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HomeMy WebLinkAboutSD-17-26 - Decision - 0020 Kimball AvenueI 1 SD-17-26 Findings of Fact and Decision CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ALAN D. PALMER 20 KIMBALL AVENUE FINAL PLAT APPLICATION #SD-17-26 FINDINGS OF FACT AND DECISION Preliminary and final plat application #SD-17-26 of Alan Palmer for a planned unit development to amend a previously approved plan for a 39,375 sq. ft. medical and general office building. The amendment consists of converting 10,444 sq. ft. of general office use to nine (9) two -bedroom dwelling units, and redistributing the uses in the south section of the building such that 11,400 sq. ft. are medical offices and the remaining 17,531 sq. ft. are general office, 20 Kimball Avenue. The Development Review Board held a public hearing on December 5, 2017. Alan Palmer represented himself. 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 project consists of amending the uses of a previously approved plan, 20 Kimball Avenue. 2. The owner of record of the subject property is Alan D. Palmer. 3. The application was received on October 16, 2017. 4. The subject property is located in the Commercial 1— Limited Retail zoning district. 5. The plan submitted consists of a one (1) page set of plans. The Drawing is entitled "Site Plan" prepared by Michael Dugan, Architect, dated October 9, 2017. 6. The applicant previously received sketch plan review by the DRB for the change in use in May 2017 (#SD-17-10). A) Zoning District & Dimensional Requirements Commercial 1-Limited Retail Required; Existing Proposed Min. Lot Size 20,000 sq. ft. non- residential 81,810 sq. ft. No change ✓Max Residential Density 12 per acre 0 4.8 ✓Max. Building Coverage 40% 17% No change ✓Max. Overall Coverage 70% 48.7% 48.6% ✓Min. Front Setback 30 ft. 60 ft. No change ✓Min. Side Setback 10 ft. 67 ft. No change ✓Min. Rear Setback 30 ft. 45 ft. No change ✓Building Height (flat roof) 35 ft. 35 ft. No change ✓Proposed to be in compliance SD-17-26 Findings of Fact and Decision B) Section 12.01C(2) of the South Burlington Land Development Regulations establishes the following general standards for all site plan applications located within ten (10) feet horizontal distance of the centerline of a drainage way. (a) The clearing of trees that are not dead, heavily damaged by ice storms or other natural events, or diseased, and the clearing of any other vegetation other than invasive species, is permitted only in conjunction with DRB approval pursuant to (3) or (4) below. (b) Any areas within a required stream buffer that are not vegetated or that are disturbed during construction shall be seeded with a naturalized mix of grasses rather then standard lawn grass, and shall not be mowed. (c) The creation of new lawn areas within stream buffers is not permitted after the effective date of these regulations. (d) Snow storage areas designated pursuant to site plan or PUD review shall not be located within stream buffers unless the applicant can demonstrate that: (i) There is no reasonable alternative location for snow storage on the some property. (ii) Measures such as infiltration areas have been incorporated into the site plan and/or stormwater treatment system to reduce the potential for erosion and contaminated runoff entering the associated stream as a result of snow melt. (e) The placing or storing of cut or cleared trees and other vegetation within the stream buffer is prohibited. Potash Brook has been culverted to the rear of the property. There is an existing drainage way tributary to Potash Brook located immediately adjacent to the property line, within ten (10) feet of the limits of the project, therefore the requirements of Article 12 apply. The applicant is proposing to replace a portion of the paved parking area with a gravel and landscaped recreation area within the stream buffer. Snow storage is proposed to be located outside of the stream buffer area. The Board finds these criteria met. C) 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: A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. The 2016 Comprehensive Plan identifies the future land use near the intersection of Kennedy Drive and Kimball Road as an area of medium to higher intensity mixed use. The Board finds this criterion met. B. Relationship of Proposed Structures to the Site. (1) 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. No new buildings are proposed. Parking is discussed below. The Board finds this criterion met. (2) Parking: (a) (not applicable) (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve 2of8 PLANNING & ZONING SD-17-26 Findings of Fact and Decision only the minimum necessary to overcome the conditions below. (i.) to (iii.) (not applicable) (iv.)The lot contains one or more existing buildings that are to be re -used and parking needs cannot be accommodated to the rear and sides of the existing building(s). The Project consists of re -assigning uses to an existing building. After construction of the recreation area, 132 parking spaces will remain. The applicant has submitted a shared parking analysis using the methodology described in 13.01E(2). Staff calculated that the shared parking analysis provided is incorrect in that it over -calculates the required number of residential spaces and under -calculates the required number of office spaces. However, using corrected values, the maximum shared parking spaces required is 132, which is equivalent to the number of parking spaces required, therefore the Board finds this criterion met. (3) 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 anticipated adjoining buildings. No new buildings are proposed. The Board finds this criterion met. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. No newly installed exterior utility services are proposed. The Board finds this criterion met. C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (2) 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. No new buildings are proposed. The applicant is proposing to use common sculptural elements at the front of the building and in the recreation area to the rear. The Board finds this criterion met. 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: Access to Abutting Properties. The reservation of land maybe required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The property shares a curb cut with the building at 30 Kimball Avenue and the building at 275 Kennedy Drive, thus limiting curb cuts onto adjacent roads. The Board finds this criterion met. 2. Utility Services. 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. No newly installed exterior utility services are proposed. The Board finds this criterion met. 3 Of PLAWN INC & ZONING SD-17-26 Findings of Fact and Decision 3. Disposal of Wastes. 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). No changes are proposed to the existing dumpster enclosure, which is in compliance with this criterion. The Board finds this criterion met. 4. Landscaping and Screening Requirements. (See Article 13, Section 13.06) Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to planned unit development review. The total cost of the buildings in the portion of the project seeking final plat approval is estimated at $157,000 by the applicant. The minimum landscaping budget for projects with a building construction cost up to $250,000, is 3% of the building construction cost, or $4,710. Due to damage being caused to the building, the applicant has removed an 8-inch cedarfrom the front of the property, the presence of which was included in the prior site plan approval for the property. The applicant has provided a methodology for calculating the value of the 8-inch cedar. Using the methodology provided, staff calculated the replacement value to be $583.96. Combined with the required plantings for the current PUD, the applicant is required to provide $5293.95 in landscaping value. The applicant is proposing $1,844 in plantings. The applicant is requesting that the cost of the hardscape elements of the recreation area and the sculptures to the front of the property be applied to the required landscape value. The applicant has provided a breakdown of the costs of the various hardscape elements. The Board finds that the value of the proposed hardscape can be used to meet the minimum landscaping budget. The City Arborist indicated on November 9, 2017 in an email to staff that there are no comments on the proposed plantings. D) Section 15.18A of the South Burlington Land Development Regulations establishes the following general standards for all subdivisions. (1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. The Applicant has provided preliminary allocation letters for both water and wastewater for the proposed project. The Board finds this criterion met. (2) Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject propertyand adjacent properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. The anticipated area of disturbance associated with the project is limited to approximately 2,600 square feet. The applicant must comply with the minimum standards for erosion control, including stabilization timelines in Section 16.03B and topsoil requirements of Section 16.04A. south"" 4of8 PLANNING Fy ZONING SD-17-26 Findings of Fact and Decision (3) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. The Project does not alter access, circulation or traffic management. See discussion of the shared curb cut related to Site Plan Review Standards above. The Board finds this criterion met. (4) 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. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. The Project abuts a drainage way tributary to Potash Brook. See discussion regarding Article 12 above. The Board finds this criterion met. (5) 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 applicant is not proposing to construct any new building. They have provided a landscaping plan and a rendering of the proposed refurbished front entrance. The Board finds this criterion to be met. (6) 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 Project enhances the open space available on the site by providing a stone recreation area with a pavilion and benches surrounded by trees and shrubs. The rear 15-feet of the area are a pedestrian path easement, and the proposed hardscape and amenities will be located outside of the easement. The Board finds this criterion met. (7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval including, but not be limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. The deputy fire chief reviewed the project and on 06/20/2017 indicated via email that there are no issues pertaining to the exterior of the building or site. The Board finds this criterion met. (8) Roads, recreation paths, storm water 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 properties. There is an existing 15-foot recreation path easement located along the rear of the property. The Project does not create any barriers to use of the recreation path easement. Other elements of the site plan remain unchanged. The Board finds this criterion met. so M-I'din (o PLANNING, & ZONING 5of8 SD-17-26 Findings of Fact and Decision (9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. There are no proposed changes to these elements. The Board finds this criterion met. The applicant obtained preliminary water and wastewater allocation in September, 2017. The project received notice from the South Burlington school district that the proposed project would not create an unreasonable burden on the school system in September 2017. (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). See discussion above under Site Plan Review Standards. (11) The project's design incorporates strategies that minimize site disturbance and integrate structures, landscaping, natural hydrologic functions, and other techniques to generate less runoff from developed land and to infiltrate rainfall into underlying soils and groundwater as close as possible to where it hits the ground. The Project proposes to remove some pavement and replace with a gravel and landscaped area, slightly reducing runoff potential. The Project is currently served by an existing closed drainage system which is tributary to Potash Brook. The Board finds this criterion met. E) Traffic Generation The 2005 approval calculated that the Project would generate 50.04 vehicle trip ends. Using updated values from the 101h Edition ITE Trip Generation Manual, the currently proposed and existing uses would generate 64.64 vehicle trip ends. This results in a net increase of 14.60 vehicle trip ends compared to the prior approval. DECISION Motion by Matt Cota, seconded by John Wilking, to approve Final Plat Application #SD-17-26 of Alan D. Palmer, subject to the following stipulations: 1. All previous approvals and stipulations will remain in full effect except as amended herein. This project must 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 applicant must receive final wastewater and water allocations prior to issuance of a zoning permit. 4. Pursuant to Section 1S.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. The proposed project must 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 must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. SOUthl-) ur 1"I i a � PLANNING & ZONING. 6of8 SD-17-26 Findings of Fact and Decision 6. The applicant must 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. 7. Any changes to the final plat plan will require approval of the South Burlington Development Review Board. 8. The final plat plan (Plat of Survey) 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 South Burlington GIS Coordinator. 9. The mylar must be recorded prior to zoning permit issuance. 10. Prior to issuance of the zoning permit, the applicant shall post a landscaping bond with a value of $4,710. 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. 11. Areas of earth disturbance must have temporary or permanent stabilization within 21 days of initial disturbance. Land shall not be left exposed for greater than 24-hours between October 15 and April 1S. 12. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Board estimates that this change in use will generate 14.6 additional vehicle trip ends during the p.m. peak hour. 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 0 — 0 — 0 Signed this 19 day of December 2017, by Ii� Bill Miller, Chair 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 with the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-951-1740 or https://www.vermontjudiciary.org/environmental for more information on filing requirements, deadlines, fepes and mailing address. PLANNING & ZONING 7of8 SD-17-26 Findings of Fact and Decision The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist. 8Of8 PLANNING & 20NING