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HomeMy WebLinkAboutSD-06-87 - Decision - 0026 Weeping Willow Lane#SD-06-87 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING PROVOST — 3-LOT SUBDIVISION 1925 DORSET STREET FINAL PLAT APPLICATION #SD-06-87 Gary and Diane Provost, hereinafter referred to as the applicants, are seeking final plat plan approval to subdivide a 2.68 acre lot developed with a single family dwelling into three (3) lots of 1.18 acres (lot #1), .90 acres (lot #2) and .60 acres (lot #3), 1925 Dorset Street. The Development Review Board held a public hearing on November 7, 2006. Gary Provost was present at the meeting. 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 final plat plan approval to subdivide a 2.68 acre lot developed with a single family dwelling into three (3) lots of 1.18 acres (lot #1), .90 acres (lot #2) and .60 acres (lot #3), 1925 Dorset Street. 2. The subject property is located in the Southeast Quadrant -Neighborhood Residential Transition (SEQ-NRT) Zoning District. 3. The owners of record of the subject property are Gary and Diane Provost. 4. The plans submitted consist of a four (4) page set of plans, page one (1) entitled, "Subdivision Plat Gary Provost Willow Cove Subdivision 1925 Dorset Street South Burlington, Vermont", prepared by Summit Engineering, Inc., dated 10/2/06. - 1 - #S D-06-87 Zoning District & Dimensional Requirements Table 1. Dimensional Reauirements SEQ-NRT Zoning District Requirement/Limitation Proposed Min. Lot Size 12,000 SF 29,500 SF Max. Density 1.2 units/acre base density 1.0 units/acre ♦ Max. Building Coverage 15% 6% ♦ Max. Total Coverage 30% 3% 4. Min. Front Setback 20 ft. ? 4 Min. Side Setback 10 ft. ? 4Min. Rear Setback 30 ft. ? zoning compliance ♦ The applicant has provided the total coverage for Lot 1. No buildings are proposed on lots 2 and 3 at this time; therefore this criterion will be enforced by the administrative officer at such a time as the applicant proposes buildings for the lots. + Lot 1 meets the front, side and rear setbacks for the district. No buildings are proposed on lots 2 and 3 at this time; therefore this criterion will be enforced by the administrative officer at such a time as the applicant proposes buildings for the lots. 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. -2- #SD-06-87 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. (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. No buildings are proposed as part of this application. The administrative officer shall ensure that this criterion is met when issuing zoning permits for the lots. 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. (2) Building lots, streets and other structures shall be located in a manner consistent with the Regulating Plan for the applicable subdistrict 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 typical details of silt fencing and related erosion control notes. -3- #S D-06-87 Given the nature of this project, the plan is acceptable. (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 is a small section of wetlands and wetland buffer on the southwestern edge of the property. No development is proposed within the wetland or wetland buffer. 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 issued comments in a letter dated October 30, 2006. (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. -4- #SD-06-87 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. The City of South Burlington Fire Department has reviewed the plans, met with the applicant, and provided comments to staff. The Fire Chief has stated that the house built on lot 2 shall be sprinklered as it will only be accessed via a private roadway. The Fire Chief is pleased with the new layout of the drive and finds that he will be able to sufficiently maneuver his emergency vehicles. Both the applicant and the Board support the comments. 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. There is 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 Development Review Board may at its discretion approve a roadway or roadways to be private. The applicant is proposing a 20 foot drive located within a 30 foot right-of-way to serve the three lots. This meets the standards outlined in the South Burlington Land Development Regulations 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. -5- #SD-06-87 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 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 Ml #SD-06-87 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). 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. It is unclear if this criterion is being met based on plans provided. The administrative officer shall check that this standard is met when issuing the zoning permit for the units. No zoning permit shall be issued unless this guideline is met. (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. -7- #SD-06-87 Front porches, stoops, and balconies that create semi -private space and are oriented to the street are encouraged. The administrative officer shall check that this standard is met when issuing the zoning permit for the units. (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. It is unclear if this criterion is being met based on the plans submitted. The administrative officer shall check that this standard is met when issuing the zoning permit for the units. No zoning permit shall be issued unless this guideline is met. (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 the plans submitted. (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. This proposed subdivision is located in the southeast quadrant district. Therefore it is subject to the provisions of Section 15.18(B). 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 October 12, 2006. The Fire Chief has already addressed item 1 of the memo regarding street turnaround. #SD-06-87 DECISION Motion by Gayle Quimby, seconded by Roger Farley, to approve Final Plat Application #SD-06-87 of Gary & 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 plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Four (4) copies of the approved revised plans shall be submitted to the Administrative Officer prior to recording. a) The plans shall be revised to comply with the requests of the South Burlington Water Department as outlined in a letter dated October 30, 2006. b) The plans shall be revised to comply with the requests of the City Engineer as outlined in a memorandum dated October 12, 2006 with the exception of items #1 & 2. c) The plans shall be revised to indicate the approved street name (Weeping Willow Lane). 4) The applicant shall adhere to the comments of the South Burlington Water Department as per the letter dated October 30, 2006. 5) The applicant shall comply with the requests of the South Burlington City Engineer as numbered 3-8 as per his memo dated October 12, 2006. 6) The applicant shall receive preliminary wastewater allocation from the Director of Planning and Zoning prior to issuance of a zoning permit. 7) Any house built on Lot 2 shall include residential sprinklers. 8) Any new buildings shall be built in full compliance with Section 9.08 of the SBLDR. 9) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 10) The mylar shall be recorded prior to any permit issuance. 11) Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. #SD-06-87 12) The final plat plan (survey plat) 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 Director of Planning and Zoning. Mark Behr —` a /nay/abstain/not present Matthew Birmingham — yea/nay/abstain not present John Dinklage — ea nay/abstain/not present Roger Farley — e /nay/abstain/not present Eric Knudsen — kpi/nay/abstain/not present Peter Plumeau —_ /nay/abstain not resen Gayle Quimby 4ye /nay/abstain/not presen Motion carried by a vote of Signed this 7 day of Z:!��—John Dinkl e, C �air 2006, by Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 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). -10-