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HomeMy WebLinkAboutSD-18-05 - Supplemental - 0133 Cheesefactory LaneCITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SD-18-05_133 Cheesefactory_Ewing_SK_2018-02-20.docx SD-18-05 Staff Comments DEPARTMENT OF PLANNING & ZONING Report preparation date: February 16, 2018 Plans received: January 22, 2018 133 CHEESEFACTORY LANE SKETCH PLAN APPLICATION #SD-18-05 Meeting Date: February 20, 2018 Owner Applicant Linka R. Lee Living Trust, Peter N. Ewing Sawyer W. Lee Living Trust, 21 Old Homestead Rd. The Ewing Farm Trust Westford, MA 01886 133 Cheesefactory Ln Shelburne, VT 05482 Propertv Information Tax Parcel 0360-00020, 0860-01753 SEQ Zoning District- Natural Resource Protection 8.06, 10.90 acres Location Map Engineer Trudell Consulting Engineers 478 Blair Park Road Williston, VT 05495 southburlinaon PLANNING & ZONING 1of7 SD-18-05 Staff Comments PROJECT DESCRIPTION Sketch plan application #SD-18-05 of Peter Ewing to subdivide an 10.9-acre undeveloped parcel into two (2) lots of 2.13 acres (Lot #1) and 8.77 acres (Lot #2), 133 Cheesefactory Lane. PERMIT HISTORY The Project is located in the Southeast Quadrant Natural Resource Protection district. The applicant is proposing a two lot subdivision in South Burlington and a three lot subdivision in Shelburne. Staff has coordinated with Shelburne staff to ensure the permit processes proceed in a compatible manner. At the Shelburne pre -application conference on October 15, 2017, the Shelburne DRB indicated that in order for the Project to proceed, the applicant would need to demonstrate that access could be provided to the parcels. Due to the presence of wetlands in Shelburne, access to the Shelburne parcels can only be achieved via Cheesefactory Lane in South Burlington. Access is discussed later in this document. The Project must receive preliminary plat approval in South Burlington prior to proceeding with its Shelburne applications. COMMENTS Administrative Officer Ray Belair and Development Review Planner Marla Keene ("Staff") have reviewed the plans submitted on January 19, 2018 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 9.12E further states that a lot less than fifteen acres in size may be developed with no more than one (1) single family dwelling unit as long as no other developable portion of the lot is located in a different district, that no portion of the development is 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 intends to construct two homes in South Burlington and three homes in Shelburne. The subdivided South Burlington parcel will be developed with one residence on the resulting 2.13 western lot (Lot #1), and the resulting 8.77 acre eastern lot (Lot #2) will be conserved. The applicant is also proposing to construct a residence on the existing lot immediately west of the subject parcel (Existing Lot). Finally, the applicant is proposing three homes in Shelburne, each on a single lot ranging from 5.5 acres to 6.7 acres, with the remaining lands conserved. Staff estimates the amount of land to be conserved in Shelburne is approximately 85 acres. These 85 acres would be contiguous to Shelburne lands previously conserved through joint efforts of the City, Town, and adjoining property owners. Staff and Shelburne Staff consider that multiple elements must come together for this project to be successful. First, this project must provide a net benefit to the affected municipalities because of the resulting conserved land. Second, the applicant must be able to develop the proposed five dwelling units (two in South Burlington and three in Shelburne) in order for conservation to be feasible. Finally, the design of the roadway for maintenance and access for emergency services must be acceptable for the Department of Public Works and Fire Department, respectively. southburlinaon PLANNING & ZONING 2of7 SD-18-05 Staff Comments The Shelburne portion of the Project is located in the Rural District, which has a maximum density of one unit per five acres. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS The Project is located in the Southeast Quadrant - Natural Resource Protection (SEQ-NRP) district. The SEQ-NRP district has certain restrictions on the type of development which may occur, discussed under SEQ standards below. In addition, the dimensional standards are as follows. The applicant has not provided an engineering plan showing proposed dimensions, but from the schematic drawing provided and discussion with the applicant, the proposed development appears to meet the dimensional standards. SEQ-NRP Required Existing Proposed Lot #1 Proposed Lot #2 Min. Lot Size 12,000 sf 15% 30% 474,804 sf 0% 0% 92,783 sf <1% 2% 382,021 sf N/A N/A ✓Max. Building Coverage ✓Max. Overall Coverage ✓Min. Front Setback 20 ft. N/A Unknown N/A ✓Min. Side Setback 10 ft. N/A Unknown N/A ✓Min. Rear Setback 30 ft. N/A Unknown N/A ✓Building Height 28 ft. N/A Unknown N/A The proposed building on the existing lot west of the lot to be subdivided is not subject to development review board review. SUBDIVISION STANDARDS WETLANDS The applicant performed a wetland survey on the portion of the Site affected by the proposed development. Staff considers that a wetland survey on the remainder of the Site is not necessary for the proposed subdivision. The applicant has obtained a wetland general permit from the Vermont Agency of Natural Resources (Permit no. 2014-480) for construction of a 12-foot wide driveway. 1. The wetland permit is fora 12 foot wide driveway but the minimum standard for private roadways is twenty (20) feet as described in Section 15.12E(2). Additional roadway requirements are discussed later in this document. Staff recommends the Board discuss with the applicant that they will need to amend their wetland permit and that a state wetland permit for the proposed impacts is a required element for DRB approval. Staff is waiting for confirmation from the Deputy Fire Chief on whether the Fire Department could accept 18 feet width for the approximately 135 feet of wetland crossing and 100 feet of wetland buffer crossing. OPEN SPACE The applicant is proposing to construct an approximately 2,000 sf house with a 12-foot wide driveway on the existing lot, and a 575 sf house with a 12-foot wide driveway on Lot #1. The applicant has indicated southburlinoon PLANNING & ZONING 3of7 SD-18-05 Staff Comments to Staff that they intend to include buildable areas on subsequent application plans to restrict development to the general vicinity of where the proposed homes are shown. The Board has the authority to designate these buildable areas as the only areas on which buildings, parking areas, accessory features and yards may be developed. These areas will ensure that the remainder of the development parcels remain open space, in addition to the land to be formally conserved to the east. 2. Staff recommends that the Board confirm with the applicant that a buildable area would establish the area of the property which would be used for all buildings, yards, parking areas and all other accessory features such as sheds or swimming pools, while the remainder of the area will remain in a natural state. 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 Cheesefactory Lane is a public roadway which becomes private where it crosses the South Burlington/Shelburne line. The private road across the South Burlington/Shelburne line serves two homes. There is also a private road extending east from the end of the public segment which currently serves one home and one large detached garage. The proposed homes in South Burlington, and the proposed homes in Shelburne, will share a new access which will extend from the private section of Cheesefactory Lane. 3.05 Lots B. Lots with No Road Frontage (2) The Development Review Board may approve subdivision or development of lots with no frontage on a public street, as long as access to such a street by a permanent easement or right-of-way at least twenty (20) feet in width is provided, according to the following procedures: (a) .. (b) Conditions of Approval. Any application to create a new lot with no road frontage shall be subject to the requirements and major subdivision criteria of Article 15 of these Regulations in addition to this section. (i) Number of lots and/or dwelling units on a private right-of-way. The Development Review Board shall limit the number of developable lots on a private right-of-way to three (3) and/or the number of multi family units to ten (10), whichever is less, beyond which a public street shall be required (See Article 15, Subdivision). The Development Review Board shall require a public street if the number of developable lots is greater than three (3) and/or the number of multi family units is ten (10) or more, whichever is less. The Development Review Board may also limit the length of a private right-of-way, and may impose other conditions as may be necessary to assure adequate emergency access to all lots and dwelling units. (ii) The Development Review Board may require a right -of way wider than the twenty (20) foot minimum if it is to serve more than one (1) lot. (iii) The Development Review Board may impose conditions to insure the maintenance and permanency of a private right-of-way and to insure that a right-of-way will not place a burden on municipal services. south-,Ainaon PLANNING & ZONING 4of7 SD-18-05 Staff Comments Staff considers that the existing configuration with two homes off the private right of way in Shelburne and one home and one garage off the private right of way in South Burlington complies with the Land Development Regulations. However, the proposed subdivision to create two home lots in South Burlington and three home lots in Shelburne would result in six lots off a private right of way, which would not be allowed. 15.12 Standards for Roadways, Parking and Circulation D. Criteria for Public and Private Roadways (3) Private Roadways allowed. The DRB may at its discretion approve a roadway or roadways within a subdivision or PUD to be private if one or more of the following situations applies: (a) (b) not applicable (c) The proposed roadway serves five (5) or fewer single-family or duplex dwellings, an any combination of the two types of dwellings. In addition to the private roadway not meeting the lot criteria of Section 3.05, the proposed roadway would serve six homes, for which a private roadway is not allowed according to Section 15.12. The maximum number of homes off a private roadway is five. Therefore the proposed development project must be located off a public road at least to the point where there are five or fewer homes accessed by the roadway. Staff considers that the City of South Burlington does not benefit by the extension of a public roadway for the purposes of creating home lots in Shelburne. However, as part of the proposed subdivision the applicant is proposing to place greater than 90 acres into conservation, which is consistent with the open space and conservation goals of the comprehensive plan discussed below. Therefore Staff would consider it desirable to accept a short segment of public roadway in order to allow the Project to proceed. In order to limit the number of homes on the private segment of roadway to five in accordance with Section 15.12, the necessary public roadway segment begins where the private roadway extends east from the end of the public segment and ends at the proposed beginning of the private roadway, approximately 260 feet. The applicant would need to construct improvements to the segment such that the segment meets the standards for acceptance as a public road, including conformance with the cross - sectional requirements of Figure 15-1A. 3. Because of the conserved land, Staff recommends the Board discuss with the applicant the need to provide sufficient width to allow parking for a few cars (three to five) along the public segment for public wishing to use the conserved land. Since no development was contemplated in the SEQ Natural Resource Protection district, there are no street design criteria for this district as there are for the other SEQ districts. Therefore the public roadway would be subject to the minimum pavement width for a public road outside the SEQ district, which is 28- feet. Staff and DPW have reviewed and consider that 20-feet would be appropriate for this private access road, consistent with the minimum dimension in other SEQ districts. 4. Staff recommends that the Board consider whether they would grant the applicant a waiver to construct the public roadway at 20 feet wide, 28 feet where parking exists, for consistency with other local roadways within the SEQ. Staff has confirmed that DPW would support such a waiver. southburlinoon PLANNING & ZONING 5of7 SD-18-05 Staff Comments The proposed access drive to the home on the existing lot, the home on Lot #1, and the three homes in Shelburne would then need to meet the standards for a private roadway. All private roadways must be a minimum of 20 feet wide (26 feet with parking) and conform to the cross -sectional requirements of Figure 15-1A. 5. At the end of the public segment of roadway, Staff recommends the Board require the applicant to construct a turn -around with the geometry as shown in Figure 15-1G. CONFORMANCE WITH COMPREHENSIVE PLAN The Project is located in the area identified in the 2016 Comprehensive Plan as subject to Objective #60 and Strategies #135 and #137, as follow. Objective 60: Give priority to the conservation of contiguous and interconnected open space areas within this quadrant outside of those areas [districts, zones] specifically designated for development. Strategy 13S: Continue to work with Shelburne on strategies to create a conserved agricultural and natural area, with appropriate public access and paths, from Shelburne Pond and Pond Road north to the Cider Mill development, consistent with the goals of the Open Space Strategy. Strategy 137: Through the development review process, land conservation initiatives, and development of Zoning Map amendments for the SEQ work towards the addition of supplemental conserved areas adjacent and connected to existing open space lands. Staff considers that the conservation of eight acres in South Burlington and approximately 85 acres in Shelburne meets the objectives and strategies of the comprehensive plan. 6. Staff recommends the Board discuss with the applicant that a draft agreement for conservation of the proposed land will be required to be submitted with the preliminary plat application. SEQ STANDARDS HEIGHT The maximum height for single family homes in the SEQ-NRP district is described in Table C-2. Height waivers are not permissible within this district. CONSERVATION (INCLUDES OPEN SPACE AND AGRICULTURAL STANDARDS) Staff considers that through the conservation of 8 acres (Lot #2) and the restriction of development to a limited portion of the remaining 2 acres (Lot #1), and the restriction of development on the adjacent parcel (Existing Lot), the project meets the conservation, open space and agricultural goals of the district, whose purpose are to enhance overall neighborhood and natural resource values. CIRCULATION This standard focuses on safety and connectivity for pedestrians, bicycles, vehicles, school transportation and emergency services. Staff considers that since the roadway is proposed to serve only six homes, the street end configuration included in Section 15.12 and discussed above satisfies this criterion. This standard references Section 15.12D(4) which requires that if a roadway or connection to an adjacent property may or could occur in the future, the DRB shall require the applicant to construct the roadway southburlinoon PLANNING & ZONING 6of7 SD-18-05 Staff Comments to the property line or contribute to the cost of completing the roadway connection. Staff considers that since the land south of the subject property in Shelburne has already been conserved, no roadway connection could occur in the future. SEQ-NRP STANDARDS The supplemental regulations for the SEQ-NRP district stipulate that only one home may be developed on each of the lot to be subdivided and on the existing lot because each lot is less than fifteen acres. Proposed Lot #2, once subdivided, may not be developed since it did not exist before June 22, 1992. RECOMMENDATION Staff recommends that the Board discuss the Project with the applicant and close the hearing. Respectfully submitted, Marla Keene, Development Review Planner southburlinoon PLANNING & ZONING 7of7