HomeMy WebLinkAboutSD-07-35 - Decision - 0000 Blackberry Lane#SD-07-35
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BDP REALTY, LLC — PLANNED UNIT DEVELOPMENT
FINAL PLAT APPLICATION #SD-07-35
FINDINGS OF FACT AND DECISION
BDP Realty, LLC, hereafter referred to as the applicant, is requesting final plat review for
a planned unit development consisting of eight two-family dwelling units (total 16 units),
61 IDX Drive. The Development Review Board held a public hearing on Tuesday, June
19, 2007. Gail Henderson -King 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 requesting final plat review for a planned unit development
consisting of eight two-family dwelling units (total 16 units), 61 IDX Drive.
2. The sketch plan was originally heard on February 7 and February 21, 2006 and
then again on November 21, 2006. The preliminary plat was heard on November
21, 2006, continued to December 19, 2006, and approved on January 2, 2007.
3. The owner of record of the subject property is BDP Realty, LLC.
4. The subject property is located in the Residential 4 (134) Zoning District and the
Bartlett Brook Overlay District.
5. The plans submitted consist of a thirteen (13) page set of plans, page one (1)
entitled, "Orchards 16 A Planned Unit Development South Burlington, Vermont
Overall Site Plan", prepared by Lamoureux & Dickinson Consulting Engineers,
Inc., dated October 2006, with a last revised date of 5/18/07.
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ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
R4 Zoning District
Required
Proposed
Min. Lot Size
6,000
SF/unit
4.15 acres
Max. Building Coverage
20%
14%
Max. Overall Coverage
40%
29.8%
# Min. Front Setback
30 ft.
20 ft.
�l Min. Side Setback
10 ft.
30 ft.
�l Min. Rear Setback
30 ft.
35 ft.
Density
4/acre I
4/acre
�l zoning compliance
# waiver required
Setbacks
The plans depict building footprints as close as 20 feet from the right-of-way of the newly
proposed public road, Blackberry Lane. The setback requirement for this district is 30 feet.
Therefore, a setback waiver of 10 feet will be required. It is possible for some of the
buildings to be set back further from the right-of-way and closer to the rear of the proposed
building envelopes. However, the Board supports a setback waiver because: 1) it is
extremely unlikely that there will be any future need to widen this road or extend it; 2)
setting the buildings back further would decrease the distance between the new buildings
and the abutting properties; 3) setting the buildings back further would decrease the
amount of 'backyard' space for the units. This delineated backyard space will reduce the
likelihood of homeowners using the setback space for recreation; 4) the buildings respect
the 30 feet setback from the more visible and traveled road, IDX Drive. The Board
supported this waiver at the sketch and preliminary plat reviews.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlinaton Land Development Reaulations. 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 plans have been reviewed by the South Burlington Water Department and comments
are available in a letter dated April 20, 2007.
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The South Burlington Water Department shall continue to review plans and provide
comments.
Pursuant to Section 15.13(D)(1), the developer shall connect to the public sewer system or
provide a community wastewater system that is approved by the City and the State in any
subdivision where off -lot wastewater is proposed. The developer is required to provide
such pumping and other facilities as may be necessary.
The applicant received preliminary wastewater capacity allocation on November 6, 2006.
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 project incorporates access, circulation and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to this development is proposed via a 24 foot wide public road off of IDX Drive, in a
50 foot right of way. The South Burlington Land Development Regulations require that
public roadways be a minimum of 28 feet. The Board supports this reduction in the
pavement width to 24 feet as approved by the South Burlington Fire Department and South
Burlington Public Works, as the road is not to be used for through traffic.
The proposed street name and addresses have been approved by the Planning
Commission and E-911 coordinator, respectively.
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.
The site plans depict some wetlands on the subject property.
Furthermore, as the site plans show buildings in the Class III wetland buffer, the applicant
was required to meet with the Natural Resources Committee, pursuant to Section 12.02(D)
of the South Burlington Land Development Regulations. The applicant has done so,
accompanied by a wetlands expert who testified to the major functions of the wetlands on
site. The expert stated for the record that this proposal would not adversely affect any of
those functions.
The NRC has recommended approval of the project subject to the applicant delineating the
edge of the large wetland area on the western portion of the property. Shrubbery or split rail
fencing would suffice. The applicant is proposing a line of trees and shrubbery to delineate
the residential area from the wetlands. The Board finds this acceptable and in accordance
with the wishes of the South Burlington Natural Resources Committee.
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The project is proposed to include more than one acre of impervious surface and will be
subject to state stormwater review and controls. The City of South Burlington Stormwater
Superintendent has stated that he will defer all comments on this matter to the state in
support of their comprehensive controls.
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 4.03 of the South Burlington Land Development Regulations, the R4
District is formed to encourage residential use at moderate densities. This proposal is within
density guidelines for the district and in compliance with this criterion.
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.
The above -mentioned criterion is adequately met through this proposal. There are three
distinct open spaces depicted on the plan. One of these spaces contains a proposed pond.
Furthermore, the plans show a substantial open -space buffer to remain between the
residential and commercial zoning districts. The plans also depict a greater buffer between
the abutting properties to the north and east than is required by regulations.
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 with respect to the road widths and
issued a verbal approval.
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.
Newly installed utility lines, services, and service modifications shall be underground.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
All proposed lighting must comply with Appendix D in the South Burlington Land
Development Regulations. The applicant has submitted lighting point plans. The lighting
appears to exceed the limits at the property boundary along IDX Drive. However, that
lighting will be absorbed by the street light located at the entrance to the new development.
The applicant has submitted lighting cut sheets. They meet the city standards of being
downcast and shielded. Additionally, the Board finds them to be aesthetically appealing.
The street light on IDX Drive will need to be relocated in order to accommodate the
placement of the new public road. The Board finds no problems with this as the location of
the new road is in the most appropriate location. The applicant shall work with the
appropriate authorities to accomplish this.
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A sidewalk is shown on the plans and is already in place, extending east to Green
Mountain Drive. Furthermore, the site plans depict a sidewalk along the new road,
accessing most of the properties. This is sufficient.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed PUD is consistent with the South Burlington Comprehensive Plan. The
Residential 4 District is formed to encourage residential use at moderate densities. This
plan achieves this.
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 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 PUD accomplishes a desirable transition from structure to site and from
structure to structure. The proposed PUD also provides for adequate planting and safe
pedestrian movement.
While the regulations do not require bicycle racks be provided for two-family buildings, the
applicant is proposing to provide one bicycle rack for the property.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The proposed parking locations are adequate.
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 scale of the proposed buildings is compatible with the site. According to Section 3.07
of the South Burlington Land Development Regulations, the maximum height of the
buildings in this PUD shall not exceed 40 feet. The applicant has stated that the proposed
buildings will be less than or equal to 40 feet. The applicant has provided building
elevations.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
It has already been indicated that any newly installed utility lines, services, or service
modifications shall be underground.
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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.
It has already been stated that architectural details have been submitted.
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 building elevations as submitted are very aesthetically pleasing; they appear to be
harmonious with existing buildings and will provide for a good visual relationship.
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 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.
There is no need or opportunity to reduce curb cuts as part of this proposal. The applicant
has been working with abutting property owners, at the Board's direction, to provide for a
pedestrian connection to the Laurel Hill neighborhood. At this time, no neighboring property
owners have been willing to provide such access. Still, the applicant has provided for an
easement to the City across the eastern property edge so that, should a future connection
be provided, it will be provided for on this property.
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 indicated that any newly installed utility lines, services, or service
modifications 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).
The plans do not show any solid waste facilities. The applicant has stated that trash is to
be maintained by individual home -owners.
Landscaping
The applicant has submitted a landscaping plan and budget.
Pursuant to Section 13.06 of the Land Development Regulations, the applicant must submit
a detailed landscaping plan, including a street tree planting plan. In addition, the applicant
is required to submit a landscape budget in accordance with Table 13-9 of the Land
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Development Regulations, to ensure that the minimum landscaping requirement is being
met.
Based on submitted building costs of $3,200,000, the minimum landscaping budget,
excluding street trees, shall be $39,500. The applicant has submitted a landscaping budget
of $40,140. This includes a request for a $10,530 credit for three large trees which exist on
the property and are proposed to be preserved. This value is determined via a standardized
evaluation method and reviewed by the City Arborist. The Board supports this credit.
Other
The City Engineer has reviewed the proposal and issued comments in a memo dated
June 14, 2007.
The applicant is requesting approval for a landscape feature sign. The Board has
reviewed the sign and finds that it meets the regulations. The Board advises that it be
located out of the right-of-way of the proposed public road.
Bartlett Brook Overlay District
The property is within the Bartlett Brook Overlay District. As such, Section 12.03
applies:
The Development Review Board shall not approve any land development proposal which
must be reviewed under this section unless it includes appropriate storm management
design to prevent an increase over pre -development conditions of the peak discharge and
velocity of stream flow downstream of the development site.
Section 12.03(D) governs the procedures for evaluation:
In order for the City to determine that the standards in section C above are met the
applicant for a land development project shall submit applicable information regarding the
development and storm management design to the City for inclusion into the City's
stormwater hydrology computer model.
The applicant has contacted Heindel and Noyes to complete the assessment as outlined in
Section 12.03. Heindel and Noyes has contacted the city, has stated that the proposed
changes are consistent with the City's overlay zoning regulations and recommended that
the Board approve the stormwater aspects of this project.
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DECISION
Motion by a -We_
oa"hb+
seconded byapprove Final Plat Application #SD5 of BDP Realty, LLC, lubject to the foll wing
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 to show the changes below and shall require approval of
the Administrative Officer. Four (4) 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 requests of the South Burlington
Water Department Superintendent as outlined in a letter dated April 20, 2007.
b) The plans shall be revised to comply with the requests of the City Engineer as
outlined in his memo dated June 14, 2007.
c) The plans shall be revised to comply with the requests of the City Arborist as
outlined in his comments dated June 8, 2007.
d) The plans shall be revised to show the mailbox structure outside of the City right-
of-way.
e) The plans shall be revised to show the entry stonewall, fence, and sign outside of
the City right-of-way.
f) The plans shall be revised to reflect that Unit 2 is proposed to have a deck. It
shall respect the appropriate setbacks.
4) The applicant shall comply with the requests of the South Burlington Water
Department Superintendent as outlined in his letter dated April 20, 2007.
5) The applicant shall comply with the requests of the City Engineer as outlined in his
memorandum dated June 14, 2007.
6) The Development Review Board approves a 10 foot front yard setback waiver from
Blackberry Lane thereby requiring a 20 foot front setback along the proposed right-
of-way.
7) The applicant shall obtain final wastewater capacity allocation from the Director of
Planning and Zoning, Juli Beth Hinds, prior to issuance of zoning permits.
8) 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.
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9) The Development Review Board approves a 24 foot wide pavement width for the
proposed city street.
10) Newly installed utility lines, services, and service modifications shall be underground.
11) The applicant shall work with the appropriate authorities to relocate the existing
street light on IDX Drive.
12) The applicant shall adhere to the comments of the City Arborist as outlined in his
comments dated June 8, 2007. The applicant shall adhere to the established
guidelines for respecting the existing pine tree on the Skiff property and the roots
which extend into the applicant's property. This shall be done in consultation with the
South Burlington City Arborist.
13) The applicant shall post a $39,500 landscaping bond prior to the issuance of the first
zoning permit. 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.
14) Prior to issuance of a zoning permit for the first building or start of utility or road
construction, all appropriate legal documents including easements (e.g., irrevocable
offer of dedication and warranty deed for proposed public road, and utility, sewer,
water, etc.) shall be submitted to the City Attorney for approval and recorded in the
South Burlington land records.
15) Prior to start of construction of the improvements described in #14 above, the
applicant shall post a bond which covers the cost of said improvements.
16) In accordance with Section 15.14 of the South Burlington Land Development
Regulations, within 14 days of completion of required improvements (e.g. roads,
water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the
City Engineer, "as -built" construction drawings certified by a licensed engineer.
17) Patios for units labeled 3-16 shall not be converted to decks or sunrooms.
18) The garages shall not be converted to living space.
19) 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.
20) The mylar shall be recorded prior to zoning permit issuance.
21) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
22) The final plat plan (Sheet No.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 in digital format. The format of the digital information shall require
approval of the Director of Planning and Zoning.
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Mark Behr -nay/abstain/not present
Matthew Birmingham - �ay/abstain/not_ present
John Dinklage - ea/nay/abstain/ of r
Roger Farley /nay/abstain/not present
Eric Knudsen - yea/nay/abstain/ of res
Peter Plumeau -(j6:�/nay/abstain/not present
Gayle Quimby -nay/abstain/not present
Motion carried by a vote oft-')
Signed this Iday of " 2007, 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 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).
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