HomeMy WebLinkAboutSD-07-42 - Decision - 1580R Dorset Street#SD-07-42
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
DORSET STREET ASSOCIATES - CIDER MILL II
PLANNED UNIT DEVELOPMENT - 1530 DORSET STREET
PRELIMINARY PLAT APPLICATION #SD-07-42
FINDINGS OF FACT AND DECISION
Dorset Street Associates, LLC, hereafter referred to as the applicant, is seeking
preliminary plat approval for a planned unit development consisting of adding: 1) 30
acres to the project area, 2) 79 single family dwellings, and 3) 30 multi -family dwelling
units, 1530 Dorset Street.
The Development Review Board held a public hearing on Tuesday, October 16, 2007.
Lance Llewellyn and Gerry Milot 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 preliminary plat approval for a planned unit development
consisting of adding: 1) 30 acres to the project area, 2) 79 single family
dwellings, and 3) 30 multi -family dwelling units, 1530 Dorset Street.
2. The owner of record of the subject property is Dorset Street Associates.
3. The subject property is located in the Southeast Quadrant Village Residential
(SEQ-VR) Zoning District, the Southeast Quadrant Neighborhood Residential
(SEQ-NR) Zoning District, and the Southeast Quadrant Natural Resource
Protection (SEQ-NRP) Zoning District.
4. The plans submitted consist of a 26 page set of plans, page two (2) entitled, "The
Cider Mill & Cider Mill Phase II Sketch Plan -Master Plan South Burlington
Vermont", prepared by Llewellyn -Howley, Inc., dated 8/18/07, last revised on
10/4/07.
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The total acreage of the Cider Mill Development, including the amendment, is 154 acres.
The density of right, generated by the land, at 1.2 units per acre, allows for 185 units.
The maximum units allowed, per the South Burlington Land Development Regulations
and in accordance with Chapter 9, the Southeast Quadrant, and determined by the
various sub -districts included in the very large parcel, is 568 units.
The applicant is proposing a total of 326 units (68 of these are for future development, to
be phased in at a later date). Therefore, a total of 141 development rights shall be
needed.
The applicant has stated that they have a legal option to purchase enough development
rights to build the project as proposed. The Board is requiring the applicant to submit the
legal documents pertaining to the options for review by the City Attorney prior to Master
Plan approval. The City Attorney has advised that the appellant has a legal option for
the development rights for 250 acres. The development rights should be purchased by
the applicant prior to issuance of zoning permits for any units beyond the 185 allowed by
the property's inherent density.
149 units have been previously approved as part of the prior subdivision (Phase 1) and
the applicant has thus far been issued zoning permits for 29 of these units.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comply with the following standards and conditions:
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 standards for this criterion are found below in a review of the regu►ations of the
Southeast Quadrant.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed subdivision of this property is in conformance with the South Burlington
Comprehensive Plan.
Southeast Quadrant District
This proposed subdivision is located in the southeast quadrant district. Therefore it is
subiect to the provisions of Section 9 of the South Burlington Land Development
Regulations.
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9.06 Dimensional and Design Requirements Applicable to All Sub -Districts
The following standards shall apply to development and improvements within the
entire Southeast Quadrant Zoning District.
A. Height.
(1) The maximum height of any occupied structure in the SEQ-NRP, SEQ-NRT, or
SEQ-NR sub -district shall not exceed forty-five feet (45'); the waiver provisions
of Section 3.07(E) shall not apply to occupied structures in these sub -districts.
(2) The maximum height of any occupied structure in the SEQ-VR or SEQ-VC
sub -district shall not exceed fifty feet (50'); the waiver provisions of Section
3.07(E) shall not apply to occupied structures in these sub -districts.
The applicant has stated that the heights of buildings will remain below the height
limitations of the sub -district.
B. Open Space and Resource Protection.
(1) Open space areas on the site shall be located in such a way as to maximize
opportunities for creating usable, contiguous open spaces between adjoining
parcels
The layout of the proposed subdivision provides for two substantially sized parks and
another smaller one. These are acceptable. The more northern park is largely a wetland
and will serve as mostly open space and house a stormwater pond. The more southern
park is on dry soils and will be easily accessible to the 100+ homes in the vicinity. The park
is easily accessed via walkways across the lots.
(2) Building lots, streets and other structures shall be located in a manner
consistent with the Regulating Plan for the applicable sub -district allowing
carefully planned development at the average densities provided in this bylaw.
The streets and building lots must be consistent with the regulating plan. The street, block
and lot pattern provides pedestrian -scaled development and the street patterns allow for
direct walking and bicycling trips. The street design also promotes slower speeds and
connections between neighborhoods. The proposed parks are easily accessible for all
residents of the proposed development.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing
management shall be established by the applicant.
The applicant should provide language which provides for ongoing maintenance of the park
areas. Deed covenants or home owner's association language would be appropriate.
(4) Sufficient grading and erosion controls shall be employed during construction
and after construction to prevent soil erosion and runoff from creating unhealthy
or dangerous conditions on the subject property and adjacent properties. In
making this finding, the Development Review Board may rely on evidence that the
project will be covered under the General Permit for Construction issued by the
Vermont Department of Environmental Conservation.
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The proposed project shall 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
shall meet the standards set forth in Section 16.04 of the South Burlington Land
Development Regulations.
The applicant has submitted a grading and erosion control plan as part of the phasing plan.
This is appropriate at this time.
(5) Sufficient suitable landscaping and fencing shall be provided to protect
wetland, stream, or primary or natural community areas and buffers in a manner
that is aesthetically compatible with the surrounding landscape. Chain link
fencing other than for agricultural purposes shall be prohibited within PUDs; the
use of split rail or other fencing made of natural materials is encouraged.
The wetlands located within the park land should be delineated with a landscape buffer or
split rail fencing. They should be kept as natural as possible, and be brush -hogged several
times per year rather than mowed.
Other wetlands on the site are nicely delineated by the proposed recreation path.
C. Agriculture. The conservation of existing agricultural production values is
encouraged through development planning that supports agricultural uses
(including but not limited to development plans that create contiguous areas of
agricultural use), provides buffer areas between existing agricultural operations
and new development, roads, and infrastructure, or creates new opportunities for
agricultural use (on any soil group) such as but not limited to community.
supported agriculture. Provisions that enhance overall neighborhood and natural
resource values rather than preservation of specific soil types are strongly
encouraged.
This criterion is not applicable to this application.
D. Public Services and Facilities. In the absence of a specific finding by the
Development Review Board that an alternative location and/or provision is
approved for a specific development, the location of buildings, lots, streets and
utilities shall conform with the location of planned public facilities as depicted on
the Official Map, including but not limited to recreation paths, streets, park land,
schools, and sewer and water facilities.
(1) Sufficient water supply and wastewater disposal capacity shall be 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 City of South Burlington Water Department has reviewed the plans and provided
comments in a memo dated October 12, 2007.
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(2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines,
and lighting shall be designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent properties.
Access is proposed via a street connection to the existing Cider Mill development.
Access is also shown to the east to Hinesburg Road via a 24 foot wide road located in
an existing 75 foot Right -of -Way. The applicant has submitted details of the roadway as
part of the preliminary plat application. The Director of Public Works reviewed a previous
set of plans and provided comments in a memo dated September 28, 2007. The
applicant has since made some changes in response to these comments and re-
submitted plans for review.
The City Engineer has reviewed a previous set of plans and provided comments in a
memo dated July 26, 2007. The applicant has since made some changes in response to
these comments and re -submitted plans for review.
Future street access is also shown to the south and north side of the lot for potential
connections to future developments.
(3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a
manner that is consistent with City utility plans and maintenance standards,
absent a specific agreement with the applicant related to maintenance that has
been approved by the City Council.
The Recreation Path Committee shall review the plans prior to final plat approval
(4) The plan shall be reviewed by the Fire Chief or his designee to insure that
adequate fire protection can be provided, with the standards for evaluation
including, but not 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.
The City of South Burlington Fire Department has not yet reviewed the plans and issued
comments. He was not available yet to review the most recent set of plans.
E. Circulation. The project shall incorporate access, circulation and traffic management
strategies sufficient to prevent unsafe conditions on adjacent roads and sufficient to
create connectivity for pedestrians, bicycles, vehicles, school transportation, and
emergency service vehicles between neighborhoods. In making this finding, the
Development Review Board 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.
Access is proposed via a street connection to the existing Cider Mill development.
Access is also shown to the east to Hinesburg Road via a 24 foot wide road located in
an existing 75 foot Right -of -Way. The Board has reviewed the proposed accesses to
the property. Given the site distances and the surrounding curbcuts, the Board finds the
plan acceptable.
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(1) Roads shall be designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent properties.
The plans include rights -of -way and provisions for access to the properties to the north
and the south of the new portion of the development. This is acceptable except that the
stub built to the south near Lots 18 and 19 should be continued to the property line.
(2) Roads shall be designed in a manner that is consistent with City roadway
plans and maintenance standards, absent a specific agreement with the applicant
related to maintenance that has been approved by the City Council.
The neighborhood roads are proposed to be 26 feet wide with parking on one side, 24 feet
wide in areas with no on -street parking. The road widths are proposed to be narrowed to 18
feet with no parking at the wetland crossings. This meets the standards set forth in Table 9-
2, Street Design Criteria for Local Streets in the SEQ-NR zoning district. All roads are set
within 50 foot right-of-ways with the exception of that which is labeled as "Main Street" on
the plans, which is proposed to be 60 feet wide.
A sidewalk runs along at least one side of all of the streets proposed in the development
except the southern section of "Right Street" and along the connection to Hinesburg Road.
The applicant has not shown proposed street names for the project. This shall be granted
final approval by the planning commission prior to final plat approval.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent
streets and neighborhoods shall apply.
9.08 SEQ-NR &NRT Sub -District; Specific Standards
The SEQ-NRT sub -district has additional dimensional and design requirements, as
enumerated in this Section.
A. Street, Block and Lot Pattern
(1) Development blocks. Development block lengths should range between 300
and 400 linear feet; see Figure 9-2 for example. If longer block lengths are
unavoidable blocks 400 feet or longer must include mid -block public sidewalk or
recreation path connections.
This criterion is being met in this application. The development blocks are broken by the
two proposed parks and are appropriate in length.
(2) Interconnection of Streets. Average spacing between intersections shall be 300
to 500 feet. Dead end streets (e.g. culs de sac) are discouraged. Dead end streets
may not exceed 200 feet in length. Street stubs are required at the end of dead end
streets to allow for future street connections and/or bicycle and pedestrian
connections to open space and future housing on adjoining parcels per section
15.12(D)(4).
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All streets loop into others; connectivity in the proposed development is ideal.
(3) Street Connection to Adjoining Parcels. Street stubs are required to be built to
the property line and connected to adjacent parcels per section 15.12(D)(4) of
these Regulations. Posting signs with a notice of intent to construct future streets
is strongly encouraged.
The Board has already commented on this matter. The plans depict numerous
connection opportunities at various parcels to the north and south.
(4) Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of
1:2.5 to 1:5 recommended.
Lot ratios are appropriate.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and
local) in the NR sub -district are intended to be low -speed streets for local use that
discourage through movement and are safe for pedestrians and bicyclists.
Dimensions for public collector and local streets shall be as set forth in Tables 9-1
and 9-2, and Figures 9-4 and 9-5 of the South Burlington Land Development
Regulations.
The Board has already commented on the roadway, sidewalk, and recreation path
design.
(2) Sidewalks. Sidewalks must be a minimum of five feet (5') in width with an
additional minimum five-foot planting strip (greenspace) separating the sidewalk
from the street. Sidewalks are required on one side of the street, and must be
connected in a pattern that promotes walkability throughout the development. The
DRB may in its discretion require supplemental sidewalk segments to achieve this
purpose.
This criterion is being met.
(3) Street Trees; see Section 9.08(B)(3)
Street trees are required along all streets in a planting strip a minimum of five feet
wide. Street tress shall be large, deciduous shade trees with species satisfactory
to the City Arborist. Street trees to be planted must have a minimum caliper size
of 2.5 to 3 inches DBH, and shall be planted no greater than thirty feet (30') on
center.
The applicant is proposing street trees in accordance with the regulations along both
sides of every street except for Main Street where there are no street trees to the north.
The applicant has marked the north side as an area for future development which has
not been designed yet and will likely not be designed until plans have been created for
the abutting property. The Board agrees that it is presumptuous to put the trees in
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advance of development and risk damaging them with construction, but the Board would
like to ensure that the trees are planted should the development never occur. A phasing
plan, which would require street trees to be planted in five years, or otherwise re-
considered for an extension by the Development Review Board is being required.
(4) On -street parking; see Section 9.08(B)(4).
This has already been addressed above.
(5) Intersection design. Intersections shall be designed to reduce pedestrian
crossing distances and to slow traffic; see Figure 9-6 and Section 9.08(B)(5).
The City Engineer and Director of Public Works shall more specifically comment on this
issue.
(6) Street and sidewalk lighting. Pedestrian -scaled light fixtures (e.g., 12' to 14')
shall be provided sufficient to ensure pedestrian safety traveling to and from
public spaces. Overall illumination levels should be consistent with the lower -
intensity development patterns and character of the SEQ, with lower, smoother
levels of illumination (rather than hot -spots) and trespass minimized to the lowest
level consistent with public safety.
The applicant has not yet submitted lighting details
C. Residential Design
(1) Building Orientation. Residential buildings must be oriented to the street.
Primary entries for single family and multi -family buildings must face the street.
Secondary building entries may open onto garages and/or parking areas. (Special
design guidelines apply to arterial streets).
(2) Building Fagades. Building facades are encouraged to employ a theme and
variation approach. Buildings should include common elements to appear unified,
but facades should be varied from one building to the next to avoid monotony.
Front porches, stoops, and balconies that create semi -private space and are
oriented to the street are encouraged.
The applicant should also address the Residential Design, pursuant to Section 9.08(C)
of the Regulations, including building orientation, building facades and front building
setbacks, placement of garages and parking, and mix of housing types.
The Board has the authority to delegate review of the design standards to Planning Staff
after Subdivision Approval. However, as the applicant is requesting some waivers in
relation to the design standards, the Board strongly recommends that the applicant
submit building elevations with the final plat submittal to address these criteria,
particularly for those designs whereupon waivers may be sought, prior to final plat
approval.
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(3) Front Building Setbacks. In pedestrian districts, a close relationship between
the building and the street is critical to the ambiance of the street environment.
Buildings should be set back twenty-five feet (25') from the back of sidewalk.
As no building envelopes, footprints, or elevations have been submitted, the Board
cannot determine if this criterion is being met.
(4) Porches, stoops, and balconies may project up to eight feet (8') into the front
setbacks. Porch, stoop and balcony areas within the front setback shall not be
enclosed or weatherized with glazing or other solid materials.
Porches, stoops, and balconies may project up to eight feet (8') into the front setbacks.
Porch, stoop and balcony areas within the front setback shall not be enclosed or
weatherized with glazing or other solid materials.
(5) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. The
front building line of the garage must be set behind the front building line of the
house by a minimum of eight feet.
Compliance with this criterion cannot be determined until road right-of-way lines and
building elevations are submitted. The applicant has stated that they will be seeking a
waiver from this requirement; permission is requested to allow the garage setback from
the face of the building to be 3 feet rather than 8. Permission is also requested to allow
the garage to be set back form the front of the porch to be 8 feet, rather than from the
front of the building.
The applicant should provide renderings to demonstrate how this will appear with the
final plat submittal.
(6) Mix of Housing Types. A mix of housing types is encouraged within neighborhoods
and developments. Housing types should be mixed within blocks, along the street and
within neighborhoods rather than compartmentalized into sections of identical housing
types.
The applicant is proposing 66 single family homes, 13 carriage homes, and 30
townhouses.
This is sufficient to meet this criterion.
This proposed subdivision is located in the southeast quadrant district. Therefore it is
subject to the provisions of Section 15.18(B).
The proposed subdivision is in compliance with all provisions of this section.
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DECISION
Motion by Gavle Quimby, seconded by Roger Farley, to approve Preliminary Plat
Application #SD-07-42 of Dorset Street Associates, 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 plat submitted by the applicant,
and on file in the South Burlington Department of Planning and Zoning.
3. The plans shall be revised to show the changes below prior to final plat submittal:
a. The plans shall be revised to comply with the requests of the South
Burlington Water Department as outlined in a memo dated October 12,
2007.
b. The plans shall be revised to include a five foot wide concrete sidewalk
along the southern portion of "Right Street".
c. The plans shall be revised to include a five foot wide concreted sidewalk or
10 foot wide recreation path along the road which connects to Hinesburg
Road.
d. The plans shall be revised to depict a street lighting plan in accordance
with the regulations cited above and including cut sheets and a point -by -
point illumination plan.
e. The plans shall be revised to show "Long Street" constructed all the way
to the southerly property line.
f. The plans shall be revised to include street names approved by the
Planning Commission and 911 addresses.
g. The plans shall be revised to show a sewer service connection for each
multi -family residential unit.
h. The plans shall be revised to designate parklands designated Westerly,
Mid Site and Northeastern as "open space", not parks.
4. The applicant shall adhere to the comments of the South Burlington Water
Department as outlined in a memo dated October 12, 2007. The South
Burlington Water Department shall review all future sets of plans and provide
comments.
5. The applicant shall submit legal documentsn to be recorded in the land recordsn
showing clear ownership of the remaining 141 development rights to the City
Attorney for approval, prior to issuance of a zoning permit for the 186th unit.
6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
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7. The applicant shall submit deed covenants to be recorded in the land records
with language intended to provide for ongoing maintenance of the park areas (i.e.
Neighborhood Park Lands) with the final plat submittal. Furthermore, this
language shall include provisions for protection of the wetland and associated
buffers.
8. The proposed project shall 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 should meet the standards set forth in Section 16.04 of the South
Burlington Land Development Regulations.
9. The applicant and/or Homeowner's Association shall provide for ongoing
maintenance (i.e. mowing) for the areas designated as "neighborhood park lands".
10. The wetlands located within the open space areas shall be delineated with either
split rail fencing or plantings to the satisfaction of the Development Review Board.
11. The wetlands and associated buffers in the open space areas shall be kept in as
natural a state as possible and shall be brush -hogged several times per year, but
never mowed.
12. Pursuant to Section 12.02(E) of the Land Development Regulations, the Board
approves wetland & wetland encroachments as depicted on the approved plan.
13. There shall be no use of pesticides or non -organic fertilizers within the wetlands
or associated 50 foot buffers.
14. The applicant shall receive preliminary wastewater allocation from the Director of
Planning and Zoning prior to final plat approval and final wastewater allocation prior
to issuance of any zoning permit.
15. The most recently revised set of plans shall be reviewed by the Director of Public
Works prior to final plat approval. The applicant shall adhere to the comments of
the Director of public Works.
16. The most recently revised set of plans shall be reviewed by the City Engineer
prior to final plat approval. The applicant shall adhere to the comments of the City
Engineer.
17. The South Burlington Recreation Path Committee shall review the proposed plans
prior to final plat approval.
18. The South Burlington Fire Chief shall review the plans and provide comments prior
to final plat approval.
19. The City Arborist shall review and approve of the street tree planting plan prior to
final plat approval.
20. The applicant shall submit a traffic impact study with the final plat submittal.
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21. Street trees shall be planted along the northern side of "Main Street" at a date no
later than five years from the recording of the mylar for this subdivision. At such a
time, any proposals to delay the plantings further must be approved by the
Development Review Board on a yearly basis.
22. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
23. The application for final plat approval shall be submitted within twelve (12)
months.
Mark Behr ye nay/abstain/not present
Matthew Birmingham -ea/nay/absta,n/not present
John Dinklage fyea
a/nay/abstai not present -
Roger Farley ;ay/abstain/not resent
Eric Knudsen — yea/ bst ay/aain of resen
Peter Plumeau — nay/abstain/not present
Gayle Quimby —gay/abstain/not ay/abstain/not present
Motion carried by a vote of
Signed this day f VCiT pY/e✓ 2007, by
Mark Behr, Vice Chairman
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
decision 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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