HomeMy WebLinkAboutSD-07-64 - Decision - 0725 Hinesburg Road#SD-07-64
CITY OF SOUTH BURLINGTON
FINDINGS OF FACT AND DECISION
ALLEN ROAD LAND COMPANY
FINAL PLAT APPLICATION #SD-07-64
FINDINGS OF FACT AND DECISION
Allen Road Land Company, hereinafter referred to as the applicant, is seeking final plat
plan approval 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
applicant received preliminary plat approval on 6/5/07. This is a remand from the
Environmental Court Docket No. 35-2-08 Vtec and the proceedings are limited in scope
in accordance with the Court's Entry Order issued December 26, 2008.
The Development Review Board held a public hearing on Tuesday, January 20, 2009.
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 final plat plan approval 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 applicant received preliminary plat
approval on 6/5/07. This is a remand from the Environmental Court Docket No. 35-2-08
Vtec and the proceedings are limited in scope in accordance with the Court's Entry
Order issued December 26, 2008.
2. The owner of record of the subject property is Allen Road Land Company,
Inc.
The subject property is located in the Residential 7 (R7) Zoning District.
4. The plans submitted consist of a seven (7) 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 Civil Associates,
PLC, dated 11 /30/06, last revised on 9/6/07.
FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\Chetti\chetti_remand_ffd.doc
#SD-07-64
Zoning District & Dimensional Requirements
Table 1. Dimensional Re uirements
R7 Zoning District
Required
Proposed
Min. Lot Size
4.68 acres
4.99 acres
Max. Density
7 units/acre
6 units/acre
Max. Building Coverage
30%
8.7%
Max. Total Coverage
40%
20%
�l Min. Front Setback
30 ft.
Approx 90 ft.
Min. Side Setback
10 ft.
17 ft.
Min. Rear Setback
30 ft.
>200 ft.
Max. Building Height
40 ft.
39'6"
zoning compliance
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:
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 September 28, 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. This requirement will be met.
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.
2
FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\Chetti\chetti_remand_ffd.doc
#SD-07-64
Access to the lot is proposed by a 24' wide private drive off of Hinesburg Road. The
applicant submitted information in a letter dated January 12, 2009 from O'Leary -Burke
Civil Associates, Inc to Ray Belair to support the location of the proposed private drive
on Hinesburg Road. This information indicates that sight distances in both directions
exceed the minimum requirements of 390 feet per the VAOT B-71 Standard for a 35
mph speed zone. In addition, the applicant submitted a "Letter of Intent" from VAOT
dated January 14, 2008 to allow the proposed private drive access to Hinesburg Road.
A previous issue with this project is whether or not the road will be considered public or
private. Section 15.12(D)(3) of the South Burlington Land Development Regulations
states: "the DRB may at its discretion approve a roadway or roadways within a
subdivision or PUD to be private if one or 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 PUDs in this article."
The Development Review Board has determined that the proposed roadway functions
as a private access road and that such a road is consistent with the standards for PUDs
in this case. The Board agrees.
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 it nevertheless provides adequate pedestrian connectivity. The
property owners shall be responsible for its ongoing maintenance.
The applicant has also shown an alternate driveway to the property that would be used
if an interstate on -ramp were ever built in the location shown on the city's official map.
The Board finds the location of the alternate access acceptable with the understanding
that this access would also be a private drive.
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.
FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\Chetti\chetti_remand_ffd.doc
#SD-07-64
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."
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 and November 2, 2007. The plans have since been revised
accordingly. A paver block turnaround has been added which has an adequate area for
the turning movement for a full-sized ladder truck in the space provided. A fire hydrant
has been added adjacent to the four -unit building.
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, as depicted
on the plan on the plans. Pursuant to 24 V.S.A. §4421(4) and 19 V.S.A. §708, on July
21, 2008, the South Burlington City Council commenced proceedings regarding the
acquisition of land for the so-called Interstate 89 Exit 12B project. By Notice of Decision,
dated October 22, 2008, the City Council declined to acquire the involved land.
Therefore, the Board concludes that 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.
4
FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\Chetti\chetti_remand_ffd.doc
#S D-07-64
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 provides for safe pedestrian movement.
According to Table 13-1 of the South Burlington Land Development Regulations, the
proposed project will require 68 parking spaces (2 parking spaces per dwelling unit plus
1 parking space for every 4 multi -family dwelling units). A total of 60 parking spaces are
proposed for the subject building: 28 garage/carport spaces, 32 surface parking spaces.
Thus, the applicant is requesting an 8 space, 11.8%, parking waiver. The Board
supports this parking waiver.
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, but the buildings face the
interior of the lot and the buildings and landscaping largely shield the parking areas from
both the abutting property owners and Hinesburg Road. The location of the proposed
parking areas 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 proposed 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.
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
5
FIUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\Chetti\chetti_remand_ffd.doc
#S D-07-64
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.
The reservation of land is not required in this case.
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 been 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 $19,764.25 in new plantings, thereby meeting the minimum requirement.
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 meets this standard,
6
F:\USERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\Chetti\chetti_remand_ffd.doc
#SD-07-64
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 has amended its
plans to address the comments of the Stormwater Superintendent.
DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Final Plat Application
#SD-07-64 of Allen Road Land Company, Inc., subject to the following terms and
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 plans submitted by the
applicant, referenced above, and on file in the South Burlington Department of Planning
and Zoning and with the terms and conditions of this decision.
3) The plat plans shall be revised to show the changes below and shall
require approval of the Administrative Officer. Three copies of the approved revised
plans shall be submitted to the Administrative Officer prior to recording.
a) The plans shall be revised to comply with the comments,
recommendations and requirements of the South Burlington Fire Department, as set
forth in letters dated 5/10/07 and 11/2/07 on file with the City's Department of Planning
and Zoning.
b) The plans shall be revised to reflect the comments,
recommendations and requirements of the City Engineer per the memo dated May 10,
2007, on file with the City's Department of Planning and Zoning, with the exception of
those items referencing the public road (#1, #6).
c) The plans shall be revised to remove the proposed access
easement four the subject property to Derby Circle.
7
FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\Chetti\chetti_remand_ffd.doc
#SD-07-64
4) The applicant shall comply with the comments, recommendations and
requirements of the South Burlington Water Department as outlined in a letter dated
September 28, 2007 on file with the City's Department of Planning and Zoning.
5) To the extent that plan modifications are not required, the applicant shall
otherwise construct the project to comply with and/or implement the comments of the
South Burlington Fire Department, as outlined in the letters, referenced above, dated
5/10/07 and 11 /2/07.
6) To the extent that plan modifications are not required, the applicant shall
otherwise construct the project to comply with and/or implement the comments of the
City Engineer per the memo dated May 10, 2007, referenced above, with the exception
of those items referencing the public road (#1, #6).
7) The applicant shall obtain final wastewater allocation approval from the
Director of Planning and Zoning, prior to issuance of the first zoning permit.
8) The proposed project shall construct the project to comply with and/or
implement the 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.
9) Pursuant to Section 15.12(D)(3) of the Land Development Regulations, the
Board has determined that: 1) the proposed roadway functions as a private access road
within the PUD and 2) that the roadway is consistent with the standards for PUDs.
10) Pursuant to Section 15.13(E) of the South Burlington Land Development
Regulations, any new utility lines shall be underground.
11) The Board approves a parking waiver of 8 spaces or 11.8% for a total of 60
spaces.
12) The applicant shall post a $19,500 landscaping bond, in a form approved by
the City attorney. 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.
13) The applicant shall submit a street name (for the private roadway) and
addresses based on E-911 "addressing standards" prior to recording the final plat plans.
The street name shall be approved by the Planning Commission and included on the
final plat plans.
14) The applicant shall provide homeowners' association documents which prohibit
the parking of RVs on site, which shall be approved by the City Attorney, prior to
recording the final plat plans.
15) There shall be no parking of recreational vehicles on the property.
16) The applicant shall obtain a zoning permit for the first building within six (6)
months of this approval. The 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
8
FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\Chetti\chetti_remand_ffd.doc
#SD-07-64
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.
17) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
18) The final plat plan (property plat sheet PL and 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.
Mark Behr — ea nay/abstain/not present
Matthew Birmingham —,yea&iay/abstainlnat resent
John Dinklage — yea/nay/abstairknot present
Roger Farley — ea/ ay/abstain/not present
Eric Knudsen — ea ay/abstain/not present
Peter Plumeau — yea/nay/abstain/pot presen
Gayle Quimby —�e�ay/abstain/not present
Motion carried by a vote of
,4.; r
Signed this E day of JP� �� �i'i 2009, by
Mark Behr, Vice Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 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).
9
F:\USERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2009\Chetti\chetti_remand_ffd.doc