HomeMy WebLinkAboutSD-15-46 - Decision - 0057 Hinesburg Road#SD-15-46
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
LEON BROWN — 57 HINESBURG ROAD
FINAL PLAT APPLICATION #SD-15-46
FINDINGS OF FACT AND DECISION
Leon Brown, hereafter referred to as the applicant, is requesting final plat review for a planned unit
development on a 0.37 acre lot developed with a single family dwelling. The project consists of: 1) razing
the existing single family dwelling, and 2) constructing a four (4) unit multi -family dwelling, 57 Hinesburg
Road.
The Development Review Board held a public hearing on Tuesday, January 19, 2016. Doug Henson
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
preliminarily finds, concludes, and decides the following:
FINDINGS OF FACT
1. This application consists of a request for a planned unit development on a 0.37 acre lot
developed with a single family dwelling. The project consists of: 1) razing the existing single
family dwelling, and 2) constructing a four (4) unit multi -family dwelling, 57 Hinesburg Road.
2. The owner of record of the subject property is Brown Estates, LLC.
3. The application was submitted on December 14, 2015.
4. The subject property is located in the C1— R12 Zoning District.
5. The plans submitted consist of nine (9) pages, page one (1) entitled "Lands of Brown Estates,
LLC Brown Estates 57 Hinesburg Road South Burlington, VT 05403 Planned 4-Unit Development
Site & Utilities Plan" prepared by Lamoreux & Dickinson Consulting Engineers, Inc. dated 6-23-15
and last revised on 12-04-15.
6. The applicant, at the hearing held on January 19, 2016, requested to amend the project to
increase the length of the four (4) decks to 18 feet and add two (2) privacy walls. The Board
accepted these changes as they would not require any additional waivers and would not exceed
overall coverage. Revised plans will be submitted to reflect these changes.
Zoning District & Dimensional Requirements:
C1— R12 — Zoning District
Required
Existing
Proposed
Min. Lot Size (residential)
3,500 sq. ft./unit
16,025 sq. ft.
—4,006 sq.
ft./unit
Max. Building Coverage
40%
8%
35%
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� Max. Overall Coverage
♦ 70%
23%
67%
*Min. Front Setback
(Hinesburg Road)
50 ft. + 7 ft. for
planned ROW
unknown
8 ft. & 1 ft. from
planned ROW
*Min. Side Setback
10 ft.
unknown
8 ft.
*Min. Rear Setback
30 ft.
unknown
23 ft.
� Max. Building Height
40ft. (pitched roof)
unknown
30 ft.
Zoning compliance
* Waiver required.
♦ The Board notes that Plan Sheet Number 1 incorrectly states a 75% total maximum coverage
requirement which is actually 70% and directs the applicant to revise the plans accordingly.
Applicability of use of Planned Unit Development approach.
The applicant is proposing this project be reviewed under PUD standards so as to allow the various
setback waivers noted above.
Section 15 of The South Burlington Land Development Regulations addresses Subdivision and Planned
Unit Development Review and reads, in part, as follows:
15.01 Purpose
It is the purpose of the provisions for subdivision and Planned Unit Development (PUD) review to
provide for relief from the strict dimensional standards for individual lots in these Regulations in order
to encourage innovation in design and layout, efficient use of land, and the viability of infill
development and re -development in the City's Core Area, as defined in the Comprehensive Plan. It is
the further purpose of this Article to coordinate site plan, conditional use and subdivision review into a
unified process. The Development Review Board shall administer these regulations for the purpose of
assuring orderly growth and coordinated development in the City of South Burlington and to assure
the comfort, convenience, safety, health and welfare of its citizens.
The standards for determining whether a project warrants the flexibility provided by PUD review include
the following:
-To encourage innovation in design and layout.
The building incorporates an innovative design on the eastern end of the building with a wraparound
entry and sidewalk to both provide a private entrance while also addressing the public street.
-Efficient use of land.
The proposed building will increase the number of units on the property from one to four while still
meeting overall building and lot coverage limits. The Board finds that this criterion to be met.
- The viability of infill development and re -development in the City's Core Area, as defined in the
Comprehensive Plan.
The Core Area is defined in the Comprehensive Plan as follows:
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1. Core Area
The core area of the City shall be defined as those areas lying north of 1-89 and 1-189, and lying west
of Spear Street. It is recommended that the majority of development density and new development
over the next 20 years be directed to the core area of the City. It should be noted that within the core
area, there will be sub -areas of varying uses and densities, natural resource preservation areas, parks
and open spaces, and transportation facilities. Many of these sub -areas, such as the City Center,
commercial centers and residential areas are discussed below.
The proposed building represents in -fill development within the Core Area. The Board finds that this
criterion to be met.
Given compliance with the criteria noted above, the Board finds that the property can be considered as
a PUD.
WAIVERS
The Board notes that the front setback waiver request results in the building being one (1) foot from the
planned right-of-way (ROW). The setback waivers requested are as follows:
-a 42 ft. waiver from the 50 ft. front setback requirement or one (1) ft. from the planned ROW.
-a two (2) ft. waiver from the side setback requirement of 10 ft. so as to allow the proposed building to
be setback 8 ft. from the side property line; and
-a seven (7) ft. waiver from the rear setback requirement of 30 ft. so as to allow the proposed building
to be setback 23 ft. from the rear property line.
The Board finds and approves the proposed waivers as consistent with Section 14.06 C (2) as they
promote a better building design and efficient lot usage and also facilitate a desired orientation of the
eastern edge of the building towards a public street.
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:
(A)(1)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.
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 applicant has submitted a copy of a preliminary wastewater allocation approval. The Board finds this
criterion to be met.
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(A)(2) 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 applicant's plan details the use of silt fencing. The Board finds this criterion to be met.
(A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
The relocation of an existing curb cut and added units will not result in a significant addition to
congestion on Hinesburg Road.
The Board finds this criterion to be met.
(A)(4)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 Board finds that the parcel contains neither resources identified in the Open Space strategy nor any
unique natural features.
(A)(5)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 project will increase the overall density on the parcel from one residential unit to four
residential units. The scale and design of the building is visually compatible with the planned development
pattern in the area and the purposes of the C-1 R-12 zoning district. The Board finds this criterion to be
met.
(A)(6)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 property contains no large open space areas. Given the scale and location of the proposed project, The
Board finds that no additional open spaces are required.
(A)(7)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.
In a letter to staff dated September 30, 2015 the Fire Department commented as follows:
We have reviewed the plans for the proposed construction of a 4 unit multi family dwelling at 57
Hinesburg Road. We have the following recommendations:
1. Compliance with all requirements of the Vermont Fire Building and Safety Code for any
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applicable structures.
2. Trees, fences and floral outcroppings should be placed so as not to interfere with the
deployment of the aerial ladder, hoselines, portable ladders and other firefighting
equipment.
3. The dead-end driveway is an issue for us, but in addressing this the builders representative at the
staff review meeting indicated that the units would have residential sprinklers installed.
At this point these seem to be the major issues which present themselves. As this project moves forward
additional items may surface which could be dealt with as needed with the assistance of the developer
and the South Burlington Fire Marshal.
Should you need any further assistance on this project please feel free to contact me.
Sincerely,
Douglas S. Brent
Fire Chief
The applicant confirmed at the meeting that the building will included residential sprinklers. The Board
finds that the applicant shall comply with the Fire Chief's recommendations.
(A)(8)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.
(A)(9)Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent
with City utility and roadway plans and maintenance standards.
There is an existing sidewalk along the property's frontage. The applicant will be constructing a sidewalk
connecting the new building to the existing sidewalk. The plans submitted include details and locations
of all exterior lighting fixtures which meet the City's standards.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines
shall be underground. The plans submitted indicate that new utility lines will be underground.
The Board finds these two criteria are met.
(A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The Board finds the project, as currently proposed, to be consistent with the Comprehensive Plan.
SITE PLAN REVIEW
14.06 General Review Standards
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The following general criteria and standards shall be used by the Development Review Board in
reviewing applications for site plan approval. They are intended to provide a framework within which
the designer of the site development is free to exercise creativity, invention, and innovation while
improving the visual appearance of the City of South Burlington. The Development Review Board shall
not specify or favor any particular architectural style or design or assist in the design of any of the
buildings submitted for approval. The Development Review Board shall restrict itself to a reasonable,
professional review, and, except as otherwise provided in the following subsections, the applicant
shall retain full responsibility for design.
A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan.
The Board finds the applicant's proposal to be generally consistent with the goals, objectives and stated
land use policies in the Comprehensive Plan.
B. Relationship of Proposed Structures to the Site.
(1) 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.
(2) 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.
All parking is located to the side of the building. The Board finds this criterion to be met.
The plans submitted detail the use of brick pattern concrete to delineate the two (2) ft. wide areas
between the parking areas in front of the abutting garages. The Board determined that this brick
pattern should be extended an additional eight (8) feet for a total of 10 feet to better separate the
driveways.
The Board finds that the additional brick pattern delineation will better define the individual
driveways and will require the plans to be revised to include this additional pattern delineation.
(3) 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 anticipated adjoining
buildings.
The Board finds the proposed 30 ft. high 4-unit building to be compatible with this criterion as it is
well within the 40 ft. limit for this district and not unduly higher than existing or anticipated
adjoining buildings.
The Board finds this criterion to be met.
(4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansion shall, to the extent feasible, be underground.
The plans indicate that such services are located underground. The Board finds this criterion to be
met.
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C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common
materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing),
landscaping, buffers, screens and visual interruptions to create attractive transitions between
buildings of different architectural styles.
(2) 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 structure is consistent with the style of existing buildings in the neighborhood. The
front setback of the easternmost unit of the proposed building is slightly more than the building to
the north and slightly less than the building to the south. The layout of unit #4 (which will have a
wrap around porch and an entrance walkway to the sidewalk along Hinesburg Road) will serve to tie
in the building with Hinesburg Road. The rear walls of the garages will have windows to provide
some architectural variety.
The side setback of the proposed building to its southerly side line is approximately the same
distance as the building to the south of this development is to its northerly side line but further from
its side line than the building to the north is to its southerly side line, thereby maintaining a similar
setback to the side as other buildings in the vicinity.
The Board finds these two criteria to be met.
14.07 Specific Review Standards
A. Access to Abutting Properties. 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 or collector street, to provide additional access for emergency or other purposes, or to
improve general access and circulation in the area.
As the proposal is for a single driveway serving four (4) units, the Board finds that the reservation of land
is not required.
B. Utility Services. Electric, telephone and other wire -served utility lines and service connections
shall be underground insofar as feasible and subject to state public utilities regulations. Any utility
installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site.
The plans submitted indicate that wire -served utility lines would be underground. The Board finds this
criterion to be met.
C. Disposal of Wastes. 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). Small receptacles
intended for use by households or the public (i.e., non-dumpster, non -large drum) shall not be required
to be fenced or screened.
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Residents of the four (4) units will keep their trash, recycling and compost containers in their garages
and then put them out for pickup on collection days. The Board finds this criterion to be met.
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening
shall be required for all uses subject to planned unit development review. The minimum landscape
requirement for this project is determined by Table 13-9 of the South Burlington Land Development
Regulations. The costs of street trees are above and beyond this minimum landscape requirement.
The total construction cost for the building is $500,760. The minimum landscaping requirement is calculated
as follows:
Total Building Construction or
Building Improvement Cost
% of Total Construction/
Improvement Cost
Cost of proposed project
$0 - $250,000
3%
$7,500
Next $250,000
2%
$5,000
Additional over $500,000
1% of $760
$7.60
Minimum Landscaping $ >>
$12,508
Proposed Landscaping
$12,790
The applicant is proposing plantings with a total value of $12,790. The Board finds this standard to be met.
Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall depict snow storage
areas that will minimize the potential for run-off. The applicant's engineer has communicated to the
Board that the applicant will truck plowed snow off site.
In an email dated December 23, 2015, the City Arborist provided the following comments:
Ray,
The landscape plans for Brown Estates on Hinesburg Rd are ok.
Craig Lambert
South Burlington City Arborist
The Board finds this criterion to be met.
E. Modification of Standards. Where the limitations of a site may cause unusual hardship in
complying with any of the standards above and waiver therefrom will not endanger the public health,
safety or welfare, the Development Review Board may modify such standards as long as the general
objectives of Article 14 and the City's Comprehensive Plan are met. However, with the exception of
side yard setbacks in the Central District 1, in no case shall the DRB permit the location of a new
structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land
development creating a total site coverage exceeding the allowable limit for the applicable zoning
district in the case of new development, or increasing the coverage on sites where the pre-existing
condition exceeds the applicable limit.
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As noted above, the Board grants waivers to the front, side and rear setbacks.
5.08 Supplemental Standards for All Commercial Districts
A. Development according to commercial district regulations and multifamily development at the
residential density specified for the applicable district shall be subject to site plan review, as set
forth in Article 14, the purpose of which shall be to encourage innovation of design and layout,
encourage more efficient use of land for commercial development, promote mixed -use
development and shared parking opportunities, provide coordinated access to and from
commercial developments via public roadways, and maintain service levels on public roadways
with a minimum of publicly financed roadway improvements.
While not a mixed use development the proposed project uses most all of the lot and provides needed
housing within the City's core. The Board finds the development to be consistent with this standard.
B. Multiple structures, multiple uses within structures, and multiple uses on a subject site may be
allowed, if the Development Review Board determines that the subject site has sufficient frontage, lot
size, and lot depth. Area requirements and frontage needs may be met by the consolidation of
contiguous lots under separate ownership. Construction of a new public street may serve as the
minimum frontage needs. Where multiple structures are proposed, maximum lot coverage shall be the
normal maximum for the applicable district.
Only one structure and one type of use (multi -family residential) is proposed. The Board finds that this
criterion is not applicable.
C. Parking, Access, and Internal Circulation
(1) Parking requirements may be modified, depending in the extent of shared parking, the
presence of sidewalks or recreation paths, and residences lying within walking distance (defined
as no further than one -quarter (%) mile for purposes of commercial zoning districts). Any
requirements for shared access and/or parking must be secured by permanent legal agreements
acceptable to the City Attorney.
(2) Parking areas shall be designed for efficient internal circulation and the minimum number
of curb cuts onto the public roadway.
(3) Access improvements and curb cut consolidation may be required.
The applicant is proposing to relocate the existing curb cut to the northeast corner. The proposal
includes an entry sidewalk from Hinesburg Road to the entry porch of the easternmost unit.
The Board finds criterion C above to be met.
10.02 Traffic Overlay District
The property is located in Traffic Overlay Zone 3.
Based on a parcel size of 16,025 square feet, which is 40.10% of 40,000 SF, the maximum number of PM
peak hour vehicle trip ends allowed is 18.05.
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According to the Institute of Traffic Engineers TRIP GENERATION manual (9th edition), and based upon
the information submitted with this application and information discussed and presented at the October
6, 2015 hearing, the Board finds that the four (4) residential units would generate an estimated 3.12 PM
Peak Hour Trip Ends and therefore the project is consistent with the requirements of the Traffic Overlay
District.
STORMWATER
In an email to staff dated December 22, 2015 the Department of Public Works commented as follows:
The Stormwater Section has reviewed the 'Planned 4-Unit Development Site & Utilities Plan" site plan
prepared by Lamoureux & Dickinson Consulting Engineer, Inc., dated 6123115 and most recently updated
on 12114115. We do not have any additional comments.
The DRB should include a condition requiring the applicant to regularly maintain all stormwater
treatment practice.
Thanks,
Dave
David P. Wheeler
Assistant Stormwater Superintendent
The Board finds that the applicant shall regularly maintain all stormwater treatment practice.
DECISION
Motion by Bill Miller, seconded by John Wilking, to approve final plat application #SD-15-46 of Leon
Brown, subject to the following conditions:
1. All previous approvals and stipulations, which are not superseded by this approval, will remain
in effect.
2. This project must be completed as shown on the plans submitted by the applicant and on file in
the South Burlington Department of Planning and Zoning.
3. The plat plans must be revised to show the changes below and must require approval of the
Administrative Officer. Three (3) copies of the approved revised plat must be submitted to the
Administrative Officer prior to recording the plat plans.
a. Plan Sheet 1 must be corrected to indicate a 70%total maximum coverage requirement
not the 75% written.
b. The plans must be revised to show the enlarged decks and privacy walls.
c. The plans must be revised to lengthen the brick pattern between the unit driveways to a
total of 10 feet.
4. The applicant must obtain a Certificate of Occupancy prior to use or occupancy of the building.
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5. The applicant must receive final water & wastewater allocations prior to issuance of any zoning
permits.
6. The applicant must comply with the Fire Chief's recommendations including the requirement
that the units include residential sprinkler systems.
7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications must be underground.
8. The proposed project must 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 must meet
the standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
9. The applicant will be responsible to regularly maintain all stormwater treatment and
conveyance structures on -site.
10. Prior to issuance of a zoning permit, the applicant must submit to the Administrative Officer a final
set of project plans as approved in digital (PDF) format.
11. Prior to permit issuance, the applicant must post a landscape bond of $12,508. This bond must
remain in full effect for three (3) years to assure that the landscaping has taken root and has a
good chance of survival.
12. All exterior lighting must be installed or shielded in such a manner as to conceal light sources
and reflector surfaces from view beyond the perimeter of the area to be illuminated.
13. Any changes to the final plat plan will require approval of the South Burlington Development
Review Board.
14. The mylars must be recorded prior to any zoning permit issuance.
15. The final plat plans (survey plat & sheet 1) must be recorded in the land records within 180 days
or this approval is null and void. The plans must be signed by the Board Chair or Clerk prior to
recording. Prior to recording the final plat plan, the applicant must 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
Matt Cota
Yea
Nay
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 6— 0 — 0.
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�7 Signed this q F'e�jNp(r day of 2016, by
Tim Barritt, Chair
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).
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