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HomeMy WebLinkAboutSD-08-62 - Decision - 0899 Dorset StreetCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING HOMESTEAD DESIGN, INC.- PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT APPLICATION #SD-08-62 FINDINGS of FACT AND DECISION Homestead Design Inc, hereafter referred to as the applicant, is seeking preliminary 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 one (1) two-family dwelling, four (4) three (3) unit multi -family dwellings and one (1) four (4) unit multi -family dwelling, 899 Dorset Street. The South Burlington Development Review Board held a public hearing on February 3, 2009. 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 requesting final plat plan 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 one (1) two-family dwelling, four (4) three (3) unit multi- family dwellings and one (1) four (4) unit multi -family dwelling, 899 Dorset Street. 2. The owner of record is Faith United Methodist Church. 3. The subject property contains 6.3 acres and is located in the R2 Zoning District. 4. The plans consist of a 17 page set of plans, page one (1) entitled "Overall Site Plan Alder Hill Proposed Multi -Family PUD Dorset Street South Burlington, Vermont," prepared by Krebs & Lansing Consulting Engineers, Inc., dated December 11, 2008. 5. The South Burlington Development Review Board reviewed the sketch plan for the project on April 1, 2008. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements R2 Zoning District 11 Required-11 Proposed I Proposed Lot 2 Min. Lot Size n/a n/a n/a A Max. Density 4 units/acre No residential 3.6 units/acre Max. Building Coverage 20% 7.9% 14.1 % Max. Total Coverage 40% 35.8% 34.0% A Min. Front Setback 50 ft./30ft 1 >50 ft 1 5 ft A 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 �l Zoning compliance 4 Non compliant. Waiver required. The applicant is proposing a front yard setback of only five (5) feet, for a front setback waiver of twenty-five (25) feet. The Board should discuss this request. This is consistent with the front yard setbacks of other homes in the Heatherfield development. The Board is supportive of this request as it creates a larger rear yard. Some of the islands for the parking spaces protrude into the new road right of way. The Director of Public Works agrees with the Board that these shall be cut back. Neither the islands, nor the mailboxes proposed upon them, shall be located within the right of way. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comely with the followina 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 December 23, 2008. The plans need 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. 051 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 a memo dated December 19, 2008. The plans require revisions. 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 January 9, 2009. Furthermore, there are sections of curbing from the driveways that extend into the road right of way. 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 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 preliminary 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. 3 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 35.8% covered with a building (church) and parking areas. 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. 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 applicant is proposing a recreation path to connect Songbird Road with Indian Creek Road. The Recreation Path Committee has been working with the applicant on this issue and shall continue to. The Board and the Recreation Path Committee both feel very strongly that this recreation path must be a part of this plan. The Board does point to the comments made by the Director of Public Works with respect to the path's meandering. 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 also 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 40 parking spaces are proposed for the development, with 18 garage spaces, 12 driveway spaces, and 10 off street parking spaces. Therefore, the applicant is requesting a waiver of 1 space, or 2.4%. 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. 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. 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 believe 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. This shall be either moved into the land to be dedicated to the City, or an additional easement should be provided. 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 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 screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). 5 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 $2,250,000, the applicant shall provide a minimum of $30,000 in new trees and shrubs. The applicant has not yet provided an itemized landscaping budget. DECISION Motion by k,�'- seconded by to approve Prelimi ar Plat A licati6n #SD-08-62 of Homestead Design, I c. subject to the pp Y pp 9 J 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 reflect the comments of the South Burlington Water Department per the letter dated December 23, 2008. b. The plans shall be revised to cut back the islands so that neither they, nor the mailboxes proposed upon them, protrude into the road right of way. c. The plans shall be revised to comply with the comments of the South Burlington Stormwater Superintendent per the memo dated December 19, 2008. d. The plans shall be revised to comply with the comments of the South Burlington Director of Public Works per the memo dated January 9, 2009. e. The plans shall be revised to ensure that all spaces are able to accommodate a vehicle outside of the right of way. f. The plans shall be revised to depict all proposed exterior lighting (specifically a point by point plan, and details for the recreation path). g. The plans shall be revised to include any utility cabinets, HVAC units, retaining walls, and similar items which might be proposed. h. The planting schedule on the landscaping plan shall be revised to separate the street trees from the site landscaping. i. The plans shall be revised to comply with the comments of the South Burlington City Engineer per memo dated January 30, 2009 (with the exception of comment #1). j. The Planning and Zoning Information notes on sheet SP-1 for the lot area of lot #2 shall be revised to 2.45 acres. k. The survey plat shall be revised to show the access easement for the turn- around at the end of the street and all other proposed City easements. 7. The applicant shall obtain preliminary wastewater allocation prior to final plat approval 8. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 9. The Board grants a reduction of four (4) feet in the required road width, for a total road width of twenty-eight (24) feet. 10. The plans shall be reviewed by the South Burlington Fire Department, prior to approval of the final plat application. 11. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 12. The Development Review Board grants a parking waiver of one parking space, or 2.4%. 13. The applicant shall submit a landscaping budget in accordance with Sections 13.06(F) and 13.06(G) of the Land Development Regulations as part of the final plat submittal for the street trees and the site landscaping separately. This shall also include the name and firm of the landscape professional who prepared the landscape plan. 14. The City Arborist shall review and provide comments on the landscape plans, prior to final approval. 15. The applicant shall submit addresses based on E-911 addressing standards with the final plat application. 7 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. 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. 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. 18. 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 25', for a total minimum front yard setback of 5'. 19. The applicant shall submit a final plat application for the infrastructure proposed on the adjacent Heatherfield development simultaneously with the submission of the final plat application for this development. 20. The proposed entrance sign is not being approved as part of this review process. All signs must be approved under the South Burlington Sign Ordinance. 21. 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 south 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. 22. 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. 23. The final plat submittal shall include a letter from the U.S. Postal Service approving the internal mail distribution facilities. 24. The applicant shall submit a final plat plan application within 12 months of this decision or this approval is null and void. Mark Behr -onay/abstain/not presen Matthew Birmin h - yea/nay/abstai /not present' John Dinklage ay/abstain/not present Roger Farley - present tenay/abstain/not Eric Knudsen -y/abstain/not present Peter Plumeaunay/abstain/not present Gayle Quimby ay/abstain/not present Motion carried by a vote of (�q 6 1 0 Signed this l/J day of February, 2009 Dinklage, Chair 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). E