HomeMy WebLinkAboutSD-23-02 - Supplemental - 1200 Dorset Street (18) #SD-23-02
CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SD-23-02_1200 Dorset St_1200 Dorset St LLC_SK_2023_02_07
DEPARTMENT OF PLANNING & ZONING
Report preparation date: February 1, 2023
Application received: January 5, 2023
1200 Dorset Street – 1200 Dorset, LLC
Sketch Plan Application #SD-23-02
Meeting Date: February 22, 2023
Owner
Highland Development Company, LLC
63 Kristie Lane
Jericho, VT 05465
Applicant
1200 Dorset, LLC
63 Kristie Lane
Jericho, VT 05465
Property Information
Tax Parcels 0570-01200
Southeast Quadrant-Neighborhood Residential Zoning
District,
Parcel size: 1.29 acres
Engineer
Civil Engineering Associates
10 Mansfield View Lane
South Burlington, VT 05403
Location Map
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PROJECT DESCRIPTION
Sketch plan application #SD-23-02 of Casey Douglass to subdivide an existing 1.29 acre lot developed
with a single family home and barn, located within an existing 5.52 acre planned unit development, into
two lots of 0.69 acres (Lot 6A) and 0.60 acres (Lot 6B) for the purpose of demolishing the existing single
family home and barn and constructing a new single family dwelling on each lot, 1200 Dorset St.
PERMIT HISTORY
The property is located within the 5.52 acre Foulsham Hollow Planned Unit Development, also known as
the Heald Subdivsion, which was approved in late 2001 with application #SD-01-59. The decision at that
time was very brief, and generally approved the plans as presented, with minor waivers to reduce the
required lot frontage. There is no longer a required minimum lot frontage in this zoning district. It also
included a condition that the existing home at 1200 Dorset Street be reconfigured to have its driveway
access of Foulsham Hollow Road, a condition which does not appear to have been yet addressed.
The City is in possession of an irrevocable offer of dedication for the roadway but has not accepted the
roadway.
This sketch plan review is the first step in seeking approval for subdivision without Planned Unit
Development approval. Though the subject property is located within an existing PUD, no changes the
approved PUD are proposed, and at this stage of review, Staff considers there are no elements of the
application that are outside of the authority of the Board to review as a subdivision.
COMMENTS
Development Review Planner Marla Keene and Director of Planning and Zoning Paul Conner, hereafter
referred to as Staff, have reviewed the plans submitted by the applicant and offer the following
comments.
As this is a Sketch Plan review, only criteria relevant for review at this stage are addressed. Numbered
items for the Board’s attention are in red.
The application is subject to zoning district and dimensional standards, subdivision standards, the general
regulations of Article 3 and the supplemental regulations of Article 13.
A) ZONING DISTRICT AND DIMENSIONAL STANDARDS
Dimensional standards include a minimum lot size of 9,500 sf for a single family home, 20% building
coverage and 40% lot coverage, and 20 ft, 10 ft, and 30 ft front, side, and rear setbacks, respectively. As
through-lots, the proposed lots will have a front lot line on each of Foulsham Hollow Road and Dorset
Street, and no rear lot lines.
B) GENERAL SUBDIVISION STANDARDS
This application will be considered a major subdivision because the lots to be subdivided are more than
two times the minimum lot area for the district.
15.A.11 General Standards
A. Development Suitability. The applicant must demonstrate that the land to be subdivided is
physically suited for its intended use and the proposed density or intensity of development, and that the
proposed subdivision will not result in undue adverse impacts to public health and safety, environmental
resources as identified and regulated under Article 12, neighboring properties and uses, or public
facilities and infrastructure located on or within the vicinity of the land to be subdivided.
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(1) Physical Site Constraints. Land that is physically unsuited for development, including land that is
characterized by periodic flooding, poor drainage, shallow soils, landslides, environmental site
contamination or other known physical hazards or constraints, must not be subdivided for development unless the applicant can demonstrate that such limitations can be overcome,
remediated, or mitigated as necessary to allow for subsequent development.
The subject property has an area of very steep slopes. Steep slopes are a resource regulated in Article
12. However, the City Council is considering an amendment to modify the regulation of steep slopes
to exempt permitted manmade steep slopes from regulation as a natural resource. Staff recommends
the applicant track the status of this proposed amendment and not submit for preliminary plat
approval until such time as it is warned.
(3) Buildable Area Calculations. The allowed number of building lots or dwelling units within the
subdivision shall be calculated based on the Buildable Area of the parcel or tract to be subdivided
except as otherwise specified for a Transect Zone Subdivision under Article 8, a Planned Unit
Development under Article 15.C; and as provided for the transfer of development rights under
Article 19, or affordable housing offsets, bonuses, or incentives under Article 18.
The project is located in the SEQ-NR zoning district, which has an inherent density of 1.2 units per
acre, which may be increased to 1.8 units per acre with the transfer of development rights or
through the use of inclusionary zoning. The 1.29 acre lot has an inherent density of 1.55 units,
which may be increased to 2.32 units through the use of transferred development rights or
inclusionary housing. The applicant has indicated their intention to purchase development rights.
The applicant therefore must demonstrate a purchase agreement for 1 transfer development right,
or 0.83 acres, prior to final plat approval, and must record the purchase and use of the transferred
development right prior to issuance of a zoning permit for a second home on the subdivided land.
The LDRs prohibit transfer of less than one full development right, or 0.83 acres. Transfer
development rights are discussed in LDR Article 19.
15.A.16 Blocks and Lots
A. Purpose. The layout and configuration of blocks and building lots in relation to the street
network establishes the overall pattern of development, including the creation or extension of walkable,
pedestrian-friendly neighborhoods and mixed use developments. As such, the configuration of blocks
and building lots represent a fundamental component of subdivision design. Accordingly, the applicant must demonstrate that the proposed subdivision incorporates:
(3) Block faces and building lots that, where feasible, are oriented to maximize solar access and
gain;
(4) Regularly shaped building lots that front on, and minimize lot frontage or width along abutting
streets;
Staff has included these elements of the Blocks and Lots purpose statement as a guide to the Board
in their discussion of the specific standards outlined below.
C. Lots. All lots must be laid out to logically relate to topography and their intended use or
purpose. Building lots must be laid out within existing and planned street and block configurations, in
such a way that they can be developed in full compliance with their intended use and these Regulations.
Unless otherwise specified under these Regulations as applicable to the subdivision:
(7) Unless otherwise specified under these Regulations, building lots must have sufficient
developable area to accommodate proposed building types, associated yard or other required
open space areas, site drainage, utilities, or other improvements required under these
Regulations, including site plan standards under Article 14.
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Staff considers the applicant has demonstrated that these lots are buildable, though Lot 6A will
require an access easement over Lot 6B.
(8) A building lot generally must be rectangular in shape, with side lot lines that are perpendicular or radial to the abutting street, and rear lot lines that parallel the street, except as necessary to
accommodate existing rights-of-way or other physical site constraints (see Figure 2-1, Lots,
Yards and Lot Lines). Irregular or oddly shaped building lots, including flag and through lots,
are prohibited, except for:
(a) A flag lot, with a minimum of fifteen (15) feet of frontage on the abutting street, as
necessary to accommodate a back-lot subdivision and infill development within an existing
subdivision, block pattern, or development;
(b) A triangular or trapezoidal building lot defined by abutting streets that otherwise has
sufficient street frontage and lot area to meet minimum lot requirements; or
(c) A through lot with frontage on two parallel or intersecting streets that cannot be further
subdivided under minimum lot requirements, provided that front setback requirements can
be met on both streets.
Staff considers the proposed lot lines to be laid out to best meet these requirements given the
existing street rights-of-way.
(9) Building lots should be oriented and configured to minimize lot width (frontage) along the
street. The preferred building lot width to depth ratio is 1:2; however, a ratio of 1:1 to 1:5 may
be allowed as necessary to accommodate physical site constraints, stormwater drainage, or
rear lot access and parking.
Lot 6B does not meet the required lot ratio of 1:1. However, it is not possible to subdivide the lot
into the maximum of two lots and still meet the required ratio, therefore Staff recommends the
Board consider waiving this dimensional standard as permitted under 15.A.01B(3) due to physical
site limitations.
(10) Building lots must be configured to avoid or, where necessary, minimize rear lot lines that
abut side lot lines. Unless otherwise specified under these Regulations, corner lots must be
configured to meet lot frontage and front setback or build-to-zone requirements on all abutting
streets.
Lot 6B is a corner lot and is proposed to meet setback requirements. Lot 6A is not a corner lot.
Its northern property line is a side lot line, and abuts what will also be a side lot line if the proposed
development at 1170 & 1180 Dorset Street proceeds to final plat as preliminarily approved in
application #SD-22-03.
15.A.17 Mix of Dwelling Unit Types
A. Mix of Dwelling Unit Types and Architectural Features. A mix of dwelling unit types (i.e. cottage,
single family, two-family, small multi-family, townhouse, etc. etc.) and mix of architectural features and
styles must be provided within neighborhoods and developments. These must be mixed within blocks,
along the street and within neighborhoods rather than compartmentalized into sections of near-
identical unit types. An applicant for a subdivision shall submit a plan demonstrating how this mix will
be achieved for the Development Review Board’s consideration at the preliminary plat stage. Where a
Planned Unit Development approved under Article 15C establishes standards for a mix of dwelling unit
or building types, those standards shall supersede these herein.
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The proposed subdivision is for two homes. The existing homes on Foulsham Hollow Road are generally
the same architectural style. Given the small number of homes proposed, Staff considers no specific
restriction on dwelling unit types or architectural features beyond those specified in 13.17 Residential
Design for New Homes to be appropriate for this subdivision.
15.A.18 Infrastructure, Utilities, and Services
B. Potable Water Supply and Wastewater Systems.
The project is served by a private wastewater pump station that is approved to remain private. Staff
considers the applicant should demonstrate adequate capacity in the existing pump station, or a plan to
make the necessary upgrades, as part of the next application for the property.
The property is also located above the maximum elevation at which adequate water pressure can be
supplied. Staff recommends the Board work with the Director of Public Works and South Burlington
Water Department Director prior to the next application for the property to ensure that water pressure
will be adequate for the proposed homes.
C. Fire Protection. The subdivision must be laid out to ensure that adequate fire protection can
be provided in accordance with City specifications.
(a) Subdivision layout and design must also comply with applicable City and state public safety
and fire codes in effect at the time of application, including standards for minimum separation
distances between structures, street width, water flow and pressure, fire hydrant installation,
sprinkler systems, and emergency vehicle access.
(b) Fire hydrants connected to the municipal water system must be located and designed to
meet City specifications, as recommended by the Department of Public Works and City Fire Marshal.
For a subdivision that is not connected to the municipal system, the DRB may require the subdivider
to install hydrants, fire ponds or other measures necessary to provide adequate fire protection, as
recommended by the Fire Marshall.
The Fire Chief reviewed the plans on January 17, 2023 and offers the following comments.
If the property driveways are more than 150 feet in length off the public way - Foulsham Hollow
Rd, then a residential fire sprinkler system would be required to be installed to protect the
property.
D. Stormwater Facilities. The applicant must demonstrate that stormwater management system
serving the subdivision has been designed to meet City standards and specifications under Article 13 of
these regulations and the South Burlington Ordinance Regulating the use of Public and Private Sanitary
Sewerage and Stormwater Systems.
The City Stormwater Department reviewed the plans on January 27, 2023 and offers the following
comments.
The total proposed impervious within the development area appears to be less than ½ acre. As such,
there is no stormwater treatment required by the City under our Land Development Regulations. If
the amount of proposed impervious equals or exceeds ½ acre as the project progresses, the project
will be required to meet the standards laid out in section 13.05 of the City’s Land Development
Regulations.
G. Renewable Energy Facilities. The applicant must demonstrate that, to the extent physically
feasible, reasonable, and as appropriate to its development context, the subdivision has been designed
to incorporate best practices that maintain access to and use of renewable energy resources, e.g., to
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include one or more of the following as indicated on subdivision plans and plats:
(1) Street and building lots that are oriented to maximize solar access and gain, for passive solar
construction or rooftop solar installations.
(2) Parking lots or structures that are designed and constructed to accommodate electric vehicle
infrastructure, including charging stations and solar canopies or rooftop solar installations.
(3) One or more suitable open areas (“solar lots”) within the subdivision that are specifically designated
for a ground-mounted community or neighborhood solar installation.
(4) Solar access easements, as necessary to maintain solar access across adjoining building lots or
properties.
(5) Covenants, deed restrictions or other legal mechanisms that require “solar-ready” construction
within the subdivision.
Staff considers that the available options for lot layout are relatively limited and the proposed lot
configuration does not adversely affect the ability of the homes to maximize solar access and gain.
15.A.19 Required Improvements
A. General Standards. All required improvements must be designed and installed in accordance
with the design standards, development requirements, specifications and procedures set forth in these
Regulations and other applicable City regulations and standards. Typical plans and sections are
attached to these Regulations. Installation and design standards apply to both public and privately
owned required improvements. Proposed privately owned streets and other improvements shall be
marked as such on the final plat.
The Director of Public Works reviewed the plans on January 30, 2023 and offers the following comments.
• Do we have as-built information for the prior portions of the Foulsham hollow project? The force
main configuration is unclear to me (where they arrive from and where they leave the property
and connect to the publicly owned wastewater system). It is also unclear where existing gravity
lines are located.
• At this time, it is my understanding that all roads and utilities serving the Foulsham Hollow
development are privately owned. The City has an irrevocable offer for the roadway itself but
the utilities are specifically excluded. In order for the road to become public we’d need record
drawings to move that process forward. It is our understanding that some residents would like to
have this process completed, but I don’t believe they have any authority over the road at this
time.
• I support the elimination of a curb cut on Dorset Street to serve this property.
Staff recommends the Board direct the applicant to coordinate with the Department of Public Works and
provide the requested information pertaining to the sewer force main prior to the next application for the
property.
13.17 Residential Design for New Homes
C. Standards
(1) Building Orientation. Residential buildings must be oriented to the street, to an approved
civic space, or to a courtyard. Primary entries for single family and multi-family buildings must face the
street, civic space, or courtyard. Secondary building entries may open onto garages and/or parking
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areas. Buildings should be oriented to maximize living space and windows to the south, east and west.
Residential buildings should orient their rooflines to maximize solar gain potential, to the extent
possible within the context of the overall standards of the regulations.
Staff recommends the Board review the proposed placement of both buildings.
1. The building on Lot 6B is proposed to face the cul-de-sac portion of Foulsham Hollow Road. Staff
considers it could alternatively face the straight portion of Foulsham Hollow or face Dorset Street.
Staff recommends the Board discuss what configuration would result in the best compliance with the
street orientation purposes in multiple sections of the LDR. Two such sections follow.
15.A.14B(2) Street Orientation. The street layout should be oriented to maximize solar access
and gain on abutting building lots and block faces while remaining consistent with the existing
and planned pattern of development and local topography and completing connections as
required by this Article. Longer streets and block faces should either be aligned east-west or
north-south, within 20 degrees of true east or true north, in relation to anticipated building lot
and building roof orientation.
15.A.18G Renewable Energy Facilities. The applicant must demonstrate that, to the extent
physically feasible, reasonable, and as appropriate to its development context, the subdivision
has been designed to incorporate best practices that maintain access to and use of renewable
energy resources, e.g., to include one or more of the following as indicated on subdivision plans
and plats:
(1) Street and building lots that are oriented to maximize solar access and gain, for passive
solar construction or rooftop solar installations.
Of further relevance is the third sentence of this standard, pertaining to maximizing living space and
windows to the south, east and west.
2. Lot 6A is shown as being somewhat diagonal to the street. Staff recommends the Board discuss
whether they consider this proposed configuration to be an acceptable approximation of fronting on
the street. Staff considers a home whose front more closely paralleled the street would be possible.
(2) Building Façades. Building facades are encouraged to employ a theme and variation
approach. Buildings should include common elements to appear unified, but façades 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. Residential buildings with rear facades
that orient towards a public recreation path should employ rear porches, balconies, or other features to
enhance their architectural detail.
Staff recommends the Board direct the applicant to provide sample elevations demonstrating compliance
with this criterion at the next stage of review, accompanied by a statement of what elements of the
sample elevations the applicant is willing to commit to to ensure compliance with this criterion.
(3) Placement of Garages and Parking. For garages with a vehicle entrance that faces a front
lot line, the face of the garage that includes the vehicle entrance must be set back a minimum of eight
feet (8’) behind the front façade of a single or two-family dwelling. For buildings containing three or
more dwelling units, the requirements of Section 14.06A shall apply.
(a) The DRB or Administrative Officer may waive this provision for garages with vehicle
entries facing a side lot line, provided that (i) the garage is visually integrated into the single or two-
family dwelling; and (ii) the face of the garage that is oriented to the street is no more than eight
feet (8’) in front of the front façade of the house.
(b) Rear alleys are encouraged for small lot single-family houses, duplexes and townhouses.
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The provided conceptual layouts appear to meet these criteria. Staff recommends the Board direct
the applicant to demonstrate this with the sample elevations at the next stage of review.
(4) Garages as percentage of front façade. Front-facing garages that are part of a principal building
shall not exceed 40% of the linear width of the building’s front façade.
The provided conceptual layouts appear to meet these criteria. Staff recommends the Board direct the
applicant to demonstrate this with the sample elevations at the next stage of review.
15.A.05 Sketch Plan Review - Classification
Under LDR 15.A.05 regarding Sketch Plan Review, the Board must determine whether the project will
require master plan review under Article 15.B or review as a PUD under article 15.C. Based on the
above analysis, Staff considers the project to be a simple subdivision and not require master plan or PUD
review. Staff recommends the Board discuss whether they agree with this recommendation.
RECOMMENDATION
Staff recommends the Board discuss the project with the applicant and conclude the meeting.
Respectfully submitted,
Marla Keene, Development Review Planner