HomeMy WebLinkAboutSP-15-72 - Decision - 0025 Bacon Street#SP-15-72
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
F & M DEVELOPMENT CO., LLC --- 25 BACON STREET
SITE PLAN APPLICATION #SP-15-72
FINDINGS OF FACT AND DECISION
Site plan application #SP-15-72 of F & M Development Co., LLC to amend a previously
approved planned unit development consisting of: 1) 425 residential units in eight (8)
buildings, 2) a 91 unit congregate housing facility, and 3) a 4,430 sq. ft. expansion of an
indoor recreation facility. The amendment consists of: 1) removal of a four (4) foot
fence on lot #10, 2) after -the -fact reduction in the size of the community gardens on lot
#1, and 3) revising the landscaping on lot #10, 25 Bacon Street.
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. F & M Development Co., LLC, hereafter applicant, seeks site plan review to amend
a previously approved planned unit development consisting of: 1) 425 residential
units in eight (8) buildings, 2) a 91 unit congregate housing facility, and 3) a
4,430 sq. ft. expansion of an indoor recreation facility. The amendment consists
of: 1) removal of a four (4) foot fence on lot #10, 2) after -the -fact reduction in
the size of the community gardens on lot #1, and 3) revising the landscaping on
lot #10, 25 Bacon Street.
2. The owner of record of the subject property is F & M Development Co., LLC.
3. The subject property is located in the Commercial 1 — Residential 15 Zoning
District.
4. The application was received on November 9, 2015.
5. This application is for reapproval of the site plan portion of #SD-15-08 which
expired due to the applicant not obtaining a zoning permit within six (6) months
from the approval date of 04/27/15.
6. The plan set submitted consists of six (6) page set of plans, page one (1) is
entitled "Bacon Street Lofts Landscape Plan Sheet N2.36" prepared by T.J. Boyle
Associates, LLC dated 07/09/09, and last revised on 08/27/14.
DIMENSIONAL REQUIREMENTS:
No new construction is proposed here, so there should be no change to any of the
overall dimensional requirements in this PUD as previously approved. The previously
approved boundary line adjustment between lots 1 and 10 is not part of this application
as the subdivision portion of #SD-15-08 has not expired.
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SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations,
any PUD shall require site plan approval. Section 14.06 of the South Burlington Land
Development Regulations establishes the following general review standards for all site
plan implications:
A. Relationship of Proposed Development to the City of South Burlington
Comprehensive Plan. Due attention by the applicant should be given to the
goals and objectives and the stated land use policies for the City of South
Burlington as set forth in the Comprehensive Plan,
B. Relationship of Proposed Structures to the Site,
(1) The site shag 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
(2) Parking;
(a) Parking shall be located to the rear or sides of buildings. Any
side of a building facing a public street shag be considered a front side
of a building for the purposes of this subsection,
(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,
(3) Without restricting the permissible limits of the applicable zoning
district, the height and scale of each building shag be compatible with its
site and existing or anticipated adjoining buildings.
(4) Newly installed utility services and service modifications
necessitated by exterior alterations or building expansion sha//, to the
extent feasible, be underground,
C. Relationship of Structures and Site to Adjoining Area,
(1) The Development Review Board shag 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 sty/es
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(2) 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
No changes are proposed to driveways, parking, structures, or other structural aspects
of the overall PUD. Other than the lot line adjustment described above, the proposed
site changes (see especially sheet N2.313 of the plans labeled "Proposed Landscape Plan
Including Berm Tree Removal 08/2712014'9 and include:
a. Remove a 4' tall fence on top of the landscape berm on lot #10 that was
required in prior approvals. The applicant argues that the plantings have
matured such that the fence (which has also deteriorated) is completely
screened.
b. Reduce in size the community garden area on lot #1, which applicant states
has not been used by the residents. The 2009 approved plan for this area
(see packet for partial plan labeled Exhibit 1 showed a community garden
area with 11 raised planting beds. The applicant is proposing to reduce the
area of the garden to now accommodate four (4) smaller raised beds and to
designate the remaining area as a private 'dog park" for use by the
residents.
c. Modify landscape plantings on lots #1 and #10.
d. Install three benches on lot #10.
e. Remove dead trees and thin out maturing trees on Lot 10.
The applicant's landscape architect contacted Craig Lambert to seek his input on the
tree removal plan on April 14, 2015 with the following email:
Hi Craig, per my voicemail, Ray Belair has asked us to get your input on proposed
planting removal at a site near the Shaw's market on Shelburne Road. Starting about
10 years ago, the neighborhood to the north asked for and received a significant
number of plantings (in the 100's) on a screening berm in order to buffer the Eastwood
Commons and Cathedral Square developments. An agreement was made to densely
plant a mix of deciduous and evergreen trees on the berm, although at the time we
protested the density.
Fast forward to present day, and Eric Farrell would like to remove plantings to help
promote a healthier stand of trees. We met with the neighborhood representative in the
Fall and came to an agreement on removing about 24 trees. The neighbors have signed
off on the attached plan (berm along the top of the sheet), but Ray is recommending
that you chime in.
Do you have time to swing by there and review the proposed tree removal? FYI, I
think the neighbors would balk at removing more trees. I'm available to discuss via
phone, and can meet you there if needed.
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Thanks for your help,
Jeremy
JEREMY B, OWENS, PLA
Associate Landscape Architect
T. J. Boyle Associates, LLC
The applicant consulted with the City Arborist. The City Arborist, via an email to staff on
April 14, 2015 provided the following comments:
Jeremy,
I took a look at the site this afternoon. I agree that the site is overcrowded and would
benefit from thinning. I don't have any problems with you proposed removals. I think
you've probably already done this, but I'd concentrate on the dead and/or damaged
trees as much as possible (it looks like most of them were flagged but there were a few
trees along the edge of the parking lots that suffered plow damage and this will only get
worse as the trees increase in size).
Craig Lambert
South Burlington City Arborist
The Administrative Officer finds the proposed landscaping and other changes to be
consistent with the site plan standards noted above. The Administrative Officer finds
these criteria are met.
DECISION
The Administrative Officer hereby approves site plan application #SP-15-72 of F & M
Development Co., LLC, 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 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 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. The South Burlington Stormwater
Superintendent shall visit the site as construction progresses to ensure compliance
with this criterion.
4. The applicant must regularly maintain all stormwater treatment and conveyance
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infrastructure.
5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications must be underground.
6. The applicant must 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.
7. All exterior lighting must be installed or shielded in such a manner as to conceal
light sources and reflector surfaces from view beyond the perimeter of the area
to be illuminated.
8. The applicant must obtain a Certificate of Occupancy from the Administrative
Officer prior to the use of the site modifications.
9. Any change to the site plan plans shall require approval of the South Burlington
Development Review Board
or the Administrative Officer.
Signed this �0 day of 2015, by
Raymond 1. Belair, Administra ive 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 802.879.5676 to speak with the regional
Permit Specialist.