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HomeMy WebLinkAboutAgenda 09_Minutes March 19 April 2DEVELOPMENT REVIEW BOARD 19 MARCH 2019 The South Burlington Development Review Board held a regular meeting on Tuesday, 19 March 2019, at 7:00 p.m. in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: B. Miller, Chair; J Smith, F. Kochman, M. Cota, B. Sullivan ALSO PRESENT: D. Hall, Administrative Officer; M. Keene, Development Review Planner; P. Conner, Director of Planning & Zoning; G. Richards, N. Longo, J. Leinwohl, D. Crawford, P. Washburn, R. Brinkerhoff; L. Hammond; J. Messina; C. Montgomery; A. Shields; S. Dopp; B. Bartlett; B. Currier; L. Lackey; J. Leinwohl; C. Gendron; S. Losier; N. Hyman; R. Gonda 1. Directions on emergency evacuation procedures from conference room: Mr. Miller provided directions on emergency evacuation procedures. 2. Additions, deletions, or changes in order of agenda items: Item #7 was moved up to precede #5 as it is to be continued. 3. Comments and questions from the public not related to the Agenda: No issues were raised. 4. Announcements: Mr. Miller noted there would be openings on the DRB in July and invited interested persons to apply at that time. 5. (formerly #7) Master Plan application #MP-18-01 and preliminary plat application #SD- 18-29 of Dorset Meadows Associates, LLC, for a planned unit development on two lots developed with one single family dwelling. The planned unit development is to consist of 95 single family homes, 20 dwelling units in 2-family homes, 35 dwelling units in multi-family homes, one existing single family home, conservation of 15.80 acres on-site and conservation of approximately 56 acres off-site through the purchase of 67.4 Transfer of Development Rights, 1505 Dorset Street: Mr. Sullivan recused himself due to a potential conflict of interest. DEVELOPMENT REVIEW BOARD 19 MARCH 2019 PAGE 2 Mr. Miller noted that the Board has decided to continue the hearing because the appeal of the administrative officer’s opinion has been denied and there has been a recent Court decision regarding TDRs. The Board anticipates more information will be known about how those two matters will affect the project by the date of the continued hearing. Mr. Cota assured members of the public that would have a chance to voice their opinions when the application is next heard. Mr. Cota moved to continue SD-18-29 until 16 April 2019. Mr. Kochman seconded. Motion passed 5-0. Mr. Cota then moved to continue Master Plan MP-18-01 until 16 April 2019. Mr. Kochman seconded. Motion passed 5-0. Mr. Sullivan rejoined the Board. 6. Continued conditional use application #CU-18-12 of Paul J. Washburn to amend a previously approved conditional use permit for construction of a 14’x17’ detached accessory structure to be used as a 186 sq. ft. accessory residential unit. The amendment consists of reducing the rear setback to five feet and increasing the height to fifteen feet, 30 Myers Court: Mr. Washburn noted the one outstanding issue was the height of the building. He noted the difference of opinion between staff and himself. He also noted that the State recommends a minimum of 4 ft. cover over the sewer if there is not be no plowing and 5 feet if there is to be plowing. He showed a hand-drawn plan and indicated the location of the sewer. He is proposing to change the preconstruction grade to 4 feet above where the sewer line enters the accessory structure. He will have to remove a row or 2 of siding to do this, but it would then meet the height requirement. Mr. Miller noted that staff prefers reducing the building height by 1-1/2 feet. Ms. Keene said it is up to the Board, but staff feels the sewer line is functional as it is. Mr. Kochman asked by what authority the Board could vary the preconstruction grade. Ms. Keene directed attention to the section of the LDRs where this is allowed. The section does not provide a lot of guidance, she noted, and it usually applies to a situation where there is fill. Mr. Washburn said the engineer says the state recommends 4 feet, and it is now only 2.5 feet. DEVELOPMENT REVIEW BOARD 19 MARCH 2019 PAGE 3 An attorney representing two abutters said his clients feel this is “an end run around the regulations,” and it seems the applicant is attempting to use a different grade that was not part of the original construction. Mr. Washburn said he had misread the LDR, and never had any nefarious intent. He said he should have asked for the 4-foot sewer requirement 6 months ago. Mr. Kochman asked what has to come off to be within the permissible height. Ms. Keene said 1 foot 5-3/4 inches. Mr. Washburn said that is not quite true because the fill is higher in front of the building. Ms. Keene agreed and said she would review the provided information and calculate a corrected value. Ms. Smith did not like setting a precedent. Mr. Sullivan and Mr. Kochman agreed. Mr. Miller said the building needs to be lowered, and the amount of lowering needs to be recalculated based on the already-provided information. Mr. Cota moved to close CU-18-12. Mr. Kochman seconded. Motion passed 5-0. 7. Preliminary and final plat application #SD-19-07 of City of Burlington/Burlington International Airport to amend a previously approved plan for an airport complex. The amendment consists of: 1) razing an existing car wash facility, 2) constructing a new 7990 sq. ft. auto rental car wash facility, and 3) constructing a 2,353 sq. ft. six position fueling canopy, 1200 Airport Drive: Mr. Longo explained that the plan is to build a full-service carwash and vacuuming facility to replace the existing facility. Staff comments were then reviewed as follows: a. Mr. Longo said there is no planned use for the pervious area next to the building. They will make it a grassed area. b. Mr. Longo gave members FAA documents indicating compliance with the regulations regarding interference with approaches to the Airport c. Mr. Longo explained that 112 parking spaces are being displaced. He indicated where they will now be located (in lots B, C, D and E). d. Regarding concern with what the building will look like, Mr. Leinwohl showed photos. To address a concern that the building was too “plain,” he indicated some brick columns and a band of green color around the building. He also noted that it is similar a feel to the parking garage. DEVELOPMENT REVIEW BOARD 19 MARCH 2019 PAGE 4 e. Mr. Longo showed the location of a pedestrian sidewalk and a sidewalk with a path directly to the garage. He said it is unlikely anyone would be walking from the new facility to the garage. The public never has access to the carwash. f. Regarding interior parking islands, Mr. Longo said there is no way to do this within the parking area. He hoped the new grassed area would substitute. Ms. Keene was concerned with setting a precedent as 10% of the interior parking area is required to be landscaped. Ms. Hall indicated a paved area where there might be landscaping. Mr. Longo said they would look into it. g. Members were OK with the offsite landscaping as they felt it would be helpful to the neighborhood. h. Ms. Keene said landscaping in the residential area along the lot lines with the commercial area is fine. i. Mr. Longo indicated that the value of interior landscaping to be added to the landscape bond is $22,000. Members were OK with this. j. The applicant agreed to address the comments of the arborist. k. The applicant will address the comments about the oil/water separator. l. Mr. Longo said they will provide plans for protecting trees during construction. m. Regarding fire vehicle access, Mr. Leinwohl said they will do what was done at CVS with a low mountable curb. He showed where curbing would be removed to do this. It would be designed with a distinguishable material. n. Mr. Longo showed where the bike rack would be. Ms. Keene suggested using the existing small building for long-term bike storage. Mr. Longo noted that employee parking will not be allowed on the site. Mr. Miller noted an option is to put up a “shelter” that can be put over bikes. Staff has some designs to look at. Mr. Longo said they are happy to bring the whole Airport up to speed on regarding bike parking. Mr. Cota then moved to continue SD-19-07 to 16 April. Mr. Kochman seconded. Motion passed 5-0. 8. Minutes of 20 February 2018: Ms. Smith noted that on p. 6, item #7, she had returned after briefly leaving. Mr. Kochman moved to approve the Minutes of 20 February 2018 as amended. Mr. Cota seconded. Motion passed 5-0. DEVELOPMENT REVIEW BOARD 19 MARCH 2019 PAGE 5 9. Other Business: No other business was presented. As there was no further business to come before the Board, the meeting was adjourned by common consent at 8:25 p.m. _____________________________________ Clerk _____________________________________ Date DEVELOPMENT REVIEW BOARD 2 APRIL 2019 The South Burlington Development Review Board held a regular meeting on Tuesday, 2 April 2019, at 7:00 p.m. in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: M. Cota, Acting Chair; J. Smith, J. Wilking, F. Kochman, M. Behr (via telephone), B. Sullivan ALSO PRESENT: D. Hall, Administrative Officer; M. Keene, Development Review Planner; J. Bullister, B. Gould, C. Galipeau, J. Olesky, S. Ploesser, S. Wilbur, D. Crawford, B. Bouchard, C. Patullo 1. Directions on emergency evacuation procedures from conference room: Mr. Cota provided directions on emergency evacuation procedures. 2. Additions, deletions, or changes in order of agenda items: No changes were made to the Agenda. 3. Comments and questions from the public not related to the Agenda: No issues were raised. 4. Announcements: There were no announcements. 5. Conditional Use Application #CU-19-01 of Snyder-Braverman Development Co., LLC, to extend the regulations of the Form Based Code Transect 4 zoning district up to fifty feet into the Form Based Code Transect 5 zoning district to allow construction of a driveway access nearer than currently permitted to Market Street, 268 Market Street: Mr. Cota noted the applicant had asked for a continuance to 7 May and that in order to continue they need to pay the $50 continuation fee. Mr. Wilking moved to continue CU-19-01 to 7 May 2019. Mr. Kochman seconded. Motion passed 6-0. 6. Sketch Plan Application #SD-19-10 of Snyder-Braverman Development Co., LLC, to subdivide an existing 4.1 acre lot into 3 lots of 3.26 acres (Lot B1), 0.38 acres (Lot B2), DEVELOPMENT REVIEW BOARD 2 APRIL 2019 PAGE 2 and 0.45 acres (Lot B3) for the purpose of constructing a project on Lots B2 and B3 which will be reviewed under separate site plan application, 268 Market Street: Mr. Cota noted the applicant had asked for a continuance to 7 May and that in order to continue they need to pay the $50 continuation fee. Mr. Wilking moved to continue SD-19-10 to 7 May 2019. Mr. Kochman seconded. Motion passed 6-0. 7. Preliminary and Final Plat Application #SD-19-09 of Antonio B. Pomerleau, LLC, and Blue Dragonfly, LLC, to resubdivide three lots, 1519 and 1525 Shelburne Road and 5 Bartlett Bay Road: Mr. Ploesser reminded members that they had been at the DRB a year ago. The three properties are under the same ownership, and had been a PUD but was taken out of a PUD. They are now here just for the subdivision and boundary line adjustment. Mr. Ploesser said they had only one issue with condition #6 which references Section A on page 1 and says they would have to return to the DRB for any site plan approval instead of getting an administrative approval. Ms. Keene said if a waiver is required, which is the case here (maximum coverage waiver and maximum front yard coverage waiver), DRB approval is required. Ms. Keene also noted that the degree of non-conformity is not increasing, but it is still non-conforming though the waiver will be smaller. No other issues were raised. Mr. Wilking moved to close SD-19-09. Mr. Kochman seconded. Motion passed 6-0. 8. Preliminary and Final Plat Application #SD-19-08 of SeaComm Federal Credit Union to amend a previously approved PUD for a four-story, 63-unit multi-family dwelling. The amendment consists of constructing a one-story, 3,500 sq. ft. financial institution with three drive-through lanes and twenty parking spaces on one acre, 1680 Shelburne Road: Mr. Wilking disclosed that he used to do business with the applicant. No issues were raised in this regard. DEVELOPMENT REVIEW BOARD 2 APRIL 2019 PAGE 3 Mr. Olesky noted that they had been in for sketch plan review a month ago. The proposed site plan layout hasn’t changed. They have also addressed most of the staff comments as follows: a. Removal of signs from the plan: Mr. Olesky said that is no problem. b. Address glazing requirements: Mr. Olesky noted that profiles have been provided. Ms. Keene said she hadn’t had a chance to check the math on the Shelburne Rd. glazing but would take the applicant’s word that it meets the standard. Mr. Behr said he was comfortable based on the renderings. Mr. Bullister directed attention to the math figures provided on the plan. c. Rooftop elements: Mr. Olesky said there are no rooftop elements above a foot in height that are not screened. d. Meeting the criteria of 8.06G: Ms. Keene said they are well under the height limit. e. Erosion Control: Mr. Olesky said they are OK with the requirement. f. Screening the parking area from Shelburne Road: Ms. Keene directed attention to renderings provided by the applicant. Mr. Wilking noted that if you are approaching the site from the south, all you see are trees. g. Modifying the parking lot to comply with Fire Chief’s concerns: Mr. Olesky said the Fire Chief had wanted the bump outs to have mountable curbs, but they prefer to move the bump outs to allow a greater turning radius for fire vehicles and those bump outs will not have mountable curbs. Ms. Keene noted she spoke with the Fire Chief who is OK if the bump outs are moved back 5 feet. Trees should also be moved to be at the back edge of the space. The applicant was OK with this. DEVELOPMENT REVIEW BOARD 2 APRIL 2019 PAGE 4 h. Stormwater requirements: Mr. Olesky said they are OK with those requirements. i. Tree protection: The applicant is OK with this requirement. j. Bike storage Ms. Hall read the regulations regarding bike storage. Ms. Keene noted this application requires 4 short-term and 2 long-term bike storage facilities. Mr. Olesky indicated on the plan where they can meet the requirements. Mr. Crawford of the Natural Resources Committee was concerned with the 2 large trees that are not salvageable. Mr. Olesky noted this was discussed at sketch plan. He indicated the 2 trees on the plan and noted that the DRB requested that they be removed so the building can be located up to the curb. No other issues were raised. Mr. Wilking moved to close SD-19-08. Ms. Smith seconded. Motion passed 6-0. 9. Continues site plan application #SP-09-02 of Champlain Housing Trust to amend a previously approved site plan for a 104-unit multi-building residential complex. The amendment is for approval to revise the landscape plan be removing trees, 435 Dorset Street: Mr. Patullo noted there are a number of trees very close to buildings, some of which are dropping limbs and creating a dangerous situation. He also noted that 30% of the site is a Conservation Area. There are 2,100 trees on the site. Plans were shown with the existing trees and the site with the requested trees removed. A picture of the current site was shown with trees close to the building and limbs from those trees on the ground. Mr. Baer said it seems reasonable. Mr. Wilking felt the site is over-landscaped. Ms. Keene noted the original developer cleared as few trees as possible when the project was built. She also noted the Board felt at the previous hearing that it is an aesthetics and health issue. Mr. Wilking said it is also a human health issue of getting light to the residences. DEVELOPMENT REVIEW BOARD 2 APRIL 2019 PAGE 5 Ms. Keene noted there is also an issue of screening utility cabinets. The applicant said they are planning fencing around the dumpsters and will either landscape or fence around the utility cabinets. Regarding non-compliant light fixtures, the applicant noted these have already been changed. The applicant said bikes can be stored in the parking structures and also in 3 areas indicated on the plan (one by the entrance, one on the outer loop road between buildings 7 and 10, and one by the office/maintenance building). Mr. Crawford asked if there can be some way to plant new trees when old ones are taken out. Ms. Keene said there can be a “landscape management/replacement plan” for PUDs but not for site plans. Mr. Wilking felt that was an excellent idea. No other issues were raised. Mr. Kochman moved to close SP-19-02. Mr. Wilking seconded. Motion passed 6-0. 10. Other Business: Ms. Keen noted there is now a city-wide ethics/conflict of interest policy to which the DRB is subject, so the DRB’s separate policy is no longer needed. Mr. Kochman asked for time to review the other changes to the DRB rules of procedures which he had not been able to access. He was OK with abandoning the separate DRB policy. Mr. Kochman moved to remove the conflict of interest policy from DRB Procedures. Mr. Wilking seconded. Motion passed 6-0. As there was no further business to come before the Board, the meeting was adjourned by common consent at 8:02 p.m. _____________________________________ Clerk _____________________________________ Date