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HomeMy WebLinkAboutCU-17-07 - Decision - 0115 Holmes RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING DON WELCH ---115 HOLMES ROAD CONDITIONAL USE APPLICATION #CU-17-07 FINDINGS OF FACT AND DECISION Conditional use application #CU-17-07 of Don Welch Architecture to raze an existing single family dwelling and construct a new 2-story single family dwelling, 115 Holmes Road. The Development Review Board held a public hearing on August 15, 2017. The applicant represented himself. Based on the plans and materials contained in the document file for this application, the Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant, Don Welch Architecture, seeks to raze an existing single family dwelling and construct a new 2-story single family dwelling, 115 Holmes Road. 2. The owners of record of the subject property are Michelle Weissman and Greg Titcomb. 3. The subject property is located in the Lakeshore Neighborhood District. 4. The application was received on July 12, 2017. 5. The plan set submitted consists of a three (3) page set of plans. Sheet S-1 is entitled "Site Plan," prepared by Don Welch Architecture, dated August 14, 2017. Zoning District & Dimensional Requirements: LN Zoning District Required Existing Proposed Min. Lot Size 12,000 SF 22,658 SF 16,480 SF Max. Building Coverage 20 % 11% 10% Max. Overall Coverage 40 % 26% 24% n. Front Setback 20 ft. >>20 ft. >>20 ft. r�Min.Side Setback 10 ft. >10 ft. on both sides >10 ft. on both sides . Rear Setback 30 ft. N/A N/A @ Waterfront Setback 150 ft. 43 ft. 61 ft. d Zoning Compliance @ Existing nonconforming 6. The dimensional requirement criteria are met. See below under Section 12.01 regarding waterfront setback. A. SECTION 12.01(D): PRE-EXISTING STRUCTURES ALONG LAKE CHAMPLAIN AND WITHIN QUEEN CITY PARK Section 12.01(D) of the SBLDR includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. The expansion and reconstruction of pre-existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: #CU-17-07 a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. 7. The existing structure was constructed in 1929 b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. 8. The proposed new dwelling is no closer to the lake than the closest portion of the existing structure. This criterion is satisfied. c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April24, 2000. 9. The proposed structure meets this criterion, as the footprint of the new home smaller than the existing home. d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. 10. The applicant has submitted an erosion control plan prepared by a licensed professional engineer. Erosion control plans provides for temporary or permanent stabilization within 30 days of initial disturbance in one place and separately call out stabilization within 21 days in another place. Stabilization within 21 days is the requirement in Section 16.03B(1). Topsoil and seeding specifications provide for a 5 day timeline from final grading in one place and separately a 48- hour timeline from final grading in another place. Topsoil and seeding within 48 hours of final grading is the requirement in Section 16.03B(5). Compliance with 4" minimum topsoil thickness is not demonstrated. The Board finds that with the amended information, this proposal will meet the requirement of subsection (d) above. e) A landscaping plan showing plans to preserve maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. 11. A Landscaping Plan has been provided. Additional information about final surface treatments is included on the Site Plan. Six (6) trees are proposed to be removed as part of the Project. The Applicant is proposing to install several new trees for screening along the south side lot and front of the lot. The applicant is proposing a shrub bed and planting rehabilitation along the lake side of the property to enhance erosion resilience. The applicant is also proposing a perennial bed along the north side lot to detain and slow runoff from impervious surfaces. The City Arborist has agreed that the tree removals are warranted, and that the landscaping plan is appropriate for the site. The Board finds that the provided landscaping provides adequate erosion prevention and water pollution control to prevent undue impacts to Lake Champlain, and that this criterion is met. B. CONDITIONAL USE CRITERIA 2 #CU-17-07 Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations (Pre-existing structures along Lake Champlain and within Queen City Park), the proposed structure shall be reviewed as a conditional use and shall meet the following standards of Section 14.10(E): 14.10(E) General Review Standards. The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. 12. This project will have no adverse effect upon community facilities. The Board finds this criterion met. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. 13. The Board finds that the proposed project consistent with the stated purpose of the Lakeshore Neighborhood District, which is to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods located in the vicinity of Bartlett Bay Road and Homes Road." The Board finds this criterion met. (3) Traffic on roads and highways in the vicinity. 14. This project will have no adverse effect on traffic on roads and highways in the vicinity. The Board finds this criterion met. (4) Bylaws and ordinances then in effect. 15. The Board finds this criterion met. See below for a discussion of compliance with general surface water protection standards. (5) Utilization of renewable energy resources. 16. This project will not affect renewable energy resources. The Board finds this criterion met. C. SECTION 12.01 (C) (2) GENERAL STREAM AND SURFACE WATER PROTECTION STANDARDS C. Surface Water Buffer Standards ("Stream Buffers") (1) Applicability. The requirements of this Section shall apply to all lands described as follows: (e) All land within one hundred fifty (150) feet horizontal distance of the high water elevation of Lake Champlain, which for purposes of these regulations shall be one hundred two (102) feet above mean sea level datum. This applicable area includes approximately 90% of the property. 3 #CU-17-07 (2) General standards. it is the objective of these standards to promote the establishment of heavily vegetated areas of native vegetation and trees in order to reduce the impact of stormwater runoff, reduce sedimentation, and increase infiltration and base flows in the City's streams and Lake Champlain. Therefore, except as specifically permitted by the DRB pursuant to the standards in Section 12.01(C)(3), (C)(4), (D) and/or (E) below, all lands within a required stream buffer defined above shall be left in an undisturbed, naturally vegetated condition. Supplemental planting and landscaping with appropriate species of vegetation to achieve these objectives shall be permitted. The specific standards for the vegetation and maintenance of stream buffers are as follows: (a) The clearing of trees that are not dead, heavily damaged by ice storms or other natural events, or diseased, and the clearing of any other vegetation other than invasive species, is permitted only in conjunction with DRB approval pursuant to (3) or (4) below. 17. Six (6) existing trees are proposed to be removed. The landscape plan identifies five (5) trees to be removed, but there is an additional approximately 24-inch oak tree located within the footprint of the proposed garage. The applicant is proposing to plant seven (7) new trees as well as install shrubs and a perennial bed to control erosion and sediment as described above. The Board considers this criterion met. (b) Any areas within a required stream buffer that are not vegetated or that are disturbed during construction shall be seeded with a naturalized mix of grasses rather than standard lawn grass, and shall not be mowed more than one (1) time per calendar year after establishment. (c) The creation of new lawn areas within stream buffers is not permitted after the effective date of these regulations. 18. Areas where impervious surfaces are proposed to be removed are proposed to be planted as lawn. However, the applicant is proposing to replace existing lawn areas with unmowed areas to offset the new lawn areas. New lawn areas are limited to areas where impervious surfaces are proposed to be removed. The Board finds that this plan meets the intent of Section (2)(b) and (c) of the LDRs above and that these criteria are met. (d) Snow storage areas designated pursuant to site plan or PUD review shall not be located within stream buffers unless the applicant can demonstrate that: (i) There is no reasonable alternative location for snow storage on the same property. (ii) Measures such as infiltration areas have been incorporated into the site plan and/or stormwater treatment system to reduce the potential for erosion and contaminated runoff entering the associated stream as a result of snow melt. 19. Snow storage is not required for residential uses. The driveway area is proposed to be reduced as part of the Project. (3) Expansion of pre-existing structures within stream buffers. The expansion of pre-existing structures within stream buffers, except as provided in Section D below, shall be permitted only in accordance with the standards for non -complying structures in Article 3, Section 3.11 of these Regulations. 20. The area of the structure within the stream buffer is proposed to be reduced. The Board finds this criterion met. (4) New uses and encroachments within stream buffers. The encroachment of new land development activities into the City's stream buffers is discouraged. The DRB may authorize the ftl #CU-17-07 following as conditional uses within stream buffers, subject to the standards and conditions enumerated for each use. The DRB may grant approvals pursuant to this section as part of PUD review without a separate conditional use review. (a) Agriculture, horticulture and forestry including the keeping of livestock, provided that any building or structure appurtenant to such uses is located outside the stream buffer. Not applicable (b) Clearing of vegetation and filling or excavating of earth materials, only to the extent directly necessitated for the construction or safe operation of a permitted or conditional use on the same property and where the DRB finds that: (i) There is no practicable alternative to the clearing, filling or excavating within the stream buffer; and (ii) The purposes of this Section will be protected through erosion controls, plantings, protection of existing vegetation, and/or other measures. The applicant submitted an erosion control plan, designed by a licensed professional engineer. The proposed limits of disturbance are limited to that necessary for construction. Details of the erosion control plan are described in Criterion 10 above. (c) Encroachments necessary to rectify a natural catastrophe for the protection of the public health, safety and welfare. Not applicable (d) Encroachments necessary for providing for or improving public facilities. Not applicable (e) Public recreation paths, located at least ten (10) feet from the edge of channel of the surface water. Not applicable (f) Stormwater treatment facilities meeting the Vermont Agency of Natural Resources stormwater treatment standards, and routine maintenance thereof, including necessary clearing of vegetation and dredging. Evidence of a complete application to the VANR for coverage under the applicable permitting requirements shall be required to meet this criterion for encroachment into a stream buffer. Not applicable (g) Roadways or access drives for purposes of crossing a stream buffer,area to gain access to land on the opposite side of the buffer, or for purposes of providing safe access to an approved use, in cases where there is no feasible alternative for providing safe access and the roadway or access drive is located at least ten (10) feet from the edge of channel of the surface water. 9 #CU-17-07 21. There is no feasible alternative to the proposed use of the preexisting access drive. The drive is located on the far side of the riverfront area and is more than ten (10) feet from the edge of the channel of the surface water. The Board finds these criteria met. (h) Utility lines, including power, telephone, cable, sewer and water, to the extent necessary to cross or encroach into the stream buffer where there is no feasible alternative for providing or extending utility services. 22. There is no feasible alternative to the use of preexisting utility service locations. The Board finds these criteria met. (i) Outdoor recreation, provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer. (j) Research and educational activities provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer. (k) Hydro -electric power generation Criteria (i)-(k) are not applicable. DECISION The South Burlington Development Review Board hereby approves Conditional Use application #CU-17-07 of Don Welch, subject to the following stipulations: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. The plan 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 applicant shall correct the erosion control notes on plan Sheet #E to call for stabilization within 21 days, topsoil and seeding within 48 hours from final grading, and 4-inches minimum topsoil as described in Condition 10. 3. This project shall be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 4. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. S. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. 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 Iy #CU-17-07 Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 4 — 0 —1 Signed this 5th day of S ber 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 with the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must be mailed to the City of South Burlington Planning and Zoning Department at S75 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-951-1740 or https://www.vermontjudiciary.org/environmental 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. 7