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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. #SP-15-72 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 #SP-15-72 (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. 3 #SP-15-72 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 4 #SP-15-72 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.