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Home My WebLink AboutSD-16-34 - Decision - 0267 0277 Highland Terrace#SD-16-34 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING HERGENROTHER CONSTRUCTION, LLC-1410 HINESBURG ROAD PRELIMINARY & FINAL PLAT APPLICATION #SD-16-34 FINDINGS OF FACT AND DECISION Preliminary & final plat application #SD-16-34 of Hergenrother Construction, LLC to subdivide a 1.5 acre parcel developed with a single family dwelling into four (4) lots consisting of: 1) a 0.66 acre lot with the existing house (lot #1), 2) a 0.27 acre lot (lot #2), 3) a 0.29 acre lot (lot #3), and 4) a 0.28 acre lot (lot #4), 1410 Hinesburg Road. The Development Review Board held a public hearing on January 3, 2017. The applicant was represented by Peter Heil, Tom Hergenrother, and David Burke. 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 1. The applicant, Hergenrother Construction, LLC, seeks to subdivide a 1.5 acre parcel developed with a single family dwelling into four (4) lots consisting of: 1) a 0.66 acre lot with the existing house (lot #1), 2) a 0.27 acre lot (lot #2), 3) a 0.29 acre lot (lot #3), and 4) a 0.28 acre lot (lot #4), 1410 Hinesburg Road. 2. The owner of record of the subject property Hergenrother Construction, LLC. 3. The application was received on November 2, 2016. 4. The property lies within the SEQ-Neighborhood Residential Zoning District. 5. The plan submitted consists of two (2) pages titled "Subdivision Plan" and "Subdivision Plat," prepared by O'Leary -Burke Civil Associates, PLC, and dated the "Subdivision Plan" dated 12/29/2016. A. Density The SEQ-NR district allows 1.2 units per acre or four (4) units per acre with Transfer of Development Rights (TDRs). The existing parcel allows for a maximum density of 6 units (1.55 x 4=6.2 rounded down to the nearest whole unit) with TDRs. The applicant has proposed four (4) units (one existing single family and three (3) new single family), which is within the density calculation for this parcel with the use of three (3) TDRs. The applicant has indicated the required TDRs will be received from 1600 Hinesburg Road. B. Access Access to Lots 1 and 2 will be provided from Hinesburg Road by an existing driveway, which will be shared. Access to Lot 3 and Lot 4 will be provided from Highland Terrace and each proposed house on those lots will have its own driveway. 1 #SD-16-34 C. Building Orientation and Design Section 9.08 of the SBLDR lays out particular standards related to the orientation of housing, mix of housing styles, setbacks, and parking/garages. The Board finds that all of the proposed buildings will be oriented to the street, 35% of the translucent windows will face south, and garages will be set back a minimum of eight (8) feet from the front building line. The applicant has provided front elevations of the houses proposed for Lots 2-4 and the Board finds that these elevations show there will be variation among the fa4ades of the proposed houses. The LDRs state that buildings "should be set back a maximum of" 25 feet from the sidewalk in this zoning district and that a "close relationship between the building and the street is critical to the ambiance of the street environment." Three (3) houses further south and on the same side of Highland Terrace are set back approximately 25 feet from their front lot lines. The Board finds that the proposed houses on Highland Terrace must be set back 30 feet from their respective front lot lines. D. Lot Ratios Section 9.08.A.4 states that 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 existing lot has a ratio of approximately 1:2.8 and therefore meets the minimum lot width to depth ratio. Lot 1 is proposed to have a ratio of 1:2.66, Lot 2 of 1:6.38, Lot 3 of 1:2.05, and Lot 4 of 1:2.15. The Board finds that the ratio of Lot 2 exceeds what is recommended, but is acceptable. E. Stormwater Comments The Board was notified by the Stormwater Section in an email dated December 29, 2016 that they had no comments on the project. F. Fire No comments were submitted from the Fire Department. G. Energy Standards The Board notes that all new buildings are subject to the Stretch Energy Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. 101MIM04101 Motion by Matt Cota, seconded by Jennifer Smith, to approve preliminary and final plat application #SD- 16-34 of Hergenrother Construction, LLC, 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. 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. a. The survey plat must be revised to include the signature and seal of the land surveyor. 2 #SD-16-34 b. The Subdivision Plan and Subdivision Plat must both be revised to show each proposed house on Highland Terrace set 30 feet from its front lot line. c. The Subdivision Plan and Subdivision Plat must include E911 addresses for houses in the proposed project, in conformance with local ordinances and Vermont E911 addressing standards. 4. Prior to the issuance of a zoning permit for the first dwelling unit, the applicant must record the document entitled, "Density Reduction Easement and Transfer of Development Rights" and a survey of the area from which the three (3) transferable development rights have been severed as required under 24 V.S.A § 4423(b)(4), upon approval of the City Attorney in the South Burlington land records. 5. The mylar must be recorded prior to any zoning permit issuance. 6. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit. 7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 8. The applicant must obtain a zoning permit within six (6) months for the first dwelling unit pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 9. 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. 10. Any change to the final plat will require approval by the South Burlington Development Review Board or Administrative Officer. 11. The applicant must submit to the Administrative Officer a final set of the project plan as approved in digital (PDF) format. 12. The final plat plan (Subdivision Plat) must be recorded in the land records within 180 days or this approval is null and void. The plan must be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant must submit a copy of the survey plat in digital format. The format of the digital information will require approval of the South Burlington GIS Coordinator. Mark Behr Yea Nay Abstain Not Present Matt Cota Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 4— 0 — 2. 3 #S D-16-34 Signed this 18thday of January 2017, by Bill Miller, Chair 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. 0