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HomeMy WebLinkAboutSD-06-97 - Decision - 0000 Blackberry Lane#SD-06-97 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING BDP REALTY, LLC — PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT APPLICATION #SD-06-97 FINDINGS OF FACT AND DECISION BDP Realty, Inc, hereafter referred to as the applicant, is requesting preliminary 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 November 21, 2006, December 19, 2006, and January 2, 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 The applicant is requesting preliminary 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, 2006 and February 21, 2006 and then again on November 21, 2006. The preliminary plat was heard on November 21, 2006 and continued to December 19, 2006 so that the applicant could work on a plan which would increase the side yard buffer. The applicant submitted new plans on December 12, 2006 which accomplishes this. 3. The preliminary plat plan was scheduled to be heard on December 19, 2006 was continued to January 2, 2007 because there were not enough members present to provide a quorum for this application. 4. The owner of record of the subject property is BDP Realty, Inc. 5. The subject property is located in the Residential 4 (R4) Zoning District. 6. The plans submitted consist of a 13 page set of plans, page two (2) entitled, "BDP Realty LLC Property South Burlington, Vermont Overall Site Plan", prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated Oct, 2006, last revised on 12/8/06. - 1 - #SD-06-97 ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements R4 Zoning District Required Proposed �I Min. Lot Size 6,000 SF/unit 4.15 acres Max. Building Coverage 20% 14% �l Max. Overall Coverage 40% 29.8% # Min. Front Setback 30 ft. 20 ft. �l Min. Side Setback 10 ft. 30 ft. Min. Rear Setback 30 ft. 35 ft. �l Density 4/acre 4/acre 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. 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 would support 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 last sketch plan review. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comDly with the followina 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 attached in a letter dated December 18, 2006. The South Burlington Water Department shall continue to review plans and provide comments. -2- #SD-06-97 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. 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 would support some reduction in the pavement width to 24 feet if approved by the South Burlington Fire Department and the South Burlington Public Works. Both have verbally stated that they would support the pavement width for this subdivision because the road is not to be used for through traffic. 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 is 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 ten major functions of wetlands. The expert stated for the record that this proposal would not adversely affect any of those functions. The Natural Resources Committee (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. This is acceptable and in accordance with the wishes of the South Burlington Natural Resources Committee. 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. -3- #SD-06-97 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, staff finds them to be aesthetically appealing. The street light on IDX Drive will need to placement of the new public road. There an new road is in the most appropriate location. authorities to accomplish this. be relocated in order to accommodate the no problems with this as the location of the The applicant shall work with the appropriate 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). #SD-06-97 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. 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 -5- #S D-06-97 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 to be 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 are no opportunities to provide access to abutting properties or to reduce curb cuts as part of this proposal. 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 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 is actively working with staff and the City Arborist to offer a landscaping plan which will meet the minimum budget and street tree requirements. The applicant will also be requesting credit for some sizeable trees on the MI #SD-06-97 property which are proposed to be preserved. Staff and the City Arborist support this and will provide a better accounting of such as part of final plat application. Other The City Engineer has reviewed the proposal and issued comments in a memo dated November 16, 2006. The applicant should contact the post office and discuss the placement of mailboxes on the site. 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. DECISION Motion by 6 tC %Yy& seconded by wO &-ey,,( , to approve Preliminary Plat Applic lion #SD-06-97 of BDP Realty, LLC, 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 to show the changes below with final plat submittal: a) The final plat plans shall be revised to comply with the comments of the South Burlington Water Department Superintendent as per the letter dated December 18, 2006. 7- #SD-06-97 b) The final plat plans shall be revised to comply with the requests of the City Engineer as per his memo dated November 16, 2006. c) The final plat plans shall include a proposed street name and E911 street addresses. These shall be presented to the E-911 coordinator and approved by the South Burlington Planning Commission. d) If the postal service and/or the applicant decides to use a central postal receptacle area, this structure shall be shown on the site plan. 4) The applicant shall comply with the requests of the South Burlington Water Superintendent as outlined in his letter dated December 18, 2006. 5) The applicant shall comply with the requests of the City Engineer as outlined in his memorandum dated November 15, 2006. 6) The Development Review Board approves a 10 foot front yard setback waiver thereby requiring a 20 foot front setback along the proposed r.o.w. 7) The applicant shall obtain wastewater capacity allocation from the Director of Planning and Zoning, Juli Beth Hinds, prior to issuance of a zoning permit. 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. 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 continue to work with Staff and the City Arborist and submit an appropriate landscaping plan and budget, as part of the final plat application. 13) The applicant shall contact Heindel and Noyes to complete the assessment as outlined in Section 12.03. The applicant shall meet all requirements of Section 12.03 (D) prior to submittal of final plat. The report from Heindel and Noyes shall be submitted as part of the final plat submittal. 14) The applicant shall post a $39,500 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) 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, #SD-06-97 drainage, water, etc.) shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 16) The final plat submittal shall include a Certificate of Title pursuant to Section 15.17 of the Land Development Regulations which shall be approved by the City Attorney. 17) Prior to start of construction of the improvements described in condition #15 above, the applicant shall post a bond which covers the cost of said improvements. 18) In accordance with Section 15.14 of the 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. 19) Patios shall not be converted to decks or sunrooms. 20) The garages shall not be converted to living space. 21) The applicant shall submit the final plat application within twelve (12) months. Mark Behr - Yea/nay/abstain/not present Matthew Birmingham -(area/nay/abstain/not present John Dinklage 4nay/abstain/not present Roger Farley - ea nay/abstain/not present Eric Knudsen - yea/nay/abstain/(of prese Peter Plumeau - i nay/abstain/not present Gayle Quimby - �O/nay/abstain/not present Motion carried by a vote of 6 - Cl - U Signed this A day of _-� 2007, by John Dinklage, Chair 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).