HomeMy WebLinkAboutSD-11-05 - Decision - 0514 Farrell Street (2)#SD-11-05
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
POINT FIVE DEVELOPMENT SOUTH BURLINGTON LLC& GERMANIA
PROPERTY GROUP LLC
514 FARRELL STREET
FINAL PLAT APPLICATION #SD-11-05
FINDINGS OF FACT AND DECISION
"CORRECTED"
Point Five Development South Burlington, LLC & Germania Property Group, LLC for
reconsideration final plat application #SD-11-05 to amend a previously approved
planned unit development consisting of: 1) 425 residential units in eight (8) buildings, 2)
a 91 unit congregate housing facility, and 3) a 4,430 sq. ft. expansion of an indoor
recreation facility. The amendment consists of: 1) adding the property at 514 Farrell
Street to the PUD, 2) merging the lot at 514 Farrell Street into adjacent lot #14 to create
a 0.92 acre parcel, and 3) adjusting the boundary lines between lots # 14 and #15, 514
Farrell Street.
The Development Review Board held public hearings on March 1 & 15, 2011 and a
reconsideration hearing on May 3, 2011. Joe Bauer and Eric Farrell represented the
applicants.
Based on testimony provided at the above mentioned public hearings 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. Point Five Development South Burlington, LLC, Germania Property Group, LLC, E.F.
Farrell, LLC and D.B. Morrissey, LLC hereafter referred to as the applicants, are seeking
reconsideration of final plat application #SD-11-05 to amend a previously approved
planned unit development consisting of: 1) 425 residential units in eight (8) buildings, 2)
a 91 unit congregate housing facility, and 3) a 4,430 sq. ft. expansion of an indoor
recreation facility. The amendment consists of: 1) adding the property at 514 Farrell
Street to the PUD, 2) merging the lot at 514 Farrell Street into adjacent lot #14 to create
a 0.92 acre parcel, and 3) adjusting the boundary lines between lots # 14 and #15, 514
Farrell Street.
2. The owners of record of the subject property are Point Five Development South
Burlington, LLC; Germania Property Group, LLC; E.F. Farrell LLC; DB Morrissey LLC
and F& M Development Company, LLC.
3. The application was received on January 28, 2011.
4. The subject property is located in the C1-R15 Zoning District.
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5. The plans submitted consist of a three (3) page set of plans, page one (1) entitled
"Revised Final Plat O'Dell Parkway PUD Farrell Street South Burlington Vermont",
prepared by Civil Engineering Associates, Inc., dated 6/20/05, last revised on 1/28/11.
DIMENSIONAL REQUIREMENTS:
All of the lots on the north side of Farrell Street which are part of the PUD do not meet
the dimensional standards for the district as laid out in the South Burlington Land
Development Regulations (SBLDR). Therefore, for the purposes of planning and zoning,
these substandard lots will be considered one (1) lot.
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.
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.
As no new construction is planned, the above criteria are not applicable.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
To aid in reduced vehicle trips between the parcels of the subject PUD, parking shall be
shared and un-reserved in compliance with the most recent decisions on the matter, as well
as on all new lands joining the 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 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.
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 layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee)
to ensure that adequate fire protection can be provided.
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.
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CADocuments and Settings\Mark C. Behr\My Documents\South Burlington
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Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
As no new construction is planned, the above criteria are not applicable.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
There is no proposed change in use or new construction planned for the site.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03( )(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 property at 514 Farrell Street is currently approved for retail use. The land
development regulations require 75 parking spaces for the 14,827 square feet of retail
space being used. It should be noted that the building itself is larger than 14,827 square
feet. There is currently a second story which is unused and unassigned. Should any use
move into that area, or the current use expanded, more parking spaces would be required.
96 parking spaces are available and will be added to the PUD.
Based on the Land Development Regulations, the overall PUD will now require 1,292
parking spaces. This is based on the following requirements:
Use
Multi -Family Dwelling
Congregate Housing
Office, General
Social Services
Recreation Facility,
indoor
Retail
Unused 2nd floor lot
15
Max.
Requirement
Units Sq. Ft.
Occupancy Requirement
2.25 spaces per unit
425
957
1.45 spaces per unit
91
132
3.5 spaces per 1,000
sq ft
9,400
33
4 spaces per 1,000 sq
ft
3,000
12
.33 spaces per max
occupancy
250 83
5 spaces per 1,000 sq
ft
14,827
75
n/a 11,646 0
Total
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The applicant has provided and/or is proposing to provide 998 off-street parking spaces
in the PUD. This represents a shortfall of 294 spaces, or 22.76% of the required 1,292
parking spaces.
This figure is within the allowable waiver that may be granted by the DRB, but remains a
significant number. Given this, the Board finds that parking associated with the most
recent phases of development must remain non -reserved to ensure adequate parking for
the multiple uses on the site.
The applicant provided, with application SD-10-37, an analysis of the smart growth
principles applicable at this site that support such a reduction in parking. The Board finds
that these principles warrant a parking waiver in this instance due to the presence of
public on -street parking on Farrell and Bacon Streets, regular transit service on
Shelburne Road, the mix of land uses in the vicinity, non -reserving of parking through
various areas of the PUD, and proximity of recreation paths. The Board also recognizes
the need for certain parking on -site to be left unreserved, particularly on lots 1, 11, 12,
14, 15, and 16.
Based on the parking analysis provided by the applicant, together with the provision of
additional non -reserved parking spaces on the site, the Board finds that a parking waiver
of 294 spaces, or 22.76%, is reasonable.
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.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, 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 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 proposed realignment and merging of lots does not affect any of the above criteria.
As already stated, the lots will not be stand alone as their own lots for planning and
zoning purposes.
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DECISION
Motion by Gayie Quimby, seconded by William Stuono, to approve Final Plat
Application #SD-11-05 Five Point Development South Burlington, LLC & Germania
Property Group, LLC 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, lots 1, 2, 8, 9, 10, 11, 12, 13, 14, 15 and 16 in
this subdivision shall be considered one (1) lot. The applicant shall record a "Notice
of Conditions" to this effect which has been approved by the City Attorney prior to
recording the final plat plans.
4. The plat 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 the final plat plan.
a. The survey plat plan shall be revised to include the seal and signature of
the land surveyor.
b. The survey plat plan shall be revised to change "314 Farrell St." to "514
Farrell St."
5. The Board approves a 294 parking space shortfall for a 22.76% waiver for a total of
998 spaces provided.
6. All surface parking spaces on lots 1, 12, 14, 15, and 16 shall be shared among all
members of the PUD. The surface parking spaces on these lots may not be reserved
for specific tenants, owners, employees, customers, or guests. No parking spaces in
these areas shall be reserved or otherwise signed or assigned, except to meet the
Americans with Disabilities Act. All surface parking adjacent on lot 11 shall be non -
reserved between the hours of five (5) PM and seven (7) AM.
7. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
8. 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.
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Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Michael Sirotkin — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Bill Stuono — yea/nay/abstain/not present
Motion carried by a vote of 5 — 0 — 0
Signed this 5th day of May 2011, by
Digitally signed by Mark C. Behr
Mark C • Behr Arc cn=Mark C. Behr, it Richard hbpc. Behr
Architect P.C., ou,email=mark@rhb c corn, c=US
Date: 2011.05.05 09:33:32-04'00'
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://vermontiudiciary.ora/GTC/environmental/default.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.
G
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington
DRB\SD_11_05_514Farrel ISt_PointFiveDevelopment.doc