HomeMy WebLinkAboutSD-07-24 SD-07-25 - Decision - 1500 Dorset Street#SD-07-24
#SD-07-25
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
WILLIAM DAILEY — 5 LOT SUBDIVISION — 1500 DORSET STREET
PRELIMINARY PLAT APPLICATION #SD-07-24
FINAL PLAT APPLICATION #SD-07-25
FINDINGS OF FACT AND DECISION
Bill Dailey, hereinafter referred to as the applicant, is seeking preliminary plat and final
plat approval to subdivide an 11.65 acre lot into five (5) lots ranging in size from 1.01
acres to 6.23 acres, 1500 Dorset Street. The Development Review Board held a public
hearing on Tuesday, June 5, 2007. Bob Gallo 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 preliminary plat and final plat approval to subdivide an
11.65 acre lot into five (5) lots ranging in size from 1.01 acres to 6.23 acres, 1500
Dorset Street.
2. The owner of record of the subject property is William Dailey.
3. The subject property is located in the Southeast Quadrant — Neighborhood
Residential (SEQ-NR) Zoning District and the Southeast Quadrant — Village
Residential (SEQ-VR) Zoning District.
4. The plans submitted consist of a six (6) page set of plans, page one (1) entitled,
"Subdivision Plat Tax Map 67, lot 1500 William E. Dailey, III 1500 Dorset Street
South Burlington, VT", prepared by Trudell Consulting Engineers, dated 4/2/07,
last revised on 5/24/07.
- 1 -
#S D-07-24
#SD-07-25
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
SEQ-NR
SEQ-VR
Zoning District
Requirement/Limitation
Proposed
Min. Lot Size
12,OOO SF
43,560 SF
Max. Density
1.2 units/acre base density
.43 units/acre
♦ Max. Building Coverage
15%
<15%
♦ Max. Total Coverage
30%
<30%
♦ Min. Front Setback
20 ft.
>20 ft.
♦ Min. Side Setback
10 ft.
>10 ft.
♦Min. Rear Setback
30 ft.
>30 ft.
zoning compliance
♦ No buildings are proposed at this time; therefore this criterion will be
enforced by the administrative officer at such a time as the applicant
proposes buildings for the lots. The applicant has stated that they
will be within the allowable dimensions.
All land development, including but not limited to expansions, sunrooms, and decks shall
be limited to the building envelope shown on the plans submitted as part of this application
and shall be permitted through zoning permits by the Administrative Officer.
SUBDIVISION CRITERION
Pursuant to Section 15.18 of the South Burlington Land Development Regulations
(SBLDR), subdivisions shall comply with the following standards and conditions:
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 standards for this criterion are found below in a review of the regulations of the
Southeast Quadrant.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed subdivision of this property is in conformance with the South Burlington
Comprehensive Plan.
-2-
#SD-07-24
#SD-07-25
Southeast Quadrant District
This proposed subdivision is located in the southeast quadrant district. Therefore it is
subject to the provisions of Section 9 of the SBLDR.
9.06 Dimensional and Design Requirements Applicable to All Sub -Districts
The following standards shall apply to development and improvements within the
entire Southeast Quadrant Zoning District.
A. Height.
(1) The maximum height of any occupied structure in the SEQ-NRP, SEQ-NRT, or
SEQ-NR sub -district shall not exceed forty-five feet (45'); the waiver provisions
of Section 3.07(E) shall not apply to occupied structures in these sub -districts.
(2) The maximum height of any occupied structure in the SEQ-VR or SEQ-VC
sub -district shall not exceed fifty feet (50'); the waiver provisions of Section
3.07(E) shall not apply to occupied structures in these sub -districts.
The applicant has stated that the height of the buildings will not exceed the limitations of
the district.
B. Open Space and Resource Protection.
(1) Open space areas on the site shall be located in such a way as to maximize
opportunities for creating usable, contiguous open spaces between adjoining
parcels
The subject property contains Class III wetlands. The layout of the proposed subdivision
has been revised to respect the wetlands with as few crossings as possible. A single
private road is proposed which avoids the wetlands to the greatest extent possible. The
road does cross the wetland at the property line near Dorset Heights. This is unavoidable
without relocating the entrance which already exists to serve the Schmucker property to the
north. The applicant is requesting a waiver which would allow them to infringe 25 feet into
the wetland's 50 foot buffer. This infringement has been supported by the State wetland
ecologist. The Board supports this infringement if the wetlands are indeed as low -value as
the applicant claims.
The applicant is proposing to delineate the 25 foot wetland buffer on Lot 1 and portions of
Lot 3 and 4 using a row of cedars. Similar treatment has been given to the smaller pockets
of wetlands on the western edge of Lots 3 and 4 using split rail fencing.
The Board also recommends that the applicant prohibit use of pesticides or non -organic
fertilizers. This prohibition can be accomplished via legal documents at the time the lots are
sold.
(2) Building lots, streets and other structures shall be located in a manner
consistent with the Regulating Plan for the applicable subdistrict allowing
carefully planned development at the average densities provided in this bylaw.
The Board's previous concerns regarding the layout of the lots have been addressed with
this submission. The reduction in roads will better comply with Section 9.07 of the South
-3-
#S D-07-24
#SD-07-25
Burlington Land Development Regulations which states that "the regulating plan contains
basic land planning and neighborhood design criterion that are intended to foster attractive
and walkable neighborhood development patterns ....... intended to address basic
neighborhood design relationships related to scale, connectivity, and overall orientation that
promote pedestrian friendly development."
(3) A plan for the proposed open spaces and/or natural areas and their ongoing
management shall be established by the applicant.
The Board, in consultation with Staff the Director of Planning and Zoning, recommends
that this provision be waived given the scale of the proposed project
(4) Sufficient grading and erosion controls shall be employed during construction
and after construction to prevent soil erosion and runoff from creating unhealthy
or dangerous conditions on the subject property and adjacent properties. In
making this finding, the Development Review Board may rely on evidence that the
project will be covered under the General Permit for Construction issued by the
Vermont Department of Environmental Conservation.
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 applicant has submitted a sufficient grading and erosion control plan
(5) Sufficient suitable landscaping and fencing shall be provided to protect
wetland, stream, or primary or natural community areas and buffers in a manner
that is aesthetically compatible with the surrounding landscape. Chain link
fencing other than for agricultural purposes shall be prohibited within PUDs; the
use of split rail or other fencing made of natural materials is encouraged.
It has been previously stated that there are some concerns regarding the impacts to the
wetlands and wetlands buffer proposed in this application. The applicant is proposing to
encroach 25 feet into the 50 foot wetland buffer in some areas. The applicant had
submitted a wetlands functions and values assessment which detailed the functions of the
existing wetlands and the possible adverse impacts which could result from the proposed
roadways. The Board has reviewed the report and was generally okay with the impacts
previously presented.
C. Agriculture. The conservation of existing agricultural production values is
encouraged through development planning that supports agricultural uses
(including but not limited to development plans that create contiguous areas of
agricultural use), provides buffer areas between existing agricultural operations
and new development, roads, and infrastructure, or creates new opportunities for
agricultural use (on any soil group) such as but not limited to community -
supported agriculture. Provisions that enhance overall neighborhood and natural
resource values rather than preservation of specific soil types are strongly
encouraged.
BEIM
#SD-07-24
#SD-07-25
This criterion is not applicable to this application
D. Public Services and Facilities. In the absence of a specific finding by the
Development Review Board that an alternative location and/or provision is
approved for a specific development, the location of buildings, lots, streets and
utilities shall conform with the location of planned public facilities as depicted on
the Official Map, including but not limited to recreation paths, streets, park land,
schools, and sewer and water facilities.
(1) Sufficient water supply and wastewater disposal capacity shall be available to
meet the needs of the project in conformance with applicable State and City
requirements, as evidenced by a City water allocation, City wastewater allocation,
and/or Vermont Water and Wastewater Permit from the Department of
Environmental Conservation.
According to Section 15.13 of the South Burlington Land Development Regulations, the
existing public water system shall be extended so as to provide the necessary quantity of
water, at acceptable pressure. The South Burlington Water Department has reviewed the
plans and provided comments in a letter dated April 13, 2007.
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.
(2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines,
and lighting shall be designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent properties.
The applicant is proposing a recreation path easement along the western edge of the lot.
The Recreation Path Committee has reviewed this proposal and agreed that it was an
appropriate solution.
(3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a
manner that is consistent with City utility plans and maintenance standards,
absent a specific agreement with the applicant related to maintenance that has
been approved by the City Council.
Again, the Recreation Path Committee has reviewed the plans.
(4) The plan shall be reviewed by the Fire Chief or his designee to insure that
adequate fire protection can be provided, with the standards for evaluation
including, but not limited to, minimum distance between structures, street width,
vehicular access from two directions where possible, looping of water lines, water
flow and pressure, and number and location of hydrants.
The City of South Burlington Fire Department has stated that he would like the houses to
be sprinklered as they are accessible via a private road, the condition of which cannot be
guaranteed in poor weather. The proposed cul-de-sac has been reviewed by both the
Director of Public Works and the Fire Chief and is acceptable.
#SD-07-24
#SD-07-25
E. Circulation. The project shall incorporate access, circulation and traffic
management strategies sufficient to prevent unsafe conditions on of adjacent
roads and sufficient to create connectivity for pedestrians, bicycles, vehicles,
school transportation, and emergency service vehicles between neighborhoods.
In making this finding the Development Review Board may rely on the findings of
a traffic study submitted by the applicant, and the findings of any technical review
by City staff or consultants.
Lots 2, 3, and 4 are proposed to be accessed from the new private road which will be
accessed via the new cul-de-sac. Lot 1 is proposed to be accessed directly from the cul-
de-sac. The existing gravel drive serving the adjoining Schmucker residence is proposed
to be abandoned and the applicant has stated that the Schmuckers will be installing a
new driveway to their home directly from Dorset Heights. The Board finds this
acceptable. However, the current drive must be abandoned prior to the use of the new
private road as only 3 homes may be accessed from a private roadway.
(1) Roads shall be designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent properties.
The applicant is proposing to construct the cul-de-sac partially on Dorset Heights for
which there already exists a plan and associated easements. A portion of the cul-de-sac
will be on the subject property for which legal documents will be necessary. The
applicant has discussed these plans with the City Engineer and the Director of Public
Works who approve of the plan.
After much discussion, the Board does not find that there is a need to connect these lots
to Dorset Street at this time.
(2) Roads shall be designed in a manner that is consistent with City roadway
plans and maintenance standards, absent a specific agreement with the applicant
related to maintenance that has been approved by the City Council.
The applicant is proposing a 20 foot road with 16 feet of pavement and 2 foot gravel
shoulders. Given the presence of wetlands on the site, and that this is a private road, the
Board supports the minimal use of pavement.
The City Engineer has provided comments on this application in a memo dated April 26,
2007.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent
streets and neighborhoods shall apply.
Again, given the layout of the site, it is not prudent to force a connection through from
Dorset Heights to Dorset Street.
M
#SD-07-24
#SD-07-25
9.09 SEQ-NR Sub -District; Specific Standards
The SEQ-NR sub -district has additional dimensional and design requirements, as
enumerated in this Section.
A. Street, Block and Lot Pattern
(1) Development blocks. Development block lengths should range between 300
and 500 linear feet. If longer block lengths are unavoidable blocks 500 feet or
longer must include mid -block public sidewalk or recreation path connections.
This critera is not appropriate to this application. The development as planned is too
small to warrant neighborhood blocks.
(2) Interconnection of Streets. Average spacing between intersections shall be 300
to 500 feet. Dead end streets (e.g. culs de sac) are discouraged. Dead end streets
may not exceed 200 feet in length. Street stubs are required at the end of dead end
streets to allow for future street connections and/or bicycle and pedestrian
connections to open space and future housing on adjoining parcels per section
15.12(D)(4).
This critera is not applicable to this application.
(3) Street Connection to Adjoining Parcels. Street stubs are required to be built to
the property line and connected to adjacent parcels per section 15.12(D)(4) of
these Regulations. Posting signs with a notice of intent to construct future streets
is strongly encouraged.
Again, given the layout of the site, it is not prudent to force a connection through from
Dorset Heights to Dorset Street. It has already been noted that the applicant shall work
with Public Works and the City Engineer to properly design the cul-de-sac at the end of
Dorset Heights.
(4) Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of
1:2.5 to 1:5 recommended.
Lots 2, 3, and 4 meet this criterion. Lot 1 does not; however, given the amount of
frontage the lot has on Dorset Heights, the Board finds the ratio appropriate. The
building envelope for the lot appears to meet this guideline. Lot 5 is not proposed for
development at this time. It would not meet the ratios if only one dwelling were proposed
for it.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and
local) in the VR sub -district are intended to be low -speed streets for local use that
discourage through movement and are safe for pedestrians and bicyclists.
Dimensions for public collector and local streets shall be as set forth in Tables 9-3
and 9-4, and Figures 9-8 and 9-9 below.
-7-
#SD-07-24
#SD-07-25
(2) Sidewalks. Sidewalks must be a minimum of five feet (5') in width with an
additional minimum five-foot planting strip (greenspace) separating the sidewalk
from the street. Sidewalks are required on one side of the street, and must be
connected in a pattern that promotes walkability throughout the development. The
DRB may in its discretion require supplemental sidewalk segments to achieve this
purpose.
This criterion is not applicable.
(3) Street Trees; see Section 9.08(B)(3)
Street trees are required along all streets in a planting strip a minimum of five feet
wide. Street tress shall be large, deciduous shade trees with species satisfactory
to the City Arborist. Street trees to be planted must have a minimum caliper size
of 2.5 to 3 inches DBH, and shall be planted no greater than thirty feet (30') on
center.
This criterion is not applicable.
(4) On -street parking; see Section 9.08(B)(4).
There is no on -street parking proposed. No on -street parking shall be allowed unless
the roadway is revised to reflect the minimum pavement width for parking on one side of
26'. The roadway as proposed varies in width from 12 ft to 16 ft.
(5) Intersection design. Intersections shall be designed to reduce pedestrian
crossing distances and to slow traffic; see Figure 9-6 and Section 9.08(B)(5).
There are no street intersections as part of this proposal and so this criterion is not
applicable.
(6) Street and sidewalk lighting. Pedestrian -scaled light fixtures (e.g., 12' to 14')
shall be provided sufficient to ensure pedestrian safety traveling to and from
public spaces. Overall illumination levels should be consistent with the lower -
intensity development patterns and character of the SEQ, with lower, smoother
levels of illumination (rather than hot -spots) and trespass minimized to the lowest
level consistent with public safety.
This criterion is not applicable.
C. Residential Design
(1) Building Orientation. Residential buildings must be oriented to the street.
Primary entries for single family and multi -family buildings must face the street.
Secondary building entries may open onto garages and/or parking areas. (Special
design guidelines apply to arterial streets). A minimum of thirty five percent (35%)
of translucent widows and surfaces should be oriented to the south.
(2) Building Fagades. Building facades are encouraged to employ a theme and
variation approach. Buildings should include common elements to appear unified,
but facades should be varied from one building to the next to avoid monotony.
#SD-07-24
#SD-07-25
Front porches, stoops, and balconies that create semi -private space and are
oriented to the street are encouraged.
(3) Front Building Setbacks. In pedestrian districts, a close relationship between
the building and the street is critical to the ambiance of the street environment.
Buildings should be set back twenty-five feet (25') from the back of sidewalk.
Porches, stoops, and balconies may project up to eight feet (8') into the front
setbacks.
(4) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. The
front building line of the garage must be set behind the front building line of the
house by a minimum of eight feet. Rear Alleys are encouraged for small lot single-
family houses, duplexes, and townhouses.
(5) Mix of Housing Types. A mix of housing types is encouraged within
neighborhoods and developments. Housing types should be mixed within blocks,
along the street and within neighborhoods rather than compartmentalized into
sections of identical housing types.
The Development Review Board previously discussed this issue and decided that they
do not wish to enforce the design standards as part of this application.
DECISION
Motion by Gayle Quimby seconded by Roger Farley, to approve Preliminary Plat
Application #SD-07-24 and Final Plat Application #SD-07-25 of William Dailey, 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:
a) The plans shall be revised to comply with the comments of the City Engineer per
the memo dated April 26, 2007.
b) The plans shall be revised to include the approved street name.
4) The applicant shall comply with the requests of the City Engineer as outlined in a
memo dated April 26, 2007.
#SD-07-24
#SD-07-25
5) The applicant shall submit a proposed street name(s) to the Enhanced 9-1-1
Coordinator for approval by the Planning Commission prior to recording.
6) The applicant shall adhere to the comments of the South Burlington Water Department
per the letter dated April 13, 2007.
7) Pursuant to Section 12.02(E)(3) of the Land Development Regulations, the Board
approves a 25 foot encroachment into the 50 foot wetland buffer as shown on the
approved site plans. The location of the 25 foot wetland buffer shall be delineated by
eastern white cedar and split rail fencing as shown on the approved site plans.
8) Prior to issuance of a zoning permit for the first lot or start of utility or road construction,
all appropriate legal documents including easements (e.g. irrevocable offer of
dedication and warranty deed for the proposed public road and recreation path, and
utility, sewer, drainage, water, etc.) shall be submitted to the City Attorney for approval
and recorded in the South Burlington Land Records.
9) Prior to start of the improvements described in condition #8 above, the applicant shall
post a bond which covers the cost of said improvements.
10) In accordance with Section 15.14(E)(2) of the Land Development Regulations, within
14 days of the completion of the required improvements, the developer shall submit to
the City Engineer "as -built" construction drawings certified by a licensed engineer.
11) 7. All land development, including but not limited to expansions, sunrooms, and decks
shall be limited to the building envelope shown on the plans submitted as part of this
application and shall be permitted through zoning permits by the Administrative Officer.
12) 8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
13) 9. There shall be no use of pesticides or non -organic fertilizers on any of the subject
lots. This shall be reflected in the legal documents which accompany the sale of these
lots and shall be approved by the City prior to issuance of zoning permits.
14) 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.
15) The applicant shall obtain final wastewater capacity allocation from the Director of
Planning and Zoning prior to recording of the final plat plans.
16) Any new houses constructed shall be sprinklered per the recommendation of the South
Burlington Fire Chief.
17) The use of the driveway across lot #2 serving the adjacent property to the north
owned by Schmucker and Schepp shall be abandoned prior to the issuance of the
third zoning permit utilizing the private road serving lots 2,3, and 4.
-10-
#SD-07-24
#SD-07-25
18) The applicant shall continue to work with the City Engineer and the Director of Public
Works to ensure that the cul-de-sac on Dorset Heights is built to city standards.
19) No dwelling units other than one single family dwelling may be permitted on Lot 5
without further review by the Development Review Board.
20) The mylar shall be recorded prior to permit issuance.
21) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
22) The final plat plan (subdivision 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 Director of Planning and Zoning.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Eric Knudsen — yea/nay/abstain/not present
Peter Plumeau — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Motion carried by a vote of A - o _0
Signed this d y of U N 2007, by
Mark Behr, Vice Chairman
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).
- 11 -