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HomeMy WebLinkAboutMP-07-01 - Decision - 1580R Dorset Street#MP-07-01 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING DORSET STREET ASSOCIATES - CIDER MILL II PLANNED UNIT DEVELOPMENT -1530 DORSET STREET MASTER PLAN APPLICATION #MP-07-01 FINDINGS OF FACT AND DECISION Dorset Street Associates, hereinafter referred to as the applicant, is seeking master plan approval to amend a planned unit development consisting of 149 residential units. The master plan is for Phase II of the development consisting of: 1) 79 single family dwellings, and 2) 30 multi -family dwelling units, 1530 Dorset Street. The Development Review Board held public hearings on September 4, 2007 and October 16, 2007. Lance Llewellyn and Gerry Milot 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 master plan approval to amend a planned unit development consisting of 149 residential units. The master plan is for Phase II of the development consisting of: 1) 79 single family dwellings, and 2) 30 multi- family dwelling units, 1530 Dorset Street. 2) The owner of record of the subject property is Dorset Street Associates. 3) The subject property is located in the Southeast Quadrant Village Residential (SEQ-VR) Zoning District, the Southeast Quadrant Neighborhood Residential (SEQ-NR) Zoning District, and the Southeast Quadrant Natural Resource Protection (SEQ-NRP) Zoning District. 4) The plans submitted consist of a four (4) page set of plans, page two (2) entitled, "The Cider Mill & Cider Mill Phase II Sketch Plan — Mater Plan South Burlington Vermont", prepared by Llewellyn -Howley, Inc., dated 8/18/07, last revised on 10/4/07. - 1 - #MP-07-01 The following information was relied upon in making this decision, pursuant to Section 15.07(C)(3) of the Land Development Regulations: a. The Master Plan application and the plans include the following information: i. The combined area of the property subject to the Master Plan is 154.18 acres ii. Public amenities and facilities indicated on the plans include public streets and sidewalks, a public water system, a public sewer system; a public stormwater drainage system, and a public recreation path. iii. The maximum impervious coverage proposed for the property will not exceed 30% (30% permitted). The maximum building coverage proposed for the entire property will not exceed 15% (15% permitted). iv. The total acreage of the Cider Mill Development, including the amendment, is 154 acres. The density of right, generated by the land, at 1.2 units per acre, allows for 185 units. The maximum units allowed, per the South Burlington Land Development Regulations and in accordance with Chapter 9, the Southeast Quadrant, and determined by the various sub -districts included in the very large parcel, is 568 units. The applicant is proposing a total of 326 units (68 of these are for future development, to be phased in at a later date). Therefore, a total of 141 development rights shall be needed. v. The waivers that the applicant is requesting are as follows: a. Single family minimum lot size from 12,000 SF to 7,200 SF. b.Single family maximum overall lot coverage from 30% to 60% e. Single family maximum building lot coverage from 15% to 42% d.Multi-family maximum overall lot coverage from 30% to 60% e. Multi -family maximum building lot coverage from 15% to 42% f. Multi -family front yard setback from 20 ft to 10 ft. g. Multi -family rear yard setback from 30 ft to 5 ft. b. Proposed Development Areas in the Master Plan Application The Master Plan application includes three (3) proposed development areas, as follows: Phase 1: Cider Mill 1 149 units Phase 2: Cider Mill II 109 units Phase 3: Future Development to North 68 units The maximum number of units allowed on this property is 326. Pursuant to Section 15.18 (A) of the South Burlington Land Development Regulations, Master Plans shall comply with the following standards and conditions: 1. §15.18(A)(1) Sufficient water supply and wastewater disposal capacity is 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. -2- #M P-07-01 These standards should be handled as part of the subdivision reviews for the various phases. 2. §15.18(A)(2) Sufficient grading and erosion controls will be utilized 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 DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. Individual preliminary and final plat applications will be evaluated for conformance with this criterion and the provisions of Article 16 of the Land Development Regulations, Construction and Erosion Control. 3. §15.18(A)(3) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRIB 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. The City is currently working with a third -party consultant to review the major arterial roads to which this project connects, including Dorset Street and Hinesburg Road. The roadways are sufficient to handle the development. No further studies are warranted at this time. The Director of Public Works will be involved in reviewing the project as each piece is developed. 4. §15.18(A)(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. In making this finding the DRIB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. There is no proposed development with the exception of roads within the wetlands and wetland buffers. The Board will review wetland impacts and request mediation at such time as individual plans are reviewed. 5. §15.18(A)(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. Pursuant to Section 9.01 of the Land Development Regulations, 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. -3- #MP-07-01 The proposed Master Plan is visually compatible with the planned development patterns of the Southeast Quadrant. The buildings, building lots, and roads are clustered and concentrated towards the westerly portion of the property, creating significant open space areas in the central and easterly portions of the subject property. There are significant acres of open space preserved through this Master Plan will maintain the open character of the area and will protect wetlands, woodlands, and wildlife habitat. 6. §15.18(A)(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. The layout of the proposed subdivision provides for two substantially sized parks and another smaller one. These are acceptable. The more northern park is largely a wetland and will serve as mostly open space and house a stormwater pond. The more southern park is on dry soils and will be easily accessible to the 100+ homes in the vicinity. The park is easily accessed via walkways across the lots 7. §15.18(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval including, but not be 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. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. The South Burlington Fire Chief has not yet reviewed the Master Plan. Individual preliminary and final plat applications will be evaluated for conformance with this criterion. 8. §15.18(A)(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 properties. The general layout of the roads, recreation paths, and utilities is adequate to facilitate the extension of such services to adjacent properties. 9. §15.18(A)(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, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. The overall road layout and hierarchy system are adequate. The Director of Public Works, Fire Chief, City Engineer and the South Burlington Recreation Path Committee shall review subsequent preliminary and final plat stages of the individual phases. 10. §15.18(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Ml #MP-07-01 The proposed Master Plan is consistent with the following objectives for the Southeast Quadrant, as outline in Chapter 8(G) of the South Burlington Comprehensive Plan: a. Preserve and enhance the open character, natural resources, and scenic views of the Southeast Quadrant, while allowing carefully planned development. b. Maintain a rate, location, intensity, and timing of future development in the Southeast Quadrant that is in accord with the physical characteristics of the land and the availability of municipal services and facilities, and which is consistent with the City's population growth objectives and land use recommendations. c. Promote a variety of residential patterns and styles, including a fair share of affordable housing, while preserving the special character of the Southeast Quadrant. Pursuant to Section 15.18 (B) of the South Burlington Land Development Regulations, Master Plans shall comply with the following standards and conditions: 1. §15.18(B)(1) Open space and development areas shall be located so as to maximize the aesthetic values of the property in keeping with the Comprehensive Plan goal of preserving and enhancing the open character, natural areas, and scenic views of the Quadrant, while allowing carefully planned development. As discussed above, in response to the criteria outlined in Sections15.18 (A)(4) and 15.18(A)(6) of the Land Development Regulations, the proposed Master Plan includes extensive open space and natural resource protection. The plan incorporates acres of dedicated open space, mainly in the central and easterly portions of the subject property. The surface area and location of this open space will be integral to protecting important natural resources, including wetlands, woodlands, and wildlife. 2. §15.18(B)(2) Building lots, streets and other structures shall be located in a manner that maximizes the protection of the open character, natural areas, and scenic views of the Quadrant identified in the Comprehensive Plan, while allowing carefully planned development at the overall base densities provided in these Regulations. The proposed buildings, building lots, streets, and other structures have been designed to create the open space areas discussed above, in response to Section 15.18(B)(1) of the Land Development Regulations. 3. §15.18(B)(3) Existing natural resources on each site shall be protected through the development plan, including streams, wetlands, floodplains, wildlife habitat and corridors including those areas identified in the South Burlington Open Space Strategy, and special natural and/or geologic features such as mature forests, headwaters areas, and prominent ridges. The Board will address this as part of the individual plan reviews. 4. §15.18(B)(4) Consistent with (1) through (3) above, dedicated open spaces shall be designed and located to maximize the potential for combination with other open spaces on adjacent properties. This will be addressed as part of the individual plan reviews. -5- #MP-07-01 5. §15.18(B)(5) The conservation of existing agricultural production values on lands in the SEQ is encouraged through development planning that avoids impacts on prime agricultural soils as defined in the South Burlington Open Space Strategy and provides buffer areas between existing agricultural operations and new development, roads, and infrastructure. There are no existing agricultural operations on the subject property nor are there any planned. 6. §15.18(B)(6) A plan for the proposed open spaces and/or natural areas shall be established by the applicant describing the intended use and maintenance of each area. Continuance of agricultural uses or enhancement of wildlife habitat values in such plans for use and maintenance is encouraged. This will be addressed as part of the individual plan reviews. 7. §15.18(B)(7) In the absence of a specific finding by the DRB 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. This will be addressed as part of the individual plan reviews. DECISION Motion by Gayle Quimby, seconded by Roger Farley, to approve Master Plan Application #MP-07-01 of Dorset Street Associates. The Development Review Board finds and concludes that the following conditions are necessary for the Master Plan application to meet the City's requirements and standards for approval: 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 master plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Any application for amendment of the Master Plan or preliminary plat plan that deviates from the Master Plan in any one or more of the following respects shall be considered a new application for the property and shall require sketch plan review as well as approval of an amended Master Plan: a. An increase in the approved building coverage or overall site coverage, or an increase in the number of residential dwelling units for the property subject to the Master Plan; b. A change in the location, layout, capacity or number of collector roadways on M #MP-07-01 the property subject to the Master Plan; c. Land development proposed in any area previously identified as permanent open space in the approved Master Plan; d. A change that will result in an increase in the number of p.m. peak hour vehicle trip ends project for a total build -out of the property subject to the Master Plan. 4. Pursuant to Section 15.07(D)(5) of the Land Development Regulations, the following minor land development activities will not require Development Review Board approval and may be undertaken pursuant to issuance of a zoning permit. a. The addition of decks to dwelling units; b. The addition of porches to dwelling units; c. The enclosure of decks; d. The addition of accessory structures, pursuant to Section 3.10 of the Land Development Regulations; e. Other minor land development activities at the discretion of the Administrative Officer. 5. The access road to Hinesburg Road shall be completed prior to the issuance of the first zoning permit for a residential dwelling unit. 6. The following components of the Master Plan shall be reviewed at the preliminary and/or final plat stages of the individual phases: a. Street lighting details; b. Street landscaping details; c. Curb -cut locations and details; d. Re-evaluation of traffic mitigation measures and implementation details. 7. The Development Review Board approves the following waivers from the Southeast Quadrant dimensional standards, as outlined in the Land Development Regulations: a. Single family minimum lot size from 12,000 sq. ft. to 7,200 sq. ft. b. Single family maximum overall lot coverage from 30% to 60%. c. Single family maximum building lot coverage from 15% to 42%. d. Multi -family maximum overall lot coverage from 30% to 60%. e. Multi -family maximum building lot coverage from 15% to 42%. f. Multi -family front yard setback from 20 feet to 10 feet. g. Multi -family rear yard setback from 30 feet to 5 feet. 8. The applicant shall obtain site plan approval for any of the multi -family dwellings. 9. The applicant shall obtain final plat approval for the development of the area designated as "Future Development Village Residential" within five (5) years of the date of this approval. 10. Any future requests for waivers will be reviewed in conjunction with the site -specific preliminary plat or final plat reviews for individual development areas. 7- #MP-07-01 11. The applicant shall construct the recreation path located to the west and southwest of "Outside Street" when "Outside Street" is constructed. The remainder of the recreation paths shall be constructed when "Park Street" is constructed. 12. Any changes to the Master Plan shall require approval of the Development Review Board. 13. The Master Plan (sheets 2-4) shall be recorded in the land records within 180 days or this approval is null and void. The plans shall be signed by the Board Chair or Clerk prior to recording. 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 5-0-0. Signed this day of c o GeV 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).