HomeMy WebLinkAboutSD-05-54 SD-05-43 - Decision - 0325 0327 0329 0331 Lime Kiln RoadG1TY Or SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
FARWATER, LTD - PLANNED UNIT DEVELOPMENT- LIME KILN
ROAD
PRELIMINARY PLAT APPLICATION #SD-05-54
FINAL PLAT APPLICATION #SD-05-43
FINDINGS OF FACT AND DECISION
Farwater, Ltd., hereafter referred to as the applicant, is seeking to amend a planned unit
development consisting of: 1) 85 residential units in four (4) buildings and 2) 124 units of
congregate care in three (3) buildings. The amendment consists of adding a fourth
congregate care building with 26 units; Lime Kiln Road. The Development Review
Board reviewed the sketch plan for this project on April 19, 2005, The Development
Review Board held a public hearing on July 5, 2005. Stuart Chase 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 planned unit development consisting of: 1)
85 residential units in four (4) buildings and 2) 124 units of congregate care in
three (3) buildings. The amendment consists of adding a fourth congregate care
building with 26 units, Lime Kiln Road.
2. The owner of record of the subject property is Farwater, LTD.
3. The subject property is located in the Residential 4 (R4) Zoning District.
4. The plans submitted consist of a six (6) page set of plans, page one (1) entitled
"Northern Meridian Condominiums Congregate Care Lime Kiln Road, South
Burlington, Vermont", prepared by DeWoife Engineering Associates, Inc., dated
6/1 /05.
Dimensional Requirements
Table 1 summarizes the area, density, and dimensional requirements for the R4 District.
The applicant has provided proposed calculations for building and overall coverage as
indicated in the table. The density requirement does not apply to congregate housing
uses.
Table 1. Dimensional Requirements
R4 Zoning District _7[
Required '[--Proposed
�l Min. Lot Size
40,000 S.F.
11.24 acres j
_
Max. Density _ _
n/a
n/a
Max. Building Coverage
Max. Total Coverage
Min. Front Setback _
♦ Min. Side Setback
30%
60%
30 ft. _
10 ft.
16.99%
_ 37.01 %
>30 ft.
5 ft.
_
Min. Rear Setback _
30 ft.
>30 ft.
_
♦ Max. Building H�ht
40 ft.
44' 6
zoning compliance
♦ requires waiver from DRB
n/a congregate care facilities are not subject to density calculations
Planned Chit Development Standards
Pursuant to Section 15.18 of the South Burlington Land Develgprnent jRtgulations PUDs
shall comply with the followi_ n_g_standards and conditions:
(a) 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 reviewed the plans and issued comments in a
letter dated June 27, 2005.
The City Engineer reviewed the plans and provided comments in a memorandum dated
June 16, 2005.
Pursuant to Section 15.13(D)(1), the developer shall connect to the public sewer system or
provide a community wastewater system that is approved by the City and the State in any
subdivision where off -lot wastewater is proposed. The developer is required to provide
such pumping and other facilities as may be necessary.
(b) 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 applicant has submitted grading and erosion control plans. The proposed project
adequately adheres to standards for grading and erosion control as set forth in Section
16.03 of the South Burlington Land Development Regulations.
(c) The project incorporates access, circulation, and traffic management
strategies sufficient to prevent unreasonable congestion of adjacent roads.
Vehicular access to the proposed PUD is via a 26' curb cut and private drive off of Lime
Kiln Road. The smallest width of the private drive is 20', which meets the requirements for
private roads without parking, set forth in Table 15-1 of the South Burlington Land
Development Regulations.
Circulation is proposed to be two-way throughout the site. Internal aisle widths within
the proposed parking lots are 24', which is adequate for two-way traffic and 90 degree
parking spaces, as outlined in Table 13-8 of the South Burlington Land Development
Regulations. The proposed driveway width is 22', which the Board feels is adequate for
the proposed congregate care development.
At sketch plan review, the Development Review Board stated that the access proposed
for this PUD (on the southerly side of the property) should be gravel and restricted to
emergency access. The applicant has changed the plans to depict this.
(d) 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.
The proposed amendment will not have any adverse impacts to wetlands.. streams, wildlife
habitat as identified in the Open Space Strategy, or any unique natural features on the site.
(e) 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.
According to Section 4.03 of the South Burlington Land Development Regulations, the
purpose of the R4 District is to encourage moderate densities that are compatible with
existing neighborhoods and undeveloped land adjacent to those neighborhoods.
The proposed project is visually compatible with the development patterns in the area and
is in conformance with the above statement of purpose for the R4 District. As the proposed
project involves congregate housing facilities, the applicant does not have to adhere to the
density requirements set forth in Table C-2 of the South Burlington Land Development
Regulations.
(f) 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.
There are some open space areas to remain on the subject property.
(g) 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 South Burlington Fire Chief has reviewed the plans and provided comments in a letter
dated July 1, 2005.
(h) 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 proposed amendment will not alter the ability of these items to be extended to adjacent
properties.
(i) 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 proposed project is in compliance with this requirement. All proposed lighting is in
compliance with the standards set forth in the South Burlington Land Development
Regulations.
(j) The project is consistent with the goals and objectives of the Comprehensive
Plan for the affected district(s).
The Comprehensive Plan recommends that elderly housing be located where the broadest
range of services and amenities exist or are planned. The Lime Kiln Road area is relatively
close to amenities in Colchester, Essex, and Winooski, including the Fanny Alien campus
of Fletcher Allen Health Care, along Vermont Route 15. These amenities are not within
walking distance, nor are adequate pedestrian facilities in place between the subject
property and these amenities. However, the Chittenden County Transportation Authority
does run buses along Route 15.
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: � p
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(a) 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 project accomplishes a desirable transition from structure to site and frorn structure to
structure. In addition, the plans incorporate sidewalks to facilitate pedestrian movement
from the proposed structures to the parking areas and other buildings on the property.
The proposed building will contain 26 units. According to Table 13-1 of the South
Burlington Land Development Regulations, the project will require 38 parking spaces (1.2
spaces/unit, plus 1 space for every 4 units). The applicant proposes 30 parking spaces for
building D: 21 underground spaces and 9 above ground. For the entirety of the PUD, the
project offers 187 spots for the required 218 spots- a 16.5% shortfall. The Board hereby
approves a 31 space, 16.5%, parking waiver for the PUD.
The proposed plans show a greater number of handicapped spaces than required.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The majority of parking is located underneath the building with a few spaces along the drive
serving the project. While the surface parking is to the front of the proposed building, it is to
the rear and side of existing buildings in the development.
(c) 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 standard height limitation for pitched -roof structures is 40' from the average pre -
construction grade. The applicant is proposing to construct a building that is 44' 6 3/4"
above average pre -construction grade. Thus, the applicant is requesting a 5' height waiver.
Pursuant to Section 3.07(E)(2) of the Land Development Regulations, the Development
Review Board "may approve the structure if it finds that the building will not detract unduly
from public scenic views from adjacent properties or public streets and walkways.° The
proposed property fits these standards and recommends that the Development Review
Board approve a 5' height waiver.
(d) Ne►roly 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.
(e) The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual
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interruptions to create attractive transitions between buildings of different
architectural styles.
The applicant has submitted building elevation plans of the proposed building. The plans
for the building, as presented, meet the requirements stated above.
(t7 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.
The applicant has submitted building elevation plans of the proposed building. The plans
for the building, as presented, meet the requirements stated above.
Site plan applications shall meet the following specific standards as set forth in Section_
14.07 of the South Burlington Land Development Requlations:
(a) 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.
The proposed project does not present any logical opportunities to access adjacent
properties.
(b) 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.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines shall be underground.
(c) 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).
The proposed dumpster enclosure is depicted on the plans.
(d) Landscaping and Screening Requirements
The applicant has submitted a landscaping plan for proposed building D with a landscaping
budget of $10,375, a shortfall of $9,038 from the required landscaping value of $19.413,
This required landscaping budget has been calculated using the formula for building D
alone, requiring that the budget be calculated at 3% for the first $250,000 of the
construction costs, 2% of the next $250,000, and 1% of the remaining costs. If the budget
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is calculated on the basis of the entire PUD, the landscaping budget for building D would be
calculated at 1 % because construction costs are over $500,000.
After a review of the existing landscaping at the whole of the PUD, and per consultation
with the City Arborist, the Board recommends that the required landscaping budget be
calculated at the 1 % level. This amount would provide a sufficient amount of landscaping
for the PUD.
The South Burlington City Arborist has reviewed the plans and has provided comments in a
memo dated June 29, 2005.
Traffic
The applicant has contracted licensed consulting engineers Lamoureux and Dickenson
to prepare a traffic impact study analyzing the cumulative traffic impacts of the built -out
PUD. The consultant emphasizes that the proposed sight distances will exceed
recommended sight distances and that construction just beginning on the nearby bridge
will aid in traffic safety. The consultants conclude that "acceptable traffic congestion and
safety conditions will exist at the project drive" and that "Lime Kiln Road can
accommodate the additional traffic which will be generated by this project without
creating an undue adverse impact on future traffic congestion and safety conditions at
the adjacent intersections."
The traffic assessment is thorough and sufficient. The proposal will not have an adverse
impact on traffic congestion or safety.
Other
The applicant has submitted plans for the proposed bridge addition to Building C. The
bridge will connect from the second floor of Building C towards Building D. Because
Building C is built below grade, the bridge will not actually connect to Building D but
rather will extend to ground level and connect to a path leading to Building D. These
plans are acceptable.
The applicant has also submitted plans for the proposed patio and pool near building D.
These plans are acceptable.
DECISION
Motion by conded by !�
to approve Prelimi ary Plat Application #SD-05-54 and Final Plat Application #SD-05-43
of Farwater, LTD, subject to the following conditions:
1) All previous approvals and stipulations shall remain in full effect, except as arnended
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.
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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 plan change requests of the South
Burlington Water Department, as outlined in the letter from Jay Nadeau, dated June
27, 2005, or as subsequently amended..
b) The plans shall be revised to comply with the plan change requests of the South
Burlington Fire Chief, as outlined in his letter dated July 1, 2005, or as subsequently
amended.
c) The landscape plans shall be revised to comply with the plan change requests of
the South Burlington City Arborist, as stated in his memorandum dated June 29,
2005, or as subsequently amended.
4) The applicant shall comply with the non -plan change requests of the South Burlington
Water Department, as outlined in a letter from Jay Nadeau dated June 27, 2005.
5) The applicant shall comply with the non -plan change requests of the South Burlington
Fire Chief, as outlined in his letter dated July 1, 2005.
6) The applicant shall comply with the non -plan change requests of the South
Burlington City Arborist, as stated in his memorandum dated June 29, 2005.
7) The proposed project shall comply with non -plan change requests of the City Engineer
as stipulated in the memo dated June 16, 2005.
8) Occupancy shall not take place in any of the units until the applicant has water
allocation approval from the South Burlington Water Department.
9) The applicant shall obtain preliminary wastewater capacity allocation from the Director
of Planning and Zoning, Juli Beth Hinds, prior to recording of the final plat plans.
10) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
11) Prior to issuance of the Certificate of Occupancy, the dumpster shall be suitably
screened with opaque fencing.
12) The applicant shall post a $10,375 landscape bond, prior to issuance of a zoning
permit. The bond shall remain in effect for three (3) years to assure that the
landscaping has taken root and has a good chance of surviving.
13) The Board approves a total of 187 parking spaces which represents a 31 space or
16.5% shortfall.
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14) For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the new building will
generate ten (10) additional vehicle trip ends during the P.M. peak hour.
15) Pursuant to Section 3.07(E)(2) of the Land Development Regulations, the Board
approves a five (5) foot height waiver for a total height of 45 feet above pre -construction
grade.
16) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
17) The final plat plan (sheets C-1 and C-2) shall be recorded in the land records within
00 days or this approval is null and void. The plan shall be signed by the Board Chair
or Clerk prior to recording.
Mark Behr nay/abstain/not present
Chuck Bolton - 'e nay/abstain/not present
John Dinklage - /nay/abstain/not present
Roger Farley - e nay/abstain/not present
Larry Kupferman - /nay/abstain/not present
Gayle Quimby - e nay/abstain/not present
Motion carried by a vote of
Signed this day of July 2005, by
r
_A_
John Dinklage, Chair
U
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
derision 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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