HomeMy WebLinkAboutSD-19-23 - Supplemental - 0047 Cheesefactory Road (7)CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SD-19-23_47 Cheesefactory Rd_Maynard_SK_2019-09-04.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: August 30, 2019
Plans received: July 25, 2019
47 CHEESEFACTORY ROAD
SKETCH PLAN APPLICATION #SD-19-23
Meeting Date: September 4, 2019
Owner
Hickory Hillside LLC
32 Main Street, Suite 302A
Chatham, NY 12534
Applicant/Engineer
Tyler Maynard
163 Revell Drive
Lincoln, VT 05443
Property Information
Tax Parcel 0360-00047
SEQ Zoning District- Natural Resource Protection
69 acres
Location Map
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PROJECT DESCRIPTION
Sketch plan application #SD-19-23 of Tyler Maynard to subdivide an approximately 69 acre parcel into four lots of 66.1 acres (Lot 1), 0.8 acres (Lot 2), 0.8 acres (Lot 3) and 1.1 acres
(Lot 4) for the purpose of constructing a single family home on each of Lots 1, 2 and 3, conserving the unbuilt portion of Lot 1, and constructing a private access road on Lot 4, 47
Cheesefactory Road.
PERMIT HISTORY
The Project is located in the Southeast Quadrant Natural Resource Protection district. The applicant is proposing a four lot subdivision. The subdivision is largely governed by LDR
9.12, which allows lots that have been in existence since June 22, 1992 to be subdivided and developed with one or more detached single family units subject to conditional use review
if they meet certain standards, discussed below. This property has been in existence in its current form since before June 22, 1992 therefore subdivision is allowed.
COMMENTS
Development Review Planner Marla Keene and Planning and Zoning Director Paul Conner (“Staff”) have reviewed the plans submitted and offer the following comments. Numbered items for the
Board’s attention are in red.
CONTEXT
Development within the SEQ-NRP district is permissible pursuant to a conservation plan approved by the Development Review Board (Section 9.12A (2))). Section 9.12B further states that
the DRB may allow a subdivision of no more than three (3) lots and construction of one (1) single family dwelling unit on each of the lots except where there is sufficient space to
develop three units outside the natural resource protection (NRP) zoning district. This entire lot is located in the SEQ-NRP therefore three lots with a dwelling unit on each are allowed.
No portion of the development may be within a primary natural community or its related buffer. Such development is subject to DRB approval of a conservation plan that balances development
or land utilization and conservation.
On an overall basis, the applicant proposes to construct three homes with a shared driveway, and a separate access road for the purpose of accessing a separately owned parcel located
south of the subject property. The applicant is proposing that the three homes be relatively clustered together, and that the remaining lands remain in agricultural use.
DIMENSIONAL REQUIREMENTS
The Project is located in the Southeast Quadrant - Natural Resource Protection (SEQ-NRP) district. The applicant has not provided an engineering plan showing proposed lot coverages
or setbacks, but from the schematic drawing provided and discussion with the applicant, the proposed development appears to meet the dimensional standards.
SEQ-NRP
Required
Proposed Lot #1
Proposed Lot #2
Proposed Lot #3
Proposed Lot #4
Min. Lot Size
12,000 sf
66.14 ac
36,155 sf
36,155 sf
48,787 sf
(Max. Building Coverage
15%
Unknown
(Max. Overall Coverage
30%
(Min. Front Setback
20 ft.
(Min. Side Setback
10 ft.
(Min. Rear Setback
30 ft.
(Building Height (pitched roof)
28 ft.
SUBDIVISION STANDARDS
All subdivisions for more than a single or two family residence in the SEQ district are required to be a PUD. As a PUD, the applicant is requesting certain waivers, discussed under
SEQ standards below.
WATER AND WASTEWATER
The applicant is proposing to provide on-site water and wastewater systems. There are no municipal water or wastewater systems available to serve the property.
ACCESS & CIRCULATION
The Applicant is proposing to reuse an existing curb cut currently used to access the property for agricultural purposes. The homes will be accessed via a single curb cut. Staff considers
this configuration adequately protective against congestion on adjacent roads, but that it may not be best configured to reduce impacts of the proposed development on conservation areas,
a goal of the NRP district. Access is discussed below under SEQ standards.
WETLANDS
The applicant performed a wetland survey. No wetland impacts are proposed.
OPEN SPACE
The applicant is proposing to cluster the three homes near the north end of the site. The applicant has provided the following narrative supporting their selection for the location
of the homes.
Lots 1, 2 and 3 will be building lots, with permitted wastewater and water supply systems to support up-to four-bedrooms each. Locating building lots involved many factors: impact to
agricultural land, view shed from Cheese Factory Road and Hinesburg Road (Route 116), wetland impact, ease of building and water/wastewater abilities. The location selected provides
the best option for all of these factors. The land chosen is much steeper than other more agriculturally workable land. A large cluster of trees set up on a rocky terrace on the northeastern
portion of the parcel provide a view block with Cheesefactory Rd. There are some views from Route 116, but this view shed line can be minimized with existing and proposed trees.
The location has zero impact on any wetland or wetland buffers. Residences will be able to build without need to blast through ledge. Due to the 10-14% slope, wastewater water mound
systems will be able to be shorter than if they were placed on flatter ground, which allows them to each be on their own lot and not need extra easements or larger lot boundaries.
The applicant has indicated they intend to conserve 60+ acres of the property. Staff recommends the Board ask the applicant to provide a written conservation plan for review and approval
at the next stage of review.
FIRE PROTECTION
Because the homes will be located greater than 150-feet from a public right of way, all homes must have a 13D compliant sprinkler system.
ROADS
The roadway to access the three homes is allowed as a private road as it serves five or fewer dwelling units.
Staff recommends the Board discuss with the applicant the need to configure the road end such that it meets one of the allowable street end alternatives in 15.12J. Staff considers whichever
end treatment results in the least amount of disturbance to be the preferred alternative. The minimum dimensional standards of Table 15-1 must also be met.
The Board approved a final plat application (SD-19-04) for 133 Cheesefactory Lane to develop four homes (one in South Burlington and three in Shelburne) which would be accessed by a
proposed private roadway off Cheesefactory Lane. This application proposes a private roadway on Lot 4 replace the previously approved access to those lots. Staff considers in order
to approved the proposed private roadway on Lot 4, the Board would have to find the roadway consistent with the conservation purpose of the NRP district.
Staff recommends the Board discuss whether allowing an alternative access to the parcel to the south is consistent with the conservation purposes of the district. Staff has provided
in the packet for the Board a plan showing the approved access for the parcel to the South. Staff notes the access proposed as part of this application eliminates approximately 550
ft of private roadway, including a wetland crossing, but results in construction of approximately 920 ft of new private roadway, therefore resulting in greater land impacts than the
approved impact.
A discussion of whether the proposed private roadway can be on it’s own lot is included below under SEQ-NRP standards.
SEQ STANDARDS
The SEQ-NRP district has certain restrictions on the type of development which may occur, discussed below.
HEIGHT
The maximum height for single family homes with a pitched roof in the SEQ-NRP district is 28 feet. Height waivers are not permissible within this district.
CONSERVATION (INCLUDES OPEN SPACE AND AGRICULTURAL STANDARDS)
Staff considers that through the conservation of 60 acres and the restriction of development to a limited portion of the existing parcel, the project meets the conservation, open space
and agricultural goals of the district, whose purpose are to enhance overall neighborhood and natural resource values.
9.06B(3) requires the applicant to provide a plan for ongoing management of open spaces and/or natural areas. Staff recommends the Board request the applicant provide such a plan at
the next stage of the review.
SEQ-NRP STANDARDS
Where the lot is fifteen (15) acres or more in contiguous area, the Development Review Board may allow a subdivision of no more than three (3) lots and construction of one (1) single
family dwelling unit on each of these lots.
As described above, the applicant may subdivide the lot into up to three lots with a single family dwelling unit on each of the lots. The applicant is proposing four lots. The applicant
has requested a waiver to allow the fourth lot to be subdivided. They have indicated that if the Board does not allow a subdivision but considers the roadway acceptable, they would
propose an easement. Staff recommends that though the Board has the authority to grant such a waiver as a PUD, Staff use this authority judiciously since this requirement only applies
in the SEQ-NRP, and this project is only a PUD because development of more than one home requires consideration as a PUD in the SEQ.
Staff recommends the Board discuss the applicant’s request for a four-lot subdivision.
The development is subject to the following additional provisions
Each lot have a minimum size of 12,000 sq ft per dwelling unit – this standard appears to be met
The development may not be located within a primary natural community or its related buffer – This standard refers to the natural communities identified in the 2005 Arrowwood Environmental
Report. The natural communities map is included in the packet for the Board.
Structures must be located no more than 100 feet from any other structure – The applicant has requested a waiver of this standard to allow homes to be located in a line, with the homes
approximately 100-feet apart in a line, placing the outermost homes more than 250 feet apart. As above, Staff recommends that though the Board has the authority to grant such a waiver
as a PUD, Staff use this authority judiciously since this requirement only applies in the SEQ-NRP, and this project is only a PUD because development of more than one home requires
consideration as a PUD in the SEQ. Staff notes strict compliance with this standard would yield homes in a triangular configuration, and would result in a clustered development.
Staff has excerpted the Applicant’s reasoning for requesting this waiver below, and recommends the Board provide feedback to the applicant on whether they would consider granting this
waiver.
Hickory Hillside LLC is requesting a waiver to allow the residences to be built 100’ apart from one another, but not be built 100’ apart from both other residences. In order for the
wastewater disposal fields to work, they need to be built behind each residence. That requires the house site to be located in a line formation instead of a circular or triangular
cul-de-sac style configuration.
The dwelling units shall be detached single family dwellings – this standard appears to be met
Such subdivision plan shall be subject to the DRB’s approval of a conservation plan in a form acceptable tot the City Attorney that permanently encumbers the land against further land
subdivision and development – As discussed above, the applicant must provide this at the next stage of review.
RECOMMENDATION
Staff recommends that the Board discuss the Project with the applicant and close the meeting.
Respectfully submitted,
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Marla Keene, Development Review Planner