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Home My WebLink AboutSD-24-14 - Supplemental - 0197 Autumn Hill Road (3)1 Marla Keene From:Paul Conner Sent:Tuesday, July 16, 2024 11:04 AM To:Marla Keene Subject:RE: SD-24-14 197 Autumn Hill Rd - technical review Hi Marla: For this two-acre carve-out, I am looking at this project through the lens of the subdivision regulations and the environmental protection standards. While this present sketch plan is under the current (2023) LDRs and therefore those re the applicable regulations, where applicable, I’m looking at the draft regulations before the Planning Commission as well. The PC’s hearing will be on 7/30/2024, after which they may advance the LDRs to the City Council for hearing and possible adoption. Wetlands. Nearly all of the propped 2-acre lot contains either a class II wetland or its 100’ buƯer. Section 15.A.11 [subdivisions] require the applicant to demonstrate that the land to be subdivided is physically suited for its intended use, including establishing a buildable area. The Buildable Area must exclude Hazards, which includes class II wetlands and their buƯers. 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. (2) Buildable Area. For purposes of these Regulations, including the platting of building lots and the calculation of the density or intensity of development allowed within a subdivision, “Buildable Area” is defined as the total area of the tract or parcel to be subdivided, less the area occupied by the following physical and legal site limitations or constraints: • “Hazards” as defined and regulated under Article 12, as indicated on sketch and Master Plans, and as field verified and delineated on preliminary and final subdivision plans and plats, • “Level I Resources” as defined and regulated under Article 12, as indicated on sketch and Master Plans, and as depicted on preliminary and final subdivision plans and plats, • Existing and planned street and railroad rights-of way, • Transmission line corridors or easements, except upon request of the applicant that it be designated as Buildable Area. [Note: the standards in the draft regulations 15.A.08 are substantially similar to (2) – Buildable area above.] Further, 15.A.12C requires that lots be configured to exclude Hazards and that such hazards, if they exceed the minimum lot size for the district, must be set aside on their own Conservation lot(s). D. Resource Protection Areas. Resource protection areas to be incorporated in subdivision layout and design include Hazards, and Level I and Level II Resources identified for protection and regulated under Article 12. … 2 (2) Contiguous Hazard and Level I Resource protection areas that exceed the minimum lot size must be set aside and identified on the subdivision plat, and in associated legal documents, as “Conservation Lots” to be maintained and managed in single or common ownership, or under a conservation easement held by the City or qualified third party, such as an established land trust. As a condition of subdivision approval, future subdivision of conservation lots shall be prohibited except where all land is being conveyed for conservation purposes, as also noted on the subdivision plat. [Note: the standards of the draft regulations – 15.A.09(2) are substantially similar to the above.] Section 12.06F(1) [Wetlands] authorizes redevelopment of previously impacted class II wetland buƯers upon an aƯirmative finding that from the DRB of three criteria being met. The subject site of the barn and associated lawn area are pre-existing development within the class II wetland buƯer. 12.06F(1) Types of Development. An applicant may request a modification, in writing, from the rules of this section for any development in the following areas only: … (b) Re-development of pre-existing gardens, landscaped areas/lawns, public infrastructure, structures, and impervious surfaces within a Class II wetland buƯer in any zoning district if; (i) The resulting total area of lands within the wetland buƯer that will be in a naturally vegetated condition is increased; (ii) The applicant submits an evidence-based professional opinion by a wetland scientist that the re-development will have a net positive eƯect on the health and functioning of the wetland; and (iii) The project results in no increase in total impervious surface within the Class II wetland buƯer. Reviewing all of the above together, I recommend the Board discuss the following options with the applicant: (a): applicant to prepare a plan under 12.06F(1) that includes identifying a “development area” between the Class II wetland and Dorset Street. Using this plan, the applicant prepare a revised boundary for the proposed lot that most logically protects the wetland and remaining buƯer pursuant to Section 15.A.11 and 15.A.12C. As the balance of the property contains hazards, existing development, and development area, I recommend the Board include a condition that any future subdivision of the 197 Autumn Hill lot meet the criteria of 15.A.12C. (b) applicant prepare a plan that carves out 2 acres from the eastern portion of the property instead of 2 acres from the western portion. A future applicant would be responsible for idenfyfing development areas on the western lot in this scenario. Access: I recommend that the subdivision reduce the property to one (1) access at this time, to be proposed by the applicant, until and unless future development is proposed on the site. Paul Conner, AICP Director of Planning & Zoning City of South Burlington 180 Market Street, South Burlington, VT 05401 3 (802) 846-4106 www.sbvt.gov Notice - Under Vermont’s Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Marla Keene <mkeene@southburlingtonvt.gov> Sent: Monday, July 15, 2024 1:31 PM To: Paul Conner <pconner@southburlingtonvt.gov>; Tom DiPietro <tdipietro@southburlingtonvt.gov>; Marisa Rorabaugh <MRorabaugh@southburlingtonvt.gov>; Erica Quallen <equallen@southburlingtonvt.gov>; Terry Francis <tfrancis@southburlingtonvt.gov>; Casey Follensbee <cfollensbee@southburlingtonvt.gov>; Jay Nadeau <jay.nadeau@champlainwater.org> Subject: SD-24-14 197 Autumn Hill Rd - technical review Hi folks, The Ruggieros have submitted two sketch plan application to subdivide their lots. This email pertains to the FRONT lot. The proposal is to subdivide the existing lot, and sell the newly created front lot to the next door lot to the north (1700 Dorset St). While this application has nothing to do with sale of the lot to the lot next door, I wanted to bring it to your attention. They do have the right to create this new lot. The questions in my mind pertain to access and use, given that the existing curb cuts have long since been abandoned and the “barns” aren’t currently habitable structures. The Board will review this application on Aug 6. Please provide comments by Friday July 26. Draft project description: Sketch plan application #SD-24-14 of Christoper & Janet Ruggerio to subdivide an existing 13.5 acre lot developed with two barns, a single family home, and accessory shed into two lots of 1.9 acres containing the two existing barns (Lot 1) and 11.6 acres containing the existing single family home and shed (Lot 2), 197 Autumn Hill Rd. Application Folder: SD-24-14_197 Autumn Hill Rd_Ruggerio_SK_2024-08-06 Thanks, Marla Keene, PE Development Review Planner City of South Burlington 180 Market Street South Burlington, VT 05403 (802) 846-4106 www.southburlingtonvt.gov 4 Notice - Under Vermont’s Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation.