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Home My WebLink AboutSP-09-08 - Decision - 0150 Allen Road#SP-09-08 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ALLEN ROAD LAND CO,150 ALLEN ROAD SITE PLAN APPLICATION #SP-09-08 FINDINGS OF FACT AND DECISION Allen Road Land Co., hereafter referred to as the applicant, is requesting after the fact site plan approval to amend a previously approved plan for a 31 unit multi -family dwelling and a 32 unit multi -family dwelling. The amendment consists of site and building elevation modifications to buildings "A" & "B", 150-152 Allen Road. The Development Review Board held a public hearing on February 17, 2009. Michelle Dufresne 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 after the fact site plan approval to amend a previously approved plan for a 31 unit multi -family dwelling and a 32 unit multi -family dwelling. The amendment consists of site and building elevation modifications to buildings "A" & "B", 150-152 Allen Road. 2. The application was received on January 29, 2009. 4. The owner of record of the subject property is Allen Road Land Company 5. The subject property is located in the R2, Bartlett Brook Overlay Zoning District. 6. The plans submitted consist of a five (5) page set of plans, page one (1) entitled, "Farm Stand Condominiums South Burlington, Vermont Site Plan `A"', prepared by Llewellyn -Howley, Inc., dated July 8, 2005, last revised on January 27, 2009. COMMENTS Zoning District & Dimensional Requirements (No changes are proposed as part of this application) Table 1. Dimensional Requirements R2 Zoning District Required Proposed Min. Lot Size n/a n/a Max. Density 4 units/acre TBD Max. Building Coverage 20% 10.42% Max. Total Coverage 1 40% 1 25.5% 1 I:\Development Review Board\Findings_Decisions\2009\Allen RoadW11enRd_SP0908_ffd.doc #SP-09-08 l I �l Min. Front Setback 50 ft. 100 ft. Min. Side Setback 5 ft. 30 ft + Min. Rear Setback 30ft. 5 ft. 4 Max. Building Height 35-40 V 527' and 50'4" Zoning compliance Max building height is 35 ft for flat roof; 40 ft for pitched roof. + Waiver previously granted 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 140 parking spaces (2 parking spaces per dwelling unit plus 1 parking space for every 4 unit). A total of 114 parking spaces are shown on the plan; this is a shortfall of 26 spaces, or 18.6%. The applicant has stated that, based on his previous experience in residential leasing, this will still sufficiently provide for adequate parking. Furthermore, there is room to expand the parking lots in the future if necessary. As such, the Development Review Board previously approved this waiver. Although the parking layout has been adjusted, there are no changes in the number of spaces. The proposed project will require five (5) handicapped -accessible parking spaces according to Table 13-7 of the South Burlington Land Development Regulations. A total of five (5) are shown on the plans. The dimensions of the parking spaces and aisles are acceptable. Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. The plans depict a bicycle rack for each building. Section 13.01(J) of the SBLDR requires parking or storage facilities for recreational vehicles. The Development Review Board may waive this requirement if the applicant shows that the storage and parking of recreational vehicles shall be prohibited within all private and common areas of the development. 2 I:\Development Review Boa rd\Findings_Decisions\2009\Allen Road\AIIenRd_SP0908_ffd.doc #SP-09-08 r The applicant has stated that recreational vehicles will be prohibited from the site. The applicant previously submitted language reflecting this that will be part of the deed, covenant, or other association bylaws prior to the issuance of a zoning permit. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The project contains two parking lots. For building 'A', parking is located to the side. For building 'B', parking is located to the front of the building. Section 14.06(B)(2) states that parking shall be located to the rear or sides of buildings. As this property is located on an arterial city road, staff previously strongly urged compliance with this criterion as the City feels strongly that parking lots not front public roads, as clearly reflected in the Land Development Regulations and as cited above. However, the Board previously permitted the parking to the front and, as the buildings have been constructed, no changes are now possible. 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 building is 47'4". The maximum height for buildings with peaked roofs in South Burlington is 40'. Pursuant to Section 3.07(F)(2), for structures proposed to exceed the maximum height for structures specified in Section 3.07(D) as part of a planned unit development or master plan, the DRB previously waived these requirements and granted a height waiver. A request for approval of a taller structure shall include the submittal of a plant showing the elevations and architectural design of the structure, pre -construction grade, post - construction grade, and height of the structure. Such plan shall demonstrate that the proposed building will not detract from important public scenic views from adjacent public roadways and other public rights -of -way. The applicant has submitted elevation plans that demonstrate compliance with Section 3.07(F)(2) of the Land Development Regulations. 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 harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. 3 I:\Development Review Board\Findings_Decisions\2009WIlen RoadWllenRd_SP0908_ffd.doc #SP-09-08 ` 1 Again, the applicant has submitted revised building elevation plans of the largely "as -built' project. These are in compliance with this criterion. 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. At this time, the Board does not believe it is necessary to reserve additional land for drives or parking. 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 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. The landscaping plans depict two dumpsters on site. The plans appear to show a fence around all sides of the dumpster. Landscaping and Screening Requirements Based on the building costs, the minimum landscaping budget shall be $63,400. The applicant has submitted a landscaping budget of $64,008, which meets the minimum requirement. The City Arborist has reviewed the plans and provided comments in a memo dated August 10, 2006. He has reviewed the proposed new landscaping around the utility cabinets and has no additional comments. As the parking lots contain more than 28 spaces, at least 10% of the interior of the parking lot shall be landscaped islands planted with trees, shrubs, or other plants. This appears to be met; the applicant has stated that 12% of the interior of the island is landscaped. 4 I:\Development Review Board\Findings_Decisions\2009WIlen RoadWllenRd_SP0908_ffd.doc #SP-09-08 < r' DECISION,, Motion byLt�('�A LE , seconded byMy /✓�R�iIN��"l , to approve Site Plan Applicatio #SP-09-08 of Allen Road Land Co. subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plans submitted by the applicant and on file in the south Burlington Department of Planning and Zoning. 3. 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. 4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of each building. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr —t2/nay/abst In/not present Matthew Birmingh m —knay/abstain/not present John Dinklage — nay/abstain/not present Roger Farley — nay/abstain/not present Eric Knudsen — e nay/abstain/not present Peter Plumeau — e nay/abstain/not present Gayle Quimby — yea/nay/abstain of present Motion carried by a vote of & - O - O Signed this i 7 day of 2009, by John Dink age, 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). 5 I:\Development Review BoardTindings_Decisions\2009\Allen RoadW11enRd_SP0908_ffd.doc