HomeMy WebLinkAboutSD-24-11 - Supplemental - 0252 Autumn Hill Road #SD-24-11
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CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SD-24-11_252 Autumn Hill Rd_Bolduc_PP_FP
DEPARTMENT OF PLANNING & ZONING
Report preparation date: July 10, 2024
Application received: June 4, 2024
252 Autum Hill Road – Allyson M. Bolduc Trust & Vincent L. Bolduc Trust
Preliminary & Final Plat Application #SD-24-11
Meeting Date: July 16, 2024
Owner/Applicant
Allyson M. Bolduc Trust & Vincent L. Bolduc Trust
252 Autumn Hill Road
South Burlington, VT 05403
Engineer
O’Leary Burke
13 Corporate Drive
Essex Junction, VT 05452
Property Information
Tax Parcel IDs: 0085-00252
Lot size: 16.46 ac
Southeast Quadrant Neighborhood Residential Transition &
Natural Resource Protection
Location Map
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PROJECT DESCRIPTION
Final plat application #SD-24-11 of Allyson and Vincent Bolduc to subdivide an existing 16.46 acre
lot developed with a single family home and accessory structures into two residential lots of 2.0
acres and 14.46 acres, retain the existing single family home and accessory structures on the 14.46
acre lot, and construct a duplex on the 2.0 acre lot, 252 Autumn Hill Road.
CONTEXT
This existing single family home lot is located in the SEQ-NRT and SEQ-NRP zoning districts and is
largely encumbered by wetlands, wetland buffers, and habitat block. Improvements to this lot
require master plan approval, with a limited allowance for a one-time carve out of no more than
two (2) acres without master plan approval. This carve out is the route the applicant has chosen to
pursue.
Development of this lot is also impacted by Act 47 and bill H.687, which changes the limitations a
municipality can place on development so that a duplex is permitted to the same dimensional
standards as a single family home, and multifamily buildings up to four units must be permitted in
areas served by municipal water and sewer.
The related sketch plan application was reviewed by the Board on April 16, 2024.
COMMENTS
Development Review Planner Marla Keene and Director of Planning and Zoning Paul Conner,
hereafter referred to as Staff, have reviewed the plans submitted by the applicant and offer the
following comments. Numbered comments for the Board’s attention are in red.
The application is subject to zoning district and dimensional standards and subdivision standards,
the general regulations of Article 3 and the supplemental regulations of Article 13.
A) ZONING DISTRICT AND DIMENSIONAL STANDARDS
SEQ-NRP & SEQ-NRT
Zoning District
Required Existing Proposed Lot 1 Proposed Lot 2
# Min. Lot Size 2 9,500 sf 16.44 ac2 1.98 ac 14.46 ac
√ Max. Building Height 28 ft pitched
roof
Unknown Unknown
@ Max. Building Coverage 20% 0.5% 0% 0.6%
@ Max. Overall Coverage 40% 2.5% 0% 3.7%
(1) Min. Front Setback 20 ft
(1) Min. Side Setback 10 ft
(1) Min. Rear Setback 30 ft
1. Staff recommends the Board include a condition that the development on each of the proposed
lots meets the dimensional standards of the Southeast Quadrant – Neighborhood Residential
zoning district and update their application to provide setback information for the existing lot
and for the proposed lot 2.
2. The applicant has reported the lot size is 16.46 acres, but the total of the proposed lots from the
provided subdivision plat is 16.44 acres. Staff recommends the Board require the applicant to
correct the other plans and application materials to reflect correct lot sizes, including the
computations derived therefrom.
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B) PLANNED UNIT DEVELOPMENT
15.C.02 Applicability
C. Required Planned Unit Development.
PUD review and approval by the DRB under this Article is required for any subdivision and
development of a tract or parcel with a total area of four (4) or more acres within any zoning
district listed for CON PUD and TND PUDs under Table 15.C-1. General PUDs are not mandatory
in any district.
As a 16.44 acre parcel in the SEQ-NRT and SEQ-NR, a conservation PUD is required by this provision
except as provided for in the section below.
15.C.05 Conservation Development
C. Applicability.
(1) A Conservation PUD is required for the subdivision and development of a tract or parcel
of four (4) or more acres within the following Southeast Quadrant Sub-Districts, as shown
on the map entitled “Official Zoning Map”: SEQ -NR, SEQ-NRT, and SEQ-NRN.
(a) Within these SEQ Sub-districts, for a tract or parcel in existence as of November 10,
2021 that is more than four (4) acres in total area; one “carve out” of no more than
two (2) acres under applicable subdivision and zoning district regulations may be
allowed before a Conservation PUD will be required, as long as the remaining,
retained tract or parcel within one or more of the above-listed sub-districts is a
minimum of four (4) acres, as required for subsequent development as a
Conservation PUD.
This provision is applicable to the proposed subdivision: the carve out is proposed to be 1.98
acres and the remaining lands will be 14.44 acres. Under this provision, no further review of
Conservation PUD or other PUD criteria are required. The remainder of this document
addresses the applicable overlay, subdivision, and zoning district regulations.
C) ENVIRONMENTAL PROTECTION STANDARDS
The subject property is encumbered by habitat block, Class II wetland, and Class II wetland buffer.
Class II wetlands and buffers are considered hazards, while habitat block is considered a Level 1
resource.
12.04 Habitat Block Overlay District
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:
The applicant has reported that of the 16.44 acre lot, 13.66 acres, or 83% is located within hazards or
level 1 resources.
(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.
30% of the 16.44 acre parcel is 4.93 acres.
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;
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• 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 has provided a chart on sheet 1 indicating that 2.78 acres is not a hazard or
level 1 resource. The applicant is therefore permitted to re-designate an additional 2.15
acres of Habitat Block. Only lands that are encumbered by habitat block and not by other
resources may be re-designated as buildable area, by virtue of this criterion being
embedded within the habitat block standards.
Lands eligible for redesignation are roughly highlighted in pink in the below screenshot.
The applicant has proposed to re-designate 0.62 acres of land that is not characterized by
a preponderance of mature trees. The majority of this 0.62 acres is within the 100-ft
wetland buffer, therefore it is not eligible for re-designation.
3. Staff recommends the Board require the applicant to modify the proposed area to be
redesignated as Buildable Area to be within the area highlighted in pink above, prioritizing
first areas that are not within the treeline, and second, areas that are outside the core habitat
block defined as areas within 100 meters (328 feet) of the edge of the habitat block. Staff
anticipates this area will permit most of the proposed roadway to remain, but require the
development parcel to be modified. Staff recommends the Board require the applicant to
show the line between core and non core habitat block on the plans to permit the Board to
evaluate their revised proposal.
In May 2024, the applicant obtained conditional use approval #CU-24-03 on the adjacent
lot. Staff notes that approval included only an indication that the utilities to the approved
development area be accessed through the subject parcel; no approval for the road was
given. While Staff is not opposed to providing access to the adjacent lot, Staff considers
access must be consistent with the applicable LDR.
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(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.
(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.
This provision is important because only the land within the excluded area may be
developed in any manner. Details are discussed below.
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.
Staff calls the applicant’s attention to these three prohibitions, which will apply to all use of
lands outside of the lands approved for exclusion from the habitat blocks.
(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.
4. The applicant has not proposed any demarcation. Staff recommends the Board require the
applicant to physically demark the limits of the approved exclusion area with a split rail fence,
especially where it is irregularly shaped.
(e) Supplemental planting and landscaping with appropriate species of vegetation to achieve
the objectives of this Section is permitted.
H. Development within Habitat Blocks.
The encroachment of new development activities into, and the clearing of vegetation, establishment of
lawn, or other similar activities in Habitat Blocks is prohibited. However, the DRB may allow the
following types of development within a Habitat Block pursuant to the standards contained herein:
(1) Restricted Infrastructure Encroachment, pursuant to Section 12.02 and the following supplemental
standards:
If the Board is not able to permit re-designation of the habitat block where the roadway is proposed, Staff
considers the road may be eligible for Restricted Infrastructure Encroachment as “public and Private
Driveway crossings designed to cross Hazards, Level I Resources, and Level II Resources (e.g.,
designed to minimize disturbance of the subject natural resources)” (Type B4), “for purposes
of providing safe access in accordance with City roadway and connectivity standards to an
approved use” (Criteria C6).
(a) The facility shall be strictly limited to the minimum width necessary to function for its intended
purposes;
The Fire Marshal provided the following comments on the proposed driveway on June 18, 2024.
As these proposed structures are more than 150’ off the public road. In order to be
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compliant with the minimum requirements NFPA 1- Chapter 18, the following shall
apply:
- The private drive shall be widened and capable of supporting >60,000 lbs. apparatus
- Minimum vegetation clearance from the improved drive way centerline shall be
maintained at 10 feet in width on either side of the center line, to the minimum height
of 13 feet 6 inches to allow emergency vehicles unfettered access to the structures.
- The road to the single family with the ADU, shall have an appropriate fire apparatus
turn around at its terminus
- All new dwellings shall install a fire protection sprinkler system.
5. Regardless of the permitting pathway for the road, Staff recommends the Board require the
applicant to modify the plans to comply with the comments of the Fire Marshal, and permit the
Fire Marshal to review the revised plans, prior to closing the hearing.
(b) The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum width
necessary for the facility to function for its intended purposes (street tree requirements shall
not apply in these areas). Street lighting shall be prohibited in these areas except as necessary
to meet State or Federal law; and,
Staff considers the minimum vegetation clearing shall be 10-ft to a height of 13 ft 6 inches on
either side of the center line, as specified by the Fire Marshal above. Staff recommends the
Board include this limitation as a condition of approval.
(c) Appropriate measures shall be taken to promote safe wildlife passage, including the reduction
or elimination of curbs, reduced speed limits, and/or signage altering users, and underpasses
or culverts.
Given the proposed utilization of this roadway, Staff considers no additional measures to
be necessary.
Additional standards for Restricted Infrastructure Encroachment are found in 12.02E. Staff
recommends, if the permitting pathway for the road is Restricted Infrastructure Encroachment, the
Board direct the applicant to provide specific written responses to each of the standards of
12.02E(1) and (2) for Board review.
12.06 WETLAND PROTECTION STANDARDS
The applicant has identified Class II wetlands and the associated 100-ft buffers on their plans.
Development within the Class II wetland or buffer is generally prohibited, except as a
redesignation pursuant to 12.6E(2) above. The applicant is not proposing wetland or wetland
buffer impacts except as within the redesignation area.
D) 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
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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;
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 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.
As noted above, Staff recommends the Board require physical demarcation of the wetland and
habitat block boundaries adjacent to the development area.
(2) Buildable Area
(a) The land area within a Habitat Block that is excluded from the Habitat Block through an
exchange of land, an exclusion intended to provide relief from associated standards, as
approved by the DRB under Section 12.04 (Habitat Block Overlay District), or relocation of a
Habitat Connector as approved by the DRB under Section 12.05 (Habitat Connector Overlay
District) may be included in the “Buildable Area” as defined above for purposes of subdivision
and development, and the calculation of development density.
6. Staff recommends the Board require the applicant to provide a specific value for Buildable Area
once the above questions pertaining to the habitat block re-designation are resolved.
(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.
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This criteria is superseded by the carve-out provision of 15.C.05
C. Development Context
1) Overlay Districts. The subdivision must also meet applicable overlay district standards
under Article 12.
Overlay districts applicable to this lot include natural resource protection districts
discussed under Article 12 above.
2) Multiple Districts For the subdivision of land located in more than one zoning district, the
district regulations specific to that portion of the subdivision within each zoning district
shall apply, except as specified for a Planned Unit Development under Article 15.C.
This is a lot located in multiple districts, but the subdivision is proposed only in the SEQ-
NRT therefore compliance with this criterion is not a concern.
3) Compliance with Other Regulations . Subdivisions, including building lots, dwelling units,
and supporting facilities and infrastructure, must also be designed, configured, and
constructed to comply with other relevant standards under these Regulations and other
city ordinances and standards in effect at the time of application, including those listed
below.
• Official Map, adopted under 24 V.S.A. § 4421
There are no official map features affecting this parcel.
• Capital Improvement Program, adopted under 24 V.S.A. § 4430
The Deputy Director of Capital Projects indicated on 7/9/2024 they did not have any
comments on the proposed project.
• Department of Public Works Standards
The Director of Public Works reviewed the provided plan on June 19, 2024 and offers the
following comments.
• The proposed project must be constructed in accordance with South Burlington
DPW Standards and Specifications.
• Any work in a City owned ROW requires the applicant to obtain a ROW permit
before proceeding.
• The applicant should specify what infrastructure is proposed to be eligible for
future City ownership.
o The water line would be private and not owned by the City since this will
not be a city street. The applicant must provide the city access to the
water shut offs that are located outside the City ROW for operation. All
water lines and appurtenances would remain the responsibility of the
owner. The applicant should update the plans.
o Confirm that the sewer line will remain private until it connects with the
City owned system.
If not already done, I recommend that the applicant should
consider and plan for failure of the existing septic system
now. Do not limit ability to easily send wastewater to Windswept
Lane system in the future.
o The City plows public roads and will need a location to push snow where
the road becomes private. Please identify a location on the plans.
7. Staff recommends the Board require the applicant to update the plans to address the
infrastructure comments and identify a snow management strategy acceptable to the
Department of Public Works.
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• Fire Prevention and Safety Ordinance
Comments of the Fire Marshal are provided above.
• Water and Cross Connection Ordinances
The South Burlington Water Department Director reviewed the plans on June 18, 2024 and
offers the following project specific comments. Additional boilerplate comments are
provided in the packet for the Board.
1. A saddle tap shall be used when connecting the proposed 2” water service to the
existing water main.
2. Exploratory excavation must be performed to confirm that there is a cap with thrust
block on the end of the existing water main that will be tapped for the new service.
3. Copper shall be used between the existing water main and a new 2” curb stop
installed in accordance with the CWD Specifications.
4. CTS tubing may be used beyond the curb stop. Tracer wire shall be required in
accordance with the CWD Specifications.
5. The 2” water service line and all appurtenances shall be considered private and the
responsibility of the property owner.
6. The South Burlington Water Department will require an easement to each curb stop
outside of the City ROW for access only. Maintenance and repairs are the
responsibility of the property owner.
7. The customers connected to the proposed 2” line may be subject to water quality
degradation due to the length of the service line that will connect to an existing dead-
end main. The SBWD will only be able to flush up to the last hydrant on Windswept
Lane to aid in improving water conditions. Use of the fire hydrant on Windswept
Lane will result in significant pressure fluctuations and the risk of discolored water on
the proposed 2” service line.
8. Connection fees, allocation fees, meter and backflow requirements in accordance
with the City of South Burlington Water Ordinance shall apply to this project.
9. If the ADU will have a separate water meter, then a separate curb stop shall be
required for the ADU and SFR.
Staff considers no specific action is necessary to respond to these comments.
• Sanitary Sewer and Stormwater Ordinance
The City Stormwater Section reviewed the provided plans on July 3, 2024 and offers the
following comments.
The Stormwater Section has reviewed the “Bolduc Parcel” site plan prepared by O’Leary-
Burke Civil Associates, dated 5/24/24 and last updated on 6/3/24. We would like to offer the
following comments:
1. This project is located in the Muddy Brook watershed.
2. As the project proposes to increase impervious onsite to more than one-half acre of
impervious surface, the project is subject to the requirements of section 13.05 of the
LDRs.
3. The following application requirements listed in 13.05(C) are missing and should be
provided:
a. A plan showing the drainage area being captured by the proposed
stormwater treatment practice, as well as soil types/hydrologic soil groups
b. A brief written description of the proposed stormwater treatment
4. The provided HydroCAD modelling does not include the 25-year storm. Please
provide this analysis in accordance with Section 13.05(C)(6) of the LDRs.
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5. The HydroCAD model shows stormwater exiting the gravel wetland through the 1-yr
orifice during the WQv storm, thus not meeting the WQv standard for extended
detention.
6. The pipe invert out of the outlet structure of the gravel wetland is at 359.0. This
means that the permanent pool will be at 359.0 and that the wetland soil will be
entirely saturated. Is it possible to lower the invert of the pipe out of the outlet
structure?
7. Per the Vermont Stormwater Management Manual, pretreatment swales with a
slope greater than 5% must utilize check dams. Please include a check dam at the
curve of the proposed drive, where the slope is greater than 5%.
8. Please confirm the separation distance of each of the sewer/stormwater pipe
crossings.
9. Is the proposed gravel wetland sized such that it will be capable of treating any
proposed impervious on Lot 1?
10. How will any residence constructed on Lot 1 connect to the access from Windswept
Ln? The site plan shows the proposed pretreatment swale running along the entirety
of the western portion of the proposed driveway. Will the pretreatment swale be
shortened when the home for Lot 1 is constructed?
11. What is the elevation of the proposed 12-ft drive over the 18” culvert?
12. It is recommended that the outlet of the proposed 18” culvert be altered such that it
does not discharge onto the adjacent lot. The current configuration would cause
runoff from approximately 5.5 acres of land to be channelized and discharged
directly onto the adjacent lot, which is likely to cause erosion.
13. Is any inlet protection proposed for the yard drain within the pretreatment swale?
14. What will be the phasing of construction?
15. Will the proposed single-family home and ADU be guttered?
16. The DRB should include a condition requiring the applicant to regularly maintain all
stormwater treatment and conveyance infrastructure.
8. Staff recommends the Board require the applicant to address the above comments to the
satisfaction of the City Stormwater Section prior to closing the hearing.
• Impact Fee Ordinance
Impact fees will be calculated at the time of zoning permit application
• E-911 Ordinance
An address for development of the lot will be calculated at the time of zoning permit
application.
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
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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 applicant is proposing to access the development lot via Windswept Lane. Specific roadway
standards are addressed in 15.A.14.
15.A.12 Resource Protection Standards
A. Resource Protection.
The applicant must demonstrate that the proposed subdivision has been configured and laid out to:
(1) Incorporate significant natural, historical, and scenic features located on the parcel or tract to be
subdivided;
(2) Avoid and exclude Hazard and Level I Resources identified for protection under Article 12 from
parcelization, physical fragmentation, and development; and,
(3) Minimize and mitigate the adverse impacts of land subdivision and development on Level II
Resources identified for protection under Article 12.
Staff considers compliance with these criteria to be embedded in the discussion of Article 12
standards above.
15.A.13 Subdivision Design Process
A. Design Process.
These criteria pertain to design of street network and blocks. Staff considers them to be not applicable.
15.A.14 Street Network
No streets are proposed. Comments pertaining to the impacts of the proposed driveway on the
existing street are included in the Director of Public Works comments above.
15.A.15 Sidewalks, Bike Lanes, and Recreations Paths
Staff considers these criteria to be only applicable when streets are proposed or when the relevant
features are on the official map, therefore Staff considers these criteria to be not applicable.
15.A.16 Blocks and Lots
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:
(1) All proposed lots must be numbered, as shown on subdivision plans and plats.
This criterion is met.
(2) The arrangement and configuration of lots must allow for the further subdivision of any
remaining developable land on the tract or parcel to be subdivided. Where proposed
building lots exceed minimum lot area requirements, the DRB may require that such lots
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be configured and developed in a manner that allows for further subdivision and infill
development.
The remaining lands must be developed with a conservation PUD. Staff considers this
criterion met.
(3) Building or other lots for existing or planned public facilities or uses, including public parks,
as shown on the City’s Official map or proposed for dedication to the City, must be labeled
and shown as such on the subdivision plan and plat.
No such lots are proposed.
(4) Unless otherwise specified under these Regulations, a minimum of ten percent (10%) of
the total buildable area within the developed portion of any Major Subdivision exceeding
two acres in size must be allocated to functionally integrated civic space lots, as shown on
the subdivision plan and plat.
(5) The arrangement and configuration of building lots within the subdivision must be
consistent with the intended use, street type, and the planned pattern of development for
the Zoning District, Transect Zone or PUD type in which the subdivision is located,
including the existing or planned street and block network.
(6) All building lots must front on a public or private street, a designated civic space, or a
shared courtyard with pedestrian access to the abutting street.
Staff considers the carve out provision of 15.C.05 exempts this project from the above three
criteria.
(7) Building lots must be configured to comply with all relevant lot area, dimensional and lot
coverage requirements under these Regulations, including as appliable:
• Lot requirements under Section 3.05;
• Setback and buffer requirements under Section 3.06;
• Lot requirements specific to an allowed use under Article 14;
• Zoning district dimensional standards under Appendix C-2;
• Transect Zone Building Envelope Standards under Article 8;
• SEQ Subdistrict standards under Article 9; and
• PUD or Building Type standards under Article 15.C and Article 11.C.
Applicable sections of this criteria are discussed under zoning district standards above.
(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.
9. As indicated at Sketch, given the irregularly shaped lot, Staff recommends the Board require the
applicant to demonstrate how a home (or multifamily home, depending on the applicant’s
objectives) could be located with a reasonably sized cleared buffer and appropriate driveway
and parking areas in the buildable area.
(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:
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(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 lot is proposed to be rectangular in shape, though the buildable area is proposed to be
irregularly shaped.
(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.
The lot is proposed to be approximately 1:1.5 to accommodate physical site constraints.
Staff considers compliance with this criterion should be reevaluated when comments
pertaining to buildable area and habitat block re-designation have been addressed.
(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.
The front of the lot will be considered the north side. The sides will be the east and west
sides, and the rear will be the south side.
(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 parking lot redevelopment. Such lots must also be shown on subdivision plans
and plats submitted with the application.
Not applicable.
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.
Given the small number of homes proposed, Staff considers no specific restriction on dwelling unit
types or architectural features beyond those specified in 13.17 Residential Design for New Homes
to be appropriate for this subdivision.
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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:
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 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 new lot is proposed to connect to City water and wastewater.
6) Sufficient water system pressure must be maintained throughout the subdivision, to
serve all building lots and to provide for adequate fire protection.
Comments pertaining to sufficiency of the water system are provided above.
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.
Fire Marshal comments are above.
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
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and Stormwater Systems.
Comments of the City Stormwater Section are above.
E. Utilities and Services.
The applicant must demonstrate that subdivision design has been coordinated with utility
companies serving the proposed subdivision, as necessary for the DRB to determine that adequate
service capacity exists and that the areas identified for utility installation, on subdivision plans and
plat, meet the requirements of these Regulations.
(1) Utility connections must be provided to each building lot, and to other subdivision lots on
which service is necessary or required.
(2) Utilities must be located within street rights-of-way, or within permanent utility access and
maintenance easements identified on subdivision plans and plats.
(3) New electrical, natural gas, telephone, internet, cable television, and outdoor lighting systems
must be installed underground, unless prevented by ledge or other physical constraints that
make burying utility lines impractical.
(4) Utility lines or corridors must be located and designed in a manner that is compatible with the
extension of utilities and services to adjacent properties.
10. The relevant utilities are not shown. Staff recommends the Board require the applicant to modify
the plans to demonstrate compliance with these criteria.
F. Street and Sidewalk Lighting.
No street or sidewalk lighting is proposed.
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.
Staff considers that the proposed lot configuration does not adversely affect the ability of the
proposed homes to maximize solar access and gain.
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E) OTHER APPLICABLE STANDARDS
Staff notes the applicant must comply with the Heating and Service Water Heating Systems
Ordinance.
RECOMMENDATION
Staff recommends the Board work with the applicant to address the issues identified herein.
Respectfully submitted,
Marla Keene, Development Review Planner