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Home My WebLink AboutSD-23-01 - Decision - 1699 Hinesburg Road#SD-23-01 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING JJJ SOUTH BURLINGTON, LLC 1580 DORSET STREET/1699 HINESBURG ROAD FINAL PLAT APPLICATION #SD-23-01 FINDINGS OF FACT AND DECISION Final plat application #SD-23-01 of JJJ South Burlington, LLC to amend a previously approved plan for a 291 unit planned unit development. The amendment consists of establishing lots around 30 previously- approved single family home sites within the second phase of the overall Master Plan area, and creating one additional 0.20 acre open space lot to be maintained by the HOA, 1580 Dorset Street and 1699 Hinesburg Road. The Development Review Board held a public hearing on Wednesday, January 18, 2023. Bryan Currier represented the applicant. 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. Final plat application #SD-23-01 of JJJ South Burlington, LLC to amend a previously approved plan for a 291 unit planned unit development. The amendment consists of establishing lots around 30 previously- approved single family home sites, and creating one additional 0.20 acre open space lot to be maintained by the HOA, 1580 Dorset Street and 1699 Hinesburg Road. 2. The owner of record of the subject property is JJJ South Burlington, LLC. 3. The application was received on December 13, 2022 4. The Project is located in the Southeast Quadrant Neighborhood Residential Zoning District and the Southeast Quadrant Village Residential Zoning District. 5. The plans submitted consist of the following: Sheet No. Plan Description Prepared By Last Revised PL1 Subdivision Plat O’Leary Burke Civil Associates 11/30/2022 PL2 Subdivision Plat O’Leary Burke Civil Associates 1/17/2023 PL3 Subdivision Plat O’Leary Burke Civil Associates 11/30/2022 SH2 Overall Site Plan O’Leary Burke Civil Associates 11/30/2022 SH17* Water Details O’Leary Burke Civil Associates 11/30/2022 *SH17 is not an approved plan for the purpose of this decision; see 15.A.14 A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS SETBACKS, COVERAGES & LOT DIMENSIONS The project is located in the SEQ-NR, SEQ-VR and SEQ-NRP sub-districts. The dimensional standards outlined in Table C-2 of the Land Development Regulations were altered though the Master Plan approval #SD-23-01 process for the subject property. The approved waivers are outlined in the decision and findings of fact for Master Plan #MP-17-02 and duplicated below. a. Single family minimum lot size from 12,000 sq. ft. to 7,200 sq. ft. b. Single family maximum overall lot coverage from 30% to 60%. c. Single family maximum building lot coverage from 15% to 42%. d. Two-family maximum overall lot coverage from 30% to 60%. e. Two-family maximum building lot coverage from 15% to 42%. f. Two-family front yard setback from 20 feet to 10 feet. g. Two-family rear yard setback from 30 feet to 5 feet. h. Multi-family maximum overall lot coverage from 30% to 60%. i. Multi-family maximum building lot coverage from 15% to 42%. j. Multi-family front yard setback from 20 feet to 10 feet. k. Multi-family rear yard setback from 30 feet to 5 feet. In order to accommodate the proposed individual lots for lots 67 – 82 and 87 – 100, the Board further waives the minimum single family lot size to 5,100 and the maximum single family building coverage to 70% for Lots 67 – 82 and 87 – 100. The Board also waives side yard setbacks from 10 to 5 ft and rear yard setbacks from 30 to 5 ft for lots 67 – 82 and 87 - 100. The applicant has requested a rear yard setback to 0 ft but LDR 14.04A(3)(b) prohibits setbacks less than 5-ft. The lots are generally configured to create the same building envelope approved in final plat #SD-18-28. No changes to the approved lot or building coverages on an aggregate basis for each zoning district are proposed. B) 15.C PLANNED UNIT DEVELOPMENT This project was approved as PUD #SD-18-28 under the Land Development Regulations effective April 28, 2018. 15C.07C allows minor amendments to existing PUDs whose approval has not expired to be amended as a general PUD. 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 15C.09(G)(4). Site plan standards do not apply to single family homes on their own lots. The approved dimensional waivers comply with other regulations of the LDR. Subdivision standards are discussed herein. No changes within overlay districts are proposed. (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). No changes to streets are proposed. (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). #SD-23-01 No changes to the approved home configuration is proposed. Parking areas to serve single family homes are located between the front of the building and the street. The buildings are proposed to be located outside the setback. The Board finds this criterion met. (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 Board approved the building configuration in #SD-18-28. The proposed lots are around the approved building locations. The Board finds this criterion met. (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(B)(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. Civic spaces approved in SD-18-28 include 3.78 acres of managed open spaces, consisting of managed park areas (and including a 0.11 acre community garden area). The required park acreage at the time of the initial final plat approval was 2.67 acres; there was no additional requirement for civic spaces. The master plan is divided into two areas, known as the Cider Mill and Edgewood (formerly known as Cider Mill II). The Edgewood area is 65.5 acres. No calculation of buildable area has been provided nor is required since no there is no proposed change to the development plan. The Board finds this criterion not applicable. As part of this final plat amendment, the applicant is proposing to subdivide a new lot for approved open space “A,” consisting of a park between Russet Road and Pippin Lane. This open space was previously incorporated into the City Right of Way. The applicants’ proposed subdivision is consistent with 15.A.16(C) requiring civic spaces to be on their own lots. The Board finds this acceptable and finds this lot shall be maintained as a small civic space with lawn, and may be improved with trees, landscaping, or park amenities such as benches or playground equipment without amendment to these 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 Board found a similar criterion to be met in conjunction with final plat approval #SD-18-28. No changes to compliance with this criterion are proposed. As there are no changes to the development proposal, the Board finds this criterion to be not applicable. C) ENVIRONMENTAL PROTECTION STANDARDS 12.06 Wetland Protection Standards and Review Procedures #SD-23-01 #SD-18-28 approved impacts to a Class II and Class III wetlands and wetland buffers. No changes to the impacts are proposed. The Board finds these criteria not applicable. D) GENERAL PROVISIONS 15.A.14 Infrastructure, Utilities, and Services B. Potable Water Supply and Wastewater Systems (4) Proposed mains, distribution lines and connections to the City’s water distribution and wastewater systems, and associated equipment and appurtenances, must be designed to City specifications by a Vermont registered engineer, and are subject to review and approval by the Public Works Department. The applicant has requested to be allowed to use PVC water mains instead of ductile iron. The City of South Burlington Water Director indicated this would not be acceptable. The Board finds the applicant may use ductile iron or PVC for water mains as may be approved in the future by the City of South Burlington Water Director. 3.18 Residential and Commercial Building Energy Standards The Board notes that residential buildings shall comply with the Stretch Code. The applicant must file a RBES certificate demonstrating compliance with the Stretch Code prior to occupancy of the structure. DECISION Motion by Dan Albrecht, seconded by Dawn Philibert, to approve Final Plat Application #SD-23-01 of JJJ South Burlington, 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 following waivers of Land Development Regulation standards are granted for lots 67 – 82 and 87 – 100 only. a. Minimum single family lot size from 12,000 sf to 5,100 sf b. Maximum single family lot coverage of from 30% to 70% c. Side yard setbacks from 10 to 5 ft d. Rear yard setbacks from 30 ft to 5 ft 4. The final plat plans (Sheets PL1, PL2, and PL3) shall be recorded in the land records within 180 days or this approval is null and void. The plans shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. #SD-23-01 5. The plats must be recorded prior to zoning permit issuance for the first home on Lots 67 – 82 and 87 - 100. 6. The applicant must demonstrate compliance with the maximum allowable height, measured as proscribed in Section 3.07, as part of the zoning permit for any new building in the PUD. 7. Any change to the plan shall require approval by the South Burlington Development Review Board or the Administrative Officer as allowed by the Land Development Regulations. Dan Albrecht Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present John Stern Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Motion carried by a vote of 5 - 0 - 0. Signed this ___ day of January, 2023, by _____________________________________ Dawn Philibert, Chair 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 with the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must be mailed to the City of South Burlington Planning and Zoning Department at 180 Market Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802- 951-1740 or https://www.vermontjudiciary.org/environmental 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.