HomeMy WebLinkAboutSD-03-52 - Decision - 0303 0305 0325 0327 0329 0331 Lime Kiln RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
FARWATER — NORTHERN MERIDIAN CONGREGATE CARE
FINAL PLAT APPLICATION #SD-03-52
FINDINGS of FACT AND DECISION
Farwater, Ltd., hereafter referred to as the applicant, is requesting final plat approval for
amendments to a previously approved Planned Unit Development (PUD) consisting of 1) 85
residential units in four (4) buildings, and 2) 88 units of congregate housing in two (2) buildings,
on Lime Kiln Road. Specifically, the applicant proposes the following changes: changing the
designation of Building B to Building C and adding a new 36-unit congregate housing building
to be designated Building B. The subject property contains approximately 5.68 acres and is
located in the Residential 4 (R4) District. Portions of the property also fall within the Flood Plain
(FP) Overlay District. The South Burlington Development Review Board (DRB) held public
hearings on September 2, 2003 and October 21, 2003. Stuart Chase represented the applicant.
Based on testimony provided at the above mentioned public hearings and the plans and
supporting materials contained in the document file for this application, the DRB finds,
concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is requesting final plat approval for the following amendments to a previously
approved Planned Unit Development (PUD) on Lime Kiln Road: changing the designation of
Building B to Building C and adding a new 36-unit congregate housing building to be designated
Building B.
2. The owner of record is Farwater, Ltd.
3. The subject property contains approximately 5.68 acres and is located in the Residential 4
(R4) District. Portions of the property also fall within the Flood Plain (FP) Overlay District.
4. The plans consist of twelve (12) sheets entitled "Northern Meridian Condominiums
Congregate Care — Lime Kiln Road — South Burlington, Vermont — Farwater, Ltd.", prepared by
DeWolfe Engineering Associates, Inc., dated September 26, 2003, last revised on October 10,
2003.
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 Development Review Board notes that the density requirement does not apply to
congregate housing uses, but we have included a density measure in the table for informational
purposes.
Table 1. Dimensional Requirements
R4 Zoning District
Required
Existing
Proposed
4 Min. Lot Size
40,000 S.F.
5.68 acres
5.68 acres
4 Max. Density
n/a
15.5 units/acre
21.8 units/acre
4 Max. Building Coverage
30%
11.7%
15.5%
4 Max. Total Coverage
60%
17.6%
39.4%
4 Min. Front Setback
30 ft.
>50 ft.
>50 ft.
4 Min. Side Setback
10 ft.
>50 ft.
>50 ft.
4 Min. Rear Setback
30 ft.
>50 ft.
>50 ft.
♦ Max. Building Hei ht
40 ft.
45 ft.
45 ft.
zoning compliance
♦ requires waiver from DRB
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall
comply with the following 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.
In a letter from the South Burlington Water Department, dated January 16, 2003, Jay Nadeau stated
that the City does not currently have sufficient water storage for any new projects requiring over
1,000 GPD, which includes this project.
(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.
Sheet C-3 of the plans, dated September 26, 2003, contains the applicant's erosion control plan.
Sheet C-4 of the plans, dated September 26, 2003, describes erosion control details for the project.
(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.
The plans depict a sidewalk connecting Building B and C, and a set of stairs connecting Building A
and B. The applicant proposed the stairs as a means of connection between the two buildings
because the slope was too great to justify a sidewalk.
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.
Proposed driveway width is 20', which the Development Review Board feels is adequate for the
proposed congregate care development.
There are no proposed or required traffic management strategies related to the proposed
additional 36 unit congregate care facility.
(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 additional proposed 36 unit congregate care facility 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 Development Review Board feels 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.
09 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 no significant open space areas planned with the proposed additional 36 unit congregate
care facility.
(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
South Burlington Fire Chief Doug Brent has reviewed the plans and had some concerns regarding
access to the Buildings B and C. The Fire Chief has spoken with representatives from DeWolfe
Engineering and Rabideau Architects to discuss the requirements of the Fire Department.
(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 additional 36 unit congregate care facility should not alter the above -mentioned
services and infrastructure with the extension of such services and infrastructure to adjacent
landowners.
(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.
Detailed cut sheets of the proposed pole -mounted and building -mounted lighting were submitted.
City Engineer Bill Szymanski notes that the Vermont Agency of Transportation has plans to replace
the Lime Kiln Road Bridge with a new bridge easterly of the existing bridge. A portion of land
from the subject PUD will be required; therefore, the plans should show the planned bridge location
and delineate the necessary land to be deeded to the City of South Burlington.
0) 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 Allen 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.
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) 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 Development Review Board feels the proposed 36 unit congregate care building, Building B,
will accomplish a desirable transition from structure to site and from structure to structure. The site,
as proposed, also provides for adequate planting.
The proposed sidewalks will provide adequate pedestrian circulation. The proposed building will
contain 248 beds. According to Table 13-4 if the South Burlington Land Development Regulations,
the project will require 87 parking spaces (248 x 0.35). The proposed site plan shows 156 parking
spaces, with 6 of them being handicapped accessible. The applicant is providing sufficient parking
for the project.
The applicant is proposing optional car ports for 23 of the parking spaces on the property, to provide
convenience for the tenants. The reason these would be optional is because the applicant is not
certain he wants to build the car ports. If the structures were to be built, they would meet the
setback requirements and coverage requirements. The overall coverage on the property would not
be altered and the building coverage would increase from 15.5% to 17.1 %. Details of the proposed
parking structures are depicted on Sheet SK-I of the plans dated September 26, 2003.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable.
107 of the proposed 156 parking spaces are proposed as underground parking. The remaining 49
parking spaces are proposed as exterior parking. All proposed parking spaces are located on the
sides of the buildings.
(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 scale of the proposed buildings is compatible with the site and the existing buildings. The
applicant has indicated that the proposed building will be 45', which is 5' over the maximum
building height for the City of South Burlington. According to Section 3.07(E)(1) of the South
Burlington Land Development Regulations, the Development Review Board may approve an
increase in height for a structure up to 45', provided that for each foot of additional height above the
normal 40' requirement, all front and rear setbacks shall be increased by one (1) foot and all side
setbacks shall be increased by one-half (1 /2) foot. The additional setback requirements required for
the height waiver have been met. The Development Review Board notes that the base of the
proposed building is located below road level, so the structure would not appear to be 45' high from
Lime Kiln Road. The Development Review Board may grant this waiver if it finds the building will
not detract unduly from the public scenic views from adjacent properties, or public streets and
walkways. The applicant submitted a written request for a height waiver.
(d) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extentfeasible, be underground
Newly installed utility lines, services and service modifications shall be underground.
(e) 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.
The Development Review Board feels the architectural characteristics and landscaping for the
proposed additional 36 unit congregate care facility meet the criterion above.
09 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 Development Review Board feels the proposed structure relates harmoniously to the terrain
and to the existing buildings in the vicinity.
Site plan applications shall meet the following specific standards as set forth in Section 14.07
of the South Burlington Land Development Regulations:
(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 additional 36 unit congregate facility will be accessed from the existing curb cut off
of Lime Kiln Road, so the proposal does not require the reservation of land for this purpose, or
present any opportunities to improve general access.
(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.
The Development Review Board has already indicated that all 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).
Sheet C-2 of the plans, titled "Overall Site Plan", indicates that the dumpsters for buildings B and C
will be located outside and screened with fencing.
(d) Landscaping and Screening Requirements
The Development Review Board has already indicated that any dumpsters on the site shall be
screened with appropriate fencing. In addition, pursuant to Section 13.18 of the South Burlington
Land Development Regulations, any utility cabinets on the site shall be screened with suitable
fencing to protect the public and sufficient landscaping with evergreens of sufficient height and
density to screen the facility from surrounding property. The plans dated January 14, 2003 show the
proposed utility cabinet screened with Burning Bush, which is not an evergreen species. The
Development Review Board requires the applicant to screen the utility cabinet with an evergreen
species.
Sheet L-1 of the plans, dated September 16, 2003 depict four (4) snow storage areas.
According to the applicant, the proposed additional 36 unit congregate care facility will cost
approximately $1,200,000. Based on this number, and in accordance with Table 13-9 of the South
Burlington Land Development Regulations, the total landscaping requirement is $19,500.
However, the applicant submitted a landscape budget (attached) prepared by his landscape architect
that proposes a total of $30,238.50 of total landscape costs for the proposed building.
DECISION
Motion by Mark Boucher, seconded by Roger Farley, to approve Final Plat Application #SD-03-
52, 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 plans submitted by the applicant, as amended
by this decision, and on file in the South Burlington Department of Planning & Zoning.
3. Occupancy shall not take place in any of the units until the applicant has water allocation
approval from the South Burlington Water Department.
4. The applicant shall comply with the requests of the South Burlington Water Department, as
outlined in the letters from Jay Nadeau, dated August 18, 2003 and September 11, 2003.
5. The applicant shall comply with the requests of the City Engineer, as outlined in the Comments
for the Development Review Board meeting for February 18, 2003.
6. The applicant shall comply with all requests of the South Burlington Fire Department, as outlined
in the letters from Chief Brent, dated February 14, 2003 and February 18, 2003.
7. The plans shall delineate the necessary land to be deeded to the City of South Burlington, for the
reconstruction of the Lime Kiln Bridge, prior to recording of the final plat plan.
8. Pursuant to Section 3.07(E) of the South Burlington Land Development Regulations, the
Development Review Board approves a five (5) foot building height waiver for Building B for a
total of 45 feet from average pre -construction grade. It is the Development Review Board's opinion
that the building will not detract unduly from the public scenic views from adjacent properties or
public streets and walkways.
9. The installation of the car ports shall be subject to approval from the South Burlington Fire Chief.
10. If the car ports are installed, the sidewalk between Building B and Building C shall be covered.
11. Newly installed utility lines, services and service modifications shall be underground.
12. The applicant shall screen any dumpsters on the PUD with appropriate fencing.
13. The plat plan shall be revised to show the changes below and shall require approval of the
Director of Planning and Zoning. Four (4) copies of the approved, revised plat plan shall be
submitted to the Director of Planning and Zoning prior to recording.
a) The final plat plan shall be revised to show the proposed utility cabinet screened with an
evergreen species, pursuant to Section 13.18 of the South Burlington Land Development
Regulations.
b) The final plat plan shall be revised to show a roof over the stairway between Building
A and Building B.
14. The applicant shall post a landscape bond for $19,500, prior to the issuance of a zoning
permit. This bond shall remain in effect for three (3) years to assure that the landscaping has
taken root and has a good chance of surviving.
15. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, prior to
issuance of the first zoning permit, the applicant shall submit all appropriate legal documents
including easements (e.g. irrevocable offer of dedication and warranty deed for proposed public
roads, utility, sewer, drainage, water, and pedestrian paths, etc.) to the City Attorney for approval
and recorded in the South Burlington Land Records.
16. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
17. For the purpose of calculating road impact fees under the South Burlington Impact Fee
Ordinance, the Development Review Board estimates that the 36 unit congregate housing facility
will generate 6.12 additional vehicle trip ends during the P.M. peak hour.
18. The final plat plans shall be recorded in the land records within 90 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.
Chuck Bolton - yea4fiqVabstain/not present
Mark Boucher - nay/abstain/not present
John Dinklagenay/abstain/not present
Roger Farley - e nay/abstain/not present
Michele Kupersmith -Ce present
Larry Kupferman inay/abstain/not present
Gayle Quimby -nay/abstain/not present
Motion Carried by a vote of Cry - I -
Signed this R '�-' day of October, 2003, by
John Dinklage, Chair