HomeMy WebLinkAboutSD-10-36 - Decision - 1721 Dorset Street#SD-10-36
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JOHN & KATHLEEN PENNUCCI
FINAL PLAT APPLICATION #SD-10-36
FINDINGS OF FACT AND DECISION
John and Kathleen Pennucci, hereinafter referred to as 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 1.69 acres (lot #1) and 8.03 acres (lot #2), 1721
Dorset Street.
The Development Review Board held a public hearing on January 18, 2011.
John Stuart 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. John and Kathleen Pennucci, hereinafter referred to as the applicant, are
seeking final plat approval to subdivide a 9.73acre parcel developed with a single
family dwelling into two (2) lots of 1.69 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 application was received on December 7, 2010.
4. The subject property is located in the SEQ Zoning District.
5. The plan submitted consists of a two (2) page set of plans, page one (1)
entitled "Boundary & Topographic Survey Prepared for John E. & Kathleen L.
Pennucci 1721 Dorset Street," prepared by Peatman Surveying, Inc, dated July
12, 2010, last revised on 12/2/10.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
SEQ Neighborhood
Residential
Zoning District
Requirement/Limitation
Proposed
Min. Lot Size
12,000 SF
1.69 acres
-16 Max. Density-NRT & VR
See note below
No additional units are
proposed at this time
Max. Building Coverage
15%
14.1%**
Max. Total Coverage
30%
3.6%**
Min. Front Setback
30 ft.
>30 ft.
Min. Side Setback
10 ft.
>10 ft.
Min. Rear Setback
30 ft.
>30 ft.
+ The subject lot lies in both the Neighborhood Residential Transition and
Village Residential sub -districts of the Southeast Quadrant. The NRT
district allows for a base density of 1.2 units with a maximum of 4 units
per acre with the transfer of applicable density rights under Chapter 9 of
the South Burlington Land Development Regulations (SBLDRs). The
VC district allows for a base density of 1.2 units with a maximum of 8
units per acre with the transfer of applicable density rights under Chapter
9 of the South Burlington Land Development Regulations (SBLDRs).
** Coverage information is for Lot 1 which contains the existing home.
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.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
The project is consistent with the goals and objectives of the Comprehensive
Plan for the affected district(s).
The proposed subdivision of this property is in conformance with the South
Burlington Comprehensive Plan.
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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.
No new buildings are proposed as part of this application; therefore 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
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.
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.
At this time, no new development is proposed. There is an area wetlands on the
site which should be considered and addressed should any buildings be proposed
for the property.
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(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.
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.
At this time no construction is planned. 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.
This criterion is not applicable to this application.
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.
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At this time no construction is planned. However, the applicant should address the
provisions for water supply and sewage disposal.
(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.
The South Burlington Recreation Path Committee discussed the plans and stated
that they have no recommendations or requests at this time, except to note their
interest should the larger parcel be further subdivided or developed.
(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 South Burlington Recreation Path Committee discussed the plans and stated
that they have no recommendations or requests at this time, except to note their
interest should the larger parcel be further subdivided or developed.
(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.
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.
At this time no construction is planned and this criterion is not applicable. Should a
new home or homes be developed on Lot 2, the Board should determine where the
access point shall be.
(1) Roads shall be designed in a manner that is compatible with the
extension of such services and infrastructure to adjacent properties.
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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.
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.
No new roads are planned as part of this application.
9.09 SEQ-NR Sub -District: Soecific 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
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(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).
(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 Fagades. 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.
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(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.
At this time no construction is planned. The applicant could build one unit on the
newly created vacant lot without returning to the Board.
DECISION
Motion by �D �L.'K�� seconded by
�', to approve Final Plat Application #SD-10-36
of Jo n & Kathleen P nnucci, subject to the following conditions:
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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
4. The applicant shall obtain approval from the DRB for the location of the access
to any homes built on Lot 2.
5. Any new house constructed on Lot 2 shall comply with the residential design
standards which are required in Chapter 9 of the South Burlington Land
Dimension Regulations. This shall be reviewed by Planning Staff for
compliance.
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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.
Mark Behr — ee ay/abstain/not, present
Matthew BirminRaya
—J eAay/abstain/not present
John Dinklage ay/abstain/not present
Roger Farley —/bstain/not present
Michael Sirotkin ay/abstain/not present
Gayle Quimby —a y/abstain/not present
Bill Stuono — ea ay/abstain/not present
Motion carried by a vote of
Signed this � d f JA tNI v AY,' i 2011, by
Mark Behr, Chairman
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://vermontiudiciarV.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.
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