HomeMy WebLinkAboutSD-17-04 - Decision - 0007 Chaplin Lane#SD-17-04
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SYNERGY DEVELOPMENT, LLC-7 CHAPLIN LANE
PRELIMINARY & FINAL PLAT APPLICATION #SD-17-04
FINDINGS OF FACT AND DECISION
Preliminary & final plat application #SD-17-04 of Synergy Development, LLC to amend a previously
approved planned unit development consisting of three (3) single family dwellings on three (3) lots. The
amendment consists of adding one (1) single family dwelling to lot #3, 7 Chaplin Lane.
The Development Review Board held a public hearing on March 21, 2017. The applicant was
represented by Jenn Desautels and Jason Pidgeon.
Based on the plans and materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant, Synergy Development, LLC, seeks to amend a previously approved planned unit
development consisting of three (3) single family dwellings on three (3) lots. The amendment
consists of adding one (1) single family dwelling to lot #3, 7 Chaplin Lane.
2. The owner of record of the subject property is Synergy Development, LLC.
3. The subject property is located in the Residential 1 and Residential 2 Zoning Districts.
4. The application was received on February 17, 2017.
5. The plans submitted consists of nine (9) pages with the second page titled "Legend and Notes,"
prepared by Trudell Consulting Engineers, and dated 2/3/2017.
A) Density
The PUD has a total acreage of 3.62 the majority of which is in the R1 Zoning District with the remaining
portion in the R2 Zoning District. Previously the Board had permitted a PUD with three (3) lots on a
private street, Chaplin Lane, with one (1) of the lots containing an existing single family house. The
applicant is currently proposing an additional dwelling unit to be located on Lot 3 (where the existing
house is located) for a total of two (2) units on that lot and a total of four (4) units in the PUD. The
applicant provided the following calculations regarding density:
Area within R1 District: 2.84 cc. = 123,710.4 s.f.
Minimum Lot Size: 40,000 s.f.
R1 Density: 123,710.4 s.f.140,000 s.f. per unit = 3.09 units
Area within R2 District: 0.78 cc. = 33,976.8 s.f.
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Minimum Lot Size: 22,OOO s.f.
R2 Density: 33,976.8 s.f. /22,000 s.f per unit = 1.54 units
Total Allowable Density (R1 + R2) = 3.09 units + 1.54 units = 4.54 units
As stated above, the applicant is proposing a fourth dwelling unit and is not proposing the creation of
any additional developable lots. The Board finds a fourth dwelling unit can be permitted, because there
is enough acreage to support the density and Section 3.05(B) of the Land Development Regulations
allows for up to 10 dwelling units on a private right-of-way under certain conditions which are met by
this application.
B) PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with
the following standards and conditions:
(A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of
the project.
A condition of plat approval will be that the applicant receive any necessary permits related to water and
wastewater supply from the appropriate permitting agencies.
(A)(2) Sufficient grading and erosion controls will be utilized during and after construction to
prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject
property and adjacent properties.
This is criterion is covered by the discussion below on stormwater.
(A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads.
The application materials state the proposed amended PUD will generate six (6) P.M. Peak Hour trips. The
proposed new dwelling unit (a single family home) will be accessed via a private right-of-way, Chaplin Lane,
which the Board approved as part of the original PUD application. The Board finds this criterion met.
(A)(4) The project's design respects and will provide suitable protection to wetlands, streams,
wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the
site.
The Board finds that none of the features listed in this criterion are present at the site.
(A)(5) The project is designed to be visually compatible with the planned development patterns in
the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which
it is located.
The project is located in low density residential zoning districts with many single family houses. The
proposed dwelling unit will join one (1) other existing single family unit on Chaplin Lane and two (2) other
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single family units were approved as part of the original PUD application, but have not been constructed
yet. The Board finds this criterion met.
(A)(6) Open space areas on the site have been located in such a way as to maximize opportunities
for creating contiguous open spaces between adjoining parcels and/or stream buffer areas.
Given the desire of the applicant, and the Board, to preserve existing mature trees on the site, the Board
finds that the open space located on Lot 3 is suitable and finds this criterion met.
(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to
ensure that adequate fire protection can be provided.
The Board received the following comments from the Fire Department in an email dated March 20,
2017:
The only comment from FD is that if the bldg. is <150 feet off Spear St as measured via the access Rd., it
will need to have an NFPA 1.3-D sprinkler system install, as does the other two building West of this lot.
(Nergenrother structure has had this system install and we are waiting confirmation of the functional
test of the system.) Also as there is now a new bldg. on the lane street signage is required but no yet
installed.
The Board finds that the applicant's Site Plan contains a notation supporting the Fire Department's
requirement regarding installing a sprinkler system in the proposed new dwelling unit.
(A)(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and
lighting have been designed in a manner that is compatible with the extension of such services
and infrastructure to adjacent landowners.
The Board finds this criterion met.
(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that
is consistent with City utility and roadway plans and maintenance standards, absent a specific
agreement with the applicant related to maintenance that has been approved by the City
Council. For Transect Zone subdivisions, this standard shall only apply to the location and type
of roads, recreation paths, and sidewalks.
The Board finds this criterion met.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The project is located in the Southwest Quadrant where the Comprehensive Plan states future land use
should remain principally residential and care should be taken to maintain and improve stormwater
runoff. The project is residential and stormwater is discussed below. Additionally, the project is
incorporating an element of affordability by placing restrictive covenants onto the existing house on Lot
3. The Board discussed with the applicant that for the next 20 years the existing home must only be sold
for prices considered affordable to households not earning more than 120% of the Area Median Income.
The applicant proposed that the Champlain Housing Trust will certify the sale price for each sale using
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their formula for determining affordability. The Board finds this proposal to be adequate. The
development of affordable housing is a key element of the Comprehensive Plan and the Board finds it to
be a contributing factor in the amended project meeting the PUD purpose of innovation. The Board
finds the proposed project meets this criterion.
C) STORMWATER
The Board received the following comments from the Stormwater Section in an email dated March 17,
2017:
The Stormwater Section has reviewed the "Synergy Development, LLC" Site Plan prepared Trudell
Consulting Engineers, dated 9123116, most recently updated on 3117117. We would like to offer the
following comments:
1. This project is located in the Bartlett Brook watershed. This watershed is listed as Stormwater
impaired by the State of Vermont Department of Environmental Conservation (DEC).
2. The DRB should include a condition requiring the applicant to regularly maintain aN storm water
treatment and conveyance infrastructure.
Thank you for the opportunity to comment.
This decision will include a condition regarding the maintenance of stormwater treatment and
conveyance infrastructure.
D) ENERGY STANDARDS
The Board notes that all new buildings are subject to the Stretch Code pursuant to Section 3.15:
Residential and Commercial Building Energy Standards of the LDRs.
E) SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall
require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes
the following general review standards for all site plan applications:
A) Relationship of Proposed Development to the City of South Burlington Comprehensive
Plan. Due attention by the applicant should be given to the goals and objectives and the
stated land use policies for the City of South Burlington as set forth in the Comprehensive
Plan.
The Board finds that this criterion is being met as discussed above.
B) 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.
(2) Parking
(3) Without restricting the permissible limits of the applicable zoning district, the height
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and scale of each building shall be compatible with its site and existing or
anticipated adjoining buildings.
(4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansion shall, to the extent feasible, be underground.
F) 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.
(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.
At present no building is being proposed, only a footprint for where a single family dwelling unit would
be sited on Lot 3. The Board finds the existing mature trees will help create desirable transitions when a
building is constructed on the site. The Board finds that the height and scale of the future single family
dwelling should be compatible with the site and the neighboring houses, the utilities should be
underground to the extent feasible, and the structures within the PUD should relate harmoniously to
themselves and the terrain.
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 Land Development Regulations:
1. Access to Abutting Properties. The reservation of land maybe required on any lot for provision of
access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto
an arterial or collector street, to provide additional access for emergency or other purposes, or to
improve general access and circulation in the area.
Staff does not consider the reservation of land to be necessary.
2. Utility Services. 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.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and
service modifications must be underground.
3. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance
with any recycling or other requirements, shall be accessible, secure and properly screened with
opaque fencing to ensure that trash and debris do not escape the enclosure(s).
The applicant submitted material stating that garbage will be stored in the garage units of each individual
unit. The Board finds that this criterion is being met.
4. Landscaping and Screening Requirements. (See Article 13, Section 13.06)
No construction is proposed as part of this application. The Board finds this criterion inapplicable.
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DECISION
Motion by John Wilking, seconded by David Parsons, to approve preliminary & final plat application #SD-
17-04 of Synergy Development, LLC subject to the following conditions:
1. All previous approvals and stipulations will remain in full effect except as amended herein.
2. This project must 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 plat must be revised to show the changes below and will require approval of the Administrative
Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative
Officer prior to recording the plat.
a. The survey plat must be revised to include the signature and seal of the land surveyor.
4. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit.
5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
6. The proposed project must 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 must meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
7. For purposes of the LDRs, the two (2) footprint lots included in this subdivision will be considered
one (1) lot. The applicant shall record a "Notice of Condition" to this effect which has been approved
by the City Attorney prior to recording the final plat plans.
8. The applicant will be responsible to regularly maintain all stormwater treatment and conveyance
structures on -site.
9. The mylars must be recorded prior to any zoning permit issuance.
10. The applicant must obtain a zoning permit within six (6) months pursuant to Section 17.04 of the
Land Development Regulations or this approval is null and void.
11. Prior to the recording of the final plat, legal documents related to the 20 year affordability covenant
on the existing single family house must be reviewed and approved by the City Attorney, recorded in
the land records, and delivered to the Administrative Officer before the zoning permit may be issued
for the new proposed single family dwelling on Lot 3.
12. The applicant must submit to the Administrative Officer a final set of project plans as approved in digital
(PDF) format prior to the issuance of the zoning permit.
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13. The final plat plans (Site Plan and Subdivision Plat) must be recorded in the land records within 180
days or this approval is null and void. The plan must be signed by the Board Chair or Clerk prior to
recording. Prior to recording the final plat plan, the applicant must submit a copy of the survey plat
in digital format. The format of the digital information will require approval of the South Burlington
GIS Coordinator.
Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Frank Kochman
Yea
Nav
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 4— 1— 0.
Signed this 22 day of
March
1
Bill Miller, Chair
2017, by
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://vermontjudiciary.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 802.477.2241 to speak with the regional Permit Specialist.
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