HomeMy WebLinkAboutSD-09-35 - Decision - 0025 Bacon Street#SD-09-35
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
F+M DEVELOPMENT CORP. LLC - FARRELL AND BACON STREETS
PRELIMINARY PLAT APPLICATION #SD-09-35
FINDINGS OF FACT AND DECISION
F& M Development Co. LLC, herein referred to as the applicant, is seeking preliminary
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 September 1, September 15,
and September 23, 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 preliminary 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 is EF Farrell, LLC and Cathedral Square
Corporation.
3. The application was received on July 27, 2009
4. The subject property is located in the C1-R15 Zoning District.
5. The plans submitted consist of a 31 page set of plans, page two (2) entitled "O'Dell
Parkway P.U.D. Bacon Street Bldgs. & Resid. Addition Farrell Street South Burlington
Vermont", prepared by Civil Engineering Associates, Inc., dated 5/15/09, last revised on
9/18/09.
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Setbacks:
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 28 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. This is a condition of the five (5) lot subdivision application #SD-09-34.
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 43 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% from approval dated
8/2/2006. The Overall lot coverage decreases from 61.5% to 58.7% from approval dated
8/2/2006. 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
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Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
PUDs shall comply with the following standards and conditions:
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 will dead-end into a
private parking lot.
Section 15.12(D)(2)(c) and (d) of the SBLDR states that The DRB shall require a
roadway to be built to City standards in Table 15-1 and Figure 15-1 and dedicated to the
City as a public roadway if one or more of the following situations applies:
(c) The Development Review Board determines that the proposed length of a
roadway or the significance of the roadway within the City's street network warrants
public ownership.
(d) The proposed roadway serves one (1) or more lots occupied by and/or
proposed for non-residential or mixed -use development.
The Board will not seek a public road here.
According to the ITE, 8th Edition, the proposed building will generate 31.57 PM peak
vehicle trip ends. 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 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. There is a proposed green space along the northern property line, creating a
viable, usable, green open space. This would also serve 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 shall review the plans and provide comments prior to
final plat approval.
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 and associated pedestrian amenities 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 shall 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 shall review the plans and provide comments.
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.
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
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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%.
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.
This proposal is in compliance with this criterion
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:
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.
Ce
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This property poses an excellent opportunity to create access to abutting properties that
will reduce private curb cuts, improve general access, and improve circulation.
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
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.
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DECISION
Motion by &L�, Q I lh seconded by IG�1 >t�
to approve Preliminary Plat Applic tion 4SD-09-35 of F+M Development Coro. LLC,
subject 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 submitted by the applicant and
on file in the South Burlington Department of Planning and Zoning.
3. The plans shall be revised prior to final plat submittal as follows
a. The plans shall be revised to include a site grading and erosion control plan.
b. The plans shall be revised to include a landscaping plan and budget. The
plans and budget shall show which plantings go with which building.
c. The plans shall be revised to show snow storage areas.
d. The plans shall be revised to show a bike rack for the two (2) buildings
involved in this amendment.
e. The plans shall be revised to show the parking layout under the buildings.
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f. The plans shall be revised to provide 10% green space within the new
parking areas.
g. The plans shall be revised to note that only 63 units are approved for the
Cathedral Square building, not 63-70 as noted on the plans
4. The Board grants a height waiver of 19 feet for the 4-story Bacon Street Lofts
building and 19.5 feet for the senior housing addition.
5. The applicant shall comply with the requests of the South Burlington Water
Department per the letter dated August 10, 2009.
6. 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.
7. The applicant shall pay any applicable traffic impact fees for the additional vehicle
trip ends the proposed amendment is estimated to create, prior to issuance of the
zoning permit for the proposed buildings.
8. The South Burlington Fire Chief shall review the plans and provide comments prior to
final plat approval.
9. Pursuant to Section 15.13(E) of the South Burlington Land Development
Regulations, any new utility lines shall be underground.
10. The applicant shall submit exterior lighting details (cut sheets) for any new building
mounted lights, pole mounted lights, street lights and pedestrian lights on the
property.
11. The City Engineer shall review the plans and provide comments prior to final plat
approval.
12. The Development Review Board approves a 265-space or 24.2% parking waiver for
a total of 828 spaces provided.
13. 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.
14. The final plat application shall be submitted within 12 months.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Eric Knudsen — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Bill Stuono — yea/nay/abstain/not present
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Motion carried by a vote of 1- 0-0
Signed this,, day of 2009, by
L�
John Dinklage, hairman
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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