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HomeMy WebLinkAboutSD-07-29 - Decision - 0725 Hinesburg Road#SD-07-29 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ALLEN ROAD LAND COMPANY, INC. — PLANNED UNIT DEVELOPMENT 725 HINESBURG ROAD PRELIMINARY PLAT APPLICATION #SD-07-29 FINDINGS OF FACT AND DECISION Allen Road Land Company, hereafter referred to as the applicant, is seeking preliminary plat plan review for a planned unit development consisting of 30 dwelling units in four (4) buildings, with an existing single family dwelling to remain, 725 Hinesburg Road. The Development Review Board held a public hearing on Tuesday, June 5, 2007. Paul O'Leary 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. The applicant is seeking preliminary plat plan review for a planned unit development consisting of 30 dwelling units in four (4) buildings, with an existing single family dwelling to remain, 725 Hinesburg Road. 2. The owner of record of the subject property is the Allen Road Land Company, Inc. 3. The subject property is located in the Residential 7 (R7) Zoning District. 4. The plans submitted consist of an eight (8) page set of plans, page one (1) entitled, "Allen Road Land Co., Inc 725 Hinesburg Road South Burlington, VT Preliminary Plan of a 31 Unit — planned unit development", prepared by O'Leary - Burke Civil Associates, PLC, dated 11/30/06. - 1 - #SD-07-29 Zoning District & Dimensional Requirements Table 1. Dimensional Requirements R7 Zonin District Required Proposed �l Min. Lot Size 4.68 acres 4.99 acres Max. Density 7 units/acre 6 units/acre Max. Building Coverage 30% 8.5% �l Max. Total Coverage 40% 19.9% Min. Front Setback 30 ft. Approx 100 ft. Min. Side Setback 10 ft. 24 ft. Min. Rear Setback 30 ft. >200 ft. Max. Building Height 40 ft. 39'6" 4 zoning compliance PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PLIDs 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 additional dwelling units. The South Burlington Water Department has reviewed the plans and provided comments in a letter dated June 5, 2007. 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. 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 applicant has submitted a sufficient grading and erosion control plan. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the lot is proposed by a 24' wide street off of Hinesburg Road extending to the first multi -family building. -2- #SD-07-29 A major issue with this project is whether or not the road will be considered public or private. Section 15.12(d) of the South Burlington Land Development Regulations states that "the DRB may at its discretion approve a roadway or roadways within a subdivision or PUD to be private if one ore more of the following situations applies: (b) The proposed roadway functions as a private service or access road within a commercial subdivision or PUD and the Development Review Board determines such a road would be consistent with the standards for PUD's in this article. " Secondly, in relation to the public road/private drive intersection, the South Burlington Department of Public Works has expressed concern that there is no place for them to turn their plows and school buses around. They have asked that a cul-de-sac be shown and shall be entirely public. The applicant is proposing a 5 foot wide bituminous concrete sidewalk to connect Hinesburg Road and the proposed development. This sidewalk does not directly follow the proposed road, but the Board feels that it nevertheless serves the purpose of pedestrian connectivity. The property owners shall be responsible for its ongoing maintenance. Furthermore, easement documents shall be drafted to ensure public access to this path. The applicant has also shown an alternate driveway to the property that would be used if the interstate on -ramp were to be built in the location shown on the city's official map. The Board finds this location acceptable as an alternate access with the understanding that this access would also have to be a public street. The proposed property is located in Traffic Overlay Zone 3. Per Section 10.02 of the South Burlington Land Development Regulations, the property shall be limited to a traffic budget of 45 VTE's per 40,000 square feet of land area. For the proposed site, this equates to a traffic budget of 244 p.m. peak hour trip ends. ITE manuals estimate that the site should generate 26.75 p.m. peak hour trip ends. The traffic generation of this proposal would be well within its limits. 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 two Class 3 wetlands shown on the westerly side of the property; however, the applicant is not proposing any development within these wetlands or their associated buffers. 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 Section 4.05 of the South Burlington Land Development Regulations, the explicitly stated purpose of the R7 Zoning District is to encourage high -density: "A Residential 7 District is hereby formed to encourage high -density residential use." -3- #SD-07-29 This project conforms to the planned development patterns in the area and the clearly stated purpose of the R7 Zoning 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 and/or stream buffer areas. This criterion is met through the proposed PUD. The project respects the 150' wide Interstate Highway Overlay District, and provides open space along the westerly side of the property. 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 letter dated May 10, 2007. The plans should be revised accordingly. Specifically, fire hydrants need to be shown; the applicant should submit a template which depicts the turning movement for a full-sized ladder truck in the space provided. It does not appear to be large enough at this time. 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 City Engineer has reviewed the plans and provided comments in a memo dated May 10, 2007. The applicant has submitted appropriate lighting cut sheets and point -by -point plan Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. A portion of the subject lot falls within an area designated on the City of South Burlington's official map for possible future use by a highway access ramp. The applicant depicts this adequately on the plans and has also addressed the possibility of a future on -ramp in their location of the access to the property. This proposal sufficiently considers the future of the highway access. It has repeatedly been noted that the applicant cannot be expected to fully engineer this on -ramp when the Agency of Transportation has not yet identified where it will be located. The applicant is however required to show the on -ramp as shown on the city's official map, along with the appropriate buffer. No building is permitted within this buffer. The applicant has satisfied this criterion. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project is consistent with the South Burlington Comprehensive Plan for reasons already stated, including the planned use and density of the R-7 zoning district. !zE #SD-07-29 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 movement, and adequate parking areas. The proposed project accomplishes a desirable transition from structure to site and from structure to structure. The site Drovides for safe Dedestrian movement. According to Table 13-1 of the South Burlington Land proposed project will require 68 parking spaces (2 parking parking space for every 4 multi -family dwelling units). A proposed for the subject building: 28 garage/carport spat Thus, the applicant is requesting an 8 space, 11.8%, parki this parking waiver. Development Regulations, the spaces per dwelling unit plus 1 total of 60 parking spaces are �s, 30 surface parking spaces. ig waiver. The Board supports According to Table 13-7 of the South Burlington Land Development Regulations, the proposed project will require three (3) handicapped -accessible parking spaces. The plans show three such spaces in the surface lot. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The proposed parking is to the front of the proposed buildings. However, they are shielded by buildings from both the abutting property owners and Hinesburg Road, largely hidden from the public view. Their location is acceptable. 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 height of the highest building from pre -construction grade to the mid -point of the eaves is 39' 6". The maximum height for buildings with peaked roofs in South Burlington is 40'. Therefore, this application does not require a height waiver. 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 South Burlington Land Development Regulations, any new utility lines shall be underground. -5- #SD-07-29 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. In addition, the 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 elevation plans addressing this criterion. The design of the building is appropriate for a residential neighborhood, with elements similar to those of the surrounding single-family homes and condos. 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. It is again noted the existence of reserved land for a possible interstate highway access ramp. 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. It has already noted that, 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). All dumpsters and solid waste facilities shall be accessible, secure, and screened to the satisfaction of the Development Review Board. A dumpster is shown on a concrete pad surrounded by a stockade fence. This is sufficient. Landscaping and Screening Requirements A bicycle rack is depicted on the plans. Based on submitted building costs of $1,200,000, the minimum landscaping budget in accordance with Sections 13.06(F) and 13.06(G) shall be $19,500. The applicant has proposed $18,439.25 in new plantings, short $1,060.75 of the minimum required. The applicant is asking for credit for $4,000 of existing mature trees. The Board supports a credit in the amount of $1,060.75. Should the budget for new plantings be decreased by the amount proposed in this application, the Board recommends that the City Arborist evaluate and appraise the trees which are proposed for the credit. WO #S D-07-29 Section 13.06(F) of the South Burlington Land Development Regulations requires that the "landscaping plan be prepared by a landscape architect, master gardener, nursery professional, arborist, professional landscape designer, or other landscape professional." The landscape plan submitted does not state the qualifications of the designer and should. Pursuant to Section 13.06(B)(4) of the South Burlington Land Development Regulations, the plans should show the location of snow storage areas, as part of the submittal of the preliminary plat application. Adequate snow storage areas are shown on the plans. Interstate Highway Overlay District (IHO) All of the proposed development on the subject property is located outside of the 150' wide buffer created by the Interstate Highway Overlay District. Other The City of South Burlington Stormwater Superintendent has reviewed the plans and provided comments in a memo dated April 30, 2007. The applicant should address the questions as part of submittal of final plat application. DECISION Motion by eR 1 L'C' OUI W1 61 seconded byei2\06--E-k to approve Preliminary Plat Application #SD-07-29 of Allen Road Land Company, Inc., 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 plans shall be revised prior to final plat submittal as follows: a) The plans shall be revised to comply with the stipulations of the South Burlington Water Department per the letter dated June 5, 2007. b) The plans shall be revised to comply with the comments of the South Burlington Fire Department, as part of the submittal of the final plat application. c) The plans shall be revised to reflect the comments of the City Engineer per the memo dated May 10, 2007, with the exception of those items referencing the public road (#1, #6). 7- #S D-07-29 d) The landscape plan shall be prepared by a landscape professional per Section 13.06(F) of the South Burlington Land Development Regulations. The plan shall be revised to reflect compliance with this criterion. 4) The applicant shall comply with the requests of the South Burlington Water Department as outlined in a letter dated June 5, 2007. 5) The applicant shall adhere to the comments of the South Burlington Fire Department, as part of the submittal of the final plat application. 6) The applicant shall adhere to the comments of the City Engineer per the memo dated May 10, 2007, with the exception of those items referencing the public road (#1, #6). 7) The applicant should obtain preliminary wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hinds, prior to submittal of the final plat application. 8) The landscape plan shall be prepared by a landscape professional per Section 13.06(F) of the South Burlington Land Development Regulations. The plan shall be revised to reflect compliance with this criterion. 9) 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. 10) Pursuant to Section 15.12(d) of the Land Development Regulations, the Board has determined that: 1) the proposed roadway functions as an access road within the PUD, 2) that the roadway is consistent with the standards for PUDs, the access road shall be private. 11) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 12) The Board approves a parking waiver of 8 spaces or 11.8% for a total of 60 spaces. 13) The Board grants a landscaping credit of $1,060.75 for existing trees on site. 14) The applicant shall post a $19,500 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. 15) The applicant shall satisfactorily address the questions of the Stormwater Superintendent as part of the final plat application as outlined in a memorandum dated April 30, 2007. 16) The applicant shall submit a street name (for the private roadway) and addresses based on E-911 addressing standards with the final plat application. The street name shall be approved by the Planning Commission prior to final plat approval. #SD-07-29 17) The applicant shall provide association documents which prohibit the parking of RVs on site as part of the final plat application. 18) 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 remaining three (3) multi -family dwellings in the proposed development. At such time as the five years is reached and the applicant has not sought a zoning permit for the remainder of the 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. 19) Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 20) The final plat application shall be submitted within twelve (12) months. Mark Behr —(&/nay/abstain/not present Matthew Birmingham — yea/nay/abstain not presen resen John Dinklage — yea/nay/abstain of p Roger Farley — e nay/abstain/no present Eric Knudsen —/nay/abstain/not present Peter Plumeau — ea/nay/abstain of res Gayle Quimby ye nay/abstain/not present Motion carried by a vote of `T - b - 6) Signed this da' of 2007, by ark Behr, Vice Chairman 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).