HomeMy WebLinkAboutSD-14-32 - Decision - 1675 Dorset Street#SD-14-32
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
WILLOWBROOK HOMES LLC —1675 DORSET STREET
PRELIMINARY PLAT APPLICATION #SD-14-32
FINDINGS OF FACT AND DECISION
Preliminary plat application #SD-14-32 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 December 16, 2014. 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 preliminary 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 October 28, 2014.
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 a 10 page set of plans, page one (1) entitled, "Planned Unit
Development 1675 Dorset Street South Burlington, VT", prepared by O'Leary — Burke Civil
Associates, Inc., and dated October 8, 2014.
FINDINGS OF FACT
Dimensional Requirements
The current 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.
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Table 1. Dimensional Requirements
SEQ-VR Zoning District
Required'
Existing
Proposed
Min. Lot Size
12,000 ft.
29.30 acres
5.00 acres
subdivided
from existing
31.87 acre
parcel
Max. Building Coverage
15%
t.b.d.
(-18,000 s.f.)
Max. Total -coverage
30%
2.85%
t.b.d.
(7,150 s.f.)
(-43,500 s.f.)
Min. Front Setback
20 ft.
>20 ft.
>20 ft.
Min. Side Setback
10 ft.
>10 ft.
>10 ft.
Min. Rear Setback
30 ft.
>30 ft.
>30 ft.
Max. Building Height (pitched roof) J
28 ft. 11
<28 ft.
� 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). 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 an 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.
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(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 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. 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 Shapiro 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 and the
Board feels 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. The Board finds that this criterion is met.
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(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 calls 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 December 1, 2014, the Fire Department commented as follows:
Willow Brook Lane (formerly Dog Lane?): Just a note that the Hammerhead at the end of the lane must
accommodate FD apparatus- post snow storage area. The hammer head area shall be posted " no
parking vehicles towed at owners expense". Hydrant location is acceptable.
The Board directs applicants to comply with the Fire Marshall's recommendation.
(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
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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 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.
The maximum height of any structure shall also not exceed those allowed within the Table of Uses and
Dimensional Standards (Appendix Q.
The nine proposed homes are to be 1.5 stories in height. 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. No details are provided any plans for use or maintenance of that common land,
although a trail is proposed as an amenity for the homeowners.
The Board finds that the Condominium Association legal documents shall provide details on the uses
and maintenance of common land on the property.
(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.
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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
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 as noted, there is a common area available for use although no
management plan is proposed. The applicant, as noted below, has indicated that at least some of this
area will be cleared, graded and planted with lawn grass.
In response to an email inquiry from staff regarding these issues, the applicant replied as follows:
-------- Original message --------
From: Peter Kahn <peterskahn a,live.com>
Date:12/11/201411: 20 AM (GMT-05: 00)
To: Dan Albrecht <dalbrechtgccrpcvt.org>
Cc: raygsburl.com, Paul O'leary <polear a olearyburke.com>
Subject: Re: Willow Brook Homes, common area
Hi Dan,
We moved the trail to its current location in order to delineate the open space from the backyards of the
units. This was a suggestion from staff, and we like the idea. We propose to to grade out the open space,
seed it with grass, and mow regularly in order to create an area for passive recreational use. Mowing
the area after build out would then be a responsibility of the association.
Thank you,
Peter Kahn
Willowbrook Homes LLC
From: Dan Albrecht
Sent: Tuesday, December 09, 2014 10:48 AM
To: peterskahnglive.com
Cc: rayAsburl.com
Subject: Willow Brook Homes, common area
Hi Peter:
I'm noticing that there is not much detail on the future disposition of the common area in the NE corner
of the property. Can you provide details on:
-will there be a document describing how this common area will be managed, who can use it and what
are allowed uses
rel
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-do you think it is feasible for you to grade and seed a portion of it so some of this area can be used for
soccer, touch football, casual family play, etc.......... otherwise I don't seeing it being much of an amenity
other than the trail along its western edge.
Also, my comments will note there needs to be some delineation via fencing or planting between the
backyards of the homes and the common area.
Thanks, Dan
See also the discussion under 15.8(A) (4) above regarding the western portion of the property.
The Board finds that the Condominium Association legal documents shall provide details on the uses
and maintenance of common land on 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.
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, most 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. The
Board finds that this criterion is met.
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
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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 shall submit required documentation regarding this standard prior to Final Plat
application.
(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 is requiring the applicant to meet with the Bike & Ped. Committee prior to submitting the
final plat plans.
(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.
See Fire Marshall's comments above.
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.
(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.
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The applicant has submitted several plans addressing standards D. (2) & (3) and E. (1) & (2) above. As
excerpted below, the plans have been reviewed by the Department of Public Works and the applicant
has responded to those comments as follows:
From: Bryan Currier [mailto: bcurriergoleaaburke. com]
Sent: Monday, December 08, 2014 1:21 PM
To: ray
Cc: Paul O'Leary
Subject: RE: Willowbrook Homes, LLC - 1675 Dorset Street
Good Afternoon Ray,
1 have reviewed the comments supplied by Public Works and the City Arborist and made the following revisions
shown in red below:
Landscaping:
1. Road Cross Sections show 14 inches of dense graded crushed stone and 12 inches of sand under street trees.
Trees require a minimum depth of 2. S feet of loam or sandy loam through the greenbelt to provide adequate soil
volume to support tree growth. Trees on the side of the street without a greenbelt could be moved back further from
the street to address this.
Sheet 3 — Roadway Details (attached) has been revised to limit the road sub base to the curb.
2. Fertilizer and lime recommendations should be reworked. Rates specified for liquid fertilizer are excessive,
the granular fertilizer recommendations are meaningless without a fertilizer analysis and lime rates should be based
on a soil test results
Sheet 7 — Landscaping Plan (attached) has been revised to require soil testing and a fertilizer analysis before lime
or fertilizer is applied on -site.
3. Recommend specifying a different Freeman Maple cultivar(Celebration and Sienna Glen both have better
structural form than Autumn Blaze)
Sheet 7 — Landscaping Plan has been revised to show Celebration street trees rather than Freeman Maple.
4. Recommend a larger maturing tree than Japanese Tree Lilac as a street tree.
Sheet 7 — Landscaping Plan has been revised to show Common Hackberry street trees rather than Japanese Tree
Lilac.
S. Clause at bottom of the plant schedule should state that any species substitutions must be approved by the City
of South Burlington
Sheet 7 — Landscaping Plan has been revised accordingly.
Public Works
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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 applicant has provided a summary of hydrologic modeling results on sheet 4. This information was helpful
during review.
N/A
3. Where will overflow from swale 92 flow during a large storm event, or in the event that the swale overflow
device fails?
See Sheet 4 — Storm & EC Details The swale overflow device is equipped with a stone emergency spillway.
4. The City's minimum drainage pipe size is 15 ". Pipes in the road ROW should have this minimum diameter.
Sheet 2 — Plan & Profile (attached) has been revised to show a 15 " PE pipe between CB#1, CB#2, CB93.
5. Consider installation of a stone splash pad or other means to prevent the drainage pipe entering Swale I from
causing erosion.
Sheet 2 — Plan & Profile has been revised to show rip rap for the drainage pipe entering swale 1.
6. Maintenance of the proposed stormwater treatment system may be eligible for transfer to the City in the future.
The applicant may want to consider showing proposed drainage an access easements around the stormwater
facilities on the plat in order to facilitate this. Otherwise, they may need to be added at a later date.
.Sheet 1— Site Plan (attached) and Sheet PL1 — Preliminary Plat (attached) has been updated to show an access
easement to the stormwater facilities for the City of South Burlington
7. The DRB should include a condition requiring the applicant to regularly maintain all stormwater treatment
and conveyance structures on site.
N/A
8. Is the road and associated infrastructure (three stormwater areas, force main, pump station) intended to
become public in the future?
Yes, the intent is to have the city take over the stormwater, forece main, and pump station.
9. The pump station appears to be off the side of the drive for the house to the west of the development though it
is unclear if the area around the PS is to be made of stable materials that would allow for access of heavy
maintenance vehicles.
Yes, the pump station is located right off a future ROW and will be accessible by heavy maintenance vehicles.
10. The topcoat of pavement needs to be I Y2 " thick for a total thickness of 4".
Sheet 3 — Roadway Details has been revised to include 1.5" of type II top coat pavement.
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11. The project is proposing a stop sign where it meets Dorset Street. It will need a stop bar and 50' of yellow
double centerline leading back from the sign. All pavement markings shall be Type I Permanent Tape or DPW
approved equal.
Sheet 3 — Roadway Details has been revised to show a stop bar and 50' of double yellow CL on the intersection
detail.
Please let me know ifyou have any additional questions or comments before the DRB meeting 12116.
Thanks,
Bryan
On December 10, 2014 the Department of Public Works indicated to staff that the applicant's responses
were satisfactory. However, with regards to stormwater the Department indicated as follows:
From: Tom Dipietro
Sent: Wednesday, December 10, 2014 1:58 PM
To: ray; Justin Rabidour; Craig Lambert
Subject: RE: Willowbrook Homes, LLC - 1675 Dorset Street
Ray,
Looks good to me. Just one new comment and a couple things to repeat at final:
1. The project proposes to disturb greater than I acre of land and create greater than I acre of impervious area.
Therefore, it will need construction (3-9020) and operational (3-901 S) stormwater permits from the State of
Vermont Department of Environmental Conservation.
2. The DRB should include a condition requiring the applicant to regularly, maintain all stormwater treatment
and conveyance structures on site.
3. If the applicant intends to turn the stormwater system over to the City they will want include the pipe leaving
CB99 and entering the Swale within the proposed easement.
-Tom
Thomas J DiPietro Jr.
Depuitiv Director
Department of Public Works
City of South Burlington
The Board finds that the applicant shall address the outstanding stormwater questions raised by the
Department of Public Works in their December loth email.
The Board finds that the plans shall be revised to indicate that streetlights shall be mounted at a height
between 12 and 14 ft.
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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 some 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 rather square rather than rectangular. However, generally the layout of the individual
nine homes indicate that their building envelopes and yards would be compliant 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.
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.
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The Board hereby requires the plans be revised to include 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).
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.
See discussion of common land above.
9.08 SEQ-NR &NRT Sub -District; Specific Standards
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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.
(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.
(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)
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(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 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.
(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 9-7.
(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 undated document entitled "UNIT DESIGN
GUIDELINES WILLOWBROOK DELOPMENT (SIC), SOUTH BURLINGTON" prepared by Michael Dugan
Architect toward satisfying standards C. (1) through (5) above.
The Board finds that these guidelines are sufficient for preliminary plat review but that at final plat
submission they should be revised to show additional details regarding a mix of housing styles, sizes or
affordability and that the guidelines should include sample elevations.
UTILITY CABINETS
The plans do not show this level of detail. As with other site elements noted above, these will be
addressed in final plat review.
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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 Reneral review standards for all site Dian applications:
14.06(B)(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 and a two (2) car garage. 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(C)(1) 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.
No elevation plans have yet been submitted. Compliance with these two standards are best addressed at
final plat review.
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.
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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.
Details on wire served utility lines are not provided. Compliance with this standard is best addressed at final
plat review.
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 (ie, 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 with 2 car garages and
likely to be serviced via family sized totes.
D. 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 and therefore this standard is not quite met.
The Board finds that the applicant should revise their landscaping plan to include an additional $336 in total
or $37.33 per unit.
E911 Addresses
The applicant should 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, with the
final plat application.
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Other
Pursuant to Section 15.08 (D) of the LDRs, the applicant shall submit homeowner's association legal
documents with the final plat application.
The final plat application shall include a Certificate of Title as required in Section 15.17 of the LDRs.
Pursuant to Section 15.17 of the South Burlington Land Development Regulations, prior to issuance of
the first zoning permit or start of utility or road construction, the applicant shall submit all appropriate
legal documents including easements (e.g. irrevocable offer of dedication and warranty deed for
proposed public roads, utility, sewer, drainage, water, and recreation paths, etc.) to the City Attorney
for approval and recorded in the South Burlington Land Records.
Prior to the start of construction of the improvements described in the condition above, the applicant
shall post a bond which covers the cost of said improvements.
Pursuant to Section 15.14(E) (2) of the South Burlington Land Development Regulations, within 14 days
of the completion of required improvements (e.g. roads, water mains, sanitary sewers, storm drains,
etc.) the developer shall submit to the City Engineer, "as -built" construction drawings certified by a
licensed engineer.
DECISION
Motion by Bill Miller, seconded by Jennifer Smith, to approve preliminary plat application #SD-14-32 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.
3. The applicant shall receive preliminary wastewater allocation prior to final plat approval and final
wastewater allocation prior to issuance of a zoning permit for the first building, on a building by building
basis.
4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
5. 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.
6. A Certificate of Title showing the ownership of all property and easements to be dedicated or
acquired by the City (see section 15.17 of the SBLDRs) shall be submitted as part of the final plat
application and shall meet the satisfaction of the City Attorney prior to final plat approval.
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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 language for these portions of the
documents shall be submitted as part of the final plat application. The full association documents
shall be submitted for review prior to issuance of the first zoning permit for the property.
8. The association documents demonstrating that there shall be no use of pesticides or non -organic
fertilizers within the wetlands or associated buffers shall be submitted as part of the final plat
application. The full association documents shall be submitted for review prior to issuance of the
first zoning permit for the property.
9. 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.
10. Prior to final plat submission, the applicant shall meet with the Bike & Ped. Committee to elicit their
recommendations, if any.
11. The final plat submission shall include typical building elevations for the buildings and the "Unit Design
Guidelines" shall be revised to better describe the various building styles proposed.
12. Any proposed utility cabinets must be approved by the Development Review Board prior to
installation.
13. 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.
14. 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
reviewed by the City Attorney prior to issuance of a zoning permit for the first building on the
property.
15. Pursuant to Section 12.03 (F) 1 of the Land Development Regulations, the applicant shall submit
record drawings showing pipe invert elevations, drainage structure rim elevation, pipe material, final
grading, etc. prior to acceptance of the streets as City streets.
16. The applicant shall be responsible to regularly maintain all stormwater treatment and conveyance
structures on -site.
17. The plat plans shall be revised to show the changes below prior to final plat submission:
a. The plans shall be revised to indicate that streetlights shall be mounted at a height
between 12 and 14 ft.
b. The landscaping plan shall be revised to include an additional $336 in total or $37.33 per
unit.
c. The plans shall be revised to include a sign at the end of the turn -around indicating that the
roadway may be extended to the north in the future, pursuant to Section 9.09(A)(3) of the
LDRs.
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d. The plans shall be revised to indicate a posted sign installed at the hammer head area
indicating" no parking vehicles towed at owners expense".
e. The plans shall be revised to include some type of improvement (i.e., fence, or
landscaping) to better define the boundary between the open space and the back yards
of the units.
f. The plans shall be revised to show a row of plantings along Dorset Street to separate the
open space area from Dorset Street.
g. The plans shall be revised to comply with the recommendations of the City Arborist in
his email of 12/17/14.
18. 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.
19. The mylars shall be recorded prior to any zoning permit issuance.
20. 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.
21. The final plat application shall be submitted within twelve (12) months from the date of this
decision.
Tim Barritt—
vea
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 —
vea
nay
abstain
not present
John Wilking-
vea
nay
abstain
not present
Motion carried by a vote of 5 — 0 —1
Signed this day of JG�1007VV 2014, by
.. r
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
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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.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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