HomeMy WebLinkAboutSD-17-06 - Decision - 0025 Harbor Ridge Road#SD-17-06
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
DONALD R. CUMMINGS-1811 SPEAR STREET & 25 HARBOR RIDGE ROAD
PRELIMINARY & FINAL PLAT APPLICATION #SD-17-06
FINDINGS OF FACT AND DECISION
Preliminary & final plat application #SD-17-06 of Donald R. Cummings for a planned unit development
consisting of two (2) lots, each developed with a single family dwelling. The project consists of: 1)
subdividing the 1.16 acre parcel into two (2) parcels of 0.6 acres (lot #1) and 0.56 acres (lot #2), and 2)
relocating the zoning district boundary between the R-1 and R-2 Zoning Districts in conjunction with the
planned unit development, 1811 Spear Street & 25 Harbor Ridge Road.
The Development Review Board held a public hearing on April 18, 2017. The applicant was represented
by Donald Cummings and David Marshall.
Based on the plans and materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
The applicant, Donald R. Cummings, seeks preliminary and final plat approval for a planned unit
development consisting of two (2) lots, each developed with a single family dwelling. The project
consists of: 1) subdividing the 1.16 acre parcel into two (2) parcels of 0.6 acres (lot #1) and 0.56
acres (lot #2), and 2) relocating the zoning district boundary between the R-1 and R-2 Zoning
Districts in conjunction with the planned unit development, 1811 Spear Street & 25 Harbor Ridge
Road.
2. The owner of record of the subject properties is Donald R. Cummings.
3. The subject properties are located in the Residential 1 and Residential 2 Zoning Districts.
4. The application was received on February 24, 2017.
5. The plans submitted consists of six (6) pages with the first page titled "Plat of Survey Donald
Cummings," prepared by Civil Engineering Associates, Inc., and dated 12/5/2016.
A) Density
The zoning district boundary between R1 and R2 cuts through the existing Harbor Ridge Road parcel. By
adjusting the boundary line as proposed (i.e. in a westerly direction on Lot 1 and an easterly direction on
Lot 2) the existing house on Harbor Ridge Road and the existing house on Spear Street will both be in
the R1 Zoning District. The total R1 Zoning District area within the PUD and within which the existing
houses will be located is proposed to be 2.05 acres, which is sufficient to accommodate the proposed
density of two (2) housing units in that zoning district (1 unit/acre). The total R2 Zoning District area
within the PUD is proposed to be 0.73 acres, which is sufficient to accommodate one (1) housing unit in
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that district (2 units/acre). The Board finds that the zoning district boundary line adjustment is
necessary to advance the project as a PUD and therefore the Board finds the adjustment acceptable.
B) PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with
the following standards and conditions:
(A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of
the project.
A condition of plat approval will be that the applicant receive any necessary permits related to water and
wastewater supply from the appropriate permitting agencies.
(A)(2) Sufficient grading and erosion controls will be utilized during and after construction to
prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject
property and adjacent properties.
This is criterion is covered by the discussion below on stormwater.
(A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads.
All two (2) proposed lots will be accessible from public roads. The existing two (2) houses already have
driveways connecting them to either Spear Street (1811 Spear St.) or Harbor Ridge Road (25 Harbor
Ridge Rd.) and when a house is developed on Lot 2 it will have access to Harbor Ridge Road via a shared
driveway with 25 Harbor Ridge Road. The Board finds this criterion met.
(A)(4) The project's design respects and will provide suitable protection to wetlands, streams,
wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the
site.
The Board finds that none of the features listed in this criterion are present at the site.
(A)(5) 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 project is located in low density residential zoning districts with many single family houses. The
proposed dwelling unit that could be accommodated on Lot 2 would also be single family. The Board finds
this criterion met.
(A)(6) Open space areas on the site have been located in such a way as to maximize opportunities
for creating contiguous open spaces beftoveen adjoining parcels and/or stream buffer areas.
The subdivision of the property and the proposed location of a future house would preserve the expanse of
open space behind the existing house at 1811 Spear Street. That backyard open space continues through
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the yards of several other houses to the north to Westview Drive and to the south to Allen Road. The Board
finds this criterion met.
(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to
ensure that adequate fire protection can be provided.
The Fire Marshall received project plans and no comments were submitted.
(A)(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and
lighting have been designed in a manner that is compatible with the extension of such services
and infrastructure to adjacent landowners.
The Board finds this criterion met.
(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that
is consistent with City utility and roadway plans and maintenance standards, absent a specific
agreement with the applicant related to maintenance that has been approved by the City
Council. For Transect Zone subdivisions, this standard shall only apply to the location and type
of roads, recreation paths, and sidewalks.
The Board received the following comment from the Public Works Department in an email dated March
27, 2017:
My only comment is to have the applicant pave the bottom portion of their driveway that is within
the road ROW. Gravel always gets deposited in our road from this property, I'd like to clean it up as
much as possible.
The Board finds that this decision will contain a condition requiring the paving of the bottom portion of
the driveway within the City right-of-way.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The project is located in the Southwest Quadrant where the Comprehensive Plan states future land use
should remain principally residential and care should be taken to maintain and improve stormwater
runoff. The project is residential and stormwater is discussed below. The Board finds the proposed
project meets this criterion.
C) 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 of the South Burlington Land Development Regulations establishes
the following general review standards for all site plan applications:
A) Relationship of Proposed Development to the City of South Burlington Comprehensive
Plan. Due attention by the applicant should be given to the goals and objectives and the
stated land use policies for the City of South Burlington as set forth in the Comprehensive
Plan.
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The Board finds that this criterion is being met as discussed above.
B) Relationship of Proposed Structures to the Site.
(1) 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.
(2) Parking
(3) 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
anticipated adjoining buildings.
(4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansion shall, to the extent feasible, be underground.
D) Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of
common materials and architectural characteristics (e.g., rhythm, color, texture,
form or detailing), landscaping, buffers, screens and visual interruptions to create
attractive transitions between buildings of different architectural styles.
(2) 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.
At present no building is being proposed, the plans only show where a single family dwelling could
possibly be located on Lot 2. The Board finds the existing mature trees will help create desirable
transitions when a building is constructed on the site. The Board finds that the height and scale of the
future single family dwelling should be compatible with the site and the neighboring houses, the utilities
should be underground to the extent feasible, and the structures within the PUD should relate
harmoniously to themselves and the terrain.
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 Land Development Regulations:
1. Access to Abutting Properties. The reservation of land maybe required on any lot for provision of
access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto
an arterial or collector street, to provide additional access for emergency or other purposes, or to
improve general access and circulation in the area.
The Board does not consider the reservation of land to be necessary.
2. Utility Services. 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.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and
service modifications must be underground.
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3. Disposal of Wastes. 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 applicant is not proposing any new dumpsters or other facilities at this time.
4. Landscaping and Screening Requirements. (See Article 13, Section 13.06)
No construction is proposed as part of this application. The Board finds this criterion inapplicable.
D) SUBDIVISION STANDARDS
15.10 Lot Layout
A. Lots shall be laid out in such a way that they can be developed in full compliance with these land
development regulations, and giving consideration to topography, soils, and drainage conditions.
B. Except within the City Center FBC District, the following standards shall apply: Corner lots shall
have extra width to conform to setbacks on each street. No subdivision showing any reserved
strips shall be approved. A width to length ratio of one to five (1:5) shall be used as a guideline
by the Development Review Board in evaluating lot proportions. Developments consisting
predominantly of square or roughly square lots or lot with an excessive length to width ratio (i.e.
spaghetti lots) shall not be approved.
Existing Lot 3 will have a ratio of approximately 1:3 and Lots 2 and 3 a ratio of approximately 1:2.5. The
existing lot on Harbor Ridge Road currently has a ratio of close to 1:1, therefore the subdivision will
create two (2) lots with ratios closer to the recommended 1:5. The existing lot on Spear Street will
maintain the same ratio. In combination with the applicant's request to change the location of the
zoning district boundary lines, the proposed lots can be developed in compliance with the land
development regulations. The Board finds these criteria to be met.
E) WAIVERS
The applicant is requesting that the side setback on the north side of Lot 1 be reduced from the required
25 feet to 15 feet to allow for a future possible expansion to the existing house on Lot 1. The side
setback along the north side of Lot 1 abuts Lot 2, which is mostly in the R2 Zoning District where only a
10 foot side setback is required. The Board finds the requested 15 foot side setback to be compatible
with development patterns of the neighborhood.
F) STORMWATER
The Board received the following comments from the Stormwater Section in an email dated 4/14/2017:
1. This project is located in the Bartlett Brook watershed. This watershed is listed as stormwater
impaired by the State of Vermont Department of Environmental Conservation (DEC).
2. It is understood that the applicant has proposed to install a bioswale to treat stoomwater runoff
from the proposed development.
3. While not a requirement, the applicant could consider installing a gutter along the back roof of
the proposed house in order to direct odditional runoff toward the bioswale.
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Thank you for the opportunity to comment.
The Board encourages, but does not require, the applicant to consider the advice of the Stormwater
Section regarding the installation of a gutter if a new dwelling unit is ever built.
DECISION
Motion by Matt Cota, seconded by Jennifer Smith, to approve preliminary & final plat application #SD-
17-06 of Donald R. Cummings subject to the following conditions:
1. All previous approvals and stipulations will remain in full effect except as amended herein.
2. This project must 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 must be revised to show the changes below and will require approval of the
Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the
Administrative Officer prior to recording the plat plans.
a. The survey plats must be revised to include the signature and seal of the land surveyor.
b. Proposed Site Plan (C1.0) must be revised to have a title different from Proposed Site
Plan (C1.1).
c. The plans must be revised to show the portion of the proposed shared driveway in the
right-of-way being paved at 25 Harbor Ridge Road.
d. The plans must be revised to show arrows with single heads indicating the direction in
which the zoning district boundary line will be adjusted rather than the two -headed
arrows currently shown.
e. The Stormwater Worksheet plan must be revised to show the arrows (which indicate
the location of a grass swale) to the east of the possible house on Lot 2 pointing south
rather than north
4. The Board approves the following waiver:
a. Side setback of 15 feet on the north side of Lot 1
5. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit.
6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
7. The proposed project must 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 must meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
8. The applicant will be responsible to regularly maintain all stormwater treatment and conveyance
structures on -site.
9. The mylars must be recorded prior to any zoning permit issuance.
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10. The applicant must submit to the Administrative Officer a final set of project plans as approved in digital
(PDF) format prior to recording the final plat plans.
11. The final plat plans (Proposed Site Plan (C1.1) and the Subdivision Plats) must be recorded in the
land records within 180 days or this approval is null and void. The plats & plan must be signed by the
Board Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant must
submit a copy of the survey plats in digital format. The format of the digital information will require
approval of the South Burlington GIS Coordinator.
Mark Behr
Yea
Nay
Abstain
Matt Cota
Yea
Nay
Abstain
Frank Kochman
Yea
Nay
Abstain
Bill Miller
Yea
Nay
Abstain
David Parsons
Yea
Nay
Abstain
Jennifer Smith
Yea
Nay
Abstain
John Wilking
Yea
Nay
Abstain
Motion carried by a vote of 5— 0 — 0.
Signed this 19 day of April 2017, by
Bill Miller, Chair
Not Present
Not Present
Not Present
Not Present
Not Present
Not Present
Not Present
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental
Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South
Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See
V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing
requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits
for this project. Call 802.477.2241 to speak with the regional Permit Specialist.
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