HomeMy WebLinkAboutSD-12-34 - Decision - 0009 Executive Drive#SD-12-34
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BENSEN DEVELOPMENT LP — EXECUTIVE DRIVE
FINAL PLAT APPLICATION #SD-12-34
FINDINGS OF FACT AND DECISION
Bensen Development, LP, hereinafter referred to as the applicant, is seeking final plat
plan approval to amend a previously approved planned unit development consisting of
two (2) commercial buildings (9280 sq. ft. and 3672 sq. ft.), 16 multi -family dwelling
units in three (3) buildings. The amendment consists of subdividing a 2.21 acre parcel
into two (2) lots of 0.90 acres (lot #2 developed with the multi -family dwellings), and
1.31 acres (lot #3 undeveloped), 5-9 Executive Drive.
The Development Review Board held a public hearing on February 19, 2013. Craig
Bensen represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the
Development Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking final plat plan approval to amend a previously approved
planned unit development consisting of two (2) commercial buildings (9280 sq. ft. and
3672 sq. ft.), 16 multi -family dwelling units in three (3) buildings. The amendment
consists of subdividing a 2.21 acre parcel into two (2) lots of 0.90 acres (lot #2
developed with the multi -family dwellings), and 1.31 acres (lot #3 undeveloped), 5-9
Executive Drive.
3. The owner of record of the subject property is Bensen Development.
3. The application was received on December 7, 2012.
4. The subject property is located in the Commercial 1/Residential 12 Zoning Districts.
5. The plan submitted is entitled 'Subdivision Plat Bensen Development LP. 5 Executive
Drive So. Burlington, Vermont", prepared by Trudell Consulting Engineers, dated
3/27/02. last revised on 7/24/12.
Dimensional Standards:
The applicant is proposing to subdivide a 2.21 acre lot into two lots of 0.90 acres and
1.31 acres. This action would create non -conforming lots and therefore will not be
considered two lots for planning and zoning. For purposes of planning and zoning, the
two (2) lots included in this proposal shall be considered one (1) 2.21 acre lot.
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SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions 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 of the South Burlington Land Development Regulations, the
existing public water system shall be extended so as to provide the necessary quantity of
water, at an acceptable pressure. The units on the proposed lots will be connected to the
public water system. The South Burlington Water Department has already reviewed and
approved the proposed water lines According to Section 15.13 of the South Burlington
Land Development Regulations, the subdivider or developer shall connect to the public
sewer system or provide a community wastewater system approved by the City and the
State in any subdivision where off -lot wastewater is proposed.
The proposed subdivision does not involve any construction as part of this application.
Suhicient 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 subdivision does not involve any construction as part of this application.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads
The proposed subdivision does not involve any construction as part of this application.
The proyect'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 proposed subdivision does not involve any construction as part of this application.
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,
The proposed subdivision does not involve any construction as part of this application.
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 proposed subdivision does not involve any construction as part of this application.
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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 proposed subdivision does not warrant review by the South Burlington Fire Chief at
this stage.
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
The proposed subdivision does not involve any construction as part of this application.
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 proposed subdivision does not involve any construction as part of this application.
The project is consistent with the goals and objectives of the Comprehensive
Plan for the affected district(s).
The proposed subdivision does not involve any construction as part of this application.
Other
For purposes of planning and zoning, the two (2) lots included in this subdivision shall
be considered one (1) lot. The applicant will be required to record a "Notice of
Condition" to this effect which has been approved by the City Attorney prior to recording
the final plat plan.
Site Plan Review
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall
require site plan approval. Section 14.06 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 subdivision does not involve any construction as part of this application.
Chapter 14.06 of the South Burlington Land Development Regulations states the
following:
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Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side
of a building facing a public street shall be considered a front side
of a building for the purposes of this subsection.
(b) The Development Review Board may approve parking between a
public street and one or more buildings if the Board finds that one
or more of the following criteria are met. The Board shall approve
only the minimum necessary to overcome the conditions below.
(i) The parking area is necessary to meet minimum
requirements of the Americans with Disabilities Act;
(ii) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions such as a utility
easement or unstable soils that allow for parking, but not a
building, to be located adjacent to the public street;
00 The lot contains one or more existing buildings that are to
be re -used and parking needs cannot be accommodated to
the rear and sides of the existing building(s), or,
(v) The principal use of the lot is for public recreation.
(c) Where more than one building exists or is proposed on a lot, the
total width of all parking areas located to the side of building(s) at
the building line shall not exceed one half of the width of all
building(s) located at the building line. Parking approved pursuant
to 14.06(3) (2) (b) shall be exempt from this subsection.
(d) For through lots, parking shall be located to the side of the
building(s) or to the front of the building adjacent to the public
street with the lowest average daily volume of traffic. Where a lot
abuts an Interstate or its interchanges, parking shall be located to
the side of the building(s) or to the front adjacent to the
Interstate. Parking areas adjacent to the Interstate shall be
screened with sufficient landscaping to screen the parking from
view of the Interstate.
Subsection (b) (iii) applies.
Section 13.01(G) (5) requires that bicycle parking or storage facilities are provided for
employees, residents, and visitors to the site. A bicycle rack is not shown on the plans as
there is no development proposed.
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,
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The proposed subdivision does not involve any construction as part of this application.
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 Land Development Regulations, any new utility lines,
services, and service modifications 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
Proposed structures sha// 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 proposed subdivision does not involve any construction as part of this application.
In addition to the above general review standards, site plan applications shall meet the
following specific standards as set forth in Section 14.07 of the 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 genera/ access and circulation in
the area.
The newly proposed lot does have access to Executive Drive.
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 Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
Al/ dumpsters and other facilities to handle so/id 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).
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The plans do not depict proposed dumpsters or recycling facilities as there are no buildings
proposed.
Landscaping
Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and
screening shall be required for all uses subject to site plan and PUD review. Section
13.06(B) of the Land Development Regulations requires parking facilities to be curbed and
landscaped with appropriate trees, shrubs, and other plants including ground covers.
Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas
must be shown on the plans. The plans should show snow storage areas for the subject
property.
The plans do not depict snow storage areas.
As there is no new construction, there is no minimum landscaping budget.
Lighting
Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be
placed more than 30' above ground level and the maximum illumination at ground level
shall not exceed an average of three (3) foot candles. Pursuant to Appendix A.10 (b) of
the Land Development Regulations, indirect glare produced by illumination at ground
level shall not exceed 0.3 foot candles maximum, and an average of 0.1 foot candles
average.
No lighting is shown. The applicant would need to return to the board if they wish to
propose lighting at any future time.
DECISION
Motion by Tim Barritt, seconded by Bill Stuono, to approve Final Plat Application #SD-
12-34 of Bensen Development, LP, 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. For purposes of planning and zoning, the two (2) lots included in this subdivision
shall be considered one (1) 2.21 acre lot. The applicant shall record a "Notice of
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Condition" to this effect which has been approved by the City Attorney prior to
recording the final plat plan.
4. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
5. The final plat plan (survey plat) shall be recorded in the land records within 180 days
or this approval is null and void. The plan shall be signed by the Board Chair or Clerk
prior to recording. Prior to recording the final plat plan, the applicant shall submit a
copy of the survey plat in digital format. The format of the digital information shall
require approval of the South Burlington GIS Coordinator.
Tim Barritt —
yea
nay
abstain
not present
Mark Behr —
Yea
nay
abstain
not present
Art Klugo —
Yea
nay
abstain
not present
Bill Miller —
yea
nay
abstain
not present
Michael Sirotkin —
yea
nay
abstain
not present
Bill Stuono —
Yea
nay
abstain
not present
Motion carried by a vote of 5 — 0 — 0
Signed this 12th day of March 2013, by
Digitally signed by Mark C. Behr
Mark C. Behremail= ark ark@r Behr, o,ou,
email=mark@rhbpc.com, c=US
Date: 2013.03.12 16:19:45-04'00'
Mark Behr, Chairman
Please note: An appeal of this decision may be taken by filing, within 30 days of the
date of this decision, a notice of appeal and the required fee by certified mail to the
Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of
appeal must also be mailed to the City of South Burlington Planning and Zoning
Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)
(4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vermontjudiciary.org/GTC/environmental/defauIt.aspx for more information on
filing requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain
relevant state permits for this project. Call 802.879.5676 to speak with the regional
Permit Specialist.
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