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Home My WebLink AboutSD-15-08 - Decision - 0025 Bacon Street#SD-15-08 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING F & M DEVELOPMENT CO., LLC --- 25 BACON STREET PRELIMINARY & FINAL PLAT APPLICATION #SD-15-08 FINDINGS OF FACT AND DECISION Preliminary & final plat application #SD-15-08 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) resubdividing lots #1 & #10 to reduce the size of lot #10 and increase the size of lot #1, 2) removal of a four (4) foot fence on lot #10, 3) after - the -fact reduction in the size of the community gardens on lot #1, and 4) revising the landscaping on lot #10, 25 Bacon Street. The Development Review Board held a public hearing on April 21, 2015. Eric Farrell represented the applicant. Based on the plans and materials contained in the document file for this application, the Board finds, concludes, and decides the following: FINDINGS OF FACT 1. F & M Development Co., LLC, hereafter applicant, seeks Preliminary & Final plat 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) resubdividing lots #1 & #10 to reduce the size of lot #10 and increase the size of lot #1, 2) removal of a four (4) foot fence on lot #10, 3) after -the -fact reduction in the size of the community gardens on lot #1, and 4) 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 February 26, 2015. 5. The plan set submitted consists of five (5) page set of plans entitled "Revised Final Plat O'Dell Parkway PUD Farrell Street South Burlington Vermont" prepared by Civil Engineering Associates dated June 20, 2005 and last revised on May 29, 2013. 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 boundary line adjustment between lots 1 and 10 may alter various setbacks, or coverage or greenspace percentages SD_15_08_25BaconStreet PUD amend landscapingffd.doc I #SD-15-08 previously calculated, for these individual lots. All the lots within this PUD are substandard and were approved as a whole with a Notice of Conditions recorded which indicates that for the purposes of the Land Development Regulations, all lots are to be treated as one (1) lot. The Board finds that the applicant shall record a new Notice of Conditions for the entire PUD reflecting the changes in the two (2) lots. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations PUDs shall comply with the following standards and conditions: (A)(1)Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. (A)(2)Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. (A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. (A)(4)The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. (A)(5)The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. (A)(6)Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. (A)(7)The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. (A)(8)Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. (A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The Board finds that all of the above criteria are being met. SITE PLAN REVIEW STANDARDS SD I S_08 25BaconStreet PUD amend landscaping ffd doc 2 #S D-15-08 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 applications: 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 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. (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. (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 shall 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 shall, to the extent feasible, be underground. 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. (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 significant aspects of the overall PUD. Other than the lot line adjustment described above, the proposed site changes (see SD_I S 08 25BaconStreet P UD_amend landscaping_ ffd. doc 3 #SD-15-08 especially page #7 of the Plans labeled "Proposed Landscape Plan Including Berm Tree Removal O812712014") 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. 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 "dog park". 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 voicemoil, Ray Belair has asked us to get your input on proposed planting removal at a site near the Show'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. Thanks for your help, Jeremy JEREMY B. OWENS, PLA Associate Landscape Architect T. J. Boyle Associates, LLC SD_1 S_08_25BaconStreet P UD_amend landscaping, ffd. doc 4 #SD-15-08 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 Board finds the proposed landscaping and other changes to be consistent with the Site Plan standards noted above. The Board finds these criteria are met. Sheet Numbering The Board notes that several different sheets are labeled as Sheet N2.3. The Board finds that the sheet labeling should be corrected so that individual drawings have their own unique sheet number. DECISION Motion by John Wilking, seconded by Jennifer Smith, to approve preliminary and final plat application #SD-15-08 of F & M Development Co., LLC: 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 plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance. The plans shall be revised so that so that individual drawings have their own unique sheet number. 4. The proposed project shall 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 should 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. SD_I5_08 25BaconStreet PUD amend landscaping_ffd.doc 5 #SD-15-08 5. The applicant shall regularly maintain all stormwater treatment and conveyance infrastructure. 6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications should be underground. 7. For purposes of the LDRs, ail lots included in this subdivision shall be considered one (1) lot as approved previously. The applicant shall record a "Notice of Condition" to this effect, reflecting the changes herein approved, which has been approved by the City Attorney prior to recording the final plat plan. 8. The applicant shall 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. 9. All exterior lighting shall be downcast and shielded, and otherwise comply with Section 13.07 of the SBLDR. 10. Prior to issuance of a zoning permit for the new building, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 11. The mylar shall be recorded prior to any zoning permit issuance. 12. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the use of the site modifications. 13. Any change to the final plat plans shall require approval of the South Burlington Development Review Board or the Administrative Officer. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Brian Breslend Yea Nay Abstain Not Present 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 approved by a vote of 6— 0 — 0. The application is approved f t, Signed this 17 day of . j � , 1 2015, by C. 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 575 Dorset Street, South SD_15_08_25BaconStreet PUD_amend landscapingffd.doc 6 #SD-15-08 Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermont4udiciary.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. SD_I S_08_25BaconStreet P UD_amend landscaping, ffd. doc 7