 77.5 % 3  Min. Front Setback 30 ft 50 ft No change  Min. Side Setback 10 ft 10 ft No change  Min. Rear Setback 30 ft 58 ft No change  Max. Total Stories 5 stories 2 stories No change @1 The subject parcel is large enough to accommodate 8 residential units at the maximum base density of 15 units/ acre for this zoning district. The applicant is allowed to exceed this density via the purchase of Transferable Development Rights and has demonstrated that such a purchase agreement is in place. This purchase agreement is discussed in further detail under 19.01 – 19.04 below. @2 The subject parcel is presently 95% covered by impervious surface. The applicant is proposing to convert 4,185 sf of existing parking area and drive aisles to pervious surface, including curbed grassy areas running along the east and west sides of the building and a grass ‘parklet’ site amenity space to the north of the building. The proposed amount of impervious surface (77%) is still above the underlying maximum allowable in the Zoning District (70%), but the applicant has reduced the existing non-conformity. Staff considers this to be a substantive improvement to the existing non-conformity and the proposed impervious coverage to be approvable. @3 The subject parcel is presently not compliant with the front setback coverage standard for this Zoning District. The applicant is proposing to decrease the amount of front setback coverage by installing approximately 505 sf of curbed grassy area in the front setback, decreasing the total front setback coverage by approximately 10%. Staff considers this to be a substantive improvement to the existing non- conformity and the proposed front setback coverage to be approvable. SITE PLAN REVIEW STANDARDS Only the standards below are affected by this application. All other standards will continue to be met. 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. The DRB shall consider the following: #SP-23-051 - 3 - a. Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. The applicant is not proposing any new buildings. The applicant is proposing to curb and reduce the size of the parking area along the street frontage. The re-claimed, curb-protected space along the street will be planted with grass. b. Building Placement, Orientation. Maintain or establish a consistent orientation to the street and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building foundations relate to the site’s topography and grade. The applicant is not proposing a new building or new building orientation. c. Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. The applicant is proposing landscaping and buffering beyond what is required by these regulations to ensure that the project is appropriately screened and protected from the adjacent properties, which include two commercial properties with high levels of vehicle traffic and very little in the way of parking lot striping or formal traffic controls. The Administrative Officer finds that the changes at this site include the provision of adequate plantings, parking, and pedestrian movement facilities and therefore finds this criterion met. d. Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. The subject property and all directly adjacent properties presently lack sidewalks. The primary façade of the building on the subject property faces Laurel Hill Drive, and the closest sidewalk is located across the street on the other side of Laurel Hill Drive. Due to the limited scope of the work proposed as part of this project, the Administrative Officer finds that the installation of a sidewalk along Laurel Hill Drive is not required. However, the applicant has provided intra-lot pedestrian connectivity, including 4’ sidewalks on both the north and south sides of the building and a curbed grassy area that separates the parking areas and site amenity space at this building from the vehicular traffic that uses the curb-cut and alleyway directly to the west of the subject property. e. Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of these regulations. The applicant is not proposing a new building or an alteration of the existing roofline of the existing building. The Administrative Officer finds that the site successfully provides a desirable transition from structure to site, and provides adequate voluntary landscaping, safe pedestrian movement, and adequate vehicle parking capacity. (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. #SP-23-051 - 4 - (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (iv) The lot contains one or more existing buildings that are to be re-used and parking needs cannot be accommodated to the rear and sides of the existing building(s); The applicant is proposing to stripe and curb the existing parking lots. Striping and curbing of all paved parking spaces is required in Sections 13.02.G(1) and 13.04.B. One parking lot is located to the south of the building and is accessible from Laurel Hill Drive only – the applicant is proposing to stripe 12 parking spaces in this existing parking area. This parking area is located to the front of the existing building and would not be approved as part of a new project constructed today but is an existing non-conformity in this instance. The applicant is removing over 18 linear feet of parking area in this existing front parking area, thereby eliminating the equivalent of two parking spaces and reducing the existing non- conformity. The other parking lot is to the north of the building – the applicant is proposing to stripe 7 parking spaces in this existing parking area. The proposed parking spaces will all be 9’ wide, 18’ feet long, and accessed by drive aisles of at least the minimum required width. The Administrative Officer finds this criterion met. (3) 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 anticipated adjoining buildings. No changes are proposed. B. 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. Minor changes to the siding and other exterior details are proposed; all such changes are consistent with this criterion. As this is an administrative Site Plan, the authority is granted to the Administrative Office. As such, the Administrative Officer considers this criterion met. C. Site Amenity Requirement (3) Sites are required to include a specific minimum area for appropriate Site Amenities. This section does not apply to projects within the City Center FBC District (which are governed by Section 8.08). (4) Applicability. Applications for the following shall be required to provide Site Amenities: (a) Any non-residential development over 5,000 SF. (b) Additions or expansions exceeding 5,000 SF for existing non-residential structures. (c) Any residential development, including conversion of non-residential structures to residential use. The applicant is proposing to change the use of an existing multi-unit commercial building to include 11 residential dwelling units. This section is therefore applicable. (5) The required area shall be: (a) For Non-Residential development, a minimum of 6% of non-residential building gross floor area. (b) For Residential development, determined by number of units as: #SP-23-051 - 5 - (i) For fewer than 10 units, 100 square feet per unit; (ii) For 10 to 19 units, 85 square feet per unit; or (iii) For 20 or more units, 60 square feet per unit. The minimum required amenity area for an 11-unit development is 85 square feet of amenity space per unit, for a total of 935 square feet of required amenity space. The applicant has proposed to create an approximately 1,480 sf grassy space in the rear of the lot to serve as the site amenity space and has proposed ‘parklet’ as the site amenity type. The amenity will be delineated from the adjacent use & alley to the west by a fence and will include four deciduous trees, a table with seating, and two benches. The site amenity will be directly adjacent to the operable building entry on the north side of the building, as required by the LDRs. The Administrative Officer finds these standards met. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: H. 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 15.13, Utility Services, shall also be met. Utility services are underground. This criterion is met. I. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, 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). Small receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. The applicant is proposing to provide a dumpster towards the rear of the site. The dumpster is proposed to be screened by a six-foot opaque fence. The Administrative Officer finds this criterion met. APPLICABLE SUPPLEMENTAL STANDARDS 10.05 Urban Design Overlay District Conformance with these standards is required for all new construction and renovations to existing buildings that are classified as ‘substantial rehabilitation’. ‘Substantial Rehabilitation’ is defined as a project in which the total area of alterations to the primary building façade, or to the building façade that is parallel to and oriented to the street, exceeds 35% of the total area of such building façade. This property is not entirely located within the Urban Design Overlay District; only the western edge of the lot is included in this Overlay District and designated as a Primary Node. The western building façade is within this node, but is not the primary building façade or parallel/oriented to the street, so the alterations to the western façade do not trigger compliance with this standard. The southern façade of this building is primary and oriented to the street but is not within the Urban Design Overlay District, and therefore these standards do not apply to that façade. 13.02 Off-street Parking The Land Development Regulations presently include minimum vehicle parking requirements for multi- family dwellings – this standard requires 0.75 spaces for each studio or 1-bedroom unit and 1.25 spaces #SP-23-051 - 6 - for each 2+ bedroom unit, plus 0.75 spaces for every 4 units included in the development. This project includes one studio unit, six one-bedroom units, and four two-bedroom units, requiring a total of 11 parking spaces. Act 47, also known as the HOME Act, was recently passed by the State Legislature and restricts municipalities to requiring no more than 1 parking space per unit for multi-family development. This standard supersedes the contradictory language presently included in the LDRs. As per Act 47, the maximum amount of parking that can be required to be installed as part of this development is one space per unit, which also comes out to be 11 spaces for the 11 proposed units. No parking is required for the two commercial suites. The applicant has provided 19 parking spaces. None of these spaces are proposed to be reserved. The Administrative Officer finds this criterion to be met. 13.03 Bicycle Parking Residential buildings with more than 3 units require 1 short term space for every 10, units with a minimum of 4 spaces. The applicant is proposing to install four ‘inverted-U’ bike racks, providing 8 short- term bike parking spaces, exceeding the short-term parking requirement. Long-term bicycle parking standards do not apply to this project as it is not new construction and does not impact more than 50% of load-bearing building elements. 13.04 Landscaping & Snow Storage The proposed changes to the site are all categorized as renovations, not additions. As such, the applicant is not required to provide any minimum landscaping budget. The applicant is nonetheless proposing plantings throughout the site, including as part of the proposed Site Amenity, but these plantings are not restricted or otherwise governed by this criterion. The provided site plan must specify snow storage areas and demonstrate that they are located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface waters. The applicant has identified the proposed snow storage areas on the plan. The Administrative Officer finds these criteria met. 13.05 Stormwater The combined amount of existing, proposed, or redeveloped impervious surface on this property is less than one-half of one acre. As such, this criterion does not apply. 13.07 Exterior Lighting The applicant has testified that no new or altered exterior lighting fixtures are proposed as part of this project. Any future updates to the exterior lighting plan will require Site Plan approval prior to implementation. 18.01 – 18.03 Inclusionary Zoning 18.01.B(2)(a) limits compliance with these standards to projects that create twelve or more dwelling units. The applicant is proposing to create 11 units and therefore is not required to comply with these standards. If the applicant ever wishes to convert either of the two commercial suites into residential units, the total number of units in the project will equal or exceed twelve, and the standards of this section would then become applicable to the entire project, requiring the provision of 2 inclusionary units that are of an average bedroom count that is no less than the average bedroom count of the market-rate units. 19.01 – 04 Transferable Development Rights #SP-23-051 - 7 - As mentioned under the Zoning District and Dimensional Standards, at a density of 15 units/acre, the subject property is only large enough to be developed with 8 residential units. However, as per the standards and restrictions of Article 19, the applicant can acquire Transferable Development Rights (TDRs) to apply to this project, thereby increasing the number of allowable units. The subject Zoning District (C1-R15) permits the receipt and application of TDRs and does not include a maximum density that can be achieved through the purchase of TDRs. The applicant is proposing 11 residential units and therefore needs to purchase 3 TDRs to permit the increase in density beyond the maximum underlying density of the Zoning District. TDRs can only be purchased from properties in designated ‘sending areas’ that have unrestricted, developable land that they are willing to deed-restrict to preclude future development in exchange for the right to develop that land. The applicant has provided a Deed of Severance, Deed of Receipt, and Conservation Easement identifying that the 3 TDRs are being purchased from Vermont Land Trust. As such, the Administrative Officer finds this transaction to be permissible. Wastewater Generation The subject property has no record of State or City Wastewater approval. As such, the subject property is eligible to receive credit for the uses that were approved to exist on the property as of January 1, 2007. The applicant has testified that the subject property hosted eight different tenants in the multi- suite building as of January 1, 2007, including primarily office uses but also including a credit union and an optometry clinic. The applicant testified, and Staff confirmed, that the uses in the building as of 1/1/2007 generated a total of 1,408 gpd of wastewater, as per the State Wastewater System Supply Rules. The proposed residential uses (7 studio or 1BR units and 4 2BR units) will generate 1,820 gpd. The Department of Public Works advised that the applicant not purchase wastewater allocation for the two proposed commercial suites until tenants are identified. Because the allocation necessary for just the 11 residential units exceeds the existing allocation by 412 gpd, the applicant submitted Wastewater Allocation Application #WWA-24-111 to acquire the allocation required to service those residential units. #WWA-24-111 was approved by the Department of Public Works on 2/14/2024. The Administrative Officer finds that, given this new WWA approval, the proposed change of use will have no wastewater impact beyond that which is now approved for this property, and that the applicant must obtain an additional WWA approval to permit the occupancy of the commercial suites. Traffic Generation The subject property has no approval on file that specifically identifies a maximum trip generation. The property’s previous use (10,085 sf of general office space) generated an estimated 25 PM Peak Hour Vehicle Trip Ends (VTEs), as per calculations performed using the 11th Edition of the ITE Trip Generation Manual. The proposed configuration of uses will generate fewer than 10 VTEs. As such, the Administrative Officer finds that the proposed change of use will have no additional traffic impact, and that the trip budget for this property shall be established as 25 PM Peak Hour VTEs. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-23-051 of Clint West, 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 plan(s) on file in the South Burlington Department of Planning and Zoning. #SP-23-051 - 8 - 3) The applicant must comply with all comments of the Water Department, as identified in the associated document entitled “4 Laurel Hill SBWD Tech Review 1.16.24”. 4) The applicant must obtain a Permit to Open Streets or Right-Of-Way from the Department of Public Works for any work conducted in the City ROW, and must comply with the following comments of the Department of Public Works prior to obtaining a Permit to Open Streets or Right-Of-Way. a. The applicant must confirm that they have verified elevations at utility crossings in the ROW. b. A prior ROW permit was issued for similar work to connect to the storm drain; that permit fee will need to be recalculated based on the proposed impact to the roadway. 5) The applicant must update the trip generation calculation and provide any necessary traffic impact fees, obtain Zoning Permit approval, and obtain additional Wastewater Allocation approval prior to fit-up and occupancy of the proposed commercial suites. 6) The Administrative Officer hereby concurrently issues Zoning Permit #ZP-23-484. 7) The applicant must continue to maintain any approved landscaping in a vigorous growing condition throughout the duration of the use. 8) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 9) Any exterior lighting shall be downcast and shielded per Section 13.07 of the Land Development Regulations. 10) The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. 11) The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the buildings. 12) Any change to the site plan shall require approval by the South Burlington Administrative Officer or the Development Review Board, as allowed under the Land Development Regulations. Signed on this 20th day of February, 2024 by _____________________________________ Marty Gillies, Acting Administrative Officer PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. 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.