HomeMy WebLinkAboutSD-11-44 - Decision - 0042 Airport Road#SD-11-44
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
DAVID SHENK - 42 AIRPORT ROAD
PRELIMINARY & FINAL PLAT APPLICATION #SD-11-44
FINDINGS OF FACT AND DECISION
David Shenk herein referred to as the applicant, is requesting preliminary and final plat approval
for a planned unit development to construct a six (6) unit multi -family dwelling, 42 Airport Road.
The Development Review Board held a public hearing on January 3, 2012. David Burke
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. David Shenk herein referred to as the applicant, is requesting preliminary and final plat
approval for a planned unit development to construct a six (6) unit multi -family dwelling, 42
Airport Road.
2. The owner of record of the subject property is Chase Properties and Development.
3. The application was received on November 22, 2011.
4. The subject property is located in the C1-R12 Zoning District.
5. The plans submitted consist of an eight (8) page set of plans, page one (1) entitled "Shenk
Planned Residential Development 42 Airport Road South Burlington, VT", prepared by O'Leary
Burke Civil Associates, PLC, dated 8/10/11 and last revised on 11/14111.
Table 1. Dimensional Requirements
C1 -RI 2 Zoning District
Required
Proposed
-16 Min. Lot Size
40,000 SF
0.53 acres
�1 Max. Density
12 units/acre
6 units per .5 acre
Max. Building Coverage
40%
18.5%
�l Max. Total Coverage
60%
47.1 %
�l Min. Front Setback
30 ft.
30 ft.
�l Min. Side Setback
10 ft.
>20 ft.
�1 Min. Rear Setback
30 ft.
>30 ft.
�l Max. Building Height
40 ft.
1 2 stories, <40 ft
4 zoning compliance
4 pre-existing non-compliance
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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
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.
The applicant has obtained a 3-year letter of availability from the Champlain Water Department.
The applicant shall obtain final wastewater allocation prior to issuance of a zoning permit.
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 via a 20 foot driveway from Airport Road. The traffic generated by 6
residential units is not enough to warrant the need for at technical traffic report.
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 are no wetlands located 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.
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.
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The Board finds that the proposed development conforms to the purpose of the C1 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
C1 District.
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 andfor stream buffer areas.
This is a very small PUD in a dense, developed area. There are no streams or buffer areas nearby
and no practical opportunities for connected open space. The building and impervious coverage on
the site is below the maximums permitted for the district.
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 the plans and provided comments in a memo dated
December 30, 2011. The Board discussed this memo and supports the requirement that the
project meet the requirements of the Vermont Division of Fire Safety codes and standards, and that
property managers should be advised that no gas grills shall be permitted on outside balconies or
porches.
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 Director of Public Works and City Engineer has reviewed the plans and has stated that he has
no comments.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new
utility lines shall be underground.
The applicant shall submit exterior lighting details (cut -sheets) for any proposed lights on the
property. Both of the proposed lighting fixtures shall comply with Appendix A of the South
Burlington Land Development Regulations.
The applicant has submitted exterior lighting details (cut sheets) for new building mounted lights,
pole mounted lights, street lights and pedestrian lights on the property. They are in compliance
with the standards set forth in the SBLDRs.
All exterior lighting on the property shall be downcast and shielded.
The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
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The 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 infill development, which is promoted through the
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 movemen4 and
adequate parking areas.
There are walkways to each of the doors. A four foot wide sidewalk has been added along the
parking area. The Board finds this sufficient to meet this goal.
Parking on site is sufficient. There are 12 spaces provided on site, including one marked as
handicapped accessible. In order to achieve a ration of 2 per unit, all parking must be shared and
non -reserved. Otherwise, the applicant must provide an additional 0.25 spaces per unit.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings.
(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,
(iv) 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.
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(c) Where more than one building exists or is proposed on a lot, the total width of
all proposed parking areas that are both to the side of a building and between the
front lot line and the building line of the building on the lot that is closest to the
public street shall not exceed one-half of the total building width of all buildings
on the lot that are located adjacent to the public street. Buildings separated from
the front lot line by parking approved pursuant to 14.06(C) (2) (b) shall be
considered adjacent to the public street. Buildings separated from the front lot
line by any other parking areas shall not be considered adjacent to the public
street.
(d) The DRB shall require that the maiority of the parking on through lots and
corner lots be located between the building(s) and the side yards or between the
buildinq and the front vard ad iacent to the nublic street with the highest.. average
daily volume of traffic. Where the rear yard of a lot abuts an Interstate or its
interchanges, the maiority of parking shall be located between the building and
the side vards or between the buildina and the yard that is ad "acent to the
Interstate.
There proposed parking is in compliance with this criterion. The parking is to the side of the
building as it relates to the front of the lot.
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.
The Board has already addressed the height limitations previously in this report. The proposed 2-
story building is in compliance with the height limitations of the district.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
The 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.
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 elevations for Board review. The Board finds them to be in
compliance with this standard. The building is attractive with small architectural details to provide
relief. Building mass is appropriate for the lot and zoning district.
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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 proposed amendment does not pose any appropriate opportunities to create access to
abutting properties that will reduce curb cuts, improve general access, or improve circulation more
so than it already does.
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 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).
A dumpster is shown on site and is adequately screened
Landscaping and Screening Requirements
The applicant submitted landscaping plans and an itemized landscaping budget. The minimum
landscaping budget requirement, based on building costs, is $12,500. The City Arborist has
reviewed the plans and provided comments in a memo dated January 3, 2012. The landscape plan
must be revised to show planting details.
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 plans show adequate snow storage locations and a bicycle rack.
DECISION
Motion by Michael Sirotkin, seconded by Matt Birmingham, to approve Preliminary and Final
Plat Application #SD-11-44 of David Shenk 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 applicant shall obtain final wastewater allocation prior to issuance of a zoning permit.
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4. 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.
5. 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 permit issuance.
a. The landscaping plan shall be revised to show planting details.
b. The landscaping plan shall be revised to correct the use of SM in the plan to
accurately reflect the landscape schedule.
c. The plans shall be revised to remove the proposed signs and the notations
regarding the proposed signs. No signage is approved or otherwise considered
as part of this decision.
d. The survey plat shall be revised to include the seal and signature of the land
surveyor.
6. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of
the Land Development Regulations or this approval is null and void.
7. The project shall meet the requirements of the Vermont Division of Fire Safety codes and
standards.
8. Property managers shall be advised that no gas grills shall be permitted on outside balconies
or porches.
9. All parking spaces must be shared and non -reserved.
10. All exterior lighting on the property shall be downcast and shielded.
11. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new
utility lines shall be underground.
12. The mylar shall be recorded prior to the issuance of the zoning permit.
13. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to
occupancy of the dwelling.
14. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
15. The final plat plan (survey plat and sheet 1) shall be recorded in the land records within 180
days or this approval is null and void. The plans 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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15. The final plat plan (survey plat and sheet 1) shall be recorded in the land records within 180
days or this approval is null and void. The plans 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.
16. Prior to permit issuance, the applicant shall post a $12,500 landscaping bond. 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 survival.
7lP BD'rltt— yka/nay/abstain/not present
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0 CttheZ BIrP InJhCP — Yea/nay/abstain/not present
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0 R L h FDtrIeG E\ D v Rte R 7— 0— 0
Signed this 12th day of January 2012, by
r Dlgrtally signed Mark C. Behr P
DN —Mark C. Behr, o=Richard Henry Behr
Mark C. Beh
Mchitect P C., ou, emad=mark@rhb ccom,-US
Date: 2012.01 1215 26 31-05'00'
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://vermontoudiciary.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.
CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\1.3.12 Meeting
Decisions\S D_ 11 _44_42Airpo rt_Shen k_ffd. doc