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HomeMy WebLinkAboutSD-23-08 - Decision - 1170 1180 Dorset Street#SD-23-08 1 1 of 14 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RIVERS EDGE BUILDING DEVELOPMENT, LLC 1170-1180 DORSET STREET FINAL PLAT APPLICATION #SD-23-08 FINDINGS OF FACT AND DECISION Final plat application #SD-23-08 of Rivers Edge Building Development, LLC for the 3.6 acre “Park Road Area” phase of a previously approved master plan for a 450-acre Golf Course and 354-unit residential development. The planned unit development consists of consolidating three existing lots for the purpose of constructing fourteen dwelling units in two-family homes on two private roads, 1170 & 1180 Dorset Street. The Development Review Board held a public hearing on June 20, 2023 and July 18, 2023. Bryan Currier and David Burke represented the applicant. Based on testimony provided at the above-mentioned public hearings 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 project consists of Final plat application #SD-23-08 of Rivers Edge Building Development, LLC for the 3.6 acre “Park Road Area” phase of a previously approved master plan for a 450-acre Golf Course and 354-unit residential development. The planned unit development consists of consolidating three existing lots for the purpose of constructing fourteen dwelling units in two- family homes on two private roads, 1170 & 1180 Dorset Street. 2. The project is located in the Southeast Quadrant-Neighborhood Residential Zoning District. 3. The owner of record of the subject property is Highlands Development Company, LLC. 4. The application was received on May 10, 2023. 5. The Board reviewed the related sketch plan application #SD-21-20 on August 3, 2021, and approved the ensuing preliminary plat application #SD-22-03 on May 18, 2022. 6. The 2015 stipulated master plan approval for the Golf Course allows a maximum of fifteen (15) dwelling units in the Park Road development area, provides that the Development Review Board (“DRB”) shall review the Park Road development proposal under the Land Development Regulations (“LDR”) adopted on May 12, 2003, and requires a preliminary plat application as the next level of review for the Park Road development area. 7. The City Council reviewed an application (#IZ-20-01) received under the Interim Bylaws adopted in November 2018 and issued a jurisdictional opinion on July 24, 2020 stating that the development proposed shall be reviewed under the LDRs adopted on May 12, 2003. 8. The subject property comprises a portion of the Vermont National Country Club Golf Course Planned Unit Development (PUD). In 2015, the City of South Burlington and the two owners of the undeveloped and/or golf course portions of the PUD, Highlands Development Company, LLC, and JAM Golf, LLC reached a settlement approving a master plan for the PUD. The parties agreed to, and the Vermont Superior Court approved, an Amended Consent Order and Decree approving a master plan application for the PUD (the “2015 master plan approval”), which includes these parcels totaling 3.65 acres. #SD-23-08 2 2 of 14 9. The project is located along Dorset Street, south of an approved 32-unit development at Zoey Circle (550 Park Road, #SD-21-06) and north of a five-unit development at Foulsham Hollow Road. The development at Zoey Circle is approved to consist of single and two-family homes, while the development at Foulsham Hollow Road consists of single-family homes. It is served by an existing recreation path on Park Road and Dorset Street and is in an area identified in the 2001 Comprehensive Plan as an area of lower intensity, principally residential development. 10. The plans submitted consist of: Sheet No: Plan Description: Prepared By: Last Revised Date: 1 Overall Plan O’Leary-Burke 6/29/2023 2 Existing Conditions & Erosion Control Plan 6/29/2023 3A Site Plan (1 of 2) 6/29/2023 3B Site Plan (2 of 2) 6/29/2023 4 Plan & Profile 6/29/2023 5 Photometric Plan 5/1/2023 6 Details & Specifications (page 1 of 5) 6/29/2023 7 Details & Specifications (page 2 of 5) 5/1/2023 8 Details & Specifications (page 3 of 5) 1/20/2022 9 Details & Specifications (page 4 of 5) 1/20/2022 10 Details & Specifications (page 5 of 5) 5/1/2023 11 Stormwater Management Plan 5/1/2023 12 Ledge Removal Plan 5/1/2023 13 Grading & Signage Plan 6/29/2023 14 Building Elevation 5/8/2023 L-1 Landscape Plan 6/29/2023 L-2 Landscape Plan 6/29/2023 PL1 Subdivision Plat 6/29/2023 A) ZONING DISTRICT AND DIMENSIONAL STANDARDS Within the applicable LDR, SEQ setbacks are 20 ft front, 10 ft side, and 30 ft rear. Along Dorset Street, there is a minimum 50-foot setback. Building coverage is limited by the 2015 master plan approval to 15% and lot coverage to 30%. At this time, the applicant has indicated they are proposing 18.7% building coverage and 36.5% lot coverage. The master plan approval addressed the topic of overall coverage and building coverage as follows: “Building and impervious coverage: A total building coverage of 7% and a total impervious coverage of 15% are approved for the VNCC PUD. These are overall limits for the entire VNCC PUD subject to this approval. Within individual development areas as described and approved in this application, these overall limits may be exceeded provided the applicable SEQ zoning district limitations of fifteen percent (15%) for buildings and thirty percent (30%) overall are met.” In previous approvals, the Board has allowed individual development areas to exceed 15% building and 30% overall lot coverage, provided the overall PUD meets the coverages. The applicant is reporting that coverage for the overall PUD is 5.7% building coverage and 11.9% lot coverage. The Board approved this proposed coverage at preliminary plat. As per the 2003 LDRs, height is limited to 40 ft, measured from average preconstruction grade to the #SD-23-08 3 3 of 14 apex of the roof structure for pitched roofs. The Board has the authority to grant a waiver for a taller structure, with specific review requirements for such a waiver request. Specific zoning district standards of the May 12, 2003 LDR follow. 3.07 Height of Structures A. General Provisions. Except as otherwise provided under Article 4, Section 4.08, Queen City Park District, Article 8, Central District, Article 10, Scenic View Overlay Protection District, and Article 15, Subdivision and Planned Unit Development Review of these Regulations, structure in all districts shall comply with the building height standards presented in this section. Maximum allowable building heights are illustrated in Figure 3-1, Height of Structures. B. Pre-Construction Grade. For the purpose of regulating height under this section, pre- construction grade shall be defined as the grade existing on the property on the date of an application under the South Burlington Land Development Regulations for any development approval (variance, conditional use approval, zoning permit, site plan approval), unless another grade has been established as the pre-construction grade pursuant to Section 3.12, Alteration of Existing Grade below. Where land receives subdivision approval from the Development Review Board, the grade shown on the approved subdivision plat shall constitute the pre-construction grade, unless modified in accordance with Section 3.12, Alteration of Existing Grade below. The applicant is requesting the Board to approve an alteration of the pre-existing grade as described under 3.12.B(2)(d) below. The applicant is specifically requesting the Board to approve an adjustment of the pre-construction grade from 402 feet to 403.5 feet for units 9-10. The applicant has testified that a pre-construction grade of 403.5 feet will relate to the elevation of the proposed private road ‘Brookfield Drive’, allowing units 9-10 to be level with the east side of the road and not causing them to look out of place in relation to neighboring units on the same street or in relation to units on the other proposed private street, ‘Trails End Drive’, while still measuring equal to or less than 40 feet in height when measured from the pre-construction grade. Without the requested alteration of pre-construction grade, the proposed building would be 41.5 feet in height. C. Residential Structures. For any single-family or duplex residential structure, there shall be no more than three stories exposed on any side. Fourth-story vertical extensions (i.e., dormers) may be allowed provided a) they do not exceed the height of the roof peak and b) the total width of the extensions does not exceed fifty percent (50%) of the horizontal distance of the roof line. Vertical extensions that exceed fifty percent (50%) of the horizontal distance (i.e., step dormers) are limited to a maximum height of five (5) feet. The applicant is not proposing to expose more than three stories on any side of any proposed structure, including units 9-10. The dormers shown on the provided elevations and renderings do not exceed the height of the roof peak and are less than fifty percent of the horizontal distance of the roofline. As such, the Board finds the applicant to be in compliance with this criterion. D. Maximum Height. Except as allowed below in this section, no point of any pitched roof structure shall rise more than forty (40) feet, and no point of any other structure shall rise more than thirty-five (35) feet, above the average pre-construction grade adjoining such structure. The applicant is not requesting a waiver of maximum building height for units 9-10. With the requested adjustment of the pre-construction grade, the proposed building height will be #SD-23-08 4 4 of 14 exactly 40 feet, which is approval as the maximum height of a pitched roof structure. 3.12 Alteration of Existing Grade A. Permit Required. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental to or in connection with the construction of a structure on the same lot, shall require the approval of the Development Review Board. The Development Review Board may grant such approval where such modification is requested in connection with the approval of a site plan, planned unit development or subdivision plat. This section does not apply to the removal of earth products in connection with a resource extraction operation (see Section 13.16, Earth Products.) B. Standards and Conditions for Approval. (1) The Development Review Board shall review a request under this Section for compliance with the standards contained in this sub-Section 3.12(B). and Section 3.07, Height of Structures of these regulations. An application under Section 3.12(A) above shall include the submittal of a site plan, planned unit development or subdivision plat application showing the area to be filled or removed, and the existing grade and proposed grade created by removal or addition of material. The applicant has submitted the required materials. (2) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: (a) Duration or phasing of the permit for any length of time. The Board finds that no limit to the duration of the altered grade is required for the proposed project. (b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures. The Board finds the proposed conditions plans shall constitute the approved rehabilitation plans. (c) Provision of a suitable bond or other security in accordance with Section 15.15 adequate to assure compliance with the provisions of these Regulations. The Board finds no additional sureties beyond that otherwise required for the project to be required. (d) Determination of what shall constitute pre-construction grade under Section 3.07, Height of Structures. The applicant has requested that the pre-construction grade for units 9-10 be measured as 403.5 feet. These units are proposed to be walk-out units and will be on the newly constructed ‘Brookfield Drive’. The applicant has testified that the adjustment of the pre-construction grade will not cause the proposed units to look out of place in relation to the other homes on either ‘Brookfield Drive’ or ‘Trails End Drive’. The Board finds that the requested pre-construction grade for units 9-10 of 403.5 feet shall constitute the pre-construction grade for these units, and further finds that the applicant shall demonstrate compliance with the maximum building height of 40 feet as measured from the approved pre-construction grade at the time of application for each zoning #SD-23-08 5 5 of 14 permit. 15.18.B Southeast Quadrant District The 2015 master plan approval found 15.18.B(1) through (4) should be evaluated for individual compliance for each development project. (1) Open space and development areas shall be located so as to maximize the aesthetic values of the property in keeping with the Comprehensive Plan goal of preserving and enhancing the open character, natural areas and scenic views of the Quadrant, while allowing carefully planned development. (2) Building lots, streets and other structures shall be located in a manner that maximizes the protection of the open character, natural areas, and scenic views of the Quadrant identified in the Comprehensive Plan, while allowing carefully planned developments at the overall base densities provided in these Regulations. The Board at preliminary plat found the location of the project adjacent to Dorset Street, between two other development areas, supportive of compliance with these criteria. (3) Existing natural resources on each site shall be protected through the development plan, including streams, wetlands, floodplains, wildlife habitat and corridors including those areas identified in the South Burlington Open Space Strategy, and special natural and/or geologic features such as mature forests, headwaters areas, and prominent ridges. The project contains a mapped river corridor and the applicant’s plan shows the limits of a Class II wetland, and associated buffer. The applicant indicates on their erosion prevention and sediment control plan that the limit of the delineated wetland buffer will be the project limits of work. The proposed project impacts are extremely close to the wetland buffer (and proposed limits of work line) but the applicant is proposing a silt fence and construction tape along the limits of work line to protect the wetland from the impacts of runoff during the construction process. The Board at preliminary plat found the applicant must, at final plat, provide plans for grading, utilities and seeding with sufficient detail to demonstrate that impacts are avoided. The Board finds this condition to have been addressed. In terms of post-construction preservation, the applicant has provided a split-rail fence along the wetland buffer, permanently demarcating the wetland buffer from area that could be used as lawn. The plans further include signage associated with that split-rail fence that indicates it is demarcating a “Wetland Buffer” as required by the conditions of approval of the preliminary plat. As such, the Board finds this criterion met. (4) Consistent with (1) through (3) above, dedicated open spaces shall be designed and located to maximize the potential for combination with other open spaces on adjacent properties. The project involves very little open space. As noted above, the master plan approved this as a development area, therefore at preliminary plat the Board found this criterion met. (5) The conservation of existing agricultural production values on lands in the SEQ is encouraged through development planning that avoids impacts on prime agricultural soils as defined in the South Burlington Open Space Strategy and provides buffer areas between existing agricultural operations and new development, roads, and infrastructure. The 2015 master plan approval found continuation of agriculture to be not an issue for this proposal. (6) A plan for the proposed open spaces and/or natural areas shall be established by the #SD-23-08 6 6 of 14 applicant describing the intended use and maintenance of each area. Continuance of agricultural uses or enhancement of wildlife habitat values in such plans for use and maintenance is encouraged. The 2015 master plan approval establishes open space and natural areas for the PUD as a whole. At preliminary plat the Board found no plan is needed for this project area. (7) In the absence of a finding by the DRB 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 2015 master plan approval found this criterion met. B) 15.18.A SUBDIVISION STANDARDS The general standards applicable to this subdivision are as follows. 1. Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. The 2015 master plan approval found that the PUD held a valid water and wastewater allocation for a sufficient capacity to serve all proposed development. In order to prevent the undue appearance of limited capacity, the City’s general practice is that preliminary allocations expire after 10 years, so the Board directed the applicant at sketch to obtain preliminary water and wastewater. The Department of Public Works issued preliminary allocation #WWA-22-100 on January 6, 2022, for flows of 3,420 gallons per day. The Water Department issued a preliminary allocation on March 15, 2022, for flows of 6,300 gallons per day. The South Burlington Water Department reviewed the proposed plan on June 8, 2023, and July 2, 2023, and provided the following comments. 1. The water line shown on Park Road has not yet been installed and will be necessary prior to construction of this project. At the time of construction on Park Road, anchor tees and valves must be installed for this project’s water lines since size on size taps are not permitted. 2. The water lines for this project located outside the City ROW are considered private and shall not be owned by the City. The proposed 10’ easement to the City of South Burlington shall only be for access to the fire hydrant for routine maintenance, access to all curb stops for routine maintenance and disconnections, and for the Water Department to oversee repairs in accordance with conditions set forth in the City of South Burlington Water Ordinance. 3. This information is provided for information and engineering purposes. Per the Vermont Department of Public Safety Division of Fire Safety, the current adopted code is the International Plumbing Code (IPC), 2015 Edition. The 2015 IPC requires 20 psi minimum for toilets (“water closet, tank, close coupled or one piece), which is the controlling factor for establishing the minimum required pressure for internal plumbing (assuming the toilets do not have flushometer valves). Site plans indicate that the preconstruction grades of the proposed homes range between 402’ and 429’. The SBET low operating level is 515’, and the highest elevation in the City that can still provide 35psi is 435’. The upper floors of some #SD-23-08 7 7 of 14 homes are likely to experience lower water pressures than what customers are accustomed to. Additional data from the applicant will be required to confirm there are adequate pressures for second floor plumbing fixtures. Furthermore, if residents intend to install water booster pump stations within the proposed units, approval must be obtained by the Secretary in accordance with the VT Water Supply Rule. Written permission from the DEC for in-home booster pumps received by the developer must be provided to the SBWD. The Board finds that the applicant shall incorporate these comments of the South Burlington Water Department as conditions of approval. 2. Sufficient grading and erosion controls will be utilized 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 DRB 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 provided EPSC plan includes silt fencing on the downslope side of the limit of work line and orange construction tape on the upslope side of that limit of work line, from before construction work starts until the disturbed areas have been stabilized. In their comments as part of the June 20 hearing, the City Stormwater section indicated there were issues with the proposed EPSC plan. The City Stormwater Section has reviewed the revised EPSC plan and indicated that the proposed grading and erosion controls are sufficient to prevent soil erosion and runoff. As such, the Board finds this criterion met. 3. The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB 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. The 2015 master approval approved 350 trips for the overall PUD, but was found to need further review under applications for individual phases. Pertaining to access and circulation, at sketch the Board discussed that it is the City’s general policy, as evidenced by 15.12E, that entrances to PUDs and subdivisions be separated by a minimum distance of four hundred (400) feet on either side of a public street and substantially aligned with entrances on the opposite side of the public street. The applicant is proposing to align the private road named ‘Trails Bend Drive’ with the eastern leg of Zoey Circle, which has been approved but not yet constructed. The second proposed private road, named ‘Brookfield Drive’, is proposed to be located roughly 120 feet from ‘Trails Bend Drive’. At preliminary plat, the Board engaged BFJ to provide review of trip generation and project design. BFJ recommended the Board consider requiring the applicant to reconfigure the layout as either a U-shaped loop or one longer dead-end roadway. At preliminary plat, the Board considered BFJ’s recommendations and also considered requiring the applicant to swap the location of the eastern private road with the units 9 through 14 in order to improve the alignment with the eastern leg of Zoey Circle and increase the distance between the two private roads from 115 ft to 300 ft and to provide a roadway separating the homes (and associated lawn areas) from the stream, wetland, and wetland buffer. The Board at that time considered the alternatives of moving ‘Brookfield Drive’ farther east or creating a single teed driveway. The applicant provided the following testimony against changing the roadway configuration: #SD-23-08 8 8 of 14 • Swapping units 9-14 and ‘Brookfield Drive’ would result in more ledge removal. • The applicant does not want the back of homes to face west. • Stormwater treatment for the proposed development is located on the far east side of the project area. The applicant addressed BFJ’s comment about service vehicles at preliminary plat by providing a turning movement plan. Ultimately, the general sense of the Board was that modest improvements to safety on Park Road could be gained by reconfiguring the roadways, but that such an improvement would have a negative impact on the layout of the neighborhood. Some members expressed that given the small number of homes, the layout of the neighborhood should be given precedence over the modest safety improvements. As part of the preliminary plat decision, the Board required a ledge removal plan (both map and narrative plan) to be submitted with the final plat application in order to substantiate the applicant’s claims the proposed configuration results in less ledge removal, a claim the Board preliminarily relied on to accept the proposed roadway configuration. The applicant has submitted a ledge removal map and a narrative detailing the blasting plan, and reiterated previous testimony that the proposed configuration will result in less blasting that a configuration in which units 9-14 and ‘Brookfield Drive’ are swapped. As such, the Board finds this criterion met. 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. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. SEQ Standard #3 above addresses the applicant’s proposal to construct immediately adjacent to the wetland. The applicant has testified that there will be no temporary or permanent wetland impacts as part of this project and has provided a draft HOA Notice of Conditions enumerating what can and cannot be done in the wetland buffer area. 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. This criterion was found to be met at master plan level but additional review at preliminary plat approval was also required. The purpose of the SEQ is to “encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued agricultural use, and well-planned residential use in the largely undeveloped area of the City known as the Southeast Quadrant. The open character and 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 judgement of the Development Review Board will best preserve the open space character of this area shall be encouraged.” The applicant has provided elevation sketches for four proposed home types in accordance with the preliminary plat approval in which the applicant had indicated there would be three home types in addition to the corner duplex, none of which will be constructed with the same color siding as an adjacent home. The Board finds this criterion met. 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. #SD-23-08 9 9 of 14 This criterion was found to be met at master plan level but additional review at preliminary plat approval was also required. At preliminary plat, the Board found the location of the project supportive of compliance with this criterion. 7. The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to ensure that adequate fire protection can be provided, with the standards for approval including, but not be 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. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. The Fire Marshal reviewed the plans on 6/12/2023 and had no comments for this application. 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 properties. 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, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. See above for discussion of roadway configuration. The Director of the Department of Public Works reviewed the plans on 6/8/2023 and 7/11/2023 and offered comments, which the applicant was able to adequately address. Due to concerns surrounding the presence of an unused pump station easement on the east side of the site, the applicant had originally proposed language contextualizing the existence of that easement on the plat, and then proposed removing that easement from the plat altogether because upon further review they were able to confirm the easement was proposed but never recorded. The Board finds that the applicant must remove the pump station easement, and any references to it, from the subdivision plat prior to recording the mylar. The City Stormwater Section reviewed the provided plans on 6/13/2023 and offered comments, which the applicant was able to adequately address. 10. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). This criterion was found at the master plan level to need further review under applications for individual phases. The goals and objectives of the 2001 Comprehensive Plan (adopted April 16, 2001) for the Southeast Quadrant that were effective May 12, 2003 (the date of the master plan approval) are as follows. A copy of the comprehensive plan is available to Board members upon request. Subject areas of Goals: Regional Cooperation City Identity & City Center Population & Balanced Rate of Growth Quality Environment Land Use Distribution An Open Planning Process Open Space Planning Housing Schools Recreation Economic Development Transportation Public Utilities and Services Land Use through Zoning #SD-23-08 10 10 of 14 2001 Southeast Quadrant Objectives a. Preserve and enhance the open character, natural areas, and scenic views of the Quadrant, while allowing carefully planned development. b. Maintain a rate, location, intensity, and timing of future development in the Quadrant that is in accord with the physical characteristics of the land and the availability of municipal services and facilities, and which is consistent with the City’s population growth objectives and land use recommendations. c. Promote a variety of residential patterns and styles, including a fair share of affordable housing, while preserving the special character of the Quadrant. d. Provide a safe and efficient transportation system within and through the Quadrant. The Board at preliminary plat found that this criterion will be met when other criteria of the applicable LDR are met. C) SITE PLAN STANDARDS 14.06 General Site Plan Review Standards A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. At preliminary plat, the Board found this standard met as the 2015 master plan approval approved up to 15 units for this development. B. Relationship of Proposed Structures to the Site. (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. The Board found this standard met at preliminary plat. (2) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. This criterion does not apply to single and two-family homes. (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 anticipated adjoining buildings. Height is discussed above as it pertains to the layout of units 9-14. The other homes are proposed on a more level area and should have less issues with the appearance of height. The Board found this standard met at preliminary plat. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. On July 20, the Board was unable to evaluate compliance with this criterion due to the quality of the applicant's plan sheet 3. This has been addressed and the Board now finds this criterion met. C. Relationship of Structures and Site to Adjoining Area. #SD-23-08 11 11 of 14 (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (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. At preliminary, the Board found the proposed homes compatible with one another and with homes on adjoining development parcels. The applicant is not proposing screening to the south where the development is adjacent to existing homes. There is a small landscaping berm provided to the west, consistent with the Board’s direction at sketch. 14.07 Specific Site Plan Review Standards (A) Access to Abutting Properties. 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The Board supports the applicant’s provision of a pedestrian path to the shared use path on Dorset Street. The Board finds no additional access is necessary for the subject property. To the south there are no complementary easements on Foulsham Hollow Road, and there is a wetland to the east. (B) Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. On July 20, the Board was unable to evaluate compliance with this criterion due to the quality of the applicant's plan sheet 3. This has been addressed and the Board now finds this criterion met. (C) Disposal of Wastes. 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). Small receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. At preliminary, the Board found that this criterion did not apply to the proposed development. (D) Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. Section 13.06 standards do not apply to single- and two-family homes on their own lots. However, since the applicant is proposing shared lots, the standards of Article 13.06 apply to this project, including minimum landscape budget and a requirement for landscaping, fencing, land shaping and/or screening if two adjacent lots are found to be dissimilar or if a property’s appearance is found to need improvement. The applicant has updated the proposed landscaping plan to include six white spruce along the southern property line, strategically positioned to screen views between the homes on the north side of Foulsham Hollow Road and the southernmost proposed homes. The Board finds that this adjustment increases compliance with this standard and considers the standard to be met. The applicant estimates the building cost of the project to be $2,600,000, requiring $33,500 in #SD-23-08 12 12 of 14 landscaping. The addition of six white pines to the landscaping plan increased the landscaping budget. As a result, the applicant has revised their landscaping budget to include the value of the six white pines. The new budget includes $35,896 worth trees and shrubs, above the minimum required landscaping budget. The City Arborist reviewed the proposed landscaping plan on 6/2/2023 and 6/26/2023 and offered comments which have since been adequately addressed by the applicant. (E) Modification of Standards. Where the limitations of a site may cause unusual hardship in complying with any of the standards above and waiver therefrom will not endanger the public health, safety or welfare, the Development Review Board may modify such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met. However, with the exception of side yard setbacks in the Central District 1, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. The Board finds no modification of standards to be necessary. D) OTHER 15.12.C – CRITERIA FOR PUBLIC AND PRIVATE ROADWAYS (3) The DRB shall require a roadway to be built to City standards in Table 15-1 and Figure 15-1 and dedicated to the City as a public roadway if: (a) The proposed roadway will provide a future extension to an adjoining property. (b) The right-of-way or proposed alignment of the proposed roadway is consistent with the right-of-way for a proposed City street shown on the Official Map; the City Council shall have the authority to determine if a proposed right-of-way with a similar location and/or alignment to a right-of-way on the Official Map must be required to be a public roadway. (c) The Development Review Board determines that the proposed length of a roadway or the significance of the roadway within the City’s street network warrants public ownership. (d) The proposed roadway serves one (1) or more commercial lots. (e) The proposed roadway serves four (4) or more separate developable residential lots or single-family detached units. (f) The proposed roadway has only one (1) point of access on another existing or proposed public roadway and serves ten (10) or more dwelling units in any configuration (i.e., single-, two-, or multi-family). (g) The proposed roadway has two (2) or more points of access on another existing or proposed public roadway and serves twenty (20) or more dwelling units in any configuration. (h) The proposed roadway has the potential to be extended to serve significant additional development. The proposed roads will each serve zero commercial lots and fewer than ten dwelling #SD-23-08 13 13 of 14 units. The proposed roadways are not on the Official Map and do not have the potential to be extended to serve significant additional development. Since that the applicant is proposing fewer than four lots to be served by each road, the DRB does not have to require these roads to be public. At preliminary, the Board found the request for ‘Brookfield Drive’ and ‘Trails End Drive’ to be private to be in the interest of the City, and further found that any decision on this project should include a clear statement to the effect that these two proposed roads are to remain private. The Board finds that footprint lots are not recognized by the City of South Burlington and hereby includes a condition of approval indicating that footprint lots are not recognized or relied upon in this decision and that the applicant must record a notice of condition to that effect prior to recording the mylar. DECISION Motion by John Moscatelli, seconded by Dawn Philibert, to approve final plat application #SD-23-08 of Rivers Edge Building Development, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Prior to recording the mylar, the plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. Remove the pump station easement, and any references to it, from the plans. 4. A digital PDF version of the full set of approved final plans as amended must be delivered to the Administrative Officer before recording the mylar. 5. The final plat plan (sheet PL1) 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 South Burlington GIS Coordinator. 6. The plat must be recorded prior to zoning permit issuance. 7. The City of South Burlington does not recognize footprint lots. Footprint lots are not recognized or relied upon in this decision. 8. The zoning permit must be obtained within six (6) months of this decision with the option for requesting a one (1) year extension as allowed in LDR 17.04. 9. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit. 10. Prior to issuance of a zoning permit, the applicant must post a landscaping bond or surety for $22,948, representing the required bonding amount for $35,896 in plantings in accordance with the methodology in LDR 15.15B. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 11. Prior to issuance of a zoning permit for the first building or start of utility or roadway construction, all appropriate legal documents including easements shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. #SD-23-08 14 14 of 14 12. The applicant must address the comments of the South Burlington Water Department prior to issuance of a zoning permit. 13. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 14. There shall be no use of herbicides, pesticides, and/or non-organic fertilizers within either the wetlands or the associated buffers. Prior to issuance of a zoning permit for the first building on the property, the applicant will be required to record a “Notice of Conditions” to this effect which has been approved by the City Attorney. 15. There will be no mowing within 50 feet of the wetlands nor can the wetland buffers be turned into lawn. Brush-hogging will be allowed no more than three (3) times per year. Prior to issuance of a zoning permit for the first building on the property, the applicant will be required to record a “Notice of Conditions” to this effect which has been approved by the City Attorney. 16. The proposed project must 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 must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 17. Any change to the plan shall require approval by the South Burlington Development Review Board or the Administrative Officer as allowed by the Land Development Regulations. Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present John Moscatelli Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Motion carried by a vote of 4 - 1 - 0. Signed this ____ day of August, 2023, by _____________________________________ Dawn Philibert, 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 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 180 Market 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 http://vermontjudiciary.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 802.477.2241 to speak with the regional Permit Specialist.