HomeMy WebLinkAboutSD-17-22 - Decision - 1700 Dorset StreetSD-17-22
Findings of Fact and Decision
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
EDWARD G. HOEHN III
1700 DORSET STREET
FINAL PLAT APPLICATION #SD-17-22
FINDINGS OF FACT AND DECISION
Final plat application #SD-17-22 of Edward G. Hoehn, III to subdivide a 10.29 acre parcel developed with
a single family dwelling into three (3) lots ranging in size from 1.04 acres to 7.98 acres, 1700 Dorset Street.
The Development Review Board held a public hearing on Tuesday, September 19, 2017. Dean Grover
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 subdividing a parcel into three (3) lots, 1700 Spear Street.
2. The owner of record of the subject properties is Edward G. Hoehn III.
3. The application was received on August 18, 2017.
4. The subject property is located in the Southeast Quadrant - Village Residential Zoning District.
5. The plan submitted consists of a five (5) page set of plans. Drawing 1 is entitled "Site Plan Hoehn
Subdivision 1700 Dorset Street South Burlington, VT," prepared by Grover Engineering PC, dated April 14,
2017, and last revised 9/1/2017.
6. The applicant previously obtained preliminary approval from the DRB for the subdivision of three (3)
lots in June 2017 (#SD-17-11).
Dimensional Standards:
A) Article 9 of the South Burlington Land Development Regulations stablishes the following general
review standards for all site plan applications located within the Southeast Quadrant.
A. Zoning District and Dimensional Requirements
SEQ-Village Residential
Required
Existing
Proposed
Proposed
- Proposer!
Lot 1
Lot 2
Lot 3
Min. tot Size*
12,000 sq.
448,138 sq.
347,608 sq.
45,254 sq.
55,276 sq.
ft./single
ft.
ft.
ft.
ft.
family
✓Max. Building Coverage
15%
0.6%
<15%
<15%
<15%
✓Max. Overall Coverage
30%
1.6%
<30%
1 <30%
<30%
Clip',
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✓Min. Front Setback
50 ft.
25 ft.
No change
>50 ft.
>50 ft.
✓Min. Side Setback
10 ft.
>10 ft.
No change
>10 ft.
>10 ft.
✓Min. Rear Setback
30 ft.
>30 ft.
>30 ft.
>30 ft.
>30 ft.
✓Building Height (pitched
roof)
28 ft.
Unknown
No change
27.5
27.5
-'Density
8 units/acre
0.10
units/acre
0.13
units/acre
0.96
units/acre
0.79
units/acre
✓Proposed to be in compliance
*The site plan provides a different square footage than the plat plan. The areas presented here represent
the numbers from the plat plan, which are presumed to be correct.
B. Maximum Assigned Density: The maximum assigned density of any parcel or portion of a
parcel in any SEQ sub -district shall be one point two (1.2) dwelling units and/or lots per gross
acre.
The SEQ-VR district allows 1.2 units per acre or eight (8) units per acre with Transfer of
Development Rights (TDRs). The existing parcel is not proposing to utilize TDRs. Without TDRs,
this parcel allows for a maximum density of 12 units (10.29 x 1.2 = 12.3 rounded down to the
nearest whole unit). The applicant has proposed three (3) units (one existing single family and two
(2) new single family), which is within the density calculation for this parcel.
The allowable density would allow for two- or multi -family homes to be located on the proposed
parcels if certain other criteria were met.
C. Open Space and Resource Protection
(1) Open space areas on the site shall be located in such a way as to maximize opportunities
for creating usable, contiguous open spaces between adjoining parcels, creating or
enhancing stream buffer areas, or creating or enhancing buffers for primary or secondary
natural communities.
(2) Building lots, streets and other structures shall be located in a manner consistent with the
Regulating Plan for the applicable sub -district, allowing carefully planned development at
the average densities provided in this bylaw.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing management
shall be established by the applicant. Such plan shall describe the intended use and
maintenance of each area. Continuance of agricultural uses or enhancement of wildlife
habitat values in such plans for use and maintenance is encouraged. Existing natural
resources on each site shall be protected through the development plan, including (but
not limited to) primary natural communities, streams, wetlands, floodplains, conservation
areas shown in the Comprehensive Plan, and special natural and/or geologic features such
as mature forests, headwaters areas, and prominent ridges. In making this finding the
Development Review Board shall use the provisions of Article 12 of this bylaw related to
wetlands and stream buffers.
The proposed subdivision has been laid out in a manner that maximizes the connectivity of
existing open spaces on the existing parcel and avoids wetland or buffer impacts. The
proposed subdivision is generally graded towards the wetland buffer, and incorporates a wide
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vegetated area with slopes generally 6% or less to slow runoff from impervious areas prior to
discharge. The Board finds this criterion to be met.
(4) Sufficient grading and erosion controls shall be employed during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous
conditions on the subject property and adjacent properties. In making this finding, the
Development Review Board may rely on evidence that the project will be covered under
the General Permit for Construction issued by the Vermont Department of Environmental
Conservation.
The applicant has indicated on the Site Plan their intent to comply with the erosion control
standards in Article 16 of the LDRs and to obtain a state construction general permit should
disturbance be anticipated to exceed one (1) acre. The applicant has not indicated the
proposed topsoil thickness on the erosion prevention plan.
(5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or
primary or natural community areas and buffers in a manner that is aesthetically
compatible with the surrounding landscape. The use of split rail or other fencing made of
natural materials is encouraged.
The site plans show a split rail fence delineating the wetland buffer boundaries, to ensure that
wetlands and associated buffers will not be disturbed by mowing or other activities.
D. Agriculture (not applicable)
E. Public Services and Facilities
(1) Sufficient water supply and wastewater disposal capacity shall be available to meet the
needs of the project in conformance with applicable State and City requirements, as
evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water
and Wastewater Permit from the Department of Environmental Conservation.
(2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting
shall be designed in a manner that is compatible with the extension of such services and
infrastructure to adjacent properties.
(3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is
consistent with City utility plans and maintenance standards, absent a specific agreement
with the applicant related to maintenance that has been approved by the City Council.
In an email dated August 28, 2017 the Director of the Department of Public Works ("DPW
Director") provided comments on the subdivision. The applicant provided an amended plan
set and responded to these comments on September 1, 2017. DPW comments are in blue,
while applicant responses are in green.
We are planning on repaving this section of Dorset Street likely in the summer of 2018. If
their work is to occur after paving, an open cut for the water connections would not be
allowed. Either way, we strongly encourage the trenchless methods, as their plan sheet
calls for.
We have revised the note to require that HDD (trenchless) techniques be used.
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2. There is no pavement/surface restoration detail. Any repaving of a city street/bike path
would require pavement to be put back in two lifts of 2.5" of type 2 base and 1.5" of type
4 top.
We have added the requirement that all rernoved1disturbed pavement be replaced with
two courses, as described.
3. The proposed sewer pump station shall be privately -owned. The City would not accept a
station of this size that only serves a discrete, small area. Even though it will be private,
we would need to review the pump station's design to ensure conformance with
minimum standards.
We have added a note on the pump station requiring city DPW review of its design, and
indicating that this will be a private pump station.
4. Water and wastewater allocations would be required for these new demands.
These city allocations will be obtained when applying for the state WW permit.
5. Proper sight distance for cars exiting the driveway needs to be verified by the design
engineer. Jf any trees or other landscaping (1 noticed adjacent trees and cedar hedges on
the plans) are to be removed for sight distance purposes, they would need to be flagged
on a plan and in the field and would be subject to the approval of Public Works.
Site distances have been measured and are noted on the plans. They are excellent for
the existing driveway cut.
6. Would a driveway culvert, or even an upgraded one, be needed for the site's main
access? We require 18" minimum pipe. Minimum cover would be determined by
proposed pipe material and size.
We have evaluated existing and proposed drainage at the site and have determined that
there is no appreciable flow of storm water parallel to the road at this location. No
culvert is necessary.
In general, Section 15.13D of the LDRs requires that any public wastewater infrastructure be
approved as part of the subdivision review. However given that the Project consists solely of
a subdivision without specific building development plans, the Board considers that it is
acceptable to move forward without an approved pump station design.
The DPW Director indicated other responses are satisfactory.
(4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire
protection can be provided, with the standards for evaluation including, but not limited
to, minimum distance between structures, street width, vehicular access from two
directions where possible, looping of water lines, water flow and pressure, and number
and location of hydrants.
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In an email dated September 6, 2017, the Fire Department indicated that they have no
comment regarding this project as there is no significant impact to fire service.
Circulation: The project shall incorporate access, circulation and traffic management strategies
sufficient to prevent unsafe conditions on of adjacent roads and sufficient to create connectivity
for pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles
between neighborhoods. In making this finding the Development Review Board may rely on
the findings of a traffic study submitted by the applicant, and the findings of any technical
review by City staff or consultants.
Access to Lots 1-3 will be provided from Dorset Street by an existing driveway, which will be
shared. In 1977, the Planning Commission approved the subdivision that created the 10.29 acre
lot. Planning Commission Decision #10177, dated 3/21/77, states:
'Any subdivision of Lot 1 shall have access from the 60' right-of-way, from the north or
south, and not directly from Dorset Street."
The Board finds it desirable and appropriate to allow direct access to the two (2) new lots from
Dorset Street via a shared curb cut with the existing house.
(1) Roads shall be designed in a manner that is compatible with the extension of such
services and infrastructure to adjacent properties.
(2) Roads shall be designed in a manner that is consistent with City roadway plans and
maintenance standards, absent a specific agreement with the applicant related to
maintenance that has been approved by the City Council.
See above for discussion regarding comments from the Public Works Department.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and
neighborhoods shall apply.
The Board considers that a connection to an adjacent property is unlikely and therefore finds
this criterion to be met.
B) Section 9.09 South Burlington Land Development Regulations establishes the following specific
review standards for development within the village residential sub -district.
A. Street, Block and Lot Pattern
(1) Development Blocks - (not applicable)
(2) Interconnection of Streets — (not applicable)
(3) Lot Ratios — Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of
1:2.5 to 1:5 recommended.
Lot 1 is proposed to have a ratio of 1:2.61, Lot 2 of 1:4.93 and Lot 3 of 1:4.85. These ratios
satisfy the requirements of Section 9.09.A (3).
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(4) Street, Sidewalk & Parking Standards — (not applicable)
(5) Residential Design
(1) Building Orientation: Residential buildings must be oriented to the street. Primary entries
for single family and multi -family buildings must face the street. Secondary building entries
may open onto garages and/or parking areas. (Special design guidelines apply to arterial
streets).
The building layouts shown on the site plan and the front elevations shown in the application
materials are examples of possible homes, and subject to change. Given these examples, it
appears that the applicant plans to have the two new homes oriented to the street, plans to
have garages set back a minimum of eight (8) feet from the front building line, and plans to
have maximum heights of 27.5 feet. Additionally, the two new homes will share a driveway
and the garages will be located on the sides of the houses.
The proposed houses are set back from the front lot line by approximately 60 feet. The
regulations state that buildings shall be fifty (50) feet from the right of way on Dorset Street,
south of Swift Street.
The Board finds this criterion met.
(2) Building Facades: Building facades are encouraged to employ a theme and variation
approach. Buildings should include common elements to appear unified, but facades
should be varied from one building to the next to avoid monotony. Front porches, stoops,
and balconies that create semi -private space and are oriented to the street are encouraged.
The applicant has not provided sufficient information to determine if the proposed homes
meet the criteria for a mix of housing styles described in Sections 9.09C(2) and 9.09C(5).
Compliance with this requirement must be demonstrated prior to issuance of a zoning permit
by the Administrative Officer.
(3) Front Building Setbacks — (not applicable)
(4) Placement of Garages and Parking: For garages with a vehicle entrance that faces a front
lot line, the facade of the garage that includes the vehicle entrance must be set back a
minimum of eight feet (8') behind the building line of the single or two-family dwelling.
(a) (not applicable)
(b) The DRB may waive this provision for garages with vehicle entries facing a side lot line,
provided that (i) the garage is visually integrated into the single or two-family dwelling;
and (ii) the fa§ade of the garage that is oriented to the street is no more than eight feet
(8') in front of the facade of the house that is oriented to the street.
The applicant provided a sample single family lot plan demonstrating a possible
configuration for the proposed homes. In the sample configuration, side -loaded garages
are shown. The Board finds this criterion met.
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(5) Mix of Housing Styles: A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes,
and affordability is encouraged within neighborhoods and developments. These should be
mixed within blocks, along the street and within neighborhoods rather than
compartmentalized into sections of near identical units.
See discussion under Section 9.09C (2) above.
C) Section 12.02E of the South Burlington Land Development Regulations establishes the following
standards for all site plan applications located along the City's surface waters.
(1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is
generally discouraged.
The Project parcel includes a portion of an existing large Class 2 wetland complex. The project
has been designed to avoid encroachment into the wetland and buffer areas. The applicant is
proposing to install split rail fence to discourage future wetland buffer encroachment.
The Stormwater Section indicated by email on September 7, 2017 that they have no comment on
this application.
D) Section 15.18A of the South Burlington Land Development Regulations establishes the following
general standards for all subdivisions.
(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project in conformance with applicable State and City requirements, as evidenced by a City
water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit
from the Department of Environmental Conservation.
See discussion of water supply and wastewater capacity as it pertains to Article 9 above.
(2) Sufficient grading and erosion controls will be utilized during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous
conditions on the subject property and adjacent properties. In making this finding, the DRB
may rely on evidence that the project will be covered under the General Permit for
Construction issued by the Vermont Department of Environmental Conservation.
See discussion of grading and erosion controls as it pertains to Article 9 above.
(3) The project incorporates access, circulation and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely
on the findings of a traffic study submitted by the applicant, and the findings of any technical
review by City staff or consultants.
See discussion of access, circulation and traffic management strategies as it pertains to Article 9
above.
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(4) The project's design respects and will provide suitable protection to wetlands, streams,
wildlife habitat as identified in the Open Space Strategy, and any unique natural features on
the site. In making this finding the DRB shall utilize the provisions of Article 12 of these
Regulations related to wetlands and stream buffers, and may seek comment from the Natural
Resources Committee with respect to the project's impact on natural resources.
See discussion of wetland protection as it pertains to Article 9 and 12 above
(5) The project is designed to be visually compatible with the planned development patterns in
the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in
which it is located.
The Board finds this criterion met.
(6) Open space areas on the site have been located in such a way as to maximize opportunities
for creating contiguous open spaces between adjoining parcels and/or stream buffer areas.
See discussion of open space areas as it pertains to Article 9 above.
(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to
insure that adequate fire protection can be provided, with the standards for approval
including, but not be limited to, minimum distance between structures, street width, vehicular
access from two directions where possible, looping of water lines, water flow and pressure,
and number and location of hydrants. All aspects of fire protection systems shall be designed
and installed in accordance with applicable codes in all areas served by municipal water.
See discussion of fire protection as it pertains to Article 9 above.
(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting
have been designed in a manner that is compatible with the extension of such services and
infrastructure to adjacent properties.
(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards, absent a specific
agreement with the applicant related to maintenance that has been approved by the City
Council.
See discussion of roads and other facilities as it pertains to Article 9 above.
(10) The project is consistent with the goals and objectives of the Comprehensive Plan for
the affected district(s).
The Board finds this criterion met.
(11) The project's design incorporates strategies that minimize site disturbance and
integrate structures, landscaping, natural hydrologic functions, and other techniques to
generate less runoff from developed land and to infiltrate rainfall into underlying soils and
groundwater as close as possible to where it hits the ground.
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See discussion of stormwater as it pertains to Article 12 above.
E) Energy Standards
The Board notes that all new buildings are subject to the Stretch Energy Code pursuant to Section 3.15:
Residential and Commercial Building Energy Standards of the LDRs.
DECISION
Motion by Matt Cota, seconded by Jennifer Smith, to approve Final Plat Application #SD-17-22 of
Edward G. Hoehn III, subject to the following stipulations:
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.
The plans must be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the
Administrative Officer prior to recording the final plat plan.
a. The Site Plan must be revised to show the corrected lot sizes.
b. The Site Plan must be revised to specify a minimum of 4-inches topsoil thickness in areas
regraded for construction of improvements as required in Section 16.04.
4. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit.
5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
6. 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.
7. The applicant must obtain a zoning permit within six (6) months pursuant to Section 17.04 of the
Land Development Regulations or this approval is null and void.
8. Any changes to the final plat plan will require approval of the South Burlington Development Review
Board.
9. The final plat plan (Plat of Survey) 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.
10. The mylar must be recorded prior to zoning permit issuance.
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11. Prior to issuance of the each zoning permit, the applicant shall post a landscaping bond with a value
of $2,787.50. Planting within each subdivided parcel must be complete within two (2) years of the
issuance of the zoning permit for that subdivided parcel. This bond shall remain in full effect for three
(3) years to assure that the landscaping has taken root and has a good chance of survival.
12. The lots are approved for single family use only without additional approval from the Development
Review Board.
13. Before the issuance of the first zoning permit, the applicant must provide details of the pump
station and must receive DPW approval for the pump station.
14. Prior to issuance of the first zoning permit, the applicant is required to provide a street name for the
shared driveway for E911 purposes.
15. The facades of the proposed buildings shall differ from each other and from the existing building in at
least one fundamental element that is readily apparent to the naked eye from the street. Prior to the
issuance of a zoning permit for any single family dwelling, the applicant must submit to the
Administrative Officer information demonstrating compliance with this condition and with Section
9.09C(2).
16. There shall be no use of herbicides, pesticides, and/or non -organic fertilizers within either the
wetlands or the associated buffers. Prior to issuance of a zoning permit for the first building on the
property, the applicant will be required to record a "Notice of Conditions" to this effect which has
been approved by the City Attorney.
17. There shall be no mowing within 50 feet of the wetlands on the property. Brush -hogging will be
allowed no more than three (3) times per year. Prior to issuance of a zoning permit for the first
building on the property, the applicant will be required to record a "Notice of Conditions" to this effect
which has been approved by the City Attorney.
Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Frank Kochman
Yea
Nay
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 5 — 0 — 0
Signed this 4 day of October 2017, by
Bill Miller, Chair
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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 575 Dorset 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.
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