HomeMy WebLinkAboutSD-24-14 - Supplemental - 0197 Autumn Hill Road (20) 1
CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SD-24-14_Autumn Hill Rd #197_Ruggerio_SK_2024-08-06
DEPARTMENT OF PLANNING & ZONING
Report preparation date: July 31, 2024
Application received: July 3, 2024
197 AUTUMN HILL ROAD
SKETCH PLAN APPLICATION #SD-24-14
Meeting date: August 6, 2024
Owner/Applicant
Christopher & Janet Ruggerio
250 Autumn Hill Road
South Burlington, VT 05403
Property Information
Tax Parcel IDs: 0085-00197
Lot size: 13.5 ac
Southeast Quadrant Neighborhood Village, Neighborhood
Residential Transition & Natural Resource Protection
Zoning Districts
Engineer
O’Leary Burke
13 Corporate Drive
Essex, VT 05452
Location Map
PROJECT DESCRIPTION
Sketch plan application #SD-24-14 of Christoper & Janet Ruggerio to subdivide an existing 13.5
acre lot developed with two barns, a single family home, and accessory shed into two lots of 1.9
acres containing the two existing barns (Lot 1) and 11.6 acres containing the existing single family
home and shed (Lot 2), 197 Autumn Hill Rd.
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PROJECT CONTEXT
This existing single family home lot is located in the SEQ-VR, SEQ-NRT and SEQ-NRP zoning
districts and is significantly encumbered by wetlands, wetland buffers, and river corridor.
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 and without requirement to
be a Conservation PUD. This is the route the applicant has chosen to pursue.
Development of this lot, which is located in the municipal water and sewer service area1, is also
impacted by Acts 47 and 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 unit building.
The Planning Commission is currently working on amendments to the LDR to incorporate the
changes required by Acts 47 and 181. The applicant is aware of the pending modifications, which
may significantly alter how subsequent applications for this subdivision are approved. The Board
should anticipate that the standards reviewed herein may be modified by the next application for
this development.
COMMENTS
Development Review Planner Marla Keene and Planning and Zoning Director Paul Conner, herein
after referred to as Staff, have reviewed the plans submitted by the applicant on July 3, 2024 and
offer the following comments.
A) 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 13.5 acre parcel in the SEQ-VR, SEQ-NRT and SEQ-NRP, a Conservation PUD is required by this
provision except as provided 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
1 A small portion of the lot, coincident with the SEQ-NRP, is excluded from the water and sewer
service area.
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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 1.9
acres and the remaining lands will be 11.6 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, which remain
fully applicable.
B) ZONING DISTRICT AND DIMENSIONAL STANDARDS
The property is located within the SEQ-VR, SEQ-NRT and SEQ-NRP zoning districts. The portion of
the property within the SEQ-NRP is limited to a small area on the eastern edge. The standards of
9.12 prohibit development in the SEQ-NRP where there is sufficient land outside of the NRP to
construct and use a single family dwelling unit, which is the case here. Therefore development
within the SEQ-NRP is prohibited. The SEQ-NRP area is relevant for computation of buildable area,
but Staff considers it to have relatively little impact on the proposed subdivision of the property.
The SEQ-VR and SEQ-NRT have the same dimensional standards, as follows.
SEQ-VR & SEQ-NRT Required
Min. Lot Size, Single Family Home up to
Four-plex
9,500 sf (at 1.2 units / acre density)2
Max. Building Coverage 20 %
Max. Overall Coverage 40 %
Min. Front Setback 20 ft.
Min. Side Setback 10 ft.
Min. Rear Setback 30 ft.
Max. Height 28 ft, 2 stories facing street, 3 stories below roofline,
1 roofline story, max 4 total stories
15.A.11(A)(2) requires the applicant to exclude the area of hazards, level 1 resources, existing and
planned street and railroad rights-of-way, and transmission line corridors and easements from
calculation of buildable area. Buildable area governs the allowed number of building lots or
dwelling units within the subdivision. More than half of the property is encumbered by these
restrictions, therefore Staff estimates there is buildable area accommodating approximately eight
lots, or 32 units, on the total existing parcel.
C) ENVIRONMENTAL PROTECTION STANDARDS
The subject property is encumbered by habitat block overlay district, river corridor overlay district,
Class II wetland, and Class II wetland buffer. Habitat block is considered a Level 1 resource while
the remaining resources are considered hazards.
2 This is difficult to calculate following passage of Acts 47 & 181 in advance of the City’s updates to
the LDRs as there are several variables. Assuming a 9,500 sf lot served by municipal water &
sewer, Act 181 allows a 4-plex on that 9500 sf.
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12.04 Habitat Block Overlay District
Pursuant to 12.04F, all lands within a Habitat Block must be left in an undisturbed, naturally
vegetated condition. Building envelopes may not include lands within habitat blocks.
The habitat block on this site is located in the north east corner and is relevant for computation of
buildable area, but Staff considers it to have relatively little impact on the proposed subdivision of
the property.
12.06 Wetland Protection Standards
The applicant has identified Class II wetlands and the associated 100-ft buffers on their plans. The
wetland and buffer is proposed to be bifurcated by the subdivision boundary.
Development within the Class II wetland or buffer is generally prohibited. 15.A.11(A)(1) prohibits
subdivision of land that is unsuited for development. Furthermore, 15.A.12A prohibits
“parcelization, physical fragmentation, and development,” meaning bifurcation of wetlands and
buffers by subdivision boundaries is prohibited. 15.A.12D requires that contiguous resource areas
that exceed the minimum lot size be set aside as “conservation lots” to be maintained and
managed in single or common ownership or under a conservation easement. Further subdivision
of conservation lots is prohibited except where all land is being conveyed for conservation
purposes. These standards are discussed in more detail below under Subdivision Standards.
Gardens, landscaped areas/lawns, structures, and impervious surfaces located within a wetlands
buffer that were legally in existence as of the effective date of these regulations shall be
considered non-conforming development. Non-conforming development within a wetlands buffer
may not be expanded and may be maintained, but is still considered to be wetland buffer. The
existing barns and surrounding lawn area are considered non-conforming development.
In addition, redevelopment of existing non-conforming development may be permitted within a
Class II wetland buffer as a modification if the applicant specifically requests a modification and
demonstrates compliance with the following criteria.
F. Modifications.
(1) Types of Development. An applicant may request a modification, in writing, from the rules of
this section for any development in the following areas only:
(b) Re-development of pre-existing gardens, landscaped areas/lawns, public infrastructure,
structures, and impervious surfaces within a Class II wetland buffer in any zoning district if;
(i) The resulting total area of lands within the wetland buffer that will be in a
naturally vegetated condition is increased;
(ii) The applicant submits an evidence-based professional opinion by a wetland scientist
that the re-development will have a net positive effect on the health and functioning of
the wetland; and
(iii) The project results in no increase in total impervious surface within the Class II wetland
buffer.
In addition, any modification must meet the following four standards.
(3) Modification Standards
(a) The modification shall be the minimum required to accommodate the proposed
development;
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(b) The proposed development will not have an undue adverse effect on the planned character
of the area, as defined by the purpose statement of the zoning district within which the
project is located, or on public health and safety;
(c) The proposed development will not have an undue adverse effect on the ability of the
property to adequately treat stormwater from the site; and,
(d) The proposed development will not have an undue adverse effect upon specific wetland
functions and values identified in the field delineation.
The regulations governing modification of wetland standards apply to all projects, whether they
involve subdivision of land or not. Staff recommends the Board assume any lands permitted to
be redeveloped will be redeveloped to the maximum allowable density, ie five units an acre.
1. Staff recommends the Board engage in a robust discussion of whether the rule permitting
modification of wetland protection standards supersedes the rules of 15.A.11 and 15.A.12
introduced above and detailed below prohibiting bifurcation of wetlands and buffers by
subdivision boundaries.
2. If the Board determines the subdivision of land which contains protected natural resources is
prohibited, Staff recommends the Board direct the applicant to submit a revised sketch plan.
Showing how they propose to meet the Wetland Modification Standards. Areas that are then
determined to be outside the development (or re-development area) must be excluded from
the development parcel.
12.07 River Corridor Overlay District
All development is prohibited within the river corridor overlay, including creation of new lawn or
landscaped areas. On this property, the river corridor overlay is located entirely within the Class II
wetland and wetland buffer, therefore Staff considers no separate review to be required unless the
applicant seeks modification of the wetland protection standards.
D) SUBDIVISION REVIEW
15.A.04 Classification
(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;
(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);
The minimum lot size in the SEQ-NRT is 9,500 sf for a single-family home, 12,000 sf for a
duplex, and 6,000 sf per unit for multifamily buildings. Therefore this subdivision will be
considered a major subdivision3.
3 Under the draft LDR being considered by the Planning Commission, the minimum lot size will
continue to be tied to the type of building, and will be smaller than it is today therefore if the
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15.A.05 Pre-Application Sketch Plan Review
This application constitutes the required sketch plan review.
15.A.10 Subdivision Standards
A. Applicability.
Any subdivision of land subject to these Regulations must meet applicable subdivision standards
under this Article unless modified or waived by the DRB under Section 15.A.01(B).
(1) The DRB, in determining compliance with these standards, may require:
(a) Disclosure of the intended use and development of all land to be subdivided, including
subsequent development plans for any retained portion of the existing tract or parcel to
be subdivided.
3. Staff recommends the Board ask the applicant to provide a rough plan and accompanying
description of their plan for development of each of the lots proposed for subdivision. The
applicants’ submitted materials were particularly unspecific in this regard. Information should
include the use, building type, and rough configuration for each of the parcels. The
development plan will dictate how the remaining subdivision standards are applied.
4. Development on Lot 2 will be limited by the prohibition on dead end streets extending more
than 200-ft in length unless the applicant can demonstrate that there is a future connection to
extend the street on an adjacent lot. Staff recommends the Board ask the applicant to discuss
how their described development plan is compatible with the road standards of 15.A.14.
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.
This section requires the applicant to demonstrate that the land to be subdivided is physically
suited for its intended use, including establishing a buildable area. The buildable area must
exclude hazards, which includes Class II wetlands and their buffers.
(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 described above, the Class II wetlands and wetland buffers on the site are considered
hazards and may not be subdivided for development.
(2) Buildable Area. For purposes of these Regulations, including the platting of building lots and
the calculation of the density or intensity of development allowed within a subdivision,
“Buildable Area” is defined as the total area of the tract or parcel to be subdivided, less the
area occupied by the following physical and legal site limitations or constraints:
proposed subdivision falls under the draft LDR, it will still be considered a major subdivision.
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• “Hazards” as defined and regulated under Article 12, as indicated on sketch and Master
Plans, and as field verified and delineated on preliminary and final subdivision plans and
plats,
• “Level I Resources” as defined and regulated under Article 12, as indicated on sketch and
Master Plans, and as depicted on preliminary and final subdivision plans and plats,
• Existing and planned street and railroad rights-of way,
• Transmission line corridors or easements, except upon request of the applicant that it be
designated as Buildable Area.
(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.
(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.
5. Staff recommends the Board direct the applicant to provide a computation of buildable area as
part of the modified sketch plan application for the subdivision.
C. Development Context.
The applicant must demonstrate that the subdivision conforms to the planned pattern of
subdivision and development in the area, as defined by district purpose statements and standards,
or as specified for a type of Planned Unit Development (PUD) under Article 15.C. In addition to
meeting required zoning district, transect zone, or PUD standards:
(1) Overlay Districts. 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.
(a) Subdivision boundaries and lot lines must be located and configured to avoid creating
building lots that are split by zoning district boundaries except where the DRB finds such
split building lots unavoidable due to pre-existing lot and infrastructure layout.
(b) The DRB may approve a request to extend zoning district standards up to fifty (50) feet in
either direction beyond the district boundary line as necessary to avoid a subdivision or
building lot split by a zoning district boundary.
The proposed subdivision crosses the SEQ-VR and SEQ-NRT zoning districts and is located more
than 50-ft from the boundary of either. However, given the prohibition on bifurcating natural
resources, Staff considers the proposed subdivision line must be modified. Staff recommends the
Board review compliance with this criterion when an alternative subdivision proposal is submitted,
particularly as it pertains to split lots being unavoidable due to pre-existing lot and infrastructure
layout. Staff considers it may be reasonable to create a lot around the existing barns that also
includes the protected natural resources, which would continue the existence of a split lot.
(3) Compliance with Other Regulations. Subdivision and subsequent development will be
required to meet applicable provisions of the Department of Public Works Standards, Fire
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Prevention and Safety Ordinance, Water Ordinance, Sewer Ordinance, Impact Fee Ordinance,
and E-911 Ordinance.
(4) Conformance with an Approved Master Plan. Staff considers the use of the “carve out”
provision exempts this project from provision of a master plan and any subsequent subdivision
of the remaining lands will be required to pursue a master plan.
D. Development Connectivity. This criterion pertains to connectivity between parcels and
neighborhoods, and to compatibility with the official map. There are no official map features
relevant to the proposed subdivision.
The applicant has not made any statement as to proposed access, though for the concurrent sketch
plan for 197 Rear Autumn Hill Road (SD-24-16), the applicant has stated that they are proposing to
relocate Autumn Hill Road.
15.A.16, discussed in more detail below, requires a lot layout to allow for the further subdivision of
any remaining developable land. 15.A.14 requires curb cuts be minimized and shared vehicular
access to be provided.
15.A.12 Resource Protection Standards
These standards prohibit subdivision and building area lines from crossing natural resources.
Natural resources must be field-delineated on preliminary and final subdivision plans and plats.
Furthermore, contiguous Hazard and Level 1 Resources 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.
6. On the basis of this standard and those cited in review of Article 12 standards above, Staff
recommends the Board direct the applicant to reconfigure their proposed subdivision lines to
avoid crossing Hazard and Level 1 Resource boundaries. Staff considers the carve-out
provision exempts the applicant from creation of conservation lots at this time, but that the
carve-out must not preclude compliance with this requirement in the future.
15.A.13 Subdivision Design Process
In addition to setting aside resource protection areas, these criteria require building lots to face on
existing or planned streets or civic spaces. Staff notes the applicant should consider this
requirement and how it will inform future subdivision of the parcels as part of their required
reconfiguration.
15.A.14 Street Network
These standards pertain to street design. The applicant has indicated there are two existing curb
cuts near each of the existing barns on the west side of the property. Staff recommends the Board
include as a condition of future subdivision approval that only one curb cut may be retained for the
subdivided land.
Any development requiring a street network must maximize connectivity and provide for the
future extension of streets of equivalent functional class and other connecting rights-of-way or
easements through adjoining properties upon future subdivision, development or redevelopment.
Street rights-of-way must extend to adjoining property lines to allow for future street, sidewalk,
recreation path and utility connections. Access and connectivity is a significant issue for the
concurrent sketch plan application for 197 Rear Autumn Hill Road and is addressed therein. Staff
considers the necessary revisions to the proposed subdivision of this parcel should accommodate
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the recommendations of the Board on the adjacent parcel otherwise subdivision and development
of the adjacent parcel may not be possible.
15.A.16 Blocks and Lots
B. Blocks. In all Zoning Districts except the SEQ-Natural Resource Protection, Mixed
Industrial/Commercial, Industrial-Open Space, Airport, Airport Industrial, Institutional
Agricultural, Park and Recreation, and Form Based Code District, a major subdivision with a
contiguous developable area of four (4) or more acres must incorporate one or more blocks
defined by intersecting street rights-of-way or other defining features such as a lake or river,
railway, historic feature, or permanently conserved land.
Block perimeter is limited to 2000 ft. Minimum block length is 200 ft, and the average block length
must be 500 ft or less. Staff considers that it appears more than 4 acres of contiguous buildable
area will remain on the retained lot after the carve out therefore the applicant should take this
criterion into consideration when evaluating the necessary revisions to the proposed subdivision.
15.A.18D Stormwater Facilities
Stormwater treatment and control pursuant to 13.05 is required when one half acre or more
impervious surface exists or is proposed to exist on the lot. The applicant has indicated that the
proposed development could result in the creation of greater than ½ acre of impervious, and
therefore an analysis of compliance with stormwater management standards will be required at
the next stage of review.
E) OTHER
13.17 Residential Design for New Homes
These standards apply to all new homes on lots less than 1 acre in size. Depending on the
ultimate configuration of the development, these standards may apply, and require buildings to be
oriented to the street, to maximize solar gain potential, to have garages set back from the front lot
line by at least 8 ft relative to the front line of the building, and for the garage to be less than 40%
of the width of the façade.
RECOMMENDATION
Staff recommends that the Board work with the applicant to address the issues identified herein. Staff
considers either a continuation or a new sketch plan application to be necessary to address the
identified issues.
Respectfully submitted,
Marla Keene, Development Review Planner