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HomeMy WebLinkAboutSD-24-11 - Decision - 0252 Autumn Hill Road #SD-24-11 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ALLYSON M. BOLDUC TRUST & VINCENT L. BOLDUC TRUST – 252 AUTUMN HILL ROAD FINAL PLAT APPLICATION #SD-24-11 DRAFT FINDINGS OF FACT AND DECISION 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. The Development Review Board held a public hearing on July 16, 2024 and August 6, 2024. Vince Bolduc, Allyson 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 project consists of 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. 2. The owners of record of the subject property are Allyson M. Bolduc Trust & Vincent L. Bolduc Trust. 3. The application was received on June 4, 2024. 4. The project is located in the Southeast Quadrant - Neighborhood Residential Transition Zoning District and the Southeast Quadrant – Natural Resource Protection zoning districts and Habitat Block Overlay and River Corridor Overlay Districts. 5. The application is subject to zoning district and dimensional standards, subdivision standards, the general regulations of Article 3, and the supplemental regulations of Article 13. 6. 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 overlay district. 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. 7. Development of this lot is also impacted by Act 47 and Act 181, which change 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 on the same size lot as a single family home in areas served by municipal water and sewer. 8. The related sketch plan application was reviewed by the Board on April 16, 2024. 9. The plans submitted consist of: Sheet # Sheet Title Prepared By: Date Last Revised 1 Overall Plan O’Leary-Burke 08/04/2024 2 Site Plan O’Leary-Burke 08/04/2024 3 Water & Sewer Details O’Leary-Burke 07/24/2024 4 Roadway & Storm Details O’Leary-Burke 07/26/2024 #SD-24-11 2 5 EPSC Plan O’Leary-Burke 07/24/2024 PL1 Subdivision Plat O’Leary-Burke 07/24/2024 A) ZONING DISTRICT AND DIMENSIONAL STANDARDS A) SEQ-NRP & SEQ-NRT Zoning District Required Existing Proposed Lot 1 Proposed Lot 2 Min. Lot Size 2 9,500 sf single family home, 12,000 sf duplex, 6,000 sf per unit multifamily 16.44 ac2 0.74 ac 15.70 ac Max. Building Height 28 ft pitched roof Unknown 28 ft 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 Unknown 20 ft Unknown (1) Min. Side Setback 10 ft Unknown 10 ft Unknown (1) Min. Rear Setback 30 ft Unknown N/A Unknown 1. On July 16, the applicant indicated they had provided the existing and proposed setbacks on the revised plans. However they appear to have only provided this information for the proposed carve-out lot. The Board finds the standard setbacks to apply to the existing lot and to the retained lot and accepts the information as provided. 2. Act 47 and Act 181 require multifamily buildings up to 4 units to be permitted on the same size lot as a single family home, therefore the effective minimum lot size is 9,500 sf. 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 #SD-24-11 3 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; • 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. The applicant has proposed to re-designate a 0.24 acre area of land that is not characterized by a preponderance of mature trees and outside the wetland buffer shown in orange on the provided Overall Plan, and a 1.10 acre area of land that is characterized by mature trees but is outside of the Core Habitat Block Areas shown in yellow on the provided Overall Plan. Pursuant to 15.A.12D, lands that are within the wetland, wetland buffer, and non-excluded habitat block must not be subdivided except where necessary to meet minimum lot size. #SD-24-11 4 (1) Subdivision boundaries and lot lines must be located and configured to avoid or, where deemed necessary by the DRB, to minimize the subdivision, parcelization, and physical fragmentation of resources located on contiguous parcels, and on the tract or parcel to be subdivided. (4) A building lot may extend or encroach within a delineated resource protection area only to the extent necessary to meet minimum lot size or frontage requirements for the zoning district in which the lot is located. The applicant has proposed subdivision lines which result in 4,914 sf of wetland buffer in Lot 1, while the remainder of the wetland and buffer is included in Lot 2. As noted above, the minimum lot size for a single family home up to a fourplex is 9,500 sf. The applicant has proposed a 0.74 acre lot, or 32,234 sf. Therefore the Board finds the subdivision of the wetland to be unnecessary and finds the applicant must modify the proposed subdivision to remove the wetland from the proposed lot, and update the project plans and plat accordingly. To foster the creation of a easily measurable lot, the north-south segment of the western lot line shall be shifted to the east to exclude the western wetland buffer encroachment, and the northern wetland buffer encroachment shall be excluded by drawing a tangent connecting the northeast most proposed lot corner, the northwest wetland buffer, and the relocated western lot line. These modifications shall result in the lot being shaped, from north to south, as a triangle stacked on a rectangle stacked on a trapezoid. (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 modification of designation of land as Buildable Area to be necessary. (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. These three prohibitions 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. The applicant has proposed demarcation of the wetland buffer using pole-mounted bird houses spaced 30-ft on center. The Board finds the demarcation must be maintained in good repair in perpetuity. #SD-24-11 5 (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: The Board approves construction of the roadway under re-designation of the habitat block, therefore review under this section is not required. (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, The Board finds 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 below. (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, the Board finds no additional measures to be necessary. 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 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: #SD-24-11 6 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. This criterion prohibits subdivision of land that is unsuited for development, and is substantiated by 15.A.12A below. (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. The applicant has indicated there are 4.12 acres of buildable area after habitat block re- designation. (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. 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. #SD-24-11 7 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. The applicant provided responses on July 19, 2024 and on July 19, 2024 the Director of Public Works indicated that their only outstanding comment was as follows. • We accept services at the point of connection, so we will consider the sewer service private until the point when it connects to the existing manhole (with rim elevation 363.3') on Windswept lane. Alternatively, you could install a manhole where the reducer is located and we would accept the system at that location. The Board finds the above comment to be incorporated as a condition of approval. • Fire Prevention and Safety Ordinance Fire Marshal comments are provided below. • 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 #SD-24-11 8 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. The Board finds the applicant must comply with the comments of the Water Department Director • Sanitary Sewer and Stormwater Ordinance The City Stormwater Section reviewed the provided plans on July 3, 2024, and the updated plans on July 26, 2024. The applicant made final modifications to the plans on July 26, 2024, and the City Stormwater Section indicated on July 29, 2024 that they had no further comments. • 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 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; The Board finds this criterion not applicable. (2) Avoid and exclude Hazard and Level I Resources identified for protection under Article 12 from parcelization, physical fragmentation, and development; and, The Board finds this standard would not apply to excluded habitat block areas. (3) Minimize and mitigate the adverse impacts of land subdivision and development on Level II Resources identified for protection under Article 12. #SD-24-11 9 The Board finds this criterion not applicable. B. Applicability. Resource protection standards under this section apply to all subdivisions of land, unless modified by the DRB in accordance with resource-specific allowances under Article 12 and the following: (1) The DRB may modify or waive a resource protection standard under this section within a Transect Zone Subdivision or a Planned Unit Development only as necessary to achieve or maintain the planned type and pattern of development and to allow for the logical extension of supporting facilities, infrastructure, and services. The applicant is not proposing a transect zone subdivision or planned unit development therefore this criterion is not applicable. (2) Notwithstanding a subdivision waiver or modification, proposed subdivisions shall comply with all other applicable resource protection standards under these Regulations, including any requirements for on- or off-site impact mitigation. Necessary plan edits are discussed below. The Board finds on or off site mitigation to be unnecessary. 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. (1) Subdivision boundaries and lot lines must be located and configured to avoid or, where deemed necessary by the DRB, to minimize the subdivision, parcelization, and physical fragmentation of resources located on contiguous parcels, and on the tract or parcel to be subdivided. The Board finds there to be no reason to permit subdivision or parcelization of the wetland and wetland buffer or remaining habitat block. (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. As a carve-out, the Board finds conservation of the resource protection areas to be unnecessary at this time. The Board finds the applicant must modify the subdivision plat to identify the resource protection areas on the plat. (3) Hazard and Level I resource protection areas must be excluded from the calculation of Buildable Area. Building lots and building envelopes are prohibited within these areas, except as necessary to accommodate resource-dependent facilities (e.g., water and wastewater treatment facilities, public or community recreation facility), as specified under Article 12, or as allowed under this subsection. This criterion has been addressed and is discussed above under 12.04E above. (4) A building lot may extend or encroach within a delineated resource protection area only to the extent necessary to meet minimum lot size or frontage requirements for the zoning district in which the lot is located. The Board finds lot size and frontage requirements are met without encroachment as modifed above. #SD-24-11 10 (5) A building lot may incorporate a Hazard, Level I, or Level II resource area that is less than the required minimum lot size; however, in this case the DRB may require the delineation of a building envelope that excludes the delineated resource area, as shown on the subdivision plat and pinned on the ground, as necessary to limit the siting of buildings, other structures, and parking areas to the developable portion of the lot. Not applicable (6) Encroachments within resource protection areas, including transportation and utility corridors, are limited to those allowed, subject to DRB review and approval, under Article 12, The Board finds no encroachments beyond the habitat block exclusion discussed above to be permitted. (7) A resource protection area may be improved to serve as green infrastructure (e.g., for stormwater management or flood control), or as a public amenity serving the subdivision, consistent with applicable standards under Article 12, to the extent that this does not interfere with its critical natural functions or intended use. No green infrastructure improvements are proposed. 15.A.13 Subdivision Design Process A. Design Process. These criteria pertain to design of street network and blocks. The Board finds them to be not applicable. 15.A.14 Street Network These criteria are largely not applicable. The only applicable criteria of this section are below. E. Access and Circulation. The applicant must demonstrate that the street network is arranged to meet applicable access management, traffic, and pedestrian circulation standards under these Regulations, including criteria for site plans under Article 14, Transect Zone Subdivisions under Article 8, or a type of Planned Unit Development under Article 15.C; and, for state highways, VTrans Access Management Program Guidelines in effect at the time of application. Unless otherwise specified under these Regulations, the street network, including the location and arrangement of streets, must be designed to: (9) Minimize vehicular access points (curb cuts) to abutting properties and building lots along pedestrian-oriented street frontage; and provide, where physically feasible, shared vehicular access to frontage and other abutting building lots via rear alleys, side streets, service lanes, shared driveways, or rear cross connections between adjoining parcels. The applicant has shown on their subdivision plat that the access easement across Lot 2 for the benefit of Lot 1 does not actually touch Lot 1. The Board finds the applicant must reconfigure the easement by shifting it west so that there is actual access to Lot 1, and update the lot area, buildable area, and habitat block exclusion area computations accordingly. 15.A.15 Sidewalks, Bike Lanes, and Recreations Paths The Board finds these criteria to be only applicable when streets are proposed or when the relevant features are on the official map, therefore the Board finds these criteria to be not applicable. #SD-24-11 11 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 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. The Board finds 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. The Board finds 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 #SD-24-11 12 required open space areas, site drainage, utilities, or other improvements required under these Regulations, including site plan standards under Article 14. The Board finds this criterion met. (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. While none of the specific exceptions apply, the Board modifies this standard requiring generally rectangular lot lines due to the physical site limitations created by the wetland and habitat blocks as permitted under 15.A.01B(3). (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. The Board finds this criterion met. (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. #SD-24-11 13 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 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: 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. The Fire Marshal provided the following comments on the proposed driveway on June 18, 2024. #SD-24-11 14 Applicant responses were provided on July 18, 2024 and are embedded in green below. As these proposed structures are more than 150’ off the public road. In order to be 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 The driveway is 14’ wide and meets the minimum clearance of 10’ from centerline on each side. The driveway will be capable of supporting >60,000 lbs. - 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 driveway is 14’ wide with 8’ swales on each side, therefore we are proposing 14’ clearance from centerline which is greater than the required minimum of 10’. - The road to the single family with the ADU, shall have an appropriate fire apparatus turn around at its terminus A fire turnaround has been incorporated at the end of the proposed driveway, mirroring the dimensions of the existing turnaround at the end of Windswept Lane. Additionally, pull-off areas measuring 20 feet in width and 20 feet in length have been added every 150 feet. One of these pull-offs coincides with the driveways serving the duplex lot, so we propose using these driveways as a pull-off. - All new dwellings shall install a fire protection sprinkler system. Understood. A 2” municipal service is proposed to the 6-acre lot. 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. 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. Utility connections are shown on the provided plan. The Board finds the utility lines shall be modified as need to be collocated within the revised access easement as conditioned above. F. Street and Sidewalk Lighting. No street or sidewalk lighting is proposed. #SD-24-11 15 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. E) OTHER APPLICABLE STANDARDS The applicant must comply with the Heating and Service Water Heating Systems Ordinance. DECISION Motion by Charlie Johnston, seconded by Dawn Philibert, to approve Final Plat Application #SD-24-11 of Allyson M. Bolduc Trust & Vincent L. Bolduc Trust, 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 plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Prior to recording the mylar, the plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. The north-south segment of the western lot line shall be shifted to the east to exclude the western wetland buffer encroachment, and the northern wetland buffer encroachment shall be excluded by drawing a tangent connecting the northeast most proposed lot corner, the northwest wetland buffer, and the relocated western lot line. These modifications shall result in the lot being shaped, from north to south, as a triangle stacked on a rectangle stacked on a trapezoid. b. Modify the subdivision plat to identify the resource protection areas on the plat. c. Reconfigure the access easement on Lot 2 by shifting it west so that there is actual access to Lot 1, and update the lot area, buildable area, and habitat block exclusion area computations accordingly. d. Update utility lines as needed to be collocated with the revised access easement conditioned above. #SD-24-11 16 4. Any changes to the final plat plan will require approval of the South Burlington Development Review Board or the Administrative Officer as allowed by the Land Development Regulations. 5. A digital PDF version of the full set of approved final plans as amended must be delivered to the Administrative Officer before recording the final plat plans. 6. The plat plan (Sheet P1) must be finalized, stamped, and signed, and 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. 7. The plat must be recorded prior to zoning permit issuance. 8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 9. 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. 10. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 11. Wetland demarcation must be maintained in good repair in perpetuity. 12. The applicant shall maintain minimum vegetation clearing of 10-ft to a height of 13 ft 6 inches on either side of the center line of the driveway. 13. The sewer shall be considered private until the point where it connects to the existing manhole with rim elevation 363.3 on Windswept Lane. 14. The applicant shall comply with the comments of the Water Department Director. 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 Jody Lesko Yea Nay Abstain Not Present Charles Johnston Yea Nay Abstain Not Present Motion carried by a vote of 4 – 0 – 0. Signed this ___ day of September, 2024, by _____________________________________ Dawn Philibert, Chair #SD-24-11 17 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 with the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must 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- 951-1740 or https://www.vermontjudiciary.org/environmental 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.