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HomeMy WebLinkAboutSD-22-07 - Decision - 0047 Cheesefactory Lane (2)#SD-22-07 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING HICKORY HILLSIDE, LLC 47 CHEESEFACTORY ROAD FINAL PLAT APPLICATION #SD-22-07 FINDINGS OF FACT AND DECISION Final plat application #SD-22-07 of Hickory Hillside, LLC to subdivide an approximately 67.6 acre parcel into four lots of 65.31 acres (Lot 1), 0.69 acres (Lot 2), 0.69 acres (Lot 3), and 0.91 acres (Lot 4) for the purpose of conserving Lot 1 and constructing a single family home on each of Lots 2, 3, and 4, 47 Cheesefactory Road The Development Review Board held a public hearing on Tuesday, June 7, 2022. Andy Rowe and Brandon Bless 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-22-01 is to subdivide an approximately 67.6 acre parcel into four lots of 65.31 acres (Lot 1), 0.69 acres (Lot 2), 0.69 acres (Lot 3), and 0.91 acres (Lot 4) for the purpose of conserving Lot 1 and constructing a single family home on each of Lots 2, 3, and 4, 47 Cheesefactory Road 2. The owners of record of the subject property are Hickory Hillside, LLC. 3. The application was received on May 13, 2022. 4. The related sketch plan application was reviewed by the Board on April 6, 2021. Preliminary Plat Application #SD-21-22 was approved on October 11, 2021. The project is subject to the LDR adopted December 28, 2020. 5. The Project is located in the Southeast Quadrant Natural Resource Protection district. The applicant is proposing a four lot subdivision. The preliminary plat proposed a three lot subdivision. The proposed final plat involves establishing a fourth Conservation lot as its own lot instead of being combined with one of the house lots. The subdivision is largely governed by LDR 9.12, which allows lots that have been in existence since June 22, 1992 to be subdivided and developed with one or more detached single family units subject to conditional use review if they meet certain standards, discussed below. This property has been in existence in its current form since before June 22, 1992 therefore subdivision is allowed. 6. The plans submitted consist of the following: Sheet No. Plan Description Prepared By Last Revised Sheet 1 Overall Site Plan Lamoureux & Dickinson 05/09/2022 Sheet 2 Site, Grading, Landscaping & EP&SC Lamoureux & Dickinson 05/09/2022 Sheet 3 Sitework Details & Specifications Lamoureux & Dickinson 03/07/2022 Sheet 4 Erosion Prevention & Sediment Lamoureux & Dickinson 05/27/2022 #SD-22-07 Control Details & Specifications Sheet PL 4-Lot Planned Unit Development Plat Lamoureux & Dickinson 05/09/2022 C-2 MM Wastewater and Water Supply Details Lamoureux & Dickinson 05/04/2022 C-1 MM Wastewater and Water Supply Site Plan Lamoureux & Dickinson 05/04/2022 ZONING DISTRICT STANDARDS 9.12 SEQ-NRP SUPPLEMENTAL REGULATIONS A. Any lot that lies entirely within a SEQ-NRP sub-district is subject to the following supplemental regulations: (1) Such lot shall be conveyed to the City of South Burlington as dedicated open space or to a qualified land trust and shall not be developed with a residence, or (2) Such lot may be developed with a residence or residences pursuant to a conservation plan approved by the Development Review Board. See 9.12(B) below. (3) Such lot may be developed with uses other than residences, as listed in Table C-1, subject to the Development Review Board’s approval of a conservation plan that balances development or land utilization and conservation. Such lot may also include the following additional development/activities: (a) Driveways, roads, underground utility services, or other appurtenant improvements to serve approved development or uses. Utility service components, such as transformers and amplifiers, may be installed at ground level where such accords with standard industry practices. (b) Landscaping, regrading, or other similar activities necessary to the creation of a buildable lot. The applicant is proposing to conserve the property and restrict development to a limited portion of the existing parcel. They have provided a draft conservation easement which provides restrictions over the parcel. The conservation easement has a general agricultural intention, and includes a number of exceptions, as follows. • a farmstead complex consisting of non-residential buildings • farm labor housing consisting of three (3) single family homes • additional farm labor housing that can be converted to farm related uses when not in use as housing • additional minor structures for the purpose of non-commercial periodic camping or hunting purposes The full draft conservation easement is included in the packet for the Board. The Board finds that while the conservation easement allows for additional farm labor housing beyond the three approved herein, no such approval is granted with this application and would instead be the subject of an amendment should the applicant wish to pursue it at a later date and if it were ever allowed by the LDR. Since the conservation plan will become a permanent restriction through non-regulatory modes, the Board has no concerns about retaining a future private allowance, and considers the conservation plan meets this criterion. #SD-22-07 B. A lot that was in existence on or before June 22, 1992 and which lies substantially or entirely within a SEQ-NRP sub-district may be improved with one or more single family detached dwelling units, subject to conditional use review and the following supplemental standards: (1) N/A (2) Where the lot is fifteen (15) acres or more in contiguous area, the Development Review Board may allow a subdivision of no more than three (3) lots and construction of one (1) single family dwelling unit on each of these lots only if: The applicant is proposing four lots but one is purely for the purpose of conservation. See additional discussion below. a. The DRB shall determine whether the portion of the lot in any non-NRP SEQ sub-district is sufficient to accommodate the construction and use of at least three (3) single family dwelling units on lots approvable in compliance with these Regulations. No portions of the lot are outside the NRP sub-district. The Board finds this criterion met. b. such lots shall have a minimum size of 12,000 square feet per dwelling unit, and, The Board finds this criterion met. c. the location of structures, yards, and access drives have no portion within a designated primary natural community or its related buffer, and, This standard refers to the natural communities identified in the 2005 Arrowwood Environmental Report, included in the packet for the Board. The Board finds this criterion met. d. The location of structures and access drives are clustered such that no dwelling unit is located more than one hundred (100) feet from any other structure, and, The applicant has requested waiver of this criterion to allow homes to be located in a line, with the homes approximately 100-feet apart in a line, placing the outermost homes more than 250 feet apart. The Board grants waiver of this criterion because of the applicant’s testimony that they believe this configuration is best because of ledge, existing trees, and requirements of wastewater disposal systems. e. The dwelling units shall be detached single family dwellings, and, The Board finds this criterion met. f. Such subdivision plan shall be subject to the Development Review Board’s approval of a conservation plan in a form acceptable to the City Attorney that permanently encumbers the land against further land subdivision and development. The applicant is proposing to subdivide off the lot proposed for conservation as its own lot, Lot 1. The purpose of the lot is conservation, and the only development on it consists of driveways, roads, underground utility services, landscaping, and regrading necessary to the creation of a buildable lot that the Board (elements allowed on lots within the SEQ-NRP subject to the Development Review Board’s approval of a conservation plan). The LDR clearly allows for 3 building lots and requires a conservation plan. The LDR also actively supports the conveyance of land to a qualified conservation entity, which most cleanly takes place as its own lot, and so Staff considers this to be a desirable arrangement. The Board grants waiver of the limitation to three lots in order to create a fourth non-development conservation lot. #SD-22-07 9.06 SOUTHEAST QUADRANT DIMENSIONAL AND DESIGN REQUIREMENTS APPLICABLE TO ALL SUB- DISTRICTS. The following standards shall 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 Board finds that the applicant must demonstrate building heights at the time of application for each zoning permit. 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 applicant is proposing to cluster the three homes near the north end of the site. The applicant has modified the lots slightly compared to preliminary plat due to a revised wastewater disposal system but otherwise has retained a substantially similar conservation area, including the provision of building envelopes. The proposed driveway on Lot 1 crosses a Class II wetland buffer. 12.02E. Standards for Wetlands Protection (1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is generally discouraged. The applicant has determined, in cooperation with Tina Heath of the VTANR Wetlands Program, that there is an existing class II wetland in proximity to the proposed private access road for the three development lots. The State wetlands program determined the wetland and its 50-ft buffer are exempt from State regulation at this time due to an agricultural exemption. However, if the applicant were to disturb the wetland for the currently proposed project, the wetland and buffer would become jurisdictional. Therefore the applicant has modified their plan to remove impacts to the Class II wetland in order to preserve State exemption status. The City’s wetland rules do not include the agricultural exemption employed by the State. Therefore, impacts to wetland buffers are subject to the standards of 12.02E. The area of wetland buffer impact is 5,160 sf. The Board finds the applicant must modify the plans to call out the specific area of wetland buffer impact prior to recording the mylar. (2) Encroachment into Class II wetlands is permitted by the City only in conjunction with issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3) below. No Class II wetland impacts are proposed. (3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland buffers, may be permitted by the DRB upon finding that the proposed project’s overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: #SD-22-07 (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. The applicant described the functions and values of the wetland at preliminary plat, and the Board found this criterion met. No changes to the proposed impacts have been made therefore no changes to the Boards previous findings are necessary. (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 subdivided property may only be developed with three single family dwelling units as discussed under 9.12 above. The Board finds this criterion met. (3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant. See discussion under 9.12 above. (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. The City Stormwater section reviewed the provided erosion prevention and sediment control plan on May 27, 2022 and provided the following comments. 1. Per the page 117, of the VT Standards and Specifications for Erosion Prevention and Sediment Control Manual (VTDEC, Feb 2020), the maximum allowable slope length of contributing runoff to a silt fence placed on the slope shown on the site plans (~8%) is 100ft. The site length exceeds 100’ and a second row of silt fence should be added closer to the building construction activities. 2. Plans should show the limit of construction disturbance. 3. It is not clear where on the site the stone-lined swale labeled section A-A on the Stone Check Dam detail on page 4 is to go. This detail shows rock size of 2”-6”. The typical ditch detail shown on page 3 looks to be the one intended for the stone-lined ditch that outlets stormwater to the south/east. This typical calls out Type 1 Stone (up to 12” rock size). Plans should be clear about which typical detail is intended for each swale. 4. It is not clear where on the site plan the typical stone spillway detail is intended to be placed. 5. It is not clear if the ditch on the north side of the private road is to be stone-lined or vegetated between stone check dams. #SD-22-07 6. Plans should include a detail for rock outlet protection for both 15” drainage outlets. The Board finds the applicant must address the comments of the City Stormwater Section as conditions of approval. (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 provided a row of boulders spaced 25-ft on center with a minimum dimension of 24-inches and a minimum above-ground height of 12-inches. They have also included a provision that a continuous split rail fence may be provided instead. The Board finds the applicant must provide a continuous split rail fence along the road, while the boulders as described may be retained where the wetland buffer is not adjacent to the road. 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. The primary use of this property will remain agricultural. The Board finds this criterion met. 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. (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 proposed development will be served by private water and wastewater systems. The applicant has indicated they are in the process of obtaining a state Wastewater and Potable Water Supply Permit. The Board finds the applicant must demonstrate these permits have been obtained prior to issuance of the first zoning permit for the project. (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. No additional development may take place on this parcel, as discussed under 9.12 above, therefore the Board finds this criterion to be not applicable. (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. #SD-22-07 The applicant is proposing to serve three homes with a private access road. The applicant has indicated electric lines from Cheesefactory Road will serve the proposed homes, and will be located along the driveway serving those homes. (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 plans on May 25, 2022 and confirmed that because the homes will be located greater than 150-feet from a public right of way, all homes must have a 13D compliant sprinkler system. The applicant is reminded the applicant will need a permit for the sprinkler from the fire department. The Fire Chief recommends the applicant contact the fire department regarding the sprinkler system in order to ensure a cost-effective system is installed. The Board finds this criterion met. D. 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. The road is designed to meet City standards. (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. The Board finds this criterion met. (3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and neighborhoods shall apply. The conservation easement precludes extension of the roadway to adjacent properties. 3.05B. Lots with No Road Frontage (2) The Development Review Board may approve subdivision or development of lots with no frontage on a public street, as long as access to such a street by a permanent easement or right-of-way at least twenty (20) feet in width is provided, according to the following procedures: (a) … (b) Conditions of Approval. Any application to create a new lot with no road frontage shall be subject to the requirements and major subdivision criteria of Article 15 of these Regulations in addition to this section. (i) Number of lots and/or dwelling units on a private right-of-way. The Development Review Board shall limit the number of developable lots on a private right-of-way to three (3) and/or the number of multi-family units to #SD-22-07 ten (10), whichever is less, beyond which a public street shall be required (See Article 15, Subdivision). The Development Review Board shall require a public street if the number of developable lots is greater than three (3) and/or the number of multi-family units is ten (10) or more, whichever is less. The Development Review Board may also limit the length of a private right-of-way, and may impose other conditions as may be necessary to assure adequate emergency access to all lots and dwelling units. (ii) The Development Review Board may require a right-of way wider than the twenty (20) foot minimum if it is to serve more than one (1) lot. (iii) The Development Review Board may impose conditions to insure the maintenance and permanency of a private right-of-way and to insure that a right-of-way will not place a burden on municipal services. The Board finds these criteria met for the private road serving the three homes. 15.12 Standards for Roadways, Parking and Circulation D. Criteria for Public and Private Roadways (3) Private Roadways allowed. The DRB may at its discretion approve a roadway or roadways within a subdivision or PUD to be private if one or more of the following situations applies: (a) (b) not applicable (c) The proposed roadway serves five (5) or fewer single-family or duplex dwellings, an any combination of the two types of dwellings. The Board finds this criterion met. (4) Connections to adjacent parcels (a) if the DRB finds that a roadway or recreation path extension or connection to an adjacent property may or could occur in the future, whether through City action or development of an adjacent parcel, the DRB shall require the applicant to construct the roadway to the property line or contribute the cost of completing the roadway connection. Section 9.12 and the conservation easement prohibit additional development on the parcel, therefore no connection may occur. E. Standards for Construction of Roadways (1) all streets shall be constructed completely by the applicant. (2) N/A (3) All private roadways shall be built to the specifications set forth in this section with the exception of curbing and widths. All private roadways shall be a minimum width of twenty-six (26) feet with parking and twenty (20) feet without parking. Table 15-1 specifies a road width of 20 ft for private roads without parking. Figure 15-1B specifies a specific roadway cross section. Section 15.12, discussed above, also requires private roads to be a minimum of #SD-22-07 20-feet wide. The Land Development Regulations contemplate an 18-foot width for wetland crossings in certain sub-districts of the Southeast Quadrant. The NRP district is not one of those districts, because no new roads were contemplated at the time the regulations were developed. Because the wetland crossing is very near to the access point on Cheesefactory Road, a narrower width could create difficulty in making the turn and would result in an insignificant reduction in wetland buffer impacts. The Board finds the road width acceptable and finds this criterion met. 9.07 SOUTHEAST QUADRANT REGULATING PLANS A. N/A B. General Provisions (1) N/A (2) All residential lots created on or after the effective date of this bylaw in any SEQ sub-district shall confirm to a standard minimum lot width to depth ratio of one to two (1:2), with ratios of 1:2.5 to 1:5 recommended At preliminary plat, the lots did not meet the required minimum lot ratio. The Board allowed the proposed ratio since the objective of this standard is to create a neighborhood feel with homes close together and the applicant achieved this objective through other means. In addition, at preliminary plat, the conservation lot was included with one of the house lots. The applicant has modified lots 2 and 3 such that they now provide nearer to 1:2, while Lot 4 has a lot ratio of 1:0.62 due to the irregular shape to encompass the wastewater system. Proposed lots 2 and 3 have a width to depth ratio of 1:1.76. The Board allows the lots as designed. C. – D. N/A DIMENSIONAL REQUIREMENTS The Project is located in the Southeast Quadrant - Natural Resource Protection (SEQ-NRP) district. Dimensional standards are as follows. SEQ-NRP Required Proposed Lot 1 Proposed Lot 2 Proposed Lot 3 Proposed Lot 4 Min. Lot Size 12,000 sf 2,845,173 30,032 30,032 39,632 Max. Building Coverage 15% 0% 5.8% 5.8% 4.5% Max. Overall Coverage 30% 0.4% 8.9% 8.2% 5.7% Min. Front Setback* 20 ft. N/A 25 ft. 25 ft. 25 ft. Min. Side Setback 10 ft. N/A 10 ft. 10 ft. 10 ft. Min. Rear Setback 30 ft. N/A 104 ft. 129 ft. 129 ft. Building Height (pitched roof)2 28 ft. N/A 28 ft. max. 28 ft. max. 28 ft. max. *the private road is located on Lot 1. Front setback for Lot 1 is measured to Cheesefactory Road. Front setbacks for lots 2 and 3 are measured to the private road. The applicant has shown a building envelope on the plans to facilitate flexibility in locating the homes #SD-22-07 other than in the location shown on the plans. The building envelope for Lot 2 is larger than the building envelope for lot 3 or 4. The applicant has requested to expand the building envelope for lots 3 and 4 to match that proposed on Lot 2 in order to allow field adjustment to placement of homes in the event of shallow ledge or other unsuitable soil conditions. The Board finds that the homes will remain in close proximity to one another in keeping with the conservation objectives of the district and therefore approves the applicants request to adjust the building envelopes on Lots 3 and 4 to be equal depth to the building envelope on Lot 2. The Board finds the homes may be located anywhere within the building envelope. Overall coverage for each building lots (Lots 2, 3, and 4) shall not exceed 30% and building coverage not exceed 15%. Overall coverage on the conservation lot (Lot 1) shall not exceed 1%. SUBDIVISION STANDARDS All subdivisions for more than a single or two family residence in the SEQ district are required to be a PUD. As a PUD, the applicant is requesting certain waivers, discussed under SEQ standards above. (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. The proposed development will be served by private water and wastewater systems. The Board finds considers this criterion met. (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. This criterion differs slightly from the SEQ criterion pertaining to circulation in that it specifically addresses congestion. The Board finds the proposed development of three residential units served by a single curb cut will have no adverse impact on congestion of adjacent roads. (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. 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 above under 9.06B(1) Open Space Protection. (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 #SD-22-07 street types, and natural resources identified in Article XII of these Regulations. The Board finds the proposed development visually compatible with the low density development patterns identified for the Natural Resource Protection district. (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. This criterion is discussed under 9.06B 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 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. (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 discussion under 9.06D(3) above. (10) The project is consistent with the goals and objectives of the municipal Plan for the affected district(s). The Project is located in the area identified in the 2016 Comprehensive Plan as subject to Objective #60 and Strategies #135 and #137, as follow. Objective 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. Strategy 135: Continue to work with Shelburne on strategies to create a conserved agricultural and natural area, with appropriate public access and paths, from Shelburne Pond and Pond Road north to the Cider Mill development, consistent with the goals of the Open Space Strategy. Strategy 137: Through the development review process, land conservation initiatives, and development of Zoning Map amendments for the SEQ, work towards the addition of supplemental conserved areas adjacent and connected to existing open space lands. See discussion of conservation plan under SEQ-NRP supplemental regulations above. The Board finds this criterion met. (11) The project’s design incorporates strategies that minimize site disturbance and integrate #SD-22-07 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 Board finds the low density of the proposed development adequately protective of natural features. The total impervious proposed does not exceed the half-acre threshold for requiring compliance with Section 12 standards pertaining to stormwater. The applicant has provided two stormwater conveyance systems to convey runoff from the private road. One consists of a 15-inch pipe followed by 2 ft wide and 1 ft deep stone ditch, and the second consists of a 15-inch pipe with outfall protection. The Board finds this criterion met. CONDITIONAL USE REVIEW Pursuant to Section 9.12B of the South Burlington Land Development Regulations (development of lots in SEQ-NRP district), the proposed use shall be reviewed as a conditional use and shall meet the following standards of Section 14.10(E): 14.10E General Review Standards The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. This project will have no adverse effect upon community facilities. The Board finds this criterion met. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. The purpose of the zoning district is, in part, to encourage open space preservation, and well-planned residential use. The Board finds this criterion met. (3) Traffic on roads and highways in the vicinity. The Board finds this project will have no adverse effect on traffic on roads and highways in the vicinity. The Board finds this criterion met. (4) Bylaws and ordinances then in effect. This criterion will be addressed when other comments in this document are addressed. (5) Utilization of renewable energy resources. This project will not affect renewable energy resources. The Board finds this criterion met. DECISION Motion by Mark Behr, seconded by Stephanie Wyman, to approve Final Plat Application #SD-22-07 of Hickory Hillside, LLC, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. #SD-22-07 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 plans must be revised to show the changes below and shall require approval of the Administrative Officer prior to recording the final plat plan. a. Call out the specific area of wetland buffer b. Revised the plans to address the comments of the City Stormwater Section c. Provide a continuous split rail fence along the road, while the boulders as described may be retained where the wetland buffer is not adjacent to the road. d. Adjust the building envelopes on Lots 3 and 4 to be equal depth to the building envelope on Lot 2. 4. The following waivers of the Land Development Regulations are granted a. The homes may be located within the building envelopes described herein and are not limited to being within 100-ft of any other structure b. The applicant may create a fourth non-development conservation lot as depicted on the plans referenced herein 5. The homes shall be located within the designated building envelopes. 6. Overall coverage for each building lots (Lots 2, 3, and 4) shall not exceed 30% and building coverage not exceed 15%. Overall coverage on the conservation lot (Lot 1) shall not exceed 1%. 7. The final plat plan (sheet PL1) shall be recorded in the land records within 180 days or this approval is null and void. The plan 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. 8. The plat must be recorded prior to zoning permit issuance. 9. Lots 2, 3, and 4 are approved for single family use only without additional approval from the Development Review Board. 10. While the conservation easement allows for additional farm labor housing beyond the three approved herein, no such approval is granted with this application and would instead be the subject of an amendment should the applicant wish to pursue it at a later date and if it were ever allowed by the LDR. 11. Prior to issuance of a zoning permit for the first building or start of utility or roadway construction, all appropriate legal documents including easements shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 12. The applicant must demonstrate State Wastewater and Potable Water Supply Permits have been obtained prior to issuance of the first zoning permit for the project. 13. The applicant must receive final wastewater and water allocations for each home prior to issuance of each zoning permit. 14. The applicant must demonstrate building heights at the time of application for each zoning permit. 15. There shall be no use of herbicides, pesticides, and/or non-organic fertilizers within either the wetlands or the associated buffers. Prior to issuance of a zoning permit for the first building on the property, the applicant will be required to record a “Notice of Conditions” to this effect which has #SD-22-07 been approved by the City Attorney. 16. There will be no mowing within 50 feet of the wetlands nor can the wetland buffers be turned into lawn. Brush-hogging will be allowed no more than three (3) times per year. Prior to issuance of a zoning permit for the first building on the property, the applicant will be required to record a “Notice of Conditions” to this effect which has been approved by the City Attorney. 17. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 18. 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. 19. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 20. 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 Stephanie Wyman Yea Nay Abstain Not Present Motion carried by a vote of 4 – 0 – 0. Signed this ___ day of June, 2022, by _____________________________________ Dan Albrecht, Vice 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 575 Dorset 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. #SD-22-07 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.