HomeMy WebLinkAboutSD-05-60 - Decision - 0370 Farrell StreetCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING 7r� z w
F & M DEVELOPMENT CORPORATION — EASTWOOD 11
FINAL PLAT APPLICATION #SD-05-60
FINDINGS OF FACT AND DECISION
The F&M Development Corporation, herein referred to as the applicant, is requesting
final plat approval to amend a previously approved planned unit development consisting
of: 1) 309 residential units in six (6) buildings, 2) subdividing two (2) parcels of 24.458
acres into eight lots, 3) a 90,000 sq. ft. building which will include 11,000 sq. ft. of retail,
a 15-seat, 7,500 sq. ft. restaurant, 70,000 sq. ft of general office, 2,500 sq. ft. drive-in
bank, and ten (10) residential units, 4) a 4, 430 sq. ft. expansion to an indoor recreation
facility, and 5) an existing 16,000 sq. ft. television studio and office building. The
amendment consists of: 1) subdividing lot #1 into three (3) lots, 2) boundary line
adjustment between lots #8 & 9, 3) reduce size of mixed -use building to 64,350 sq. ft. to
include 40,000 sq. ft of office use, 7,000 sq. ft. of retail use and six (6) dwelling units, 4)
site modifications to 370 Farrell St, 5) increasing the expansion of indoor recreational
facility by 210 sq. ft to 4,460 sq. ft., and 6) constructing a 73-unit 4-story multi -family
dwelling on lot #9, Farrell Street. The Development Review Board held public hearings
on August 16, 2005 and September 20, 2005. Eric Farrell represented the applicant.
Since the last meeting, the applicant has decided to add two (2) dwelling units to the
building for a total of 73 units. The original request was for 71 units, so the public notice
was only for 71 units.
Based on testimony provided at the above mentioned public hearings 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
The applicant is requesting final plat approval to amend a previously approved
planned unit development consisting of: 1) 309 residential units in six (6)
buildings, 2) subdividing two (2) parcels of 24.458 acres into eight lots, 3) a
90,000 sq. ft. building which will include 11,000 sq. ft. of retail, a 15-seat, 7,500
sq. ft. restaurant, 70,000 sq. ft of general office, 2,500 sq. ft. drive-in bank, and
ten (10) residential units, 4) a 4, 430 sq. ft. expansion to an indoor recreation
facility, and 5) an e existing 16,000 sq. ft. television studio and office building.
The amendment consists of: 1) subdividing lot #1 into three (3) lots, 2) boundary
line adjustment between lots #8 & 9, 3) reduce size of mixed -use building to
64,350 sq. ft. to include 40,000 sq. ft of office use, 7,000 sq. ft. of retail use and
six (6) dwelling units, 4) site modifications to 370 Farrell St, 5) increasing the
expansion of indoor recreational facility by 210 sq. ft to 4,460 sq. ft., and 6)
constructing a 73-unit 4-story multi -family dwelling on lot #9, Farrell Street.
2. The owner of record of the subject property is F & M Development Corporation.
3. The subject property is located in the Commercial 1 — Residential 15 (Cl-R15)
Zoning District.
4. The plans submitted consist of a 29 page set of plans, page two (2) entitled,
"Revised Final Plat O'Dell Parkway PUD South Burlington Vermont", prepared by
Civil Engineering Associates, Inc., dated 6/20/05.
Setbacks:
The proposed 73-unit residential building meets 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.
Density:
The maximum density allowed in the subject PUD is 457 units (includes affordability
bonus which has been met). The proposed project will increase the number of units built
from 309 units to a total of 388 units. Sixty-nine (69) units of density remain.
Coverage:
The applicant has stated that Ben Franklin, which is not technically part of the PUD, has, is,
and will continue to be counted towards building and overall overages for the PUD. The
coverages are acceptable and within the regulations for the zoning district.
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:
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, reviewed the
plans and provided comments in a letter dated July 19, 2005.
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 proposed project shall adhere to standards for erosion control as set forth in Section
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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.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access is provided to the proposed building on lot 9 by Farrell Street, a proposed public
roadway connecting Shelburne Road and Swift Street. The proposed 24' drive and 67
space parking lot is off Farrell Street, to the west of the access for Eastwood Commons
and to the east of the TV Studio. This access will connect to the parking lots for the
buildings on lot 1, and will connect to a proposed pedestrian walkway to the Twin Oaks
facility.
According to the ITE, 7t" Edition, the amendment is estimated to bring the Planned Unit
Development's total P.M. vehicle trip ends to 253 P.M. peak -hour vehicle trip ends. The
applicant will pay any applicable traffic impact fees for the additional vehicle trip ends the
proposed amendment is estimated to create.
The proposed amendment will not create any new circulation issues.
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.
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.
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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. Also, the open space on this PUD will not vary from the previously approved plans.
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 most recent plans and provided revised
comments in a letter dated September 19, 2005. The Fire Chief stated that he finds the
plans acceptable and requests no changes.
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 proposed public road serves all lots in the PUD. 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
proposed recreation path has been moved and now 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. The recreation path
committee should review this proposed location.
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 submit 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.
At this time, the applicant is not proposing building -mounted lights for the building.
The City Engineer has reviewed the plans for the proposed project and provided comments
in a memo dated July 21, 2005.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed PUD is consistent with the South Burlington Comprehensive Plan for the
following reasons:
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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 high density, mixed -use development, which is the
fits the character and the goals for the area.
c. 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. The site provides for adequate planting and safe pedestrian
movement.
Based on the Land Development Regulations, the overall PUD will require 991 parking
spaces. The applicant has provided and/or is proposing to provide 824 parking spaces (per
F&M Development memo dated July 13, 2005). This shortfall is 167 spaces, or 16.9%.
The applicant has submitted the details for the surface -level parking spaces for the
proposed project. The surface parking spaces meet the standards of Table 13-8 in the
Land Development Regulations. The plan showing underground parking spaces lacks a
scale. The handicap spaces also appear to be lacking the five foot access aisles required
by the SBLDR.
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.
The plans for this particular building do not specify where recreational vehicle parking is
to be provided. The applicant has stated that recreational vehicle parking will not be
permitted on the property at this time. The Condominium Association Declaration and
By-laws will prohibit occupants from storing recreational vehicles on the property. The
applicant has stated in a memo of September 15, 2005 that parking of recreational
vehicles will be prohibited in association bylaws.
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Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The proposed building contains one (1) main parking lot that is located to the west of the
proposed building as well as underground parking. This location suitably meets 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.
According to Section 3.07 (D) of the South Burlington Land Development Regulations, the
maximum height of a flat roof structure shall be 35' above average pre -construction grade.
The average pre -construction grade for the subject lot is 216 feet. The applicant has stated
that the highest point of the proposed building will be 53.25' above the average pre -
construction grade and therefore requires a height waiver for 13.25'. The applicant has
requested a 19' height waiver to account for any unforeseen site conditions.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
It has already been 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.
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The proposed amendment will offer a gravel access drive for maintenance at the Twin
Oaks facility. It will also offer connections to the western portion of the PUD, including the
TV studio and the Ben Franklin building.
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.
It has already been 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.
Landscaping and Screening Requirements
The proposed building has a landscaping requirement of $64,511 based on building costs
of $6,451,050. The acceptable landscaping budget proposed and submitted by the
applicant is $87,200. The amount of landscaping above the requirement can be deducted
from the required landscaping for the senior housing also proposed.
Pursuant to Section 13.06(B) of the Land Development Regulations, in all off-street
parking area with twenty-eight (28) or more parking spaces, at least ten percent (10%) of
the interior of the parking area shall be landscaped with trees, shrubs, and other plants.
Interior planted islands shall have a minimum dimension of six (6) feet on any one side,
and shall have a minimum square footage of sixty (60) square feet.
This parking lot for the Eastwood Commons II building contains more than 30 spaces.
The plans currently depict adequate internal planting islands.
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.
The City Arborist reviewed the plans and provided comments, dated August 5, 2005.
However, as significantly more plantings have been proposed since that date, the City
Arborist shall again review the plans,
Other
Since the last public hearing, the applicant has met with neighbors. After discussions with
them, the applicant is also proposing to remove 10 parking spaces from the north of the
building, show the access drive to Twin Oaks as gravel only, and construct a new 200' long
berm to the north of the building. This berm shall be topped with a screening fence and
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dense evergreen and deciduous plantings. The applicant is also now proposing to turn the
parking garage entrance to face the west instead of the north and enclose an internal ramp.
This will prevent headlights of cars entering and exiting the garage from being directed
towards neighboring homes. The two additional units proposed will be atop this new
enclosure.
All of these proposals are acceptable and a part of good mitigation with neighbors.
DECISION
l
Motion by �� �� iseconded by d� "'�� FA C
to approve Final Plat Application # D-05-60 of F & M Development Corporation, 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 plat plans shall be revised to show the changes below and shall require approval
of the Administrative Officer. Four (4) copies of the approved revised plan shall be
submitted to the Administrative Officer prior recording.
a) The plans shall be revised to comply with the requests of the South Burlington
Water Department, as outlined in the letter from Jay Nadeau dated July 19, 2005.
b) The plans shall be revised to comply with the requests of the City Engineer as
noted in his memo of July 21, 2005.
c) The plans depicting the underground parking spaces for `Eastwood Commons II'
shall be revised so as to show an accurate scale bar.
d) The plans shall be revised to depict proposed snow storage areas.
e) The plans shall be revised to incorporate the recommendations of the City
Arborist
f) The handicap spaces shown on the plans as part of the underground parking
spaces for `Eastwood Commons II' shall be revised to be in compliance with
Section 13.01(1) of the South Burlington Land Development Regulations.
4) The applicant shall comply with the requests of the South Burlington Water
Department, as outlined in a letter from Jay Nadeau dated July 19, 2005.
5) The applicant shall comply with the requests of the South Burlington Fire Chief, as
outlined in his letter dated August 11, 2005.
6) The applicant shall comply with the requests of the City Engineer, as outlined in his
memorandum dated July 21, 2005.
M
7) 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.
8) 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 73-unit residential building.
9) If and when the applicant updates the traffic study for the subject PUD, the 73-unit
residential building shall be incorporated into that study and any relevant traffic
management strategies shall be implemented.
10) The South Burlington Recreation Path Committee shall review the plans for the
proposed recreation path and provide comments. This recommendation shall be
included in the final plat plan.
11) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
12) The applicant shall submit exterior lighting details (cut sheets) for any new street lights
and pedestrian lights on the property prior to permit issuance.
13) If exterior lighting is to be installed on the 73-unit residential building or the indoor
recreation facility additions, the details of the lighting shall be submitted for approval
prior to the issuance of the zoning permit.
14) The Development Review Board grants a 167-space, or 16.9% parking waiver, for a
total of 824 spaces.
15) The applicant shall offer legally binding documents showing that parking of
recreational vehicles will be prohibited within the PUD. These documents shall meet
the satisfaction of the City Attorney prior to issuance of the zoning permit for the
building known as Eastwood II.
16) The Development Review Board grants the applicant a 19' height waiver, for a total
maximum building height of 54' above average pre -construction grade.
17) 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.
18) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
19) The final plat plan (sheets 1 & C-3) shall be recorded in the land records within 90
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 Director of Planning and Zoning.
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Mark Behr — &ay/abstain/not present
am — yea/nay abstain not present
Matthew Birmin$Eelaay/abstain/not
Chuck Bolton —
present
John Dinklage
ay/abstain/not present
Roger Farley —a/
a /abstain/not present
Larry Kupferman —
e ay/abstain/not present
Gayle Quimby — ge
nay/abstain/not present
Motion carried by a vote of Vr-
Signed this day of September 2005, by
John Dinklage, CKair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 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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