HomeMy WebLinkAboutSD-10-03 - Decision - 0899 Dorset Street#SD-10-03
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
HOMESTEAD DESIGN, INC. - 899 DORSET STREET
FINAL PLAT APPLICATION #SD-10-03
FINDINGS OF FACT AND DECISION
Homestead Design Inc, hereafter referred to as the applicant, is seeking final plat
approval for a planned unit development consisting of: 1) subdividing a 6.3 acre lot
developed with a place of worship into two (2) lots of 4.27 acres (lot #1) and 2.03 acres
(lot #2) and 2) developing the 2.03 acre lot with 18 dwelling units consisting of three (3)
two-family dwelling and four (4) three -unit multi -family dwellings, 899 Dorset Street.
The Development Review Board held a public hearing on March 16, 2010. 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
1. The applicant is seeking final plat approval for a planned unit development consisting
of: 1) subdividing a 6.3 acre lot developed with a place of worship into two (2) lots of
4.27 acres (lot #1) and 2.03 acres (lot #2) and 2) developing the 2.03 acre lot with 18
dwelling units consisting of three (3) two-family dwelling and four (4) three -unit multi-
family dwellings, 899 Dorset Street.
2. The owner of record of the subject property is Faith United Methodist Church.
3. The application was received on February 4, 2010.
4. The subject property is located in the Residential 2 Zoning Districts.
5. The plan submitted consists of an 18 page set of plans, page two (2) entitled, "
Landscaping Plan Alder Hill Proposed Multi Family PUD Dorset Street South Burlington,
Vermont", dated 2/3/2010, last revised on 3/12/2010.
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
R2 Zoning District
Required
Proposed Lot 1
Proposed Lot 2
Min. Lot Size
n/a
n/a
n/a
Max. Density
4 units/acre
No residential
3.6 units/acre
Max. Building Coverage
20%
7.9%
13.7%
Max. Total Coverage
40%
34.8%
34.3%
4 Min. Front Setback
50 ft./30ft
>50 ft
20 ft
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Min. Side Setback
5 ft.
>5 ft
>5 ft
Min. Rear Setback
5 ft.
>5 ft
>5 ft
Max. Building Height
35-40 ft.*
<35 ft
<35 ft
4 Zoning compliance
+ Non compliant. Waiver required.
The applicant is proposing a front yard setback of only approximately twenty (20) feet, for a
front setback waiver of ten (10) feet. The Board should discuss this request. This is
consistent with the front yard setbacks of other homes in the Heatherfield development.
The Board supports this request as it creates a larger rear yard. Each building is proposed
to have a slightly different setback waiver. The applicant shall submit a list of the specific
setback waiver requested for each building.
Some of the islands for the parking spaces protrude into the new road right of way.
Although the stipulation in the preliminary plat approval was to cut them back, the new
Director of Public Works does not feel any changes are necessary.
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.
The South Burlington Water Department has reviewed the plans and made comments in a
letter dated February 12, 2010. The plans need some minor revisions.
According to Section 15.13 of the South Burlington Land Development Regulations, the
subdivider or developer shall connect to the public sewer system or provide a community
wastewater system approved by the City and the State in any subdivision where off -lot
wastewater is proposed.
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 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 South Burlington Stormwater Superintendent has reviewed the plans and provided
comments in an e-mail dated March 11, 2010.
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The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to the lot is proposed via a 24 foot wide proposed public road off of Songbird
Road. The minimum width required is 28 feet. The applicant is requesting a four (4) foot
reduction in the street width.
The applicant is proposing to end the road with a hammer -head turnaround. The Director
of Public Works has reviewed the plans and provided comments in a memo dated
February 16, 2010.
The proposed parking areas near the street provide just enough space for the required
stall length without leaving any extra space beyond the street right of way. Additionally,
the parking spaces in front of some of the units are not long enough to accommodate a
vehicle outside of the road right of way. The Director of Public Works will permit this but
has stated that the applicant should be aware that complications from snow -plowing or
street maintenance will not be at the fault of the City for vehicles extending into the right
of way.
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.
There do not appear to be any wetlands on the subject property. There is a minor tributary
of the Potash Brook which is on site; appropriate buffers are being met.
The applicant has submitted a survey plat with the final plat application, prepared by a
licensed land surveyor and in compliance with Section 15.08 (A)(11) of the South
Burlington Land Development Regulations.
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 purpose of the R2 District is to encourage moderate -density residential development,
serving as a transition area between higher density residential districts and low -density
districts. This project conforms to the planned development patterns in the area and the
stated purpose of the R2 Zoning District.
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 Board notes that there are very little open spaces remaining on the site as the
residential density has been allocated to only approximately 2 acres of the site; the
remainder of the site is not open but rather 40% covered with a building (church) and
parking areas.
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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 plans have been reviewed by the South Burlington Fire Department, see comments
dated March 12, 2010.
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 plans have been reviewed by the South Burlington City Engineer in a memo dated
2/25/2010.
The applicant is proposing a recreation path to connect Songbird Road with Indian Creek
Road. The Recreation Path Committee has reviewed this plan and are in favor of the
recreation path as proposed.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed project 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 of the South Burlington Land
Development Regulations 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 project accomplishes a desirable transition from structure to site and from
structure to structure. The site provides for safe pedestrian movement.
According to Table 13-1 of the South Burlington Land Development Regulations, the
proposed project will require 41 parking spaces (2 parking spaces per dwelling unit plus 1
parking space for every 4 units). A total of 41 parking spaces are proposed for the
development, with 18 garage spaces, 18 driveway spaces, and 5 off street parking spaces.
Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for
employees, residents, and visitors to the site. The plans depict a bicycle rack.
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Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Parking to the front of this style of residential development is appropriate and has been
favorably received by the DRB in the past.
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 applicant is proposing to stay within the height limitations of the district.
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 South Burlington Land Development Regulations, any
new utility lines 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. In
addition, the 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.
The applicant has submitted four-sided building elevation plans of the proposed project.
The Board finds that they are in conformance with this criterion.
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.
At this time, the Board does not feel it is necessary to reserve additional land for drives or
parking. However, per the note of the Public Works Director, the recreation path crosses
onto private property and so land is to be dedicated to the City.
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.
The Board has already noted that, pursuant to Section 15.13(E) of the South Burlington
Land Development Regulations, any new utility lines 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
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screened with opaque fencing to ensure that trash and debris do not escape the
enclosure(s).
All dumpsters and solid waste facilities shall be accessible, secure, and screened to the
satisfaction of the Development Review Board. There do not appear to be any trash
facilities proposed as part of this application; furthermore, similar residences in the
development utilize individual trash containers.
Landscaping and Screening Requirements
Based on building costs of $2,064,000, the applicant shall provide a minimum of $30,000 in
new trees and shrubs. The itemized landscaping budget prepared by the applicant far
exceeds this amount at over $70,000.
The City Arborist has reviewed the plans and provided comments in a memo dated March
12, 2010.
The City will be responsible for maintenance of street trees required per the South
Burlington Land Development Regulations. However, maintenance of all ground shrubs or
perennials shall be the responsibility of the property owner or related homeowners
association.
The applicant is proposing to install landscaping, other than street trees, within the land to
be dedicated to the City to connect this development with Songbird Road. This landscaping
shall be removed from the planting schedule as this landscaping cannot be credited
towards the applicant's landscaping requirement.
Other
DECISION
Motion by seconded by
to approve Final Plat Application #SD-10-03 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 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 and shall require approval of
the Administrative Officer. Four (4) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to recording the mylar.
a. The plans shall be revised to reflect the comments of the South Burlington Water
Department per the letter dated February 12, 2010.
b. The plans shall be revised to comply with the comments of the South Burlington
Director of Public Works, Justin Rabidoux, per the memo dated February 16,-2010.
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c. The landscaping plan shall be revised to comply with the comments of the City
Arborist, dated 3/12/2010.
d. The plans shall be revised to include any utility cabinets, HVAC units, retaining
walls, and similar items which might be proposed.
e. The plans shall be revised to include the approved street name.
f. The mailbox cluster shall be relocated outside of the street right-of-way, unless
otherwise approved by the Director of Public Works/City Engineer.
4. The Board grants a front yard setback waiver of approximately10 feet for a front yard
setback of approximately 20 feet. Prior to recording the final plat plans, the applicant
shall submit a list of the specific front setback waivers requested for each building.
5. The applicant shall obtain final wastewater allocation prior to permit issuance for each
building.
6. The applicant shall adhere to the comments of the City Arborist in a memo dated
3/12/2010.
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. The applicant shall provide the Stormwater Superintendent the stormwater system
modeling prior to issuance of the first zoning permit.
9. The Board grants a reduction of four (4) feet in the required road width, for a total road
width of twenty-four (24) feet.
10. The applicant shall adhere to the comments of the Fire Chief in a letter dated
3/12/2010.
11. The applicant shall adhere to the comments of the South Burlington Water Department
per the letter dated 2/12/2010.
12. The applicant shall adhere to the comments of the South Burlington City Engineer,
dated 2/25/2010 with the exception of item #2 in his memo.
13. All exterior lighting shall be downcast and shielded, and otherwise comply with Section
13.07 of the SBLDR.
14. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
15. The landscaping proposed within the city right of way shall be removed from the
itemized planting budget. It shall not count towards the applicant's landscaping
requirement.
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16. The applicant shall propose a new road name as the name proposed on the plans is
not acceptable. The Planning Commission shall review the proposed street name; the
final street name must be approved prior to recording the mylar.
17. No signs are approved as part of this application. The signs shown on the plans shall
be removed. The applicant should apply for signs separately, under the South
Burlington Sign Ordinance.
18. In accordance with Section 15.14 of the South Burlington Land Development
Regulations, within 14 days of 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.
19. Street trees must be in place along the street prior to adding the final layer of the
pavement.
20. The mylar shall be recorded prior to any zoning permit issuance.
21. The applicant shall post a $7,611 landscaping bond for the street trees prior to
issuance of the zoning permit for road construction and a $30,000 landscaping bond
for site landscaping prior to issuance of the first permit for the first building. These
bonds shall remain in full effect for three (3) years from planting to assure that the
landscaping has taken root and has a good chance of survival.
22. Pursuant to Section 15.17 of the Land Development Regulations, the applicant shall
submit a Certificate of Title showing the ownership of all property and easements to
be dedicated or acquired by the City to be approved by the City Attorney prior to
recording the mylar.
23. Prior to issuance of a zoning permit for the first building or start of utility or road
construction, all appropriate legal documents including easements (e.g. irrevocable
offer of dedication and warranty deed for proposed public road, and utility, sewer,
water, recreation path, etc.) shall be submitted to the City Attorney for approval and
recorded in the South Burlington land records.
24. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to occupancy of the three (3) unit multi -family dwellings.
25. The applicant shall obtain a zoning permit for the first building within six (6) months
of this approval. The Development Review Board grants a period of five (5) years for
approval of the remainder of the buildings. At such time as the five years is reached
and the applicant has not sought a zoning permit for the remainder of the buildings,
they shall be eligible, per Section 17.04 of the South Burlington Land Development
Regulations, for one (1) extension to an approval if the application takes place before
the approval has expired and if the Development Review Board determines that
conditions are essentially unchanged from the time of the original approval. In
granting such an extension, the Development Review Board may specify a period of
time up to one (1) year for the extension.
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26. Prior to start of construction of the improvements described in condition #23 above,
the applicant shall post a bond which covers the cost of said improvements, the
amount of which must be approved by the City Engineer.
27. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
28. The final plat plan (sheet SP-2 and survey plat) shall be recorded in the land records
within 180 days or this approval is null and void. The plan shall be signed by the
Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the
applicant shall submit a copy of the survey plat in digital format. The format of the
digital information shall require approval of the South Burlington GIS Coordinator.
Mark Behr —��a nay/abs in/not present
Matthew Bir Inn— er nay/abstain/not present
John Dinklagnay/abstain/not present
Roger Farleyay/abstain/not present
Eric Knudseay/abstain/notpresent
Gayle Quimbnay/abstain/ of presentBill Stuono —/abstain/not p se
Motion carried by a vote of (D - 0- U
Signed this ,�? day of 2010, by
� � \ '12
/ John Dinklage, Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $250.00. 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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