HomeMy WebLinkAboutSD-11-26 - Decision - 0725 Hinesburg Road#SD-11-26
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
ALLEN ROAD LAND CO — 725 HINESBURG ROAD
FINAL PLAT APPLICATION #SD-11-26
FINDINGS OF FACT AND DECISION
Allen Road Land Co. Inc. is seeking final plat approval to amend a previously approved
plan for a planned unit development consisting of 30 dwelling units in four (4) buildings,
with an existing single family dwelling to remain. The amendment consists of: 1) adding
a roofed entry and first and second floor decks to the six (6) unit and 10 unit buildings,
2) adding basements to the buildings, and 3) adding two utility cabinets (transformers),
725 Hinesburg Road.
The Development Review Board held a public hearing on September 20 and October 4,
2011. 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. Allen Road Land Co. Inc is seeking final plat approval to amend a previously
approved plan for a planned unit development consisting of 30 dwelling units in four (4)
buildings, with an existing single family dwelling to remain. The amendment consists of:
1) adding a roofed entry and first and second floor decks to the six (6) unit and 10 unit
buildings, 2) adding basements to the buildings, and 3) adding two utility cabinets
(transformers), 725 Hinesburg Road.
2. The owner of record of the subject property is Allen Road Land Company Inc.
3. The application was received on August 8, 2011.
4. The subject property is located in the Residential 7 Zoning District.
5. The plans submitted consist of a five (5) page set of plans, page one (1) entitled
"Allen Road Land Co., Inc 725 Hinesburg Road South Burlington, VT final plan 31 unit
Planned Unit Development", prepared by O'Leary -Burke dated November 26, 2006 and
last revised on September 21, 2011.
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Roofed Entry and Decks:
The proposed new entry and decks have been reviewed for compliance with
dimensional standards (Appendix C, Table C-2) and the site plan criteria (Chapter 14)
regarding building elevations.
Dimensional Requirements
R7 Zon±a District
Required
Pro osed
�l Min. Lot Size
4.68 acres
4.99 acres
�l Max. Density
7 units/acre
6 units/acre
Max. Building Coverage
30%
8.7%
�l Max. Total Coverage
40%
20.2%
�l Min. Front Setback
30 ft.
Approx 90 ft.
Min. Side Setback
10 ft.
>10 ft.
Min. Rear Setback
30 ft.
>200 ft.
Max. Building Height
40 ft.
40 ft.
4 zoning compliance
The proposed entry and decks comply with all dimensional standards of the district. The
property remains below coverage limitations and the proposed decks are beyond
setback requirements.
The applicant is required to submit proposed building elevations to examine compliance
with section 14.06C, as follows:
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 submitted building elevations to depict the proposed decks from all sides.
The Board reviewed the elevations and determined that the balconies were to be removed
from the north side of the 6-unit building given their height and proximity to the adjacent
properties to the north.
The plans were revised to reflect this.
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Basements:
The Land Development Regulations do not contain specific or even general review
standards related to basements. However, as they are an improvement to the building,
the costs of construction associated with these have been counted towards the required
landscaping budget.
The Board stated that they wished to have the windows removed from the basement.
The plans were revised to replace the basement window with a proposed mechanical
vent.
Utility Cabinet:
There are two additional utility cabinets proposed for the site. Pursuant to Section 13.18
of the Land Development Regulations:
A. General Requirements. In any district, the Development Review Board may grant site
plan approval for the construction of a utility cabinet, according to the following regulations.
B. Specific Standards for Utility Cabinets and Similar Structures.
(1) The facility shall serve the City of South Burlington and/or immediately adjacent
communities.
(2) The minimum required lot for a public utility cabinet, substation, or
communication relay station may be reduced from the zoning district
requirements, at the discretion of the Development Review Board. In the event
that the facility shall be erected on property not owned by the utility, the
Development Review Board shall require that the facility be located
unobtrusively.
(3) If the parcel containing the facility is landlocked, there shall be a recorded
easement or permission granting access to the utility or owner of the facility.
(4) There shall be sufficient landscaping with evergreens of sufficient height and
density to screen effectively the facility from surrounding property. Landscaping
may allow for the use of any doors so long as the door -side of the units is visible
from an existing or planned public street.
(5) There shall be adequate off-street parking for maintenance, service, or other
vehicles.
(6) The location of the facility shall be shown on all relevant site plans.
(7) The Development Review Board may attach conditions in order to prevent any
hazard to the public or noise nuisance to surrounding property. Utility cabinets
shall be located a minimum of five (5) feet from all existing or planned public
roads or rights -of -way.
(8) A facility that would be a nuisance to surrounding properties due to smoke, gas,
heat, odor, noise, or vibration shall not be permitted in any district.
The Board discussed the proposed utility cabinets with respect to the above criteria.
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The City Arborist reviewed the revised landscaping plans and has stated that the
Japanese Barberry proposed will be unacceptable as it is commonly known as an
invasive species. The applicant chose to replace the barberry with Shamrock Inkberry.
The plans shall be revised to reflect this. The Board has determined that this shall be
planted at a minimum height of 36" to ensure adequate screening by this slow growing
shrub.
Given the increased building construction costs, the minimum landscaping budget has
now increased to $20,000. The applicant must submit a revised budget estimate for the
new plantings. It shall meet a minimum of $20,000 in qualified trees and shrubs.
DECISION
Motion by Joe Randazzo, seconded by Roger Farley, to approve Final Plat Application #SD-11-
26 of Allen Road Land Co, 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 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 Japanese Barberry shall be replaced with Shamrock Inkberry. The
Shamrock Inkberry shall have a minimum planted height of thirty-six inches (36").
4. The applicant shall submit a revised itemized landscaping budget reflecting the Shamrock
Inkberry. The budget shall meet a minimum of $20,000.
5. 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.
6. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to
the use of the site modifications approved under this decision.
7. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
8. The final plat plan (sheet 1) 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.
9. Prior to permit issuance, the applicant shall post a $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.
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Tim Barritt— yea/nay/abstain/not present
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Joe Randazzo— yea/nay/abstain/not present
Michael Sirotkin — yea/nay/abstain/not present
Bill Stuono — yea/nay/abstain/not present
Motion carried by a vote of 6-0-0
Signed this 19th day of October 2011, by
Digitally signed by Mark C. Behr
Mark C. Behr Behr Architect
Mark C. Behr, o=Richard Henry
Behr Architect P.C., ou,
email=mark@rhbpc.com, c=US
Date: 2011.10.19 22:36:29-04'00'
Mark Behr, Chairman
Please note: An appeal of this decision may be taken by filing, within 30 days of the
date of this decision, a notice of appeal and the required fee by certified mail to the
Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of
appeal must also be mailed to the City of South Burlington Planning and Zoning
Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P.
5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vermontoudiciary.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.
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