HomeMy WebLinkAboutSD-09-49 - Decision - 0025 Bacon Street#SD-09-49
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
F+M DEVELOPMENT CORP. LLC - FARRELL AND BACON STREETS
FINAL PLAT APPLICATION #SD-09-49
FINDINGS OF FACT AND DECISION
F & M Development Co. LLC, herein referred to as the applicant, is seeking final plat
approval to amend a previously approved planned unit development consisting of: 1)
383 residential units in seven (7) buildings, 2) a 63 unit congregate housing facility, 3) a
4,430 sq. ft. expansion of an indoor recreation facility, and 4) an existing 16,000 sq. ft.
television studio and office building. The amendment consists of: 1) razing an existing
car wash and television station, 2) constructing a 24,800 sq. ft. 2 and 4-story addition to
contain 28 congregate housing units and 3,000 sq. ft. of social service use to existing 63
unit congregate housing facility, and 3) constructing a 48,500 sq. ft. 4-story multi -family
dwelling to contain 42 dwelling units, Farrell Street and Bacon Street.
The Development Review Board held public hearings on December 1 and December 15,
2009. Eric Farrell represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting 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 is seeking final plat approval to amend a previously approved planned
unit development consisting of: 1) 383 residential units in seven (7) buildings, 2) a 63
unit congregate housing facility, 3) a 4,430 sq. ft. expansion of an indoor recreation
facility, and 4) an existing 16,000 sq. ft. television studio and office building. The
amendment consists of: 1) razing an existing car wash and television station, 2)
constructing a 24,800 sq. ft. 2 and 4-story addition to contain 28 congregate housing
units and 3,000 sq. ft. of social service use to existing 63 unit congregate housing
facility, and 3) constructing a 48,500 sq. ft. 4-story multi -family dwelling to contain 42
dwelling units, Farrell Street and Bacon Street.
2. The owners of record of the subject property are EF Farrell, DB Morrissey and Farrell
Street Senior Housing Partnership.
3. The application was received on November 2, 2009
4. The subject property is located in the C1-R15 Zoning District.
5. The plans submitted consist of a 34 page set of plans, page two (2) entitled "Overall
Site Plan", prepared by Civil Engineering Associates, Inc., dated 5/15/2009, last revised
on 12/3/09.
Setbacks:
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The proposed buildings do not meet the applicable front, rear, and side setback
requirements for the subject PUD, as outlined in Table C-2 of the South Burlington Land
Development Regulations. Since this project is part of a larger PUD, the board may
grant "relief from the strict dimensional standards for individual lots... in order to
encourage innovation in design and layout, efficient use of land, and the viability of infill
development and re -development in the City's Core Area." The plan's adherence to this
stipulation, to the extent it creates innovation in design in layout shall be discussed
below in applicable areas of this report.
In addition, the 30 unit addition is proposed to cross a property line which is prohibited
under Section 15.02(A)(3) of the LDRs. This issue can be resolved by requiring the
recording of a Notice of Conditions that the new five lots are to be considered one lot for
zoning purposes.
Density:
The 24.42 acres generates 366 units at 15 units per acre. With the use of the density
bonus for mixed rate housing, pursuant to article 13.14 of the SBLDR, the maximum
allowable density on the site is 457 units. Congregate housing units are not subject to
density review.
To date, 383 (not including congregate housing) units have been approved and
constructed. Therefore, 74 units of density remain. This application proposes 42 new
market -rate units.
Coverage:
The applicant has stated that the 514 Farrell Street property (Creative Habitat) has, is, and
will continue to be counted towards building and overall overages for the PUD. The total
building coverage for the site increases from 19.9% to 20.7%. The overall lot coverage
decreases from 61.5% to 58.7%. The Board finds the coverages to be acceptable and
within the regulations for the zoning district.
Building Height:
The new Bacon Street Lofts building will represent an overall building height of 54 feet.
The standard height limitation for the district is 35 feet for a flat roof. Therefore, the
applicant is seeking a height wavier of 19 feet. The addition to the senior housing
building will be 54.5 ft. in height, the same as the existing building, for a 19.5 ft. height
waiver requested.
The applicant has submitted a summary of heights in the surrounding area for
consideration by way of neighborhood context. The Board supports the requested height
waivers based on height analyses as well as a review of shadow impacts.
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:
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Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations,
the existing public utility system shall be extended to provide the necessary quantity of
water, at an acceptable pressure, to the proposed dwelling units.
The Superintendent of the South Burlington Water Department, Jay Nadeau has
reviewed the plans and provided comments in a letter dated August 10, 2009.
The City of Burlington's Water and Wastewater Treatment, Distribution, and Collection
Facilities will handle the wastewater disposal of this project.
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.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access is provided to the proposed addition and the proposed new building by the same
private access which currently serves the Cathedral Square building and the rear of the
Creative Habitat building. This access will also connect to the east side of the existing
building, providing a full vehicular loop around the Cathedral Square building.
Bacon Street is a public street. As proposed by the applicant, it would dead-end into a
private parking lot. This new building will create an attractive access to Shelburne Road
for many of the PUD's residents and likely also through traffic from the eastern portion of
Farrell Street and Swift Street.
The proposed design creates a building which is fronted on three sides by a parking lot.
Should the adjacent property to the west be developed, the parking area there would
also be adjacent to the building, creating a building surrounded on four sides by a sea of
parking. The proposed building is not an insignificant one; a development of a similar
size anywhere else in the city would create similar concerns.
The Board discussed this matter at the preliminary plat level and was unanimously
opposed to a public street as recommended by Staff. No further discussion was had
with respect to the layout of parking around the buildings and no changes were directed
as part of the preliminary plat approval.
According to the ITE, 8t" Edition, the proposed buildings will generate 31.57 PM peak
vehicle trip ends. The congregate housing addition is expected to generate 4.76 vehicle
trip ends of this combined amount. This is estimated to bring the Planned Unit
Development's total P.M. vehicle trip ends to 238 P.M. peak -hour vehicle trip ends. This
is a decrease from the 632 vte's in the original PUD approval.
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.
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The subject property does not contain any wetlands, streams, or unique natural features.
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.
According to the South Burlington Land Development Regulations, the Commercial 1
District is hereby formed in order to encourage the location of general retail and office
uses in a manner that serves as or enhances a compact central business area. Other
uses that would benefit from nearby access to a central business area, including
clustered residential development and small industrial employers, may be permitted if
they do not interfere with accessibility and continuity of the commercial district. Large -lot
retail uses, warehouses, major industrial employers, and incompatible industrial uses
shall not be permitted. Planned Unit Developments are encouraged in order to
coordinate traffic movements, promote mixed -use developments, provide shared parking
opportunities, and to provide a potential location for high - traffic generating commercial
uses.
The proposed development conforms to the purpose of the C1 District and that it is
visually compatible with the area, which currently contains commercial uses and multi-
family dwellings. The proposed uses will not interfere with the accessibility and
continuity of the C1 District. Also, the proposed development is part of a PUD, which is
encouraged in the C1 District.
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.
The major open space area on this PUD is the land adjacent to the Interstate which
comprises the IHO District. This is an important open space area, as it provides a viable
corridor along the Interstate and provides an aesthetic buffer between the Interstate and
the PUD.
However, as the overall PUD nears completion, the Board would like to ensure that
adequate public amenities are provided. The City fully supports infill development,
particularly the higher densities achieved through this development. However, it is also
important to ensure that there is a balance between the urban form and un-developed
space. The plans submitted by the applicant include a small space for community
gardens and green space. This also serves to increase the buffer between the project
and the adjacent neighborhood.
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.
The South Burlington Fire Chief has reviewed the plans and provided comments in a letter
dated November 19, 2009.
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.
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A public road serves all lots in the PUD with private access drives to serve rear parking
areas and provide additional circulation. A sidewalk exists on the northerly side of the
roadway and a 10' wide bike path exists on the southerly side of the roadway. The
recreation path flows from Farrell Street north along the easterly side of the Eastwood
Commons II parking lot, along the westerly boundary of the Twin Oaks facility, and
eventually connecting with Hadley Road.
There are several existing connections with adjacent properties, either through direct
connections or access easements and rights of way. The Board has already addressed
the issue of a public street connection through this area of the development.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The applicant has submitted exterior lighting details (cut -sheets) for the proposed street
lights and pedestrian lights on the property. Both of the proposed lighting fixtures shall
comply with Appendix A of the South Burlington Land Development Regulations.
The City Engineer has reviewed the plans and provided the following comments in a memo
dated 11/25/2009: 1. Tree planting plans N2, N2a, N2.2, N2.3 shall clearly show water and
sewer lines. Tree planting shall clear these lines by at least 5 feet. 2. As built drawings
shall be prepared by the Engineer (Civil Engineers, Inc.) and clearly show the utilities
especially the water and sewer lines.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The Board finds the proposed PUD to be consistent with the South Burlington
Comprehensive Plan for the following reasons:
a. The plan is consistent with the stated purpose of the C1 District, as outlined in Section
5.01 of the South Burlington Land Development Regulations.
b. The proposed PUD will produce infill development, which is promoted through the
Comprehensive Plan.
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 applications:
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 proposed project accomplishes a desirable transition from structure to site and from
structure to structure, with the exceptions noted above.
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Based on the Land Development Regulations, the overall PUD will now require 1142
parking spaces. The applicant submitted a shared parking analysis which indicates that the
peak parking demand is 1093 spaces. The applicant has provided and or is proposing to
provide 828 parking spaces. This shortfall is 265 spaces or 24.2%.
Given the greatness of the parking waiver requested, and the use of a shared parking
analysis for the site, all parking spaces must be shared. There shall be no reserved parking
spaces in the parking lot.
According to Section 13.01(J) of the South Burlington Land Development Regulations,
parking or storage facilities for recreational vehicles shall be provided in all multi -family
residential developments of twenty-five (25) units or more. Recreational vehicles shall
not be stored on any common open lands other than those specifically approved for
such purpose by the DRB through the review process. The Development Review Board
may waive this provision only upon a showing by the applicant that the storage and
parking of recreational vehicles shall be prohibited within all private and common areas
of the development.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
As already stated, the building is proposed to be surrounded on at least three sides by
parking. There are five parking spaces located to the front of the building that, if removed,
would largely address both concerns.
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 adjoining
buildings.
The Board has already addressed the height issues in this report.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
The Board has already stated that pursuant to Section 15.13(E) of the South Burlington
Land Development Regulations, any new utility lines shall be underground.
The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual interruptions
to create attractive transitions between buildings of different architectural styles.
This criterion is being met.
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.
This criterion is being met.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington Land Development Regulations:
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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 of collector street, to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
The reservation of land is not necessary given the multiple connections this property has
with Farrell Street and Bacon Street.
Electric, telephone and other wire -served utility lines and service connections shall
be underground. Any utility installations remaining above ground shall be located so
as to have a harmonious relation to neighboring properties and to the site.
The Board has already stated that pursuant to Section 15.13(E) of the South Burlington
Land Development Regulations, any new utility lines shall be underground.
All dumpsters and other facilities to handle solid waste, including compliance with
any recycling 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).
The site plan depicts screened waste storage facilities. The applicant is proposing
construction of a 12'x24' trash and recycling storage building. This building is similar to
ones that already exist on the property.
Landscaping and Screening Requirements
The applicant has submitted a landscape plan and landscape budget in compliance with
Section 13.06 of the South Burlington Land Development Regulations. This has been
reviewed by the City Arborist who has provided comments in a memo dated November 20,
2009.
Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage area
must be specified and located in an area that will minimize the potential for run-off.
Snow storage areas are shown on the plan.
The proposed parking areas contain more than twenty (20) parking spaces, and therefore
should be landscaped in accordance with Section 13.06(B) of the Land Development
Regulations. The site plan shows some proposed landscaping on the interior of the
proposed parking area. The applicant has submitted a plan which outlines which areas
they believe qualify as landscaping to the interior of the parking lots. The Board finds that
they meet the intent of this regulation, which is to break up long expanses of parking, not
simply to count the green spaces at the edge of them.
Phasing
The applicant is requesting that the project be divided into two (2) Phases. Phase I
would be the 28 unit congregate housing addition and Phase II would be the 42 unit
multi -family dwelling.
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DECISION
Motion by yJ seconded by L� `
to approve Final Plat Application #SD-09-49 of F+M Development Corp. LLC, sbbject to
the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended
herein.
2. This project shall be completed as shown on the plat plans submitted by the
applicant and on file in the South Burlington Department of Planning and Zoning.
3. The Board grants a height waiver of 19 feet for the 4-story Bacon Street Lofts
building and 19.5 feet for the congregate housing addition.
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 shall meet the standards set forth in Section 16.04 of the South
Burlington Land Development Regulations.
5. For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the 28 unit addition to
the congregate housing facility will generate 4.76 additional vehicle trip ends during
the p.m. peak hour.
6. For purposes of planning and zoning, lots 1,12,13,14, and 15 in this PUD shall be
considered one (1) lot. The applicant will be require to record a "Notice of Condition"
to this effect which has been approved by the City Attorney prior to recording the
final plat plans.
7. All new exterior lighting shall consist of downcasting, shielded fixtures. Any change
to approved lights shall require approval of the Administrative Officer prior to
installation.
8. Pursuant to Section 15.13(E) of the South Burlington Land Development
Regulations, any new utility lines shall be underground.
9. The Development Review Board approves a 265-space or 24.2% parking waiver for
a total of 828 spaces provided.
10. Pursuant to Section 13.06(C)(1) of the South Burlington Land Development
Regulations, any utility cabinets on the site shall be effectively screened to the
approval of the Development Review Board.
11. The applicant shall comply with the requests of the South Burlington Water
Department per the letter dated October 23, 2009.
12. The applicant shall obtain final wastewater allocation from the City of Burlington prior
to issuance of a zoning permit.
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13. The applicant shall adhere to the stipulations of the South Burlington Fire Chief per
the letter dated November 19, 2009.
14. All parking spaces within the PUD shall be shared. No parking spaces shall be
reserved or otherwise signed or assigned.
15. Recreational vehicles shall be prohibited within all the private and common areas of
the development.
16. The applicant shall adhere to the comments of the City Arborist per the memo dated
November 20, 2009.
17. The applicant shall obtain a zoning permit for Phase I within six (6) months of this
approval. The Development Review Board grants a period of five (5) years for
approval of Phase II of the proposed development. At such time as the five years is
reached and the applicant has not sought a zoning permit for Phase ll, they shall be
eligible, per Section 17.04 of the South Burlington Land Development Regulations,
for one (1) extension to an approval if the application takes place before the approval
has expired and if the Development Review Board determines that conditions are
essentially unchanged from the time of the original approval. In granting such an
extension, the Development Review Board may specify a period of time up to one (1)
year for the extension.
18. Prior to permit issuance for Phase I, the applicant shall post a $28,721 landscaping
bond. Prior to permit issuance for Phase II, the applicant shall post a $51,814
landscaping bond. These bonds shall remain in full effect for three (3) years to
assure that the landscaping has taken root and has a good chance of survival.
19. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
20. The final plat plans (Sheets 1 + Cl) shall be recorded in the land records within 180
days or this approval is null and void. The plan shall be signed by the Board Chair or
Clerk prior to recording. Prior to recording the final plat plan, the applicant shall
submit a copy of the survey plat in digital format. The format of the digital information
shall require approval of the South Burlington GIS Coordinator.
Mark Behr - enay/abst'n/not present
Matthew Birmingham - nay/abstain/not present
John Dinklage a nay/abstain/not present
Roger Farley ye ay/abstain/WpDresen
Eric Knudsen - yea/nay/abstain
Gayle Quimby - ea/nay/abstai
Bill Stuono yea ay/abstain/no
Motion carried by a vote of
Signed this �4- day of 2009, b y
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JohrS Dinklage, Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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