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HomeMy WebLinkAboutSD-14-20 - Decision - 1630 Dorset Street#SD-14-20 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING LARRY & LESLIE WILLIAMS-1630 DORSET STREET FINAL PLAT APPLICATION #SD-14-20 FINDINGS OF FACT AND DECISION Final plat application #SD-14-20 of Larry & Leslie Williams to amend a previously approved planned unit development consisting of a six (6) lot subdivision. The amendment consists of resubdividing the six (6) lots into 10 lots, 1630 Dorset Street. The Development Review Board held a public hearing on July 15, 2014. Larry Williams represented the applicant. Based on the plans and 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 seeks final approval to amend a previously approved planned unit development as a six lot subdivision. The amendment would resubdivide the six lots into 10 lots for a total of 11 units including one existing home, 1630 Dorset Street. This proposal is a resubmission of #SD-13-29 which was previously approved by the Board on December 5, 2013. The reapproval is necessary due the final plat not having been recorded within the 180 day requirement. 2. The owners of record of the subject property are Larry & Leslie Williams. 3. The subject property is located in the Southeast Quadrant Zoning District and Village Residential Subdistrict. 4. The application was received on June 27, 2014. 5. The final approved plans consist of an 11 page set of plans, page one (1) entitled "Plan of Lands of J. Larry & Leslie Williams 1630 Dorset Street South Burlington, VT Proposed 10 Lot Subdivision Plat", prepared by Lamoureux & Dickinson Consulting Engineers, Inc., and dated 1/15/13. DENSITY The base density of the parcel generated by the land at 1.2 units per acre, based on 7.97 acres, is 9 units. The maximum units allowed, in accordance with Chapter 9 of the South Burlington Land Development Regulations and determined by the Village Residential sub -district, are 63 units. The applicant is proposing 9 new lots with 10 new units, with one existing dwelling to remain, for a total of 11 units within the PUD. Therefore, two (2) additional development rights are needed. - 1 — #SD-14-20 The applicant submitted a document demonstrating that the required transfer of development rights for the two additional units had been consummated in 2007. This document was recorded on 12/5/2007 in Vol. 802, pages 176 & 177. ACCESS All lots will be served via a 24' wide paved public roadway within a 50' wide right of way. This meets the standards in Table 9-4, Street Design Criteria for Local Streets in the SEQ-VR zoning district. This road will be narrowed to 20 feet at the wetland crossing in order to minimize impacts. As shown on the plans, there will also be a hammer -head turnaround at the end of the road, located at the northern property line, to be maintained in open and usable condition until such time as the road may be connected to the north. If and when the road is extended to and through that adjoining property, then the turnaround itself and the easements for it may be extinguished and removed. This road design (width and end design) was previously approved as part of the 6-lot subdivision approved in 2007, and no changes to that previously approved design are proposed here. LOT LAYOUT & ROAD CONFIGURATION The Board has reviewed the proposed lot layout in accordance with the Regulating Plan illustrated in Article 9 of the South Burlington Land Development Regulations. The Board finds that the project does not meet the strict guidelines of the SEQ which call for short development blocks and limits the lengths of roadways, in order to minimize impacts on the wetlands which traverse the site from north to south and fit into the unique shape of the lot. In this case of competing objectives, the Board finds that the design presented achieves the best possible layout given the restrictions on the site. Lot width to length ratios are met with this proposal. DESIGN STANDARDS This subdivision is subject to the design guidelines in Section 9.08 of the SBLDRs. The Board has already addressed the project's compliance with the lot layout and road configuration. The applicant addressed the Residential Design, pursuant to Section 9.08(C) of the Regulations, including building orientation, building facades and front building setbacks, placement of garages and parking, and mix of housing types. He submitted a "Housing Options" plan showing six different types of houses, all of which meet this requirement. TRAFFIC The 11 units proposed as part of the PUD are not estimated to generate much measureable traffic; therefore the Board finds that there is no need for any traffic studies or technical reviews. WETLANDS The subject property contains identified Class II and Class III wetlands. The building envelope as proposed on several of the lots will encroach into the 50 foot Class III buffer. Furthermore, Sadie Lane as proposed encroaches into the 50 ft. buffer of a Class II wetland located to the property to the south. -2— #SD-14-20 The Board finds that the proposed road, though in conflict with the buffer of the wetland to the south, is located in the most appropriate position on the lot given that it allows for the greatest contiguous areas of open space on the property and that it aligns itself with an already approved recreational path easement. Furthermore, the applicant has narrowed the width of the roadway where it crosses the wetland buffer to 20 feet, the narrowest allowable under the land development regulations. The proposed road had previously received a State Wetlands Conditional Use Determination for the roadway's Class II wetland buffer impacts. Furthermore, the applicant's wetland expert testified before the Natural Resources Committee with respect to a previous application that the proposed Class III buffer impacts will have no adverse impacts on the major functions of the wetlands. The Board realizes that it is difficult to balance all natural resources protection with appropriate development and infrastructure planning. In this case, the Board finds that the alignment of the road far outweighs the encroachment into the minor wetland buffer, particularly one which will not be adversely impacted by the development. As nearly every lot is impacted by a large area of wetland or wetland buffer, the Board discussed these potential encroachments. Lots 5-8 potentially have adequate room to include a home close to the roadway, and with proper delineation with fencing or landscaping may avoid the buffer completely. Lots 2-4 are smaller lots and will also have less room to avoid the 50 foot wetland buffer. The Board supports the creation of these lots with a 25 foot wetland buffer provided the plans make it clear that homes are to be close to the street, and the backyards are delineated to sufficiently prevent usage of the wetland or buffer as living or recreational space. Possibilities include a relatively dense line of planted cedars, split rail fencing, or other physical barrier between what is to be the grassed lawn area and the more sensitive wetland buffer. Based on all of this evidence, the Board finds the proposed wetland buffer encroachment acceptable, if additional measures of protection are instituted, including the buffer delineation and limitations on fertilizers and mowing. DIVERSITY OF HOUSING TYPES Section 9.08 C (5) of the South Burlington Land Development Regulations states that "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." Although the plans show only single family homes, the Board finds general conformance with this goal, as the variety of housing types will be achieved through means other than just unit size and make-up. COMPREHENSIVE PLAN Pursuant to Section 9.02 of the South Burlington Land Development Regulations: "These regulations hereby implement the relevant provisions of the City of South Burlington Comprehensive Plan, and any adopted amendments to such plan, and are in accord with the policies set forth therein. In the event of a conflict between the Southeast Quadrant chapter and other provisions of the Comprehensive Plan, the Southeast Quadrant chapter shall control." -3— #SD-14-20 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 and Dimensional Standards (Appendix C) also specifies the maximum building height for the SEQ-NR District. The maximum height for principal buildings (flat) is 25 feet, and the maximum height for principal buildings (pitched) is 28 feet. Maximum story heights also 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 Board finds this requirement met by proposing that the houses be placed close to the street, thereby leaving contiguous open space amongst lots 1— 4 & 10 and amongst lots 5 — 9. (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 finds this requirement is satisfied. 9.07 Regulating Plans A. Description and Regulatory Effect. The regulatory text of this Article is supplemented with illustrations, officially known as the Regulating Plan, illustrating the dimensional and design concepts. The Regulating Plan contains basic land planning and neighborhood design criteria that are intended to foster attractive and walkable neighborhood development patterns. Design criteria and guidelines set forth below are intended to address basic neighborhood design relationships related to scale, connectivity, and overall orientation that promote pedestrian friendly development as follows in Section 9.07(C). The Regulating Plan is an illustrative guide; it does not have the same force of regulation as does the text in this bylaw. However, the Development Review Board will refer to both the Regulating Plan and the text of this section in its project reviews -4— #SD-14-20 B. General Provisions (1) The Regulating Plan shall apply to new development within the SEQNRT, SEQ-NR, SEQ-VR and SEQ-VC sub -districts. (2) All residential lots created on or after the effective date of this bylaw in any SEQ sub -district shall conform to a standard minimum lot width to depth ratio of one to two (1:2), with ratios of 1:2.5 to 1:5 recommended. C. Street, Block and Lot Patterns (1) Overall Criteria: Development criteria within the Street, Block and Lot Pattern section are intended to provide pedestrian -scaled development patterns and an interconnected system of streets that allow direct and efficient walking and bicycling trips, and decrease circuitous vehicular trips. (2) Street Design: The intention of street design criteria is to provide a system of attractive, pedestrian - oriented streets that encourage slower speeds, maximize connections between and within neighborhoods, and contribute to neighborhood livability. (3) Building Design: The intention of the building design guidelines is to ensure that new housing and commercial development reinforce a pedestrian friendly environment, while allowing creativity in design. (3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant. (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. (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. 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. 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 -5— #SD-14-20 allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. (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. (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. The Board finds this requirement met as the property is currently served by an existing recreation path running east -west, and a new sidewalk will run along the east side of the new street running north - south. (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. 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. See findings above related to circulation. (1) Roads shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. (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 Board finds these requirements satisfied. (3) The provisions of Section 15.12(D) (4) related to connections between adjacent streets and neighborhoods shall apply. 9.09 SEQ-VR 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 K-M #SD-14-20 (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. (2) Interconnection of Streets. Average spacing between intersections shall be 300 to 500 feet. Dead end streets (e.g. cul-de-sacs) 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). The Board finds this requirement satisfied, as the street is designed to connect to the property to the north in the event that that property is developed. (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. The Board finds this requirement satisfied, as the street is designed to connect to the property to the north in the event that that property is developed. (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. The Board finds this requirement satisfied. 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. (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. The Board finds this requirement met as the property is currently served by an existing recreation path running east -west, and a new sidewalk will run along the east side of the new street running north - south. (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 trees shall be large, deciduous shade trees with species satisfactory to the City Arborist. Street trees to be 7— #SD-14-20 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. The Board finds this requirement satisfied, as street trees will be planted. The City Arborist's recommendations shall be followed. (4) On -street parking; see Section 9.08(B) (4). No on -street parking is proposed. (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). (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. The Board finds this requirement met, as one street light of a type and style shown on sheet 5 of the original and final plan set is proposed at the intersection of Dorset Street and the new street serving this subdivision. 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 Fa4ades. 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. Front porches, stoops, and balconies that create semi -private space and are oriented to the street are encouraged. The Board finds these requirements satisfied as shown on the "Housing Options" plan submitted on sheet 10 of the plan set. (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. The Board finds this requirement met, as all of the lots have building envelopes which allow the houses to be as close as 20 feet to the front property line in compliance with the minimum setback for the district. WE #SD-14-20 (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. The Board finds this requirement is met, as indicated on the "Housing Options" plan submitted on sheet 10 of the plan set. (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 Board finds this requirement is met, as indicated on the "Housing Options" plan submitted on sheet 10 of the plan set. DFCISION Motion by Bill Miller, seconded by David Parsons, to approve final plat application #SD-14-20 of Larry & Leslie Williams 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 applicants, and on file in the South Burlington Department of Planning and Zoning. 3) If and when the proposed public street is extended and the hammerhead turnaround is abandoned, then the front yard revisions to the building envelopes on lots #4 & #5 shall revert back to the lines as shown on the 1-15-13 plans. 4) Prior to issuance of a zoning permit for the first lot or start of utility or road construction, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 5) All land development, including but not limited to expansions, sunrooms, patios, and decks, shall be limited to the building envelope shown on the plans to be reviewed and approved as part of the final plat application and applicable dimensional requirements of the district. Said structures shall be permitted through zoning permits by the Administrative Officer. Any land development on said lots extending beyond the approved building envelopes shall require an amendment to the PUD in application to the Development Review Board. 6) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 7) The association documents related to the common land shall include provisions that indicate the useable portions of this land are to be available to all residents in the PUD. Association documents shall also include provisions for maintenance of the land. The full association documents shall be submitted for review prior to issuance of the first zoning permit for the property. 8) The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 9) The applicant shall adhere to the following stipulations concerning the wetlands buffer: #SD-14-20 a. There shall be no use of pesticides in any wetlands or wetland buffers on the subject property. b. The applicant shall identify all approved wetland buffers through either landscaping or natural fencing. c. There shall be no mowing within wetlands or wetland buffers on the property except where said buffer has been reduced by this decision. Brush -hogging shall be allowed no more than three (3) times per calendar year. 10) Based on City records, wastewater allocations have been acquired for six (6) dwelling units. Prior to issuance of any zoning permits for any additional homes beyond the first six, the applicant shall receive final wastewater allocations from the Director of Planning and Zoning for those additional units. 11) Prior to the recording of the final plat, the applicant shall coordinate with the city's E- 911 coordinator to determine street addresses. And submit a list of the lot and street numbers. 12) 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 utility, sewer, drainage, and water, etc.) shall be submitted to the City Attorney for approval and recorded in the South Burlington Land Records. 13) Prior to start of the improvements described in #12 above, the applicant shall post a $19,500 landscape bond for the street trees and for the trees delineating the wetland buffer, which shall remain in effect for three (3) years. 14) Prior to start of construction of the improvements described in condition #12 above, the applicant shall post a bond which covers the cost of said improvements, the amount of which must be approved by the City Engineer. 15) Street trees must be in place along the street prior to adding the final layer of the pavement. 16) Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 17) The mylars shall be recorded prior to any zoning permit issuance. 18) 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. 19) The sewer pump station shall remain private. 20) The applicants shall notify all buyers in the subdivision that Sadie Lane will potentially be continued in the future as a through -road and a statement to this effect shall be placed in the covenants and a copy submitted prior to issuance of the first zoning permit. 21) The maximum height of any structure shall not exceed those allowed within the Table of Uses and Dimensional Standards (Appendix C). 22) The applicant shall adhere to the building elevations submitted or return to the Board for approval of any substantive modifications related to the Residential Design Criteria for the SEQ-VR district. -10— #SD-14-20 23) The applicant shall regularly maintain all stormwater treatment and conveyance structures on -site. 24) The applicant shall adhere to the comments of the South Burlington Fire Chief per the letter dated 9/27/13. 25) The Board approves the reduction in width of the wetland buffer from 50 feet to 25 feet. Any building constructed on these lots shall be sited such that its construction shall not result in the encroachment into the 25 foot wetland buffer. 26) Any proposed utility cabinets must be approved by the Development Review Board prior to installation. 27) Prior to issuance of any zoning permit for site work or construction, a digital copy of the final project plans in pdf format shall be delivered to the Administrative Officer. 28) The final plat plans (survey plat & sheet 1) 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. 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 David Parsons — yea nay abstain not present Jennifer Smith — yea nay abstain not present John Wilking — yea nay abstain not present Motion carried by a vote of 5 — 0 — 0 Signed this ` day of 2014, by Tim Barritt, Chair 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://vermont0udiciary.org/GTC/environmental/defauIt.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. - 11 —