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HomeMy WebLinkAboutSD-16-07 - Decision - 1075 Hinesburg Road#SD-16-07 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RYE ASSOCIATES, LLC-1075 HINESBURG ROAD PRELIMINARY & FINAL PLAT APPLICATION #SD-16-07 FINDINGS OF FACT AND DECISION Preliminary and final plat application #SD-16-07 of Rye Associates, LLC to amend a previously approved planned unit development consisting of 36 single family dwellings, four 4-unit multi -family dwellings, and a 5,100 sq. ft. general office building. The amendment consists of: 1) resubdividing lots 2 - 5 into three (3) lots, 2) replacing granite posts with boulders to demarcate the neighborhood park, 3) reviewing the site plan of a new 4,726 sq. ft. general office building, and 4) revising landscaping for the general office building on lot 1, 1075 Hinesburg Road. The Development.Review Board held public hearings on May 3, 2016 and May 17, 2016. The applicant was represented by David Marshall. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT The applicant, Rye Associates, LLC, seeks preliminary and final plat approval to amend a previously approved planned unit development consisting of 36 single family dwellings, four 4-unit multi -family dwellings, and a 5,100 sq. ft. general office building. The amendment consists of: 1) resubdividing lots 2 - 5 into three (3) lots, 2) replacing granite posts with boulders to demarcate the neighborhood park, 3) reviewing the site plan of a new 4,726 sq. ft. general office building, and 4) revising landscaping for the general office building on lot 1, 1075 Hinesburg Road. 2. The owner of record of the subject property is Rye Associates, LLC. 3. The subject property is located in the Southeast Quadrant Village Commercial and Southeast Quadrant Neighborhood Residential Zoning Districts. 4.- The application was received on March 10, 2016 and updated April 26, April 28, and May 6, 2016. 5. The plan submitted consists of 24 pages with the first page labeled "Boundary Line Adjustment of Commercial Lots 2-5 Rye Meadow P.U.D. 1075 Hinesburg Rd. South Burlington, VT" and dated February 24, 2016, received April 26, 2016, and prepared by Civil Engineering Associates, Inc. Planned Unit Development Standards A. Lot Configuration #SD-16-07 In final plat application #SD-14-15 thirty lots were permitted, including Lot 2 through Lot 5 on the commercially zoned portion of the property (SEQ-VC), with the use of 31 Transfer of Development Rights. Lots 2-5 are proposed to be reduced to three lots (Lots 2-4). Lot # Previously Approved Proposed Change in Size 2 0,43 acres 0.57 acres 0.14 acres 3 0.60 acres 0.58 acres -0.02 acres 4 0.42 acres 0.97 acres 0.55 acres 5 0.67 acres Eliminated Eliminated The only lot which is decreasing in size is Lot 3, which is losing 0.02 acres. This represents a 3.3% decrease in the size of the lot from what was previously approved. It should be noted that in preliminary plat application #SD-13-22 and final plat application #SD-14-15 Lots 1-2 and Lot 4-5 were granted waivers to permit 54% lot coverage and 21% building coverage and Lot 3 was granted a waiver to permit 63% lot coverage and 26% building coverage. B. Access, Street Configuration, and Parking One parking space on Lot 1 is proposed to be removed to make room for a turnaround and an additional 10 spaces (occurring primarily on Lot 2 but with some portion on Lot 1) will be added that will serve the existing building on commercial Lot 1 and the proposed building on commercial Lot 2. The proposed building on commercial Lot 2 will be accessed through a new curb cut on the south side of the building that will provide access to a new parking lot that will have 11 spaces initially and an additional 10 reserved (to be built in the future) for the as -yet -not proposed building on commercial Lot 3. Those additional spaces will occur on Lot 3 and be accessed through the curb cut on the south side of Lot 2. Section 9.10(D)(4) requires three off-street parking spaces for every 1,000 square feet of non-residential use and the DRB may allow on -street parking within 500 lineal feet to count towards the requirement. The applicant has provided the following table to explain their parking allotments for commercial Lots 1-3: Lot Bldg. SF (one story) Req'd Parking Off-street Parking Individual Lot Review 1 5,100 15 13 2 4,726 14 21 3 10 Consolidated Review 1 & 2 9,826 29 34 3 10 In a phone call on May 9, 2016 the applicant told staff the turnaround spots (two are shown on the plans) would be clearly marked with striping and signage to prevent people from parking in those areas. Section 14.06(B) (2) (d) states that parking "shall be located to the side of the building(s) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic." The parking areas on commercial Lot 1 and commercial Lot 2 are both to the side of the buildings. The Board considers this criterion to be met. E?i► ID € A Section 13.06(B) of the Land Development Regulations require one major deciduous shade tree located within or near the parking perimeter for every five parking spaces and trees must have a- caliper of 2 %z inches or more. Plans indicate the required number of trees will be planted and they will be of the correct caliber. The City Arborist told staff in an email dated May 11, 2016 that he had no concerns with the proposed landscaping. C. Wetlands Impact There are no changes to wetlands impacts from the previously permitted final plat application #tSD-14-15. D. Parks and Open Space Planning According to Section 13.06(B) (6) of the LDRs, plans are required to show where snow will be stored. The plans indicate snow storage areas adjacent to both parking areas. The applicant has indicated the construction cost for the building on commercial Lot 1 has been reduced from initial estimates to $666,979. This results in a minimum landscaping budget requirement of $14,170, which is illustrated in the table below. Total Building Construction or Improvement Cost % of Total Construction/improvement Cost Cost Up to $250,000 3% $7,500 Next $250,000 2% $5,000 Remainder over $500,000 ($166,979) 1% $1,670 Total: $14,170 The applicant has requested to amend the previously approved landscaping budget from $16,784 to $14,254.01. The Board considers the landscaping budget and planting plan to be sufficient for the site. The applicant has indicated the proposed building on commercial Lot 2 will cost $596,650. This results in a minimum landscaping budget requirement of $13,466.50. The applicant has proposed a budget of $13,480.05. The Board considers the landscaping budget and planting plan to be sufficient for the site. Total Building Construction or Improvement Cost % of Total Construction/Improvement Cost Cost Up to $250,000 3% $7,500 Next $250,000 2% $5,000 Remainder over $500,000 ($96,650) 1% _ $966.50 Total: $13,466.50 The applicant has requested to amend the previously approved plan to allow for the use of boulders with average diameters "of three (3) feet" to demarcate the perimeter of the neighborhood park according to a cover letter dated April 22, 2016. This would be instead of granite posts (6"-10" in diameter, 30" tall). #SD-16-07 E. Building Orientation and Design Section 9.10 (D) Design Standards for Non -Residential Land Uses in the SEQ-VC Sub -District 1. Building Orientation. Non-residential buildings must be oriented to the principal public street on which the building has a faVade. Primary building entries must be oriented to and open onto a sidewalk or other public walkway providing access from the public street. Secondary building entries may open onto parking areas. 2. Building Facades a. Building facades should be varied and articulated for pedestrian interest. b. Street level windows and numerous shop entries are encouraged along the sidewalk. Blank or solid walls (without glazing) should not exceed thirty feet (30') in length at the street level. c. Building entries should be emphasized with special architectural treatment. d. All buildings should have a well-defined 'base' with richer detail in the pedestrian's immediate view (i.e., textured materials, recessed entries, awnings, fenestration patterns) and a recognizable 'top' consisting of elements such as cornice treatments, roof overhangs with brackets, textured materials, stepped parapets. e. Buildings should have hipped or gabled roofs or flat roofs with an articulated parapet. Mansard style roofs are discouraged. f. Buildings in the SEQ-VC should employ "four-sided" design principles intended to ensure a high visual quality from any publicly -used vantage point. The Board has previously indicated that buildings in this SEQ-VC area should be oriented toward Rye Circle. The Board considers that the proposed building for commercial Lot 2 complies with the design standards above, for the following reasons. Windows are numerous and no "blank walls" are shown. The building includes doors facing to the south, west (Rye Circle), and north. The building's roofs comply with the standards. The building employs a "four-sided" design principle and incorporates varied architectural features throughout. F. Waste Disposal Section 14.07 C. All dumps ters and other facilities to handle solid waste, including compliance with any recycling, composting, or other requirements, shalt be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). A dumpster is proposed at the eastern end of the parking area on the south side of commercial Lot 2. It will be located on a concrete pad, be accessed via hinged doors, and enclosed with screen board or another similar material. Space for compostable material will be included within the enclosure, #SD-16-07 G. Lighting Section 13.07 of the Land Development Regulations discusses exterior lighting and states that: A. General Requirements. All exterior lighting for all uses in all districts except for one family and two-family uses shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or street. Light fixtures that are generally acceptable are illustrated in Appendix D. "Source of light" shall be deemed to include any transparent or translucent lighting that is an integral part of the lighting fixture(s). Site illumination for uncovered areas shall be evenly distributed. Where feasible, energy efficient lighting is encouraged. B. Specific Requirements for Parking Areas. Light sources shall comply with the following: .1) The number and spacing of required light pole standards in a parking area or lot shall be determined based on the type of fixture, height of pole, number of fixtures on the pole, and the desired lighting level. Unless the applicant can demonstrate a reasonable alternative, lighting shall be considered evenly distributed if the light fixtures are placed at intervals that equal four times the mounting height. 2) Pole placement, mounting height, and fixture design shall serve to minimize lighting from becoming a nuisance. All light sources shall be arranged so as to reflect away from adjacent properties. All light sources shall be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent streets. 3) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish. 4) Poles in pedestrian areas shall not be greater than 30 feet in height and shall utilize underground wiring. 5) Poles in all other areas shall not exceed thirty (30) feet in height, and shall utilize underground wiring. There is one pole light on the north side of the proposed building on commercial Lot 2 and one on the south side. These light the parking areas. Poles are shown to be 16 feet and 20 feet tall and to have forward throw fixtures. Components are made of aluminum. 6) Light sources on structures shall not exceed thirty (30) feet, or the height of the structure, whichever is less. Exterior lighting for parking garages and structures shall be mounted no higher than the roof of the structure. The proposed building on Lot 2 will have two (2) cone shade LED gooseneck lights mounted to the building on the northern elevation, three (3) mounted on the eastern elevation, and one (1) mounted on the southern elevation. There will be three (3) recessed LED lights mounted on the ceilings of the entry canopy at the northern elevation, two (2) on the southern elevation, and one (1) on the western #SD-16-07 elevation. The western side of the property is,closest to residential uses and the Board therefore finds it reasonable that less lighting would be provided on that side of the building. All of these fixtures will be mounted at less than 30 feet in height. The Board finds this criterion to be met. H. Stormwater Comments In an email to staff dated April 29, 2016 Assistant Stormwater Superintendent Dave Wheeler stated the following: On the Typical Bioswale Detail shown on Sheet C4.2, it appears that the applicant is proposing a stone lined swale. If that is the case, it is unclear why 12' of Planting Mix is proposed under the stone. Consider either removing the compost component, or adding plantings to the Swale. Thank you for the opportunity to comment. ff# 1. Fire in an email to staff dated April 28, 2016 Deputy Chief Terry Francis stated "applicant shall ensure adequate fire department access pursuant to NFPA 1." J. Energy Standards The Board notes that all new buildings are subject to the Stretch Energy Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. K. Utility Cabinets/HVAC Units The plans show existing and ,proposed utility cabinets and/or ground mounted HVAC units. Two (2) units are shown on the west side of the building on commercial Lot 1, three (3) units are shown in the northwest corner of Lot 1, and four (4) units are shown on the east side of the proposed building on commercial Lot 2. According to a site visit by Public Works' staff, the utility cabinets shown in the northwest corner of Lot 1 could be within the street right-of-way on South Burlington city property when the street is accepted by the city. In previous reviews and approvals of this project the location of the utility cabinets and that their location did not meet setback requirements was not noticed by staff, the applicant, or Board members. This may in part have been due to the cabinets not being labeled on plans. A site visit by Public Works in May 2016 determined the utility cabinets located in the northwest corner of commercial Lot 1 were not a hazard. Per Section 13.18(B) (4) of the LDRs any such utility cabinets and/or HVAC units would be required to be screened with evergreens. The applicant shows plantings around the units which would provide screening and are evergreens. The Board considers this criteria met. DECISION Motion by John Wilking, seconded by Mark Behr, to approve preliminary & final plat application #SD-16- 07 of Rye Associates, LLC subject to the following conditions: 4SD-16-07 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. The plat must be revised to show the changes below and will require approval of the Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative Officer prior to permit issuance. a. The survey plat must be revised to include the signature and seal of the land surveyor. b. Plans must show three (3) foot diameter boulders demarcating the perimeter of the neighborhood park. c. Plans must show the E-911 numbering for commercial Lot 1 as 27 Rye Circle and for commercial Lot 2 must be 41 Rye Circle. d. Plans must show and label any HVAC and utility cabinets. e. Plans must show turnaround spots in the parking areas which are labeled for that purpose, shown as striped, and indicating those spots will have signs prohibiting parking. f. Plans must show evergreen shrub or tree screening around HVAC and utility cabinets. g. Per the comments of the Assistant Stormwater Superintendent, plans must show either removal of the composting component in the Typical Bioswale Detail shown on Sheet C4.2 or the addition of plantings to the Swale. 4. The applicant must receive final water and wastewater allocation prior to issuance of a zoning permit for building on Lot 2. 5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 6. Prior to issuance of a zoning permit for the site modifications and building on Lot 2, the applicant must submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 7. The mylars must be recorded prior to permit issuance. 8. Prior to permit issuance for building on Lot 2, the applicant must post a $13,466.50 landscaping bond. This bond must remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 9. The applicant will be responsible to regularly maintain all stormwater treatment and conveyance structures on -site. 10. The applicant must obtain a zoning permit within six (6) months for the site modifications and to construct the building on Lot 2 pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 11. All exterior lighting must be installed or shielded in such a manner as to conceal light sources #ISD-16-07 and reflector surfaces from view beyond the perimeter of the area to be illuminated. 12. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the structures. 13. Any change to the final plat will require approval by the South Burlington Development Review Board. 14. The final plat plans (Boundary Line Adjustment of Commercial Lots 2-5 Rye Meadow P.U.D. (BLA 1) and Phase 1 Proposed Conditions Site Plan (C1.0)) must be recorded in the land records within 180 days or this approval is null and void. The plan must be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant must submit a copy of the survey plat in digital format. The format of the digital information will require approval of the South Burlington GIS Coordinator. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 5— 0 — 0. Signed this 81h day of June Bill Miller, Vice -Chair 2016, by Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 57S Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary,org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.