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HomeMy WebLinkAboutSD-06-91 SD-06-92 - Decision - 1075 1061 Hinesburg Road#SD-06-91 #SD-06-92 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RYE ASSOCIATES — 2 LOT SUBDIVISION 1061 & 1075 HINESBURG ROAD PRELIMINARY PLAT APPLICATION #SD-06-91 FINAL PLAT APPLICATION #SD-06-92 FINDINGS OF FACT AND DECISION Rye Associates, hereinafter referred to as the applicant, is seeking preliminary and final plat approval for a two (2) lot subdivision consisting of lot #1 (7.86 acres) and lot #2 (18.01 acres), 1061 & 1075 Hinesburg Road. The Development Review Board held a public hearing on November 21, 2006. Paul O'Leary 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 1. The applicant is seeking preliminary and final plat approval for a two (2) lot subdivision consisting of lot #1 (7.86 acres) and lot #2 (18.01 acres), 1061 & 1075 Hinesburg Road. 2. The owners of record of the subject property is Arthur Rye and Bernice Brisson. 3. The subject property is located in the Southeast Quadrant — Village Residential (SEQ-VR) Zoning District, the Southeast Quadrant — Village Commercial (SEQ- VC) Zoning District, and the Industrial & Open Space (10) Zoning District. 4. The plan submitted is entitled, "Lands of Brisson & Rye #1061 & #1075 Hinesburg Road South Burlington, VT Subdivision Plat", prepared by O'Leary - Burke Civil Associates, PLC, dated 10/26/06. - 1 - #SD-06-91 #SD-06-92 Zoning District & Dimensional Requirements Table 1. Dimensional Requirements LOT Industrial & Open Space Zoning District Requirement/Limitation Proposed Min. Lot Size 3 acres 7.86 acres Max. Density n/a n/a Max. Building Coverage 30% 0% Max. Total Coverage 50% 0% �l Min. Front Setback 50 ft. n/a Min. Side Setback 35 ft. n/a �l Min. Rear Setback 50 ft. n/a n/a- no residential units are allowed; furthermore, no buildings exist or are proposed at this time. LOT SEQ'-Village Commercial Village ''Residential Requirement/Limitation Proposed Min. Lot Size 12,000 SF 18.01 acres Max. Density- VC 1.2 units/acre base density max of 8/acre with TDR .05 units/acre 1 existing unit Max. Density -VR 1.2 units/acre base density max of 8/acre with TDR None proposed or existing # Max. Building Coverage 15% 1.04% # Max. Total Coverage 30% 1.2% 4 Min. Front Setback 50 ft. Approx 30 ft. 4 Min. Side Setback 10 ft. >10 ft. F Min. Rear Setback 30 ft. >30 ft. 4 Pre-existing zoning non-compliance. SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, 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 district(s) in which it is located. -2- #S D-06-91 #SD-06-92 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 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. 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 As proposed, the layout of the proposed subdivision allows for ample open spaces between adjoining parcels. The Board recognizes that this may change as the lots are developed and therefore this criterion would be better addressed at that 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 site plan illustrates a proposed eighty foot wide (80') Right -of -Way which runs east - west to be conveyed to the City of South Burlington as well as the approximate location of a connecting Right -of -Way which runs north -south behind the existing barn and connects to Fox Run Lane. -3- #S D-06-91 #S D-06-92 (3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant. At this time, the applicant has not identified any natural areas or open spaces. The Board recognizes that this may change as the lots are developed and therefore this criterion would be better addressed at that time. (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. The Board recognizes that this may change as the lots are developed and therefore this criterion would be better addressed at that time. 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. -4- #S D-06-91 #S D-06-92 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. (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. It has already been stated that the plans show easements for all proposed city streets and recreation paths. At such time as the lots are developed, the applicant shall work with Staff and the Board to better address the infrastructure needed. (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 plans show easements for all proposed city streets and recreation paths. At such time as the lots are developed, the applicant shall work with Staff and the Board to better address the infrastructure needed. No new lighting is proposed. (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. The Board recognizes that this may change as the lots are developed and therefore this criterion would be better addressed at that time. The Board does not find that the Fire Chief needs to review the application at this point. 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. It has already been stated that the plans show easements for all proposed city streets and recreation paths. At such time as the lots are developed, the applicant shall work with Staff and the Board to better address this criterion. (1) Roads shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. It has already been stated that the plans show easements for all proposed city streets and recreation paths. At such time as the lots are developed, the applicant shall work with Staff and the Board to better address this criterion. -5- #SD-06-91 #SD-06-92 (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. It has already been stated that the plans show easements for all proposed city streets and recreation paths. At such time as the lots are developed, the applicant shall work with Staff and the Board to better address this criterion. (3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and neighborhoods shall apply. It has already been stated that the plans show easements for all proposed city streets and recreation paths. At such time as the lots are developed, the applicant shall work with Staff and the Board to better address this criterion. 9.09 SEQ-VR Sub -District; Specific Standards The SEQ-VR 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. IO #S D-06-91 #S D-06-92 (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 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. -7- #SD-06-91 #SD-06-92 (6) 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. 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. This proposed subdivision is located in the southeast quadrant district. Therefore it is subject to the provisions of Section 15.18(B). The Board finds that the proposed subdivision is in compliance with all provisions of this section. DECISION Motion by "r� ( 'J� seconded by bG�' \ `�`� to approve Preliminary Plat Applicatio #SD-06-91 and Final Plat Application #S -06-92 of Rye Associates, 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 plat should be revised to show: 1) all existing zoning district boundaries; 2) revise note pertaining to north -south proposed city street to reflect that the ROW is shown on the "Official Map" not "Master Street Plan"; and 3) the acreage for lot #1 shall be revised to reflect that it includes the ROW for the future extension of Swift Street. 4) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 5) Prior to recording the final plat plan, the applicant shall provide a Certificate of Title pursuant to Section 15.17 of the South Burlington Land Development Regulations to be approved by the City Attorney. #SD-06-91 #S D-06-92 6) Prior to recording the final plat plan, the applicant shall provide the legal documents (i.e.- an irrevocable offer of dedication, warranty deeds, etc) for the east -west ROW on lot one to be approved by the City Attorney. 7) Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 8) 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 — yea�nay/abstain/not present Matthew Birmingham — yea)nay/abstain/not present John Dinklage — e nay/abstain/not present Roger Farley — e nay/abstain/not present Eric Knudsen — e nay/abstain/not present Peter Plumeau — /nay/abstain/not present Gayle Quimby — e /nay/abstain/not present Motion carried by a vote of Signed this day of 2006, by John Dinklage, Chair 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).