HomeMy WebLinkAboutSD-06-100 SD-06-101 - Decision - 0152 Highland Terrace#SD-06-100
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CITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING AND ZONING
JOHN & PATRICIA TRUTOR — 3-LOT SUBDIVISION
PRELIMINARY PLAT APPLICATION #SD-06-100
FINAL PLAT APPLICATION #SD-06-101
FINDINGS OF FACT AND DECISION
John and Patricia Trutor, hereinafter referred to as the applicants, are seeking
preliminary and final plat approval to subdivide a 14.2 acre parcel developed with a
single family dwelling into three (3) lots of 7.1 acres (lot #1), 5.4 acres (lot #2) and 1.7
acres (lot #3), 40 Highland Terrace. The Development Review Board held a public
hearing on Decem er , 006. a in Courcelle represented the applicant.
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
The applicants are seeking preliminary and final plat approval to subdivide a 14.2
acre parcel developed with a single family dwelling into three (3) lots of 7.1 acres
(lot #1), 5.4 acres (lot #2) and 1.7 acres (lot #3), 40 Highland Terrace.
2. The owners of record of the subject property are John and Patricia Trutor.
3. The subject property is located in the Southeast Quadrant -Neighborhood
Residential (SEQ-NR) Zoning District.
4. The plans submitted consist of a six (6) page set of plans, page one (1) entitled,
"Preliminary Plat Three Lot Subdivision John & Patricia Trutor 40 Highland
Terrace South Burlington, Vermont", prepared by Vermont Land Surveyors, Inc.,
dated Oct. 25, 2006.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Reauirements
SEQ-NR
Zoning District
Requirement/Limitation
Proposed
�l Min. Lot Size
12,000 SF
Lot 3 1.7 acres
Lot 2 5.4 acres
Lot 1 7.1 acres
�l Max. Density
1.2 units/acre base density
.21 units/acre
♦ Max. Building Coverage
15%
<15%
♦ Max. Total Coverage
30%
<30%
♦ Min. Front Setback
20 ft.
>20 ft.
♦ Min. Side Setback
10 ft.
>10 ft.
♦ Min. Rear Setback
30 ft.
>30 ft.
�l zoning compliance
♦ No buildings are proposed 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. The applicant has stated that they
will be within the allowable dimensions.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations
(SBLDR), 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 districts) 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.
9.06 Dimensional and Design Requirements Applicable to All Sub -Districts
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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.
The applicant has stated that the height of the buildings will not exceed 40 feet.
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 subdivision protects the existing wetlands on the eastern portion
of the property. There is little usable and contiguous open spaces between the adjoining
parcels. The building envelopes are extremely close to each other and all open spaces is
limited to wet areas to the rear of all the buildings.
(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.
The streets and building lots are consistent with the regulating plan.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing
management shall be established by the applicant.
Staff, in consultation with the Director of Planning and Zoning, recommended that this
provision be waived given the scale of the proposed project.
(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.
As no buildings are proposed as part of this application, no erosion control plan is required.
However, the applicant shall still adhere to the provisions of appropriate erosion control as
the homes are constructed.
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(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.
The applicant has submitted a wetlands delineation showing a class II wetland and related
50 foot buffer on the eastern edge of the property and well beyond the proposed building
envelopes.
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 subject lot is not currently on public water or sewer. The applicant is proposing onsite
wastewater disposal system. No plans are yet shown that depict the source for water.
(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.
(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.
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The applicant is not proposing any recreation paths or sidewalks. This site, or on a larger
scale, Highland Terrace, 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.
This proposal does not warrant review by the Fire Department. Access to the houses are
via a public road and are close enough to the street to be accessed via the road.
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 access and circulation on the site is adequate and appropriate. There is no need for
any traffic studies or technical reviews by consultants.
(1) Roads shall be designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent properties.
The plans depict a shared access between lot 3 and the access easement for the
property to the south labeled on the plans as `Kwon.' This is acceptable. The survey plat
should note this access easement.
(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.
No changes to the roads shall be necessary as a result of this application.
As there are no proposed roadways, houses, or other infrastructure, this project does not
warrant review by the South Burlington City Engineer.
(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
9.09 SEQ-NR Sub -District; Specific Standards
The SEQ-NR sub -district has additional dimensional and design requirements, as
enumerated in this Section.
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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 depicts a width to depth ratio of approximately 1.14, well beyond
the bounds stated above. `Spaghetti lots' often create boundary issues in the future and
are discouraged. At sketch plan review, staff and the DRB recommended that the
applicant and engineer work with the plan to reshape the lots. The applicant has done
this to a degree. Although they do not meet the standard, the Board is willing to accept
them given that the eastern edge of the lots will be completely unusable due to physical
and legal constraints (these rear portions of the lots are in the Natural Resource
Protection zone of the Southeast Quadrant and thus cannot be developed).
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
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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 the building envelopes shown. 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.
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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 building envelopes shown. 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 building envelopes shown. It has
already been stated that the plans should be revised to depict access drives.
(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
None of the plans submitted depict topographic contour lines. The survey plat or the site
plan shall be updated to include this information in accordance with Section 15.06(B)(5)
of the South Burlington Land Development Regulations.
Furthermore, per Section 15.13 (C) of the South Burlington Land Development
Regulations, a community system or other means of providing water to the subdivision
may be approved by the DRB and shall be designed and installed in accordance with all
applicable municipal and state regulations and standards.
Evidence of the location and availability of potable water in adequate quantities shall be
provided. Due consideration in the location of community or individual water systems
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shall be given with respect to building sites, roadways, septic systems, flood water
levels, and other factors affecting the potability of water supplies.
This project is unique in that it does not access municipal water or sewer services and
will have on -site systems.
The subject lot is divided into two southeast quadrant sub -district zones, Neighborhood
Residential and Natural Resources Protection. This delineation should be shown on the
plans.
DECISION
Motion by 0 y ,t P n� seconded by
to approve Preliminary Plat Application #SD-06-100 and Final Plat Application #SD-06-
101 of John and Patricia Trutor, 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 survey plat shall be revised to note the access easement to the south which
provides access to the "Kwon" property.
b) The plans shall be revised to show the southeast quadrant sub -district zoning
boundary.
c) The survey plat shall be revised to read "Final Plat" instead of "Preliminary Plat".
4) All land development, including but not limited to expansions, sunrooms, and decks
shall be limited to the building envelope shown on the plans submitted as part of this
application and shall be permitted through zoning permits by the Administrative Officer.
5) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
6) The Board waives the requirement for an open space plan for this project due to the
project's small scale.
7) As the lots are developed with the single family homes, the construction process shall
meet the erosion control standards set forth in Section 16.03 and 16.04 of the SBLDR.
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8) Any new buildings shall be built in full compliance with Section 9.08 of the SBLDR.
9) The applicant shall provide evidence of state approval for the on -site septic systems
prior to recording the final plat plan.
10) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
11) 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 —nay/abstain/not present
Matthew Birmingham —yea/nay/abstai of present
John Dinklage — eay/abstain/not presen
Roger Farley—�ay/abstain/not present
Eric Knudsen — e nay/abstain/not present
Peter Plumeau — nay/abstain/not present
Gayle Quimby — e ay/abstain/not present
Motion carried by a vote of (�2_
Signed this day of
John Dinklage, Chair
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).
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