HomeMy WebLinkAboutSD-12-23 - Decision - 1530 Dorset Street#SD-12-23
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
DORSET STREET ASSOCIATES — CIDER MILL
1530 DORSET STREET
PRELIMINARY AND FINAL PLAT APPLICATION #SD-12-23
FINDINGS OF FACT AND DECISION
Dorset Street Associates, LLC, hereinafter referred to as the applicant, is seeking preliminary
and final plat approval to amend a previously approved planned unit development consisting of:
1) 59 single family lots, and 2) 90 single family dwellings. The amendment consists of relocating
12 dwelling units, 1530 Dorset Street.
The Development Review Board held a public hearing on November 6, 2012. Lance Llewellyn
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. Dorset Street Associates, LLC, hereinafter referred to as the applicant, is seeking
preliminary and final plat approval to amend a previously approved planned unit
development consisting of: 1) 59 single family lots, and 2) 90 single family dwellings. The
amendment consists of relocating 12 dwelling units, 1530 Dorset Street.
2. The application was submitted on September 21, 2012. The Development Review Board
held a public hearing on November 6, 2012.
3. The owner of record of the subject property is Dorset Street Associates, LLC.
4. The subject property is located in the Southeast Quadrant Natural Resources Protection
Zoning District (SEQ-NRP), the Southeast Quadrant Neighborhood Residential Zoning
District (SEQ-NR), and the Southeast Quadrant Village Residential Zoning District (SEQ-
VR).
5. The plans submitted consist of a 5 page set of plans, page one (1) entitled, "Cider Mill
Revisited Overall Sketch Plan", prepared by Llewellyn -Howley, Inc., dated 6/26/12, last
revised 10/25/12.
6. The subject property consists of 131.55 acres.
7. Building coverage is 443,114 square feet (7.73%). No changes are proposed.
8. Overall Impervious area: 917,917 square feet (16.02%). No changes proposed.
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SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations (SBLDR),
subdivisions shall comply with the following standards and conditions:
(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs
of the project.
See below under Southeast Quadrant review standards.
(2) 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.
See below under Southeast Quadrant review standards.
(3) The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
No changes are proposed.
(4) 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.
See discussion below under Southeast Quadrant review standards.
(5) 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 project consists of a relocation of building envelopes and conversion of six (6) single family lots
to carriage units with building envelopes. The Board finds that these proposed changes bring
greater consistency with the planned development patterns in the area.
1. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
(6) 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.
See below under Southeast Quadrant review standards.
(7) 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.
See discussion below under Southeast Quadrant review standards.
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(8) 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.
See discussion below under Southeast Quadrant review standards.
(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that
is consistent with City utility and roadway plans and maintenance standards.
See discussion below under Southeast Quadrant review standards.
(10) The project is consistent with the goals and objectives of the Comprehensive Plan for
the affected district(s).
The Board finds that the proposed subdivision of this property is in conformance with the South
Burlington Comprehensive Plan.
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 Table of Uses (Appendix C) also specifies the maximum building height for each SEQ
subdistrict. In each case, the more restrictive standard shall apply.
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 applicant is proposing to relocate six (6) housing units in order to increase the width of
commonly -owned open space areas in Clusters 4 and 5 and Common Area D. The relocation of
these homes will result in an increase of the minimum open space area width from -170 feet to
-240 feet in Cluster 5 and from -170 feet to -485 feet in Cluster 4 / Common Area D.
The Board finds that the proposed amendment complies with this standard.
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(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.
As the development was approved prior to the establishment of the Regulating Plan standards
and this application includes only a relocation of house lots, these standards do not apply.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing
management shall be established by the applicant.
Building envelopes for units # 26a, 26b, 27a, 27b, 29a, and 29b are proposed to be dissolved
into common land within Clusters 4 and 5. The condominium documents shall be revised to
reflect the dissolution of these building envelopes and the designation of the entirety of
Clusters 4 and 5, with the exception of the demarked building envelopes, as common open
space.
2. The condominium documents shall be revised to reflect the dissolution of these building
envelopes and the designation of the entirety of Clusters 4 and 5, with the exception of
the demarked building envelopes, as common open space.
(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 an updated grading and erosion control plan for the affected
Sommerfield Ave area.
3. 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.
(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.
Prior requirements for Clusters 4 and 5 shall remain in effect. The area to the east of the
relocation site is within the Natural Resource Protection District on a separate parcel. At the
sketch level, the applicant had been asked to demark common areas east of the relocated
homes from the homes. The applicant verified that no common open space parcels are located
to the east of the related homes. No wetland areas are affected by the proposed amendment.
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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.
The relocation of the building envelopes would create a larger contiguous open space area
which could be used for wildlife passage or agriculture in the future.
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
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limited to recreation paths, streets, park land, schools, and sewer and water facilities.
The proposed amendments do not affect areas included in the Official Map.
(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.
No changes to water and sewer capacity are proposed.
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.
No changes are proposed to the sewer system, except for the location of individual connections to
the previously approved infrastructure. Preliminary wastewater has been granted; the relocation of
the building envelopes will not change demand.
(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.
No changes to paths or sidewalks are proposed. The City Engineer / Director of Public Works
has reviewed the plans and made the following statement in an email dated November 1, 2012:
"The relocation of the six homes to another location on the prior approved site plan is OK with
us and all other prior approvals shall remain in effect."
(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.
No changes are proposed to be made.
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(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 Fire Chief has reviewed the plans submitted on September 21, 2012 and reports no comments
on the plan. All prior approvals shall remain in effect.
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.
No changes in circulation are proposed.
(1) Roads shall be designed in a manner that is compatible with the extension of such
services and infrastructure to adjacent properties.
No changes in roads are proposed.
(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.
No changes are proposed.
(3) The provisions of Section 15.12(D) (4) related to connections between adjacent streets
and neighborhoods shall apply.
No changes are proposed.
9.07 Regulating Plans, 9.08 SEQ-NRT and SEQ-NR Sub -Districts; Specific Standards;
The regulating plans do not apply to this project as all lots and development areas were
previously approved and the current applicant consists only of a relocation of building
envelopes.
9.12 SEQ-NRP; Supplemental Regulations
These standards do not apply as the project consists solely of a relocation of building envelopes
within the SEQ-NRP. The proposed project is, however, consistent with the intent of these
standards, by relocating units from more sensitive to less sensitive areas on the property.
'Wes
#SD-12-23
DECISION
Motion by Roger _Farley, seconded by Bill Stuono, to approve Final Plat Application #SD-12-23
of Dorset Street Associates, 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 condominium documents to be recorded in the Land Records shall be revised to
reflect the dissolution of the building envelopes for units #26a, 26b, 27a, 27b, 29a, 29b
and the designation of the entirety of Clusters 4 and 5, with the exception of the
demarked building envelopes, as common open space.
4. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
5. The mylar shall be recorded prior to any zoning permit issuance.
6. The final plat sheet 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.
Tim Barritt—
yea
nay
abstain
not present
Mark Behr —
yea
nay
abstain
not present
Art Klugo —
yea
nay
abstain
not present
Bill Miller —
yea
nay
abstain
not present
Michael Sirotkin yea
nay
abstain
not present
Bill Stuono
yea
nay
abstain
not present
Roger Farley
yea
nay
abstain
not present
Motion carried by a vote of 6 — 0 — 0
Signed this 8th day of November 2012, by
Digitally signed by Mark C. Behr
Mark C Behr em cn=Mark C. Behr, o,
email=mark@rhbpc.com,c=US
Date: 2012.11.08 15:42:33-05'00'
Mark Behr, Chairman
NO
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Please note: An appeal of this decision may be taken by filing, within 30 days of the date of
this decision, a notice of appeal and the required fee by certified mail to the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be
mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street,
South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental
Division at 802-828-1660 or http://vermontmudiciary.org/GTC/environmental/default.aspx for
more information on filing requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist