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HomeMy WebLinkAboutSD-09-41 - Decision - 0027 Birch Street#SD-09-41 I CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ROBERT L. PROVOST — 27 BIRCH STREET PRELIMINARY PLAT APPLICATION #SD-09-41 FINDINGS OF FACT AND DECISION Robert L. Provost, hereafter referred to as the applicant, is seeking preliminary plat approval for a planned unit development on a 0.57 acre parcel developed with a single family dwelling. The proposal consists of: 1) adding on accessory residential unit to the existing single family dwelling, 2) adding a second single family dwelling, and 3) creating footprint lots for each single family dwelling, 27 Birch Street. The Development Review Board held a public hearing on October 6, 2009. The applicant represented himself. 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. The applicant is seeking preliminary plat approval for a planned unit development on a 0.57 acre parcel developed with a single family dwelling. The proposal consists of: 1) adding on accessory residential unit to the existing single family dwelling, 2) adding a second single family dwelling, and 3) creating footprint lots for each single family dwelling, 27 Birch Street. 2. The owner of record of the subject property is Robert L. Provost. 3. The application was received on September 3, 2009. 4. The subject property is located in the Residential 4 Zoning District. 5. The plan submitted consists of a two (2) page set of plans, page one (1) entitled, "Robert Provost 27 Birch Street South Burlington, Vermont Proposed Site Plan Building Addition", prepared by the applicant, last revised on 8/12/2009 ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements R4 Zoning District Required Pro osed Min. Lot Size 6,000 SF/unit .57 acres Max. Building Coverage 20% 17% I:\Development Review Boa rd\Findings_Decisions\2009\Provost_SD0941_ffd.doc #S D-09-41 Max. Overall Coverage 40% 37% # Min. Front Setback 30 ft. 24 ft. # Min. Side Setback 10 ft. 2 ft. Min. Rear Setback 30 ft. 30 ft. �1 zoning compliance # pre-existing non-compliance; no new structures are proposed within setback limitations 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: Sufficient 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 additional dwelling units. The South Burlington Water Department has reviewed the plans and provided comments in a memo dated September 29, 2009. Pursuant to Section 15.13(D)(1), the developer shall connect to the public sewer system or provide a community wastewater system that is approved by the City and the State in any subdivision where off -lot wastewater is proposed. 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 project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The application proposes one additional single family dwelling unit and an accessory dwelling unit associated with the existing dwelling. The applicant will be required to pay the additional applicable traffic (and other applicable) impact fees for the new single family dwelling. 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 are no wetlands on the subject property. 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. 2 I:\Development Review Board\Findings_Decisions\2009\Provost SD0941_ffd.doc #SD-09-41 ( ` According to Section 4.03 of the South Burlington Land Development Regulations, the R4 District is formed to encourage residential use at moderate densities. This proposal is within density guidelines for the district and in compliance with this criterion. 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. The applicant has removed the in -ground swimming pool and patio from the site and created a broad common space between the two principal dwellings. 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. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. All proposed lighting must comply with Appendix D in the South Burlington Land Development Regulations. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed PUD is consistent with the South Burlington Comprehensive Plan. The Residential 4 District is formed to encourage residential use at moderate densities. This plan achieves this. 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 establishes the following general review standards for all site plan applications: 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 proposed PUD accomplishes a desirable transition from structure to site and from structure to structure. The proposed PUD also provides for adequate planting and safe pedestrian movement. Each unit shall provide for a minimum of 2 parking spaces each; therefore, 6 parking spaces shall be shown on the plans. Parking areas are shown but it is unclear how many are provided for in garages and driveways. The parking spaces shall be delineated and counted to ensure that this criterion is being met. 3 (:\Development Review Boa rd\Findings_Decisions\2009\Provost_SD0941_ffd.doc #SD-09-41 Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The proposed parking locations are adequate. 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. The scale of the proposed building is compatible with the site. According to Section 3.07 of the South Burlington Land Development Regulations, the maximum height of the buildings in this PUD shall not exceed 40 feet. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. The Board has already indicated that any newly installed utility lines, services, or service modifications shall be underground. 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. The building has already been constructed: the southern portion is a recreational vehicle that has been made permanent. The northern portion was an approved accessory structure (garage). The proposal will connect the two. The applicant showed photographs at the sketch plan hearing. Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The building has already been constructed: the southern portion is a recreational vehicle that has been made permanent. The northern portion was an approved accessory structure (garage). The proposal will connect the two. The applicant showed photographs at the sketch plan hearing. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: 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 of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. 4 I:\Development Review Boa rd\Findings Decisions\2009\Provost_SD0941_ffd.doc #S D-09-41 There are no opportunities to provide access to abutting properties or to reduce curb cuts as part of this proposal. Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. The Board has already indicated that any newly installed utility lines, services, or service modifications shall be underground. 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). As this is a residential property, the applicant has stated that trash storage will be kept in the interior of the buildings. Other The City Engineer has reviewed the plans and provided comments in a memo dated July 13, 2009. The applicant should contact the post office and discuss the placement of mailboxes on the site. ACCESSORY RESIDENTIAL UNIT Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any district where a single-family residence is a principal permitted use, one (1) accessory residential unit within or attached to a primary single-family residence or within an existing, permitted accessory structure may be permitted by the DRB in accordance with Article 14, Site Plan Review, and the following additional criteria: (a) Floor space of the accessory residential unit shall not exceed thirty percent (30%) of the total habitable area of the single-family dwelling unit. Per testimony submitted by the applicant, the existing single family residence (along Birch Street) is 3008 square feet. The accessory apartment is proposed to be 881.5 square feet, or 29.3%. (b) The principal dwelling shall be owner occupied At this time, the owner listed on the application is Robert Provost. This principal unit must remain owner -occupied. I:\Development Review Boa rd\Findmgs_Decisions\2009\Provost SD0941_ffd.doc #SD-09-41 (c) Adequate wastewater capacity is available to service the accessory unit, as demonstrated by the issuance of a Wastewater Allocation or on -site wastewater permit pursuant to the South Burlington Sewage Ordinance. (d) Two additional off-street parking spaces shall be provided on the same lot, either in a garage or a driveway, or not in any areas required to meet coverage limitations, or any front yard other than a driveway, required by these Regulations. The two principal structures and accessory structure require a total of six (6) parking spaces. The Board has already noted that the applicant should clearly demarcate where these six parking spaces are located. (e) A zoning permit shall be required for the accessory residential unit. The plans show a line labeled as "Restricted Use Boundary Line." The applicant shall clarify what this means. The plans shall be prepared by a licensed engineer. DECISION Motion by L� u , seconded by FAALC to approve Pre minary Plat Appli ation #SD-09-41 of Robert L. Provost, s bject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. The applicant shall adhere to the comments of the South Burlington Water Department per the comments of September 29, 2009. 3. The applicant shall obtain wastewater capacity allocation from the Director of Planning and Zoning for the accessory residential unit and the new single family dwelling prior to issuance of a zoning permit. 4. 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. 5. Newly installed utility lines, services, and service modifications shall be underground. 6. All lighting fixtures shall be downcast and shielded. Flood lights are expressly prohibited. 7. If the postal service and/or the applicant decides to use a central postal receptacle area, this structure should be shown on the site plan. R (:\Development Review Boa rdTindings_Decisions\2009\Provost SD0941_ffd.doc #SD-09-41 8. The principal dwelling unit shall remain owner -occupied. 9. The applicant shall obtain a zoning permit from the Administrative Officer for the accessory residential unit. 10. 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. 11. The plans shall be revised prior to final plat submitted as follows: a. The survey plat shall be updated to include all site modification made to the property since the survey plat was originally prepared. b. The plans shall be revised to delineate all parking spaces. They shall meet the dimensional requirements of the SBLDR. c.The applicant shall adhere to the comments of the City Engineer, dated July 13, 2009. The plans shall be revised accordingly. d. The applicant shall address the "restricted use boundary line" shown on the plans. e. The final plat plans shall be prepared and stamped by a professional engineer. 12. The final plat application shall be submitted within 12 months. Mark Behr —0eVriay/ab%a�*n/not present Matthew Birmingham —nay/abstain/not present John Dinklage — a/nay/abstain no presen Roger Farley — nay/abstain/not present Eric Knudsen — ay/abstain/not present Gayle Quimby nay/abstain/not present Bill Stuono — �iea ay/abstain/not present Motion carried by a vote of - O - v Signed this t!� day of ©G 2009, by ark Behr, Vice Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. 7 I:\Development Review Boa rd\Findings_Decisions\2009\Provost_SD0941_ffd.doc #S D-09-41 You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). I:\Development Review Boa rd\Findings_Decisions\2009\Provost_SD0941_ffd.doc