HomeMy WebLinkAboutSD-15-04 - Decision - 1675 Dorset Street#SD-15-04
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
WILLOWBROOK HOMES LLC —1675 DORSET STREET
FINAL PLAT APPLICATION #SD-15-04
FINDINGS OF FACT AND DECISION
Final Plat application #SD-15-04 of Willowbrook Homes, LLC for a planned unit development consisting
of: 1) the subdivision of a 31.87 acre parcel developed with one (1) single family dwelling into two (2)
lots of 5.0 acres and 26.87 acres and, 2) developing the 5.0 acre parcel with nine (9) single family
dwellings, 1675 Dorset Street.
The Development Review Board held a public hearing on March 3, 2015. Peter Kahn & Paul O'Leary
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, Willowbrook Homes LLC, seeks Final Plat approval for a planned unit
development consisting of: 1) the subdivision of a 31.87 acre parcel developed with one (1)
single family dwelling into two (2) lots of 5.0 acres and 26.87 acres and, 2) developing the 5.0
acre parcel with nine (9) single family dwellings, 1675 Dorset Street.
2. The owners of record of the subject property are William & Gail Lang.
3. The application was received on January 29, 2015.
4. The subject property is located in the Southeast Quadrant Neighborhood Residential, Village
Residential and Natural Resource Protection Zoning Districts.
5. The plans submitted consist of an eleven (11) page set of plans, page one (1) entitled, "Planned
Unit Development 1675 Dorset Street South Burlington, VT Site Plan Overall," prepared by
O'Leary — Burke Civil Associates, Inc., dated October 8, 2014 and last revised on January 26,
2015.
FINDINGS OF FACT
Dimensional Requirements
The owners' parcel is located within the three separate zoning subdistricts of the Southeast Quadrant. The
Board's analysis for compliance is focused solely on the project's compliance with those for the Village
Residential (VR) sub -district wherein the proposed project is taking place.
SD1504 1675 Dorset Street Willowbrook_Homes,-PUD FrnalPlat_ffd.doe 1
#SD-15-04
Table 1. Dimensional
Requirements
SEQ-VR Zoning District
Required
Existing Proposed
Min. Lot Size
12,000 ft.
29.39 acres 5.00 acres (Lot 1)
with Single subdivided from existing
Family home parcel for 9-home PUD,
remaining 24.39 acre
parcel (Lot 2) remains
with SF home
Max. Building Coverage
15%
10 %
21,600 s.f. on Lot 1
Max. Total Coverage
30%
12.4%
48,530 s.f. on Lot 1
Min. Front Setback
20 ft.
>20 ft. >20 ft.
Min. Side Setback
10 ft.
>10 ft.ft.
Min. Rear Setback
30 ft.
_>10
>30 ft. _ ^ >30 ft.
Max. Building Height (pitched roof)
28 ft.
<28ft.
4 zoning compliance
DENSITY
The maximum allowable density is eight (8) units per acre in the VR subdistrict, including use of transferable
development rights. The maximum allowable density on the five (5) acre parcel to be developed would be
40 units and only nine (9) units are proposed.
The five (5) acre parcel to be developed has 1.2 units per acre for a total of six (6) units available (prior to
the transfer of any TDRs or use of density from elsewhere on the property). In order to develop the nine (9)
units proposed, three (3) units are obtained from the adjacent lot remaining, the 26.87 acre parcel,
specifically from that portion which lies within the Village Residential District.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations. PUDs shall comply with
the following standards and conditions:
(A)(1)Suffcient water supply and wastewater disposal capacity is available to meet the needs of the
project.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public
utility system shall be extended to provide the necessary quantity of water, at on acceptable pressure, to the
proposed dwelling units.
According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or
developer shall connect to the public sewer system or provide a community wastewater system approved by
the City and the State in any subdivision where off -lot wastewater is proposed.
Applicant shall obtain final water and wastewater allocations prior to permit issuance.
SD 15 04 1675 Dorset Street _Willowbrook Homes_PUD Fina1P1at_ffd.doe 2
#SD-15-04
(A)(2)Sufficient grading and erosion controls will be utilized during and after construction to prevent soil
erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent
properties.
The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South
Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth
in Section 16.04 of the South Burlington Land Development Regulations.
Erosion control specifications and grading plans have been submitted with the application. The Board finds
this criterion to be met.
(A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
The applicant is proposing to cease use of a portion of the existing driveway and create a new public
road that will serve the existing single family lot and the proposed nine new homes.
The relevant portion of Section 15 of the LDRs is as follows:
(4) Connections to adjacent parcels. If the DRB finds that a roadway extension or connection to an
adjacent property may or could occur in the future, whether through City action or development of an
adjacent parcel, the DRB shall require the applicant to construct the connector roadway to the property
line or contribute to the cost of completing the roadway connection.
(a) In any such application, the DRB shall require sufficient right-of-way to be dedicated to accommodate
two (2) lanes of vehicle travel, City utilities, and a ten foot wide grade -separated recreation path.
The applicant has proposed a curved road that terminates at the northern property line and includes
space for a connection to the west. Should the property be further developed in the future, there is a
city right-of-way along the northern boundary of Dorset Farms which would facilitate a connection into
the middle of the parcel near the existing single family home.
No formal connection is provided to the property immediately to the south. Said southern property may
have some wetland and/or deed limitations and given that it is a single family lot, the Board finds that a
road connection to this parcel is not warranted. The Board finds this criterion to have been met.
(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.
There is an existing small stream and associated wetland running north -south through the property,
identified on the plan as "Existing Zoning Boundary." The 50 ft. stream buffer is shown as is the 50 ft.
wetland buffer. No development other than use of the existing driveway crossing is proposed within the
buffers. In this part of the City, the Arrowwood Environmental Report (2005) updated the findings from the
Open Space Report and was a foundation for the current SEQ zoning. The western edge of the property is
contained within the SEQ — Natural Resources Protection District and includes forested and wetlands areas.
This area is not proposed to be affected by the application.
SDI 504 1675 Dorset Street Willowbrook Homes PUD FinalPlat_ffd,doc 3
#S D-15-04
The applicant has submitted draft language to be included in the Association documents demonstrating
that there shall be no use of pesticides or non -organic fertilizers within the wetlands or associated
buffers.
The Board finds that this criterion is met.
(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 as 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.
The proposal is for nine (9) new single family homes. The project is located within the VR subdistrict, which
allows for up to eight (8) units per acre (with the transfer of development rights); the proposal is well below
this maximum. Compatibility of the proposed development with planned development patterns is further
assessed under the SEQ standards.
The proposed homes and layout are consistent with the standards of the VR subdistrict. The Board finds this
criterion to have been met.
(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.
See discussion under SEQ standards.
(A)(7)The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that
adequate fire protection can be provided.
In an email to staff dated February 25, 2015, the Fire Department stated that: "it appears that all issues
raised by our initial review have been adequately addressed".
(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 landowners.
See discussion below under SEQ standards.
(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.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines
SD. 15 04 1675 Dorset Street__Willowbrook Homes PUD FinalPlatffd.doc 4
#SD-15-04
shall be underground.
(A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The Board finds the project to be consistent with the Comprehensive Plan.
Southeast Quadrant District
This proposed subdivision is located in the southeast quadrant district. Therefore it is subiect 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.
The maximum height of any structure shall also not exceed those allowed within the Table of Uses and
Dimensional Standards (Appendix C).
The nine proposed homes are to be either 1 or 1.5 stories in height above the basement. The Board
finds that this criterion is met.
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.
As most of the parcel remains undeveloped, there still remains contiguous open space between
adjoining parcels. The Board finds that this criterion is met.
(2) Building lots, streets and other structures shall be located in a manner consistent with the
Regulating Plan for the applicable sub -district allowing carefully planned development at the average
densities provided in this bylaw.
See the discussion below under SEQ.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be
established by the applicant.
Section 9 of the SBLDR states that "a range of parks should be distributed through the SEQ to meet a
variety of needs including children's play, passive enjoyment of the outdoors, and active recreation."
Furthermore, "parks should be provided at a rate of 7.5 acres of developed parkland per 1,000
population per the South Burlington Capital Budget and Program" and "a neighborhood or mini park of
SD 1S 04. 1675.DorsetStreet Willoivbrook Homes PUD FinalPlcet ffd.doc 5
#5 D-15-04
10,000 square feet or more should be provided within a one -quarter mile walk of every home not so
served by an existing City park or other publicly -owned recreation area."
No formal park is proposed here, but a large area of the property to the east of the homes will be
available for recreational use. The applicant has submitted draft language to be included in the
Condominium Association legal documents that provide details on the uses and maintenance of Open
Space including the designated "Recreational Area" located to the east of the homes and details on
maintenance of the "Wetlands / Wetlands Buffers." The draft language indicates that the Recreational
Area shall be maintained and regularly mowed.
See also the discussion under 15.8(A) (4) above regarding the western portion of the property.
The Board finds that this criterion is met.
(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.
The project shall adhere to erosion control standards in Section 16.03 of the LDRs. The grading plan shall
meet the standards in Section 16.04 of the LDRs.
The applicant has submitted plans to meet this standard. See discussion above. The Board finds this
criterion to be met.
(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.
The area proposed for development is distant from any wetland, stream or natural community areas.
The Board finds that neither additional landscaping nor fencing is warranted and that this criterion is
satisfied.
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.
As noted above, rnost of the central portion of the property remains undeveloped and could be farmed
in the future. There are no existing agricultural operations adjacent to or impacted by this project
although a neighbor indicated during March 3, 2015 hearing that the field has been hayed in the recent
past. The Board finds that this criterion is met. In addition, the recreational area proposed at the eastern
portion of the project could include community gardens.
SD 15 04,e_1675 Dorset Street Willowbrook HomeS_PUD FinalPlat_ffd. doc 6
#SD-15-04
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.
The Board finds that the proposed development is compatible with the location of planned public
facilities depicted on the Official Map.
(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.
The applicant has received preliminary water and wastewater allocation approvals for the project. The
Board finds that this criterion is met however the applicant must receive final wastewater allocation prior to
issuance of a zoning permit.
(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.
At the request of the City's Bike & Pedestrian Committee, the applicant has proposed granting a 20 ft.
wide bike path easement to the City along the parcel's eastern boundary with Dorset Street. The Board
finds that this criterion is met.
(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.
In an email to staff dated February 25, 2015, the Fire Chief indicated the plans were acceptable.
E. Circulation. The project shall incorporate access, circulation and traffic management strategies
sufficient to prevent unsafe conditions on 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.
(1) Roads shall be designed in a manner that is compatible with the extension of such services and
infrastructure to adjacent properties.
,SD__15 _04_1675 Dorset Streete_Willoivbrook Homes_PUD_FinalPlatffd clot 7
#SD-15-04
(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.
In an email to staff dated February 23, 2015 the Department of Public Works indicated to staff that the
applicant's proposed plans were acceptable.
The Board finds that the criteria in standards D. (2) & (3) and E. (1) & (2) above have been met.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and
neighborhoods shall'apply.
See discussion above
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
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.
The lot overall is square rather than rectangular. However, generally the layout of the individual nine
homes indicate that their building envelopes and yards would be consistent with a 1:2 width -depth ratio
and that the therefore the intent of this criterion is met.
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.
SD__15__04 1675DorsetStreet Willowbrook Homes_PUD._FinalPlat_ffd.doe 8
#SD-15-04
Given the small size of the development, there are limited streets and blocks. The proposal includes a
sidewalk along the eastern edge of the new proposed street as well as a proposed trail connecting with
Dorset Street. It is unclear whether this is a footpath or whether it will be paved or graveled recreation path.
The layout of the street is such that a future connection to the east or north is feasible. The plans indicate
installation of a sign at the end of the turn -around indicating that the roadway may be extended to the
north in the future, pursuant to 9.09(A)(3).
The Board finds that this criterion is met.
D. Parks Design and Development.
(1) General standards. The SEQ has an existing large community park, the Dorset Street Park
Complex. Parks in the SEQ may be programmed as neighborhood parks or mini -parks as defined in
the Comprehensive Plan. Mini parks in the SEQ should be a minimum of 10,000 square feet, with
programming approved by the South Burlington Recreation Department. Such parks are to be
located through the neighborhoods in order to provide a car free destination for children and
adults alike, and to enhance each neighborhood's quality of life. They shall be knitted into the
neighborhood fabric as a focal point in the neighborhood, to add vitality and allow for greater
surveillance by surrounding homes, local streets and visitors. Each park should be accessible by
vehicle, foot, and bicycle and there should be a park within a quarter -mile of every home.
(2) Specific Standards. The following park development guidelines are applicable in the SEQ-
NRT, SEQ-NR, SEQ-VR, and SEQ-VC districts:
(a) Distribution and Amount of Parks:
(i) A range of parks and open space should be distributed through the SEQ to meet a
variety of needs including children's play, passive enjoyment of the outdoors, and active
recreation.
(ii) Parks should serve as the focus for neighborhoods and be located at the heart of
residential areas, served by public streets and fronted by development.
(iii) Parks should be provided at a rate of 7.5 acres of developed parkland per 1,000
population per the South Burlington Capital Budget and Program.
(iv) A neighborhood or mini park of 10,000 square feet or more should be provided
within a one -quarter mile walk of every home not so served by an existing City park or
other publicly -owned developed recreation area.
(b) Dedication of Parks and Open Space: Parks and protected open space must be
approved by City Council for public ownership or management, or maintained permanently by
a homeowners' association in a form acceptable to the City Attorney.
(c) Design Guidelines
(i) Parks should be fronted by homes and/or retail development in order to make
them sociable, safe and attractive places.
(ii) Parks should be located along prominent pedestrian and bicycle connections.
(iii) To the extent feasible, single -loaded roads should be utilized adjacent to natural
open spaces to define a clear transition between the private and public realm, and to
reinforce dedicated open space as a natural resource and not extended yard areas.
SD_ 15 04_ 16i75 Dorset Street__Willowbrook Homes PUD FinalPlat_ ffd. doc 9
#S D-15-04
See discussion of common land above.
9.08 SEQ-NR &NRT Sub -District; Specific Standards
No land development is proposed on the NR portion of this property.
9.09 SEQ-VR Sub -District; Specific Standards
The SEQ-VR 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
(a) Average spacing between intersections shall be 300 to 400 feet.
(b) Dead end streets (e.g. culs de sac) are discouraged. Dead end streets shall not exceed
200 feet in length.
(c) 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 new access road serving the new homes is less than 300 feet long. As noted above, the issue of
street stubs has been addressed. The Board finds that this criterion is met.
(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) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of
1:2.5 to 1:5 recommended.
See discussion under Section 9.07 (B).
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
(a) 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.
SD 15__04_1675 Dorset Street Willowbrook Homes PUD FinalPlat_ffd.doc 10
#SD-15-04
(b) 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)
(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.
The Department of Public Works has addressed the project's compliance with these standards in the
discussion above. These criteria are met.
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.
(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.
(a) Buildings should be set back fifteen feet (15') from the back of sidewalk.
(b) 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.
(4) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-Z
(5) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes,
and affordability is encouraged within neighborhoods and developments. These should be
mixed within blocks, along the street and within neighborhoods rather than
compartmentalized into sections of near -identical units.
The applicant has submitted a two page document dated January 26, 2015 entitled "Unit Design
Guidelines Willowbrook Development, South Burlington, Vermont" prepared by Michael Dugan Architect
toward satisfying standards C. (1) through (5) above. The applicant has also submitted sample
elevations.
The Board finds that these criteria are met.
UTILITY CABINETS
SD__IS 04__1675Dorset Street- _Willowbrook Homes PUD FinalPlat_ffddoc 11
#S D-15-04
The plans do not show any utility cabinets. If any utility cabinets are proposed, approval for their
installation must first be obtained from the Development Review Board.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall
require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes
the following general review standards for all site plan applications:
14.06(8)(1) The site shall be planned to accomplish a desirable transition from structure to site, from
structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate
parking areas.
14.06(B)(2) Parking
14.06(B)(3)Without restricting the permissible limits of the applicable zoning district, the height and scale
of each building shall be compatible with its site and existing or adjoining buildings.
This is a proposed small, single family development of homes on a single, new street. A landscaping plan is
proposed, the development includes a sidewalk on one side of the street and each home will include a
driveway. The proposed homes will be less than 28 ft. in height and of a size similar to others in the
subdistrict. These three criteria are met.
14.06(B)(4) Newly installed utility services and service modifications necessitated by exterior alterations
or building expansions shall, to the extent feasible, be underground.
Not applicable.
14.06(Q1) The DRB shall encourage the use of a combination of common materials and architectural
characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions
between buildings of different architectural styles.
14.06(C)(2) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing
buildings and roads in the vicinity that have a visual relationship to the proposed structures.
The applicant has submitted sample elevations of the homes indicating that they will meet the above
criterion.
Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South
Burlington Land Development Regulations:
14.07 Specific Review Standards
A. Access to Abutting Properties. The reservation of land may be required on any lot for provision
of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto
an arterial or collector street, to provide additional access for emergency or other purposes, or to
improve general access and circulation in the area.
SD 15^04 1675 Dorset Street Willowbrook Homes PUD FinalPlat_ffd.doc 12
#SD-15-04
The applicant will be constructing two hammerheads at the end of the new neighborhood street to
facilitate a westerly connection to the remainder of the property and a northerly connection to the adjacent
parcel.
The Board finds this criterion to be met.
B. Utility Services. Electric, telephone and other wire -served utility lines and service connections
shall be underground insofar as feasible and subject to state public utilities regulations. Any utility
installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site.
The plans detail that such utility lines and connections are underground. The Board finds that this
criterion is met.
C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including
compliance with any recycling or other requirements, shall be accessible, secure and properly screened
with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles
intended for use by households or the public fle, non-dumpster, non -large drum) shall not be required
to be fenced or screened.
No dumpsters are necessary as the development consists of single family homes and likely to be serviced via
family sized totes. This criterion is met.
O. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening
shall be required for all uses subject to planned unit development review. The minimum landscape
requirement for this project is determined by Table 13-9 of the South Burlington Land Development
Regulations. The costs of street trees are above and beyond this minimum landscape requirement. When a
planting plan is submitted as part of preliminary and final plat review, it will be submitted to the City
Arborist for review and comment.
A landscape plan has been submitted which includes a proposed house landscaping schedule. According to
the applicant, the construction cost per unit is $150,000. The total construction cost for these nine units is
therefore $1,350,000. The minimum landscaping standard is $7,500 on the first $250,000 of total building
cost, $5,000 on the next $250,000 and $8,500 on the remaining $850,000 for combined total of $21,000,
This schedule proposes a budget of $2,296.00 per unit for a total landscaping budget for the nine units of
$20,664.00 supplemented by $10,935 in backyard landscaping and landscaping along Dorset Street for a
total of $31,599 and therefore this standard is met.
The Board finds that this criterion is met.
The Board finds that the applicant and a neighbor have agreed to split the cost of planting a new hedgerow
of evergreens along the northern boundary. The Board also finds that the applicant shall consult with the
City Arborist on the final location of street trees particularly those nearest the northern boundary of the
property.
SD 15 04 1 b7S Dorset Street Willowbrook Homes PUD F'inalPlat ffd.doe 13
#SD-15-04
E911 Addresses
The applicant will be required to submit a name for this street, which shall be approved by the Planning
Commission, and E911 addresses for the proposed project, in conformance with the E911 addressing
standards, which shall be included on the final plat plans.
Other — Stormwater
On December 10, 2014, the Public Works Department provided comments on Stormwater management
related to the project. The applicant responded on February 23, 2015, as excerpted below, to these
comments and the Department indicated these responses were acceptable that same day.
1) The project proposes to disturb greater than 1 acre of land and create greater than 1 acre of
impervious area. Therefore, it will need construction (3-9020) and operational (3-9015) Stormwater
permits from the State of Vermont Department of Environmental Conservation.
N/A
2) The DRB should include a condition requiring the applicant to regularly maintain all stormwater
treatment and conveyance structures on site.
N/A
3) If the applicant intends to turn the stormwater system over to the City they will want include the
pipe leaving C8#9 and entering the Swale within the proposed easement.
The storm water system was revised for final submittal to have the discharge pipe come from CB#5. The
plat was revised to show an easement centered on the discharge pipe. (Sheet 2 — Plan & Profile, Sheet PL
— Plat)
Street Bond
The applicant, pursuant to Section 15.1S (C) of the LDRs, is required to provide the Board with an
estimated cost for the construction of the public infrastructure. The applicant provided an estimate of
$437,000. This number should be verified by the Director of Public Works.
DECISION
Motion by Bill Miller, seconded by Jennifer Smith, to approve Final Plat application #SD-15-04 of
Willowbrook Homes, LLC subject to the following stipulations:
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 plat submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning.
SD 15 04_1675DorsetStreet Willowbrook Homes PUD_FinalPlat_ffd.doe 14
#S D-15-04
3. The plat shall be revised to show the changes below and shall require approval of the Administrative
Officer. Four (4) copies of the approved revised plans shall be submitted to the Administrative
Officer prior to recording the plat.
The survey plat shall be revised to include the signature and seal of the land surveyor.
The plans shall be revised to include a street name approved by the Planning
Commission.
c. The plans shall be revised to include street addresses as in compliance with the E-911
addressing standards.
4. The applicant shall receive final wastewater allocation and final wastewater allocation prior to issuance
of a zoning permit.
5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
6. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of
the South Burlington Land Development Regulations. In addition, the grading plan shall meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
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 applicants shall notify all buyers in the subdivision that the public street 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.
9. The applicant shall post an $18,450 landscaping bond for the street trees prior to issuance of the
zoning permit for road construction and a $31,599 landscaping bond for house plantings, back yard
and Dorset Street landscaping prior to issuance of the first permit for the first homes. These bonds
shall remain in full effect for three (3) years from planting to assure that the landscaping has taken
root and has a good chance of survival.
10. Units constructed as part of this project shall be compliant with two page document dated January
26, 2015 entitled "Unit Design Guidelines Willowbrook Development, South Burlington, Vermont"
prepared by Michael Dugan Architect submitted as part of this application.
11. Any proposed utility cabinets must be approved by the Development Review Board prior to
installation.
12. Per section 12.03.F(1) of the City's Land Development Regulations, upon completion of the
infrastructure, the applicant shall submit record drawings showing pipe invert elevations, drainage
structure rim elevation, pipe material, final grading, etc.
13. There shall be no use of herbicides or pesticides, nor non -organic fertilizers, within the wetlands or
associated 25 foot buffers. This shall be reflected in the association documents which shall be
.SD 15 04 1675 Dorset Street Willowbrook_Homes_PUD. FinalPlal_ffd.doc . 15
#SD-15-04
reviewed by the City Attorney prior to issuance of a zoning permit for the first building on the
property.
14. The applicant shall be responsible to regularly maintain all stormwater treatment and conveyance
structures on -site.
15. Prior to recording the final plat plans, 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.
16. Pursuant to Section 15.17 of the Land Development Regulations, the applicant shall submit a
Certificate of Title showing the ownership of all property and easements to be dedicated or acquired
by the City to be approved by the City Attorney prior to recording the mylars.
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 applicant shall obtain a zoning permit for the first of the nine (9) homes within six (6) months of
this approval. The Development Review Board grants a period of five (5) years for approval of the
remainder of the homes. At such time as the five years is reached and the applicant has not sought a
zoning permit for the remainder of the homes, they shall be eligible, per Section 17.04 of the South
Burlington Land Development Regulations, for one (1) extension to an approval if the application
takes place before the approval has expired and if the Development Review Board determines that
conditions are essentially unchanged from the time of the original approval. In granting such an
extension, the Development Review Board may specify a period of time up to one (1) year for the
extension.
20. Prior to start of construction of the improvements described in condition #15 above, the applicant
shall post a bond in the amount of $437,000 or another amount as determined by the Director of
Public Works.
21. 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.
22. Street trees must be in place along the street prior to adding the final layer of the pavement.
23. The applicant and a neighbor have agreed to split the cost of planting a new hedgerow of evergreens
along the northern boundary.
24. The applicant shall consult with the City Arborist on the final location of street trees particularly those
nearest the northern boundary of the property.
25. All exterior lighting shall be downcast and shielded, and otherwise comply with Section 13.07 of the
SBLDR.
SD 15 04_1675 Dorset Street Willowbrook Homes PUD FinalPlat_ jd.doe 16
#SD-15-04
26. The final plat plans (sheet 1 and subdivision 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
GIS Coordinator.
Tim Barritt—
yea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Brian Breslend—
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 6 — 0 — 0
l �
Signed this(ti/ day of �I �� 2015, 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://vermontiudiciary.org/GTC/`environmental/default.asi)x 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.
SD 15.04.1675 Dorset Street Willowbrook Homes YUD_FinalYlat_ffd.doc 17