HomeMy WebLinkAboutSD-07-53 - Decision - 0133 Highland Terrace#SD-07-53
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
ALGIMANTAS & NERINGA SHALNA - 1450 HINESBURG ROAD
FINAL PLAT APPLICATION #SD-07-53
FINDINGS OF FACT AND DECISION
Algimantas & Neringa Shalna, hereinafter referred to as the applicants, are seeking final
plat review to subdivide a 1.6 acre parcel developed with a single family dwelling into
two (2) lots of 0.6 acres (lot #1) and 1.0 acres (lot #2), 1450 Hinesburg Road.
The Development Review Board held a public hearing on Tuesday, September 18,
2007, November 6, 2007, November 20, 2007 and December 11, 2007. Gunner McCain
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 final plat review to subdivide a 1.6 acre parcel
developed with a single family dwelling into two (2) lots of 0.6 acres (lot #1) and
1.0 acres (lot #2), 1450 Hinesburg Road.
2. The sketch plan for this project was heard by the Development Review Board on
May 1, 2007.
3. The owners of record of the subject property are Algimantas & Neringa Shalna.
4. The subject property is located in the Southeast Quadrant Neighborhood
Residential (SEQ-NR) Zoning District.
5. The plans submitted consist of a four (4) page set of plans, page one (1) entitled,
"Survey and Subdivision of the Lands of Algimantas & Neringa Shalna Vermont
Route 116 & Highland Terrace South Burlington, Vermont", prepared by McCain
Consulting, Inc., dated Aug. 24, 2007.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
SEQ Neighborhood
Residential
Zoning District
Requirement/Limitation
Proposed
Min. Lot Size
12,000 SF
26,630 SF
4. Max. Density-NR
1.2 units/acre base density
(max of 4/acre with TDR)
1.33 units/acre**
(1 existing unit)
�l Max. Building Coverage
15%
8.2%**
Max. Total Coverage
30%
13.6%**
�l Min. Front Setback
50 ft.
Approx 60 ft. #
Min. Side Setback
10 ft.
>10 ft.
�l Min. Rear Setback
30 ft.
>30 ft.
+ The acreage of the lot will not support one home on each lot as the density will
exceed the maximum base density allowed in the Southeast Quadrant Zoning District. No
additional dwelling units shall be permitted on either lot without the transfer of at least one
development right, per the stipulations of Article 9 of the South Burlington Land
Development Regulations (SBLDRs).
** Coverages are for Lot 1 which contains the existing home.
# The front setback included is from Route 116/Hinesburg Road and pertains to the existing
home on Lot 1.
There is currently an accessory structure (shed/greenhouse) located on the property. When
the property is divided per the proposal, the shed will be located very close to the property
line on Lot 1. An accessory structure must be located at least five feet from the rear and
side property lines. It is unclear how close the shed is but must be five feet from the
property line.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comely 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.
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Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
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. The
following standards shall apply to development and improvements within the
entire SEQ 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 new buildings are proposed as part of this application; therefore this criterion is not
applicable to this application.
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
At this time, there are only two lots proposed. The proposed subdivision meets this criterion
to the extent necessary at this time.
(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 proposed subdivision is in compliance with this criterion with the exception of the
density limitations noted above. Additional units may be permitted on the subject lots with
the appropriate transfers of development right(s).
(3) A plan for the proposed open spaces and/or natural areas and their ongoing
management shall be established by the applicant.
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At this time, no new development is proposed. Furthermore, there are no apparent
wetlands on the 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.
At this time no construction is planned. The Board recognizes that this may change as the
lots are developed and therefore this criterion would be better addressed at that time.
(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.
At this time no construction is planned. This criterion is not applicable to this application.
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.
At this time no construction is planned. However, the approval requested herein would for
all purposes create a legal building lot and connections must be considered at this time.
There is currently no connection from this property to the public water and sewer lines.
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The applicant has stated that they have sufficient capacity for an onsite well. However,
there are not adequate soils to support an onsite septic system. The applicant is proposing
a connection to the public sewer system across Highland Terrace. The City Engineer has
reviewed this design and provided comments in a memo dated December 6, 2007.
(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.
Hinesburg Road is included among several corridors on the Official City Map for a
proposed recreation path. Several properties along the road have already dedicated
easements to the City. It is possible that this property is among those needed to
complete the path along the corridor. The South Burlington Recreation Path Committee
has reviewed the plans. They have verbally stated a request for a recreation path
easement along Hinesburg Road.
(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.
It has already been stated that the South Burlington Recreation Path Committee has
commented on this matter.
(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.
At this time no construction is planned and this criterion is not applicable.
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.
At this time no construction is planned and this criterion is not applicable. Should a new
home be developed on Lot 2, it should be accessed from Highland Terrace and addressed
as such. The Administrative Officer shall asses this should any residential units be
proposed for Lot 2.
(1) Roads shall be designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent properties.
No new roads are planned as part of this application.
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(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 new roads are planned as part of this application.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent
streets and neighborhoods shall apply.
No new roads are planned as part of this application
9.09 SEQ-NR Sub -District; Specific Standards
The SEQ-NR 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 400 linear feet; see Figure 9-2 for example. If longer block lengths are
unavoidable blocks 400 feet or longer must include mid -block public sidewalk or
recreation path connections..
(2) Interconnection of Streets. Average spacing between intersections shall be 300
to 400 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).
(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.
(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.
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.
(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.
(4) On -street parking; see Section 9.08(B)(4).
(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).
(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.
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).
(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.
(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 fifteen feet (15') from the back of sidewalk.
(4) Porches, stoops, and balconies may project up to eight feet (8') into the front
setbacks. Porch, stoop and balcony areas within the front setback shall not be
enclosed or weatherized with glazing or other solid materials.
(5) 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.
(6) Mix of Housing Types. A mix of housing types is encouraged within
neighborhoods and developments. Housing types should be mixed within blocks,
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along the street and within neighborhoods rather than compartmentalized into
sections of identical housing types.
At this time no construction is planned. The Board recognizes that this may change as the
lots are developed. The Board previously discussed this issue and decided not to enforce
design review as part of this application.
The plans should be revised to remove the notes and lines referring to "original property
line." The two (2) original lots have merged thereby eliminating the original property line.
DECISION
Motion by 6 WE (- V (w z , seconded by R40A �r:M
to approve Final Plat Application #SO-07-53 of Algimantas & Neringa Shalna, 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. Three (3) copies of the approved revised plans shall
be submitted to the Administrative Officer prior to permit issuance.
a. The accessory structure (greenhouse) shall be located so as to be at least
five feet from all property lines and shown on a revised site plan and survey
plat.
b. The site plan shall be revised to show the provisions for water supply for lot
#2.
c. The plans shall be revised to show a 20 ft. wide recreation path easement
along Hinesburg Road.
d. The survey plat shall be revised to include the signature and seal of the
land surveyor.
e. The site plan shall and survey plat shall be revised to remove the notes
and lines referring to "original property line".
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f. The site plan shall be revised to reflect the same proposed lot sizes as
shown on the survey plat.
g. The plans shall be revised to comply with the requests of the City
Engineer as outlined in his memorandum dated December 6, 2007.
4. No additional dwelling units shall be permitted on either lot without the transfer of at
least one development right, per the stipulations of Article 9 of the South Burlington
Land Development Regulations. The purchase of the development right documents
must be reviewed and approved by the City Attorney and recorded in the South
Burlington Land Records prior to recording the mylar.
5. The applicant shall comply with the requests of the City Engineer as outlined in his
memorandum dated December 6, 2007.
6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
7. Any dwelling units proposed for Lot 2 shall be accessed from Highland Terrace.
8. Prior to recording the final plat plan, the recreation path easement deed shall be
submitted to the City Attorney for approval and recorded in the South Burlington
Land Records.
9. The proposed sewer line serving lot #2 shall be constructed to the satisfaction of
the Public Works Director prior to the issuance of a zoning permit for
development of lot #2.
10. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
11. The mylar shall be recorded before any permit issuance.
12. The final plat plan shall (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 — ye)Unay/abstain/not present
Matthew Birmingham —kiea/nay/abstain/not present
nay/abstain/not present
John Dinklage —�&
Roger Farley — yea/nay/abstain of presen
Eric Knudsen — e nay/abstain/not present
Peter Plum eau — ea ay/abstain/not present
Gayle Quimby — e nay/abstain/not present
mom
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Motion carried by a vote of CP - o - o
Signed this / ( day of -:b 2007, by
John Di klage, C
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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