HomeMy WebLinkAboutSD-07-17 - Decision - 0150 Allen Road#SD-07-17
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
ALLEN ROAD LAND COMPANY, INC - PLANNED UNIT
DEVELOPMENT
150 ALLEN ROAD
FINAL PLAT APPLICATION #SD-07-17
FINDINGS OF FACT AND DECISION
Allen Road Land Company, hereafter referred to as the applicant, is seeking re -approval
to amend a previously approved 44 unit Planned Unit Development. The amendment
consists of: 1) enlarging the PUD by 5.5 acres, and 2) constructing two (2) 31 unit multi-
family dwellings on the 5.5 acres, 150 Allen Road. The Development Review Board held
a public hearing on Tuesday, April 10, 2007. Lance Llewellyn 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 seeking re -approval to amend a previously approved 44 unit
Planned Unit Development. The amendment consists of: 1) enlarging the PUD
by 5.5 acres, and 2) constructing two (2) 31 unit multi -family dwellings on the 5.5
acres, 150 Allen Road.
2. The final plat application was approved on September 5, 2006. However, the
applicant has since missed the statutory six month deadline for recording the
mylar and is seeking re -approval from the Development Review Board.
3. The proposed development plans have not changed since the September, 2006
approval.
4. The owner of record of the subject property is Allen Road Land Company.
5. The subject property is located in the Residential 2 (R2) Zoning District.
6. The plans submitted consist of a 14 page set of plans, page one (1) entitled,
"Farm Stand Condominiums South Burlington Vermont Area Site Plan", prepared
by Llewellyn -Howley, Inc. dated 11/14/05, last revised on 8/10/06.
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Zoning District & Dimensional Requirements
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
40%
25.5%
Min. Front Setback
50 ft.
100 ft.
Min. Side Setback
5 ft.
30 ft
4 Min. Rear Setback
3011.
5 ft.
4 Max. Buildin Hei t
35-40 ft.*
47'4" and 497'
�I Zoning compliance
Max building height is 35 ft for flat roof; 40 ft for pitched roof.
+ Waiver required
Pursuant to Section 15.02(A)(3) of the South Burlington Land Development Regulations, in
no case shall the DRB permit the location of a new structure less than five (5) feet from any
property boundary. The applicant is requesting a rear setback waiver to allow the building
to be five feet from the rear property line. The Board approved this waiver at the original
preliminary hearing given that the rear lot is still considered part of the overall PUD.
The applicant is asking for a height waiver of 7'4" for Building B and 97' for Building A. The
Board supports the height waiver for both buildings, as they are similar in height to
surrounding buildings, are located at a significant distance from the existing homes in the
PUD, and are at a lower elevation than the existing homes in the PUD. The Development
Review Board discussed the height waivers at the original preliminary plat and final plat
reviews and approved of them then.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, 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 South Burlington Water Department has reviewed the plans for both this new proposal
and the existing portions of the PUD. They have issued comments, dated August 8, 2006.
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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 has obtained preliminary wastewater allocation
from the City.
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 applicant has submitted a grading and erosion control plan that is in compliance with
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 the lot is proposed by a curb cut off of Allen Road, one shared drive accessing
the two buildings. The proposed width of the drive is 24 feet. This is sufficient.
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.
There are Class 3 wetlands shown on the north side of the property. The applicant is not
proposing any development that would infringe upon the wetland or wetland buffer.
The subject property falls within the Bartlett Brook Overlay District. As such, Section 12.03
(C) (2) 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 who has issued a summary regarding the
hydrologic evaluation of the project. The consultant has noted that the project meets the
requirements for the Bartlett Brook stormwater zoning overlay and recommends that the
City approve the stormwater aspects of this project.
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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.
The purpose of the R2 District is to encourage moderate -density residential development,
serving as a transition area between higher density residential districts and low -density
districts. This project conforms to the planned development patterns in the area and the
stated purpose of the R2 Zoning District.
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 plans show a sufficient amount of contiguous open spaces on the property. This open
space is immediately adjacent to the land reserved for a future park.
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 applicant has stated that there will a twenty foot wide Grasspave lane extending half
way around the backside of each building which will allow the ladder truck access to three
sides of each building. The Fire Chief has reviewed the plans and provided comments in a
letter dated August 11, 2006.
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 City Engineer reviewed the plans for the proposed project and provided comments in a
memorandum dated July 27, 2006. The applicant has had the opportunity to review these
comments and has already made the necessary changes.
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 has included a sufficient lighting point by point plan.
The applicant has submitted cut sheets of the lighting. They are in compliance with Section
13.07 of the South Burlington Land Development Regulations.
The applicant is proposing to continue the existing bike path along Allen Road with an 8'
paved bike path which is harmonious with the existing recreation path on Allen Road of 8'.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed project is consistent with the South Burlington Comprehensive Plan.
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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 Board feels the proposed project accomplishes a desirable transition from structure to
site and from structure to structure. The Board also feels 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. The Board
approves this waiver.
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 Board finds the dimensions of the parking spaces and aisles to be 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 South Burlington Land Development Regulations 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.
The applicant has stated that recreational vehicles will be prohibited from the site. The
applicant should submit 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 proposed 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.
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Allen Road is a heavily traveled road and thus the compliance of this project with this
criterion is particularly essential. The Development Review Board at the original sketch plan
review stated that they would be in favor of parking to the front of the building with an
appropriate fence or berm. The applicant's engineer stated at the April 10, 2007 meeting
that it was not practical to have the parking for building "B" relocated to either the front or
side of the building. The Board therefore found that placing the parking for building "B" on
the side or rear of the building to be impractical. The applicant has proposed a four (4) foot
solid vinyl fence to screen the parking area from Allen Road. Details of this fence have
been submitted.
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 474". 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 may waive the requirements of this
section as long as the general objectives of applicable zoning district are met.
The Board supports the applicant's request for a height waiver. Section 3.07(F) of the
South Burlington Land Development Regulations states that a height waiver is warranted if
the applicant demonstrates that the "proposed building will not detract from important public
scenic views from adjacent public roadways." The proposed building is below the tree line
and quite clearly does not obstruct any important public scenic view from an adjacent public
roadway.
The Development Review Board heard the sketch plan review and voiced general approval
for the height waiver of 74" requested at that time. The applicant is now asking for a height
waiver of 74" for Building B and 97' for Building A.
A request for approval of a taller structure shall include the submittal of a plan(s) 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
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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.
Again, the applicant has submitted building elevation plans of the proposed 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, it is not 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.
It has already been noted that, 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 $53,400. The
applicant has submitted a landscaping budget of $53,408, which meets the minimum
requirement. The City Arborist has reviewed the plans and provided comments in a memo
dated August 10, 2006.
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.
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DECISION
Motion by Gavle Quimby, seconded by Roger Farley, to approve Final Plat Application
#SD-07-17 of Allen Road Land Company, 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 and shall require approval of
the Administrative Officer. Three (3) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to permit issuance.
a) The plans shall be revised to comply with the requests of the City Arborist as
outlined in a memo dated August 10, 2006
b) The plans shall be revised to comply with the requests of the South Burlington
Fire Department as outlined in a letter from the Chief dated August 11, 2006.
c) The plans shall be revised to comply with the requests of the City Engineer as
outlined in his memorandum dated July 27, 2006.
4) The applicant shall adhere to the comments of the City Arborist as per the memo
dated August 10, 2006.
5) The applicant shall adhere to the specifications of the South Burlington Water
Department as per the letter dated August 8, 2006
6) The applicant shall adhere to the comments of the Fire Chief, as outlined in his letter
dated August 11, 2006.
7) The Development Review Board grants a rear setback waiver of twenty five (25) feet to
allow a five (5) foot rear setback.
8) The Development Review Board grants a height waiver of 7'4" for Building B and 97'
for Building A for a maximum height of 52'4" and 547' respectively.
9) The applicant shall obtain final wastewater allocation approval from the Director of
Planning and Zoning, Juli Beth Hinds, prior to issuance of a zoning permit.
10) During construction, the proposed project shall adhere to standards for erosion control
as set forth in Section 16.03 of the South Burlington Land Development Regulations.
11) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
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12) The Development Review Board approves a parking waiver of 18.6% for a total of 114
spaces provided.
13) The applicant shall submit language reflecting the prohibition of recreational vehicles
from the site that will be included as part of the deed, covenant, or other association
bylaws prior to the issuance of a zoning permit for either of the multi -family dwellings.
14) There shall be no parking of recreational vehicles on the premises.
15) The applicant shall provide a copy of a legal agreement from the property owner to the
west granting approval for the stormwater pipe on their property prior to recording the
final plat plans.
16) The applicant shall post a $53,408 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.
17) Any new exterior lighting shall consist of downcasting fixtures. Any change to the
approved lights shall require approval of the Administrative Officer prior to
installation.
18) The bike path shall be constructed to the satisfaction of the Director of Public Works
prior to issuance of a Certificate of Occupancy.
19) The proposed landscaping along the southwestern side of the Irish Cove
Condominiums shall be installed at the earliest stage of the project's construction.
20) The site plan approval portion of this decision shall expire within six (6) months from
the date of this decision unless a zoning permit is issued to construct at least one (1)
of the two (2) buildings.
21) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of each new building.
22) The mylar shall be recorded prior to permit issuance.
23) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
24) The final plat plan (sheet 2 of 8) 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 plat in digital format. The format of the digital information
shall require approval of the Director of Planning and Zoning.
Mark Behr — ye ay/abstain/not present
Matthew Birm gham — yea/nay/abstain not resent
John Dinklage — ea/nay/abstain/ of resent
Roger Farley — a ay/abstain/not present
Eric Knudsen — e nay/abstain/not present
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Peter Plumeau /nay/abstain/not present
Gayle Quimby — e /nay/abstain/not present
Motion carried by a vote of
Signed this �?day of 2007, by
ark 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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