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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. CAUsers\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\SD_12_34_5- 9Executive Drive—Bensen Development_ffd.doc #SD-12-34 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. 2 C:\Users\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\SD_12_34_5- 9ExecutiveDrive_BensenDevelopment _ffd.doc #SD-12-34 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: CAUsers\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\SD_12_34_5- 9ExecutiveDrive_Bensen Development_ffd.doc #SD-12-34 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, 4 C:\Users\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\SD_12_34_5- 9Executive Drive_BensenDevelop ment_ffd.doc #SD-12-34 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). C:\Users\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\SD_12_34_5- 9ExecutiveDrive_Bensen Development_ffd.doc #SD-12-34 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 6 CAUsers\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\SD_12_34_5- 9 Executive D rive_Bensen Development_ffd. doc #SD-12-34 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. 7 C:\Users\Mark\Documents\South Burlington DRB\03.05.13 Meeting Decisions\SD_12_34_5- 9Executive Drive_BensenDevelopment_ffd.doc