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HomeMy WebLinkAboutSD-14-07 - Decision - 0636 Hinesburg RoadO'BRIEN BROTHERS AGENCY, LLC — 636 HINESBURG ROAD PRELIMINARY AND FINAL PLAT APPLICATION #SD-14-07 FINDINGS OF FACT AND DECISION Preliminary & final plat application #SD-14-07 of O'Brien Brothers Agency, Inc. for a planned unit development consisting of: 1) razing an existing two (2) family dwelling, 2) constructing a three (3) unit multi -family dwelling, and 3) constructing a four (4) unit multi -family dwelling, 636 Hinesburg Road. The Development Review Board held a public hearing on April 15, 2014. Andrew Gill represented the applicant. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. O'Brien Brothers Agency, Inc applied for preliminary & final plat application #SD-14-07 for a planned unit development consisting of: 1) razing an existing two (2) family dwelling, 2) constructing a three (3) unit multi -family dwelling, and 3) constructing a four (4) unit multi- family dwelling, 636 Hinesburg Road. 2. The application was received on February 10, 2014. 3. The subject property is located in the Residential 12 Zoning District. 4. The applicant submitted a ten -page set of plans, the cover sheet of which is entitled, "Site Plan Rye Parcel O'Brien Brothers, LLC Hinesburg Road South Burlington, Vermont", dated January 5, 2014. 5. The Board grants the applicant's request for a waiver of 27 ft. to reduce the setback to 30 ft. from the 57 ft. required along Hinesburg Road, as being consistent with current planning theory, and as expressed through the City's recent discussions of form based code. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements R-12 Zoning District J Required Proposed Max. Residential Density 12 units per acre x 0.63 acres = 7 units A 4 unit and a 3 unit multi -family dwelling Max. Building Coverage 40% 17.5% Max. Overall Coverage 60% 52.4% * 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 35 ft. < 35 ft. -✓Zoning compliance * Waiver requested SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions 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 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. If the applicant adheres to all recommendations and requirements of the City of South Burlington Water Department, then the Board finds this criterion satisfied. 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. If the applicant adheres to all recommendations and requirements of the City Engineer, then the Board finds this criterion satisfied. The applicant shall obtain final wastewater allocation prior to issuance of a zoning permit. The Board finds this criterion satisfied. 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 Board finds this criterion satisfied. Access to the subject lot is proposed via a driveway connecting to Wellesley Grove Road, a private road. The Wellesley Grove residential complex consists of 24 multi -family dwelling units and is served by a driveway off from Hinesburg Road. This proposal will add seven (7) additional units for a total of 31 multi- family units being served by the existing driveway. Section 15.12 (D) (3) of the LDRs lists the situations where private roadways are allowed. The current development exceeds the limit of nine (9) dwelling units and as a pre-existing condition may remain. The Board considered at sketch plan review whether the addition of seven (7) additional units would require the Wellesley Grove driveway to be upgraded to a public street. The Board determined that a new public street was not necessary, and therefore, the Board finds this criterion satisfied. 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. The Board finds this criterion satisfied. 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. Building elevations and illustrations have been submitted. The Board finds these architectural designs visually compatible, and therefore, finds this criterion satisfied. 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. The Board finds this criterion satisfied. 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 SBFD Chief provided the following comments to the Board via email on 9/27/13: We have reviewed the sketch plans for this proposed development. We have the following concerns and/or recommendations. 1. Commercial structures and multifamily units will need fire protection plan review from the South Burlington Fire Marshal's office to review for compliance with the Vermont Fire and Building Safety Codes. 2. Sprinklers, fire alarms, and standpipes per the VFBSC. 3. 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. 4. Provide 24 hour per day off -site (central station) monitoring of all fire alarm and protection systems. S. Provide emergency key boxes, location to be specified by SBFD. 6. No gas or charcoal grills on outside porches. A.. ,.7_:— ___ .— ..I —I........ a.. .,.1...,... t.. 7....J., The Board finds this criterion satisfied. 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 project will connect to existing water, sewer and stormwater infrastructure and will not impact the extension of such services and infrastructure to adjacent landowners. The applicant is willing to provide a 20 foot wide recreation path easement along the property's frontage. This easement is not depicted on the plans, so the Board will require the plans to be revised to show this easement. The City's Stormwater Utility (SWU) Superintendent provided the following comments to the Board on September 18t": I reviewed the plans for the proposed Rye Property project located at 636 Hinesburg Road, dated July 31, 2013 with no revisions, and prepared Krebs & Lansing Consulting Engineers, Inc. I would like to offer the following review comments: 1. The applicant should consider including stormwater treatment and control for runoff generated from the proposed impervious surfaces. The Deputy Director of Public Works reviewed the plans for stormwater treatment and indicated to staff in an email dated 4/4/14 that the plans were acceptable. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. If the applicant adheres to the City Engineer's recommendations and requirements, then the Board finds this criterion satisfied. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. With that condition, the Board finds this criterion satisfied. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The Board finds the proposed development of this property conforms with the South Burlington Comprehensive Plan. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan aDDroval. Section 14.06 establishes the followine eeneral review standards for all site Dlan aDDlications: 16 spaces are required and provided and two (2) handicap spaces are being provided while only one (1) is required. Chapter 14.06 of the South Burlington Land Development Regulations states the following: 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 project proposes to locate parking behind the buildings to screen the parking from Hinesburg Road which is a public road. An existing cedar hedgerow on the eastern side of the property provides screening as well. A white fence along the northern edge of the property is proposed to remain in place (with some of it removed to accommodate the new access driveway) and would provide some screening from Wellesley Grove Road, a private road. Section 13.01(G) (5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. A bike rack is being provided. The Board finds these criteria satisfied. 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 applicant has provided building elevations seeking to demonstrate that the buildings will be compatible in size, scale, and height to the existing townhouses in the area. They will be less than 35' in height. Already covered above. The Board finds this criterion satisfied. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Already covered above. The Board finds this criterion satisfied. 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. Already covered above. The Board finds this criterion satisfied. 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. Already covered above. The Board finds this criterion satisfied. 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: the area. The Board does not find that additional land must be reserved to provide an additional access to an adjoining property. The access drive for the project is proposed to intersect with the Wellesley Grove driveway approximately 50 feet from where the Wellesley Grove driveway intersects with Hinesburg Road. The Board considered this at sketch plan review and found this design acceptable. That said, both VTrans and the City's DPW Director recommended that a "STOP" sign be installed where the access drive exits to Wellesley Grove Road. With that condition, the Board finds this criterion satisfied. 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. Already covered above. The Board finds this criterion satisfied. 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 10' x 20' screened area is shown on the site plan to accommodate trash and recycling facilities. Applicant states that "totes' will be used, not a larger metal dumpster. The Board finds this criterion satisfied. Landscaping Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. Landscaping budget requirements are to be determined pursuant to Section 13.06(G) (2) of the SBLDR. The landscape plan and landscape budget shall be prepared by a landscape architect or professional landscape designer. The applicant has submitted a landscape plan and budget in compliance with Section 13.06 of the SBLDR as part of the preliminary plat plan application. This submittal includes estimated construction costs, and calculated minimum landscaping costs that flow from that, and which demonstrate compliance with this standard and required expenditures as shown below. Estimated building cost: $650,000 Required landscaping expenditure: $0 - $250,000: 3% _ $7,500 Next $250,000: 2% _ $5,000 Over $500,000: 1% _ $1,500 Total required minimum landscaping expenditure = $14,000 Proposed landscaping expenditure = $14,312.20 The three (3) HVAC units on the easterly side of building B are not proposed to be screened. As the applicant proposes to save one or more mature, existing trees on site, great care must be taken during construction to minimize damage to these trees and their root systems. Although applicant's Exhibit E offers some guidance in this regard, more detail and care is needed. The area(s) to be fenced off around these trees must enclose an area at least as large as is covered by the 'drip line' of each tree, the minimum area needed to protect each tree's root zone. Installation of any underground utilities (electric, water, sewer...) must also avoid intruding into these fenced off protective zones. It is essential to minimize grade changes and/or soil compaction by heavy equipment around these trees. Careful, judicious pruning of these trees, along with the injection fertilization proposed, will also help these trees have a better chance of surviving the inevitable stresses suffered both during and post -construction. The applicant submitted a written description describing the procedure that will be adhered to during construction for the protection of existing trees. Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must be shown on the plans. Snow storage areas are shown on the site plan. With the addition of arborvitae plantings, stockade fencing, or other suitable screening around these HVAC units, and with the additional conditions above to help protect the existing mature trees that the applicant seeks to retain, then the Board finds this criterion satisfied. 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 exterior lighting shall be shielded and downcast. Lighting plans and cut sheets for the proposed light fixtures are included in the materials submitted and indicate compliance with the standards. The Board finds this criterion satisfied. DECISION Motion by Bill Miller, seconded by Mark Behr, to approve preliminary and final plat application #SD-14- 07 of O'Brien Brothers Agency, LLC subject to the following stipulations: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This Droiect shall be completed as shown on the Dlans submitted by the applicant and on file in the Lana uevelopment Keguiations or tnis approval is null ana voice. 4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the buildings. 5. 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 plan. a. The plans shall be revised to show the E-911 addresses for each building. b. The plans shall be revised to screen the three (3) HVAC units on the easterly side of building B. c. The survey plat and site plans shall be revised to depict a 20 foot wide recreation path easement along the property's frontage. d. The plans shall be revised to show the fences as described in an email dated 4/14/14 from the applicant. 6. The applicant shall adhere to all recommendations and requirements of the City of South Burlington Water Department, City Engineer, Director of Public Works, Stormwater Utility Superintendent, and Fire Chief. 7. Prior to permit issuance, the applicant shall post a $14,000 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. 8. Prior to issuance of a zoning permit for the first building, the recreation path easement deed shall be submitted to the City Attorney for approval and recorded in the South Burlington Land Records. 9. The applicant shall obtain final wastewater allocation prior to issuance of a zoning permit. 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 shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 11. All exterior lighting shall be shielded and downcast. 12. A digital PDF version of the full set of approved final plans shall be delivered to the Administrative Officer before any zoning permit may be issued for the subject property. 13. Prior to issuance of any zoning permit for site work or construction, a digital copy of the final project plans in pdf format shall be delivered to the Administrative Officer. 14. The final plat plans (survey plat & 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 Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — 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 Motion carried by a vote of 5 — 0 — 0 Signed this day of r 2014, by Tim Barritt, Chair 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://vermontoudiciarV.org/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.