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HomeMy WebLinkAboutSD-23-11 - Decision - 1200 Dorset Street #SD-23-11 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CASEY DOUGLASS 1200 DORSET STREET PRELIMINARY AND FINAL PLAT APPLICATION #SD-23-11 FINDINGS OF FACT AND DECISION Preliminary and final plat application #SD-23-11 of Casey Douglass to amend a previously approved 5.52 acre, 6-unit planned unit development. The amendment consists of subdividing lot 6, developed with a single family home and barn, into two lots of 0.69 acres (Lot 6A) and 0.60 acres (Lot 6B) for the purpose of demolishing the existing single family home and barn and constructing a new single family dwelling on each lot, 1200 Dorset Street. The Development Review Board held public hearings on August 1, 2023 and September 6, 2023. Dave Marshall and Casey Douglass represented the applicant. Based on testimony provided at the above-mentioned public hearings and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The project consists of preliminary and final plat application #SD-23-11 of Casey Douglass to amend a previously approved 5.52 acre, 6-unit planned unit development. The amendment consists of subdividing lot 6, developed with a single family home and barn, into two lots of 0.69 acres (Lot 6A) and 0.60 acres (Lot 6B) for the purpose of demolishing the existing single family home and barn and constructing a new single family dwelling on each lot, 1200 Dorset Street. 2. The project is located in the Southeast Quadrant-Neighborhood Residential Zoning District. 3. The owner of record of the subject property is Highland Development Company, LLC 4. The application was received on June 28, 2023. 5. The property is located within the 5.52 acre Foulsham Hollow Planned Unit Development, also known as the Heald Subdivision, which was approved in late 2001 with application #SD-01-59. The decision at that time was very brief, and generally approved the plans as presented, with minor waivers to reduce the required lot frontage. There is no longer a required minimum lot frontage in this zoning district. It also included a condition that the existing home at 1200 Dorset Street be reconfigured to have its driveway access off Foulsham Hollow Road. 6. The plans submitted consist of: Sheet No: Plan Description: Prepared By: Last Revised Date: C1.0 Existing Conditions and Proposed Demolitions CEA 1/5/2023 C1.1 Proposed Landscape Plan CEA 1/5/2023 C2.0 Proposed Conditions Plan CEA 8/29/2023 C2.1 Proposed Utility Site Plan CEA 8/7/2023 C3.0 EPSC Site Plan CEA 8/29/2023 C3.1 EPSC Notes and Details CEA 1/5/2023 C4.0 Details CEA 1/5/2023 C4.2 Stormwater Details CEA 8/28/2023 C5.0 Specifications CEA 1/5/2023 #SD-23-11 C5.1 Specifications CEA 1/5/2023 C5.2 Specifications CEA 1/5/2023 FP-1 Fire Truck Auto Turn CEA 8/7/2023 P1 Subdivision Plat CEA 2/27/2023 SW1 Existing Stormwater Site Plan CEA 8/28/2023 SW2 Proposed Stormwater Site Plan CEA 8/28/2023 SW3 Annotated Stormwater Maintenance Plan CEA 8/28/2023 A) ZONING DISTRICT AND DIMENSIONAL STANDARDS Dimensional standards include a minimum lot size of 9,500 sf for a single family home, 20% building coverage and 40% lot coverage, and 20 ft, 10 ft, and 30 ft front, side, and rear setbacks, respectively. As through-lots, the proposed lots will have a front lot line on both Foulsham Hollow Road and Dorset Street, and no rear lot lines. Additionally, the dimensional standards include a maximum building height for structures with pitched roofs of 28 feet. The Board finds that the development on each of the proposed lots shall meet the dimensional standards of the Southeast Quadrant – Neighborhood Residential zoning district. The applicant is proposing density above the inherent base density of the parcel proposed to be subdivided. Therefore the applicant is required to employ the use of one Transfer Development Right, discussed under section 15.A.11(A)(3) below. Transfer Development Rights, or TDRs, are governed by Article 19 of the LDRs, which regulates from where TDRs can be sent, where TDRs can be applied (or ‘received’), and the processes by which TDRs are calculated, transferred, and recorded. The applicant is proposing to purchase a TDR from a property in the SEQ-NRP zoning district for receipt at the subject parcel in the SEQ-NR zoning district. Further discussion of TDR requirements is under 15.A.11(A)(3) below. B) SUBDIVISION STANDARDS 15.A.04 Classification A. Subdivision Classes. For purposes of these Regulations, subdivisions of land shall be classified as by the Administrative Officer as follows: 1) A Minor Subdivision, to be reviewed under Section 15.A.07, which is limited to: a. The subdivision of an existing lot, tract or parcel of land into two lots, including the parent or retained lot, if the lot to be created is less than two times the minimum lot area for the district in which it is located, and either has required street frontage, or shares highway access with the retained lot; or b. A lot line adjustment or lot merger which does not meet the requirements for administrative approval under Section 15.A.03. 2) A Major Subdivision, to be reviewed under Sections 15.A.06 and 15.A.07, which includes a subdivision of land that involves any of the following: a. The subdivision of an existing lot, tract or parcel of land into two lots, which does not qualify as a minor subdivision under (A)(1); b. The creation of three or more lots through the subdivision or re-subdivision of an existing lot, tract, or parcel; #SD-23-11 c. The installation or extension of one or more streets; d. The extension of any off-tract municipal or governmental infrastructure, facilities, or other improvements; or e. A Planned Unit Development (PUD) under Article 15.C, to be reviewed by the DRB concurrently with subdivision review. This application is considered a Major Subdivision because the lots to be subdivided are each larger than two times the minimum lot area in the applicable zoning district. 15.A.11 General Standards A. Development Suitability. The applicant must demonstrate that the land to be subdivided is physically suited for its intended use and the proposed density or intensity of development, and that the proposed subdivision will not result in undue adverse impacts to public health and safety, environmental resources as identified and regulated under Article 12, neighboring properties and uses, or public facilities and infrastructure located on or within the vicinity of the land to be subdivided. (1) Physical Site Constraints. Land that is physically unsuited for development, including land that is characterized by periodic flooding, poor drainage, shallow soils, landslides, environmental site contamination or other known physical hazards or constraints, must not be subdivided for development unless the applicant can demonstrate that such limitations can be overcome, remediated, or mitigated as necessary to allow for subsequent development. The Board finds there to be no known physical site constraints on this property, as the presence of manmade steep slopes does not constitute an Environmental Hazard. As such, the Board finds this criterion to be not applicable. (3) Buildable Area Calculations. The allowed number of building lots or dwelling units within the subdivision shall be calculated based on the Buildable Area of the parcel or tract to be subdivided except as otherwise specified for a Transect Zone Subdivision under Article 8, a Planned Unit Development under Article 15.C; and as provided for the transfer of development rights under Article 19, or affordable housing offsets, bonuses, or incentives under Article 18. The project is located in the SEQ-NR zoning district, which has an inherent density of 1.2 units per acre, which may be increased to 1.8 units per acre with the transfer of development rights or through the use of inclusionary zoning. Specifically, the 1.29 acre existing lot 6 has an inherent density of 1.55 units, which may be increased to 2.32 units through the use of transferred development rights or inclusionary housing. The LDRs prohibit transfer of less than one full development right, or 0.83 acres. The applicant has indicated their intention to purchase development rights and has provided an executed option agreement for 1 transfer development right, or 0.83 acres. The applicant must record the purchase and use of the transferred development right prior to issuance of a zoning permit for a second home on the subdivided land. Additional details pertaining to the process for severance of transfer development rights are discussed in LDR Article 19. C. Development Context 1) Overlay Districts There are no Overlay Districts applicable to this parcel. 2) Multiple Districts This parcel is located entirely within the SEQ-NR zoning district. 3) Compliance with Other Regulations #SD-23-11 All other regulations, ordinances, and standards are either entirely inapplicable to this project or not presently applicable to this project – for example, the applicant will have to pay Impact Fees prior to issuance of a Zoning Permit for either proposed new single-family home, but those Fees cannot be calculated until the applicant has provided a final bedroom count and square footage for the proposed homes. As such, the Impact Fee Ordinance is not presently applicable. 4) Compliance with an Approved Master Plan There is no approved Master Plan governing this parcel. D. Development Connectivity The applicant must demonstrate that the subdivision, to the extent physically feasible, is configured and laid out to maximize connections with adjoining parcels and neighborhoods, and to avoid creating isolated and disconnected enclaves of development, except where necessary to separate incompatible land uses, or to avoid undue adverse impacts to resources identified for protection under Article 12. Accordingly, the applicant must demonstrate that the subdivision is laid out to connect with and extend existing and planned streets, sidewalks, recreation paths, transit routes, and utility and greenway corridors located adjacent to or within ½-mile of the subdivision, or as indicated on the City’s Official Map. Off-site improvements necessary to serve the proposed subdivision must be provided in accordance with 15.A.18. The proposed amendment to the existing PUD is a subdivision of one lot into two, and includes the closing of a curb cut along Dorset Street in favor of a proposed curb cut on Foulsham Hollow Road that will serve both lots. There are no other impacts of the proposed amendment to the PUD that affect compliance with this criterion. 15.A.12 Resource Protection Standards There are no identified Natural Resources or Environmental Hazards on this property. As such, this section does not apply to this application. 15.A.16 Blocks and Lots A. Purpose. The layout and configuration of blocks and building lots in relation to the street network establishes the overall pattern of development, including the creation or extension of walkable, pedestrian-friendly neighborhoods and mixed use developments. As such, the configuration of blocks and building lots represent a fundamental component of subdivision design. Accordingly, the applicant must demonstrate that the proposed subdivision incorporates: (3) Block faces and building lots that, where feasible, are oriented to maximize solar access and gain; (4) Regularly shaped building lots that front on, and minimize lot frontage or width along abutting streets; The Board considers these elements of the Blocks and Lots purpose statement as a guide to the discussion of the specific standards outlined below. C. Lots. All lots must be laid out to logically relate to topography and their intended use or purpose. Building lots must be laid out within existing and planned street and block configurations, in such a way that they can be developed in full compliance with their intended use and these Regulations. Unless otherwise specified under these Regulations as applicable to the subdivision: (7) Unless otherwise specified under these Regulations, building lots must have sufficient developable area to accommodate proposed building types, associated yard or other required #SD-23-11 open space areas, site drainage, utilities, or other improvements required under these Regulations, including site plan standards under Article 14. The Board finds the applicant has demonstrated that these lots are buildable, though Lot 6A will require an access easement over Lot 6B. (8) Unless otherwise specified under these Regulations, building lots must have sufficient developable area to accommodate proposed building types, associated yard or other required open space areas, site drainage, utilities, or other improvements required under these Regulations, including site plan standards under Article 14. Both proposed building lots are large enough and unencumbered enough to accommodate all improvements required by the Regulations and proposed as part of this application. (9) A building lot generally must be rectangular in shape, with side lot lines that are perpendicular or radial to the abutting street, and rear lot lines that parallel the street, except as necessary to accommodate existing rights-of-way or other physical site constraints (see Figure 2-1, Lots, Yards and Lot Lines). Irregular or oddly shaped building lots, including flag and through lots, are prohibited, except for: (a) A flag lot, with a minimum of fifteen (15) feet of frontage on the abutting street, as necessary to accommodate a back-lot subdivision and infill development within an existing subdivision, block pattern, or development; (b) A triangular or trapezoidal building lot defined by abutting streets that otherwise has sufficient street frontage and lot area to meet minimum lot requirements; or (c) A through lot with frontage on two parallel or intersecting streets that cannot be further subdivided under minimum lot requirements, provided that front setback requirements can be met on both streets. The Board finds the proposed lot lines to be laid out to best meet these requirements, given the existing street rights-of-way. (10) Building lots should be oriented and configured to minimize lot width (frontage) along the street. The preferred building lot width to depth ratio is 1:2; however, a ratio of 1:1 to 1:5 may be allowed as necessary to accommodate physical site constraints, stormwater drainage, or rear lot access and parking. Lot 6B does not meet the required lot ratio of 1:1. However, it is not possible to subdivide the lot into the maximum of two lots and still meet the required ratio, therefore the Board hereby waives this dimensional standard as permitted under 15.C.07 due to physical site limitations. (11) Building lots must be configured to avoid or, where necessary, minimize rear lot lines that abut side lot lines. Unless otherwise specified under these Regulations, corner lots must be configured to meet lot frontage and front setback or build-to-zone requirements on all abutting streets. Lot 6B is a corner lot and is proposed to meet setback requirements. Lot 6A is not a corner lot. Its northern property line is a side lot line, and abuts what will also be a side lot line if the proposed development at 1170 & 1180 Dorset Street is approved by the Board. Both proposed lots have two fronts and therefore no rear lot lines. The Board finds the proposed configuration of the lots to be appropriately configured to minimize rear lot lines that abut side lot lines. (12) Temporary or permanent surface parking lots, where parking is the principal use, must at minimum meet the minimum lot area requirement applicable to building lots, to allow for future #SD-23-11 parking lot redevelopment. Such lots must also be shown on subdivision plans and plats submitted with the application. Parking is not the principal use of either of the proposed new parcels – as such, this criterion does not apply. 15.A.17 Mix of Dwelling Unit Types A. Mix of Dwelling Unit Types and Architectural Features A mix of dwelling unit types (i.e. cottage, single family, two-family, small multi-family, townhouse, etc. etc.) and mix of architectural features and styles must be provided within neighborhoods and developments. These must be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near-identical unit types. An applicant for a subdivision shall submit a plan demonstrating how this mix will be achieved for the Development Review Board’s consideration at the preliminary plat stage. Where a Planned Unit Development approved under Article 15C establishes standards for a mix of dwelling unit or building types, those standards shall supersede these herein. The proposed subdivision is for two homes. The existing homes on Foulsham Hollow Road are generally the same architectural style. Given the small number of homes proposed, the Board finds no specific restriction on dwelling unit types or architectural features beyond those specified in 13.17 Residential Design for New Homes and those specified under Section 14.06(B)(1) in this decision to be appropriate for this subdivision. 15.A.18 Infrastructure, Utilities, and Services A. Capacity of Community Facilities, Utilities, and Services The applicant must demonstrate that the proposed subdivision and development will not exceed the existing or planned capacity of, or cause a disproportionate or unreasonable burden on City facilities, utilities and services, including: • Public schools, • Police, fire protection and ambulance services, • Street infrastructure and maintenance, • Parks and recreation facilities, and • Water supply, wastewater disposal, and stormwater management systems and infrastructure. The applicant will be required to pay Impact Fees to offset the impact of this development on the capacity of all of the five enumerated services. B. Potable Water Supply and Wastewater Systems The applicant must demonstrate that adequate potable water supply and wastewater facilities exist to serve the subdivision at buildout, and for each phase of development, in accordance with the following: The project is served by a private wastewater pump station that is approved to remain private. The Director of Public Works reviewed the plans on 7/19/2023 and offered comments, which the applicant adequately addressed. 1) A subdivision within the City’s public water supply and wastewater system service areas must be connected to municipal systems unless physical constraints preclude such connection. For the sewer system this includes any area located within the City Center Service Area, or within #SD-23-11 200 feet of an existing sewer line. Each building lot within the subdivision must be served by the municipal system as required under the City’s Water Ordinance, and South Burlington Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems, as most recently amended. The two lots proposed to be created will both be served by public water and wastewater, although the project will use an approved private wastewater pump station. 6) Sufficient water system pressure must be maintained throughout the subdivision, to serve all building lots and to provide for adequate fire protection. The Superintendent of the South Burlington Water Department had noted in his initial comments that the FFEs for both newly proposed single-family homes are above the maximum elevation that can be supplied from the Dorset Street water storage tank and meet the minimum water pressure of 35 PSI. However, the applicant testified that the proposed homes will both be served by the Vermont National Country Club water distribution system which utilizes the VNCC water booster pump station to elevate the pressures for those lots located at the highest portions of the VNCC property and will not be directly served by the gravity service from the Dorset Street water storage tank. As such, the Board finds this criterion met as it pertains to purpose of potable water supply. The Superintendent of the South Burlington Water Department reviewed the plans on 7/19/2023 and offered thirteen comments, some of which were specific to this project and some of which were general requirements applicable to all development subject to SBWD review. The Board finds that the applicant shall comply with those ongoing conditions and make the required plan edits. C. Fire Protection The subdivision must be laid out to ensure that adequate fire protection can be provided in accordance with City specifications. a) Subdivision layout and design must also comply with applicable City and state public safety and fire codes in effect at the time of application, including standards for minimum separation distances between structures, street width, water flow and pressure, fire hydrant installation, sprinkler systems, and emergency vehicle access. b) Fire hydrants connected to the municipal water system must be located and designed to meet City specifications, as recommended by the Department of Public Works and City Fire Marshal. For a subdivision that is not connected to the municipal system, the DRB may require the subdivider to install hydrants, fire ponds or other measures necessary to provide adequate fire protection, as recommended by the Fire Marshall. The Fire Marshal reviewed the plans on 7/18/2023 and offered comments which the applicant adequately addressed. D. Stormwater Facilities The applicant must demonstrate that stormwater management system serving the subdivision has been designed to meet City standards and specifications under Article 13 of these regulations and the South Burlington Ordinance Regulating the use of Public and Private Sanitary Sewerage and Stormwater Systems. The South Burlington Stormwater Superintendent reviewed the plans on 7/1/2023 and offered comments which the applicant adequately addressed. E. Utilities and Services. #SD-23-11 F. Street and Sidewalk Lighting. The Board finds that, because the project does not affect the existing roadway, these standards are not applicable to this project. G. Renewable Energy Facilities The applicant must demonstrate that, to the extent physically feasible, reasonable, and as appropriate to its development context, the subdivision has been designed to incorporate best practices that maintain access to and use of renewable energy resources, e.g., to include one or more of the following as indicated on subdivision plans and plats: (1) Street and building lots that are oriented to maximize solar access and gain, for passive solar construction or rooftop solar installations. (2) Parking lots or structures that are designed and constructed to accommodate electric vehicle infrastructure, including charging stations and solar canopies or rooftop solar installations. (3) One or more suitable open areas (“solar lots”) within the subdivision that are specifically designated for a ground-mounted community or neighborhood solar installation. (4) Solar access easements, as necessary to maintain solar access across adjoining building lots or properties. (5) Covenants, deed restrictions or other legal mechanisms that require “solar-ready” construction within the subdivision. The Board finds that the proposed lot configuration does not adversely affect the ability of the proposed homes to maximize solar access and gain. C) PUD & GENERAL PUD STANDARDS 15.C.04 PUD Standards Applicable to All PUD Types A. Conformance with the Comprehensive Plan The proposed PUD must conform to the City’s Comprehensive Plan in effect at the time of application. Conformance with the plan in this context means that the proposed PUD must: 1) Advance any clearly stated plan policies and objectives specific to the type and location of the proposed development; 2) Incorporate preferred settlement patterns, including future land uses, densities and intensities of development referenced in the land use plan, as implemented through planned unit development provisions specific to each PUD type. 3) Incorporate, as applicable, planned facilities, services and infrastructure identified in the utilities and facilities plan, as implemented under the City’s adopted Capital Improvement Program (CIP) and Official Map. The proposed subdivision constitutes an amendment to an existing PUD, not a newly proposed PUD. The Board finds that the proposed amendment to the existing PUD does not affect the existing PUD’s level of conformance with the City’s Comprehensive Plan. B. Conformance with the Master Plan Each phase of a PUD developed in one or more phases must conform to the PUD Master Plan, as approved or amended by the DRB under Article 15.B, including the approved development plan, phasing schedule, buildout budget, management plan, and any associated development agreements or conditions of master plan approval. #SD-23-11 As noted above, the proposed subdivision constitutes an amendment to an existing PUD. The existing PUD was developed without a Master Plan, as that was not required at the time this PUD was originally approved. As such, there is no Master Plan with which this proposed subdivision must conform, so this criterion is not applicable to this project. C. Compliance with Regulations The provisions and standards specific to a PUD under this Article supersede underlying zoning district, subdivision, and site plan standards. In no case, however, shall the provisions or standards specific to a PUD supersede the Environmental Protection Standards of Article 12. Notwithstanding the supersession of the underlying zoning district, subdivision, and site plan standards, any application that indicates a density increase that exceeds the Assigned Density of a parcel shall require a TDR under Article 19. The applicant is not proposing any impacts to Natural Resources or Environmental Hazards beyond those detailed below under Section 12.03 regarding Steep Slopes. The applicant is proposing a density increase that exceeds the Assigned Density of this parcel but is using a TDR, as required by this criterion and governed by Article 19. As such, the Board finds this application to comply with the relevant regulations and considers this criterion met. D. Development Density E. Transition Zone F. Allowed Uses G. PUD Dimensional Standards H. Street, Building, and Civic Space Types I. Solar Siting Preferences J. PUD Design Standards As an amendment to an existing PUD, and not a newly proposed PUD, the seven standards above are not applicable to this project. 15.C.07 General PUD A. Authority and Limitations B. General PUD Description, Purpose, and Characteristics C. Applicability A General PUD is an allowed PUD type in the following circumstances: 1) Within the underlying zoning districts listed in Table 15.C-1 for General PUD. 2) For amendments to General PUDs approved under this Section. 3) For minor amendments to existing PUDs reviewed and approved under the LDRs in effect until November 10, 2021, the final subdivision approval for which has not expired, regardless of zoning district. a. An amendment shall be considered “minor” if it does not significantly alter the overall intent or scale of the PUD, or the relationship of the approved PUD to its surroundings. A minor amendment may incorporate additional land not in the PUD as previously #SD-23-11 approved, but only to the extent that the additional land does not cause the PUD to exceed other requirements of this section. The Board finds the proposed subdivision of one 1.29-acre lot with a previously approved PUD into two lots to be a ‘minor amendment’ to that PUD, as per the language of this criterion. As such, a General PUD is an allowed PUD type, as per this criterion. D. Conformance with PUD Standards In addition to the specific standards under this Section, all standards in Section 15.C.04 shall also apply. Application and review process for a General PUD is governed by Section 15.C.03. See 15.C.04 above for discussion of all relevant standards of that Section. E. Context For planning and design purposes, “Planning Area” is defined as the area within ¼-mile of the lot or parcel to be developed, as measured from the lot line or delineated PUD boundary. F. General PUD Compatibility and Context Analysis 1) Compatibility. PUD compatibility with the Planning Area, as determined from a detailed analysis of the Development Context, shall be a primary consideration in General PUD project design, and for DRB review and approval. 2) “Development Context” is defined to include: a. The prevalent or recurring pattern and form of development within the Planning Area, including established street grid and streetscape elements, blocks, lots, buildings and yard areas, civic spaces, and parking arrangements, and b. The character of the Planning Area, as defined by: i. The planned character of an area planned for redevelopment by the City as identified in the Comprehensive Plan; ii. Approved, to-be-built or recently built (within ten (10) years) development projects in the Planning Area; iii. Any updates to the underlying zoning district(s) in the Planning Area within the preceding ten (10) years; or iv. Zoning district purpose statements, allowed uses, and district-specific development standards. c. Current zoning purpose statements, uses, and standards only if the DRB finds there is no relevant information under 15.C.07(F)(2)(a) or (b)(i) through (b)(iii), or the DRB finds that there is a clear, established neighborhood street, block, and lot pattern. The Development Context for this project includes the subject PUD, the Planning Area to the south along Medalist Drive, and the Planning Area to the north including an approved 14-unit PUD. This area is primarily developed in a suburban form featuring detached single family homes and duplexes. Some of the structures are on footprint lots while others are on lots between 0.29 and 0.82 acres in size. This area of the City is identified as a lower-intensity development area. The Board finds that the proposed amendment to the PUD will maintain continuity with the identified Development Context. #SD-23-11 3) Context Analysis. The applicant must submit a written Analysis of the Development Context within the Planning Area, which, at minimum, includes the information required for Master Plan review under 15.B.04(C) and: a. Hazards, and Level I and Level II Resources regulated under Article 12. b. Prevalent pattern of land subdivision and development in the Planning Area, as defined by block lengths; lot size and front lot line lengths; front, side, and rear setbacks; building height and coverage; and existing parking arrangements. c. Streetscape elements, including the placement, orientation, and spacing of buildings along the street, existing and planned sidewalks, and existing or planned landscaping, street furniture, and lighting. d. Building types and styles, including any prevalent or character-defining architectural features. The applicant has not provided a formal context analysis. The Board finds that no formal context analysis is necessary since the proposed project constitutes a minor amendment to the PUD and therefore does not affect the context of the PUD or of the greater Planning Area. As such, the Board hereby waives this requirement for the applicant to provide a Context Analysis as part of this application. G. General PUD Dimensional Standards 1) Relevant subdivision, site plan, zoning district, and applicable overlay district dimensional standards shall form the basis of the design of a General PUD and shall apply unless modified, reduced, or waived by the DRB under (2) below. a. The DRB must find an application meets the requirements of 15.C.07(G)(2) in order to modify, reduce, or waive Site Plan requirements using 14.04(A)(3), Site Plan application requirements using 14.05(G), Subdivision requirements using 15.A.01(B)(3), Scenic Overlay District requirements using 10.02(I)(2), (J), and/or (K). b. The DRB has authority to allow alternative compliance under 15.C.04(C)(3). c. Height restrictions may be modified, reduced, or waived as allowed in underlying zoning districts identified in 3.07(D)(2) by the DRB under (2) below. The standards of review in 3.07(D)(2) shall apply. d. The DRB cannot modify, reduce, or waive standards as listed in 15.C.07(A)(3). As discussed above, the applicant is requesting waiver of 15.A.16.C(9), a standard requiring lots to have a width to depth ratio of at least 1:1. 2) In response to the existing or planned Development Context in the Planning Area, the DRB may modify, reduce, or waive one or more applicable dimensional standards as necessary to: a. Accommodate reductions in the available area associated with infill or redevelopment, that result in insufficient acreage to meet applicable dimensional standards; or b. Allow for more creative and efficient subdivision and site layout and design that advances the purposes of the underlying zoning district and/or the goals of the Comprehensive Plan, particularly in response to existing site limitations that cannot be eliminated; or #SD-23-11 c. Ensure that the pattern and form of proposed development is compatible with existing or planned Development Context in the Planning Area determined under 15.C.07(F) and to Transition Zone standards in 15.C.04(E); or d. Allow for greater energy efficiency, use of alternative energy, green building design, or otherwise furthering of the South Burlington City Council’s Resolution on Climate Change dated August 7, 2017. The Board grants the applicant the requested waiver from 15.A.16.C(9). 3) Context shall be determined by the existing or planned Development Context in the Planning Area under Section 15.C.07(F). H. Development Density 1) Development Density regulations and definitions included in Section 15.C.04(D) shall apply to General PUDs. 2) Development density within a General PUD is determined by maximum development density in the underlying zoning district, except as follows. a. Density can be re-allocated within the PUD area within single zoning districts; b. Additional density may be achieved through either or both Inclusionary Zoning and application of Transferrable Development Rights where specifically authorized by and as regulated by Section 18.01 or Article 19. As discussed above, the applicant is proposing to purchase one (1) TDR to increase the allowable density of the parcel in question to allow for the development of two single- family homes on their own lots. The applicant must follow all standards on Article 19 governing the sale, purchase, and application of TDRs. 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 15.C.07(G). The applicable standards are addressed herein. 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). Street and block patterns are discussed under 15.A.16 above. 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). The Board finds this criterion not to be applicable. 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 form and design of the proposed buildings is discussed under 14.06 below. The associated building lots are discussed in 15.A.16 above and 13.17 below. #SD-23-11 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(C)(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. The proposed amendment to an existing PUD involves the subdivision of one private lot into two private lots to be developed with detached single-family homes and yard space. The minimum required amount of civic space for residential developments of fewer than ten units is 100 square feet per unit. The applicant has identified 100 square feet of private yard space on each lot which satisfies this criterion. 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 proposed amendment to an existing PUD includes the removal of one existing single-family home and the construction of two new single-family homes, for a net gain of one dwelling unit. As noted under 15.A.17 above, the Board finds no specific restriction on dwelling unit types or architectural features beyond those specified in 13.17 Residential Design for New Homes and those specified under Section 14.06(B)(1) in this decision to be appropriate for this project. D) SITE PLAN & CONDITIONAL USE REVIEW STANDARDS 14.06 General Review Standards A. 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. The DRB shall consider the following: (a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. The applicant is proposing to adhere to existing front and side yard setbacks for the two proposed single-family homes and is not proposing to add any landscaping features as part of this application. The City Arborist reviewed the plans on 7/19/2023 and offered comments which the applicant adequately addressed. (b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building foundations relate to the site’s topography and grade. #SD-23-11 The proposed buildings’ orientation to the street and relationship to the existing buildings in the PUD is discussed in 15.A.16 above and 13.17 below. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. (e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of these regulations. The Board finds that the applicant must demonstrate compliance with this standard prior to issuance of a Zoning Permit. B. 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. The provided elevations and landscaping plan demonstrate that the proposed single-family homes will be of relatively similar architectural style to one another and to the adjacent homes on Foulsham Hollow Road. As such, the Board finds no ‘attractive transitions’ need to be provided as per this section, since the proposed and existing buildings are not shown to be of different architectural styles. The Board notes that the elevations are merely concepts. Although the conceptual elevations may meet the relevant criteria at this stage of review, they are technically non-binding and therefore could be modified in such a way to reduce compliance with the relevant criteria. Based on discussion with the applicant, the Board finds the applicant must include the following characteristics in the proposed single-family homes: • On Lot 6A, the northern proposed lot, the applicant is committing to constructing a two- story single-family home with a dark roof, a ridge line running east-west, a front porch facing south, a recessed garage façade, and a private yard area of at least 100 square feet. • On Lot 6B, the southern proposed lot, the applicant is committing to constructing a two- story single-family home with a dark roof, a varied roofline, a front porch facing Foulsham Hollow Road, a rear porch facing Dorset Street, a garage façade facing north, a private yard area of at least 100 square feet, and appropriately balanced glazing on the western façade that deviates no more than 15% from the amount of glazing shown on the western façade in the conceptual elevation for that façade. The Board finds that the applicant must demonstrate inclusion of all of the above characteristics prior to the issuance of a Zoning Permit for the corresponding lot. 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. 3) To accomplish (1) and (2), the DRB shall consider: a. Pattern and Rhythm. Update or maintain or extend the overall pattern of development defined by the planned or existing street grid, block configurations, position and orientation of principal buildings, prevalence of attached or detached building types. #SD-23-11 As discussed in 15.C.07.F above, the proposed amendment to the PUD fits well in the Planning Area and local development context of the existing PUD and surrounding neighborhood. The proposed subdivision will extend the overall pattern of development to include two new lots of typical size for the area, to be developed with buildings of a use and form that is typical for the area. The Board finds that the proposed orientations of the new structures are in line with the existing pattern and rhythm of this area. b. Architectural Features. Respond to recurring or representative architectural features that define neighborhood character, without adhering to a particular architectural style. The proposed homes both are both shown on the conceptual elevations as two-story single family homes with pitched dark shingle roofs and attached multi-car garages, like the other homes on the street. The Board finds that by inclusion of all building and lot characteristics enumerated under 14.06.B(1) above, the proposed homes will be of a similar massing and form to one another and to the other homes on Foulsham Hollow Road. c. Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and back yard areas through context sensitive design. The proposed home on Lot 6B has only one immediate neighbor (Lot 6A to the north) and is proposed to be separated from that home by a parking area and a shared driveway. The home on Lot 6A is proposed to be roughly 15 feet higher in elevation that the home on the lot to the east. The regulations do not require screening between single family homes. However, per discussion during public comment, the Board encourages the applicant to work with the adjacent property owner to provide mutually agreeable screening. C. Site Amenity Requirement 1) Sites are required to include a specific minimum area for appropriate Site Amenities. This section does not apply to projects within the City Center FBC District (which are governed by Section 8.08). 2) Applicability. Applications for the following shall be required to provide Site Amenities: a. Any non-residential development over 5,000 SF. b. Additions or expansions exceeding 5,000 SF for existing non-residential structures. c. Any residential development, including conversion of non-residential structures to residential use. This application constitutes residential development and therefore requires provision of a Site Amenity. This requirement and options for meeting it are addressed in 15.C.07.I(5)(b) above. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Environmental Protection Standards All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. #SD-23-11 As discussed under 15.C.04.C above and 12.03 below, the applicant is not proposing any impacts to Natural Resources or Environmental Hazards. As such, the Board finds the relevant aspects of this criterion to be met. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. The relevant standards that apply to the design of the two proposed lots are comprehensively addressed throughout this Findings of Fact & Decision – as such, the Board finds this criterion to be met. C. Access and Circulation. D. [Reserved for Transportation Demand Management (TDM)] E. Building Form. F. Streetscape Improvements. G. Access to Abutting Properties. The Board finds these criteria not applicable to this two-lot PUD amendment. H. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met. All utility connections to the two new single-family homes proposed to be constructed are shown as being underground. As such, the Board finds this criterion to be met. I. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, 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). Small receptacles intended for use by households or the public (i.e., non-dumpster, non-large drum) shall not be required to be fenced or screened. No dumpsters or other stationary exterior waste receptacles are proposed as part of this application. The Board finds this criterion to not be applicable. E) OTHER APPLICABLE STANDARDS 12.03 Steep Slopes F. Exemptions 1) Removal of Earth Products. Steep slopes and very steep slopes created by an approved removal of earth products use shall be exempt from the regulations of Section 12.03. 2) Environmental Restoration Projects. Environmental Restoration Projects are exempt from the regulations of Section 12.03. 3) Shoreline Restoration Projects. Projects with the primary purpose of restoring the shoreline of a lake, river, or stream through installation of vegetation and other methods that do not #SD-23-11 include the installation of structures (e.g., retaining walls), are exempt from the regulations of Section 12.03. The subject property has an area of ‘very steep slopes’ that was created by a previously approved grading activity – as such, this area of ‘very steep slopes’ is exempt from the standards of this section. 13.17 Residential Design for New Homes C. Standards. 1. Building Orientation. Residential buildings must be oriented to the street, to an approved civic space, or to a courtyard. Primary entries for single family and multi- family buildings must face the street, civic space, or courtyard. Secondary building entries may open onto garages and/or parking areas. Buildings should be oriented to maximize living space and windows to the south, east and west. Residential buildings should orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of the regulations. The building on Lot 6B is proposed to face the cul-de-sac portion of Foulsham Hollow Road. The east façade of that building will include a front door and entry porch oriented to the cul-de-sac portion of Foulsham Hollow Road, while the north façade will include a side-loaded garage that abuts the driveway & parking area to the north. The building on Lot 6A is also proposed to face the cul-de-sac portion of Foulsham Hollow Road and will have a front loaded garage along with a front door and porch on its southern façade. The Board finds that the proposed orientation of the homes is acceptable and in compliance with this criterion. 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. Residential buildings with rear facades that orient towards a public recreation path should employ rear porches, balconies, or other features to enhance their architectural detail. The applicant has provided sample elevations for the home proposed to be constructed on Lot 6B that include a rear entrance, a rear porch, and several windows along the west façade that faces Dorset Street. The applicant has not provided a sample elevation of the south façade, which faces the straight portion of Foulsham Hollow Road – that façade will be screened from the street via the retention of existing coniferous trees. The north façade of the home proposed to be constructed on Lot 6A includes a rear entrance and a deck and is proposed to be screened via the retention of an existing hedgerow. The sample elevation for the west façade of that home has very few architectural details or windows – however, that façade is proposed to be screened from Dorset Street via the retention of an existing hedgerow. In order to ensure compliance with this criterion, the applicant must include all building and lot characteristics enumerated under 14.06.B(1) prior to issuance of a Zoning Permit. 3. Placement of Garages and Parking. For garages with a vehicle entrance that faces a front lot line, the face of the garage that includes the vehicle entrance must be set back a minimum of eight feet (8’) behind the front façade of a single or two-family dwelling. For buildings containing three or more dwelling units, the requirements of Section 14.06A shall apply. #SD-23-11 This criterion is proposed to be met. The Board affirmatively requires compliance with this criterion in its decision for this application. a) The DRB or Administrative Officer 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 face of the garage that is oriented to the street is no more than eight feet (8’) in front of the front façade of the house. b) Rear alleys are encouraged for small lot single-family houses, duplexes and townhouses. Rear alleys do not appear to be feasible for the proposed lot configuration. As such, the Board finds that this criterion does not apply to this project. 4. Garages as percentage of front façade. Front-facing garages that are part of a principal building shall not exceed 40% of the linear width of the building’s front façade. The sample elevation of the home proposed to be constructed on Lot 6A appears to be just below this limit, with the garage taking up 39.94% of linear width of the front façade. The applicant has not provided front elevations for the home proposed to be constructed on Lot 6B, but that garage is proposed to be side-facing, and therefore is exempt from this criterion. The Board affirmatively requires compliance with this criterion in its decision for this application. 18.03 Housing Preservation If an existing home is to be removed, Section 18.03 requires a replacement home be constructed & restored to residential use within two years of demolition of the existing home. The applicant has indicated that they intend to complete construction on the proposed single-family home on Lot 6A within two years of demolishing the existing single-family home on the lot. The applicant is aware of the penalties that may apply should the single-family home on Lot 6A not be finished until more than two years after the demolition of the existing single-family home. The standards of this section do not apply to the proposed single-family home of Lot 6B. DECISION Motion by Dawn Philibert, seconded by John Moscatelli, to approve final plat application #SD-23-11 of Casey Douglass, 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 plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Prior to issuance of a Zoning Permit, the plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. Correct the callout for the outlet structure (DMH#1 Control Structure) on Sheet C2.0 to match the outlet structure details shown on Sheet C4.2. b. Provide a preservation plan for the existing landscape features with an increased level of detail and with certain written specifications, as per the template tree preservation plan provided by the City Arborist. c. Provided the following note on all relevant plan sheets and detail pages: “All water lines and appurtenances shall be installed in accordance with the Champlain Water District #SD-23-11 Specifications and Details for the Installation of Water Lines and Appurtenances, current edition, henceforth CWD Specifications.” 4. A digital PDF version of the full set of approved final plans as amended must be delivered to the Administrative Officer before recording the mylar. 5. 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. 6. The plat must be recorded prior to zoning permit issuance. 7. The zoning permit must be obtained within six (6) months of this decision with the option for requesting a one (1) year extension as allowed in LDR 17.04. 8. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit. 9. The applicant must demonstrate that the proposed homes adhere to the following characteristics prior to issuance of a zoning permit: a. The proposed homes must meet the coverage, height, and setback standards of the Southeast Quadrant – Neighborhood Residential zoning. b. The proposed homes must be oriented as proposed and described in 13.17C(1) of this decision. c. The proposed homes must have rooflines that are oriented to maximize solar gain potential. d. The proposed home on Lot 6A must be two-story single-family home with a dark roof, a ridge line running east-west, a front porch facing south, a recessed garage façade, and a private yard area of at least 100 square feet. e. The proposed home on Lot 6B must be a two-story single-family home with a dark roof, a varied roofline, a front porch facing Foulsham Hollow Road, a rear porch facing Dorset Street, a garage façade facing north, a private yard area of at least 100 square feet, and appropriately balanced glazing on the western façade that deviates no more than 15% from the amount of glazing shown on the western façade in the conceptual elevation for that façade. 10. The pump station proposed to serve Lot 6B shall remain privately owned. 11. The City does not own the wastewater, stormwater, or street infrastructure in the subject PUD and therefore cannot authorize the applicant to tie into the existing infrastructure. The applicant must demonstrate that they have permission, in form and substance satisfactory to the City Attorney, from the owner(s) of the wastewater, stormwater, and street infrastructure to tie into those systems prior to issuance of a Zoning Permit. 12. The applicant must obtain a ROW Permit from the Department of Public Works prior to starting any work in the Dorset Street right-of-way owned by the City. 13. The applicant must comply with all ongoing conditions and requirements of the South Burlington Water Department, including those referenced under 15.A.18(B)(6) in this decision. 14. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. #SD-23-11 15. 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. 16. 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. Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present John Moscatelli 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 6 - 0 - 0. Signed this ____ day of September, 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 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 180 Market 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.