HomeMy WebLinkAboutSD-04-77 SD-04-78 - Decision - 1060 Hinesburg RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
A & M CONSTRUCTION CORP. - PLANNED UNIT DEVELOPMENT
PRELIMINARY PLAT APPLICATION #SD-04-77
FINAL PLAT APPLICATION #SD-04-78
A&M Construction Corp., hereafter referred to as the applicant, is requesting preliminary
plat and final plat approval for a planned unit development to convert a 2,142 square foot
single family dwelling to a 40 student day care center and/or a general office, 1060
Hinesburg Road. The Development Review Board held a public hearing on December
7, 2004, but continued to January 18, 2005. Mike Gravelin and David Burke represented
the applicant.
Based on testimony provided at the above mentioned public hearings 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 preliminary plat and final plat approval for a planned
unit development to convert a 2,142 square foot single family dwelling to a 40
student day care center and/or a general office, 1060 Hinesburg Road.
2. The owner of record of the subject property is A & M Construction Corporation.
3. The subject property is located in the Industrial and Open Space (10) Zoning
District.
4. The plans consist of a three (3) page set of plans, page one (1) entitled, "A & M
Construction Corp. Hinesburg Road South Burlington, VT Site Plan -Daycare",
prepared by O'Leary -Burke Civil Associates, PLC, dated 8/9/04, last revised on
1 /3/05.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
10 Zoning District 7F
Required
Proposed
♦ Min. Lot Size
3 acres
57,000 SF
Max. Density
n/a
n/a
Max. Building Coverage
30%
3.8%
Max. Overall Coverage
50%
18.4%
+ Min. Front Setback
57 ft.
47 ft.
+ Min. Side Setback
35 ft.
24 ft.
4 Min. Rear Setback
50 ft.
> 50 ft.
zoning compliance
♦ pre-existing small lot complying with Section3.05(C) of the
Land Development Regulations
4 pre-existing noncompliance
n/a no residential units proposed
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions and PUDs shall comply with the followinq standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
According to Section 15.13 of the South Burlington Land Development Regulations, the
existing public water system shall be extended so as to provide the necessary quantity of
water, at acceptable pressure.
The water service to the subject building is in existence and will not be changed through the
proposed project.
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.
The applicant obtained preliminary wastewater allocation from Juli Beth Hinds on October
14, 2004.
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 submitted existing and proposed contour lines for the subject property. They
are depicted on Sheets 1 and 1A of the plans.
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The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to this property is proposed via a 24' wide curb -cut off of Hinesburg Road. This is a
shared access with the property to the north. In addition, there is a 16' wide driveway
extending off of Hinesburg Road that the applicant is proposing to gate and maintain for
handicapped access. Therefore, circulation on the site should not be an issue.
According to the ITE Trip Generation Manual, 7tn Edition, the proposed day care center is
estimated to generate 34.1 P.M. peak hour trip ends (Land Use 565, fitted curve equation
for 40 students). According to the ITE Trip Generation Manual, 7t" Edition, the proposed
general office use is estimated to generate 3.2 P.M. peak hour trip ends (Land Use 710,
average rate for 2,142 square feet). The existing singe family dwelling is estimated to
generate 1.01 vehicle trip ends during the P.M. peak hour. This results in the daycare
generating 33.09 additional vte's and the general office generating 2.19 additional vte's.
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 plans depict the wetlands on the subject property, as delineated by Cathy O'Brien on
October 1, 2004. No development is proposed within the wetland or its associated 50' wide
buffer. However, this 50' wide buffer is not depicted on the plans.
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 6.04(A) of the Land Development Regulations, the Industrial -Open Space
IO District is established to provide suitable locations for high -quality, large -lot gffice, light
industrial and research uses in areas of the City with access to major arterial routes and
Burlington International Airporl. The IO District regulations and standards are intended to allow
high -quality planned developments that preserve the generally open character of the district,
minimize impacts on natural resources and water quality, and enhance the visual quality of
approaches to the City while providing suitable locations for employment and business growth.
The location and architectural design of buildings in a manner that preserves these qualities is
strongly encouraged.
The proposed project is in compliance with the stated purpose of the 10 District, as outlined
in the Land Development Regulations.
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.
There are significant portions of open space running along the eastern portion of the
property, so this requirement is met.
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.
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The Fire Chief will be reviewing the plans prior to the meeting on December 7, 2004.
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 South Burlington Recreation Path Committee reviewed the plans and provided
comments in a memorandum dated October 5, 2004.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The applicant is proposing a 20' wide recreation path easement along the property
frontage.
The City Engineer reviewed the plans and provided comments in a memorandum dated
December 2, 2004.
The applicant has stated that there are currently three (3) floodlights on the subject
property, and that two (2) of them were to be removed and replaced with the shielded,
downcasting fixtures. All three (3) of the existing floodlights should be replaced with
shielded, downcasting fixtures.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed project is in conformance with the South Burlington Comprehensive Plan.
Pursuant to Section 15.18(Cof the South Burlington Land Development Regulations,
PUDs in the 10 Zoning District shall comply with the following standards and conditions:
Open space and development areas shall be located so as to maximize the
aesthetic values of the property in keeping with the Comprehensive Plan goal of
preserving and enhancing the open character, natural areas, and scenic views of
the Quadrant, while allowing carefully planned development.
This requirement is being met.
Open space and any buffering shall be located in a manner that minimizes
impacts on adjacent residential uses, if any.
This requirement is being met.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall
require site plan approval. Section 14.06 establishes the following general review standards
for all site plan applications:
M
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 site has been planned to accomplish a desirable transition from structure to site, from
structure to structure. In addition, the site is planned to provide for adequate planting.
According to Table 13-1 in Section 13.01(B) of the Land Development Regulations, a day
care facility requires 1 parking space per employee, plus 0.1 parking space per licensed
enrolment capacity. Thus, a daycare facility with 8 employees and a 40 person enrollment
capacity would require twelve (12) parking spaces. According to Table 13-1 in Section
13.01(B) of the Land Development Regulations, a general office requires 3.5 parking
spaces per 1,000 square feet of GFA. Thus, a 2,142 square foot general office would
require eight (8) parking spaces. The plans depict fourteen (14) parking spaces, so both
uses have adequate parking to accommodate them.
The proposed parking spaces meet the dimensional requirements in Table 13-8 of the
Land Development Regulations.
Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for
employees, residents, and visitors to the site. A bicycle rack is proposed in the parking lot to
the east of the building.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Parking is proposed to the rear of the building, thus this requirement is met
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 subject building is currently in existence, so this requirement is not applicable.
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 electric, telephone, outdoor lighting, and cable distribution systems 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.
The subject building is currently in existence, so this requirement is not applicable.
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.
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The subject building is currently in existence, so this requirement is not applicable.
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 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 applicant has a shared access with the property to the north and owns the property to
the south, so no additional access easements are necessary for the subject 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.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new electric, telephone, outdoor lighting, and cable distribution systems 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 applicant is not proposing any dumpsters on the subject property.
Landscaping and Screening Requirements
The plans that the applicant submitted depict all of the existing and proposed landscaping
on the subject property to be preserved. Pursuant to Section 13.06(G) of the Land
Development Regulations, the proposed project will require a minimum of $600 of
landscaping. The application states that $1,050 of landscaping will be provided. An
adequate landscaping budget has been submitted.
The subject property has some existing trees which are not depicted on the plans. This
includes two (2) Maple trees along the northerly boundary line.
Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage area
must be specified and located in an area that will minimize the potential for run-off. The
plans depict snow storage areas along the southern and eastern boundaries of the
proposed parking area.
Pursuant to Section 13.06(C)(1) of the South Burlington Land Development Regulations,
any utility cabinets on the site shall be effectively screened to the approval of the
Development Review Board. The applicant is not proposing any utility cabinets.
Other
The property owner to the north is concerned about the applicant's proposed grading
plan, which will direct the property's stormwater onto his property. The property owner
to the north is not favor of this. The City Engineer should review the grading plan prior to
recording the final plat plans.
DECISION p
Motion by AJ LE Qu ! M6 , seconded by
to approve Preliminary Plat Applic tion #SD-04-77 and Final Plat Applicati n #SD-04-78
of A & M Construction Corporation, 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 plans submitted by the applicant, as
amended by this decision, and on file in the South Burlington Department of Planning
and Zoning.
3) The plat plans shall be revised to show the following changes and shall require
approval from the Administrative Officer. Four (4) copies of the approved revised
plat plans shall be submitted to the Administrative Officer prior to recording:
a) The plans shall be revised to depict the 50' wide wetland buffer.
b) The plans shall be revised to depict all existing landscaping on the subject
property, including the two (2) Maple trees along the northerly boundary line
which shall remain.
4) 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.
5) For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the proposed daycare use
will generate 33.09 additional vehicle trip ends during the P.M. peak hour and the
proposed general office will generate 2.19 additional vehicle trip ends during the P.M.
peak hour.
6) The applicant shall comply with any requests of the Fire Chief, prior to recording the
final plat plans.
7) The final plat plans shall be reviewed by the City Engineer to be certain that drainage
from this property does not flow north to the adjacent property and the applicant shall
comply with any requests of the City Engineer, prior to recording the final plat plans.
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8) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new electric, telephone, outdoor lighting, and cable distribution systems shall be
underground.
9) The applicant shall submit exterior lighting details (cut -sheets) for the proposed lighting
fixtures that comply with Appendix D of the Land Development Regulations prior to
permit issuance. All existing floodlights shall be replaced with approved fixtures.
10) The applicant shall post a landscape bond for $1,050, prior to the issuance of the
zoning permit. This bond shall remain in effect for three (3) years to assure that the
landscaping has taken root and has a good chance of surviving.
11) Prior to recording the final plat plans, the applicant shall submit legal documents (i.e.
irrevocable offer of dedication, easement deed, etc.) for the recreation path
easement to be approved by the City Attorney and recorded in the land records.
These legal documents shall also include a Certificate of Title pursuant to Section
15.17 of the Land Development Regulations.
12) Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
13) The final plat plans (survey plat, sheet 1, and sheet 1A) shall be recorded in the land
records within 90 days or this approval is null and void. The plans shall be signed by
the Board Chair or Clerk prior to recording. Prior to recording the final plat plans, the
applicants shall submit a copy of the survey plat in digital format. The format of the
digital information shall require approval of the Director of Planning and Zoning.
Chuck Bolton — yea/nay/abstain not pr
Mark Boucher — yea/nay/abstai no present
John Dinklage a ay/abstain/not present
Roger Farley — ea ay/abstain/not present
Michele Kupersmith — ea ay/abstain/not present
Larry Kupferman a nay/abstain/not present
Gayle Quimby — ea nay/abstain/not present
Motion carried by a vote of
Signed this day of January, 2005 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).
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