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Home My WebLink AboutSD-17-11 - Decision - 1700 Dorset Street#SD-17-11 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING EDWARD G. HOEHN III-1700 DORSET STREET PRELIMINARY APPLICATION #SD-17-11 FINDINGS OF FACT AND DECISION Preliminary plat application #SD-17-11 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 1.01 acres to 7.98 acres, 1700 Dorset Street. The Development Review Board held a public hearing on June 6, 2017. The applicant was represented by Dean Grover. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant, Edward G. Hoehn, III, seeks to subdivide a 10.29 acre parcel developed with a single family dwelling into three (3) lots ranging in size from 1.01 acres to 7.98 acres, 1700 Dorset Street. 2. The applicant altered the application at the meeting by reducing the number of lots to three (3) instead of the original four (4) that had been applied for initially. 3. The owner of record of the subject property Edward G. Hoehn, III. 4. The application was received on April 19, 2017. 5. The property lies within the SEQ-Village Residential Zoning District. 6. The plan submitted consists of five (5) pages, page one (1) is titled "Site Plan Hoehn Subdivision 1700 Dorset Street South Burlington, VT," prepared by Grover Engineering, PC, dated 4/17/17, and last revised on S/13/17. Zoning District and Dimensional Requirements: SEQ-Village Residential Required Existing Proposed Lot1 Proposed Lot 2 Proposed Lot 3 Min. Lot Size 12,000 sq. ft./single family 448,232.4 sq. ft. 347,609 sq. ft. 43,834 sq. ft. 56,626 sq. ft. ✓Max. Building Coverage 15% 0.6% <15% <15% <15% ✓Max. Overall Coverage 30% 1.6% <30% <30% <30% ✓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. VMin. Rear Setback 30 ft. >30 ft. >30 ft. >30 ft. >30 ft. 1 #SD-17-11 *Building Height (pitched 28 ft. Unknown No change Unknown Unknown roof) ✓Density°" 8 units/acre 0.1 .34 .99 .77 units/acre units/acre units/acre units/acre ✓Proposed to be in compliance *See comments below in Building Orientation section A. Density 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. B. Access 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 that it is 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. C. Building Orientation and Design Section 9.09 of the SBLDR lays out particular standards related to the orientation of housing, mix of housing styles, setbacks, and parking/garages in the SEQ-VR District. 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, and plans to have garages set back a minimum of eight (8) feet from the front building line. Additionally, the two new homes will share a driveway and the garages will be located on the sides of the houses. The example front elevations of the houses proposed for Lots 2-3 show there will be variation among the facades of the proposed houses. At the Final Plat review stage, the applicant should provide clarity regarding the front elevations and height of the proposed homes. 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 planned right of way on Dorset Street, south of Swift Street. The Board finds that the setback requirements will be met. D. Lot Ratios Section 9.09.A.4 states that 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. The Board finds that these ratios satisfy the requirements of Section 9.09.A.4 of the LDRs. 2 #SD-17-11 E. Stormwater Comments The Stormwater Section provided the following comments in an email dated 5/22/2017: "The properties back up to the wetlond and associated buffer. Use of this buffer area is regulated under section 12.02 of the City's Land ➢evelopment Regulations (LDRs). Tile DRB should include a condition that this buffer area not be turned into lawn." The DRB will include the following conditions: a. 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. b. There will be no mowing within 50 feet of the wetlands nor can the wetland buffer be turned into lawn. 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. F. Fire In an email dated May 10, 2017, the Fire Department indicated that there are no concerns associated with the proposed development. G. 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. H. Other The example home layout provided by the applicant show a height of 26 feet, which is below the allowable maximum building height of 28 feet for a pitched roof. 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. DECISION Moved by Matt Cota, seconded by Jennifer Smith, to approve preliminary plat application #SD-17-11 of Edward G. Hoehn, III, 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. 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 3 #SD-17-11 property, the applicant will be required to record a "Notice of Conditions" to this effect which has been approved by the City Attorney. 4. There will be no mowing within 50 feet of the wetlands nor can the wetland buffer be turned into lawn. 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. 5. The plans must be revised to show the all changes below prior to final plat submission: a. The plans shall be revised to combine lot #1 with lot #4. 6. The final plat submission must include information regarding the front elevations and height of the proposed homes pursuant to Section 9.09(C) of the South Burlington Land Use Regulations. 7. The final plat submittal must include E911 addresses for structures in the proposed project, in conformance with local ordinances and Vermont E911 addressing standards. 8. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit. 9. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 10. The applicant must obtain a zoning permit within six (6) months for the first dwelling unit pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 11. 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. 12. The final plat application must be submitted within 12 months from the date of this decision. Mark Behr Yea Nay Abstain Matt Cota Yea Nay Abstain Frank Kochman Yea Nay Abstain Bill Miller Yea Nay Abstain David Parsons Yea Nay Abstain Jennifer Smith Yea Nay Abstain John Wilking Yea Nay Abstain Motion carried by a vote of 6— 0 — 0. Signed this 21 day of June 2017, by Bill Miller, Chair 4 Not Present Not Present Not Present Not Present Not Present Not Present Not Present #SD-17-11 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 to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also 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 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx 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. 61