HomeMy WebLinkAboutSD-15-32 - Decision - 1840 Spear Street#SD-15-32
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC— 334 UNIT PLANNED UNIT DEVELOPMENT
1840 SPEAR STREET
FINAL PLAT APPLICATION #SD-15-32
FINDINGS OF FACT AND DECISION
Final plat application #SD-15-32 of South Village Communities, LLC to amend a previously approved 334
unit planned unit development. The amendment consists of revising the plans for Phase II of the
development to: 1) add curbs along the roads, 2) add sidewalks along the north side of Preserve Road
and the southerly sections of North Jefferson Road, 3) revise the lot layout between Churchill Street,
North Jefferson Road and Preserve Road, and 5) reduce the number of units in this phase from 99 to 91
units, 1840 Spear Street.
The Development Review Board held a public hearing on October 20, 2015 and November 17, 2015.
Robin Jeffers and David Burke 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. South Village Communities, LLC, hereinafter referred to as the applicants, is seeking Final Plat
approval to amend a previously approved 334 unit planned unit development. The amendment consists
of revising the plans for Phase II of the development to: 1) add curbs along the roads, 2) add sidewalks
along the north side of Preserve Road and the southerly sections of North Jefferson Road, 3) revise the
lot layout between Churchill Street, North Jefferson Road and Preserve Road, and 5) reduce the number
of units in this phase from 99 to 91 units, 1840 Spear Street.
2. The owner of record of the subject properties is South Village Communities, LLC
3. The application was received on July 17, 2015
4. The subject property is located in the Southeast Quadrant -Neighborhood Residential -Zoning District.
5. The plan submitted consists of twenty-nine (29) pages with page one (1) entitled "South Village
Communities, LLCSpearStreet South Burlington, VTMulti-Family Building Lot Plan" prepared by O'Leary -
Burke Civil Associates, PLC and dated September 23, 2015.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
The dimensional standards outlined in Table C-2 of the Land Development Regulations were altered
through the Master Plan approval process for the subject property. The approved waivers are outlined in
the decision and findings of fact for Master Plan #MP-05-02. The proposed project (Phase 2) meets all of
the dimensional standards approved in the Master Plan.
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As discussed during the Master Plan approval, the applicant had asked that the preliminary and final plat
reviews of each of the three phases be limited to single-family, two-family, and three-family dwelling units.
Thus, any buildings with greater than three dwelling units, in addition to the school, will be reviewed under
separate Site Plan reviews. The DRB approved this Master Plan approach.
MASTER PLAN
Pursuant to Section 15.07 D (3), the following applies:
Any application for amendment of the master plan, preliminary site plan or preliminary plat that
deviates from the master plan in any one or more of the following respects, shall be considered a new
application for the property and shall require sketch plan review as well as approval of an amended
master plan:
a) An increase in the total FAR or number of residential dwelling units for the property subject
to the master plan;
b) An increase in the total site coverage of the property subject to the master plan;
c) A change in the location, layout, capacity or number of collector roadways on the property
subject to the master plan;
d) Land development proposed in any area previously identified as permanent open space in
the approved master plan application; and/or
e) A change that will result in an increase in the number of PM peak hour vehicle trip ends
projected for total build -out of the property subject to the master plan.
No changes with respect to the five items noted above are proposed. Therefore, an amendment to the
Master Plan is not required.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PLIDs shall comply
with the following standards and conditions:
(A)(1) 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 dwelling units.
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 finds that no changes from what was previously approved in #SD-14-33 are proposed.
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(A)(2) 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 Board finds that no changes from what was previously approved in #SD-14-33 are proposed.
(A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
The Board notes that as part of the Findings of Fact & Decision for #SD-14-33, the Board established
Condition #9 that "(p)rior to the issuance of the zoning permit for the 501h unit within Phase Two, the "
Marsh Road" connection to Spear Street shall be constructed. "
The applicant noted that Marsh Road is now called Preserve Road. The submitted plans reflect this
change.
The Board finds that no changes from what was previously approved in #SD-14-33 are proposed that would
impact access, circulation and traffic management strategies.
(A)(4) 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.
The applicant previously applied for and obtained a state wetland permit which was approved on
September 10, 2014.
The Board finds that the applicant has satisfied this condition and that this criterion is met.
9.06(B) (5) also requires that wetlands and buffers, streams, and natural communities be visually
delineated in some way in order to prevent creep from private parcels into the wetland.
As part of the Findings of Fact & Decision for #SD-14-33, the Board found this criterion to be met and
established several conditions to protect the wetland and associated buffer areas and to require
delineation of open space areas from single family and multi family housing.
As evidence of meeting this condition, the applicant previously submitted the existing Land
Management Plan that is recorded within the City Land Records which applies to the entire
development.
See discussion on page 12 with regards to 9.06 (D) Parks Design and Development.
(A)(5) 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.
Pursuant to Section 9.01 of the Land Development Regulations, the Southeast Quadrant District (SEQ) is
hereby formed in order to encourage open space preservation, scenic view and natural resource
protection, wildlife habitat preservation, continued agricultural use, and well as planned residential use
in the largely undeveloped area of the City known as the Southeast Quadrant. The open character and
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scenic views offered in this area have long been recognized as very special and unique resources in the
City and worthy of protection. The location and clustering of buildings and lots in a manner that in the
judgment of the Development Review Board will best preserve the open space character of this area
shall be encouraged.
As part of the Findings of Fact & Decision for #SD-14-33, the Board found this criterion to be met. The
Board finds that none of changes proposed as part of this application affect this finding.
(A)(6) 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.
As part of the Findings of Fact & Decision for #SD-14-33, the Board found this criterion to be met. The
Board finds that none of changes proposed as part of this application affect this finding.
(A)(7) 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.
In an email to staff dated October 8, 2015 the Fire Department commented as follows:
Just wanted to give you written comments on the projects due 10109.
South Village phase II changes look good, with a couple of comments: Lots 40, 41 and 67 are greater
than 150' off the public way and shall be sprinkled.
All hydrants shall be tested and approved by the water folks BEFORE construction is started. There is a
single family home under construction that has no hydrant closer than 1200' away (residential std is 500'
spacing). I have called Robin about this very issue and SDI is working quickly to resolve some as they are
wholly liable if the building is lost.
DC Terence Francis, CFI
Fire Marshal
South Burlington Fire Department
The Board notes that as part of the approval for phase 2 under decision #SD-14-33, the Board made a
finding that lot #40, #41 & #67 do not need to include residential sprinkler systems and no changes are
proposed which would cause the Board to revise this finding.
The Board finds that the applicant shall comply with the Fire Chief's comments with the exception of
requiring residential sprinkler systems for lots #40, #41 & #67.
(A)(8) 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.
(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
The applicant, at the request of South Village Phase I residents, is requesting to add a second sidewalk
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on the opposite sides of select streets for which sidewalks on only one side had been previously
approved. The Board had no concerns with this request.
The Board finds the proposed sidewalks acceptable and that this criterion is met.
Lighting is discussed under Section 9.08, SEQ Neighborhood Residential.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility
lines shall be underground.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
As part of the Findings of Fact & Decision for #SD-14-33, the Board found this criterion to be met. The
Board finds that none of changes proposed as part of this application affect this finding.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall
require site plan approval. Section 14.06 of the South Burlington Land Development Regulations
establishes the following general review standards for all site plan applications:
(A) Relationship of the proposed development to the City of South Burlington Comprehensive Plan.
As part of the Findings of Fact & Decision for #SD-14-33, the Board found this criterion to be met. The
Board finds that none of changes proposed as part of this application affect this finding.
(B)(1) 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.
As part of the Findings of Fact & Decision for #SD-14-33, the Board found this criterion to be met. The
Board finds that none of changes proposed as part of this application affect this finding.
(B)(2) Parking:
a. Parking shall be located to the rear or sides of buildings. Any side of a building facing a
public street shall be considered a front side of a building for the purposes of this
subsection.
b. The Development Review Board may approve parking between a public street and one or
more buildings if the Board finds that one or more of the following criteria are met. The
Board shall approve only the minimum necessary to overcome the conditions below.
C. ...
(iii) The parking area will serve a single or two-family home;
Single and two-family homes in the proposed Phase II are not subject to this standard.
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Although 3-unit structures are not exempt from the above standard, the Board has previously found that
with the Master Plan having granted a waiver for 3-unit buildings to be approved without site plan approval,
this standard related to parking location requirements does apply here.
(B)(3) 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.
As part of the Findings of Fact & Decision for #SD-14-33, the Board found that the homes proposed here
satisfy the standards within the Land Development Regulations, and that the elevations for the multi -family
buildings shall be reviewed as part of the site plan review for each multi -family building. The Board finds
that none of changes proposed as part of this application affect this finding.
(B)(4) Newly installed utility services and service modifications necessitated by exterior alterations or
building expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines
shall be underground.
As part of the Findings of Fact & Decision for #SD-14-33, the Board found this criterion to be met. The
Board finds that none of changes proposed as part of this application affect this finding.
(C)(1) The Board 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.
As part of the Findings of Fact & Decision for #SD-14-33, the Board found this criterion to be met. The
Board finds that none of changes proposed as part of this application affect this finding.
(C)(2) 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.
As part of the Findings of Fact & Decision for #SD-14-33, the Board found this criterion to be met. The
Board finds that none of changes proposed as part of this application affect this finding.
Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South
Burlington Land Development Regulations:
(A) 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.
As part of the Findings of Fact & Decision for #SD-14-33, the Board found that no additional easements
are needed for this project (Phase 2 of the Master Plan). The Board finds that none of changes proposed
as part of this application affect this finding.
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(B) 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.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines
shall be underground.
As part of the Findings of Fact & Decision for #SD-14-33, the Board found this criterion to be met. The
Board finds that none of changes proposed as part of this application affect this finding.
(C) 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).
No dumpsters are currently shown. Dumpsters and other facilities serving the proposed multi -family
buildings will be addressed at their Site Plan review.
(D) Landscaping and Screening Requirements
Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening
shall be required for all uses subject to planned unit development review. The minimum landscape
requirement for this project is determined by Table 13-9 of the South Burlington Land Development
Regulations. The costs of street trees are in addition to and separate from this minimum landscape
requirement.
The total construction cost for the single family homes and duplexes located on footprint lots is estimated
at $7,000,000. The minimum landscaping requirement is calculated as follows:
Total Building Construction or
Building Improvement Cost
% of Total Construction/
Improvement Cost
Cost of proposed project
$7,000,000
$0 - $250,000
3%
$7,500
Next $250,000
2%
$5,000
Additional over $500,000
1%
$65,000
Minimum Landscaping $ >>
$77,500
The applicant has provided detailed landscaping plans for the pollinator row (aka "Edible Farm Planting") at
the northwest portion of the property and for the foundation plantings around the 40 units located on
footprint lots. The value of these plantings exclusive of the groundcover is $32,090. As noted in the
applicant's letter of November 6, 2015 the Board (cf. #SD-14-33) previously granted a credit of $51,520 for
installation of the split rail fencing along the edge of the wetlands to the east of the project. This results in a
total landscaping proposed of $83,520 ($32,090 + $51,520) which exceeds the minimum requirement.
The Board finds the minimum landscaping requirement as being met.
SOUTHEAST QUADRANT DISTRICT
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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:
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.
In addition, the standards set forth in C-2 — Dimensional Standards Applicable in All Districts shall
apply. The most restrictive limitations shall apply at the time a zoning application is submitted. And
shall apply to the single, two (2) and three (3) unit buildings.
Note that for the multi -family (4+ unit) structures, section 3.07(C) & 9.05 (B) provides specific
provisions for projects with Master Plan approval.
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
This standard is satisfied, as discussed above from master plan approval.
(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.
As part of the Findings of Fact & Decision for #SD-14-33 the Board found this criterion satisfied with
respect to the block length below. The average density remains below that which is permitted in the sub-
district. The Board finds that none of changes proposed as part of this application affect this finding.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be
established by the applicant.
As part of the Findings of Fact & Decision for #SD-14-33, the Board set forth Condition #30 which
stated that "The requirement that a management and maintenance plan for the dedicated open
spaces be submitted is satisfied by the existing approved plan which was approved as part of phase I of
the development".
The Board finds that none of changes proposed as part of this application affect this finding.
(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
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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.
The applicant has submitted an Erosion and Sediment Control plan. The Board finds this criterion to be met.
(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.
As noted in the Findings for #SD-14-33, there are small encroachments into a Class II wetland buffer and
what appears to be an isolated class III wetland on the site.
See the discussion above in A (4) of the PUD compliance analysis. The Board finds that none of changes
proposed as part of this application affect this finding.
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.
This standard is satisfied from master plan approval. The Board finds that none of changes proposed as
part of this application affect this finding.
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.
The Board finds the proposal to comply with the Official Map, which proposes a road and a recreation
path or trail connection in the vicinity of those proposed on the Phase 2 plan.
(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.
(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.
See the comments and recommended items for Board review under PUD standards for a discussion of
recreation paths and sidewalks.
(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
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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.
See above discussion under PUD standards.
E. Circulation. The project shall incorporate access, circulation and traffic management strategies
sufficient to prevent unsafe conditions on 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.
(1) Roads shall be designed in a manner that is compatible with the extension of such services
and infrastructure to adjacent properties.
(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.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and
neighborhoods shall apply.
See discussion above in the PUD section of this decision.
D. Parks Design and Development.
(1) General standards. The SEQ has an existing large community park, the Dorset Street Park
Complex. Parks in the SEQ may be programmed as neighborhood parks or mini -parks as defined in
the Comprehensive Plan. Mini parks in the SEQ should be a minimum of 10,000 square feet, with
programming approved by the South Burlington Recreation Department. Such parks are to be
located through the neighborhoods in order to provide a car free destination for children and
adults alike, and to enhance each neighborhood's quality of life. They shall be knitted into the
neighborhood fabric as a focal point in the neighborhood, to add vitality and allow for greater
surveillance by surrounding homes, local streets and visitors. Each park should be accessible by
vehicle, foot, and bicycle and there should be a park within a quarter -mile of every home.
(2) Specific Standards. The following park development guidelines are applicable in the SEQ-
NRT, SEQ-NR, SEQ-VR, and SEQ-VC districts:
(a) Distribution and Amount of Parks:
(i) A range of parks and open space should be distributed through the SEQ to meet a
variety of needs including children's play, passive enjoyment of the outdoors, and active
recreation.
(ii) Parks should serve as the focus for neighborhoods and be located at the heart of
residential areas, served by public streets and fronted by development.
(iii) Parks should be provided at a rate of 7.5 acres of developed parkland per 1,000
population per the South Burlington Capital Budget and Program.
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(iv) A neighborhood or mini park of 10,000 square feet or more should be provided
within a one -quarter mile walk of every home not so served by an existing City park or
other publicly -owned developed recreation area.
(b) Dedication of Parks and Open Space: Parks and protected open space must be
approved by City Council for public ownership or management, or maintained permanently by
a homeowners' association in a form acceptable to the City Attorney.
(c) Design Guidelines
(i) Parks should be fronted by homes and/or retail development in order to make
them sociable, safe and attractive places.
(ii) Parks should be located along prominent pedestrian and bicycle connections.
(iii) To the extent feasible, single -loaded roads should be utilized adjacent to natural
open spaces to define a clear transition between the private and public realm, and to
reinforce dedicated open space as a natural resource and not extended yard areas.
Several parcels of open space are proposed on the project with a substantial network of trails. In
addition, as part of the Master Plan, a future public recreation field was approved near the intersection
of Allen Road and Spear Street.
This application will also establish an "Open Space" lot bounded on the north and east by units 26N-
37N, on the west by the proposed recreation path, and on the south by units #36N & 37N. As detailed
in Plan Sheet 8, the applicant will install 16 ft. segments of Cedar Split Rail fencing approximately 1 ft.
inside the property line of the open space lot along its easterly boundary. This measure along with the
construction of the recreation path will serve to delineate the general boundaries of the Open Space lot.
The Board finds this criterion to be met.
9.08 SEQ-NR &NRT Sub -District; Specific Standards
The SEQ-NRT sub -district has additional dimensional and design requirements, as enumerated in this
Section.
A. Street, block and lot pattern.
(1) Development blocks............
(2) Interconnection of Streets ..................
(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.
The only street stub proposed as part of this application is at the north end of North Jefferson Road. It is
proposed to be constructed to the property line. The Board finds this criterion to be met.
(4) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of
1:2.5 to 1:5 recommended.
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The proposed development includes both individual lots for buildings as well as PUD sections with
shared lots.
As part of its Findings for #SD-14-33, the Board granted waivers to allow the minimum lot width to
depth ratio of 1:2 for Lots 39-47, 48a, 49a, and 50-55.
The Board finds that none of changes proposed as part of this application affect this finding.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the NR 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 9-1 and 9-2, and Figures 9-4 and 9-5 of the SBLDR.
The Board has already commented on the roadway, sidewalk, and recreation path design.
(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.
As part of the Findings of Fact & Decision for #SD-14-33, the Board previously approved the construction
of sidewalks on just one side of the street. For this application, the Board approves construction of
sidewalks on both sides of the street along North Jefferson Road, Churchill Street and a portion of
Preserve Road.
(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.
The applicant is requesting a waiver to allow street trees to be planted more than 30 ft. on center along
North Jefferson Road. The trees along North Jefferson Road have an average spacing of 32 feet on
center due to the constraints imposed by driveways while those on other roads will meet the
requirement.
In an email to staff dated November 16, 2015 the City Arborist commented that "(t)he plans look good."
The Board finds this criterion to be met.
(4) On -street parking; see Section 9.08(B)(4).
On street parking is appropriate in a small neighborhood. The Board finds that the roadway is of
sufficient width and well -planned to accommodate such.
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(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).
See discussion on page 7. The Board finds this criterion to be met.
(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.
As part of the Findings of Fact & Decision for #SD-14-33, the Board established Condition #8-d which
stated that "(t)he final plat plans shall be revised to propose pedestrian -scaled light fixtures (e.g., 12' to
14').
The applicant has submitted Lighting Detail as well as cut -sheets of proposed LED luminaries that are 14'
high.
The Board finds that the applicant has satisfied this condition and this criterion is met.
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).
All proposed buildings are oriented to streets. The Board finds this criterion to be met.
(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.
The applicant proposed changes to the "South Village Residential Design Standards" to address "Street
Visible Elevations.", i.e. the Board's concern of blank walls from a street view.
At the November 17, 2015 meeting the Board and the applicant discussed the proposed additional
language to the "Residential Design Standards" document and also discussed concerns over the
potential for the construction of rear garage walls lacking fenestration.
The Board hereby approves the following additions (see underlined text) to the "South Village
Residential Design Standards" document:
[Starting on page 1 and extending on to page 2 of the document]
Garages:
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Shall beset back 8' from a full front porch, or 8' back from the front elevation of conditioned space if a
front porch is absent on any front load garage home. A full front porch shall be considered to be a full
front porch' if it cover the full front of the conditioned street facing elevation on the home with a street
facing garage or at least be as wide as 60% of any street facing garage elevation on the home with a
street facing garage and 6' in depth. Rear load garages are exempt from this standard. Side & rear load
garages are encouraged. Any side load garage shall have architectural fenestration on any street facing
elevation of a window, door, false window (shuttered, louvered) etc. and shall appear as an integral
home element. Side load garages may be home forward if appearance from the street is not of the
garage door. "Street facades of homes shall be b lanced that he street elevation of conditioned space
shall be no less than 70% width in relationship to the width of a street facing garage that serves the unit.
Any garage wall on the rear facade of a home that faces another home or a street shall have
fenestration on that wall of window and/or door.
Street visible elevations (911 Address view perspective including full sides if a corner lot):
The street view perspective as viewed from the street & sidewalk shall have architectural fenestration
so that there are no 'blank' walls of 12' or greater, examples are; but not limited to; door, window, false
window, etc. Each expanse of a full story shall have this fenestration, ie, 2 stories, a window or other
listed element at the first and second level. Street view perspective shall be defined to be, the 911 street
elevation (front) of the home and 50% of the side elevation street forward from midline of the home on
each side, fie 50% of the side elevations), unless a full side is visible from the street, by nature of being on
a corner lot, or other lot configuration where a directly neighboring home is absent, in which case the
entire exposed side is to meet the street visible criteria.
The Board finds that this criterion is met.
(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 twenty-five
feet (25') from the back of sidewalk.
As part of its Master Plan approval the front setback for both single family homes and multi -family units
was reduced from 20 ft. to 10 ft. As part of the Findings of Fact & Decision for #SD-14-33, the Board
found this criterion to be met. The Board finds that none of changes proposed as part of this application
affect this finding.
(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.
As part of its Master Plan approval the front setback for both single family homes and multi -family units
was reduced from 20 ft. to 10 ft. None of the porches, stoops or balconies project into this setback.
The Board finds this criterion to be met.
(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.
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As part of its Findings for #SD-14-33, the Board established condition 34 which stated that "(t)he garages
on lots #40, 41 and 60 shall be side loaded."
The Board finds that none of changes proposed as part of this application affect this finding.
(6) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and
affordability is encouraged within neighborhoods and developments. These should be mixed within
blocks, along the street and within neighborhoods rather than compartmentalized into sections of
near -identical units.
As part of its Findings for #SD-14-33, the Board established condition 10 which stated "South Village
Residential Design Standards Guidelines, For Residential Homes (Single Family, Duplex and Triplex,
Carriage Home)" on December 2, 2014" which sets forth the method by which the applicant will comply
with the residential design guidelines.
The proposed changes to the PUD in this application do not change this finding and the Board finds that
the proposed mix of single family homes, duplexes and two multi -family dwellings also makes the
development compliant with this standard.
OTHER ISSUES
Stormwater
In an email to staff dated October 6, 2015, the Department of Public Works commented as follows:
Our comments have been sufficiently addressed. The DRB should include a condition requiring the
applicant to regularly maintain the stormwater treatment practice.
Thanks,
Dave
David P. Wheeler
Assistant Stormwater Superintendent
The Board finds that the applicant shall regularly maintain the stormwater treatment practice.
Landscaping around utility cabinets
Sheet #13 details all utility cabinets for compliance with Section 13.18 of the Land Development
Regulations. The applicant's revised plans submitted on November 6, 2015 provide details on locations
of transformer cabinets and utility pedestals and associated landscaping. The Board finds this criterion
to be met.
Notice of Conditions
There are "footprint" lots proposed around several of the new units. For purposes of the Land
Development Regulations, the Board finds that all footprint lots within a cluster will be considered one
lot.
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DECISION
Motion by Bill Miller, seconded by John Wilking, to approve final plat application #SD-15-32 of South
Village Communities, LLC, 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 applicant shall obtain a Certificate of Occupancy prior to use or occupancy of any of the
buildings other than the single family dwellings and two (2) family dwellings.
4. The applicant shall receive final wastewater allocations prior to issuance of any zoning permits.
5. The Board approves the document entitled "South Village Residential Design Standards Guidelines,
For Residential Homes (Single Family, Duplex and Triplex, Carriage Home)" dated November 24,
2015 which sets forth the method by which the applicant will comply with the residential design
guidelines.
6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
7. The proposed project shall 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 shall meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
8. The applicant shall be responsible to regularly maintain all stormwater treatment and conveyance
structures on -site.
9. Prior to issuance of a zoning permit for the first lot or start of utility or road construction, the applicant
shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format.
10. Prior to permit issuance for the first permit in each element indicated below, the applicant shall post
additional bonds in the amounts indicated to reflect the changes proposed herein from what was
bonded in connection with #SD-14-33. These bonds shall remain in full effect for three (3) years to
assure that the landscaping has taken root and has a good chance of survival.
a. Street Trees, an additional bond of $16,749 for street trees to reflect the difference
between the original $152,536 landscape bond and the $169,285 proposed in the
applicant's Cost Estimate prepared by Michael Lawrence dated October 30, 2015.
b. Road Construction, an additional bond to cover the cost difference between the streets
as previously approved and the proposed streets with the additional sidewalks & curbs.
This amount is to be approved by the Director of Public Works.
11. Street trees must be in place along the street prior to adding the final layer of the pavement.
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#SD-15-32
12. Any changes to the final plat plan shall require approval of the South Burlington Development
Review Board.
13. The mylars shall be recorded prior to any zoning permit issuance.
14. In accordance with Section 15.14(E) (2) of the Land Development Regulations, within 14 days of the
completion of the required improvements, the developer shall submit to the City Engineer "as -built"
construction drawings certified by a licensed engineer.
15. Any proposed utility cabinets, not shown on the record plans, must be approved by the
Development Review Board prior to installation.
16. All street lights shall be LED type.
17. For purposes of the Land Development Regulations, all "footprint" lots contained within Common
lots "A" through "D" shall be considered one (1) lot within each Common lot. The applicant shall
record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to
recording the final plat plan.
18. The final plat plans shall be recorded in the land records within 180 days or this approval is null and
void. The plans 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 plats in digital format. The format of
the digital information shall require approval of the South Burlington GIS Coordinator.
Tim Barritt—
vea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Matt Cota —
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 — 0.
Signed this 3 day of
T)eGe►-b«
Tim Barritt, Chair
2015, by
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
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#SD-15-32
http://vermontiudiciary.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 802.879.5676 to speak with the regional Permit Specialist.
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