HomeMy WebLinkAboutSD-03-67 - Decision - 0466 Farrell StreetCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
F&M DEVELOPMENT COMPANY, LLC — PLANNED UNIT DEVELOPMENT
FINAL PLAT APPLICATION #SD-03-67
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) a 95 room hotel, 2) 160 residential units in four (4) buildings, 3) a 130 unit
congregate housing facility, 4) subdividing two (2) parcels of 24.458 acres into eight
lots, 5) 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, 6) a 7,200 square foot addition to an
indoor recreation facility, and 7) an existing 16,000 square foot television studio and
office building. The amendment consists of replacing the approved 130 unit congregate
housing facility with 63 residential units, Farrell Street. The South Burlington
Development Review Board (DRB) held a public hearing on November 4, 2003. 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 DRB finds,
concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is requesting final plat approval to amend a previously approved planned
unit development consisting of: 1) a 95 room hotel, 2) 160 residential units in four (4)
buildings, 3) a 130 unit congregate housing facility, 4) subdividing two (2) parcels of
24.458 acres into eight lots, 5) 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, 6) a 7,200
square foot addition to an indoor recreation facility, and 7) an existing 16,000 square foot
television studio and office building. The amendment consists of replacing the approved
130 unit congregate housing facility with 63 residential units, 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 (Cl)
District.
4. The plans consist of two (2) sheets entitled "O'Dell Parkway PUD — Eastwood
Commons", prepared by T.J. Boyle and Associates, dated September 4, 2003; one (1)
sheet entitled "O'Dell Parkway PUD — Farrell Street — South Burlington, VT", prepared
by Civil Engineering Associates, dated August 28, 2003; and three (3) sheets entitled
"Eastwood Commons — 346 Farrell Street — South Burlington, Vermont", prepared by
Wiemann/Lamphere Architecture/Engineering, dated October 1, 2003.
5. The Development Review Board reviewed the sketch plan for this project on August
19, 2003.
Setbacks:
The proposed building meets all 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 366 units (15 units/acre x 24.458
acres = 366.87 units). The proposed project, including the proposed 60 unit residential
building (SD-03-58), will result in a total of 293 units.
Coverage:
The most recent approval for the subject PUD (SD-02-21) had a building coverage approved
at 171/6 (18% with Ben Franklin) and an overall coverage of approved at 53.3% (54.3% with
Ben Franklin). The proposed amendments (SD-03-67 and SD-03-58) would create a minor
change in overall coverage and building coverage on the subject property. The amendment
on Lot #2 (SD-03-67) will increase the building coverage by 704 square feet and increase
the overall coverage by 10,707 square feet. The amendment on Lot #4 (SD-03-58) will
decrease the building coverage by 1,752 square feet and decrease the overall coverage by
225 square feet. Thus, the overall coverage will increase by 10,482 square feet, while the
building coverage will decrease by 1,048 square feet, for the entire PUD. Accordingly, the
building coverage will be reduced to 16.9% (17.9% with Ben Franklin) and the overall
coverage will be increased to 54.3% (55.3% with Ben Franklin).
PLANNED UNIT DEVELOPMENT STANDARD.'Y
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.
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The Superintendent of the South Burlington Water Department, Jay Nadeau, reviewed and
approved the plans of the proposed project.
According to Jay Nadeau, the City currently has the available capacity to supply the
amended PUD. The amended water allocation is valid for a five-year period from the date
of Jay's letter on September 16, 2003.
According to a letter from the City of Burlington Department of Public Works dated August
29, 2003, the City of Burlington's Water and Wastewater Treatment, Distribution, and
Collection Facilities have sufficient unreserved capacity to 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 Joy Drive. The proposed access is the same access that
was approved in the previous approval. According to the ITE, 61h Edition, the change in
use is estimated to increase the P.M. vehicle trip ends from 22.1 to 24.6, for a total
increase of 2.5 P.M. peak -hour adjacent street traffic. Using the ITE, 6`h Edition, the
Development Review Board's calculations indicate that the change in use from a 130 unit
congregate housing facility to 63 residential units and the change in use from a 95 room
extended stay hotel to 60 residential units (SD-03-58) will result in an estimated net
decrease of 12.1 vehicle trip ends from the previous approval.
The Development Review Board does not feel the proposed use will create any new
circulation issues.
The applicant has submitted an excerpt from the Traffic Impact Analysis, dated
December 27, 1999, performed by Resources Systems Group, Inc. that was submitted
with the original approval for the subject PUD.
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.
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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 districts)
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 Development Review Board feels that the proposed development conforms to the
purpose of the C I 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 CI District. Also, the proposed
development is part of a PUD, which is encouraged in the CI District.
Open space areas on the site have been located in such a way as to maxindw
opportunities for creating contiguous open spaces between adioining parcels andlor
stream buffer area
The major open space area on this PUD is the land adjacent to the Interstate which
comprises the IHO. The Development Review Board feels 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 Development Review Board also notes that 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. The applicant must
comply with the Fire Chief s requests, as outlined in his letter dated October 31, 2003.
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
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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 Development Review Board feels 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 reviewed and approved the plans for the proposed project on October 16,
2003.
The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The Development Review 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 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 PI_4NREVIEW.STANDARM
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.
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The Development Review Board feels the proposed project accomplishes a desirable
transition from structure to site and from structure to structure. The Development Review
Board also feels the site provides for adequate planting and safe pedestrian movement.
Based on the Land. Development Regulations, the most recent approval required 1,072
parking spaces, but received an approval of 961 total parking spaces. The plans depict a
total of 1,000 parking spaces. The current proposal will alter the parking requirement,
reflecting the change in use from a 130 unit congregate housing facility to a 63 unit
residential facility. The new requirement, based on the Land Development Regulations is
1,065 parking spaces (1,072 - 95 room extended stay hotel -130 unit congregate housing
facility + 60 unit residential + 63 unit residential). The Development Review Board notes
that this calculation includes the changes proposed through the applicant's other application,
#SD-03-58, currently in front of the Development Review Board for approval. So, the
parking requirement has decreased from the previous approval. A waiver has been
requested for 65 (1,065—1,000) parking spaces, or a 6.1% shortfall, for a total of 1,000
parking spaces.
The City hired Wilbur Smith Associates to conduct a parking study for the PUD, as
amended by the proposed project. The study looked at existing conditions on the property
and analyzed the demand of the proposed changes, including the applicant's other
amendment in front of the Development Review Board (SD-03-58). The conclusion of the
study was that the proposed parking on the property is sufficient to accommodate the
proposed buildings.
The applicant has submitted the details for the above -ground and underground parking
spaces for the proposed project. The parking spaces meet the standards of Table 13-8 in the
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 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 that possible recreational vehicle parking areas will be addressed at
future development proposals for the subject PUD.
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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 two (2) parking lots, one (1) under the building and one (1)
to the westerly side of the 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 flat -roof structure shall be 35' above average pre -construction grade.
The average pre -construction grade for the subject lot is 217 feet. The applicant has stated
that the proposed building will be 39.25' above the average pre -construction grade and has
requested a waiver for the additional 5' (rounded up from 4.25' for margin of error).
According to Section 3.07(F) of the South Burlington Land Development Regulations, the
Development Review Board may approve a waiver, but for each foot of additional height
above 35', all front and rear yard setbacks shall be increased by one (1) foot and all side
yard setback shall be increased by one-half (1/2) foot. Thus, the front and rear setbacks
shall be increased by 5' and the side yard setback shall be increased by 2.5' in order for the
Development Review Board to approve this waiver. The Development Review Board notes
that these additional setback requirements are met. The applicant has also requested an
additional height waiver of 3' to accommodate the elevator vent. This waiver is strictly for
the elevator vent, which will extend 3' above the roof -line.
The applicant has stated he will be prepared to defend his request for a height waiver at the
meeting. The Development Review Board has attached an excerpt form the applicant's Act
250 amendment application, prepared by Rabideau Architects, that addresses the issue of the
project's visual impacts.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the event feasible, be underground
The Development Review 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.
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The Development Review Board feels 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.
The Development Review Board' feels 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
The Development Review Board does not feel the addition of the proposed building poses
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.
The Development Review 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 plans show two (2) dumpsters in the parking lot located to the west of the proposed
building, which are both enclosed.
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 $32,516.45 of landscaping will be planted
for the proposed building, which is in compliance with Table 1.3-9 of the Land Development
Regulations.
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Pursuant to Section 13.06(B) of the Land Development Regulations, in all off-street
parking area with twenty (20) of more parking spaces, at least ten percent (l 0%) 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.
The applicant submitted an 8.5 x 11" depiction of the parking lot for the proposed
building and the proposed landscaped areas, which meet the requirements set forth in
Section 13.09 of the Land Development Regulations.
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
applicant has depicted the proposed snow storage area on the plans for the proposed
building, which comply with Section 13.06(B) of the Land Development Regulations.
DECISION
Motion by Larry Kupferman, seconded by Gayle Quimby, to approve Final Plat
Application #SD-03-58, 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. If and when the applicant updates the traffic study for the subject PUD, the new use
shall be incorporated into that study and any traffic management strategies related to the
proposed 60-unit multi -family dwelling units shall be implemented.
5. The applicant shall comply with the requests of the Fire Chief, as outlined in his letter
dated October 31, 2003, prior to recording of the final plat plans.
6. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
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7. If exterior lighting is to be installed on the building, the details of the lighting shall be
submitted for approval prior to the issuance of the zoning permit.
8. The Development Review Board approves a parking waiver for the 65 parking space, or
6.1%, shortfall requested by the applicant, for a total of 1,000 spaces.
9. All dumpsters and solid waste facilities shall be accessible, secure, and screened to the
satisfaction of the Development Review Board.
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 City Arborist, as outlined in the
comments dated August 18, 2003.
12. The applicant shall post a $32,516 landscape bond prior to the issuance of the zoning
permit. 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.
13. Pursuant to Section 15.08 (D) of the South Burlington Land Development
Regulations, the applicant shall submit homeowner's association legal documents prior to
the issuance of the first zoning permit. The documents shall include language that:
a. prohibits the storage and parking of recreational vehicles within the
development;
14. The Development Review Board approves a height waiver of 5', for a building roof
height of 40' above pre -construction grade. The Development Review Board approves
an additional height waiver of 3' to accommodate the elevator vent, which shall rise 43'
above average pre -construction grade.
15. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
16. Sheet C-3, as depicted on the plans last revised on October 30, 2003, shall be
amended to show the entire PUD as it would appear with only the proposed amendment
approved, prior to final plat recording.
17. The final plat plans (sheets C-3 and S-3) 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.
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Chuck Bolton -'nay/abstain/not present
Mark Boucher - ya/nay/abstain/not present
John Dinklage - yt a/nay/abstain/not present
Roger Farley - yea/nay/abstain/not present
Michele Kupersrnith - Eea/nay/abstain/not present
Larry Kupferman - yea/nay/abstain/not present
Gayle Quimby - yea/nay/abstain/not present
Motion Carried by a vote of 7-0-0.
Signed this _rJ day of November, 2003, by
Dinklage,
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