Loading...
HomeMy WebLinkAboutSD-06-07 - Decision - 0150 Allen Road#SD-06-07 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ALLEN ROAD LAND COMPANY - PLANNED UNIT DEVELOPMENT 150 ALLEN ROAD PRELIMINARY PLAT #SD-06-07 FINDINGS OF FACT AND DECISION Allen Road Land Company, hereafter referred to as the applicant, is seeking 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 public hearings on March 21, 2006 and April 4, 2006. 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 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 sketch plan hearings for this application were held on August 2, 2005 and September 5, 2005. 3. The owner of record of the subject property is Allen Road Land Company. 4. The subject property is located in the Residential 2 (R2) Zoning District. 5. The plans submitted with this application consist of a ten (10) page set of plans, page one (1) entitled, "Irish Farm Farm Stand Condominiums South Burlington Vermont", prepared by Llewellyn -Howley, Inc., dated 11/14/05, last revised on 1 /25/06. - 1 - #SD-06-07 Zonin_g 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% 9.58% Max. Total Coverage 40% 23.97% Min. Front Setback 50 ft. 100 ft. Min. Side Setback 5 ft. 30 ft Min. Rear Setback 5 ft. 5 ft. 4 Max. Building Height 35-40 ft.* 4754" and 49'7" Zoning compliance Max building height is 35 ft for flat roof; 40 ft for pitched roof. 4 Waiver required The Development Review Board heard the sketch plan review and voiced general approval for the height waiver of 7'4" requested at that time. The applicant is now asking for a height waiver of 7'4" for Building B and 97' for Building A. The height waiver for both buildings is supported, 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. 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 (SBWD) has reviewed the plans for both this new proposal and the existing portions of the PUD. They have issued two sets of comments, dated February 27, 2006 and February 23, 2006 respectively. The SBWD has some significant concerns with the existing and proposed water lines on the PUD. Future plans regarding this PUD shall be forwarded to the SBWD and the applicant should meet with full approval of the SBWD prior to final plat approval. -2- #SD-06-07 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. 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. As part of sketch plan review, the applicant was instructed to include a grading and erosion control plan as part of preliminary plat submission. The applicant has not submitted such a plan. 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 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-06-07 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 be 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 should review these plans and provide comments before final 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. The City Engineer reviewed the plans for the proposed project and provided comments in a memorandum dated March 9, 2006. The City Engineer shall continue to review the plans and provide comments. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. As part of sketch plan review, the applicant was instructed to include a lighting point by point plan as part of preliminary plat submission. The applicant has not submitted such a 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 a 6' paved bike path. The existing recreation path on Allen Road is 8'. The Recreation Path generally recommends 8' pavement width to continue the existing recreation path in a consistent manner. The applicant should revise the plans to reflect 8' of pavement width for the recreation path, or other width as recommended by the Recreation Path Committee. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). -4- J #SD-06-07 The proposed project is consistent with the South Burlington Comprehensive Plan. 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 also 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 124 parking spaces are shown on the plan; this is a shortfall of 13 spaces, or 11.43 %. The applicant has requested a parking waiver of 18.6% to allow for changes in the parking layout to accommodate interior lot landscaping. 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 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 four (4) are shown on the plans. 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 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. 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. In addition, a "Notice of Conditions" shall be recorded in the land records with approval of the City Attorney prior to permit issuance. -5- #SD-06-07 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. As this property is located on an arterial city road, staff strongly urges compliance with this criterion. The City feels strongly that parking lots not front public roads. Allen Road is a heavily traveled road and thus the compliance of this project with this criterion is particularly essential. However, the Development Review Board at 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 has proposed a 4 foot solid vinyl fence. The applicant should submit details of this fence as part of the final plat application. 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 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 7'4" requested at that time. The applicant is now asking for a height waiver of 7'4" 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. 1.11 1. • I DIN 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. Again, the applicant has submitted building elevation plans of the proposed project. These are in compliance with this criterion. The applicant should submit elevation plans of the sides of the building. 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 three sides of the dumpster. The dumpsters shall be screened on all four sides. Landscaping and Screening Requirements The applicant has submitted a landscaping plan and acknowledges that the landscaping budget shall meet a minimum of $61,950. The City Arborist shall review the landscaping plan prior to final plat approval. The applicant shall submit an itemized plant list detailing the plant costs and final proposed landscaping budget. Pursuant to Section 13.06(B)(4) of the South Burlington Land Development Regulations, the plans should show the location of snow storage areas. The proposed location of the 7- J #SD-06-07 snow storage area to the east, near the existing farm stand, is problematic. It is shown at the same location as a proposed 2-3' berm. Snow storage areas should not interfere with proposed landscaping features. 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. The chart included on the landscaping plan seems to reflect this, but staff does not feel that the areas shown are reflective of this criterion. The interior of the parking lots are extremely bare. Some of the planted islands proposed by the applicant are not what staff considers the interior of the parking lot. Staff does not feel that the plans submitted are achieving the goals set forth by the South Burlington Land Development Regulations in Section 13.06(B). p// DECISION Motion by I/��AI�K �� i�� ,seconded by to approve Preliminary Plat Application #SD-06-07 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) The plans shall be revised to show the changes below prior to final plat submittal: a) The plans shall be revised to reflect the comments of the South Burlington Water Department, as outlined in two (2) letters dated February 23, 2006 and February 27, 2006 . b) The plans shall be revised to comply with the requests of the City Engineer as outlined in his memorandum dated March 9, 2006. c) The plans shall be revised to depict all proposed exterior lighting. Specifically, a point -by -point plan showing all lighting emissions shall be submitted. d) The plans shall be revised to reflect 8 feet of paved recreation path, or other width as recommended by the Recreation Path Committee. e) The plans shall be revised to include a minimum of five (5) handicapped -accessible spaces. f) The plans should be revised to clearly depict dumpsters, adequately screened on all four (4) sites. g) The plans shall be revised to remove the snow storage area from the berm and find an alternative location. h) The plans shall be revised to adequately depict 10% of the interior of the parking I M. f #SD-06-07 lot with landscaped islands, in compliance with Section 13.06(B) of the South Burlington Land Development Regulations. i) The plans shall be revised to show the building elevations for the sides of the buildings. j) Note #4 on sheet 2 of 7 shall be eliminated. 3) The applicant shall adhere to the specifications of the South Burlington Water Department as outlined in two (2) letters from Jay Nadeau dated February 23, 2006 and February 27, 2006. 4) The applicant shall adhere to the requests of the City Engineer as outlined in his memorandum dated March 9, 2006. 5) The Board grants a height waiver of 9' 7' for building "A" for a maximum height of 49' 7" and a height waiver of 7' 4" for building "B" for a maximum height waiver of 47' 4". 6) The applicant shshall obtain preliminary wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hinds, prior to submittal of the final plat application. 7) The applicant shall submit an erosion control plan with the final plat submittal. 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. 8) 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) and submit the Heindel & Noyes report with the submittal of final plat. 9) The plans should be reviewed by the South Burlington Fire Department, who shall provide comments, prior to approval of the final plat application. 10) The City Arborist should review and provide comments on the landscape plans, prior to final approval. 11) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 12) The Development Review Board approves a parking waiver of 18.6% for a total of 114 spaces. 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, and shall record a "Notice of Conditions" prohibiting recreational vehicles on the property, which has been approved by the City Attorney, prior to the issuance of a zoning permit for either of the multi -family buildings. #SD-06-07 14) The applicant shall submit details of the proposed vinyl fence as part of the final plat application. 15) The applicant shall submit a detailed landscaping budget in accordance with Sections 13.06(F) and 13.06(G) of the Land Development Regulations, as part of the submittal of the final plat application. 16) The applicant shall submit addresses based on E-911 addressing standards with the final plat application. 17) The applicant shall provide a legal agreement from the property owner to the west granting approval for the stormwater pipe on their property with the final plat submittal. 18) The final plat plan submission must be within twelve (12) months from the date of this decision. Mark Behr —onay/abstain/not presen Matthew Birmingham — yea/nay/abstai no=pres:en> Chuck Bolton — e ay/abstain/not present John Dinklage — e ay/abstain/not present Roger Farley — e ay/abstain/not present Larry Kupferman — nay/abstain/not present Gayle Quimby — yea/nay/abstai o presen Motion carried by a vote of S - v - o Signed this _ day of T� 2006, by John Dinkyage, 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). -10-