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Home My WebLink AboutMP-17-02 - Decision - 1580 Dorset Street#MP‐17‐02 Findings of Fact and Decision CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING JJJ SOUTH BURLINGTON, LLC 1580 Dorset Street & 1699 HINESBURG ROAD MASTER PLAN AMENDMENT #MP‐17‐02 FINDINGS OF FACT AND DECISION 1 1 of 5 Master Plan application #MP‐17‐02 of JJJ South Burlington, LLC to amend a previously approved master plan for a 258 unit planned unit development in two (2) phases. The amendment consists of revising the roadway layout in Phase II (Cider Mill II) and increasing the number of residential units by 33 units to 142 units, 1580 Dorset Street & 1699 Hinesburg Road. The Development Review Board held a public hearing on Tuesday January 2 and February 20, 2018. Brad Dousevicz, Brian Currier and Paul O'Leary 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. In 2007, the applicant obtained master plan approval for 109 dwelling units in Cider Mill II, with the area zoned as Village Residential reserved for future development (#MP‐07‐01). In 2015, the applicant obtained final plat approval for this same development (#SD‐15‐11), which was subsequently amended in 2016 (#SD‐16‐01). The current application represents a revision of that layout including addition of 33 units in Cider Mill II for a total of 142 units in Cider Mill II and 291 units overall. 2. The owner of record of the subject properties is JJJ South Burlington, LLC. 3. The application was received on December 6, 2017 and supplemented on December 8 and December 28, 2017. 4. The subject property is located in the Southeast Quadrant – Neighborhood Residential (SEQ‐NR), Southeast Quadrant – Village Residential (SEQ‐VR), and Southeast Quadrant – Natural Resource Protection (SEQ‐NRP) sub‐districts. 5. The plans submitted consist of a one (1) page set of plans. The page is entitled “Overall Master Plan Cider Mill Phase II” prepared by O’Leary Burke Associates, dated November 14, 2017 and last revised December 26, 2017. A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS This development (Cider Mill I and II) received dimensional standards waivers from the Board as part of the Master Plan (#MP‐07‐01). There are no multi‐family homes currently proposed. However, the applicant has requested that the previously approved multi‐family waivers be applied to two‐family homes, as shown in the below table. #MP‐17‐02 Findings of Fact and Decision 2 2 of 5 SEQ‐NR Required SEQ‐VR Required Previously Granted and/or Requested Min. Lot Size Single Family 12,000 sq. ft. 12,000 sq. ft. 7,200 sq. ft. granted Min. Lot Size Two‐Family 24,000 sq. ft. 24,000 sq. ft. 7,200 sq. ft. requested Min. Lot Size Multi‐Family 40,000 sq. ft. 40,000 sq. ft. N/A Max. Building Coverage 15% 15% 42% granted for single, requested for two‐family Max. Overall Coverage 30% 30% 60% granted for single, requested for two‐family Min. Front Setback 20 ft. 20 ft. 10 ft. granted for multi, requested for two‐family Min. Side Setback, Single and Two‐family 10 ft. 10 ft. N/A Min. Side Setback, Multi‐family 20 ft. 20 ft. N/A Min. Rear Setback 30 ft. 30 ft. 5 ft. granted for multi, requested for two‐family Max. Building Height Single or Two‐ Family (pitched) 28 ft. 28 ft. N/A Max. Building Height Multiple Family (pitched) 28 ft. 35 ft. N/A Stories facing street, Single and Two‐ family 2 2 N/A Stories below roofline, Single and Two‐ family 2 3 N/A The Board approves the waiver request to apply the previously approved multi‐family waivers to the two‐ family homes. The applicant will require a miscellaneous permit for alteration of existing grade in order to meet the required building heights. This is discussed in detail in the concurrent application for preliminary plat approval #SD‐17‐29. B) APPROVAL AND AMENDMENT OF MASTER PLAN Section 15.07(D)(3) of the South Burlington Land Development regulations states Any application for amendment of the master plan, preliminary site plan or preliminary plat that deviates from the master plan in any one or more of the following respects, shall be considered a new application for the property and shall require sketch plan review as well as approval of an amended master plan: (a) An increase in the total FAR or number of residential dwelling units for the property subject to the master plan; The applicant is proposing an additional 33 units, for a total of 142 units. This is enumerated and discussed in the concurrent application for preliminary plat approval #SD‐17‐29. #MP‐17‐02 Findings of Fact and Decision 3 3 of 5 (b) An increase in the total site coverage of the property subject to the master plan; Total site coverage for the proposed plan is approximately 29%, below the maximum allowable coverage of 30%. (c) A change in the location, layout, capacity or number of collector roadways on the property subject to the master plan; The applicant is proposing to shift the alignments of Aurora Road, Russett Road and Liberty Lane, and to eliminate a previously‐shown east west roadway which was previously between Aurora road and Liberty Lane. Aurora Road is considered a collector roadway. (d) Land development proposed in any area previously identified as permanent open space in the approved master plan application; and/or The proposed Master Plan locates eight units in two‐family buildings in the area previously identified as the Northeastern Open Space, four units in two‐family buildings in the area previously identified as Western Open Space, and four single family homes in the area identified as Mid Site Open Space. This is enumerated and discussed in the concurrent preliminary plat approval #SD‐17‐29. (e) A change that will result in an increase in the number of PM peak hour vehicle trip ends projected for the total buildout of the property subject to the master plan. The number of dwelling units is proposed to increase by 33 units to 142 units, therefore the vehicle trip ends are anticipated to increase. Traffic related to this increase is enumerated and discussed in the concurrent preliminary plat approval #SD‐17‐29. C) PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, Master plans shall comply with the standards for Planned Unit Development (PUD). PUD standards are enumerated and discussed in the concurrent preliminary plat approval #SD‐17‐29. DECISION Motion by Matt Cota, seconded by John Wilking, to approve Master Plan Application #MP‐17‐02 of JJJ South Burlington, LLC, subject to the following stipulations: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the master plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Any application for amendment of the Master Plan or preliminary plat plan that deviates from the Master Plan in any one or more of the following respects shall be considered a new application for the property and shall require sketch plan review as well as approval of an amended Master Plan: a. An increase in the approved building coverage or overall site coverage, or an #MP‐17‐02 Findings of Fact and Decision 4 4 of 5 b. increase in the number of residential dwelling units for the property subject to the Master Plan; c. A change in the location, layout, capacity or number of collector roadways on the property subject to the Master Plan; d. Land development proposed in any area previously identified as permanent open space in the approved Master Plan; e. A change that will result in an increase in the number of p.m. peak hour vehicle trip ends project for a total build‐out of the property subject to the Master Plan. 4. Pursuant to Section 15.07(D)(5) of the Land Development Regulations, the following minor land development activities will not require Development Review Board approval and may be undertaken pursuant to issuance of a zoning permit. a. The addition of decks to dwelling units; b. The addition of porches to dwelling units; c. The enclosure of decks; d. The addition of accessory structures, pursuant to Section 3.10 of the Land Development Regulations; e. Other minor land development activities at the discretion of the Administrative Officer. 5. The Development Review Board approves the following waivers from the Southeast Quadrant dimensional standards, as outlined in the Land Development Regulations: a. Single family minimum lot size from 12,000 sq. ft. to 7,200 sq. ft. b. Single family maximum overall lot coverage from 30% to 60%. c. Single family maximum building lot coverage from 15% to 42%. d. Two‐family maximum overall lot coverage from 30% to 60%. e. Two‐family maximum building lot coverage from 15% to 42%. f. Two‐family front yard setback from 20 feet to 10 feet. g. Two‐family rear yard setback from 30 feet to 5 feet. h. Multi‐family maximum overall lot coverage from 30% to 60%. i. Multi‐family maximum building lot coverage from 15% to 42%. j. Multi‐family front yard setback from 20 feet to 10 feet. k. Multi‐family rear yard setback from 30 feet to 5 feet. 6. Any changes to the Master Plan shall require approval of the Development Review Board. 7. The Master Plan must be recorded in the land records within 180 days or this approval is null and void. The plans shall be signed by the Board Chair or Clerk prior to recording. 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 Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 5 – 0 – 0 #MP‐17‐02 Findings of Fact and Decision 5 5 of 5 Signed this ___ day of March, 2018 by _____________________________________ 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, fees and mailing address. 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.