HomeMy WebLinkAboutAgenda 05_SD-22-01_5 Johnson Way_Connolly_FP#SD-22-01
Staff Comments
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CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SD-22-01_5 Johnson Way_Connolly_FP_2022-01-04.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: December 27, 2021
Plans received: November 29, 2021
1700 Dorset Street/5 Johnson Way
Preliminary and Final Plat Application #SD-22-01
Meeting date: January 4, 2022
Applicant
Brendan & Alexandra Connolly
PO Box 2577
Sag Harbor, NY 11963
Property Owner
Myra & Elise Ameigh
5 Johnson Way
South Burlington, VT 05403
Property Information
Tax Parcel 0570-01700
Southeast Quadrant – Neighborhood Residential (SEQ-
NR)
7.98 acres
Engineer
O’Leary Burke Civil Associates
13 Corporate Drive
Essex Junction, VT 05452
Location Map
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PROJECT DESCRIPTION
Final plat application #SD-22-01 of Brendan Connolly to amend a previously approved planned unit
development of three lots by subdividing an existing 8.0 acre lot developed with a single family home
into three lots of 0.5 ac (Lot 4), 0.5 ac (Lot 5), and 9.0 ac (Lot 1) for the purpose of developing a single
family home on each of lots 4 and 5, 5 Johnson Way.
COMMENTS
Development Review Planner Marla Keene (“Staff”) has reviewed the plans submitted on 11/29/2021
and offer the following comments. Numbered items for the Board’s attention are in red.
CONTEXT
The subject property is located in the SEQ-VR District in an area subject to Interim Zoning. The City
Council approved application IZ-21-02 authorizing the development of single family homes on Lots 4 and
5. The applicant obtained approval for a 3-lot Planned Unit Development in 2017. This represents an
application to modify the PUD by adding two lots, though the two lots will be accessed via a distinct
driveway and may appear to be part of the Sadie Lane neighborhood rather than the Johnson Way
neighborhood.
The sketch plan was reviewed by the Board on March 3, 2021. Preliminary plat application #SD-21-17
was approved by the Board on August 19, 2021.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Setbacks, Coverages & Lot Dimensions
Dimensional standards are as follows.
SEQ-VR Required Proposed
Lot #1
Proposed
Lot #4
Proposed Lot
#5
Min. Lot Size 12,000 sf 7.04 acres 0.5 acres 0.5 acres
Max. Building Coverage 15% Calculated on an overall basis at 2%
Max. Overall Coverage 30% Calculated on an overall basis at 4%
@ Min. Front Setback 20 ft 29 ft 20 ft 20 ft
@ Min. Side Setback 10 ft 45 ft 10 ft 10 ft
@ Min. Rear Setback 30 ft > 30 ft 30 ft 30 ft
Building Height
(pitched roof)
28 ft < 28 ft, no
change
26.75 ft 27.25 ft
@ The applicant has proposed building envelopes which extend to the allowable setbacks, though
they have shown sample homes within these envelopes. Staff recommends the Board allow
structures to be placed within the designated envelopes.
ARTICLE 9: SOUTHEAST QUADRANT
9.06 SOUTHEAST QUADRANT DIMENSIONAL AND DESIGN REQUIREMENTS APPLICABLE TO ALL SUB-
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DISTRICTS.
The following standards apply to development and improvements within the entire SEQ.
A. Height. See Article 3.07.
Article 3.07 states that the requirements of Table C-2, Dimensional Standards, apply for the maximum
number of stories and the maximum height. Waivers are not available for structures with the SEQ
zoning district.
The Project is located within the SEQ-NR district. A summary of dimensional standards is above.
B. Open Space and Resource Protection.
(1) Open space areas on the site shall be located in such a way as to maximize opportunities for
creating usable, contiguous open spaces between adjoining parcels
The LDR defines open space as follows.
Land maintained in essentially an undisturbed, natural state for purposes of resource
conservation, and/or maintaining forest cover; or that is enhanced and managed for
outdoor recreation and civic use, working lands, or local food production. Open space must
be of a quality and size that supports its intended function or use. Open space specifically
excludes streets, parking areas, driveways and other areas accessible to motor vehicles.
The property contains a large wetland area, with a handful of upland pockets. The proposed
development occurs in one such upland pocket without further bisecting the wetland. The Board
found this criterion met at preliminary plat. No changes are proposed.
(2) Building lots, streets and other structures shall be located in a manner consistent with the
Regulating Plan for the applicable sub-district allowing carefully planned development at the
average densities provided in this bylaw.
The regulating plan, provided in 9.07 of the Land Development Regulations, pertains to lot ratios,
street, block and lot patterns, and park design and development. At preliminary plat, the Board
found the only relevant criterion is that of lot ratios. Lot ratios are also addressed in 9.08A(3)
below.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall
be established by the applicant. Such plan shall describe the intended use and maintenance of
each area. Continuance of agricultural uses or enhancement of wildlife habitat values in such
plans for use and maintenance is encouraged. Existing natural resources on each site shall be
protected through the development plan, including (but not limited to) primary natural
communities, streams, wetlands, floodplains, conservation areas shown in the Comprehensive
Plan, and special natural and/or geologic features such as mature forests, headwaters areas,
and prominent ridges. In making this finding the Development Review Board shall use the
provisions of Article 12 of this bylaw related to wetlands and stream buffers.
The wetland areas are proposed to be protected by a split rail fence, beyond which mowing will
be prohibited. At preliminary plat, the Board found the applicant must provide a written
vegetation management plan at the final plat stage of review. The applicant provided a plan
showing that areas inside the fence may be maintained as lawn and areas outside the fence must
be allowed to revegetate naturally. Staff considers this criterion met.
Article 12 specifically pertains to wetland and wetland buffer encroachments. No encroachments
are proposed.
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(4) Sufficient grading and erosion controls shall be employed during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions
on the subject property and adjacent properties. In making this finding, the Development
Review Board may rely on evidence that the project will be covered under the General Permit
for Construction issued by the Vermont Department of Environmental Conservation.
The applicant has provided an erosion prevention and sediment control plan which establishes
the wetland buffer as the construction limits. Staff considers this criterion met.
(5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or
primary or natural community areas and buffers in a manner that is aesthetically compatible
with the surrounding landscape. Chain link fencing other than for agricultural purposes shall be
prohibited within PUDs; the use of split rail or other fencing made of natural materials is
encouraged.
The applicant has included a plan note stating “SPLIT RAIL FENCE INSTALLED ALONG WETLAND
BUFFER.” The fence is proposed to be two-rail and 3-ft high above grade. Staff considers this
criterion met.
C. Agriculture. The conservation of existing agricultural production values is encouraged through
development planning that supports agricultural uses (including but not limited to development
plans that create contiguous areas of agricultural use), provides buffer areas between existing
agricultural operations and new development, roads, and infrastructure, or creates new
opportunities for agricultural use (on any soil group) such as but not limited to community-
supported agriculture.
There are no existing agricultural uses on this site or on adjacent sites. At preliminary plat the Board
found this criterion not applicable.
D. Public Services and Facilities. In the absence of a specific finding by the Development Review
Board that an alternative location and/or provision is approved for a specific development, the
location of buildings, lots, streets and utilities shall conform with the location of planned public
facilities as depicted on the Official Map, including but not limited to recreation paths, streets,
park land, schools, and sewer and water facilities.
The Official Map includes a recreation path at the north boundary of the property, which was
constructed as part of the Sadie Lane development. The Board found this criterion met at
preliminary plat. No changes are proposed.
(1) Sufficient water supply and wastewater disposal capacity shall be available to meet the
needs of the project in conformance with applicable State and City requirement, as
evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water
and Wastewater Permit from the Department of Environmental Conservation.
The South Burlington Water Department reviewed the preliminary plans on 6/11/2021 and
offered the following comments. No changes affecting compliance with these comments are
proposed.
1. Construction and materials of all water infrastructure must comply with the CWD
Specifications and Details.
2. If the service line to lot 5 is to be sized to support a residential fire sprinkler system, then
the installation of an approved fire sprinkler system backflow device is required.
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3. Location of the water main must be performed prior to tapping.
Staff recommends the Board incorporate these comments as conditions of approval.
The South Burlington Water Quality department (wastewater) reviewed the preliminary plans
on 6/11/2020 and offered the following comment.
As a private sewage pump station, we need signage on the pumpstation that shows the
owner’s emergency contact information and/or the emergency service contractor’s
number. This would also be good to have listed on the signage, below the owner’s
emergency contact information.
The applicant has incorporated this requirement into their sewer pump station detail. Staff
considers this criterion met.
(2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting
shall be designed in a manner that is compatible with the extension of such services and
infrastructure to adjacent properties.
The applicant has proposed to connect to City utilities via Sadie Lane. Water, electric and
gas are proposed to be in or adjacent to the driveway, while sewer is proposed to be east of
the buildings.
The Director of Public works reviewed the preliminary plans on 6/11/2021 and offered the
following comments.
Certainly a lot of details to focus on when Final Plat is submitted, but at this point my
main question is how the driveway will interact with the rec path in terms of signage,
drainage, striping, etc.
The applicant has shown that the driveway does not disrupt the grade of the rec path. Staff
considers no culvert to be necessary.
(3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is
consistent with City utility plans and maintenance standards, absent a specific agreement
with the applicant related to maintenance that has been approved by the City Council.
No public facilities are proposed as part of this project. The comments of the City Water
Quality department are above. Staff recommends the Board require final review of the
pump station by the City Water Quality Department prior to issuance of a zoning permit.
(4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire
protection can be provided, with the standards for evaluation including, but not limited to,
minimum distance between structures, street width, vehicular access from two directions
where possible, looping of water lines, water flow and pressure, and number and location
of hydrants.
The Fire Chief reviewed the preliminary plans on 6/11/2021 and commented that the
driveway should be designed to accommodate a fire truck weight and width or the buildings
should be equipped with residential fire suppression systems. Residential fire suppression
systems are required for homes greater than 150 ft from the road. The applicant has
provided a note requiring a residential fire suppression system for the home on Lot 5. The
home on Lot 4 is within 150 ft of the public road; no suppression system is needed. Staff
considers this criterion met.
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E. Circulation. The project shall incorporate access, circulation and traffic management strategies
sufficient to prevent unsafe conditions on adjacent roads and sufficient to create connectivity
for pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles
between neighborhoods. In making this finding the Development Review Board may rely on the
findings of a traffic study submitted by the applicant, and the findings of any technical review
by City staff or consultants.
(1) Roads shall be designed in a manner that is compatible with the extension of such services
and infrastructure to adjacent properties.
(2) Roads shall be designed in a manner that is consistent with City roadway plans and
maintenance standards, absent a specific agreement with the applicant related to
maintenance that has been approved by the City Council.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and
neighborhoods shall apply.
The Board found this criterion met at preliminary plat. No changes are proposed.
9.09 SEQ-VR Sub-District; Specific Standards
The SEQ-VR sub-district has additional dimensional and design requirements, as enumerated in this
Section.
A. Street, Block and Lot Pattern
(1) N/A
(2) N/A
(3) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio
of 1:2.5 to 1:5 recommended
Lots shall have a minimum lot width to depth ratio of 1:2. The applicant is proposing a width to depth
ratio of less than 1:1. The proposed lots cannot be configured to meet the required ratio without
encroaching further into the wetland. The applicant noted at sketch that they could meet the required
ratio if they were to include wetland areas in the proposed lots. However, the applicant already is
including wetland area in the proposed lots.
The applicant stated at sketch that protecting the wetland is a consideration leading to a need for waiver
of this requirement, a goal the Board supports. In further support of this goal, the Board found at
preliminary plat that the applicant shall record a notice of conditions indicating that the wetland and
wetland buffer shall not be maintained as lawn, and that the applicant shall propose additional
demarcation measures, potentially to include boulders or signage.
1. The applicant has added boulders to the western property lines to further demarcate the wetland. Staff
considers it to be human nature to tidy up one’s lawn and recommends the Board either require the
applicant to provide signage indicating “Wetland Buffer, No Mowing” (or similar), or set the boulders
inside the property line by approximately 2 ft to allow the homeowners to mow in between them.
B. Street, Sidewalk & Parking Standards N/A
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C. Residential Design
Section 9.08 of the SBLDR lays out particular standards related to the orientation of housing, mix of
housing styles, setbacks, and parking/garages. The applicant has provided a design narrative and
elevations in support of these. Staff recommends the Board incorporate compliance with the
provided design narrative as a condition of approval. Staff further recommends the Board require the
constructed homes to match the presented elevations in the following ways.
• Covered front porch with railing
• Variable height and variable direction roof line
• Similar amount of glazing on the front façade
• Shingled eave returns or full shingled eave returns
• At least one gabled dormer roof on the front façade
(1) Building Orientation. Residential buildings must be oriented to the street. Primary
entries for single family and multi-family buildings must face the street. Secondary building
entries may open onto garages and/or parking areas. (Special design guidelines apply to
arterial streets; see Section 9.11).
At sketch the Board directed the applicant to orient the homes so they face west rather than
facing Sadie Lane for consistency with the orientation of homes on Sadie Lane. The home
on Lot 5 is side loaded while the garage proposed for Lot 4 is front loaded. Staff considers
the applicant to have addressed the Board’s comments. Staff notes the Board’s direction
represents a de-facto waiver of this requirement and recommends the waiver be noted in
the decision.
(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.
Staff considers the provided homes meet this criterion.
(3) Front Building Setbacks. A close relationship between the building and the street is
critical to the ambiance of the street environment.
(a) Buildings should be set back a maximum of twenty-five feet (25’) from the back
of sidewalk.
(b) Porches, stoops, and balconies may project up to eight feet (8’) into the front
setbacks.
The home on Lot 5 is are not proposed to have a relationship to the street because of the
Board’s direction to have the homes face west. The Board found at preliminary plat that due
to the location of the homes, this criterion is adequately met. No changes are proposed.
(4) Placement of Garages and Parking. For garages with a vehicle entrance that faces a
front lot line, the facade of the garage that includes the vehicle entrance must be set back
a minimum of eight feet (8’) behind the building line of the single or two-family dwelling.
(a) For the purposes of this subsection:
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(i) The building width of a single or two-family dwelling, not including the garage,
shall be no less than twelve feet (12’), except for a duplex with side-by-side primary
entries, in which case the building width of each dwelling unit in the duplex, not
including a garage, shall be no less than eight feet (8’)
(ii) The portion of the single or two-family dwelling that is nearest the front lot line
may be a covered, usable porch, so long as the porch is no less than eight feet (8’)
wide.
(b) The DRB 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 façade of the garage that is oriented to the street is no more than
eight feet (8’) in front of the façade of the house that is oriented to the street.
At preliminary plat the Board founds the homes to have side facing garages and therefore
waived this criterion. The Board further found the garage on Lot 4 must be set back at least
8-ft from the front façade. Staff considers this finding to refer to the west façade of the home
on Lot 4.
(c) - (d) N/A
(5) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.),
sizes, and affordability is encouraged within neighborhoods and developments. These
should be mixed within blocks, along the street and within neighborhoods rather than
compartmentalized into sections of near-identical units.
At preliminary plat the Board found that the proposed homes meet this criterion to the
extent feasible for a five-lot PUD.
15.18 CRITERIA FOR REVIEW OF PUDS, SUDVIDISIONS, TRANSECT ZONE SUBDIVISIONS AND MASTER
PLANS
(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of
the project in conformance with applicable State and City requirements, as evidenced by a
City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater
Permit from the Department of Environmental Conservation.
See discussion under 9.06D(1) above.
(2) Sufficient grading and erosion controls will be utilized during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous
conditions on the subject property and adjacent properties. In making this finding, the DRB
may rely on evidence that the project will be covered under the General Permit for
Construction issued by the Vermont Department of Environmental Conservation.
See discussion under 9.06B(4) above.
(3) The project incorporates access, circulation and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely
on the findings of a traffic study submitted by the applicant, and the findings of any
technical review by City staff or consultants.
See discussion under 9.06E above.
(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
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on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these
Regulations related to wetlands and stream buffers, and may seek comment from the
Natural Resources Committee with respect to the project’s impact on natural resources.
See discussion under 9.06B above.
(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. For Transect Zone subdivisions, this standard shall apply only to the
location of lot lines, streets and street types, and natural resources identified in Article XII
of these Regulations.
The Board found this criterion met at preliminary plat. No changes are proposed.
(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.
For Transect Zone subdivisions, this standard shall apply only to the location of natural
resources identified in Article XII of these Regulations and proposed open spaces to be
dedicated to the City of South Burlington.
See 9.06B(1) above.
(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to
insure that adequate fire protection can be provided, with the standards for approval
including, but not be limited to, minimum distance between structures, street width,
vehicular access from two directions where possible, looping of water lines, water flow and
pressure, and number and location of hydrants. All aspects of fire protection systems shall
be designed and installed in accordance with applicable codes in all areas served by
municipal water. This standard shall not apply to Transect Zone subdivisions.
See discussion of fire safety considerations under 9.06D(4) above.
(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 properties. For Transect Zone subdivisions, this
standard shall only apply to the location and type of roads, recreation paths, and sidewalks.
See 9.06D(2) above.
(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.
See 9.06D(3) above.
(10) The project is consistent with the goals and objectives of the municipal Plan for the affected
district(s).
The Goals of the comprehensive plan follow.
1. Affordable & community Strong. Creating a robust sense of place and opportunity for
our residents and visitors.
2. Walkable. Bicycle and pedestrian friendly with safe transportation infrastructure.
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3. Green & clean. Emphasizing sustainability for long-term viability of a clean and green
South Burlington.
4. Opportunity Oriented. Being a supportive and engaged member of the larger regional
and statewide community.
The project lies within the Southeast Quadrant of the city. Southeast Quadrant objectives in
the Comprehensive Plan are:
60. Give priority to the conservation of contiguous and interconnected open space areas
within this quadrant outside of those areas [districts, zones] specifically designated for
development.
61. Maintain opportunities for traditional and emerging forms of agriculture that
complement and help sustain a growing city, and maintain the productivity of South
Burlington’s remaining agricultural lands.
62. Enhance Dorset Street as the SEQ’s “main street” with traffic calming techniques,
streetscape improvements, safe interconnected pedestrian pathways and crossings, and
a roadway profile suited to its intended local traffic function.
The Board found at preliminary plat that this project, as a five-lot PUD, does not detract from
any of the goals or objectives of the comprehensive plan. No changes are proposed.
(11) The project’s design incorporates strategies that minimize site disturbance and integrate
structures, landscaping, natural hydrologic functions, and other techniques to generate less
runoff from developed land and to infiltrate rainfall into underlying soils and groundwater
as close as possible to where it hits the ground. For Transect Zone subdivisions, this standard
shall apply only to the location of natural resources identified in Article XII of these
Regulations.
The applicant has provided a calculation indicating that the total proposed impervious on Lots
1 – 5 is 0.44 acres. Therefore compliance with the stormwater management standards of
Article 12 is not required. Staff considers this criterion met.
Energy Standards
All new buildings are subject to the Stretch Energy Code pursuant to Section 3.15: Residential and
Commercial Building Energy Standards of the LDRs.
RECOMMENDATION
Staff recommends that the Board discuss the Project with the applicant and close the hearing.
Respectfully submitted,
Marla Keene, Development Review Planner