HomeMy WebLinkAboutSD-06-102 - Decision - 0005 Executive Drive#SD-06-102
CITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING AND ZONING
BENSEN DEVELOPMENT, LP - EXECUTIVE DRIVE
FINAL PLAT APPLICATION #SD-06-102
FINDINGS of FACT AND DECISION
Bensen Development LP, hereafter referred to as the applicant, is seeking final plat
approval to amend a Planned Unit Development consisting of two (2) commercial
buildings (9280 sq. ft. and 3672 sq. ft.) and 16 multi -family dwelling units in three (3)
buildings. The amendment consists of constructing a nine (9) unit multi -family dwelling,
5 Executive Drive. The Development Review Board held public hearings on December
5, 2006 and December 19, 2006. 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 approval to amend a Planned Unit
Development consisting of two (2) commercial buildings (9280 sq. ft. and 3672
sq. ft.) and 16 multi -family dwelling units in three (3) buildings. The amendment
consists of constructing a nine (9) unit multi -family dwelling, 5 Executive Drive.
2. The owner of record of the subject property is Bensen Development, LP.
3. The subject property is located in the Commercial 1-Residential 12 (Cl-R12)
Zoning District.
4. The applicant appeared before the Board for sketch plan review on May 16, 2006
and preliminary plat review on August 1, 2006.
5. The plans submitted consist of a ten (10) page set of plans, page one (1) entitled,
"Subdivision Plat Bensen Development Co. 5 Executive Drive So. Burlington,
VT", prepared by Trudell Consulting Engineers, dated 4/15/02, last revised on
12/ 12/06.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
C1-R12 Zoning District
Required
Proposed
Min. Lot Size
n/a
n/a
Max. Density
12 units/acre
6.9 units/acre
4Max. Building Coverage
40%
11.2%
4Max. Total Coverage
70%
34.30'
�l Min. Front Setback
30 ft.
>30 ft.
Min. Side Setback
10 ft.
loft
�l Min. Rear Setback
30 ft.
>30 ft.
# Max. Building Height
35-40 ft.#
38 ft
4 Zoning compliance
# Max building height is 35 ft for flat roof; 40 ft for pitched roof. The proposed
building is in compliance with this regulation.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs
shall comaly with the followina 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 additional dwelling units.
The South Burlington Water Department has reviewed the plans for this proposal and
provided comments in a letter dated December 18, 2006. The South Burlington Water
Department has reviewed the revised plans and agrees with the applicant that the water
line is not on the applicant's property. The plans should be revised to the satisfaction of the
South Burlington Water Department.
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.
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.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
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Access to the lot is proposed via Executive Drive. Executive Drive was previously a
private road. However, given the nature of the properties that the road serves,
Executive Drive must, in accordance with the South Burlington Land Development, be
upgraded to a City Street. The applicant has revised the plans to depict a 50' Right Of
Way that begins at the intersection of Patchen Road and ends at the parking area for the
multi -family units. The applicant is proposing a hammerhead turn around for City
maintenance vehicles. This Road also serves as access to several other existing
buildings, including office space and a sit down restaurant. This is sufficient and the
applicant has successfully met the goals of this criterion.
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.
There do not appear to be any wetlands, streams, wildlife habitat or other unique natural
features on the site.
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.
This proposal meets the goals of the C1-R12 District as it encourages both high -density
residential and commercial use and development.
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 plans show a sufficient amount of contiguous area used as a park
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 Fire Chief has reviewed the preliminary plans and provided comments in a letter dated
July 27, 2006. He has no additional comments and that the comments of July 27, 2006 will
continue to suffice for the final plans.
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 City Engineer reviewed the plans for the proposed project and provided comments in a
memorandum dated July 13, 2006. The applicant should adhere to the comments
numbered 1 and 3. The City Engineer was not aware that Executive Drive is to become a
public road and therefore his comment number 2 is not applicable. The applicant may
disregard comment number 2.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
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The issue of the road and ROW width have already been addressed. They are acceptable.
The applicant submitted details as part of preliminary plat submission for any new exterior
lighting to be used on the proposed building. The cut sheets submitted are in compliance
with the regulations.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed project is consistent with the South Burlington 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 safe pedestrian movement.
Based on the number of units and the square footage of all existing and proposed buildings
on the site, the 131 parking spaces are required. This number may be reduced to 125
spaces if the residential parking spaces are common, i.e. non -reserved. The applicant is
proposing to provide 114 parking spaces. This is a shortfall of 17 spaces or 13% if the
spaces are reserved or 11 spaces or 8.8% if the residential spaces are in common.
Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for
employees, residents, and visitors to the site. This criterion is already being met on the
property.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The parking proposed for this project is shown to the front of the building. This is the most
appropriate location of parking. If the parking were to be to the rear of the building it would
be closest to the park. The Board would prefer that parking be separated from the nearby
park, as shown.
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 height of the proposed building is 40'. The maximum height for buildings with peaked
roofs in South Burlington is 40'. This is within the allowed height for pitched roof buildings.
The applicant should ensure that the building is indeed a pitched roof.
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 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. In
addition, the 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 applicant has submitted building elevation plans of the proposed project as part of
preliminary plat application. The elevations as presented meet this criterion. The new
building is proposed to have exterior siding and treatments which will match the existing
residential buildings.
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.
It is not necessary to reserve additional land for drives or parking.
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 noted 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).
All dumpsters and solid waste facilities shall be
satisfaction of the Development Review Board.
the entrance to the residential component. It is
fencing.
accessible, secure, and screened to the
The plans show a dumpster enclosure at
proposed to be screened with stockade
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Landscaping and Screening Requirements
The landscaping requirements for the property will be based on the construction costs of
the new building. Based on the costs submitted, the minimum landscaping budget shall be
$12,765. The applicant is proposing a budget of $12,790. More than $3,500 of this is to be
comprised of 220 feet of stockade wood fencing along the western side of the property
bordering the Higher Ground property. The Development Review Board may allow the
substitution of fencing for trees and plants provided that the purpose and goal of the
landscaping requirement is still being met. This fence meets such goals and that the site is
currently substantially landscaped.
Pursuant to Section 13.06(B)(4) of the South Burlington Land Development Regulations,
the plans should show the location of snow storage areas. These areas are shown on
the plans and located appropriately.
The City Arborist reviewed the landscaping plans on July 26, 2006 and November 28,
2006.
DECISION
FV
//yyam�Motion by k q"le���!', seconded by C/� L� to
approve Final Plat Application #SD-06-102 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) The plans shall be revised to show the changes below and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to recording.
a) The plans shall be revised to the satisfaction of the South Burlington Water
Department as outlined in their letter dated 12/18/06.
b) The plans shall be revised to comply with the requests of the City Engineer,
numbered 1 and 3, as per the memo dated November 30, 2006.
c) The plans shall be revised to reflect the comments of the South Burlington City
Arborist per the memos dated July 26, 2006 and November 28, 2006.
d) The plans shall be revised to comply with the requests of the Director of Public
Works as outlined in a memorandum dated 12/1/06.
e) The plans shall be revised to indicate building elevations.
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f) The plans shall be revised to reduce the width of the street pavement from 30 feet
to 24 feet.
4) The applicant shall adhere to the specifications of the South Burlington Water
Department as outlined in a letter dated December 18, 2006.
5) The applicant shall adhere to the comments of the South Burlington Fire Department as
per the letter dated July 27, 2006.
6) The applicant shall comply with the requests of the City Engineer, as per the memo
dated November 30, 2006.
7) The applicant shall comply with the comments of the South Burlington City Arborist per
the memos dated July 26, 2006 and November 28, 2006.
8) The applicant shall obtain final wastewater allocation approval from the Director of
Planning and Zoning, Juli Beth Hinds, prior to issuance of a zoning permit.
9) The proposed project shall adhere to standards for erosion control as set forth in
Section 16.03 of the South Burlington Land Development Regulations.
10) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
11) The Board grants the applicant a parking waiver of 17 spaces or 13% for a total of 114
spaces.
12) The applicant shall post a $12,765 landscape bond prior to permit issuance. This bond
shall remain in full effect for three (3) years to assure that the landscaping has taken
root and has a good chance of surviving.
13) Prior to issuance of a zoning permit for the building or start of utility or road
construction, all appropriate legal documents including easements (e.g., irrevocable
offer of dedication and warranty deed for proposed public road, and utility, sewer,
drainage, water, etc.) shall be submitted to the City Attorney for approval and recorded
in the South Burlington Land Records.
14) The legal documents referred to in #13 above shall include a Certificate of Title
pursuant to Section 15.17 of the Land Development Regulations which shall be
approved by the City Attorney.
15) Prior to start of construction of the improvements described in condition #13 above, the
applicant shall post a bond which covers the cost of said improvements.
16) In accordance with Section 15.14 of the Land Development Regulations, within 14 days
of completion of required improvements (e.g. roads, water mains, sanitary sewers,
storm drains etc.) the developer shall submit to the City Engineer "as -built" construction
drawings certified by a licensed engineer.
17) The mylar shall be recorded prior to permit issuance.
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18) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
19) The final plat plan (subdivision 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 Director of Planning and Zoning.
Mark Behr — oenay/abstain/not present
Matthew Birmingham — yea/nay/abstain/ o rese t
John Dinklage — ea/nay/abstain/not p sent
Roger Farley — e nay/abstain/not
Eric Knudsen — e /nay/abstain/not present
Peter Plumeau — ed/nay/abstain/not resent
Gayle Quimby — yea/nay/abstain/pot resent
Motion carried by a vote of =( o -'b_
Signed this �D Ada of g y �,GL�✓�!%S� %%Z— 2006, by
Mark Behr, Vice Chairman
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).
WO