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HomeMy WebLinkAboutSD-08-49 - Decision - 1405 Hinesburg Road#SD-08-49 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MARIE J. DUBOIS - 1405 HINESBURG ROAD FINAL PLAT APPLICATION #SD-08-49 FINDINGS OF FACT AND DECISION Marie J. Dubois, hereinafter referred to as the applicant, is seeking final plat approval to subdivide a 4.59 acre parcel into two lots of 4.11 acres and 0.48 acres and add the 0.48 acre parcel to the adjoining 5.30 acre parcel to create a 5.78 acre parcel, 1405 Hinesburg Road. The Development Review Board held a public hearing on Tuesday, October 21, 2008. Richard Trudell represented the applicant. FINDINGS OF FACT 1. The applicant is seeking final plat approval to subdivide a 4.59 acre parcel into two lots of 4.11 acres and 0.48 acres and add the 0.48 acre parcel to the adjoining 5.30 acre parcel to create a 5.78 acre parcel, 1405 Hinesburg Road. 2. The application was reviewed at the sketch plan level on August 19, 2008. 3. The owner of record of the subject property is Marie J. Dubois. 4. The subject property is located in the Southeast Quadrant — Neighborhood Residential Zoning District. 5. The plans submitted consist of a two (2) page set of plans, page one (1) entitled, "Boundary Line Adjustment Marie Dubois 1405 Hinesburg Road South Burlington, Vt.", prepared by Trudell Consulting Engineers, dated 5/6/08. Zoning District & Dimensional Requirements The minimum lot size in the Southeast Quadrant is 12,000 sq. ft. The proposed lots are well over the minimum lot size. There are no building proposed at this time so coverage requirements do not apply at this time. #SD-08-49 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. 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 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 The proposed subdivision & boundary line adjustment meets this criterion to the extent necessary at this time. -2- #SD-08-49 (2) Building lots, streets and other structures shall be located in a manner consistent with the Regulating Plan for the applicable sub -district allowing carefully planned development at the average densities provided in this bylaw. The proposed subdivision/boundary line adjustment is in compliance with this criterion. As noted above, there is no development proposed as part of this application. (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, no new development is proposed. Furthermore, there are no 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. (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 -3- #SD-08-49 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. Should development be applied for these properties at a future date, City sewer and water is available. (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. There is no infrastructure proposed as part of this application. (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. This is a subdivision of land. No infrastructure is proposed at this time. (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. (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. (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 -4- #SD-08-49 (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 DRB may in its discretion require supplemental sidewalk segments to achieve this purpose. (3) Street Trees; see Section 9.08(B)(3) -5- #SD-08-49 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 Facades. 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, along the street and within neighborhoods rather than compartmentalized into sections of identical housing types. At this time no construction is planned. -6- #SD-08-49 111 *44 W 1567l1 Motion by GA « G!*6 v, ,seconded by -- C-4 fm 4 to approve Fin I Plat Application #SD-08-49 of Marie J. Dubois, subject to the f Ilowing 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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 4. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 5. 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 from the South Burlington GIS Coordinator. Mark Behr — ye�/nay/abstain/not present Matthew Birmingham — ie nay/abstain/not present John Dinklage a /nay/abstain/not present Roger Farley a nay/abstain/not present Eric Knudsen — e nay/abstain/not present Peter Plumeau nay/abstain/not present Re/rnay/abstain/not Gayle Quimby — present Motion carried by a vote of -1- 6 - C' Signed this l day of CJ 2008, by /} r John Dinklage, hair ` Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 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. -7- #SD-08-49 You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality).