HomeMy WebLinkAboutSD-04-36 - Decision - 0466 Farrell StreetCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
F&M DEVELOPMENT COMPANY, LLC — PLANNED UNIT DEVELOPMENT
FINAL PLAT APPLICATION #SD-04-36
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) 283 residential units in six (6) buildings, 2) subdividing two (2) parcels of 24.458
acres into eight lots, 3) a 90,000 square foot building which will include 11,000 square
feet of retail, a 150 seat, 7,500 square foot restaurant, 70,000 square feet of general
office, 2,500 square foot drive -in -bank, and ten (10) residential units, 4) a 7,200 square
foot addition to an indoor recreation facility, and 5) an existing 16,000 square foot
television studio and office building. The amendment consists of: 1) a boundary line
adjustment between lots #1 and #2, 2) increasing the number of residential units from 63
to 89 at 346 Farrell Street, 3) parking lot modifications, 4) substituting an approved 7,200
square foot addition to an indoor recreation facility with two (2) additions of 2,450 square
feet and 1,980 square feet, and 5) making several other minor modifications to the
project, Farrell Street. The South Burlington Development Review Board held a public
hearing on June 1, 2004, which was continued until June 15, 2004, and then continued
again until June 17, 2004. 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 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) 283 residential units in six (6) buildings, 2) subdividing two (2) parcels of 24.458
acres into eight lots, 3) a 90,000 square foot building which will include 11,000 square
feet of retail, a 150 seat, 7,500 square foot restaurant, 70,000 square feet of general
office, 2,500 square foot drive -in -bank, and ten (10) residential units, 4) a 7,200 square
foot addition to an indoor recreation facility, and 5) an existing 16,000 square foot
television studio and office building. The amendment consists of: 1) a boundary line
adjustment between lots #1 and #2, 2) increasing the number of residential units from 63
to 89 at 346 Farrell Street, 3) parking lot modifications, 4) substituting an approved 7,200
square foot addition to an indoor recreation facility with two (2) additions of 2,450 square
feet and 1,980 square feet, and 5) making several other minor modifications to the
project, Farrell Street.
2. The owners of record are EF Farrell, LLC and DB Morrissey, LLC.
3. The subject property contains 24.458 acres and is located in the Commercial 1 (C1)
District.
4. The plans consist of twelve (12) sheets, sheet one (1) of which is entitled "Boundary
Line Adjustment Between Lot 1 and Lot 2 — O'Dell Parkway PUD — South Burlington,
Vermont", prepared by Civil Engineering Associates, dated April 23, 2004.
5. The most recent approval by the Development Review Board for the subject PUD was
on March 16, 2004.
Setbacks:
The proposed 89-unit residential building meets the rear and side setback requirements
for the subject PUD, as outlined in Table C-2 of the South Burlington Land Development
Regulations. However, the proposed front setback is 20', which does not meet the 30'
front setback requirement for the subject PUD, as outlined in Table C-2 of the South
Burlington Land Development Regulations. Pursuant to Section 15.02 of the South
Burlington Land Development Regulations, the Development Review Board may
approve a structure to be located up to five (5) feet from any property boundary.
Density:
The maximum density (without affordable housing density bonuses) allowed in the
subject PUD is 366 units (15 units/acre x 24.458 acres = 366.87 units). The proposed
project will increase the density from 293 units to a total of 319 units.
Coverage:
The proposed amendment will result in a building coverage of 18.8% and a total coverage
of 56.8%. Both of these coverages are in compliance with Table C-2 of the South
Burlington Land Development Regulations. These amended coverages include the Ben
Franklin building.
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 May 27, 2004.
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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
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 by Farrell Street, a proposed public roadway
connecting Shelburne Road and Swift Street. The proposed access is the same access
that was approved in the previous approval. According to the ITE, 7th Edition, the
amendment is estimated to increase the P.M. vehicle trip ends from 24.6 to 34.8, for a
total increase of 10.2 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.
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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 to the Interstate and
the PUD. 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 and approved the plans. He stated that his
comments from October 31, 2003 are still applicable to the project.
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. There
is a future recreation path extending out of the northerly boundary of the PUD and a
proposed bike path extending out of the easterly boundary of the PUD.
The utilities and landscaping are compatible with adjacent properties.
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 street lights and
pedestrian lights on the property. Both of the proposed lighting fixtures comply with
Appendix A in 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 and approved the plans for the proposed project
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
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The proposed PUD is 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 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. In addition, the site provides for adequate planting and safe
pedestrian movement.
Based on the South Burlington Land Development Regulations, the most recent approval
(SD-04-13) required 1,065 parking spaces, but received an approval of 998 total parking
spaces. A waiver was granted for a 67 (1,065 — 998) parking space, or a 6.3%, shortfall.
The proposed amendments will increase the parking requirement from 1,065 parking
spaces to 1,078 parking spaces. The applicant is proposing to provide 1,020 parking
spaces throughout the entire PUD. Thus, the applicant is requesting a 58 parking space, or
a 5.4% waiver.
The applicant has submitted the details for the parking spaces for the proposed project.
The parking spaces meet the standards of Table 13-8 in the South Burlington Land
Development Regulations.
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 Development Review Board 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.
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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 that possible recreational vehicle parking areas will be addressed at
future development proposals for the subject PUD.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The proposed building contains one (1) parking lot that is located to the rear of the
proposed building and one (1) parking lot below the proposed building.
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 pitched -roof structure shall be 40' above average pre -construction
grade. The average pre -construction grade for the subject lot is 221 feet. The applicant has
stated that the proposed building will be 47' above the average pre -construction grade and
therefore requires a height waiver for 7'. The applicant has requested an 8' height waiver to
account for any unforeseen site conditions. The Development Review Board granted a
height waiver of 15' during its approval of SD-03-67 on November 4, 2003, as it found the
proposed project in compliance with Section 3.07(F)(2) of the South Burlington Land
Development Regulations. Thus, the applicant is seeking a height waiver that is 7' less
than what was originally granted.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines shall be underground.
The Development Review Borad 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.
1.
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.
The proposed amendment does not pose any opportunities to create access to abutting
properties that will reduce curb cuts, improve general access, or 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.
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 applicant is proposing a 300 square foot enclosed trash and recycling facility on the
northwestern comer of the paring lot.
Landscaping and Screening Requirements
The previously approved PUD had a landscaping requirement of $132,875, based on
building costs. This landscaping requirement is being met. The applicant has submitted a
landscape budget for the proposed building, which contributes to the landscaping on the
overall PUD. The landscape budget indicates that a total of $70,321 of landscaping will be
planted for the proposed building, which is in well above the requirements set forth in Table
13-9 of the South Burlington Land Development Regulations. In addition, the applicant is
proposing an additional $15, 322 worth of landscaping on the Twin Oaks lot. In total, the
proposed landscape budget for the PUD is $276,422.
Pursuant to Section 13.06(B) of the South Burlington Land Development Regulations, in
all off-street parking area with twenty (20) 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. At least one (1) major deciduous shade tree, whose caliper is equal to or
greater than two and one-half (2.5) inches when measures six (6) inches above ground
at the time of planting, shall be provided within each parking area for every three
thousand (3,000) square feet of paved area or every ten (10) parking spaces, whichever
is greater.
INA
The applicant submitted an 8.5 x 11" depiction of the parking lots for the proposed 89-
unit residential building and the fitness center. Both meet the requirements set forth in
Section 13.09 of the South Burlington Land Development Regulations.
Pursuant to Section 13.06(B) of the South Burlington 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 May 26, 2004.
DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Final Plat Application
#SD-04-36, 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 plans submitted by the applicant, as
amended by this decision, and on file in the South Burlington Department of Planning &
Zoning.
3. 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.
4. The plat plans shall be revised to show the following changes and shall require approval
from the Administrative Officer. Four (4) copies of the approved revised plat plans shall be
submitted to the Administrative Officer prior to recording:
a. The plans shall be revised to depict proposed snow storage areas in compliance with
Section 13.06(B) of the South Burlington Land Development Regulations.
5. 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 multi -family residential building at 364 Farrell Street.
6. If and when the applicant updates the traffic study for the subject PUD, the 89-unit
residential building shall be incorporated into that study and any relevant traffic
management strategies shall be implemented.
7. The applicant shall post a landscape bond for $70,321, prior to the issuance of the
zoning permit for the multi -family residential building at 346 Farrell Street. This bond
shall remain in effect for three (3) years to assure that the landscaping has taken root
and has a good chance of surviving.
8. The applicant shall post a landscape bond for $15,322, prior to the issuance of the
zoning permit for the indoor recreation facility. This bond shall remain in effect for three
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(3) years to assure that the landscaping has taken root and has a good chance of
surviving.
9. The applicant shall comply with the requests of the South Burlington Water Department,
as outlined in the letter from Jay Nadeau dated May 27, 2004.
10. The applicant shall comply with the South Burlington Fire Chief's requests, as outlined
in his letter dated October 31, 2003.
11. The applicant shall comply with the requests of the City Arborist, as outlined in his letter
dated May 26, 2004.
12. The Development Review Board grants the applicant a 10' front setback waiver for
the building at 346 Farrell Street , for a total minimum front setback of 20'.
13. The Development Review Board grants the applicant a 58 parking space or a 5.4%
parking waiver for the building at 346 Farrell Street, for a total of 1,020 parking spaces.
14. The Development Review Board grants the applicant an 8' height waiver, for a total
maximum building height of 48' above average pre -construction grade.
15. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
16. 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.
17. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
18. The final plat plans (sheets C-3, N-3, and N5) and the survey plat shall be recorded
in the land records within 90 days or this approval is null and void. The plans 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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Chuck Bolton - 4(je�/nay/abstain/not present
Mark Boucher - C§nay/abstain/not present
John Dinklage - ea of/nay/abstain/ resen
Roger Farley - ea/nay/abstain/not present
Michele Kupersmith_- yea/nay/abstain of resent
Larry Kupferman - e /nay/abstain/not present
Gayle Quimby - ea nay/abstain/not present
Motion Carried by a vote of .3
Signed this 7 day of June, 2004, by
Gayl Quimby, Clerk
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. If you fail to appeal this decision your right to challenge this decision
at some point in the future 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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