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HomeMy WebLinkAboutSD-15-12 - Decision - 0635 Hinesburg Road#SD-15-12 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CPA PARTNERSHIP — 635 HINESBURG ROAD PRELIMINARY & FINAL PLAT PLAN APPLICATION #SD-15-12 FINDINGS OF FACT AND DECISION Preliminary and Final Plat Plan application #SD-15-12 of CPA Partnership for a planned unit development to amend a previously approved plan for a 76 unit congregate care facility and 24 multi -family units in three (3) buildings. The amendment consists of constructing 24 multi -family units in three (3) buildings, 635 Hinesburg Road. The Development Review Board held a public hearing on Tuesday, May 5, 2015. Andrew Gill 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. CPA Partnership, hereafter referred to as the applicant, is requesting Preliminary & Final Plat review for a planned unit development to amend a previously approved plan for a 76 unit congregate care facility and 24 multi -family units in three (3) buildings. The amendment consists of constructing 24 multi -family units in three (3) buildings, 635 Hinesburg Road. 2. The owner of record of the subject property is CPA Partnership. 3. The subject property is located in the Residential 7 Zoning District. 4. The plans submitted consist of a twenty-four (24) page set of plans, page one (1) entitled "Hayes Apartments Hinesburg Road (VT Route 116) South Burlington, Vermont March 18, 2015," prepared by Krebs & Lansing Consulting Engineers and dated 3/18/15. ZONING DISTRICT REQUIREMENTS Table 1a. Dimensional Requirements R-7 Zoning District Maximum allowed (Commercial) Existing Congregate'' Care Facility (Commercial) Residential Density Max. Building Coverage 40 % 26.6 Max. Overall Coverage 60 % 59.6 Min. Front Setback (Hinesburg Rd.) 50 ft. > 50 ft. Min. Side Setback 10 ft. > loft. Min. Rear Setback 30 ft. > 30 ft. Max Building Height 25 ft. (flat) < 25 ft. SD 15 12 635 HinesburgRoad CPA_Partnership_PUDamend apartments PrelimFinal ffd.doc- 1— #SD-15-12 ✓Zoning compliance Table 1b. Dimensional Requirements R-7 Zoning District Maximum allowed (Residential) Proposed Residential' Residential Density 7 units/acre 6.7 units/acre Max. Building Coverage 20 % 16.9 % Max. Overall Coverage 40 % 38.9 % * Min. Front Setback (Hinesburg Rd.) 57 ft. 30 ft. Min. Side Setback 10 ft. > 10 ft. Min. Rear Setback 30 ft. > 30 ft. Max Building Height 28 ft. (pitched) < 28 ft. ✓Zoning compliance * Waiver requested Two (2) charts are shown because there are different dimensional standards for residential & nonresidential uses. The applicant has delineated which portions of the property fall into each category on the plan sheet C-1. The Board hereby grants waiver of 27 ft. to reduce the setback to 30 ft. from the 57 ft. required setback along Hinesburg Road (the 57 feet includes seven (7) feet for the planned right-of-way). SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions 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 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 acceptable pressure. 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 shall obtain final water and wastewater allocations prior to issuance of a zoning permit. (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 has submitted an erosion control plan. The Board finds this criterion is met. SD 15 12 635 HinesburgRoad CPA—Partnership_PUDamend apartments PrelimFinal ffd.doc-2— #SD-15-12 (A)(3). The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The project will utilize an existing access drive. This access drive has a dedicated right -turn entry lane 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. There are no unique natural features on the site. There are no impact resources identified in the Open Space Strategy. (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 applicant has submitted building elevations which show that the proposed buildings will be similar in design to buildings across the street and to the north, therefore this criterion is being 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. There are no significant open spaces on adjoining parcels. There are no nearby stream buffer areas. (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 an email to staff dated April 27, 2015 the Fire Chief provided the following comments: Dear Ray: We have reviewed the plans for the proposed construction of 3 apartment buildings on Hinesburg Road. They have complied with requests made by staff and implemented our recommendations. We have the following recommendations: 1. Compliance with all requirements of the Vermont Fire Building and Safety Code. 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. All plans shall be reviewed and permitted by the South Burlington Fire Marshal. 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. SD 15 12 635 HinesburgRoad CPA—Partnership_PUDamend apartments PrelimFinal ffd. doc- 3 — f #SD-15-12 Should you need any further assistance on this project please feel free to contact me. Sincerely, Douglas S. Brent Douglas S. Brent Fire Chief The applicant shall comply with the Fire Chiefs comments. (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. The project will connect to existing water, sewer and stormwater infrastructure and will not impact the extension of such services and infrastructure to adjacent landowners. For detailed comments by the Department of Public Works concerning stormwater, see page 8. In an e-mail to staff dated April 27, 2015, the Department of Public Works provided the following comments. Ray, I have reviewed the referenced plans and have no additional comments to offer. All of my concerns/issues that I raised at their Development Review Committee meeting were incorporated into the design. Justin Rabidoux Director of Public Works/City Engineer City of South Burlington Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The Board finds criteria (A) (9) and (A) (10) to be 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 to be in conformance with the South Burlington Comprehensive Plan. SD 15 12 635 HinesburgRoad CPA_Partnership_PUDamend apartments PrelimFinal ffd.doc- 4 — #SD-15-12 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 followine eeneral review standards for all site plan applications: B. (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. Forty-two (42) new parking spaces are proposed for the site. This is six (6) spaces short of the 48 spaces required due to the standard of 2 spaces per dwelling unit. The applicant is requesting a waiver of 6 spaces (or 12.5%) and argued that it can be supported based upon its experience with rental property management, the fact that the 24 new apartments will be 1-bedr000m units and that the property is serviced by a CCTA bus which turns around in the property's parking lot. The Board finds the proposed waiver request to be reasonable given the arguments presented and grants the requested waiver of six (6) spaces or 12.5% to the required 48 spaces. This project promotes safe pedestrian movement due to the orientation of the buildings which in turn supports the use of the Hinesburg Road sidewalk. This project accomplishes a desirable transition from structure to structure as this is an infill project and will be in similar scale, hiding a portion of the existing parking. Each building is proposed to have a front entry and sidewalk connection to Hinesburg Road. Chapter 14.06 of the South Burlington Land Development Regulations states the following: B. (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. The Board finds this requirement to be met. (b) ..... (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(8)(2)(b) shall be exempt from this subsection. The width of the building line is 225 feet while that of the parking areas located to the side of the buildings is 112 lineal feet or 49.77%. The Board finds this requirement to be met. Section 13.01(G) (5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. Bicycle racks are shown. This requirement has been met. SD 15 12 635 HinesburgRoad CPA—Partnership_PUDamend apartments PrelimFinal ffd.doc- 5 — #SD-15-12 B.(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 adjoining buildings. The Board finds that the proposed new buildings are compatible with existing buildings on the site as well as those located on nearby developments such as Rye Apartments, Wellesley Grove and Stonington Circle and that this criterion is met. B. (4) 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. C. (1) 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. C. (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 applicant has provided building elevations and landscaping plans. The elevations indicate they will be compatible with the terrain and to existing buildings and roads in the vicinity. The Board finds this requirement to be met. 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: 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. The reservation of additional land is not warranted to provide an additional access to an adjoining property. B. Utility Services. 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. The plans submitted indicate that this is the case with the proposed development. The Board finds this requirement 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). SD 15 12 635 HinesburgRoad CPA Partnership_PUDamend apartments PrelimFinal ffd.doc- 6— #SD-15-12 The existing dumpster enclosure along the back edge of the property is proposed to be reconstructed. A new dumpster enclosure is proposed which would be stocked with tote -style plastic bins. The Board finds this requirement to be met. D. Landscaping and Screening 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 total construction cost for the building is $3,100,000. 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 $2,600,000) $26,000 Minimum Landscaping $ >> $38,500 A landscape plan and plant list has been submitted with a value of $51,500. The Board finds this requirement to be met. Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must be shown on the plans. Several snow storage areas are delineated on the plans. The Board has some concerns that the area located in the north east corner of the property could potentially cause snow contaminated with oil and grease to intrude in the proposed garden beds. The Board directs the applicant to revise the plans by reducing the size of the garden bed area in the northeast corner of the property by approximately 40% so as to allow adequate room for the proposed snow storage area. In an email to staff dated April 21, 2015, the City Arborist provided the following comments: • Tree and Shrub Planting Details and Specifications should be included with the plan • Tree Protection Measures should be specified for the existing trees that are too remain • Specify that parking lot islands and bumpouts where trees are to be planted should be filled to a depth of aft with quality planting soil to form a continuous planting pit to provide maximum soil volume to support tree growth The applicant responded in an email on 4/24/15: Hi Ray, SD 15 12 635 HinesburgRoad CPA—Partnership_PUDamend apartments PrelimFinal ffd.doc- 7— #SD-15-12 In response to the comments from the City Arborist please see the below in Red. Plans will be updated accordingly. Thank you. [DRB Note: Red turned to italics for ease of use] • Tree and Shrub Planting Details and Specifications should be included with the plan • The Landscape plans will be updated to include details and specifications. • Tree Protection Measures should be specified for the existing trees that are too remain • The plans will be updated to indicate trees that will receive tree protection measures. The plans will also be amended to include and detail the proposed tree protection measures. • Specify that parking lot islands and bumpouts where trees are to be planted should be filled to a depth of 3ft with quality planting soil to form a continuous planting pit to provide maximum soil volume to support tree growth. The specification will be added to the plans. The City Arborist responded to staff via email on April 29, 2015 that the applicant's responses were acceptable and therefore the Board finds this criterion to be met. Stormwater In an email to staff dated April 29, 2015 the Department of Public Works indicated that their comments had been addressed (see email excerpts below). The Board finds this criterion to be met. Scott, Thank you. The information provided addresses all of my comments. -Tom Thomas J. DiPietro Jr. Deputy Director Department of Public Works City of South Burlington From: Scott Homsted (mailto:Scott.homsted�krebsandlansingpcomJ Sent: Tuesday, April 28, 2015 4:21 PM To: Tom Dipietro Cc: ray; Andrew Gill, Larry Michaels Subject: Hayes Apartments Hi Tom, Please find attached a letter and supporting documentation prepared in response to your comments received via e-mail on April 23, 2015 regarding the Hayes Apartments project. Please contact us if have additional questions or require more information. SD 15 12 635 HinesburgRoad CPA_Partnership_PUDamend apartments PrelimFinal ffd.doc- 8— #SD-15-12 Scott Scott Homsted, P.E. Krebs & Lansing Consulting Engineers, Inc. In an email to staff dated April 23, 2015, the Department of Public Works provided the following comments: Justin, I reviewed the "Hayes Avenue Apartments" site plan prepared by Krebs & Lansing Consulting Engineers, dated March 18, 2015 with no revisions. I would like to offer the following comments: 1. The proposed project is located in the Potash Brook watershed. This watershed is listed as stormwater impaired by the State of Vermont Department of Environmental Conservation (DEC). 2. The project proposes to create about 1 additional acre of impervious area on the parcel. The property is already covered by an expired State stormwater permit (1-0237). Therefore, the project will require a new State stormwater permit from the Vermont DEC Stormwater Division. The applicant should acquire this permit before starting construction. a. We request that the applicant submit hydrologic modeling information so that this information can be reviewed by the City and included in our watershed model for Potash Brook. 3. The project proposes to disturb greater than 1 acre of area. It will therefore require a construction stormwater permit from the Vermont DEC Stormwater Division. The applicant should acquire this permit before starting construction. 4. The site plan indicates that there is a "Grease Interceptor" located on the property downstream of the proposed project. Please provide more detail regarding this infrastructure, it's condition, and current state of maintenance. 5. Stormwater from the site flows to the aforementioned "Grease Interceptor'; into an 18" pipe, and then into a drainage swale along Hinesburg Road before crossing under Kennedy Drive via a 36" culvert. In order to confirm compliance with section 15.13.F(3) the applicant must submit modeling for the 25 year storm event. We request that this modeling focus on the ability of the 18" pipe to transport runoff during the 25 year storm event. 6. The applicant should provide a drainage area map for the proposed stormwater treatment practices. 7. Confirm that the only utilization of permeable pavement on the project is for the 11 parking spaces located to the northwest of the "existing congregate housing building". Also, confirm that the shading on sheet C-1 represents new pavement, not permeable pavement. Consider adding this shading/hatching to the Legend. SD 15 12 635 HinesburgRoad CPA Partnership PUDamend apartments PrelimFinal ffd.doc- 9 — #SD-15-12 8. The project is broken up into 4 phases. Phase 3 appears to be pavement construction/replacement. Will the stabilized construction entrance indicated on sheet C-3 be constructed and utilized for this phase of the project, or is it intended to be utilized only during phase 4 (construction of the buildings and adjacent areas)? 9. The DRB should include a condition requiring the applicant to regularly maintain all stormwater treatment and conveyance infrastructure. Thank you for the opportunity to comment. -Tom Thomas J. DiPietro Jr. Deputy Director Department of Public Works The Board finds these criteria to be met. 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. All lighting shall be shielded and downcast. The applicant has submitted a point -by -point lighting plan and cut sheets for the proposed light fixtures with its preliminary plat application. The average illumination at ground level is 0.21 fc and the average indirect glare is 0.0 fc. The Board finds this criterion to be met. Phasing The applicant has provided details on phasing on page 10 and 11 of their submittal letter and on sheet L.1.0. The Board finds this criterion to be met. DECISION Motion by Bill Miller, seconded by Jennifer Smith, to approve Preliminary & Final Plat application #SD- 15-12 of CPA Partnership, subject to the following conditions: SD 15 12 635 HinesburgRoad CPA Partnership_PUDamend apartments PrelimFinal ffd.doc- 10 #SD-15-12 1. All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. This project shall 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 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 the final plat plans. a. The landscaping plans shall be revised per the applicant's email of April 24, 2015 to the City Arborist. b. The plans shall be revised to reduce the size of the garden bed area in the northeast corner of the property by approximately 40% so as to allow adequate room for the proposed snow storage area. 4. The Board grants a waiver of six (6) spaces or 12.5 % to the minimum parking space requirement of 48 spaces for a total of 42 spaces provided. 5. The Board hereby grants waiver of 27 ft. to reduce the setback to 30 ft. from the 57 ft. required setback along Hinesburg Road (the 57 feet includes seven (7) feet for the planned right-of-way). 6. The applicant shall obtain final water and wastewater allocations approval prior to the issuance of any zoning permits. 7. The applicant shall provide the Administrative Officer record drawings, per the requirements of Section 12.03F of the Land Development Regulations prior to the issuance of a Certificate of Occupancy. 8. The applicant shall maintain all stormwater treatment and conveyance infrastructure. 9. The applicant shall comply with the recommendations of the Fire Chief contained in his email to staff dated April 27, 2015. 10. 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 should meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The South Burlington Stormwater Superintendent may visit the site as construction progresses to ensure compliance with this criterion. 11. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications should be underground. 12. Prior to zoning permit issuance for construction of the building, the applicant shall post a $38,500 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. SD 15 12 635 HinesburgRoad CPA_Partnership_PUDamend apartments PrelimFinal ffd.doc- 11 #SD-15-12 13. The applicant shall obtain a zoning permit for the first building within six (6) months of this approval. The Development Review Board grants a period of five (5) years for approval of the remaining buildings in the proposed development. At such time as the five years is reached and the applicant has not sought a zoning permit for the remaining buildings, they shall be eligible, per Section 17.04 of the South Burlington Land Development Regulations, for one (1) extension to an approval if the application takes place before the approval has expired and if the Development Review Board determines that conditions are essentially unchanged from the time of the original approval. In granting such an extension, the Development Review Board may specify a period of time up to one (1) year for the extension. 14. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the occupancy of the new buildings. 15. All exterior lighting shall be downcast and shielded, and otherwise comply with Section 13.07 of the SBLDR. 16. Prior to issuance of a zoning permit for the new buildings, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 17. The mylar shall be recorded prior to any zoning permit issuance. 18. Any changes to the final plat plans shall require approval of the South Burlington Development Review Board. 19. The final plat plans (sheet C-1 and 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 South Burlington GIS Coordinator. Tim Barritt Yea Nay Abstain Mark Behr Yea Nay Abstain Brian Breslend Yea Nay Abstain Bill Miller Yea Nay Abstain David Parsons Yea Nay Abstain Jennifer Smith Yea Nay Abstain John Wilking Yea Nay Abstain Motion carried by a vote of 6— 0 — 0. S4- Signed this � 1 day of _�_ 2015, by Tim Barritt, Chair Not Present Not Present Not Present Not Present Not Present Not Present Not Present SD 15 12 635 HinesburgRoad CPA_Partnership_PUDamend apartments PrelimFinal ffd.doc- 12 #SD-15-12 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). SD 15 12 635 HinesburgRoad CPA Partnership_PUDamend apartments PrelimFinal ffd.doc- 13