HomeMy WebLinkAboutSD-03-38 - Decision - 0895 Dorset StreetCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
HOMESTEAD DESIGN, INC. — PLANNED UNIT DEVELOPMENT
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Homestead Design, Inc, hereafter referred to as the applicant, is requesting preliminary plat plan
approval for a 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 and the Interstate Highway Overlay (IHO) District. The South Burlington
Development Review Board (DRB) held a public hearing on December 16, 2003. 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 DRB finds, concludes, and
decides the following:
FINDINGS OF FACT
1. The applicant is requesting preliminary plat plan approval for a 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 owner of record is J.A.M Properties, LLC.
3. The subject property contains 44.78 acres and is located within the Residential 2 (R2) District
and the Interstate Highway Overlay (IHO) District.
4. The plans consist of twenty-seven (27) sheets, page two (2) entitled "Heatherfield — Overall
Landscape Plan", prepared by T.J. Boyle Associates, dated October 24, 2003.
5. The Development Review Board reviewed the sketch plan on April 16, 2002.
6. The Preliminary Plat application was continued from the July 15, 2003 and November 4, 2003
Development Review Board meetings.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Table 1. Dimensional Requirements
R2 Zoning District 11
Required JF
Proposed
4 Min. Lot Size
11,000 SF
44.78 acres
Max. Building Coverage
20%
7.9%
Max. Overall Coverage
40%
20.6%
A Min. Front Setback
30 ft.
7 ft.
4 Min. Side Setback
5 ft.
<5 ft.
� Min. Rear Setback
5 ft.
L <5 ft.
zoning compliance
A waiver required
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.
This 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 Burlinaton Land Develooment Reaulations. PLIDs 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.
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.
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
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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 proposed project must 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 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
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.
On the plans submitted on December 4, 2003, 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 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. The City Engineer, Director of Public Works, and Fire Chief all
approved the plans.
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 attached. Staff feels 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.
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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 regard 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 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 4.02 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.
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.
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 has reviewed the plans.
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 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.
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
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connecting Dorset Street and Spear Street, which is being proposed. The applicant is requesting a
waiver from the sidewalk requirement along the "B, D, and E Lines." The Development Review
Board may grant this waiver under Section 15.02(A)(3) of the Land Development Regulations.
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.
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.
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'.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
Any newly installed utility lines, services, or service modifications shall be underground
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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.
Proposed architectural details must be included with the final plan submittal.
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 PUD
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.
Any newly installed utility lines, services, or service modifications shall be underground.
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 a chain link 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 solid 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 are
depicted on Sheets L-1 through L-9 on the plans dated October 24, 2003. In addition, the applicant
is required to submit a landscape budget in accordance with Table 13-9 of the Land Development
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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 $365,000. The applicant has submitted an adequate
landscape budget.
DECISION
Motion by Mark Boucher, seconded by Gayle Quimby, to approve Preliminary Plat Application
#SD-03-38, 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. 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 deeds 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.
4. Prior to the start of construction of the improvements described in condition #3 above, the
applicant shall post a bond which covers the cost of said improvements.
5. 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.
6. The plans shall be revised prior to final plat submittal as follows:
a. The plans shall be revised to include a detailed grading and erosion control plan.
b. The plans shall be revised to include proposed street names and E911 street addresses.
c. The plans shall be revised to show the location of proposed recreational vehicle parking areas. If
the applicant is planning to prohibit recreational vehicle parking on the property, draft Homeowners
Association documents containing language prohibiting recreational vehicle parking shall be
submitted with the final plat application.
d. The plans shall be revised to indicate the height of the proposed buildings from the average pre -
construction grade on the site.
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e. The plans shall be revised to substitute the IHO District for the C.O. District along the
Interstate.
f. The plans shall be revised to clearly depict adequate snow storage areas.
7. The applicant shall conform to the requests of the South Burlington Water Department, as
outlined in the letter from Jay Nadeau, dated July 11, 2003.
8. The applicant shall comply with the requests of the Fire Chief, dated October 31, 2003, prior to
submittal of the final plat plans.
9. The applicant shall comply with the requests of the South Burlington Recreation Path Committee,
as outlined in their letter dated November 4, 2003, prior to submittal of the final plat plans.
10. The applicant shall comply with the requests of the City Engineer, as outlined in his
"Comments" dated October 31, 2003, prior to submittal of the final plat plans.
11.Occupancy shall not take place in any of the units until the applicant has water allocation
approval from the South Burlington Water Department.
12. The applicant shall obtain wastewater capacity allocation from the Director of Planning and
Zoning, Juli Beth Hoover, prior to final approval.
13. 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.
14. Newly installed utility lines, services, and service modifications shall be underground.
15. Lighting details (cut -sheets) shall be submitted for building -mounted lights with the final plat
submittal.
16. Proposed architectural details shall be included with the final plan submittal.
17. The fence used to screen the proposed dumpster outside of Building A shall be opaque, and so
noted on the final plat plans.
18. Any other proposed dumpsters or facilities to handle solid waste shall be clearly shown on the
plan prior to final plan submittal.
19. Stormwater drainage plans must demonstrate compliance with the Vermont Stormwater
Management Manual, pursuant to Section 15.13(F) of the Land Development Regulations.
20. 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
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assure that the landscaping has taken root and has a good chance of surviving.
21. Pursuant to Section 15.08 (D) of the South Burlington Land Development Regulations, the
applicant shall submit homeowner's association legal documents prior to the issuance of the first
zoning permit. The documents that include language that:
a. ensures that the garages will not be converted to living space or used as primary
storage areas;
b. prohibits clearing or disturbance of land within wetlands or wetland buffers;
c. 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.
22. Pursuant to Section 15.02(A)(3) of the South Burlington Land Development Regulations, the
Development Review Board approves a maximum front yard setback waiver of 23', for a total
minimum front yard setback of 7'.
23. Pursuant to Section 15.02(A)(3) of the South Burlington Land Development Regulations, the
Development Review Board approves the proposed local public streets without sidewalks.
24. Pursuant to Section 15.12(D)(4) of the South Burlington Land Development Regulations, the
Development Review Board approves the proposed public streets with a pavement width of 26'.
25. Pursuant to Section 15.04(B) of the South Burlington Land Development Regulations, the
applicant shall submit, with the final plat application, a list of waivers and other relief sought
through PUD review from the strict dimensional standards, subdivision standards, site plan review
standards, or other applicable provisions of the South Burlington Land Development Regulations.
26. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, the
applicant shall submit a Certificate of Title, with the final plat application, showing the
ownership of all property and easements to be dedicated or acquired by the City, and said
Certificate of Title shall be approved by the City Attorney.
27. The final plat submittal shall include a letter from the U.S. Postal Service approving the
internal mail distribution facilities.
28. The applicant shall submit a final plat plan application within 12 months of this decision or
this approval is null and void.
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Chuck Bolton - yea/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 - yea/nay/abstain/not present
Motion Carried by a vote of 6-0-0.
Signed the day of December, 2003, by
John Dinklage, hair
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