HomeMy WebLinkAboutSD-03-40 - Decision - 1580 1530 Dorset StreetCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
THE CIDERMH.L — PLANNED UNIT DEVELOPMENT
FINAL PLAT APPLICATION #SD-03-40
FINDINGS of FACT AND DECISION
Dorset Street Associates, hereafter referred to as the applicant, is requesting final
approval for a Planned Unit Development (PUD) on 131.59 acres consisting of 1) 59
single-family lots, 2) 90 multi -family units in 45 buildings, 3) 6 common lots, and 4) 1
reserved lot. The subject property is located in the Southeast Quadrant (SEQ) at 1580
Dorset Street, south of Dorset Heights and east of the Chittenden Cider Mill. The South
Burlington Development Review Board (DRB) held a public hearing on August 19 2003.
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 DRB finds,
concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is requesting final approval for a Planned Unit Development (PUD) on
131.59 acres consisting of 1) 59 single-family lots, 2) 90 multi -family units in 45
buildings, 3) 6 common lots, and 4) 1 reserved lot. The subject property is located in the
Southeast Quadrant (SEQ) at 1580 Dorset Street, south of Dorset Heights and east of the
Chittenden Cider Mill.
2. The owner of record is Robert Chittenden.
3. The subject property contains 131.55 acres and is located in the South East Quadrant
(SEQ) District.
4. The plans consist of thirty-three (33) sheets entitled "The Cider Mill", prepared by
Llewellyn and Howley, dated February 12, 2002, last revised on August 11, 2003.
Access: Access is proposed to be provided via a public street network with access from
Dorset Street. The proposed streets meet the basic requirements for public streets: 60-foot
wide right-of-way; 30-foot wide paved surface; and curbing. Two points of access will be
required for this development, so there is a 60-foot wide right-of-way with a 12-foot wide
asphalt emergency access drive and recreation path extending north to Dorset Heights. This
emergency access drive and recreation path will be marked with appropriate signage to
prohibit vehicular access. In addition, there is a 60-foot wide right-of-way extending
northeast to Marceau Meadows for possible future access.
No development is proposed for Lot X at this time. The plans have been revised to
provide a 60 ft. wide right-of-way from Cider Mill Drive to provide access to Lot X.
Lot Size/Frontage: All of the proposed lots on the plans meet the minimum requirements
for the SEQ. The minimum lot size for single-family dwellings is 12,000 square feet and for
two-family dwelling is 24,000 square feet.
Density: All of the proposed lots meet the maximum density requirements for the SEQ.
The applicant is proposing 149 units, and the allowable maximum density is 157 units
(131.59 x 1.2 = 157.9).
Wetlands and Wetland Buffers: The final plat includes the wetland boundaries on the
property. Most of the proposed units and streets meet the required wetland setback of 50 ft.
However, lots #6 and #7 encroach a wetland buffer, as does the portion of Cider Mill Drive
that enters the PUD from Dorset Street. A portion of Cider Mill Drive running north of
Cluster 4 and Common D was removed to avoid a wetland crossing, as requested by the
U.S. Army Corps of Engineers.
Restricted Areas: The map delineates the "restricted areas" and the "developable areas", as
designated on the City of South Burlington Southeast Quadrant Official ZoningMap. There
are proposed lots and two-family dwellings that fall within the "restricted areas". These lots
are #: 1, 2, 23-26, and 54-59. These two-family dwellings are #: 22-24, 26-29, and 30-45.
According to Section 9.08 (B) of the South Burlington Land Development Regulations, the
Development Review Board has the authority to approve development in the "restricted
areas", if it determines that such development activities are consistent with the intent and
purpose of the SEQ.
The restricted areas affected by this application relate to wetlands, a wooded area, and the
right-of-way for a future north -south road shown on the Official Map. The wetland -based
restricted area, which covers multi -family units 22 through 29, has been dealt with through
the Natural Resources Committee, State CUD, and Army Corps processes. Essentially a
determination has been made that building in this area will not adversely affect the City's
surface water standards, and thus the restriction can be waived.
The road -related restricted area covers multi -family dwellings 30-45 and lots 54-59. This is
principally intended to protect a right-of-way for a north -south road from Old Cross Road
extension to a proposed Autumn Hill Road extension. The Planning Commission has
recommended removing both the north -south road and Autumn Hill Road extensions from
the Official Map. Therefore for purposes of future roadway planning, it is not anticipated
that building in this restricted area will have any adverse effect on City policies.
The third restricted area, which relates to lots 1, 2, and 23-26, is related to the stand of
woods at the north end of the subject property adjacent to Dorset Heights. DRB members
may recall that during the sketch plan and preliminary plat stages of this application, a
number of lots on the north side of the proposed entrance road were eliminated to leave the
wooded area intact and provide a better buffer between the new homes and the adjacent
Dorset Heights neighborhood. At the same time the DRB, Staff and the Fire Chief endorsed
a one-way access to Dorset Heights for safety and to create a recreation path connection
between the two neighborhoods. The one-way access goes through the restricted area.
The portion of the restricted area south of the proposed entrance road was not seen as being
as significant for protection as the area to the north, which protects the Dorset Heights
neighborhood. The DRB will need to make a final determination whether this incursion into
the restricted area is appropriate. Given the location of the road, the need to create an access
point to Dorset Heights, and the reservation of the wooded area north of the road for open
space, staff does not have an issue with approving development in this area.
Utilities: Pursuant to Section 15.13 (E) of the South Burlington Land Development
Regulations, all of the proposed utility lines for this PUD will be underground.
Pursuant to Section 13.18 (B) of the South Burlington Land Development Regulations, the
utility cabinets for the PUD shall be shown on the final plat and include appropriate
screening techniques, such as fencing and/or landscaping. The utility cabinets for the
proposed PUD are referenced on Sheet 1 of the Plans titled "The Cider Mill".
Coverage and Setbacks: The minimum size of the multi -family units is 3,000 sq. ft. The
duplexes appear to be 88' x 70' or approximately 5,950 sq. ft. A note on the plans indicates
that each unit has a minimum of 1,200 sq. ft. of living space and a 2-car garage.
All of the proposed two-family dwellings meet the coverage and setback requirements of the
SEQ. The maximum building coverage for a two-family dwelling in the SEQ is 15% and
the maximum overall coverage is 30%. The front yard setbacks for two-family dwellings in
the SEQ are 20 feet.
Traffic: The applicant submitted a traffic study on November 19, 2002, but impacts of
the proposed Marceau Meadows development on the proposed Cider Mill development
were not included. Therefore, the applicant submitted a second traffic study on January
16, 2003, that reports on an analysis of the impacts of Marceau Meadows on the proposed
Cider Mill development.
The applicant will work with the City of South Burlington Department of Public Works
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to develop a left-hand turn lane from Dorset Street onto "Cider Mill Drive".
A 12 ft. wide paved recreation path/emergency access within an existing 60 ff. right-of-
way connecting to Dorset Heights is proposed. The plans have been revised to include
signage indicating that the recreation path is closed to vehicular traffic.
Recreation: A 20 ft. wide recreation path easement is provided along the southwesterly
and westerly property lines. The plans were revised to show the 20 ft. wide recreation
path easement extending to the easterly property line_ In addition, a recreation path is
provided within the Cider Mill Drive right-of-way and within the 60 ft. right-of-way
connecting to Dorset Heights.
The SBRPC reviewed the current plans for the Cider Mill Project at is meeting on June 2,
2003. The Committee requests that the proposed asphalt recreation path be a 10 ft. wide
asphalt path to conform to the Vermont Pedestrian & Bicycle Facility Planning & Design
Manual.
The proposed recreation path is depicted on the plans as a 10 ft. Wide asphalt recreation
path.
Lighting: The applicant shows streetlights along all public streets. The landscaping plan
sheets show 100W mercury vapor cut-off luminaries on 20 ft. fiberglass poles located at
all intersections and along streets throughout the proposed development. The applicant
has submitted details for the proposed street lights, shown on sheet 26 of the Plans. The
applicant has stated that no exterior lighting is proposed for the duplex units at this time.
Water: The applicant must comply with all specifications and details outlined by the
South Burlington Water Department. The applicant has complied with the requirements
outlined in the letters from the South Burlington Water Department Superintendent, Jay
Nadeau, dated July 14, 2003 and July 15, 2003. Jay Nadeau has reviewed the final plans,
as presented to the South Burlington Development Review Board.
Long-term water storage and pressure issues were solved in large part by the bond vote
approval to increase the size of the Dorset Street tank. The Dorset Street tank will be
raised by 35', providing sufficient storage and pressure to service new development.
Parking: Section 13.01 (B) of the South Burlington Land Development Regulations
requires 2.25 spaces per unit for the multi -family units. The 90 multi -family units will
require 202 parking spaces. The Overall Site Plan indicates that each unit includes a 2-car
garage and parking for 2 additional cars in the driveway. Therefore, 360 parking spaces
are provided for the multi -family units, which is an excess of 158 spaces. The final plans
show the proposed bicycle parking areas for the duplex units, as required by Section
13.01(G)(5) of the South Burlington Land Development Regulations.
Section 13.01(J) of the South Burlington Land Development Regulations state that
recreational vehicle parking/storage shall be provided in a multi -family development of
over 25 units. The applicant has indicated that recreational vehicles will not be permitted
within the development. This prohibition shall be reflected in the homeowner's
association legal documents.
City Streets: The Official Map shows a planned road running north -south along the
easterly boundary of the property, and a planned road running east -west along the
southern boundary of the property. However, the Planning Commission recently made a
motion to begin the process of removing this right-of-way from the Official Map.
A potential east -west connection between Dorset Street and Hinesburg Road is facilitated
by a 60 ft. public right-of-way from Dorset Street to the easterly property line to connect
to the proposed Marceau Meadows development on Hinesburg Road. A partial north -
south connection is accomplished by the proposed recreation path to Dorset Heights.
Landscaping: The applicant proposes street trees located 40 feet on center along all
streets. The applicant will need to provide a bond or other form of security to guarantee
the street tree plantings for a period of three years from installation.
The City Arborist has reviewed the final plans, as presented to the South Burlington
Development Review Board.
Based on an estimated multi -family unit construction cost of $11,600,000, the minimum
landscaping requirement for the proposed development is $123,000. The applicant has
submitted a cost estimate prepared by a landscape architect for the street trees and site
landscaping to demonstrate that the minimum landscaping cost meets or exceeds
$123,000.
Other: The applicant has received correspondence from the Postal Service, which
indicates a preference for curbside rural style mail boxes for the single family homes. For
the duplexes, the Postal Service prefers 2 boxes mounted on one pedestal. The Postal
Service requests that addresses be provided. The plans include 911 addressing for all
residential units within the proposed development.
The Planning Commission reviewed and rejected the proposed street names at its August
12' meeting.
DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Final Plat Application
#SD-03-40, 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. The plat plans shall be revised to show the following changes and shall require approval
from the Administrative Officer. Four (4) copies of the approved revised plat plans shall be
submitted to the Administrative Officer prior to recording:
a) The final plat plans shall be revised to show street names approved by the South
Burlington Planning Commission.
b) As requested by the City Engineer in his comments dated August 14, 2003, the final plat
plans shall be revised to show: 1) corner lots having a 20' by 20' sight easement, 2) a fire
hydrant near the sewage pumping station, 3) street trees planted at least 5' from sewer and
water mains, and 4) a typical road section without curbs.
c) The final plat plans shall be revised to delete the fence along the Marceau property line.
4. The screening of the utility cabinets shall be approved by the South Burlington
Development Review Board as an amendment to the final plat.
5. If exterior lighting is to be installed on the duplex units, the details of the lighting shall
be submitted for approval prior to the issuance of the first zoning permit.
6. The applicant shall post a $133,075 landscape bond for street trees prior to the start of
road construction and a $151,580 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 assure that the landscaping has taken root and has a good chance of
surviving.
7. The applicant shall work with the South Burlington Department of Public Works to develop a
left-hand turn lane from Dorset Street onto "Cider Mill Drive". This left-hand turn lane
shall be constructed before issuance of a zoning permit for the 75a' unit.
8. Pursuant to Section 9.08(B) of the South Burlington Land Development Regulations, the
South Burlington Development Review Board will allow lots 41, 2, 23-26, and 54-59 and
units #22-24, 26-29, and 3045 in the "restricted areas". The Development Review Board
finds such development to be consistent with the intent and purpose of the Southeast
Quadrant District, as follows:
The Southeast Quadrant District (SEQ) is hereby formed in order to encourage open space preservation,
scenic view and natural resource protection, wildlife habitat preservation, continued agricultural use, and
well planned residential use in the largely undeveloped area of the City known as the Southeast Quadrant.
The open character and scenic views offered in this area have long been recognized as very special and
unique resources in the City and worthy of protection. The location and clustering of buildings and lots in a
manner that in the judgment of the Development Review Board will best preserve the open space character
of this area shall be encouraged. Any uses not expressly permitted are prohibited except those which are
allowed as conditional uses
9. The South Burlington Development Review Board will allow lots #6 and 7, and the
portion of "Cider Mill Drive" that enters the PUD from Dorset Street to encroach a wetland
buffer. The Development Review Board finds such encroachment to be in conformance
with Section 12.02(E) of the South Burlington Land Development Regulations, which reads
as follows:
(1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is generally
discouraged.
(2) Encroachment into Class II wetlands is permitted by the City only in conjunction with issuance of a
Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and
positive findings by the DRB pursuant to the criteria in (3) below.
(3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland buffers, may be
permitted by the DRB upon finding that the proposed project's overall development, erosion control,
stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following
standards for wetland protection:
(a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters
adequately,
(b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system
to reduce sedimentation according to state standards;
(c) The impact of the encroachment(v) on the specific wetland functions and values identified in the field
delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater
treatment, stream buffering, and/or other mitigation measures.
10. Prior to final plat recording, the applicant shall submit a detailed plan for managing the
lots, landscaping, and open space areas in a manner consistent with the protection of wildlife
habitat values, and creating the best possible potential for connections to the Dorset Heights
neighborhood and parcels to the south.
11. The applicant shall comply with the requirements of the South Burlington Fire
Department, as outlined in a letter dated August 29, 2002.
12. The applicant shall comply with the requirements of the City Engineer, dated
November 19, 2002. The applicant shall also comply with the City Engineer's
requirements from August 14, 2003, as follows:
a. Prior to installation of the gas mains, the plans shall be submitted for City review.
b. Sewage pumping stations shall be privately maintained by the homeowner's
association.
13. 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 deed for proposed public roads, utility,
sewer, drainage, water, and pedestrian paths, etc.) to the City Attorney for approval and
recorded in the South Burlington Land Records.
14. Prior to the start of construction of the improvements described in condition 913
above, the applicant shall post a bond which covers the cost of said improvements.
15. 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;
b. prohibits the storage and parking of recreational vehicles within the
development;
c. prohibits clearing or disturbance of land within wetlands or wetland buffers;
d. ensures that the association shall assume all maintenance responsibilities for the
sewage pumping station;
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e. 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.
16. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
17. 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 registered engineer.
18. The final plat plans (sheets 2-1 1 and survey plat sheets 1-4) shall be recorded in the
land records within 90 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 Director of Planning and Zoning.
Chuck Bolton - ye nay/abstain/not present
Mark Boucher genay/abstain/not
ay/abstain/not present
John Dinklage ay/abstain/not present
Roger Farley - present
Michele Kupersmith - e ay/abstain/not present
Larry Kupferman - e ay/abstain/not present
Gayle Quimby - e ay/abstain/not present
Motion Carried by a vote of 7-0-0.
Signed the 19th day of August, 2003, by
d
Dinklage, Chair