HomeMy WebLinkAboutSD-09-29 - Decision - 0026 Weeping Willow Lane#SD-09-29
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
GARY AND DIANE PROVOST - 26 WEEPING WILLOW LANE
PRELIMINARY PLAT APPLICATION #SD-09-29
FINDINGS OF FACT AND DECISION
Gary and Diane Provost, hereinafter referred to as the applicants, are seeking
preliminary plat review for a planned unit development on a 1.18 acre parcel developed
with a single family dwelling. The project consists of: 1) converting the single family
dwelling to a two-family dwelling, and 2) constructing an additional two-family dwelling,
26 Weeping Willow Lane.
The Development Review Board held a public hearing on July 21, 2009. Sheila McIntyre
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 applicants are seeking preliminary plat review for a planned unit development on
a 1.18 acre parcel developed with a single family dwelling. The project consists of: 1)
converting the single family dwelling to a two-family dwelling, and 2) constructing an
additional two-family dwelling, 26 Weeping Willow Lane.
2. The owners of record of the subject property are Gary and Diane Provost.
3. The application was received on June 22, 2009
4. The subject property is located in the SEQ NRT Zoning Districts.
5. The plan submitted consists of a two (2) page set of plans, page one (1) entitled, "Site
Plan Gary Provost 26 Weeping Willow Lane South Burlington, Vermont", prepared by
Summit Engineering, Inc., dated 6/16/2009.
Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
SEQ-NRT
Zoning District
Requirement/Limitation
Proposed
Min. Lot Size
12,000 SF
1.18 acres
Max. Density
1.2 units/acre base density
Max. Building Coverage
15%
12.5%
Max. Total Coverage
30%
22.8%
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� Min. Front Setback (Weeping Willow
Lane)
20 ft.
>20 ft
® Min. Front Setback (Dorset Street)
50ft
Approx 20 ft
� Min. Side Setback
10 ft.
> 10 ft
4Min. Rear Setback
J 30 ft.
4
zoning compliance
** The maximum assigned density for the parcel is 1.2 units/acre. However, the
DRB may permit up to 4 units per acre with the transfer of development rights
from lands lying within the SEQ-NRP. The applicant has provided an agreement
to purchase 3 additional development rights to be used for this parcel.
* The lot is a corner lot. Therefore there are two front yards (Weeping Willow Lane
and Dorset Street) and two side yards. There are no rear yards.
O The proposed building does not meet the 50 foot front setback from Dorset
Street. Therefore, they are requesting a front yard setback waiver of 30 feet. The
Board should discuss this request.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comply with the following standards and conditions:
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 standards for this criterion are found below in a review of the regulations of the
Southeast Quadrant.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed subdivision of this property is in conformance with the South Burlington
Comprehensive Plan.
Southeast Quadrant District
This proposed subdivision is located in the southeast quadrant district. Therefore it is
subject to the provisions of Section 9 of the SBLDR.
9.06 Dimensional and Design Requirements Applicable to All Sub -Districts
The following standards shall apply to development and improvements within the
entire Southeast Quadrant Zoning District.
A. Height.
(1) The maximum height of any occupied structure in the SEQ-NRP, SEQ-NRT, or
SEQ-NR sub -district shall not exceed forty-five feet (45'); the waiver provisions of
Section 3.07(E) shall not apply to occupied structures in these sub -districts.
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(2) The maximum height of any occupied structure in the SEQ-VR or SEQ-VC sub-
district shall not exceed fifty feet (50'); the waiver provisions of Section 3.07(E)
shall not apply to occupied structures in these sub -districts.
The applicant is proposing to convert the existing single family home on the property to a
duplex. The applicant is also proposing to construct a new duplex building. The applicant
has stated that both buildings will be below the height limitations of the district.
B. 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
The layout of the proposed creates some contiguous open spaces between the adjoining
parcels. However this open space will not necessarily be dedicated as such. Given the
small size of the parcel, that this criterion can not be met in any greater way.
(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.
This criterion is discussed below in an evaluation of compliance with the SEQ-NRT sub-
district.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing
management shall be established by the applicant.
The applicant is not proposing any open spaces or natural areas on this site
(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 proposed project shall 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 shall meet the standards set forth in Section 16.04 of the South Burlington Land
Development Regulations.
The applicant has submitted a sufficient grading and erosion control 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. Chain link
fencing other than for agricultural purposes shall be prohibited within PUDs; the
use of split rail or other fencing made of natural materials is encouraged.
There do not appear to be any wetland, stream, or natural community areas on the site.
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C. Agriculture. The conservation of existing agricultural production values is
encouraged through development planning that supports agricultural uses
(including but not limited to development plans that create contiguous areas of
agricultural use), provides buffer areas between existing agricultural operations
and new development, roads, and infrastructure, or creates new opportunities for
agricultural use (on any soil group) such as but not limited to community -
supported agriculture. Provisions that enhance overall neighborhood and natural
resource values rather than preservation of specific soil types are strongly
encouraged.
This criterion is not applicable to this application.
D. Public Services and Facilities. In the absence of a specific finding by the
Development Review Board that an alternative location and/or provision is
approved for a specific development, the location of buildings, lots, streets and
utilities shall conform with the location of planned public facilities as depicted on
the Official Map, including but not limited to recreation paths, streets, park land,
schools, and sewer and water 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.
The City of South Burlington Water Department has reviewed the plans and provided
comments in a letter dated July 2, 2009. The applicant shall adhere to these comments
and change the plans where necessary.
(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.
The applicant is not proposing any recreation paths or sidewalks; therefore there is no
extension to adjacent properties. There is a recreation path easement on the opposite
side of Dorset Street.
(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.
Again, the applicant is not proposing any recreation paths or sidewalks. This site does
not warrant sidewalks or recreation paths.
(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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The City of South Burlington Fire Department has stated that they will review the plans
at the next level when more details are available.
E. 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.
The applicant should address the issues of the shared driveway. The sale of future lots
should include language which details of the use and maintenance of the drive.
(1) Roads shall be designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent properties.
The Board finds no need to design the road so as to serve 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.
Because the newly proposed access drive will serve three (3) lots, the DRB may at its
discretion approve a roadway or roadways to be private.
An existing 20 foot private drive located within a 30 foot right-of-way serves the three
lots, as well as the two buildings. This meets the standards outlined in the SBLDR and is
appropriate for the proposal.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent
streets and neighborhoods shall apply.
This criterion is not applicable to this project.
9.09 SEQ-NRT Sub -District, Specific Standards
The SEQ-NRT sub -district has additional dimensional and design requirements, as
enumerated in this Section.
A. Street, Block and Lot Pattern
(1) Development blocks. Development block lengths should range between 300
and 500 linear feet. If longer block lengths are unavoidable blocks 500 feet or
longer must include mid -block public sidewalk or recreation path connections.
This criterion is not applicable to this application. The development as planned is too
small to warrant neighborhood blocks.
(2) Interconnection of Streets. Average spacing between intersections shall be 300
to 500 feet. Dead end streets (e.g. culs de sac) are discouraged. Dead end streets
may not exceed 200 feet in length. Street stubs are required at the end of dead end
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streets to allow for future street connections and/or bicycle and pedestrian
connections to open space and future housing on adjoining parcels per section
15.12(D)(4).
This criterion is not applicable to this application
(3) Street Connection to Adjoining Parcels. Street stubs are required to be built to
the property line and connected to adjacent parcels per section 15.12(D)(4) of
these Regulations. Posting signs with a notice of intent to construct future streets
is strongly encouraged.
This criterion is not applicable to this application.
(4) Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of
1:2.5 to 1:5 recommended.
The proposed project meets this criterion.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and
local) in the VR sub -district are intended to be low -speed streets for local use that
discourage through movement and are safe for pedestrians and bicyclists.
Dimensions for public collector and local streets shall be as set forth in Tables 9-3
and 9-4, and Figures 9-8 and 9-9 below.
(2) Sidewalks. Sidewalks must be a minimum of five feet (5') in width with an
additional minimum five-foot planting strip (greenspace) separating the sidewalk
from the street. Sidewalks are required on one side of the street, and must be
connected in a pattern that promotes walkability throughout the development. The
DRB may in its discretion require supplemental sidewalk segments to achieve this
purpose.
This criterion is not applicable.
(3) Street Trees; see Section 9.08(B)(3)
Street trees are required along all streets in a planting strip a minimum of five feet
wide. Street tress shall be large, deciduous shade trees with species satisfactory
to the City Arborist. Street trees to be planted must have a minimum caliper size
of 2.5 to 3 inches DBH, and shall be planted no greater than thirty feet (30') on
center.
This criterion is not applicable.
(4) On -street parking; see Section 9.08(B)(4).
There is no on -street parking proposed.
(5) Intersection design. Intersections shall be designed to reduce pedestrian
crossing distances and to slow traffic; see Figure 9-6 and Section 9.08(B)(5).
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There are no street intersections as part of this proposal and so this criterion is not
applicable.
(6) Street and sidewalk lighting. Pedestrian -scaled light fixtures (e.g., 12' to 14')
shall be provided sufficient to ensure pedestrian safety traveling to and from
public spaces. Overall illumination levels should be consistent with the lower -
intensity development patterns and character of the SEQ, with lower, smoother
levels of illumination (rather than hot -spots) and trespass minimized to the lowest
level consistent with public safety.
This criterion is not applicable.
C. 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). A minimum of thirty five percent (35%)
of translucent widows and surfaces should be oriented to the south.
(2) Building Fagades. 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.
(3) Front Building Setbacks. In pedestrian districts, a close relationship between
the building and the street is critical to the ambiance of the street environment.
Buildings should be set back twenty-five feet (25') from the back of sidewalk.
Porches, stoops, and balconies may project up to eight feet (8') into the front
setbacks.
(4) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. The
front building line of the garage must be set behind the front building line of the
house by a minimum of eight feet. Rear Alleys are encouraged for small lot single-
family houses, duplexes, and townhouses.
It is unclear if this criterion is being met based on plans provided. The Development
Review Board should discuss this issue and decide whether or not they wish to review
building design. They may do so, as a whole of the four criterion above, or for specific
criteria, or may waive this authority.
(5) Mix of Housing Types. A mix of housing types is encouraged within
neighborhoods and developments. Housing types should be mixed within blocks,
along the street and within neighborhoods rather than compartmentalized into
sections of identical housing types.
This subdivision is currently too small for this criterion to be applicable; however, it
appears that there are two duplexes and two single family homes.
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This proposed subdivision is located in the southeast quadrant district. Therefore it is
subject to the provisions of Section 15.18(B).
The Board finds that the proposed subdivision is in compliance with all provisions of this
section.
Other
The City Engineer has reviewed the plans and provided comments in a memo dated
June 30, 2009.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations,
any PUD shall require site plan approval. Section 14.06 establishes the following general
review standards for all site plan applications:
The site shall be planned to accomplish a desirable transition from structure to
site, from structure to structure, and to provide for adequate planting, safe
pedestrian movement, and adequate parking areas.
The Board has no concerns regarding the adequacy of parking on site as presented. Per
the land development regulations, two parking spaces are required for each dwelling
unit, plus an additional one space per four dwelling units. Eight spaces are provided for
the two duplex units.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The proposed parking locations are adequate given the use of the building as single and
two-family residential.
Without restricting the permissible limits of the applicable zoning district, the
height and scale of each building shall be compatible with its site and existing or
adjoining buildings.
The scale of the proposed buildings is compatible with the site. According to Section
3.07 of the South Burlington Land Development Regulations, the maximum height of the
buildings in this PUD shall not exceed 40 feet. The proposed building heights are below
35 feet.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
The Board has already indicated that any newly installed utility lines, services, or service
modifications shall be underground.
The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual
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interruptions to create attractive transitions between buildings of different
architectural styles.
Proposed structures shall be related harmoniously to themselves, the terrain and
to existing buildings and roads in the vicinity that have a visual relationship to the
proposed structures.
These criteria have been addressed as part of the SEQ subsection review.
In addition to the above general review standards, site plan applications shall meet the
following specific standards as set forth in Section 14.07 of the South Burlington Land
Development Regulations:
The reservation of land may be required on any lot for provision of access to
abutting properties whenever such access is deemed necessary to reduce curb
cuts onto an arterial of collector street, to provide additional access for
emergency or other purposes, or to improve general access and circulation in the
area.
Although there are developments on two sides of the subject property, there are no
feasible opportunities to provide access to abutting properties as part of this proposal.
Electric, telephone and other wire -served utility lines and service connections
shall be underground. Any utility installations remaining above ground shall be
located so as to have a harmonious relation to neighboring properties and to the
site.
The Board has already indicated that any newly installed utility lines, services, or service
modifications shall be underground.
All dumpsters and other facilities to handle solid waste, including compliance with
any recycling or other requirements, shall be accessible, secure and properly
screened with opaque fencing to ensure that trash and debris do not escape the
enclosure(s).
The plans do not show any solid waste facilities. The applicant has indicated that trash
is to be maintained by individual home -owners.
Landscaping
As the proposal is a PUD, there is generally a minimum landscaping requirement
Pursuant to Section 13.06 of the Land Development Regulations, the applicant must
submit a detailed landscaping plan. In addition, the applicant is required to submit a
landscape budget in accordance with Table 13-9 of the Land Development Regulations,
to ensure that the minimum landscaping requirement is being met.
Based on $285,000 in building costs for the new building, the minimum landscaping
budget shall be $8200. The applicant has submitted a landscaping budget of $2,026 and
is seeking a waiver of the remaining $6174. The Board grants a partial waiver,
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recommending that the applicant add a few deciduous trees to what is a fairly open
property.
Other
The Board has recently discovered that the state statutes governing transfer of
development rights require that the sending parcel submit a survey plat detailing where
the development rights are being acquired from. The applicant should be prepared to do
this prior to final plat approval.
DECISION
//t f
Motion by V A� QU/*6L, seconded by &G4 FA6U
to approve Preliminary Plat Application #SD-09-29 of Gary and Diane Provost, subject to
the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended
herein.
2. This project shall be completed as shown on the plat submitted by the applicant and
on file in the South Burlington Department of Planning and Zoning.
3. The plat plans shall be revised prior to final plat submittal as follows:
a. The plans shall be revised to incorporate the recommendations of the
Water Department in a letter dated July 2, 2009 addressed to the
applicant's engineer.
b. The plans shall be revised to add a few deciduous trees to the open
areas of the property.
4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
5. 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.
6. The applicant shall adhere to the comments of the South Burlington Water
Department per the memo dated July 2, 2009.
7. The applicant shall receive final wastewater allocation from the Director of Planning
and Zoning prior to issuance of a zoning permit.
8. The South Burlington Fire Chief shall review all future sets of plans and provide
comments.
9. The applicant shall adhere to the comments of the South Burlington City Engineer
per the memo dated June 30, 2009.
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10. The City Arborist shall review the landscaping plans and provide comments.
11. All exterior lighting shall be in conformance with the SBLDR.
12. Prior to permit issuance, the applicant shall post a $8,200 landscaping bond. 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.
13. The Board grants a credit for existing landscaping, the exact amount to be
determined prior to final plat approval.
14. The Board grants a 30 foot front setback waiver from Dorset Street for the proposed
two-family dwelling.
15. The final plat application shall be submitted within 12 months of this decision.
Mark Behr —(yet/nay/abstain/not present
Matthew Birmingha — re nay/abstain/not present
John Dinklage
/nay/abstain/not present
Roger Farley — e
nay/abstain/not present
Eric Knudsen —
nay/abstain/not present
Gayle Quimby — e
/nay/abstain/not present
Motion carried by a vote of (Q- O - O
Signed this Zday of �� 2009, by
John Dinklage, Chairma
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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