HomeMy WebLinkAboutSD-04-51 - Decision - 0895 Dorset StreetCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
HOMESTEAD DESIGN, INC. — PLANNED UNIT DEVELOPMENT- 895 DORSET ST.
FINAL PLAT APPLICATION #SD-04-51
FINDINGS of FACT AND DECISION
Homestead Design, Inc, hereafter referred to as the applicant, is requesting final plat
plan approval for an 89-unit planned unit development consisting of: 1) nine (9) 3-unit
multi -family dwellings, 2) fourteen (14) 4-unit multi -family dwellings, and 3) one (1) 6-
unit multi -family dwelling, 895 Dorset Street. The subject property contains 44.78 acres
and is located within the Residential 2 (R2) District. The Development Review Board
granted preliminary plat approval for the proposed project on December 9, 2003. The
Development Review Board held a public hearing on August 3, 2004 for final plat
review. Bill Nedde 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
The applicant is requesting final plat plan approval for an 89-unit planned unit
development consisting of: 1) nine (9) 3-unit multi -family dwellings, 2) fourteen
(14) 4-unit multi -family dwellings, and 3) one (1) 6-unit multi -family dwelling, 895
Dorset Street.
2. The owners of record JAM Properties, LLC
3. The subject property contains 44.78 acres and is located within the Residential 2
(R2) District and the IHO District
4. The plans consist of a 36 page set of plans, page two (2) entitled "Final Plat
Heatherfield - Dorset Street & Spear Streets - South Burlington, Vermont",
prepared by Krebs & Lansing Consulting Engineers, Inc, dated June 10, 2004.
5. The Development Review Board granted preliminary plat approval for the
proposed project on December 9, 2003.
Post -it® Fax Note 7671
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ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
F77*i—Zoniing District
Required
Proposed
Min. Lot Size
11,000 SF
44.78 acres
Max. Building Coverage
20%
7.9%
Max. Overall Coverage
40%
20.6%
4. Min. Front Setback
30 ft.
7 ft.
Min. Side Setback
5 ft.
<5 ft.
Min. Rear Setback
5 ft.
<5 ft.
zoning compliance
waiver required pursuant to Section 15.02(A)(3) of the Land
Development Regulations
Setbacks
Pursuant to Section 15.02(A)(3) of the Land Development Regulations, the applicant is
requesting a maximum front yard setback waiver of 23', for a total minimum front yard
setback of 7'. This setback waiver is necessary to accommodate the 50' right-of-way for the
required public streets. The Board strongly supports this setback waiver, as the project has
been manipulated many times to respect the existing wetlands on the site and the buildings
cannot be rearranged any further. Also, the setback is being calculated from the right-of-
way, not the street itself, so the plan is not changing from an aesthetic point.
Stormwater
The proposed project has been designed to meet the current State of Vermont Stormwater
Regulations. A portion of the stormwater treatment system, including a portion of a
landscape berm, is located within the Interstate Highway Overlay District (IHO). This use is
permitted under Section 10.04(C)(2)(e) of the Land Development Regulations.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs
shall comply with the following standards and conditions:
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.
WM
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. In addition, Jay Nadeau
reviewed the preliminary plans and provided comments in a memorandum dated July 11,
2003. The final plat plans only have minor revisions from the preliminary plat plans, so the
original comments from the South Burlington Water Department still stand.
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.
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's grading and erosion control plan are included on sheets SP-2 through SP-8
of the plans. The erosion control details are outlined on sheet D-5 of the plans.
The project incorporates access, circulation and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to this development is provided by a new 28' wide public street that connects
Dorset Street to Spear Street. This street is designed to include traffic calming devices to
discourage cut -through traffic. Clusters of buildings are proposed to be served by two (2)
26' wide private streets and three (3) 26' wide public streets. The six (6) unit multi -family
dwelling would be serviced by a driveway off of Songbird Road (A -Line) located
approximately 160 feet from Spear Street.
Pursuant Section 15.12(2) of the Land Development Regulations, a roadway shall be built
to City standards and dedicated to the City as a public roadway if: a) the proposed roadway
has only one (1) point of access on another existing or proposed public roadway and
serves more than ten (10) dwelling units in any configuration, or b) the proposed roadway
has two (2) points of access on a public roadway and serves more than twenty (20)
dwelling units in any configuration.
The proposed "B-Line" and "E-Line" both have one (1) point of access on a proposed public
roadway and serve more than ten (10) dwelling units. In addition, the proposed "D-Line"
has two (2) points of access on a public roadway and serves more than twenty (20)
dwelling units. The proposed public roadways serving them have a 26' pavement width
within a 50' wide right-of-way. Pursuant to 15.12(D)(4) of the Land Development
Regulations, the Development Review Board may modify the standards for public roadways
outlined in Table 15-1 of the Land Development Regulations. They shall, however,
consider the recommendations of the City Engineer, Director of Public Works, and Fire
Chief with respect to the City's ability to provide public services to the proposed subdivision
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or PUD. On November 21, 2003 staff met with the applicant, City Engineer, Director of
Public Works, and Fire Chief to review the plans for the proposed project.
A traffic study was prepared for the proposed project to study the additional traffic impacts
of the 89 units. The conclusions of the study are hereby incorporated by reference. The
applicant has made the necessary provisions to comply with the recommendations
Lamoureux and Dickinson Consulting Engineers.
Circulation within the proposed PUD is sufficient.
The applicant is proposing to construct right-hand turning lanes at both the Spear
Street and Dorset Street intersections on the project's main roadway. This will serve as
the major traffic -calming measure within the proposed development.
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 only issue with regards to natural resources on this site is the disturbance of wetlands
throughout the PUD. The wetland disturbance was a major concern at the sketch plan
stage and previous preliminary review stages. The proposed development has been
manipulated several times to relocate and cluster the dwelling units. In addition, the
proposed roadways have been altered to respect the wetlands on the site. The applicant
has put forth a solid effort to minimize the disturbance to the wetlands on the property and
has complied with the recommendations made by Cathy O'Brien Wetland Consulting, as
outlined in their letter dated April 10, 2001.
The South Burlington Natural Resources Committee recommended approval of the
proposed project with the following conditions:
a. there should be no pesticide or herbicide application within the wetlands or their buffers;
b. there should be no mowing within the wetlands or their buffers,
c. there should be no planting of non-native vegetative species within the wetlands or their
buffers;
d. there should be no removal of existing natural, native vegetation from wetlands or their
buffers.
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 districts) in which it is located.
According to Section 4.02 of the South Burlington Land Development Regulations, the R2
District is formed to encourage moderate -density residential development.
The proposed project is in conformance with the South Burlington Comprehensive Plan and
stated purpose of the R2 District. The maximum allowable density of this PUD is 89 units
(2x44.78), which is the number of units being proposed.
M
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.
The above -mentioned criterion is adequately met through this proposal. The applicant has
revised the original layout of this PUD to produce a more "clustered" development that has
reduced impacts on the wetlands on the property and increase open space throughout the
project.
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 reviewed the plans and provided comments in a
memorandum dated June 24, 2004. In his memorandum he stated that he was not clear on
the height of trees in front of buildings at potential rescue points. Also, he still had
concerns regarding the turn around on the dead end street serving Building B and G. The
applicant has agreed to add sprinklers these two (2) buildings to eliminate the need for the
turn -around.
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.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
The above -mentioned criteria are adequately met with this proposed PUD.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
All proposed lighting must comply with Appendix D in the South Burlington Land
Development Regulations. Streetlights are proposed along both sides of the public and
private streets. Lighting details (cut -sheets) for the street lighting were provided by the
applicant. Staff recommended that the applicant use either the lantern type of street light
used in the VNCC development or the black cobra head type fixture. In addition, lighting
details (cut -sheets) for the exterior of the buildings have been submitted. The applicant is
proposing a ten (10)' wide recreation path along the "A -Line" in place of a sidewalk. The
South Burlington Recreation Path Committee reviewed the plans and provided comments,
dated June 5, 2003. The Committee recommended a 10' wide recreation path connecting
Dorset Street and Spear Street, which is being proposed. The applicant is requesting a
waiver from the sidewalk requirement along the "B-Line." The Development Review Board
may grant this waiver under Section 15.02(A)(3) of the Land Development Regulations.
Staff supports granting this waiver. The Director of Public Works, Bruce Hoar, reviewed the
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plans and provided comments, specifically regarding the sidewalk along the "D-Line", in a
memorandum dated July 29, 2004.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed PUD is consistent with the South Burlington Comprehensive Plan.
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 establishes the following general
review standards for all site plan applications:
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 proposed PUD accomplishes a desirable transition from structure to site and from
structure to structure. The proposed PUD also provides for adequate planting and safe
pedestrian movement.
According to Table 13-1 of the South Burlington Land Development Regulations, a total of
201 parking spaces are required for this PUD. A total of 346 parking spaces are being
proposed. Each of the multi -family units (excluding Building A) has a two (2) car garage and
the ability to park two (2) cars in the driveway, for a total of four (4) spaces per unit.
Building A is proposed to have an underground parking facility with ten (10) spaces. An
additional four (4) spaces are proposed outside Building A.
Recreational vehicle parking is required in a PUD this size, unless the developer clearly
states in the Homeowner's Association documents that recreational vehicles are prohibited
in the PUD. At this point in time, recreation vehicles will be prohibited on the subject
property.
A bicycle rack is shown on the plans.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The proposed parking locations are adequate.
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.
M
The scale of the proposed buildings is compatible with the site. According to Section 3.07
of the South Burlington Land Development Regulations, the maximum height of the
buildings in this PUD shall not exceed 40'. The applicant has submitted a table showing
the height of each individual building from average pre -construction grade.
Newly 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 Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
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.
This requirement is adequately met through the proposed PUD. Building elevation details
were submitted by the applicant. In addition, the project incorporates extensive landscaping
throughout the property.
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.
This requirement is adequately met through the proposed structures. Building elevation
details were submitted by the applicant.
In addition to the above general review standards, site plan applications shall meet the
following specific standards as set forth in Section 14.07 of the South Burlington Land
Development Regulations.. -
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 site is bordered on three sides by roads, so the reservation of land to
provide access to abutting properties will not be necessary.
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 Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
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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 plans currently show a dumpster outside of Building A with an opaque fence as a
screening mechanism.
Landscaping
Landscaping will be a major component of the project's compliance with Article 12 of the
South Burlington Land Development Regulations. A planting analysis plan showing
proposed improvements, areas where existing tree cover will remain, wetland buffers, and
soil delineation has been submitted. The planting analysis plan is consistent with the
recommendations of staff, the Natural Resource Committee (NRC), and the Development
Review Board.
Pursuant to Section 13.06 of the Land Development Regulations, the applicant must submit
a detailed landscaping plan, including a street tree planting plan. The landscaping plans
and details are depicted on Sheets L-1 through L-9 of the plans. In addition, the applicant
is required to submit a landscape budget in accordance with Table 13-9 of the Land
Development Regulations, to ensure that the minimum landscaping requirement is being
met. Based on the building costs of the proposed project, the minimum landscape
requirement for approval is $163,250. However, due to the size of the project and the
wetlands issues on the property, the applicant has proposed a landscaping cost of
$267,383. The value of the street trees is estimated at $34,255. The applicant has
submitted an adequate landscape budget.
The City Arborist reviewed the plans and provided comments in a memorandum dated
July 27, 2004.
Other
The City Engineer reviewed the plans and provided comments in a memorandum dated
July 29, 2004.
DECISION
Motion by Gayle Quimby, seconded by Chuck Bolton, to approve Final Plat Application
#SD-04-51 of Homestead Design, Inc., 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. The plat plans shall be revised to show the following changes and shall require approval
from the Administrative Officer. Four (4) copies of the approved revised plat plans shall be
submitted to the Administrative Officer prior to recording:
a) The plans (site plans & survey plats) shall be revised to show street names in
place of A -Line, B-Line, etc.
b) The plans shall be revised to show Enhanced 911 address changes as
requested by the Enhanced 911 Coordinator.
c) The plans shall be revised to comply with the requests of the South Burlington
Water Department, as outlined in the letter from Jay Nadeau, dated July 11,
2003. The revised plans shall be accompanied by a letter from Jay Nadeau
approving the requested revisions.
d) The plans shall be revised to comply with the requests of the Director of Public
Works, Bruce Hoar, as outlined in his memorandum dated July 29, 2004.
e) The plans shall be revised to comply with the requests of the City Arborist, as
outlined in his letter dated July 27, 2004.
f) The plans shall be revised to comply with the requests of the City Engineer,
as outlined in his memorandum dated July 29, 2004.
4. Pursuant to Section 15.02(A)(3) of the Land Development Regulations, the Development
Review Board grants the applicant a maximum front yard setback waiver of 23', for a total
minimum front yard setback of 7' as shown on the plans.
5. Occupancy shall not take place in any of the units until the applicant has water allocation
approval from the South Burlington Water Department.
6. The applicant shall obtain preliminary wastewater capacity allocation from the Director of
Planning and Zoning, Juli Beth Hoover, prior recording of the final plat plans.
7. 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.
8. Pursuant to Section 15.12(D)(4) of the Land Development Regulations, the Development
Review Board approves a modification of the standards for public roadway construction
from a 28' pavement width to a 26' pavement width.
9. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
10. Building B & G shall be sprinklered.
11. The applicant shall install the lantern -type street light fixtures used in the VNCC
development, or a similar street light fixture type, to be approved by the Director of Planning
and Zoning.
12. The applicant shall post a $34, 255 landscape bond for street trees prior to the start of
road construction and a $163,250 landscape bond for the remainder of the landscaping
prior to the issuance of the first zoning permit. These bonds shall remain in effect for three
(3) years to assure that the landscaping has taken root and has a good chance of surviving.
13. Pursuant to Section 15.08(D) of the South Burlington Land Development Regulations,
the applicant shall submit homeowner's association legal documents approved by the City
Attorney prior to the issuance of the first zoning permit. The documents shall include
language that:
a) ensures that the garages will not be converted to living space,
b) prohibits the storage and parking of recreational vehicles within the
development;
c) prohibits clearing of land, disturbance of land, or application of pesticides within
wetlands or wetland buffers;
d) ensures that the association shall assume all maintenance responsibilities for all
the sewage pumping stations, if private;
AND
e) ensures that the association shall assume all maintenance responsibilities for the
stormwater drainage facilities until such time as a future City stormwater utility
accepts the stormwater infrastructure.
14. Garages in the multi -family dwellings shall not be converted to living space.
15. The storage and parking of recreational vehicles within the development is prohibited.
16. The clearing of land, disturbance of land, or application of pesticides within wetlands or
wetland buffers is prohibited.
17. The homeowners association shall assume all maintenance responsibilities for the
sewage pumping stations, if private.
KIIII
18. The association shall assume all maintenance responsibilities for the stormwater
drainage facilities until such time as a future City stormwater utility accepts the stormwater
infrastructure.
19. Pursuant to Section 15.17 of the South Burlington Land Development Regulations,
prior to issuance of the first zoning permit or start of utility or road construction, 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 recreation paths, etc.) to the City Attorney for approval and recorded
in the South Burlington Land Records.
20. Prior to the start of construction of the improvements described in condition #19 (roads,
utilities, etc.) above, the applicant shall post a bond which covers the cost of said
improvements.
21. Pursuant to Section 15.14(E)(2) of the South Burlington Land Development
Regulations, within 14 days of the completion of required improvements (e.g. roads, water
mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineer,
"as -built" construction drawings certified by a licensed engineer.
22. The applicant shall comply with the requests of the South Burlington Natural
Resources Committee, as follows:
a) there should be no pesticide or herbicide application within the wetlands or their
buffers;
b) there should be no mowing within the wetlands or their buffers;
c) there should be no planting of non-native vegetative species within the wetlands
or their buffers;
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d) there should be no removal of existing natural, native vegetation from wetlands
or their buffers.
23. Pursuant to Section 15.02(A)(3) of the Land Development Regulations, the
Development Review Board grants the applicant a waiver from the sidewalk requirement
along the "B-Line".
24. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
25. The final plat plans (survey plat sheets FP-1 and FP-2) shall be recorded in the
land records within 90 days or this approval is null and void. The plans shall be signed
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by the Board Chair or Clerk prior to recording. Prior to recording of the final plat plans,
the applicant shall submit a copy of the survey plats in digital format. The format of the
digital information shall require approval of the Director of Planning & Zoning.
Chuck Bolton -
y�a/nay/abstain/not present
Mark Boucher
- yea/nay/abstain/not present
John Dinklage
- yea/nay/abstain/not present
Roger Farley -
yea/nay/abstain/not present
Michele Kupersmith
- yea/nay/abstain/not present
Larry Kupferman - yea/nay/abstain/not present
Gayle Quimby
-)Lea/nay/abstain/not present
Motion Carried by a vote of 5-0-0.
-f Signed this l �� Iday of August, 2004 by
Gay, uimby, Chair 117
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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