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HomeMy WebLinkAboutAgenda 07_SD-20-33_1350 Spear St_Spear Meadow_SKCITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SD-20-33_1350 Spear St_Spear Meadow_SK_2020-10- 06.docx DEPARTMENT OF PLANNING & ZONING Report preparation date: September 30, 2020 Plans received: August 3, 2020 1302, 1340, 1350 Spear Street Sketch Plan Application #SD-20-33 Meeting date: October 6, 2020 Owner Gary N. Farrell, 1350 Spear LLC, & Spear Meadows, Inc 1350 Spear Street South Burlington, VT Applicant The Snyder Group, Inc. 4076 Shelburne Road, Suite 6 Shelburne, VT 05482 Engineer Lamoureux & Dickinson 14 Morse Drive Essex, VT 05452 Property Information Tax Parcel 1640-01302, 1640-01340, 1640-01350 SEQ – NR 25.93 acres Location Map PROJECT DESCRPTION SD-20-33 Staff Comments 2 of 6 Sketch plan application #SD-20-33 of The Snyder Group, Inc. to amend a previously approved plan for a planned unit development on 25.93 acres consisting of 18 single family dwellings, ten (10) 2-family dwellings, three (3) 3-unit multi family dwellings, and an existing single family home. The amendment consists of changing the unit mix to twelve (12) single family dwellings, thirteen (13) 2-family dwellings, and three (3) 3-unit multi family dwellings and an existing single family home, removing connections to adjacent streets, and relocating the recreation path from off street to on street, 1302, 1340 & 1350 Spear Street. CONTEXT The subject properties are located in the SEQ-NR and surrounded to the north and west by other SEQ-NR properties, and by mostly SEQ-NR properties to the east except for a parcel at the southeast corner designated SEQ-NRP. This parcel is commonly referred to as the Isham parcel and is limited to the development of no more than three dwelling units in accordance with the provisions of the NRP. The southern property boundary is largely SEQ-NRP conserved as part of the Pinnacle at Spear and Vale Drive neighborhoods with the exception of the approved ROW connecting to Vale Drive which is SEQ-NR. This project includes approximately 20 acres of connected, undeveloped space. It uses 17 transferred development rights which results in conservation of more than 14 acres of SEQ-NRP lands. The Official Map and Comprehensive Plan include a north-south oriented roadway and recreation path through the subject property connecting the north end of Vale Drive to Swift Street. The project includes areas of Class 2 wetland and associated buffer. PERMIT HISTORY The Board approved final plat application #SD-17-14 for the project. This decision was appealed to the Environmental Court for matters pertaining to transferred of development rights and to Halcyon Lane. The decision of the Environmental division was appealed to the Vermont Supreme Court for matters pertaining to transferred development rights. Both the Environmental Court and Supreme Court appeals are concluded. Both of the court decisions upheld the DRB’s decision therefore #SD-17-14 stands as written. None of the issues that were the subject of the appeals are proposed in this application to be modified. As the subject application is a new application, any proposed modifications to the approved plans are subject to current regulations. COMMENTS Development Review Planner Marla Keene and Director of Planning and Zoning Paul Conner, hereafter referred to as Staff, have reviewed the plans submitted by the applicant against the pertinent Regulations and offer the following comments. Staff notes that major elements which are proposed to be changed include the following. 1. The segment of Vale Drive north of Elm Street is proposed to be deleted. This segment was approved extending to the northern property line, consistent with the Official Map, as required by LDR 15.12D(4) and by the DRB’s findings for final plat #SD-17-14 on PUD criterion 8 and on Site Plan Criterion 14.07A and on SEQ Criterion 9.06E. 2. The southernmost segment of Vale Drive is proposed to be restricted to emergency vehicles only. This restricted use segment would extend from the southerly project boundary to the existing cul-de-sac in the Pinnacle at Spear neighborhood. This segment was required to be constructed consistent with the Official Map, by LDR 15.12D(4)(b) and by the DRB’s findings for final plat #SD-17-14 on SEQ Criterion 9.06E. 3. Two single family homes are proposed to be relocated from the northeast corner of the property to the west side of Vale Drive. The homes on the west side of Vale Drive are proposed to be changed from a mix of single family homes and duplexes to all duplexes. The Board’s findings on Site Plan Criterion 14.06C pertaining to SD-20-33 Staff Comments 3 of 6 Relationship of Structures and Site to Adjoining Area speak to the appearance of the homes, but do not specifically refer to the location or the mix of units. Staff considers the Board may consider this request on it’s merits, and note that the standards of Section 9.08(C) will also apply. 4. The shared use path is proposed to be relocated from the eastern project boundary to within the Vale Drive Right of Way, replacing the 5 foot wide concrete sidewalk. The proposed configuration results in the path crossing several driveways, where no driveways were crossed by the approved configuration. Staff recommends the Board consider the impact of that change as it pertains to SEQ Criterion 9.06E. As part of final plat #SD-17-14, the Board found that the paved path along the property line precluded the homes on the east side of Vale Drive from having rear loaded garages accessed via an alley. Staff considers that if the applicant removes the paved path that the Board should reconsider their findings with respect to rear loaded homes served by an alley. 5. A no-cut covenant is proposed for the existing mature trees along the eastern project boundary. There are no previous findings related to this proposed change. 6. The approved easement for the watermain and shared use path across the UVM property is proposed to be adjusted from the eastern property boundary towards the west. The Board’s previous findings were than a water line easement must be provided, but did not address the location of the easement. Staff has coordinated with the South Burlington Water Department, the Department of Public Works, and the Champlain Water District and understands that the City has proposed an alternative water line connection that reduces the cost for the applicant, removes the connection to the CWD transmission main in favor of a service main connection, and improves water pressure elsewhere in the system. Staff considers that should such a change be found to be mutually agreeable by all involved parties that any change to the approvals could be done as an administrative site plan amendment and need not be part of this application. Staff has included the applicant’s cover letter in the packet for the Board wherein the applicant describes these changes in their own words. APPLICABLE REVIEW CRITERIA Items #1 and #2. 24 VSA § 4472(d) states the following. Upon the failure of any interested person to appeal to an appropriate municipal panel under section 4465 of this title, or to appeal to the Environmental Division under section 4471 of this title, all interested persons affected shall be bound by that decision or act of that officer, the provisions, or the decisions of the panel, as the case may be, and shall not thereafter contest, either directly or indirectly, the decision or act, provision, or decision of the panel in any proceeding, including any proceeding brought to enforce this chapter. Staff considers the Board provided specific findings on items 1 and 2 pertaining to roadway connections. The applicant is therefore seeking to modify an element of the project that was previously reviewed and explicitly decided upon with no demonstration of substantive modifications to the project or regulatory environment. Without such modifications, the request is therefore prohibited and the applicant may not modify the plan in the proposed manner. Furthermore, the Director of Public works indicated on 8/7/2020 that he does not support any modifications that do not provide full roadways connections to the north and south. The Fire Chief offered the following comments on 8/10/2020 pertaining to this proposed change. The interconnection of this neighborhood had been planned for a long time. The interconnection has been and continues to be imperative. Case in point, house fire on Park Rd last week. Access from the north severely limited SD-20-33 Staff Comments 4 of 6 due to construction equipment for second (water supply) and third due apparatus additional staffing (mutual) aid approached scene from South access. As we say, predictable is preventable. Item #3: Two single family homes are proposed to be relocated from the northeast corner of the property to the west side of Vale Drive. The homes on the west side of Vale Drive are proposed to be changed from a mix of single family homes and duplexes to all duplexes. 9.08C(1)(d) Mix of housing Styles. 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. 14.06C. Relationship of Structures and Site to Adjoining Area. (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. Since no modifications to the standards or modification of circumstances have occurred which require modification to the building layout, Staff considers that the Board’s decision on this request should not result in diminished compliance with the applicable criterion. Relevant provisions of the Board’s previous findings are as follows: The transitions between structures are primarily dictated by the Home Design Guidelines prepared and proposed by the applicant. Among other items, the Guidelines indicate that buildings “should include common elements to appear unified, but facades should be varied from one building to the next to avoid monotony." The Guidelines state that front porches, stoops, and balconies which are oriented to the street are encouraged, but are not required. The Guidelines further state that identical home models cannot be placed next to or across the street from one another. To be considered sufficiently different, a model "must change any two of the five variables," which include "mirroring the plan, changing the color scheme, revising the placement or orientation of the garage, changing the palate of materials or modifying the roof lines." The Board concludes that these changes will result in attractive transitions between buildings and avoid monotony within the development. The proposed houses will have facades oriented towards the street and sidewalks, which is in keeping with the nearby neighborhoods on Vale Drive and Pinnacle Drive. The Board finds that the duplex units closest to Spear Street (units #46 & #47) will represent a change in style and form from the existing houses on Spear Street, which are single family and many of which are set back further from the road. The Home Design Guidelines prepared by the applicant require any units facing two (2) streets to include architectural and site elements that address both front facades. The applicant submitted elevations of this building as viewed from both Spear Street and Spear Meadow Road indicating that both facades will appear to be the "front" of the house. Staff recommends the Board discuss whether they find that moving to a configuration with all single family homes on one side of the street and all duplexes on the other fails to meet the compartmentalization criteria of 9.08C(1)(d) reduces compliance with 14.06C. Item #4: The shared use path is proposed to be relocated from the eastern project boundary to within the Vale Drive Right of Way, replacing the 5 foot wide concrete sidewalk. SD-20-33 Staff Comments 5 of 6 9.06E. Circulation. The project shall incorporate access, circulation and traffic management strategies sufficient to prevent unsafe conditions on of adjacent roads and sufficient to create connectivity for pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles between neighborhoods. In making this finding the Development Review Board may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. As alluded to above, the revised path configuration crosses eleven driveways where no were crossed in the approved configuration. Relevant findings of SD-17-14 follow. As part of this project, Vale Drive, currently a cul-de-sac, will be extended northward to the property line and the northern terminus is designed so that Vale Drive could be further extended if the property to the north is ever developed. Additionally, the existing recreation path along Vale Drive will be extended along the newly constructed length of Vale Drive, and will be connected to Spear Street by a new recreation path along Spear Meadow Road. Finally, the southern end of Street 'A' ends at the property line, allowing for future connectivity. The Board finds that the application meets this criterion. Staff recommends the Board discuss whether the relocated recreation path diminishes compliance with this criterion as compared the previous configuration, specifically with respect to safety. The driveways the recreation path must cross are proposed to be 20-feet wide and serve single family homes. If such a configuration is contemplated, Staff recommends a reduction in driveway width should be required. Item #5 A no-cut covenant is proposed for the existing mature trees along the eastern project boundary. Staff considers this modification does not detract from the previous approval. As long as it does not impact the ability of the project to be constructed as designed, Staff recommends the Board direct the applicant that they’d consider this change. Item #6 The proposed easement for the watermain and shared use path across the UVM property has been adjusted from the eastern property boundary towards the west. As discussed above, Staff considers the watermain easement should be addressed internally and that it may be incorporated into future PUD amendment by the DRB if the timing is appropriate or it may be addressed administratively, but that for the time being the watermain easement should remain in it’s approved location. Provisions of the LDR relevant to the location of recreation paths have been discussed elsewhere in this document. With respect to the shared use path easement, Staff considers it should connect directly to the approved recreation path location within the project area, but otherwise should remain flexible in it’s location to accommodate future development on that lot. All Items The City Stormwater Section reviewed the application on August 11, 2020 and offers the following comments. 1. The project is located with the Potash Brook watershed. This watershed is listed as stormwater impaired by the State of Vermont Department of Environmental Conservation (DEC). 2. The project is subject to Section 12.03(C) of the City’s Land Development Regulations, which requires the Water Quality Volume to be treated by stormwater treatment practices meeting the Water Quality Treatment Standard as described in the most recently adopted version of the Vermont Stormwater Management Manual (VSMM). The VSMM has been updated since the date of the last DRB approval of Spear Meadows. As the proposed stormwater ponds are not currently constructed, the VSMM would require the applicant to utilize a Tier 1 or Tier 2 practice to treat the water quality volume from the site. The applicant will be required to revise their stormwater plans to meet these updated requirements. 3. Additionally, the Water Quality design storm has increased from 0.9” to 1”. All calculations should be carried out accordingly. SD-20-33 Staff Comments 6 of 6 In other words, if the applicant proceeds with the above-described proposed changes, they will be required to modify the stormwater management system to meet current criteria. RECOMMENDATION Staff recommends that Board discuss the project with the applicant and conclude the meeting. Respectfully submitted, ________________________________ Marla Keene, Development Review Planner