HomeMy WebLinkAboutSD-13-06 - Decision - 1721 Dorset Street#SD-13-06
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JOHN & KATHLEEN PENNUCCI —1721 DORSET STREET
SUBDIVISION APPLICATION #SD-13-06
FINDINGS OF FACT AND DECISION
John & Kathleen Pennucci, hereinafter referred to as the applicant, seeking final plat approval to
subdivide a 9.73 acre parcel developed with a single family dwelling into two (2) lots of 1.7 acres (lot #1)
and 8.03 acres (lot #2), 1721 Dorset Street.
The Development Review Board held a public hearing on April 2, 2013. John Stuart 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 is seeking final plat approval to subdivide a 9.73 acre parcel developed with a single
family dwelling into two (2) lots of 1.7 acres (lot #1) and 8.03 acres (lot #2), 1721 Dorset Street.
2. The owners of record of the subject property are John & Kathleen Pennucci .
3. The subject property is located in the Southeast Quadrant Zoning District and Neighborhood
Residential —Transition and Village Residential Subdistricts.
4. The application was received on February 6, 2013
The plans submitted consist of a two (2) page set of plans; page one (1) entitled "John & Kathleen
Pennucci 1721 Dorset Street Subdivision Site Plan", prepared by JH Stuart Associates, dated July
2010, last revised on 0212712.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, 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.
6. The Board finds that pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
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The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
7. 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 SEQ 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.
8. No new buildings are proposed as part of this application; therefore the Board finds that this
criterion is not applicable to this application at this time.
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
9. At this time, there are only two lots proposed. The Board finds that the proposed subdivision meets this
criterion to the extent necessary at this time.
(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.
10. The Board finds that the proposed subdivision is in compliance with this criterion at this time.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be
established by the applicant.
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11. At this time, no new development is proposed. The Board finds that there is an area of wetlands on the
site which should be considered and addressed should any buildings be proposed for the property.
(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.
12. At this time no construction is planned. The Board recognizes that this may change as the lots are
developed and therefore this criterion would be better addressed at that time.
(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.
13. At this time no construction is planned. The Board finds that this criterion is not applicable to this
application.
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.
14. The Board finds that there will be minimal impact, if any, on the potential agricultural production of
the remaining parcel as no development is proposed at this time with exception that one (1) single
family dwelling could be constructed without DRB approval.
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.
15. At this time no construction is planned. However, the plans do show the provisions for water supply
and sewage disposal.
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(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.
16. There is no development proposed at this time.
(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.
17. The Board finds that the South Burlington Recreation Path Committee should comment on this
matter prior to any future proposed development of the remaining parcel.
(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.
18. At this time no construction is planned and this criterion is not applicable.
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.
19. At this time no construction is planned and this criterion is not applicable.
(1) Roads shall be designed in a manner that is compatible with the extension of such services and
infrastructure to adjacent properties.
20. No new roads are planned as part of this application.
(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.
21. No new roads are planned as part of this application.
(3) The provisions of Section 15.12(D) (4) related to connections between adjacent streets and
neighborhoods shall apply.
22. No new roads are planned as part of this application.
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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 400 linear feet;
see Figure 9-2 for example. If longer block lengths are unavoidable blocks 400 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 400 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).
(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.
(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.
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.
(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.
(4) On -street parking; see Section 9.08(B)(4).
(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).
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(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.
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).
(2) Building FaVades. 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.
(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 fifteen feet
(15') from the back of sidewalk.
(4) Porches, stoops, and balconies may project up to eight feet (8') into the front setbacks. Porch,
stoop and balcony areas within the front setback shall not be enclosed or weatherized with glazing or
other solid materials.
(5) 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.
(6) 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.
23. At this time no construction is planned. It is the Board's position that should any new single family
dwelling be constructed on lot #2, that it shall comply with the Residential Design requirements setforth
in Section 9.08 (C) of the South Burlington Land Development Regulations.
DECISION
Motion by Tim Barritt, seconded by Art Klugo, to approve final plat application #SD-13-06 of John &
Kathleen Pennucci subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
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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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
4. No zoning permit shall be issued until the final plat plan (mylar) has been recorded in the land
records.
5. Any new single family dwelling constructed on lot #2 shall comply with the Residential Design
requirements setforth in Section 9.08 (C) of the South Burlington Land Development Regulations.
6. The final plat plan (survey 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 Planning Staff.
Tim Barritt—
yea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Michael Sirotkin —
yea
nay
abstain
not present
Art Klugo —
yea
nay
abstain
not present
Bill Miller—
yea
nay
abstain
not present
Motion carried by a vote of 4 — 0 — 0
Signed this 17th day of April 2013, by
h Digitally signed by Mark C. Behr
Mark C. Behr r email = ark@r bpc.Beho , c
email=mark@rhbpc.com, c=US
Date: 2013.04.17 15:30:43-04'00'
Mark Behr, 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.
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