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HomeMy WebLinkAboutCU-24-03 - Decision - 1780 Dorset StreetCU-24-03 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ALLYSON M. BOLDUC TRUST AND VINCENT L. BOLDUC TRUST 1780 DORSET STREET CONDITIONAL USE APPLICATION #CU-24-03 FINDINGS OF FACT AND DECISION 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. The Development Review Board held a public hearing on April 16, 2024. Vince Bolduc and Bryan Currier represented the applicant. Based on testimony provided at the above-mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking conditional use 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. 2. The owners of record of the subject property are Allyson M. Bolduc Trust and Vincent L. Bolduc Trust. 3. The subject property is located in the Southeast Quadrant Natural Resource Protection Zoning District (SEQ-NRP) 4. The application was received on March 22, 2024. 5. 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. 6. 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. 7. The property is also fully within a habitat block. 8. The plan submitted is titled, “Bolduc Parcel Overall Plan”, was prepared by O’Leary-Burke Civil Associates, PLC, dated 1/25/24. 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. CU-24-03 The applicant has proposed a layout for the lot, which the Board understood 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 the Board shall 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. (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. CU-24-03 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; The purpose statement is excerpted under Section 9.01 above. After discussion with the applicant, the Board finds that the location of the proposed building envelope must be shifted twenty feet in order to be flush with the northern property line, thereby reducing the driveway length by twenty feet. With this modification, the Board finds the proposed building envelope represents the least impact to the healthy forest communities on the subject property. (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. (iii) be minimized in size to reflect and implement the purposes of this zoning district. The Board approves the proposed 0.7 acre building envelope as minimally sized in this instance and finds this criterion met. (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. The Board finds that, pending the shift of the building envelope twenty feet to the north, the access drive is successfully minimized in length. (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. CU-24-03 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. • 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. The applicant provided a plan sheet identifying how the approach described above was applied to the subject property. The Board finds this criterion met. (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. The Board finds 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. CU-24-03 (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. As noted above, the building envelope must be shifted 20 feet north to be flush with the northern property line of the subject lot, providing an easily identifiable boundary on one side of the proposed clearing area. Additionally, the building envelope corners shall be “squared off” and brought to 90-degrees to facilitate enforcement of the building envelope. 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 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, the Board finds 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. 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. CU-24-03 (4) Bylaws and ordinances then in effect. Consistency with the land development regulations is described in this document. The Board finds 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 The Board finds that the applicant shall comply with the erosion prevention and sediment control standards of Article 16, including those pertaining to maximum permitted time for earth disturbance prior to stabilization. DECISION Motion by John Moscatelli, seconded by Charlie Johnston, to approve conditional use application #CU- 24-03 of Allyson M. Bolduc Trust and Vincent L. Bolduc Trust, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning as conditioned herein. 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. The location of the proposed clearing must be shifted twenty feet north in order to be flush with the northern property line of the subject lot b. The corners of the proposed clearing must be “squared off” and brought to 90-degrees 4. Prior to issuance of the zoning permit, the applicant shall demonstrate that dimensional standards pertaining to building height are met. 5. The zoning permit must be obtained within six (6) months of this decision; with the option of requesting a one (1) year extension as allowed in LDR 17.04. 6. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 8. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 and the grading standards set forth in Section 16.04 of the South Burlington Land Development CU-24-03 Regulations, including Section 16.03.B(1), which states that “when land is exposed during development, the exposure should be kept to the shortest practical period of time”; and that “areas of disturbance must have temporary or permanent stabilization within 21 days of initial disturbance”. 9. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer as allowed by the Land Development Regulations. John Moscatelli Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Charles Johnston Frank Kochman Yea Yea Nay Nay Abstain Abstain Not Present 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 6 - 0 - 1. Signed this ____ day of May, 2024, 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.