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HomeMy WebLinkAboutSD-23-11 - Supplemental - 1200 Dorset Street #SD-23-11 CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SD-23-11_1200 Dorset St_1200 Dorset St LLC_PP_FP_2023-08- 01.docx DEPARTMENT OF PLANNING & ZONING Report preparation date: July 26, 2023 Application received: June 28, 2023 1200 Dorset Street – 1200 Dorset, LLC Preliminary & Final Plat Application #SD-23-11 Meeting Date: August 1, 2023 Owner Highland Development Company, LLC 63 Kristie Lane Jericho, VT 05465 Applicant 1200 Dorset, LLC 63 Kristie Lane Jericho, VT 05465 Property Information Tax Parcels 0570-01200 Southeast Quadrant-Neighborhood Residential Zoning District Parcel size: 1.29 acres Engineer Civil Engineering Associates 10 Mansfield View Lane South Burlington, VT 05403 Location Map #SD-23-11 PROJECT DESCRIPTION Preliminary and final plat application #SD-23-11 of Casey Douglass to amend a previously approved 5.52 acre 6-unit planned unit development. The amendment consists of subdividing lot 6, developed with a single family home and barn, into two lots of 0.69 acres (Lot 6A) and 0.60 acres (Lot 6B) for the purpose of demolishing the existing single family home and barn and constructing a new single family dwelling on each lot, 1200 Dorset Street CONTEXT The property is located within the 5.52 acre Foulsham Hollow Planned Unit Development, also known as the Heald Subdivsion, which was approved in late 2001 with application #SD-01-59. The decision at that time was very brief, and generally approved the plans as presented, with minor waivers to reduce the required lot frontage. There is no longer a required minimum lot frontage in this zoning district. It also included a condition that the existing home at 1200 Dorset Street be reconfigured to have its driveway access off Foulsham Hollow Road. The City is in possession of an irrevocable offer of dedication for the roadway but has not accepted the roadway. COMMENTS Development Review Planner I Marty Gillies and Development Review Planner Marla Keene, hereafter referred to as Staff, have reviewed the plans submitted by the applicant and offer the following comments. Numbered comments for the Board’s attention are in red. The application is subject to zoning district and dimensional standards, subdivision standards, general planned unit development standards, site plan and conditional use review standards, the general regulations of Article 3 and the supplemental regulations of Article 13. A) ZONING DISTRICT AND DIMENSIONAL STANDARDS Dimensional standards include a minimum lot size of 9,500 sf for a single family home, 20% building coverage and 40% lot coverage, and 20 ft, 10 ft, and 30 ft front, side, and rear setbacks, respectively. As through-lots, the proposed lots will have a front lot line on each of Foulsham Hollow Road and Dorset Street, and no rear lot lines. Additionally, the dimensional standards include a maximum building height for structures with pitched roofs of 28 feet. 1. Staff recommends the Board include a condition that the development on each of the proposed lots meets the dimensional standards of the Southeast Quadrant – Neighborhood Residential zoning district. The applicant is proposing density above the inherent base density of the parcel proposed to be subdivided. Therefore the applicant required to employ the use of one Transfer Development Right, discussed under section 15.A.11(A)(3) below. Transfer Development Rights, or TDRs, are governed by Article 19 of the LDRs, which regulates where TDRs can sent from, where TDRs can be applied (or ‘received’), and the processes by which TDRs are calculated, transferred, and recorded. The applicant is proposing to purchase a TDR from a property in the SEQ-NRP zoning district for receipt at the subject parcel in the SEQ-NR zoning district. Staff considers that the standards of Article 19 as they pertain to the use of this TDR have been met. B) SUBDIVISION STANDARDS 15.A.04 Classification A. Subdivision Classes. #SD-23-11 For purposes of these Regulations, subdivisions of land shall be classified as by the Administrative Officer as follows: 1) A Minor Subdivision, to be reviewed under Section 15.A.07, which is limited to: a. The subdivision of an existing lot, tract or parcel of land into two lots, including the parent or retained lot, if the lot to be created is less than two times the minimum lot area for the district in which it is located, and either has required street frontage, or shares highway access with the retained lot; or b. A lot line adjustment or lot merger which does not meet the requirements for administrative approval under Section 15.A.03. 2) A Major Subdivision, to be reviewed under Sections 15.A.06 and 15.A.07, which includes a subdivision of land that involves any of the following: a. The subdivision of an existing lot, tract or parcel of land into two lots, which does not qualify as a minor subdivision under (A)(1); b. The creation of three or more lots through the subdivision or re-subdivision of an existing lot, tract, or parcel; c. The installation or extension of one or more streets; d. The extension of any off-tract municipal or governmental infrastructure, facilities, or other improvements; or e. A Planned Unit Development (PUD) under Article 15.C, to be reviewed by the DRB concurrently with subdivision review. This application will be considered a Major Subdivision because the lots to be subdivided are each larger than two times the minimum lot area in the applicable zoning district. 15.A.11 General Standards A. Development Suitability. The applicant must demonstrate that the land to be subdivided is physically suited for its intended use and the proposed density or intensity of development, and that the proposed subdivision will not result in undue adverse impacts to public health and safety, environmental resources as identified and regulated under Article 12, neighboring properties and uses, or public facilities and infrastructure located on or within the vicinity of the land to be subdivided. (1) Physical Site Constraints. Land that is physically unsuited for development, including land that is characterized by periodic flooding, poor drainage, shallow soils, landslides, environmental site contamination or other known physical hazards or constraints, must not be subdivided for development unless the applicant can demonstrate that such limitations can be overcome, remediated, or mitigated as necessary to allow for subsequent development. Staff considers there to be no known physical site constraints on this property, as the presence of manmade steep slopes does not constitute an Environmental Hazard. As such, Staff considers this criterion to be not applicable. (3) Buildable Area Calculations. The allowed number of building lots or dwelling units within the subdivision shall be calculated based on the Buildable Area of the parcel or tract to be subdivided except as otherwise specified for a Transect Zone Subdivision under Article 8, a Planned Unit Development under Article 15.C; and as provided for the transfer of development rights under Article 19, or affordable housing offsets, bonuses, or incentives under Article 18. The project is located in the SEQ-NR zoning district, which has an inherent density of 1.2 units per acre, which may be increased to 1.8 units per acre with the transfer of development rights or through the use of inclusionary zoning. Specifically, the 1.29 acre lot 6 has an inherent density of #SD-23-11 1.55 units, which may be increased to 2.32 units through the use of transferred development rights or inclusionary housing. The applicant has indicated their intention to purchase development rights and has provided an executed option agreement for 1 transfer development right, or 0.83 acres. The applicant must record the purchase and use of the transferred development right prior to issuance of a zoning permit for a second home on the subdivided land. The LDRs prohibit transfer of less than one full development right, or 0.83 acres. Transfer development rights are discussed in LDR Article 19 and are summarized in the Zoning District & Dimensional Standards section above. C. Development Context 1) Overlay Districts There are no Overlay Districts applicable to this parcel. 2) Multiple Districts This parcel is located entirely within the SEQ-NR zoning district. 3) Compliance with Other Regulations All other regulations, ordinances, and standards are either entirely inapplicable to this project or not presently applicable to this project – for example, the applicant will have to pay Impact Fees prior to issuance of a Zoning Permit for either proposed new single-family home, but those Fees cannot be calculated until the applicant has provided a final bedroom count and square footage for the proposed homes. As such, the Impact Fee Ordinance is not presently applicable. 4) Compliance with an Approved Master Plan There is no approved Master Plan governing this parcel. D. Development Connectivity The applicant must demonstrate that the subdivision, to the extent physically feasible, is configured and laid out to maximize connections with adjoining parcels and neighborhoods, and to avoid creating isolated and disconnected enclaves of development, except where necessary to separate incompatible land uses, or to avoid undue adverse impacts to resources identified for protection under Article 12. Accordingly, the applicant must demonstrate that the subdivision is laid out to connect with and extend existing and planned streets, sidewalks, recreation paths, transit routes, and utility and greenway corridors located adjacent to or within ½-mile of the subdivision, or as indicated on the City’s Official Map. Off-site improvements necessary to serve the proposed subdivision must be provided in accordance with 15.A.18. The proposed amendment to the existing PUD is a subdivision of one lot into two, and includes the closing of a curb cut along Dorset Street in favor of a proposed curb cut on Foulsham Hollow Road that will serve both lots. There are no other impacts of the proposed amendment to the PUD that affect compliance with this criterion. 15.A.12 Resource Protection Standards There are no identified Natural Resources or Environmental Hazards on this property. As such, this section does not apply to this application. 15.A.16 Blocks and Lots A. Purpose. The layout and configuration of blocks and building lots in relation to the street network establishes the overall pattern of development, including the creation or extension of walkable, pedestrian-friendly neighborhoods and mixed use developments. As such, the configuration of blocks and building lots represent a fundamental component of subdivision design. Accordingly, the applicant must demonstrate that the proposed subdivision incorporates: #SD-23-11 (3) Block faces and building lots that, where feasible, are oriented to maximize solar access and gain; (4) Regularly shaped building lots that front on, and minimize lot frontage or width along abutting streets; Staff has included these elements of the Blocks and Lots purpose statement as a guide to the Board in their discussion of the specific standards outlined below. C. Lots. All lots must be laid out to logically relate to topography and their intended use or purpose. Building lots must be laid out within existing and planned street and block configurations, in such a way that they can be developed in full compliance with their intended use and these Regulations. Unless otherwise specified under these Regulations as applicable to the subdivision: (7) Unless otherwise specified under these Regulations, building lots must have sufficient developable area to accommodate proposed building types, associated yard or other required open space areas, site drainage, utilities, or other improvements required under these Regulations, including site plan standards under Article 14. Staff considers the applicant has demonstrated that these lots are buildable, though Lot 6A will require an access easement over Lot 6B. (8) Unless otherwise specified under these Regulations, building lots must have sufficient developable area to accommodate proposed building types, associated yard or other required open space areas, site drainage, utilities, or other improvements required under these Regulations, including site plan standards under Article 14. Both proposed building lots are large enough and unencumbered enough to accommodate all improvements required by the Regulations and proposed as part of this application. (9) A building lot generally must be rectangular in shape, with side lot lines that are perpendicular or radial to the abutting street, and rear lot lines that parallel the street, except as necessary to accommodate existing rights-of-way or other physical site constraints (see Figure 2-1, Lots, Yards and Lot Lines). Irregular or oddly shaped building lots, including flag and through lots, are prohibited, except for: (a) A flag lot, with a minimum of fifteen (15) feet of frontage on the abutting street, as necessary to accommodate a back-lot subdivision and infill development within an existing subdivision, block pattern, or development; (b) A triangular or trapezoidal building lot defined by abutting streets that otherwise has sufficient street frontage and lot area to meet minimum lot requirements; or (c) A through lot with frontage on two parallel or intersecting streets that cannot be further subdivided under minimum lot requirements, provided that front setback requirements can be met on both streets. Staff considers the proposed lot lines to be laid out to best meet these requirements, given the existing street rights-of-way. (10) Building lots should be oriented and configured to minimize lot width (frontage) along the street. The preferred building lot width to depth ratio is 1:2; however, a ratio of 1:1 to 1:5 may be allowed as necessary to accommodate physical site constraints, stormwater drainage, or rear lot access and parking. Lot 6B does not meet the required lot ratio of 1:1. However, it is not possible to subdivide the lot into the maximum of two lots and still meet the required ratio, therefore Staff recommends the Board waive this dimensional standard as permitted under 15.C.07 due to physical site limitations. #SD-23-11 (11) Building lots must be configured to avoid or, where necessary, minimize rear lot lines that abut side lot lines. Unless otherwise specified under these Regulations, corner lots must be configured to meet lot frontage and front setback or build-to-zone requirements on all abutting streets. Lot 6B is a corner lot and is proposed to meet setback requirements. Lot 6A is not a corner lot. Its northern property line is a side lot line, and abuts what will also be a side lot line if the proposed development at 1170 & 1180 Dorset Street is approved by the Board. Both proposed lots have two fronts and therefore no rear lot lines. Staff considers the proposed configuration of the lots to be appropriately configured to minimize rear lot lines that abut side lot lines. (12) Temporary or permanent surface parking lots, where parking is the principal use, must at minimum meet the minimum lot area requirement applicable to building lots, to allow for future parking lot redevelopment. Such lots must also be shown on subdivision plans and plats submitted with the application. Parking is not the principal use of either of the proposed new parcels – as such, this criterion does not apply. 15.A.17 Mix of Dwelling Unit Types A. Mix of Dwelling Unit Types and Architectural Features A mix of dwelling unit types (i.e. cottage, single family, two-family, small multi-family, townhouse, etc. etc.) and mix of architectural features and styles must be provided within neighborhoods and developments. These must be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near-identical unit types. An applicant for a subdivision shall submit a plan demonstrating how this mix will be achieved for the Development Review Board’s consideration at the preliminary plat stage. Where a Planned Unit Development approved under Article 15C establishes standards for a mix of dwelling unit or building types, those standards shall supersede these herein. The proposed subdivision is for two homes. The existing homes on Foulsham Hollow Road are generally the same architectural style. Given the small number of homes proposed, Staff considers no specific restriction on dwelling unit types or architectural features beyond those specified in 13.17 Residential Design for New Homes to be appropriate for this subdivision. 15.A.18 Infrastructure, Utilities, and Services A. Capacity of Community Facilities, Utilities, and Services The applicant must demonstrate that the proposed subdivision and development will not exceed the existing or planned capacity of, or cause a disproportionate or unreasonable burden on City facilities, utilities and services, including: • Public schools, • Police, fire protection and ambulance services, • Street infrastructure and maintenance, • Parks and recreation facilities, and • Water supply, wastewater disposal, and stormwater management systems and infrastructure. The applicant will be required to pay Impact Fees to offset the impact of this development on the capacity of all of the five enumerated services. B. Potable Water Supply and Wastewater Systems The applicant must demonstrate that adequate potable water supply and wastewater facilities exist #SD-23-11 to serve the subdivision at buildout, and for each phase of development, in accordance with the following: The project is served by a private wastewater pump station that is approved to remain private. Staff recommends the Board require the applicant to demonstrate adequate capacity in the existing pump station, or a plan to make the necessary upgrades. The Director of Public Works reviewed the plans on 7/19/2023 and offers the following comments. • I’d like to better understand the existing wastewater infrastructure that this project proposes to utilize. Does the engineer have as-built information for the pump station and force main that will accept wastewater from this subdivision? This includes information related to where the force main heads after it leaves the property as it heads north? • There also appears to be a force main located on the east side of the Foulsham Hollow subdivision. I’m not seeing these easements shown on the plat. 2. Staff recommends the Board direct the applicant to address the comments of the Department of Public Works Director prior to closing the hearing. 1) A subdivision within the City’s public water supply and wastewater system service areas must be connected to municipal systems unless physical constraints preclude such connection. For the sewer system this includes any area located within the City Center Service Area, or within 200 feet of an existing sewer line. Each building lot within the subdivision must be served by the municipal system as required under the City’s Water Ordinance, and South Burlington Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems, as most recently amended. The two lots proposed to be created will both be on public water and wastewater, although the project will use an approved private wastewater pump station. 6) Sufficient water system pressure must be maintained throughout the subdivision, to serve all building lots and to provide for adequate fire protection. The Superintendent of the South Burlington Water Department noted that the FFEs for both newly proposed single-family homes are above the maximum elevation that can be supplied from the Dorset Street water storage tank and meet the minimum water pressure of 35 PSI. 3. Staff is aware of previous situations in which the South Burlington Water District has permitted the development of homes with sub-standard water pressure. As such, Staff recommends the Board direct the applicant to work with the Director of Public Works and South Burlington Water Department Superintendent to ensure that water pressure will be adequate for the proposed homes. Additionally, South Burlington Water Department Superintendent reviewed the plans on 7/19/2023 and offers the following comments: 1. The South Burlington Water Department (SBWD) cannot confirm the existence of the existing ¾” water service that is to supply these two homes. 2. The ¾” service, if it does exist, is undersized for supplying two homes with each home being serviced by a proposed 1” copper water service. The existing line, if it does exist, must be excavated at the water main, shut off at the corporation, disconnected from the main, and a new, appropriately sized tap and line installed to service these two new homes. Consideration for fire protection, if required by the fire department must be included in sizing all service lines to these homes. 3. There must be separate curb stops on each proposed service line where they tee. There must also be a main curb stop on the edge of the road. Access must be provided to the SBWD to each curb stop for disconnections or shut off needs. The SBWD does not own any water line outside of the City ROW. #SD-23-11 4. This information is provided for information and engineering purposes. Per the Vermont Department of Public Safety Division of Fire Safety, the current adopted code is the International Plumbing Code (IPC), 2015 Edition. The 2015 IPC requires 20 psi minimum for toilets (“water closet, tank, close coupled or one piece), which is the controlling factor for establishing the minimum required pressure for internal plumbing (assuming the toilets do not have flushometer valves). Site plans indicate that the preconstruction grades of the proposed homes range between 434’ and 436’. The SBET low operating level is 515’, and the highest elevation in the City that can still provide 35psi is 435’. The upper floors of some homes are likely to experience lower water pressures than what customers are accustomed to. Additional data from the applicant will be required to confirm there are adequate pressures for second floor plumbing fixtures. Furthermore, if residents intend to install water booster pump stations within the proposed units, approval must be obtained by the Secretary in accordance with the VT Water Supply Rule. Written permission from the DEC for in-home booster pumps received by the developer must be provided to the SBWD. 5. The following note must be provided on all plan sheets and detail pages: All water lines and appurtenances shall be installed in accordance with the Champlain Water District Specifications and Details for the Installation of Water Lines and Appurtenances, current edition, henceforth CWD Specifications.” 6. The project shall be constructed, completed, maintained, and operated in accordance with the approved plans. No changes shall be made in the project without the written approval of the appropriate CWD Division. 7. When a pipe material is specifically noted on the approved project drawings, the contractor/developer shall not have the option of utilizing any other pipe material. 8. Curb boxes located in roadways or sidewalks shall be placed inside a gate valve box top section with cover and brought to final pavement/concrete grade with one non-adjustable paving riser per #10 above. 9. The appropriate CWD Division shall be notified in advance to inspect all mechanical joint fittings, main line taps, appurtenances, thrust blocks, and water line crossings prior to occurrence of back filling. 10. CWD continues to allow for “approved equal” products but they shall be reviewed by the appropriate CWD Division. 11. Connections will only be permitted between the hours of 7:00am and 3:00pm on regular Champlain Water District business days, except Fridays. All connections must be completed by 3:00pm; connections that cannot be completed by 3:00pm may be suspended and completed the following business day. A suspended tap may entail back filling the excavation until the following day. CWD personnel have the authority to suspend connections that they deem cannot be completed within the time period stated above. 12. No water lines shall be installed after November 15 or before April 1 without prior approval of the appropriate CWD Division. The appropriate CWD Division may restrict work before November 15 and after April 1 during adverse weather conditions. CWD does not allow excavating water mains and service lines during the winter months except by special permission. 13. Record drawings, prepared by a VT licensed Professional Engineer shall be provided to the appropriate CWD Division in pdf. and Auto-CAD format. Drawings shall include ties to all gate valves and curb stops to sub-meter accuracy. 4. Staff recommends the Board direct the applicant to address the comments of the South Burlington Water Department Superintendent prior to closing the hearing. Comments 4 – 13 are standard comments and no action is required. #SD-23-11 C. Fire Protection The subdivision must be laid out to ensure that adequate fire protection can be provided in accordance with City specifications. a) Subdivision layout and design must also comply with applicable City and state public safety and fire codes in effect at the time of application, including standards for minimum separation distances between structures, street width, water flow and pressure, fire hydrant installation, sprinkler systems, and emergency vehicle access. b) Fire hydrants connected to the municipal water system must be located and designed to meet City specifications, as recommended by the Department of Public Works and City Fire Marshal. For a subdivision that is not connected to the municipal system, the DRB may require the subdivider to install hydrants, fire ponds or other measures necessary to provide adequate fire protection, as recommended by the Fire Marshall. The Fire Marshal reviewed the plans on 7/18/2023 and offers the following comments: It is not clear as to whether the easement is a driveway to Lots A & B or just an underground utility corridor. If it is a driveway, Lot 6B as shown will be required to have a NFPA 13D sprinkler system installed as the distance to the front door from Foulsham Hollow Road is greater than 150 feet. Also, it is not clear that an emergency vehicle can transit the curve in the easement/driveway to access the bldg. in 6B. 5. Staff recommends the Board direct the applicant to address the relevant comments of the South Burlington Fire Marshal prior to issuance of a Zoning Permit. D. Stormwater Facilities The applicant must demonstrate that stormwater management system serving the subdivision has been designed to meet City standards and specifications under Article 13 of these regulations and the South Burlington Ordinance Regulating the use of Public and Private Sanitary Sewerage and Stormwater Systems. The South Burlington Stormwater Superintendent reviewed the plans on 7/1/2023 and offers the following comments: 1. As this is an amendment to an existing planned unit development with more than ½ acre of existing impervious, and the applicant is proposing more than 5,000 square feet (12,595 square feet proposed) of new or redeveloped impervious, the applicant is required to provide stormwater treatment for the entirety of the new and redeveloped impervious on Lots 6A and 6B. This stormwater treatment must meet the standards laid out in the Land Development Regulations Article 13.05 – Stormwater Management. Please provide information on how this site will meet stormwater treatment standards. 2. Staff recommends the DRB include language requiring the applicant to properly maintain EPSC measures for the duration of site work and construction. 6. Staff recommends the Board direct the applicant to address the comments of South Burlington Stormwater Superintendent prior to closing the hearing. E. Utilities and Services. F. Street and Sidewalk Lighting. Staff considers that, because the project doesn’t affect the existing roadway, these standards are not applicable to this project. G. Renewable Energy Facilities #SD-23-11 The applicant must demonstrate that, to the extent physically feasible, reasonable, and as appropriate to its development context, the subdivision has been designed to incorporate best practices that maintain access to and use of renewable energy resources, e.g., to include one or more of the following as indicated on subdivision plans and plats: (1) Street and building lots that are oriented to maximize solar access and gain, for passive solar construction or rooftop solar installations. (2) Parking lots or structures that are designed and constructed to accommodate electric vehicle infrastructure, including charging stations and solar canopies or rooftop solar installations. (3) One or more suitable open areas (“solar lots”) within the subdivision that are specifically designated for a ground-mounted community or neighborhood solar installation. (4) Solar access easements, as necessary to maintain solar access across adjoining building lots or properties. (5) Covenants, deed restrictions or other legal mechanisms that require “solar-ready” construction within the subdivision. Staff considers that the proposed lot configuration does not adversely affect the ability of the proposed homes to maximize solar access and gain. C) PUD & GENERAL PUD STANDARDS 15.C.04 PUD Standards Applicable to All PUD Types A. Conformance with the Comprehensive Plan The proposed PUD must conform to the City’s Comprehensive Plan in effect at the time of application. Conformance with the plan in this context means that the proposed PUD must: 1) Advance any clearly stated plan policies and objectives specific to the type and location of the proposed development; 2) Incorporate preferred settlement patterns, including future land uses, densities and intensities of development referenced in the land use plan, as implemented through planned unit development provisions specific to each PUD type. 3) Incorporate, as applicable, planned facilities, services and infrastructure identified in the utilities and facilities plan, as implemented under the City’s adopted Capital Improvement Program (CIP) and Official Map. The proposed subdivision constitutes an amendment to an existing PUD, not a newly proposed PUD. Staff considers that the proposed amendment to the existing PUD does not affect the existing PUD’s level of conformance with the City’s Comprehensive Plan. B. Conformance with the Master Plan Each phase of a PUD developed in one or more phases must conform to the PUD Master Plan, as approved or amended by the DRB under Article 15.B, including the approved development plan, phasing schedule, buildout budget, management plan, and any associated development agreements or conditions of master plan approval. As noted above, the proposed subdivision constitutes an amendment to an existing PUD. The existing PUD was developed without a Master Plan, as that was not required at the time this PUD was originally approved. As such, there is no Master Plan with which this proposed subdivision must conform, so this criterion is not applicable to this project. C. Compliance with Regulations #SD-23-11 The provisions and standards specific to a PUD under this Article supersede underlying zoning district, subdivision, and site plan standards. In no case, however, shall the provisions or standards specific to a PUD supersede the Environmental Protection Standards of Article 12. Notwithstanding the supersession of the underlying zoning district, subdivision, and site plan standards, any application that indicates a density increase that exceeds the Assigned Density of a parcel shall require a TDR under Article 19. The applicant is not proposing any impacts to Natural Resources or Environmental Hazards beyond those detailed below under Section 12.03 regarding Steep Slopes. The applicant is proposing a density increase that exceeds the Assigned Density of this parcel but is using a TDR, as required by this criterion and governed by Article 19. As such, Staff considers this application to comply with the relevant regulations and considers this criterion met. D. Development Density E. Transition Zone F. Allowed Uses G. PUD Dimensional Standards H. Street, Building, and Civic Space Types I. Solar Siting Preferences J. PUD Design Standards As an amendment to an existing PUD, and not a newly proposed PUD, the seven standards above are not applicable to this project. 15.C.07 General PUD A. Authority and Limitations B. General PUD Description, Purpose, and Characteristics C. Applicability A General PUD is an allowed PUD type in the following circumstances: 1) Within the underlying zoning districts listed in Table 15.C-1 for General PUD. 2) For amendments to General PUDs approved under this Section. 3) For minor amendments to existing PUDs reviewed and approved under the LDRs in effect until November 10, 2021, the final subdivision approval for which has not expired, regardless of zoning district. a. An amendment shall be considered “minor” if it does not significantly alter the overall intent or scale of the PUD, or the relationship of the approved PUD to its surroundings. A minor amendment may incorporate additional land not in the PUD as previously approved, but only to the extent that the additional land does not cause the PUD to exceed other requirements of this section. Staff considers the proposed subdivision of one 1.29-acre lot with a previously approved PUD into two lots to be a ‘minor amendment’ to that PUD, as per the language of this criterion. As such, a General PUD is an allowed PUD type, as per this criterion. D. Conformance with PUD Standards In addition to the specific standards under this Section, all standards in Section 15.C.04 shall also #SD-23-11 apply. Application and review process for a General PUD is governed by Section 15.C.03. See 15.C.04 above for discussion of all relevant standards of that Section. E. Context For planning and design purposes, “Planning Area” is defined as the area within ¼-mile of the lot or parcel to be developed, as measured from the lot line or delineated PUD boundary. F. General PUD Compatibility and Context Analysis 1) Compatibility. PUD compatibility with the Planning Area, as determined from a detailed analysis of the Development Context, shall be a primary consideration in General PUD project design, and for DRB review and approval. 2) “Development Context” is defined to include: a. The prevalent or recurring pattern and form of development within the Planning Area, including established street grid and streetscape elements, blocks, lots, buildings and yard areas, civic spaces, and parking arrangements, and b. The character of the Planning Area, as defined by: i. The planned character of an area planned for redevelopment by the City as identified in the Comprehensive Plan; ii. Approved, to-be-built or recently built (within ten (10) years) development projects in the Planning Area; iii. Any updates to the underlying zoning district(s) in the Planning Area within the preceding ten (10) years; or iv. Zoning district purpose statements, allowed uses, and district-specific development standards. c. Current zoning purpose statements, uses, and standards only if the DRB finds there is no relevant information under 15.C.07(F)(2)(a) or (b)(i) through (b)(iii), or the DRB finds that there is a clear, established neighborhood street, block, and lot pattern. The Development Context for this project includes the subject PUD, the Planning Area to the south along Medalist Drive, and the Planning Area to the north within a proposed 14-unit PUD. This area is primarily developed in a generic suburban form featuring detached single family homes and duplexes. Some of these structures are on footprint lots; the others are on lots between 0.29 and 0.82 acres in size. This area of the City is identified as a lower-intensity development area. Staff considers that the proposed amendment to the PUD will maintain continuity with the identified Development Context. 3) Context Analysis. The applicant must submit a written Analysis of the Development Context within the Planning Area, which, at minimum, includes the information required for Master Plan review under 15.B.04(C) and: a. Hazards, and Level I and Level II Resources regulated under Article 12. b. Prevalent pattern of land subdivision and development in the Planning Area, as defined by block lengths; lot size and front lot line lengths; front, side, and rear setbacks; building height and coverage; and existing parking arrangements. c. Streetscape elements, including the placement, orientation, and spacing of buildings along the street, existing and planned sidewalks, and existing or planned landscaping, street furniture, and lighting. #SD-23-11 d. Building types and styles, including any prevalent or character-defining architectural features. The applicant has not provided a formal context analysis. Staff considers that no formal context analysis is necessary since the proposed project only constitutes a minor amendment to the PUD and therefore does not affect the context of the PUD or of the greater Planning Area. As such, Staff recommends that the Board waive this requirement for the applicant to provide a Context Analysis as part of this application. G. General PUD Dimensional Standards 1) Relevant subdivision, site plan, zoning district, and applicable overlay district dimensional standards shall form the basis of the design of a General PUD and shall apply unless modified, reduced, or waived by the DRB under (2) below. a. The DRB must find an application meets the requirements of 15.C.07(G)(2) in order to modify, reduce, or waive Site Plan requirements using 14.04(A)(3), Site Plan application requirements using 14.05(G), Subdivision requirements using 15.A.01(B)(3), Scenic Overlay District requirements using 10.02(I)(2), (J), and/or (K). b. The DRB has authority to allow alternative compliance under 15.C.04(C)(3). c. Height restrictions may be modified, reduced, or waived as allowed in underlying zoning districts identified in 3.07(D)(2) by the DRB under (2) below. The standards of review in 3.07(D)(2) shall apply. d. The DRB cannot modify, reduce, or waive standards as listed in 15.C.07(A)(3). As discussed above, the applicant is requesting waiver of 15.A.16.C(9), a standard requiring lots to have a width to depth ratio of at least 1:1. 2) In response to the existing or planned Development Context in the Planning Area, the DRB may modify, reduce, or waive one or more applicable dimensional standards as necessary to: a. Accommodate reductions in the available area associated with infill or redevelopment, that result in insufficient acreage to meet applicable dimensional standards; or b. Allow for more creative and efficient subdivision and site layout and design that advances the purposes of the underlying zoning district and/or the goals of the Comprehensive Plan, particularly in response to existing site limitations that cannot be eliminated; or c. Ensure that the pattern and form of proposed development is compatible with existing or planned Development Context in the Planning Area determined under 15.C.07(F) and to Transition Zone standards in 15.C.04(E); or d. Allow for greater energy efficiency, use of alternative energy, green building design, or otherwise furthering of the South Burlington City Council’s Resolution on Climate Change dated August 7, 2017. Staff recommends that the Board grant the applicant the requested waiver from 15.A.16.C(9). 3) Context shall be determined by the existing or planned Development Context in the Planning Area under Section 15.C.07(F). H. Development Density 1) Development Density regulations and definitions included in Section 15.C.04(D) shall apply to General PUDs. #SD-23-11 2) Development density within a General PUD is determined by maximum development density in the underlying zoning district, except as follows. a. Density can be re-allocated within the PUD area within single zoning districts; b. Additional density may be achieved through either or both Inclusionary Zoning and application of Transferrable Development Rights where specifically authorized by and as regulated by Section 18.01 or Article 19. As discussed above, the applicant is proposing to purchase one (1) TDR to increase the allowable density of the parcel in question to allow for the development of two single- family homes on their own lots. The applicant must follow all standards on Article 19 governing the sale, purchase, and application of TDRs. I. General PUD Design Standards 1) Design Standards. Generally. The design for a General PUD shall comply with existing Site Plan, Subdivision, and Overlay District regulations and standards, but may allow for variations from applicable regulations that respond to and incorporate the development context within the Planning Area and under the specific circumstances listed in Section 15.C.07(G). The applicable standards are addressed herein. 2) Streets. Streets within a General PUD must be compatible with and connect to existing and planned public street, sidewalk, and path networks in the Planning Area. a. Street and block pattern requirements of the Subdivision regulations shall apply unless waived by the DRB under Section 15C.09(G)(4). Street and block patterns are discussed under 15.A.16 above. 3) Parking. Parking design and building location requirements applicable in all underlying zones and districts apply to General PUDs, including all requirements in Section 14.06(A)(2). Staff considers this criterion not to be applicable. 4) Buildings. Buildings and associated building lots within a General PUD must be compatible with the development context in the Planning Area as described under Section 15.C.07(F) and (G). The form and design of the proposed buildings is discussed under 14.06 below. The associated building lots are discussed in 15.A.16 above and 13.17 below. 5) Civic Spaces and Site Amenities. Civic Spaces and/or Site Amenities must be compatible with the existing or planned development context. General PUDs must comply with applicable Civic Space and/or Site Amenity requirements in Subdivision (Section 15.A.16(C)(4)) and Site Plan (Section 14.06(4)). a. Section 15.A.16(C)(4) requirement for minimum 10% of the total buildable area to be civic space lots apply to General PUDs only for PUDs that involve subdivision of land resulting in three (3) or more lots, not including the resulting lots that only contain civic space(s). b. In a General PUD, Civic Spaces required under Subdivision Regulations (Section 15.A.16(C)(4)) and under Site Plan Regulations (Section 14.06(4)) can be satisfied by a combination of Civic Spaces, Site Amenities, or a combination, applied across the PUD area. The proposed amendment to an existing PUD involves the subdivision of one private lot into two private lots to be developed with detached single-family homes and yard #SD-23-11 space. Potential options for this proposed General PUD amendment include private yard space. 7. Staff recommends the Board require the applicant to demonstrate how the required area of civic space or site amenity can be provided with the proposed subdivision by designation of such area on the proposed plans. 6) Housing Mix. In a General PUD with more than four (4) residential dwelling units, a mix of two or more dwelling unit types (as allowed within the applicable zoning district) must be provided as described by Section 15.A.17. Types of dwelling units are differentiated by either housing type under Article 11.C or, within multi-family structures with more than four (4) dwelling units, by number of bedrooms per unit. The proposed amendment to an existing PUD includes the removal of one existing single-family home and the construction of two new single-family homes, for a net gain of one dwelling unit. As noted under 15.A.17 above, Staff considers no specific restriction on dwelling unit types or architectural features beyond those specified in 13.17 Residential Design for New Homes to be appropriate for this project. D) SITE PLAN & CONDITIONAL USE REVIEW STANDARDS 14.06 General Review Standards A. Relationship of Proposed Structures to the Site. (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. The DRB shall consider the following: (a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. The applicant is proposing to adhere to existing front and side yard setbacks for the two proposed single-family homes and is not proposing to add any landscaping features as part of this application. Street trees are located approximately 100-ft apart. While Staff is not aware of a required street tree spacing outside of the Form Based Code zoning districts, this is an unusually large spacing therefore Staff recommends the Board require the applicant to add a street tree as part of this project to reduce street tree spacing on Foulsham Hollow Road in front of the proposed lots to 50-ft. The City Arborist reviewed the plans on 7/19/2023 and offers the following comments. If trees on site are to be retained, they should be delineated on the plan and a tree protection plan should be included. 8. Staff recommends the Board direct the applicant to address the comments of the South Burlington City Arborist prior to closing the hearing. (b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building foundations relate to the site’s topography and grade. The proposed buildings’ orientation to the street and relationship to the existing buildings in the PUD is discussed in 15.A.16 above and 13.17 below. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. #SD-23-11 (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. (e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of these regulations. 9. Staff recommends the Board include a condition of approval requiring rooflines to have a principal face oriented south in order to maximize solar gain potential. B. Relationship of Structures and Site to Adjoining Area 1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The provided elevations and landscaping plan demonstrate that the proposed single family homes will be of relatively similar architectural style to one another and to the adjacent homes on Foulsham Hollow Road. As such, no ‘attractive transitions’ need to be provided as per this section, since the proposed and existing buildings are not shown to be of different architectural styles. However, the elevations are merely concepts. Although the proposed elevations may meet the relevant criteria at this stage of review, they are technically non-binding and therefore could be modified in such a way to reduce compliance with the relevant criteria. 10. Staff recommends the Board require the applicant to enumerate to what characteristics of the conceptual homes the applicant proposes to commit in order to ensure future compliance with this criterion. 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. 3) To accomplish (1) and (2), the DRB shall consider: a. Pattern and Rhythm. Update or maintain or extend the overall pattern of development defined by the planned or existing street grid, block configurations, position and orientation of principal buildings, prevalence of attached or detached building types. As discussed in 15.C.07.F above, the proposed amendment to the PUD fits well in the Planning Area and local development context of the existing PUD and surrounding neighborhood. The proposed subdivision will extend the overall pattern of development to include two new lots of typical size for the area, to be developed with buildings of a use and form that is typical for the area. The Board may discuss whether the proposed orientations of the new structures is in line with the existing pattern and rhythm of this area. b. Architectural Features. Respond to recurring or representative architectural features that define neighborhood character, without adhering to a particular architectural style. The proposed homes will be of a similar massing and form to one another and to the other homes on Foulsham Hollow Road. The proposed homes both are both shown on the conceptual elevations as two-story single family homes with pitched dark shingle roofs and attached multi-car garages, like the other homes on the street. 11. Staff reiterates the previous recommendation for the Board to require the applicant to enumerate to what characteristics of the conceptual homes the applicant proposes to commit in order to ensure future compliance with this criterion. c. Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and back yard areas through context sensitive design. #SD-23-11 The proposed home on Lot 6B has only one immediate neighbor (Lot 6A to the north) and is proposed to be separated from that home by a parking area and a shared driveway. , The home on Lot 6A is proposed to be roughly 15 feet higher in elevation that the home on the lot to the east. There is no landscaping proposed to be retained or installed along that shared lot line. As a proposed single family home adjacent to an existing single family home, Staff considers no additional buffering or screening to be necessary. C. Site Amenity Requirement 1) Sites are required to include a specific minimum area for appropriate Site Amenities. This section does not apply to projects within the City Center FBC District (which are governed by Section 8.08). 2) Applicability. Applications for the following shall be required to provide Site Amenities: a. Any non-residential development over 5,000 SF. b. Additions or expansions exceeding 5,000 SF for existing non-residential structures. c. Any residential development, including conversion of non-residential structures to residential use. This application constitutes residential development and therefore requires provision of a Site Amenity. This requirement and options for meeting it are addressed in 15.C.07.I(5)(b) above. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Environmental Protection Standards All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. As discussed under 15.C.04.C above and 12.03 below, the applicant is not proposing any impacts to Natural Resources or Environmental Hazards beyond those detailed under Section 12.03. As such, Staff considers the relevant aspects of this criterion to be met. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. The relevant standards that apply to the design of the two proposed lots are comprehensively addressed throughout this Staff Report – Staff considers this criterion to be met. C. Access and Circulation. D. [Reserved for Transportation Demand Management (TDM)] E. Building Form. F. Streetscape Improvements. G. Access to Abutting Properties. Staff considers these criteria not applicable to this two-lot PUD amendment. H. 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 #SD-23-11 above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met. All utility connections to the two new single-family homes proposed to be constructed are shown as being underground. As such, Staff considers this criterion to be met. I. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, 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 (i.e., non-dumpster, non-large drum) shall not be required to be fenced or screened. No dumpsters or other stationary exterior waste receptacles are proposed as part of this application. Staff considers this criterion to not be applicable. E) OTHER APPLICABLE STANDARDS 12.03 Steep Slopes F. Exemptions 1) Removal of Earth Products. Steep slopes and very steep slopes created by an approved removal of earth products use shall be exempt from the regulations of Section 12.03. 2) Environmental Restoration Projects. Environmental Restoration Projects are exempt from the regulations of Section 12.03. 3) Shoreline Restoration Projects. Projects with the primary purpose of restoring the shoreline of a lake, river, or stream through installation of vegetation and other methods that do not include the installation of structures (e.g., retaining walls), are exempt from the regulations of Section 12.03. The subject property has an area of ‘very steep slopes’ that was created by a previously approved grading activity – as such, this area of ‘very steep slopes’ is exempt from the standards of this section. 13.17 Residential Design for New Homes C. Standards. 1. Building Orientation. Residential buildings must be oriented to the street, to an approved civic space, or to a courtyard. Primary entries for single family and multi- family buildings must face the street, civic space, or courtyard. Secondary building entries may open onto garages and/or parking areas. Buildings should be oriented to maximize living space and windows to the south, east and west. Residential buildings should orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of the regulations. The building on Lot 6B is proposed to face the cul-de-sac portion of Foulsham Hollow Road., with a front door and entry porch oriented to that portion of the street and a side-facing garage abutting the driveway & additional parking area. At sketch, the Board had asked the applicant to consider modifying the building on Lot 6B to face the straight portion of Foulsham Hollow or face Dorset Street, and to potentially move or reduce the parking area to the north of that building. The orientation of the building on Lot 6A is unchanged from sketch. #SD-23-11 12. Staff recommends the Board discuss whether they are satisfied with the proposed orientation of the proposed homes and indicate whether those proposed orientation are acceptable given the criteria outlined herein. 2. Building Façades. Building facades are encouraged to employ a theme and variation approach. Buildings should include common elements to appear unified, but façades 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. Residential buildings with rear facades that orient towards a public recreation path should employ rear porches, balconies, or other features to enhance their architectural detail. The applicant has provided sample elevations for the home proposed to be constructed on Lot 6B that include a rear entrance, a rear porch, and several windows along the west façade that faces Dorset Street. The applicant has not provided a sample elevation of the south façade, which faces the straight portion of Foulsham Hollow Road. The north façade of the home proposed to be constructed on Lot 6A includes a rear entrance and a deck and is proposed to be screened via the retention of an existing hedgerow. The west façade of that home has very few architectural details or windows but is also proposed to be screened via the retention of an existing hedgerow. 13. Staff recommends the Board consider whether the proposed samples elevations for the public-facing facades demonstrate compliance with this criterion and require the applicant to make any alterations deemed necessary prior to closing the hearing. Staff further recommends the Board determine which elements of the proposed elevations the applicant must retain in order to ensure compliance with this criterion and include such elements in the decision for this application. 3. Placement of Garages and Parking. For garages with a vehicle entrance that faces a front lot line, the face of the garage that includes the vehicle entrance must be set back a minimum of eight feet (8’) behind the front façade of a single or two-family dwelling. For buildings containing three or more dwelling units, the requirements of Section 14.06A shall apply. This criterion is proposed to be met. Staff recommends the Board affirmatively require compliance with this criterion in its decision for this application. a) The DRB or Administrative Officer may waive this provision for garages with vehicle entries facing a side lot line, provided that (i) the garage is visually integrated into the single or two-family dwelling; and (ii) the face of the garage that is oriented to the street is no more than eight feet (8’) in front of the front façade of the house. b) Rear alleys are encouraged for small lot single-family houses, duplexes and townhouses. Rear alleys do not appear to be feasible for the proposed lot configuration. As such, Staff considers that this criterion does not apply to this project. 4. Garages as percentage of front façade. Front-facing garages that are part of a principal building shall not exceed 40% of the linear width of the building’s front façade. The sample elevation of the home proposed to be constructed on Lot 6A appears to be just below this limit, with the garage taking up 39.94% of linear width of the front façade. The applicant has not provided front elevations for the home proposed to be constructed on Lot 6B, but that garage is proposed to be side-facing, and therefore is exempt from this criterion. Staff recommends the Board affirmatively require compliance with this #SD-23-11 criterion in its decision for this application. 18.03 Housing Preservation A. Purpose B. Applicability Except as otherwise provided in sub-section C (Exemptions), this Section 18.03 of these Regulations is applicable to the loss, demolition or conversion to a nonresidential use or nonuse (for example a vacant lot) of any dwelling unit in the City. This includes without limitation any of the following: (1) any dwelling unit that is demolished, removed, or declared unfit for habitation pursuant to any order, decision or other action of the City or State that is caused by unreasonable neglect or deferred maintenance of an existing or prior owner(s); (2) any dwelling unit that is demolished or removed pursuant to any municipal, State or Federal program, including any air traffic or airport noise mitigation and compatibility program; and/or, (3) the loss, demolition or conversion to nonresidential use or non-use of any other form of permanent housing, including but not limited to housing units contained within a housing facility that is permitted as a congregate care facility, except group homes, residential care facilities, or skilled nursing facilities as defined in these Regulations. The applicant is proposing to demolish a dwelling unit in the City of South Burlington. As such, unless the applicant qualifies for an exemption under sub-section C below, the applicant will be subject to the regulations of this section. C. Exemptions The applicant may be exempt from the requirements of this section as the project may involve redevelopment of a dwelling unit within a two (2) year period. The applicant will not be subject to the requirements of this section if they successfully obtain a Certificate of Occupancy for a newly constructed dwelling unit within two (2) years of the date of issuance of the demolition permit for the existing dwelling unit, thereby demonstrating redevelopment of the dwelling unit and restoration of the residential use on the same parcel. D. Approval E. Housing Replacement Requirement In addition to any other requirements for approval under these Regulations, approval of the zoning permit referred to in Sub-section D above requires the replacement of each dwelling unit that is to be removed, demolished, or converted to nonresidential use or nonuse with a replacement dwelling unit. Any dwelling unit approved under Section 18.01 or 18.02 shall not qualify as a replacement dwelling unit. This replacement requirement may be satisfied in one of the following ways: (1) Construction of a new dwelling unit in accordance with sub-section F of this Section; (2) The conversion of a non-residential building to residential use in accordance with sub-section F of this Section; or, (3) Contribution to the Housing Trust Fund. Payment to the City of South Burlington’s Housing Trust Fund for each dwelling unit that is removed, demolished, or converted to nonresidential uses or nonuse in an amount equal to twenty-five percent (25%) of the higher of (1) the most recent assed valuation the premises as modified by the CLA (Common Level of Appraisal) or (2) the most recent sales price of the premises. If the applicant is unable to get a Certificate of Occupancy within two years of getting their Zoning Permit to demolish the existing dwelling unit, they will be required to comply with the regulations of this section. #SD-23-11 F. Replacement Dwelling Unit Requirement In addition to the foregoing, all replacement dwelling units built pursuant to this Section must meet the following requirements: (1) Each replacement dwelling unit shall have at least the same number of bedrooms as the dwelling unit being replaced; (2) Each replacement dwelling unit must be located within the City of South Burlington; (3) Each replacement dwelling unit must receive a Certificate of Occupancy within eighteen (18) months of the date on which the zoning permit referenced in Sub-section D above is approved; (4) Each rental replacement dwelling unit(s) must be maintained either as a Group Home or as a leased “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations to prospective occupants who are income eligible at the time they first lease the unit, for a period of not less than twenty (20) years from the date of first occupancy. (5) Each non-rental replacement dwelling unit(s) must be offered for sale either: (a) At or below the fair market value of the dwelling unit that was removed, demolished, or converted to nonresidential use or nonuse, as determined either (i) by an appraisal provided by the applicant, or (ii) by the City’s latest assessed value of the premises including the dwelling unit that was removed, demolished, or converted to nonresidential use or to nonuse; or (b) As an “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations, to prospective purchaser/occupants who are income eligible at the time they purchase the unit. Any such unit shall be subject to a covenant restricting the sale of the dwelling unit for a twenty (20) year period to an owner/occupant who qualifies by income. (6) Income eligibility for replacement units described in this subsection shall be determined based on income guidelines, as adjusted for household size, published annually by the U.S. Department of Housing and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA), or on program-based income eligibility requirements established by a partnering housing organization. The income eligibility shall be determined using the most recent income guidelines available at the time a unit is available for occupancy. If the applicant is not able to qualify for an exemption from these requirements under sub-section C above, the replacement units constructed must meet all criteria of this sub-section F. G. Performance Guaranty/Letter of Credit When an applicant proposes to construct a new replacement dwelling unit or convert a non-residential building to a replacement residential unit, the applicant must post a performance guaranty in the form of a letter of credit, or other security acceptable to the City Attorney, in the amount equivalent to the amount the applicant would have been required to contribute to the City of South Burlington’s Housing Trust Fund if the applicant had chosen that option pursuant to Sub-section E(3), above. Such a performance guaranty shall be valid for no more than two (2) years, after which the full amount due shall be provided to the City of South Burlington’s Housing Trust Fund if a replacement dwelling unit satisfying the conditions of this Section has not been granted a Certificate of Occupancy as a dwelling unit. If the applicant is not able to qualify for an exemption from these requirements under sub-section C above, the replacement units constructed must meet all criteria of this sub-section G. H. Administration #SD-23-11 I. Violations In the event of a violation of this Section, an enforcement action in accordance with Article 17 shall commence and the requirements of this Section shall apply in addition to any other remedies available to the City by law. Construction Timing & Phasing The applicant has indicated an estimated construction schedule in which construction on the house on Lot 6A may not be completed until 2025. The applicant will have six months from approval of this application to obtain a Zoning Permit, and a further twelve months from the date of Zoning Permit issuance to break ground on this project. 14. Staff recommends the Board discuss the feasibility of this standard timeline with the applicant and further discuss the possibility of an extended timeline for Zoning Permit approval if the Board and applicant feel that may be necessary. RECOMMENDATION Staff recommends the Board work with the applicant to address the issues identified herein. Respectfully submitted, ___________________________ Marty Gillies, Development Review Planner I