HomeMy WebLinkAboutSD-06-76 - Decision - 0026 Weeping Willow Lane#SD-06-76
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
GARY PROVOST - 3 LOT SUBDIVISION -1925 DORSET STREET
PRELIMINARY PLAT APPLICATION #SD-06-76
FINDINGS OF FACT AND DECISION
Gary and Diane Provost, hereinafter referred to as the applicants, are seeking
preliminary plat plan approval to subdivide a 3.1 acre lot developed with a single family
dwelling into three (3) lots of 1.35 acres (lot #1), .99 acres (lot #2) and .68 acres (lot #3),
1925 Dorset Street. The Development Review Board held a public hearing on
September 5, 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 re seeking preliminary plat plan approval to subdivide a 3.1 acre
lot developed with a single family dwelling into three (3) lots of 1.35 acres (lot
#1), .99 acres (lot #2) and .68 acres (lot #3), 1925 Dorset Street.
2. This project was reviewed at the sketch plan level on June 6, 2006.
3. The owners of record of the subject property are Gary and Diane Provost.
4. The subject property is located in the Southeast Quadrant Neighborhood
Residential Transition (SEQ-NRT) Zoning District.
5. The plans submitted consist of a three (3) page set of plans, page one (1)
entitled, "Subdivision Site Plan Gary Provost 1925 Dorset Street South
Burlington, Vermont", prepared by Summit Engineering, Inc., dated 8/2/06.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
SEQ-NRT
Zonin District
RequirementlLimitation
F
Proposed
4 Min. Lot Size
12,000 SF
29,500 SF
4 Max. Density
1.2 units/acre base density
1.0 units/acre
♦ Max. Building Coverage
15%
6%
♦ Max. Total Coverage
30%
3%
• Min. Front Setback
20 ft.
?
+ Min. Side Setback
10 ft.
?
4Min. Rear Setback
30 ft.
?
�l 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 comaly with the followina 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
subiect to the provisions of Section 9 of the SBLDR.
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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
subdistrict.
(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.
However, the applicant has not yet submitted an erosion control plan. It is unclear where
the silt fencing and other erosion control details are proposed. This should be revised prior
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to final plat approval
(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 August 20, 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,
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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. The 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 has reviewed the plans and provided comments in a letter
dated August 25, 2006.
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 road does not need to be designed 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.
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 Development
Regulaitons and is appropriate for the proposal.
Vermont enhanced 9-1-1 standards state that a road or driveway serving three (3) or more
units, shall be a named roadway. The applicant shall submit a proposed road name to the
City's enhanced 9-1-1 coordinator for approval by the South Burlington Planning
Commission. The post office requires that the road name be unique to both Burlington and
South Burlington.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent
streets and neighborhoods shall apply.
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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
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
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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).
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.
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(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.
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
August 18, 2006.
DECISION
#SD-06-76
Motion by NJU V 01 11A Jseconded by ((X1 A to
approve PreliminarV Plat Ap lication�# D-06-76 of Gary & Uane Provost 4bject 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, prior to final plat submittal:
a) The plans shall be revised to comply with the requests of the South Burlington
Fire Department as outlined in a letter from Chief Douglas Brent dated August
25, 2006.
b) The plans shall be revised to comply with the requests of the City Engineer as
outlined in his memorandum dated August 18, 2006.
4) The applicant shall adhere to the comments of the South Burlington Fire Department as
per the letter dated August 25, 2006.
5) The applicant shall comply with the requests of the South Burlington City Engineer as
outlined in his memorandum dated August 18, 2006.
6) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
7) The applicant shall submit a grading and erosion control plan prior to final plat approval.
The plan shall meet the standards set forth in Section 16.03 and 16.04 of the South
Burlington Land Development Regulations.
8) The applicant shall adhere to the comments of the South Burlington Water Department
as per the letter dated August 20, 2006,
9) The applicant shall receive preliminary wastewater allocation from the Director of
Planning and Zoning prior to issuance of a zoning permit.
10) Any new buildings shall be built in full compliance with Section 9.08 of the South
Burlington Land Development Regulations.
11) The applicant shall submit a road name for the new access drive to the E-911
coordinator for approval by the South Burlington Planning Commission prior to final
plat submittal. The name shall be unique to both Burlington and South Burlington.
12) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
13) The final plat application shall be submitted within twelve (12) months.
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Mark Behr — 0/nay/abstain/not present
Matthew Birmingham — re/nay/abstain/not present
John Dinklage — /nay abstain/not present
Roger Farley — 0nay/abstain/not present
Eric Knudsen — /nay/abstain/not present
Peter Plumeau —/nay/abstain/not present
Gayle Quimby — e nay/abstain/not present
Motion carried by a vote of �4- - (L-()
Signed this J day of , ¢-,_ 2006, by
John Dinklage, Chair
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).
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