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HomeMy WebLinkAboutSD-07-33 SD-07-34 - Decision - 0005 Lyons Avenue#SD-07-33 #S D-07-34 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MARCEL BEAUDIN — 5 LYONS AVENUE PRELIMINARY PLAT APPLICATION #SD-07-33 FINAL PLAT APPLICATION #SD-07-34 FINDINGS OF FACT AND DECISION Marcel Beaudin, hereinafter referred to as the applicant, is seeking preliminary and final plat approval for a for a planned unit development consisting of constructing a new single family dwelling, 5 Lyons Ave. The Development Review Board held a public hearing on Tuesday, June 19, 2007. Richard Cassidy 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 for a planned unit development consisting of constructing a new single family dwelling, 5 Lyons Ave. 2. The owners of record of the subject property are Richard & Rebecca Cassidy. 3. The subject property is located in the Queen City Park Neighborhood (QCP) Zoning District and the Flood Plain Overlay District. 4. The plans submitted consist of a three (3) page set of plans, page S1 entitled, "Richard T. & Rebecca B. Cassidy Proposed Residence Lyons Avenue South Burlington, Vermont", prepared by Civil Engineering Associates, Inc., dated 3/20/07, with a last revised date of May 11, 2007. Dimensional Standards Table 1. Dimensional Requirements QCP Zonin District Required Proposed Min. Lot Size 7,500 SF 10,730SF Max. Building Coverage 20% 17.4% Max. Overall Coverage 40% 30.8% 4 Min, Front Setback 10 ft. 8 ft Min. Side Setback 5 ft. 5 ft. Min. Rear Setback 10 ft. > 10 ft. zoning compliance + waiver required - 1 - #SD-07-33 #SD-07-34 The applicant is requesting a front yard setback waiver of two (2) feet. The Board supports this request. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the proposed additional dwelling units. As the use will remain the same with a relatively minimal increase in size, the South Burlington Water Department does not need to review the plans. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. The Board does not find that this application warrants a review of this criterion. Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The applicant has submitted a sufficient grading and erosion control plan. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. There will be no increase in traffic as there is no change in use. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. This property is located along Lake Champlain and within the Queen City Park zoning district. Comments relating to this location are included below in other sections of this findings of fact and decision. 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. This project conforms to the planned development patterns in the area -2- #SD-07-33 #SD-07-34 Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. This criterion is not applicable to this property. The Queen City Park district is noted for its small lots and dense use. Contiguous open space areas are not a primary concern in this area. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. This project does not warrant review by the Fire Chief. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. This project does not need to extend services or infrastructure to adjacent landowners. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project is consistent with the South Burlington Comprehensive Plan for reasons already stated, including the planned use and density of the QCP zoning district. CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations the proposed structure shall be reviewed as a conditional use and shall meet the following standards: The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. The proposed project is consistent with the planned character of the area, as defined by the Comprehensive Plan. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. The proposed project is consistent with the stated purpose of the Queen City Park Zoning District, which is "to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods. " -3- #SD-07-33 #SD-07-34 The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposed project will not adversely affect municipal services. This addition will have no impact on educational facilities. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposed project will not have an adverse affect on the character of the neighborhood or zoning district that this property falls within. (c) Traffic on roads and highways in the vicinity. It is extremely unlikely that this proposed addition will generate any additional traffic. Any traffic that is generated by this addition will be negligible in its effect on the neighborhood. (d) Bylaws in effect. Concerns have already been noted about the dimensional standards of the zoning district. The appropriate setbacks have not been met. (e) Utilization of renewable energy resources. The proposed project will not likely affect renewable energy resources. (0 General public health and welfare. The proposed project will not likely have an adverse affect on general public welfare. SITE PLAN REVIEW STANDARDS Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the proposed conditional use shall meet the following standards: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The proposed project has been planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. M #SD-07-33 #SD-07-34 Parking is to the front building. However, given that the nature of the project as a single- family residential use, this layout is acceptable and in harmony with the rest of the neighborhood. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The applicant has stated that the proposed structure will be two stories (18 feet) in height, which is in compliance with Section 4.07(E) and 4.08(F) of the Land Development Regulations. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. It has already been stated that all utility lines shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The applicant has submitted sufficient building elevations. (t) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The applicant has submitted sufficient building elevations. (g) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. It is not necessary to require any additional access easements as part of the proposed project. (h) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. It has already been stated that any new utility lines, services, and service modifications shall be underground. -5- #SD-07-33 #SD-07-34 (i) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). As this is a single-family residential lot, it is unlikely that this criterion would apply. (j) Landscaping and Screening Requirements The proposed project does not require additional landscaping or screening under the South Burlington Land Development Regulations. Furthermore, no trees or shrubs are proposed to be removed in order to accommodate the dwelling and so none are required to be replaced. Pre -Existing Structures along Lake Champlain and within Queen City Park This proposed construction shall be reviewed under Section 12.01(D) of the South Burlington Land Development Regulations which 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: a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. The existing structure meets this criterion. 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. The proposed structure is no closer to the lake than the existing structure. 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 April 24, 2000. The proposed expansion meets this criterion: the expansion is 15.2% of the existing structure. 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. The applicant has submitted an erosion control plan. The plans contain notes for erosion control measures on the adjoining properties. Given the dense nature of the area, this is not unusual. Furthermore, the applicant has submitted letters from the adjoining property owners establishing consent. e) A landscaping plan showing plans to preserve maintain and supplement existing #SD-07-33 #S D-07-34 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. The plan indicates that all trees will remain and meets this criterion. DECISION Motion by Gayle Quimby, seconded by Roger Farley, to approve Preliminary Plat Application #SD-07-33 and Final Plat Application #SD-07-34 of Marcel Beaudin, 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 Board grants a front yard setback waiver of two (2) feet. 4. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. 5. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 6. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or the site plan approval is null and void. 7. The mylar shall be recorded prior to permit issuance. 8. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 9. 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 — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Eric Knudsen — yea/nay/abstain/not present Peter Plumeau — yea/nay/abstain/not present Gayle Quimby — yea/nay/abstain/not present 7- #SD-07-33 #SD-07-34 Motion carried by a vote of 6-0-0. Signed this day of 2007, by ! Mark Behr, Vice Chairman 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).