HomeMy WebLinkAboutSD-11-28 - Decision - 1965 Dorset Street#SD-11-28
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CHRISTOPHER HALL —1965 DORSET STREET
PRELIMINARY & FINAL PLAT APPLICATION #SD-11-28
FINDINGS OF FACT AND DECISION
Christopher & Anne Hall, hereinafter referred to as the applicants, are seeking preliminary and
final plat review to subdivide a 2.77 acre parcel developed with a single family dwelling into two
(2) lots of 1.02 acres (lot #1) and 1.75 acres (lot #2), 1965 Dorset Street.
The Development Review Board held public hearings on October 4 and October 18, 2011.
Christopher Hall represented the applicants.
Based on testimony provided at the above mentioned public hearing and the plans and supporting
materials contained in the document file for this application, the Development Review Board
finds, concludes, and decides the following:
FINDINGS OF FACT
1. Christopher & Anne Hall are seeking preliminary and final plat review to subdivide a 2.77
acre parcel developed with a single family dwelling into two (2) lots of 1.02 acres (lot #1) and
1.75 acres (lot #2), 1965 Dorset Street.
2. The owners of record of the subject property are Christopher S. Hall & Anne Flint Hall.
3. The application was received on August 17, 2011.
4. The subject property is located in the Southeast Quadrant Zoning District.
5. The plan submitted is entitled "Christopher S. Hall & Anne Flint Hall, 1965 Dorset Street,
South Burlington, Vermont", prepared by TDH Surveying & Design Inc., dated May 31, 2011
and last revised on October 5, 2011. The applicant also submitted an architectural rendering.
Zoning District & Dimensional Requirements
SEQ Neighborhood
Residential
Zoning District
Requirement/Limitation
Proposed
Min. Lot Size
12,000 SF
1.02 acres
A Max. Densit -NRT & VR
See note below
Max. Building Coverage
15%
14.1%**
Max. Total Coverage
30%
3.6%**
Min. Front Setback
30 ft.
>30 ft.
Min. Side Setback
10 ft.
>10 ft.
Min. Rear Setback
30 ft.
>30 ft.
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A The NRT district allows for a base density of 1.2 units with a maximum of 4 units per
acre with the transfer of applicable density rights under Chapter 9 of the South
Burlington Land Development Regulations (SBLDRs). An additional home would be
permitted on the second lot without any TDRs.
** Coverage information is for Lot 1 which contains the existing home.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions
shall comply with the following standards and conditions:
The project is designed to be visually compatible with the planned development patterns in the
area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it
is located
The standards for this criterion are found below in a review of the regulations of the Southeast
Quadrant.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The Board finds that the proposed subdivision of this property is in conformance with the South
Burlington Comprehensive Plan. The density, resulting lot sizes, and dimensional standards are as
prescribed, as is the residential use of the land.
Southeast Ouadrant District
This proposed subdivision is located in the southeast quadrant district. Therefore it is subject to
the provisions of Section 9 of the SBLDR.
9.06 Dimensional and Design Requirements Applicable to All Sub -Districts. The following
standards shall apply to development and improvements within the entire SEQ Zoning
District.
A. Height.
(1) The maximum height of any occupied structure in the SEQ-NRP, SEQ NRT, or SEQ-
NR sub -district shall not exceed forty-five feet (45'); the waiver provisions of Section 3.07(E)
shall not apply to occupied structures in these sub -districts
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(2) The maximum height of any occupied structure in the SEQ-VR or SEQ-VC sub -district
shall not exceed fifty feet (509; the waiver provisions of Section 3.07(E) shall not apply to
occupied structures in these sub -districts
No new buildings are proposed as part of this application; if a single family home is constructed
on the additional lot, then it shall meet the height restrictions of the district.
B. Open Space and Resource Protection.
(l) Open space areas on the site shall be located in such a way as to maximize opportunities
for creating usable, contiguous open spaces between adjoining parcels
At this time, there are only two lots proposed. The Board finds that the proposed subdivision meets
this criterion to the extent necessary at this time.
(2) Building lots, streets and other structures shall be located in a manner consistent with the
Regulating Plan for the applicable subdistrict allowing carefully planned development at the
average densities provided in this bylaw.
The proposed subdivision is in compliance with this criterion at this time.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing management
shall be established by the applicant.
This is a small lot without any identified natural areas.
(4) Sufficient grading and erosion controls shall be employed during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous
conditions on the subject property and adjacent properties In making this finding, the
Development Review Board may rely on evidence that the project will be covered under the
General Permit for Construction issued by the Vermont Department of Environmental
Conservation.
At this time no construction is planned. The Board recognizes that this may change should the new
lot be developed beyond the extent of a a single family home and therefore this criterion would be
better addressed at that time and if necessary.
(5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or
primary or natural community areas and buffers in a manner that is aesthetically compatible
with the surrounding landscape. Chain link fencing other than for agricultural purposes shall
be prohibited within PUDs; the use of split rail or other fencing made of natural materials is
encouraged.
At this time no construction is planned. This criterion is not applicable to this application.
C. Agriculture. The conservation of existing agricultural production values is encouraged
through development planning that supports agricultural uses (including but not limited to
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development plans that create contiguous areas of agricultural use), provides buffer areas
between existing agricultural operations and new development, roads, and infrastructure, or
creates new opportunities for agricultural use (on any soil group) such as but not limited to
community -supported agriculture. Provisions that enhance overall neighborhood and natural
resource values rather than preservation of specific soil types are strongly encouraged
This criterion is not applicable to this application.
D. Public Services and Facilities. In the absence of a specific finding by the Development
Review Board that an alternative location and/or provision is approved for a specific
development, the location of buildings, lots, streets and utilities shall conform with the
location of planned public facilities as depicted on the Official Map, including but not
limited to recreation paths, streets, park land, schools, and sewer and water facilities.
(1) Sufficient water supply and wastewater disposal capacity shall be available to meet the
needs of the project in conformance with applicable State and City requirements, as
evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water
and Wastewater Permit from the Department of Environmental Conservation.
The final plat plan shall show the provisions for water supply and sewage disposal. The applicant
has revised the plans to show the water and sewer provisions. The Director of Public Works has
approved the plans and stated that the water provisions are adequate to service the home, as well as
the required sprinkler system.
(2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and
lighting shall be designed in a manner that is compatible with the extension of such services
and infrastructure to adjacent properties.
The South Burlington Recreation Path Committee has reviewed the plans and stated that they
have no comments or proposed changes.
(3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is
consistent with City utility plans and maintenance standards, absent a specific agreement
with the applicant related to maintenance that has been approved by the City Council.
The South Burlington Recreation Path Committee has reviewed the plans and stated that they
have no comments or proposed changes.
(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.
The access drive appears to be approximately 10 feet wide. As the lot is not accessed directly on a
public road, the regulations require that the house be fitted with a residential sprinkler system which
rd
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meets the standards prescribed by the South Burlington Fire Chief. The well shall be dug to
sufficiently accommodate this.
E. Circulation. The project shall incorporate access, circulation and traffic management
strategies sufficient to prevent unsafe conditions on of adjacent roads and sufficient to create
connectivity for pedestrians, bicycles, vehicles, school transportation, and emergency service
vehicles between neighborhoods. In making this finding the Development Review Board may
rely on the findings of a traffic study submitted by the applicant, and the findings of any
technical review by City staff or consultants.
The applicant is proposing access to the second lot via an existing gravel access road over an
easement to the south side of the property. The access drive would be located over land owned by
the Schoolhouse and would require an access easement to be recorded prior to recording the final
plat plan. The applicant has submitted evidence that permission been conveyed for this use from the
Schoolhouse.
(1) Roads shall be designed in a manner that is compatible with the extension of such
services and infrastructure to adjacent properties.
No new roads are planned as part of this application. The applicant is proposing to access the
rear lot by means of a 10 foot wide access drive. The Board finds this is sufficient means of
access for a single home. There is no approval for any additional homes or buildings to be served
by this access, on this lot or the Schoolhouse lot.
(2) Roads shall be designed in a manner that is consistent with City roadway plans and
maintenance standards, absent a specific agreement with the applicant related to
maintenance that has been approved by the City Council.
No new roads are planned as part of this application.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets
and neighborhoods shall apply.
No new roads are planned as part of this application.
9.09 SEO-NR Sub -District; Specific Standards
The SEQ-NR sub -district has additional dimensional and design requirements, as
enumerated in this Section.
A. Street, Block and Lot Pattern
(1) Development blocks. Development block lengths should range between 300 and 400
linear feet; see Figure 9-2 for example. If longer block lengths are unavoidable blocks 400
feet or longer must include mid -block public sidewalk or recreation path connections..
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(2) Interconnection of Streets. Average spacing between intersections shall be 300 to 400
feet. Dead end streets (e.g. culs de sac) are discouraged. Dead end streets may not exceed
200 feet in length. Street stubs are required at the end of dead end streets to allow for
future street connections and/or bicycle and pedestrian connections to open space and
future housing on adjoining parcels per section 15.12(D)(4).
(3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the
property line and connected to adjacent parcels per section 15.12(D)(4) of these
Regulations. Posting signs with a notice of intent to construct future streets is strongly
encouraged.
(4) Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to
1:5 recommended.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the
VR sub -district are intended to be low -speed streets for local use that discourage through
movement and are safe for pedestrians and bicyclists. Dimensions for public collector and
local streets shall be as set forth in Tables 9-3 and 9-4, and Figures 9-8 and 9-9 below.
(2) Sidewalks. Sidewalks must be a minimum of five feet (5') in width with an additional
minimum five-foot planting strip (greenspace) separating the sidewalk from the street.
Sidewalks are required on one side of the street, and must be connected in a pattern that
promotes walkability throughout the development. The DRB may in its discretion require
supplemental sidewalk segments to achieve this purpose.
(3) Street Trees; see Section 9.08(B) (3)
Street trees are required along all streets in a planting strip a minimum of five feet wide.
Street tress shall be large, deciduous shade trees with species satisfactory to the City
Arborist. Street trees to be planted must have a minimum caliper size of 2.5 to 3 inches
DBH, and shall be planted no greater than thirty feet (301) on center.
(4) On -street parking; see Section 9.08(B) (4).
(5) Intersection design. Intersections shall be designed to reduce pedestrian crossing
distances and to slow traffic; see Figure 9-6 and Section 9.08(B) (5).
(6) Street and sidewalk lighting. Pedestrian -scaled light fixtures (e.g., 12' to 14') shall be
provided sufficient to ensure pedestrian safety traveling to and from public spaces. Overall
illumination levels should be consistent with the lower -intensity development patterns and
character of the SEQ, with lower, smoother levels of illumination (rather than hot -spots)
and trespass minimized to the lowest level consistent with public safety.
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C. Residential Design
(1) Building Orientation. Residential buildings must be oriented to the street. Primary
entries for single family and multi -family buildings must face the street. Secondary
building entries may open onto garages and/or parking areas. (Special design guidelines
apply to arterial streets).
(2) Building FaVades. Building facades are encouraged to employ a theme and variation
approach. Buildings should include common elements to appear unified, but facades should
be varied from one building to the next to avoid monotony. Front porches, stoops, and
balconies that create semi -private space and are oriented to the street are encouraged.
(3) Front Building Setbacks. In pedestrian districts, a close relationship between the
building and the street is critical to the ambiance of the street environment. Buildings
should be set back fifteen feet (15') from the back of sidewalk.
(4) Porches, stoops, and balconies may project up to eight feet (8') into the front setbacks.
Porch, stoop and balcony areas within the front setback shall not be enclosed or
weatherized with glazing or other solid materials.
(5) Placement of Garages and Parking. See Section 9.08(C) (4) and Figure 9-7. The front
building line of the garage must be set behind the front building line of the house by a
minimum of eight feet.
(6) Mix of Housing Types. A mix of housing types is encouraged within neighborhoods and
developments. Housing types should be mixed within blocks, along the street and within
neighborhoods rather than compartmentalized into sections of identical housing types.
The applicant has submitted an architectural rendering and floor plan of the proposed home. The
Board finds this proposal meets the standards for residential design criteria.
DECISION
Motion by Joe Randazzo, seconded by Roger Farley, to approve Final Plat Application #SD-11-
28 of Christopher and Anne Hall, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
2. This project shall be completed as shown on the plat submitted by the applicant and on file in
the South Burlington Department of Planning and Zoning.
3. The new home on Lot 2 shall be constructed with a residential sprinkler system which meets
the satisfaction of the South Burlington Fire Chief.
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4. The new house shall be built to the architectural design submitted by the applicant. The
garage shall be set back eight (8) feet from the front of the home.
5. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
7. Prior to recording the final plat plan, the access easement deed for Lot #2 shall be reviewed and
approved by the City Attorney and recorded in the land records.
8. The mylar shall be recorded prior to the issuance of a zoning permit for development of Lot #2.
9. The plat shall be revised to show the change below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plat shall be submitted to
the Administrative Officer prior to permit issuance
a. The plat shall be revised to include the signature of the land surveyor.
10. The final plat plan (survey plat) shall be recorded in the land records within 180 days or this
approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to
recording. Prior to recording the final plat plan, the applicant shall submit a copy of the
survey plat in digital format. The format of the digital information shall require approval of
the South Burlington GIS Coordinator.
Tim Barritt— yea/nay/abstain/not present
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Joe Randazzo— yea/nay/abstain/not present
Michael Sirotkin — yea/nay/abstain/not present
Bill Stuono — yea/nay/abstain/not present
Motion carried by a vote of 5-0-0.
Signed this day of D cf'z be, �2 2011, by
Bill Stuono, Vice Chairman
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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://vennontjudiciary.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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