HomeMy WebLinkAboutCU-24-03 - Supplemental - 1780 Dorset StreetCITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
CU-24-03_1780 Dorset St_Bolduc_SC_2024-04-16.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: April 10, 2024
Application received: March 22, 2024
1780 Dorset Street - Allyson M. Bolduc Trust & Vincent L. Bolduc Trust
Conditional Use Application #CU-24-03
Meeting date: April 16, 2024
Applicant/Owners
Allyson M. Bolduc Trust & Vincent L. Bolduc Trust
252 Autumn Hill Road
South Burlington, VT 05403
Engineer
O’Leary Burke
13 Corporate Drive
Essex, VT 05452
Property Information
Tax Parcel ID: 0570-01800
6 acres
Southeast Quadrant Natural Resource Protection Zoning
District (SEQ-NRP)
PROJECT DESCRIPTION
Conditional use application #CU-24-03 of Allyson M. Bolduc Trust & Vincent L. Bolduc Trust to
develop a single family home and accessory dwelling unit on 0.70 acres of an existing 6 acre lot
located entirely within the Southeast Quadrant Natural Resource Protection zoning district, 1780
Dorset St.
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CONTEXT
The Board is concurrently reviewing a sketch plan review for subdivision (via carve-out) of the adjacent
property to the north, owned by the same property owners. The subject property is currently
undeveloped and is located within the Natural Resource Protection zoning district, which places strict
limits on what development can take place. The property is also fully within a habitat block.
COMMENTS
Development Review Planner Marla Keene and Director of Planning and Zoning Paul Conner have
reviewed the plans submitted on March 22, 2024 and offer the following comments. Numbered items for
the Board’s attention are in red.
A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
SEQ NRP Zoning District Required
Min. Lot Size 9,500 SF
Max. Building Coverage 20 %
Max. Overall Coverage 40 %
Min. Front Setback 20 ft.
Min. Side Setback 10 ft.
Min. Rear Setback 30 ft.
Max Height, pitched roof 28 ft.
The applicant has proposed a layout for the lot, which Staff has assumed is intended to be conceptual
and not a specific proposal. The proposed building envelope will result in the dimensional standards
being met, with the exception of building height, which Staff recommends the Board require the
applicant to demonstrate at the time of zoning permit application for development on the lot.
9.01 Purpose
A Southeast Quadrant (SEQ) District is hereby formed in order to encourage open space preservation,
scenic view and natural resource protection, wildlife habitat preservation, continued agriculture, and
well-planned residential use in the approximately 3,200-acre area of the City shown on the Official
Zoning Map as the Southeast Quadrant. The natural features, visual character and scenic views offered
in this area have long been recognized as very special and unique resources in the City and worthy of
protection. The design and layout of buildings and lots are intended to create pedestrian-oriented
neighborhoods while supporting the continued functions of natural resources Any uses not expressly
permitted are hereby prohibited, except those which are allowed as conditional uses.
9.12 SEQ-NRP
A. Any land that lies within a SEQ-NRP sub-district may only be developed in the following
manners:
(1) Subdivision and/or conveyance to the City of South Burlington or to a qualified land trust as
dedicated open space.
(2) Subdivision and construction of a dwelling unit(s) pursuant to Section 9.12(B) or (C) below;
(3) Development 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.
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(4) Additions or alterations to existing structures, and new or altered accessory structures and lot
coverage subject to the requirements of Section 9.12(D) below.
The applicant is proposing construction of a dwelling unit pursuant to 9.12B.
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 dwelling units, subject to conditional
use review and the following supplemental standards:
(1) Where the lot is less than fifteen (15) acres in size, the Development Review Board may permit no
more than one (1) single family dwelling unit, and only where:
The applicant is proposing a single family home and accessory dwelling unit. All single family homes are
permitted one accessory dwelling unit, provided the conditions of 3.11 are met, including but not limited
to the lot being owner-occupied, the accessory dwelling unit not exceeding 30% of the habitable area of
the principal dwelling unit, and the accessory dwelling unit be clearly subordinate to the single family
home. Demonstration of compliance with the conditions of 3.11 is required at the time of application for
zoning permit.
(a) The portion of the lot in any other (non-NRP) SEQ sub-district is insufficient to accommodate
the construction and use of a single family dwelling unit in compliance with these Regulations;
The lot is entirely within the SEQ-NRP.
(b) Standards of Section 9.12(D) are met.
These standards are immediately below.
D. Supplemental Design and Conservation Standards.
Where development is permitted in accordance with this section, the following supplemental design
standards shall apply:
(1) For a newly subdivided lot, principal building, or use:
(a) A building envelope that encompasses all areas to be used for principal and accessory
buildings, patios or decks, parking areas, lawn or other recreational amenities such as tennis
courts, pools, etc. must be established shown on a plan.
The applicant has shown a building envelope on a plan.
The building envelope must:
(i) be located on the site in a manner that represents the least impact on the purposes of this
District;
1. The purpose statement is excerpted above. The applicant has not made any statement as to why
they believe the proposed building envelope represents the least impacts on the purposes of this
District. Staff recommends the Board ask the applicant to demonstrate why the proposed
building envelope is the least impactful. For instance, why does locating the building envelope
slightly east of the extension of Windswept Lane have less natural resource impact than locating
it directly south of it? Why was the specific size chosen, and would it be less impactful to be
smaller or in a different location? How are the specific characteristics of the SEQ district
protected by the proposed building envelope?
(ii) exclude all Hazards and Level I Resources except as specifically approved in accordance with
applicable standards of Article 12; and,
Article 12 standards are discussed below.
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(iii) be minimized in size to reflect and implement the purposes of this zoning district.
2. Staff recommends the Board discuss whether, based on the applicant’s response to (i) above, the
building envelope should be sized at 0.7 acres, keeping in mind that the minimum lot size in the
zoning district, even before adjustments to comply with Act 47, is 9,500 sf (0.22 acres).
(b) Access drives shall be minimized in length except as needed to avoid impacts to Hazards, Level
I, and Level II Resources, other resources identified for conservation, or other physical or legal
constraints on the parcel. Utility service components, such as transformers and amplifiers, may
be installed at ground level where such accords with standard industry practices.
3. Staff considers the access drive to be minimized in length, but considers that the circular drive
increases the area necessary for the building envelope and recommends the Board consider
requiring the applicant to provide a straight driveway to reduce the building envelope size.
(2) For pre-existing land with no established building envelope, any addition to structures, impervious
surfaces, or amenities that exceed more than 1,000 s.f., in the SEQ-NRP subdistrict, cumulatively,
from the date of adoption of these regulations, shall be required to establish a building envelope
pursuant to subsection (1). The DRB may adjust the maximum size of a building envelope to
accommodate pre-existing conditions.
The nature of the building envelope is discussed above.
12.04 Habitat Block Overlay District
A. Purpose.
With the main goals of identifying habitat resources that meet the needs of a wide variety of wildlife
species and provide opportunities for some species to access several habitat areas, the City engaged a
consultant to conduct a City-wide habitat assessment. The “City of South Burlington Habitat Block
Assessment & Ranking 2020” prepared by Arrowwood Environmental, LLC, locates and ranks certain
contiguous forested areas and adjacent unmanaged shrubby areas of old field, young forest and
unmanaged wetlands. Based on the information in that report, the City has designated certain areas
permanently as Habitat Blocks. It is the purpose of the Habitat Block Overlay District standards to
avoid undue adverse effects from development on these resources, promote the natural succession of
vegetated areas of native vegetation in order to support wildlife habitat and movement, promote
carbon sequestration, filter air, and increase infiltration and base flows in the City’s streams and Lake
Champlain.
E. Substantially-Habitat Block-Covered Lots.
A lot containing a combination of Hazards and Level I Resources exceeding seventy (70) percent of the
total lot area is eligible for relief from Habitat Block standards in the following manners:
(1) As a Conservation Planned Unit Development, subject to the standards of Section 15.C.05; and,
(2) The applicant is entitled to re-designate a portion of the Habitat Block, to allow for thirty (30)
percent of the total parcel area as Buildable Area. The applicant shall provide a proposed
redesignation to the Development Review Board with land designated as, and added to, the
parcel’s Buildable Area in the following order:
First: Land not a Hazard or Level I Resource;
Second: Land that is not characterized by a preponderance of mature trees;
Third: Land within Habitat Blocks, excluding Core Habitat Block Areas or areas which would
sever a Habitat Connector.
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Fourth: Land within Habitat Blocks, avoiding Core Habitat Block Areas to the greatest extent
possible;
(a) Calculation: Land shall be selected from first to fourth. If all applicable land on the lot from
one category is designated as Buildable Area, and the allotment of thirty (30) percent of the
total parcel area has not been reached, then land from the next category shall be selected.
4. As laid out in concurrent sketch plan application #SD-24-04 for the adjacent lot, Staff
recommends the Board require the applicant to provide a map showing how this approach has
been applied for this property, including indication of areas selected under each of the above
four selection criteria.
(b) Special Circumstances: Where the DRB finds that designation of land as Buildable Area
pursuant to the priority order above is in conflict with the purposes of this section, or where
it finds that strict adherence to the priority order does not allow for a unified PUD consistent
with the purposes or intent of these regulations, it may approve modifications to the land
selected. Any such modifications shall be minimized in terms of land area and changes to,
or reordering, the priority order.
Staff considers no such exception to be appropriate in this case. There do not appear to be
areas that are inconsistent with the purpose of this section outside of the prioritization above,
and the applicant is not proposing a PUD.
(c) Any land excluded from Habitat Blocks regulated under this subsection and redesignated as
Buildable Area shall remain subject to all other provisions of these Regulations.
F. Standards for Habitat Block Protection.
(1) General Standards. Except as specifically exempted pursuant to Subsections 12.04(G)(1) and (2)
below, approved by the DRB pursuant to subsection 12.04(G)(3) below, or modified in accordance
with Section 12.04(D) above, all lands within a Habitat Block must be left in an undisturbed,
naturally vegetated condition. Specifically:
(a) The clearing of trees and understory vegetation is prohibited except as specified in this section.
(b) The creation of new lawn areas is prohibited.
(c) Snow storage areas are prohibited.
(d) Habitat Blocks must be clearly indicated on all plans and demarked as such. Any building
envelopes shall not contain any land located within Habitat Blocks.
(e) Supplemental planting and landscaping with appropriate species of vegetation to achieve the
objectives of this Section is permitted.
5. These standards apply to the area outside the building envelope. In order to facilitate
compliance with (a), (b), and (c), Staff recommends the Board consider requiring the applicant to
modify the building envelope to have easily measurable dimensions, right angles, and be tied to
permanent reference markers established in the field.
B) CONDITIONAL USE CRITERIA
Pursuant to Section 9.12B of the South Burlington Land Development Regulations, the single family home
shall be reviewed as a conditional use and shall meet the following standards of Section 14.10(E):
14.10(E) 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
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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.
Windswept Lane is served by municipal water and sewer. The applicant is proposing to connect to those
through the adjacent 16.46 acre parcel. While it is likely that this lot will be defined to be outside the
Water and Sewer Service Area required to be established by Act 47, Staff considers that designation to
have no impact on the project’s ability to connect to existing infrastructure, and considers this project will
have no adverse effect upon community facilities.
(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 “specifically stated policies and standards of the municipal plan” is statutory language which refers
to the LDR and City Plan. The purpose of the SEQ district is stated above. This property is located in an
area that is in a transition between a neighborhood type development and conserved lands. The City
Plan future land use is between Principally Conservation & Open Space and Principally Residential,
Lower Scale. Goal #84 for Principally Conservation & Open Space is to allow for landowners to make use
of their land with limited conservation, agricultural, renewable energy development and/or very limited
residential use. Goal #74 for Principally Residential: Low Scale is to maintain and invest in vibrant,
diverse, walkable, primarily-residential neighborhoods with community focal points, neighborhood-scale
limited commercial sues, parks, transit, and other amenities. Staff considers this criterion met.
(3) Traffic on roads and highways in the vicinity.
Staff considers this project will have no adverse effect on traffic on roads and highways in the vicinity.
(4) Bylaws and ordinances then in effect.
Consistency with the land development regulations is described in this document. Staff considers the
project consistent with other applicable bylaws.
(5) Utilization of renewable energy resources.
This project will not affect renewable energy resources.
C) OTHER
South Burlington City Code
City ordinances applicable to this application include South Burlington City Code Chapter 38 Article III
(Water System), Article IV (Sanitary Sewer and Stormwater Systems), Article IV (Heating and Service
Water Heating Systems). The applicant is advised they are required to demonstrate compliance with
these and all other applicable ordinances at the time of zoning permit application.
Article 16 Construction & Erosion Control Standards
Staff recommends the Board include a condition requiring compliance with the erosion prevention and
sediment control standards of Article 16, including those pertaining to maximum permitted time for
earth disturbance prior to stabilization.
RECOMMENDATION
Staff recommends the Board work with the applicant to address the issues identified herein
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Respectfully submitted,
Marla Keene, Development Review Planner