HomeMy WebLinkAboutSD-24-15 - Supplemental - 0197 Autumn Hill RoadCITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SD-24-15_Autumn Hill Rd #197 REAR_Ruggerio_SK_2024-08-
06
DEPARTMENT OF PLANNING & ZONING
Report preparation date: July 31, 2024
Application received: July 3, 2024
197 REAR AUTUMN HILL ROAD
SKETCH PLAN APPLICATION #SD-24-15
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: 19.5 ac
Southeast Quadrant Neighborhood Residential Transition &
Natural Resource Protection
Engineer
O’Leary Burke
13 Corporate Drive
Essex, VT 05452
Location Map
PROJECT DESCRIPTION
Sketch plan application #SD-24-15 of Christopher & Janet Ruggerio to subdivide an existing 19.5
acre undeveloped lot into two lots of 17.6 acres (Lot 1) and 1.9 acres (Lot 2) and reconfigure an
existing private road (Autumn Hill Road) by removing approximately 580 feet of length and
connecting to an existing public road (Windswept Lane), 197 Rear Autumn Hill Rd
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PROJECT CONTEXT
This existing undeveloped lot is located in the SEQ-NRT and SEQ-NRP zoning districts and is
largely encumbered by wetlands, wetland buffers, and habitat block.
Development of this lot is also impacted by Acts 47 and 181, 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
on the same size lot as single unit buildings in areas served by municipal water and sewer.
On July 30, the Planning Commission approved and submitted a series of amendments to the LDR
to the City Council 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 reviewed and decided. 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.
Table 15.C-1 requires Conservation PUD for lands within the SEQ-NRT but not for lands within the
SEQ-NRP, and a Traditional Neighborhood Development PUD for buildable area of 4 or more acres
within the SEQ-NRT. Since there are less than 4 acres of the 19.5 acre parcel outside the SEQ-NRT,
a PUD is not required by this provision.
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.
The applicant has indicated in their cover letter that they are applying for a carve out of 1.9
acres. However, conservation PUD is not required, nor is a PUD of any type, therefore this
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provision is not applicable and the applicant’s proposal may be considered a simple
subdivision without use of this provision. It is worth nothing that the conservation PUD is
eliminated in the draft LDR.
B) ZONING DISTRICT AND DIMENSIONAL STANDARDS
9.12 SEQ-NRP
As noted above, the 19.5 acre property is located within the SEQ-NRT and SEQ-NRP zoning
districts. The standards of 9.12 prohibit subdivision of lands within the SEQ-NRP where there is
sufficient area outside the SEQ-NRP to develop three dwelling units. The applicant has indicated
that taking into consideration the required setbacks, 0.8 acres are buildable; there are greater 0.8
acres of land outside of the wetland buffer and outside of the SEQ-NRP on this lot. The property is
proposed to be in the water and sewer service districts (being reviewed by City Council on August
5). In areas served by water and sewer, the City must allow buildings containing up to four
dwelling units on the same size lot as a single-unit building. Under that provision, the current 9,500
s.f. minimum lot size would allow up to 4 units, and a lot of 0.8 acres would allow for at least three
9,500 s.f. lots, totaling 12 dwelling units. Since at least three dwelling units could be developed
outside the SEQ-NRP, subdivision of lands within the SEQ-NRP is prohibited.
1. Staff recommends the Board require the applicant to modify the subdivision boundary so that
no subdivision of lands within the SEQ-NRP is proposed.
The dimensional standards of the SEQ-NRT are follows.
SEQ-NRT Required
Min. Lot Size, Single Family Home or Duplex 9,500 sf (at 1.2 units / acre density)
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
Staff notes that under Acts 47 & 181, the Board must allow up to 5 units per acre, which would
yield 8,712 sf lots and may require slightly increased coverage allowances and reduced setbacks.
However, the applicant has proposed only one development area of 0.8 acres therefore Staff
considers the existing coverage and setback standards to be appropriate.1
C) 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
1 Lot size requirements are proposed to change substantially under the draft LDR.
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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. The draft LDR proposes to change
minimum lot size to 5,000 sf. The applicant is proposing a 1.9 acre lot. The subject lot
does not have any street frontage. Therefore this subdivision will be considered a major
subdivision.
15.A.05 Pre-Application Sketch Plan Review
This application constitutes the required sketch plan review.
15.A.06 Preliminary Subdivision Review (Major Subdivisions)
A. Purpose.
Preliminary subdivision review by the DRB, required for all Major Subdivisions, except for a
Transect Zone Subdivision, but including a Planned Unit Development (PUD) under Article 15.C, is
intended to evaluate a proposed subdivision under the standards of these Regulations, to
determine conformance with an approved master plan, to preliminarily allocate available
infrastructure capacity, to identify specific issues or concerns that must be addressed or mitigated
prior to final subdivision review and, upon preliminary approval, to allow the applicant to seek
other necessary permits or approvals that may result in project modifications, prior to preparing a
final survey plat, engineering plans, and required legal documents.
B. Combined Review.
(2) At the request of an applicant, the DRB may agree to combine preliminary and final
subdivision review for one or more phases of subdivision and development where either a Master
Plan under Article 15.B has been previously approved and is in effect, or where no Master Plan
Review under Article 15.B is required.
2. Given the incompatibility of the proposed subdivision with the requirements for subdivision of
land involving protected natural resources (discussed below) and in the SEQ-NRP, Staff
considers the Board direct the applicant to submit a revised sketch plan application prior to
proceeding to preliminary plat. The applicant is reminded the preliminary plat must be
submitted within 6 months of the final sketch plan meeting, must reasonably conform with the
sketch plan reviewed by the Board, and will be subject to the Regulations in effect at the time
of submittal of the Preliminary Plat.
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:
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(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 describe in detail and demonstrate
feasibility of their plan for development of the land proposed for subdivision, including a
description of the proposed relocation of Autumn Hill Road. The applicants’ submitted
materials were particularly unspecific in this regard. Information should include the use,
building type, and rough configuration for the smaller parcel. Development within the
SEQ-NRP is prohibited therefore no development plan for the larger lot is required.
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.
4. Wetlands, habitat blocks, and habitat connectors on the site may not be subdivided for
development. The habitat block is coincident with the SEQ-NRP and will be removed from
the proposed subdivision when the comments pertaining to the SEQ-NRP above are
addressed. Staff recommends the Board also require the applicant to modify the proposed
subdivision so that the wetland buffer and habitat connector are also removed (or
relocated, as applicable) from the proposed subdivision. Additional discussion is below.
(2) Buildable Area. For purposes of these Regulations, including the platting of building lots and
the calculation of the density or intensity of development allowed within a subdivision,
“Buildable Area” is defined as the total area of the tract or parcel to be subdivided, less the
area occupied by the following physical and legal site limitations or constraints:
• “Hazards” as defined and regulated under Article 12, as indicated on sketch and Master
Plans, and as field verified and delineated on preliminary and final subdivision plans and
plats,
• “Level I Resources” as defined and regulated under Article 12, as indicated on sketch and
Master Plans, and as depicted on preliminary and final subdivision plans and plats,
• Existing and planned street and railroad rights-of way,
• Transmission line corridors or easements, except upon request of the applicant that it be
designated as Buildable Area.
(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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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 below.
(2) Multiple Districts. This is a lot located in multiple districts. 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. Staff considers the exception to be not applicable in this
case.
(3) Compliance with Other Regulations. Subdivision and subsequent development will be
required to meet applicable provisions of the Department of Public Works Standards, Fire
Prevention and Safety Ordinance, Water Ordinance, Sewer Ordinance, Impact Fee Ordinance,
and E-911 Ordinance.
(4) Conformance with an Approved Master Plan. Since less than 4 buildable acres are present,
master plan is not required.
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 has indicated it is their intention to relocate Autumn Hill Road and to access the
proposed development lot from a new private driveway at the location of the relocated Autumn
Hill Road.
The Director of Public Works reviewed the plans on July 15, 2024 and offers the following
comments.
• I am generally in favor of consolidating access to the existing and proposed lot so that it
comes from Windswept lane. My assumption is that this would eliminate the curb cut for
Autumn Hill Road that exists on Dorset Street, which is very close to Windswept lane.
Please confirm that Autumn Hill Road would be removed from Dorset Street to the new
access on Windswept Lane.
• The proposed 20' access easement for the driveway runs parallel to Autumn Hill Road for a
short distance. Is it feasible to eliminate some of this additional road by connecting the
proposed driveway off of Autumn Hill Road at the 370 or 375 contour?
• Future driveways will need to meet city standards for dimension, slope, etc.
6. Staff supports the comments of the Director of Public Works, particularly the second comment
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pertaining to location of the driveway as it is particularly supported by this criterion. The
configuration of Autumn Hill Road is discussed further below under 15.A.14B. Staff
recommends the Board direct the applicant to incorporate the comments of the Director of
Public Works into the revised sketch plan application.
15.A.12 Resource Protection Standards
As noted above, 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, the Board should prohibit future subdivision of
conservation lots except where all land is being conveyed for conservation purposes, as also noted
on the subdivision plat.
15.A.13 Subdivision Design Process
A. Design Process.
The design process to be followed by the applicant under this Subsection, in preparing
subdivision plans and draft plats included with the application, includes the following steps in
order of preference:
(1) Delineate and set aside resource areas identified for protection, and other existing site
features for consideration under 15.A.12 above.
This criterion has been discussed above
(2) Layout and configure the proposed street network to:
(a) connect with and extend existing streets;
(b) define one or more contiguous blocks that meet applicable block standards under
15.A.16 or as otherwise specified for the Zoning District, Transect Zone, or type of
Planned Unit Development in which the subdivision is located); and to
(c) incorporate allowed Street Types and design standards under 15.A.14, including
existing and planned streets, sidewalks, recreation paths, and transit stops.
The applicant is proposing to connect a new driveway for a single lot to Autumn Hill
Road. Autumn Hill Road is an existing dead end private road serving four existing
homes. There is no limitation on the number of homes served by a private street, but
new private dead end streets are limited to 200-ft in length and are only permitted when
the street cannot connect to an adjacent unaffiliated property or street.
(3) Delineate building lots that front on and are oriented to the abutting street or civic
space, and that meet applicable lot size and dimensional requirements by Zoning
District, Transect Zone or type of Planned Unit Development or Building Type under
Article 11.C, as applicable.
The applicant has not proposed a building lot that fronts on a street or civic space, nor
does such a configuration appear possible without development on the adjacent lot that
is the subject of concurrent sketch plan application #SD-24-14.
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7. If the applicant is only proposing a single building, Staff considers the Board may find
this criterion to be not applicable. However, for multiple structures, Staff recommends
the Board require the applicant to demonstrate compliance with this criterion.
(4) Designate within each block, or as otherwise provided within the subdivision, required
civic spaces, parking lots or facilities, and infrastructure and utility corridors or
easements that meet the requirements of these Regulations, which are to be retained
in common or single ownership or dedicated to the City.
Civic spaces are not required for major subdivisions of two acres or fewer
8. When the Council adopts the revised water and sewer service area, the lot will be
required to be served by public water and sewer, regardless of the date of subdivision.
Staff recommends the Board require the applicant to conceptually show how utility
services will be routed to the proposed subdivision.
(5) Incorporate within block configurations, as applicable, one or more alleys or service
lanes, and midblock pedestrian passages as necessary to provide rear, side or shared
vehicular and pedestrian access to fronting building lots, civic spaces and designated
parking areas or facilities.
Staff considers this criterion to be not applicable to a subdivision of this scale.
15.A.14 Street Network
B. Street Layout.
(4) Street Connections. The 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.
(5) Dead-End Streets. Permanently gated streets, dead-end streets, and cul-de-sacs are prohibited
unless the DRB finds that physical right-of-way limitations, other legal constraints,
incompatible land uses, or Hazards or Level I Resources identified for protection under Article
12 preclude required street connections.
(a) Permanent dead-end streets are subject to review and approval by the Fire Chief and City
Engineer under these Regulations and other public works specifications and fire codes in
effect at the time of application.
(b) A permanent dead-end street allowed under this provision must not exceed two hundred
(200) feet in length measured to the center of the turnaround; and must include a
turnaround designed to City specifications. Hammerhead turnaround designs are the
City’s preferred dead-end configuration.
As noted above, Autumn Hill Road is an existing dead end street. Staff considers the
natural resources and zoning district designations preclude creation of a connecting street
to the north; any connection potential is to the south. Any future development requiring
construction of a road must either provide for future connection or be limited by the
prohibition on dead end streets exceeding 200 ft in length. Staff strongly recommends the
applicant develop a conceptual overall plan for development of this and the adjoining
parcel to the west prior to proceeding with any subdivision of land in order to avoid
conflict with future development plans.
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In order to not expand the existing non-conformity, Staff considers that the location of the new
driveway off Autumn Hill Road must be located so that it is no more than 200-ft from the beginning
of the roadway in complying with comment #3 of the Director of Public Works above. Depending
on the revisions the applicant makes to the subdivision proposed on the adjacent lot in sketch plan
application #SD-24-14, the driveway may need to be a street to accommodate future development
on that lot.
Any new street segments must meet the street design standards including compliance with the
required cross section for the street type in Article 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:
(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.
9. Staff recommends the Board discuss whether they will require the applicant to configure
the building envelope in the SEQ-NRT to allow further subdivision and infill development.
(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.
10. See discussion above under 15.A.13A(3). Note in this location, the requirement for facing
on a street, civic space, or shared courtyard is a “must,” not a “should.” Staff
recommends the Board discuss how they will apply this criterion if only one development
lot is proposed.
(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.
Staff considers the proposed lot to be trapezoidal in shape and generally conforming with
these criteria. The required reconfiguration should also meet these criteria.
15.A.18D Stormwater Facilities
Stormwater treatment and control pursuant to 13.05 is required when one half acre or more
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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.
D) ENVIRONMENTAL PROTECTION STANDARDS
The subject property is encumbered by habitat block, river corridor, Class II wetland, and Class II
wetland buffer. Habitat block is considered a Level 1 resource while the remaining resources are
considered hazards.
12.04 Habitat Block Overlay District
Development within a habitat block is generally prohibited. As discussed above, subdivision
standards prohibit subdivision of habitat blocks.
The applicant has proposed to subdivide the habitat block. This will be addressed when the
prohibition on subdivision of the SEQ-NRP is addressed.
12.05 Habitat Connector Overlay District
Habitat connector standards require the land within the habitat connector to be left in an
undisturbed, naturally vegetated condition, and are otherwise subject to the provisions of Habitat
Block Standards. The habitat block on the subject property is shown on the left side of the
property in green in the below screen shot and is not depicted on the applicant’s plans.
Since this is the Board’s first time reviewing the Habitat Connector Overlay, Staff has included all
of the applicable standards for review thereof.
A. Purpose.
It is the purpose of this Section to maintain the functionality of identified Habitat Connectors, allowing
species to travel between identified Habitat Blocks, wetland areas, water bodies, and other natural
resources within and adjacent to the City.
Staff recommends the Board make the interpretation that the habitat connector in question is intended
to maintain a connection between the identified habitat block on the east (in light green) and the river
corridor (pink) and wetland (not shown) to the west.
C. Standards for Protection of Habitat Connectors.
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(1) In the locations where a Habitat Connector is indicated on the Habitat Block and Habitat Connector
Overlay Districts Map, all lands within a 150-foot-wide area shall be left in an undisturbed,
naturally vegetated condition.
The habitat connector is depicted as approximately 100-ft wide in this location. Staff considers the
applicant must protect a strip 150-ft wide pursuant to this criterion.
(2) Hazards or other protected natural resources regulated in Article 12 contiguous to a Habitat
Connector may be used to count towards the required 150-foot width of the Habitat Connector.
Staff considers the connector may overlap with the delineated wetland buffer on the
applicant’s property.
(3) Habitat Connectors shall be subject to the provisions of 12.04(F) Habitat Blocks Standards.
11. Generally speaking, these standards prohibit use of the habitat connector except for
restricted infrastructure encroachment and recreation purposes, which exceptions Staff
consider to be not applicable here. Staff therefore recommends the Board direct the
applicant to redesign the subdivision to avoid bifurcating the habitat connector, pursuant
to the standards prohibiting bifurcation of resource areas cited above.
(4) Relocation of Mapped Habitat Connector. An applicant may apply to relocate a Habitat Connector
from its mapped location on the Habitat Block and Habitat Connector Overlay Districts Map but
must connect to Habitat Connectors or Habitat Blocks on adjacent parcels. Any relocated portion
shall be accompanied by a restoration plan, prepared by a qualified consultant (e.g., landscape
architect, professional wildlife biologist or equivalent). The restoration plan must include a robust
planting plan of native tree and shrub species, specific actions to minimize disturbance to any
existing vegetation supporting a habitat function, and a maintenance plan to ensure its growth.
The restoration plan must design the relocated Habitat Connector to support the movement of
mammal species such as fisher, bobcat, river otter, mink and coyote within a period of ten (10)
years.
While the option to relocate the habitat connector does exist, since only a small portion of the
habitat connector exists on the applicant’s property, relocation would require concurrence of
the adjoining property owner, as well as provision of a professionally prepared restoration
plan.
(5) Restoration of Habitat Connector. The DRB shall require restoration of a Habitat Connector on
parcels where development is proposed and pre-existing conditions consist of Habitat Connectors
that are less than 150 feet in width along the entire length of the Habitat Connector. Restoration
must include a robust planting plan of native tree and shrub species and specific actions to
minimize disturbance to any existing vegetation supporting a habitat function within areas of the
Habitat Connector less than 150 feet wide. The applicant may request, in writing, to waive this
requirement. The DRB may grant a waiver only if restoration of the Habitat Connector is not
possible due the placement of pre-existing structures on the subject parcel.
As noted above, the habitat connector is only depicted as 100-ft wide in this location. Staff
considers the applicant must indicate in which direction the connector is proposed to be
expanded to make up the required 150-ft, and if development is proposed on the lot containing
the expansion, must provide a restoration plan for the additional 50-ft. If no development is
proposed on the lot containing the expansion, Staff considers the applicant may simply allow
the additional 50-ft to revegetate naturally.
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12.06 WETLAND PROTECTION STANDARDS
There is a delineated wetland on the northwest corner of the property, whose buffer encroaches
about halfway into the SEQ-NRT lands on the property.
As noted above, subdivision of protected resources including wetlands and wetland buffers is
prohibited. The applicant has proposed to subdivide the wetland buffer. The applicant must
modify the proposed subdivision.
E) OTHER
3.05 Lots
This section prohibits land development on lots which do not have frontage on a public road
unless such access is provided by an easement or right-of-way. Staff considers the applicant must
provide formal right of access. Staff strongly recommends the applicant consider the ramifications
of the proposed access on the development potential on the adjoining lot.
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