HomeMy WebLinkAboutAgenda 05_SD-20-23_1430 Spear St_Philips_PP FP#SD‐20‐23
Staff Comments
1
1 of 14
CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SD‐20‐23_1430 Spear St_Philips_PP FP_2020‐08‐04.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: July 29, 2020
Plans received: July 8, 2020
1430 Spear Street
Preliminary and Final Plat Application #SD‐20‐23
Meeting date: August 4, 2020
Owner/Applicant
Thomas and Kimberly Phillips
1430 Spear Street
South Burlington, VT 05403
Plan Prepared By
Button Professional Land Surveyors, PC
20 Kimball Ave, Suite 102
South Burlington, VT 05403
Property Information
Tax Parcel 0860‐01420
Southeast Quadrant – Neighborhood Residential (SEQ‐NR)
2.02 acres
Location Map
PROJECT DESCRIPTION
Preliminary and final plat application #SD‐20‐23 of Thomas and Kimberly Philips to subdivide an existing
lot of 2.02 acres developed with a single family home into two lots of 1.12 acres (Lot 1) and 0.90 acres
(Lot 2) for the purpose of developing a single family home on Lot 2, 1430 Spear Street.
CONTEXT
The property is located in an area subject to Interim Zoning. The City Council approved application IZ‐
19‐03 authorizing the development of one new single family home building lots if DRB approval is
#SD‐20‐23
Staff Comments
2
2 of 14
received. At this time the applicant is not proposing a specific home and has indicated their intent is to
sell the lot as a development lot. All subdivision within the SEQ requires review as a planned unit
development.
The sketch plan was reviewed by the Board on February 2,2020.
COMMENTS
Development Review Planner Marla Keene and Director of Planning and Zoning Paul Conner (“Staff”)
have reviewed the plans submitted on 7/8/2020 and offer the following comments. Numbered items for
the Board’s attention are in red.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Setbacks, Coverages & Lot Dimensions
Dimensional standards are as follows.
SEQ‐NR Required Proposed
Lot #1
Proposed
Lot #2
Min. Lot Size 12,000 sf 48,812 sf 39,210 sf
1. Max. Building Coverage 15% 5% Unknown
1. Max. Overall Coverage 30% Unknown Unknown
Min. Front Setback 20 ft 250 ft +/‐ 120 ft
Min. Side Setback 10 ft 10 ft 10 ft
Min. Rear Setback 30 ft 90 ft +/‐ 65 ft
2. Building Height
(pitched roof)
28 ft Unknown,
1 story
Unknown
1. The applicant has not provided enough information to calculate building coverage on Lot 2 or
overall coverage on either lot. At sketch the Board directed the Applicant to demonstrate proposed
lot coverage. The applicant has prepared a sketch showing a potential layout for Lot 2. Staff
recommends the Board discuss whether to require the applicant to provide overall coverage for Lot
1, and whether to require them to provide maximum overall and building coverages for Lot 2.
2. Staff recommends the Board require the applicant to demonstrate compliance with the maximum
allowable height, measured as proscribed in Section 3.07, as part of the zoning permit for any
building on Lots 2.
3. The property is located in the Dorset Park View Protection Zone D. Staff estimates the maximum
elevation allowed on Lot #2 is around 430 feet. The existing home is located around elevation 386,
therefore it appears that any building below the maximum allowable height is likely to meet the
limits of the View Protection Overlay District, but Staff recommends the Board require
demonstration that this is met at the time of zoning permit application. Staff further recommends
the Board impose a condition limiting vegetation to that which has a maximum typical height of no
more than 44 feet.
ARTICLE 9: SOUTHEAST QUADRANT
#SD‐20‐23
Staff Comments
3
3 of 14
9.06 SOUTHEAST QUADRANT DIMENSIONAL AND DESIGN REQUIREMENTS APPLICABLE TO ALL SUB‐
DISTRICTS.
The following standards shall apply to development and improvements within the entire SEQ.
A. Height. See Article 3.07.
Article 3.07 states that the requirements of Table C‐2, Dimensional Standards, apply for the
maximum number of stories and the maximum height. Waivers are not available for
structures within the SEQ zoning district.
The Project is located within the SEQ‐NR district. A summary of dimensional standards is above.
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
The LDR defines open space as follows.
Land maintained in essentially an undisturbed, natural state for purposes of resource
conservation, and/or maintaining forest cover; or that is enhanced and managed for
outdoor recreation and civic use, working lands, or local food production. Open space must
be of a quality and size that supports its intended function or use. Open space specifically
excludes streets, parking areas, driveways and other areas accessible to motor vehicles.
As shown on the aerial image at the beginning of this document, this property abuts a parcel
zoned SEQ‐NRP, which is part of the Pinnacle at Spear neighborhood and will not be developed.
The proposed building envelope for Lot 2 would locate a building on Lot 2 roughly even with the
existing building on Lot 1 if a home was proposed at the back of the building envelope.
4. Staff recommends that in order to find this criterion met, the Board should include a condition that
no structures of any kind shall be located to the east of the proposed building envelope, and that
the applicant formalize the building envelope on the plat prior to recording.
(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.
Compliance with the regulating plan is discussed under 9.07 below.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall
be established by the applicant. Such plan shall describe 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. Existing natural resources on each site shall be
protected through the development plan, including (but not limited to) primary natural
communities, streams, wetlands, floodplains, conservation areas shown in the Comprehensive
Plan, and special natural and/or geologic features such as mature forests, headwaters areas,
and prominent ridges. In making this finding the Development Review Board shall use the
provisions of Article 12 of this bylaw related to wetlands and stream buffers.
Existing natural features on the site include a Class III wetland and two rows of spruce trees. This
criterion requires protection of the natural resources through the development plan. The
applicant is proposing to locate a driveway through the Class III wetland, and in fact has already
without authorization placed gravel in the location of the proposed driveway through the Class III
wetland. Discussion follows.
#SD‐20‐23
Staff Comments
4
4 of 14
Wetland Impacts
At sketch, the Board directed the applicant to evaluate the potential wetland impacts of the
project, and to provide for a shared driveway for the two lots. The applicant has provided
an application narrative in support of these two requests.
The applicant has submitted Wetland Classification Report #2020‐235 from the State
Department of Environmental Conservation, which identifies the presence of Class III
wetlands on the property. The City of South Burlington regulates Class III wetlands and a 50‐
foot buffer for those wetlands. The wetland was found to be located at the front of the
property nearest Spear Street. See below image from DEC Wetland Classification Report
#2020‐235
The applicant has stated in their narrative that they have placed a driveway in a historic
driveway location. The applicant also references having obtained a driveway permit for
installation of the driveway from the Department of Public Works. Staff considers both
statements to be erroneous. Aerial and street view imagery from 1962, 1999, 2011, and
2012 show no driveway on the southern portion of the existing lot, and the imagery from
2011 and 2012 actually show the presence of wetland type vegetation in the location where
the driveway has been installed. Regarding a “driveway permit,” the Department of Public
Works has no authority to authorize land development activities. The referenced permit is
Permit #2204 to Open Streets or Right of Way, issued February 24, 2020, which only address
work within the City Right of Way. Staff notes this street opening permit was applied for
after the Development Review Board Sketch Plan meeting of February 2, 2020, at which the
Board directed the applicant to provide for a shared driveway between the two lots.
5. Staff considers the applicant has placed unauthorized fill in a Class III wetland. If the Board
approves the project as proposed, the applicant may potentially retain the currently
unauthorized fill. If the Board ultimately determines the applicant may not cross the wetland
with a driveway, Staff considers the applicant will be required to remove the fill, and the
Board may recommend wetland restoration as a condition of approval for this Planned Unit
Development. Staff recommends the Board revisit the unauthorized impacts after concluding
their discussion on the proposed driveway.
12.02E provides the following standards for wetland protection.
(1) Consistent with the purposes of this Section, encroachment into wetlands and buffer
areas is generally discouraged.
#SD‐20‐23
Staff Comments
5
5 of 14
Staff considers that the default is that the Board prohibit encroachment into the Class
III wetland and wetland buffer. Staff considers such prohibition would not create
undue hardship because access to the proposed subdivided lot can be via the existing
driveway north of the Class III wetland.
(2) Encroachment into Class II wetlands is permitted by the City only in conjunction with
issuance of a Conditional Use Determination (CUD) by the Vermont Department of
Environmental Conservation and positive findings by the DRB pursuant to the
criteria in (3) below.
N/A
(3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland
buffers, may be permitted by the DRB upon finding that the proposed project’s
overall development, erosion control, stormwater treatment system, provisions for
stream buffering, and landscaping plan achieve the following standards for wetland
protection:
(a) The encroachment(s) will not adversely affect the ability of the property to carry
or store flood waters adequately;
(b) The encroachment(s) will not adversely affect the ability of the proposed
stormwater treatment system to reduce sedimentation according to state
standards;
(c) The impact of the encroachment(s) on the specific wetland functions and values
identified in the field delineation and wetland report is minimized and/or offset
by appropriate landscaping, stormwater treatment, stream buffering, and/or
other mitigation measures.
The applicant has provided a “DRAFT Wetland Site Evaluation,” prepared by Wheeler
Environmental Services and dated February 26, 2020. This draft evaluation describes
that the exact wetland limits were not defined using specific criteria based on soils,
vegetation and hydrology because of winter conditions during the evaluation.
Instead, the evaluation generally states that the wetland is less than 8,000 sf and
located within 65‐feet of Spear Street. It concludes the applicant’s proposed
driveway and utility construction would result in 800‐1,000 sf of permanent wetland
impact and an additional 1,200 to 1,500 sf of temporary wetland impact. No graphical
depiction of the impacts is provided.
Staff considers based on the small size of the wetland (<8,000 sf) and the proposed
size of the impacts (2,000‐2,500 sf), the proposed impacts may result in the loss of
the wetland altogether.
6. At sketch, the Board asked the applicant to perform a wetland evaluation, and if
anything was found, that the applicant perform a wetland delineation. Staff considers
a wetland delineation identifies the functions and values of a wetland, which would
allow the Board to evaluate compliance with these criteria. Staff considers the
Wheeler Environmental Services report represents a wetland evaluation and
recommends the Board discuss whether to require a specific delineation.
7. The City Stormwater Section reviewed the application on July 23, 2020 and offers the
following additional comments.
As described in the Wetland Report Letter written by Bradley Wheeler, it was
#SD‐20‐23
Staff Comments
6
6 of 14
determined that a Class III wetland is present on the western portion of the Lot 2
property.
The City’s LDRs section 12.02(3) states: Encroachment into Class II wetland buffers,
Class III wetlands and Class III wetland buffers, may be permitted by the DRB upon
finding that the proposed project’s overall development, erosion control, stormwater
treatment system, provisions for stream buffering, and landscaping plan achieve the
following standards for wetland protection:
(a) The encroachment(s) will not adversely affect the ability of the property to
carry or store flood waters adequately;
(c) The impact of the encroachment(s) on the specific wetland functions and
values identified in the field delineation and wetland report is minimized
and/or offset by appropriate landscaping, stormwater treatment, stream
buffering, and/or other mitigation measures.
While the applicant correctly points out that they are not subject to State of Federal
wetland regulations, they are still subject to the standards in the City’s LDRs listed
above, which have not been directly addressed in the narrative. While there is some
attempt to address item (c), the applicant only discusses minimizing further wetland
impacts, rather than discussing minimizing total impacts of the development. This is
due to the fact that the applicant has already constructed the driveway in its current
location without DRB approval. As the location of the wetlands are only described
and not shown on any plans provided for my review, it is unclear if there was an
opportunity to reorient the driveway to minimize wetland impacts, or if this current
configuration was indeed the least impactful layout. Further, considering that the
driveway is constructed, it may be true that keeping the current configuration is less
impactful than relocating it.
It should be noted that I did conduct a site visit, as described in the narrative. The
purpose of the site visit was to determine if a contractor working for the City would
like to utilize the Phillip’s property to build a construction access for a stormwater
project on the adjacent property. Following the site, the contractor declined the
access offer.
Regards,
Dave
8. Staff considers the proposed driveway does not protect the natural resource area (the
Class III wetland) identified in Article 12 and recommends the Board require the
applicant to modify their plan to meet this criterion. Additional discussion of the
applicant’s request for a separate driveway is under PUD criterion #3 below.
(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 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.
No construction is proposed at this time.
(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
#SD‐20‐23
Staff Comments
7
7 of 14
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.
9. Staff recommends the Board require a conservation plan for the Class III wetland in the form of a
demarcated buffer, potentially to include a split rail fence, and require the applicant to record a
notice of conditions stating that there shall be no use of herbicides, pesticides, and/or non‐organic
fertilizers within either the wetland or the associated buffers, and that there shall 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.
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.
There are no existing agricultural uses on this site or on adjacent sites. Staff considers this criterion
not applicable.
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.
(1) Sufficient water supply and wastewater disposal capacity shall be available to meet the
needs of the project in conformance with applicable State and City requirement, as
evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water
and Wastewater Permit from the Department of Environmental Conservation.
10. The applicant is proposing to connect to public water and sewer. No preliminary allocation
has been procured. Staff recommends the Board require the applicant to obtain preliminary
water and wastewater allocation prior to closing the hearing.
(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.
Power on Spear Street is served by overhead electric wires. Staff recommends the Board
include a condition requiring the building on Lot 2 be served by an underground electric
service.
Comments of the Assistant Stormwater Superintendent and the Director of Public Works are
included elsewhere in this document.
(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 between structures, street width, vehicular access from two directions
where possible, looping of water lines, water flow and pressure, and number and location
#SD‐20‐23
Staff Comments
8
8 of 14
of hydrants.
The Fire Chief reviewed the plans on 7/20/2020 and indicated that if the building is located
more than 150’ from the public way, access or sprinkler requirements apply.
11. Staff recommends the Board require the applicant to demonstrate written acceptance of the
proposed development plan for Lot 2 by the Fire Chief or Building Inspector prior to issuance
of a zoning permit.
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.
15.12F(4) addresses access management.
The location and design of project access shall make provisions for improved access
management and traffic safety. Specifically, the design of PUD and subdivision access
points shall:
(a) maximize the use of secondary streets for access and circulation
(b) align access points with existing intersections and/or curb cuts
(c) consolidate existing curb cuts within the PUD property
(d) provide for safe access to abutting properties
(e) make provisions for safe access, with provisions for appropriate sight distances and
accommodations for high‐accident locations
(f) provide deceleration, acceleration and/or turn stacking lanes as appropriate to meet
the standards in (1) above
(g) provide adequate curb radii to accommodate the anticipated speeds and types of
vehicles
At sketch, the Board directed the applicant to provide one curb cut for the two parcels. The
applicant has requested waiver of this requirement, with the following reasons described in
their application narrative.
We have not included a sketch plan for a shared driveway. We are asking for a
waiver for this piece of property for the reasons listed below.
1. We have obtained a driveway permit from the City of SB Public Works for lot #2.
2.. We already have driveway where the original access to lot #2 was located thru
the wetlands which is allowed by the army corp of engineers.
#SD‐20‐23
Staff Comments
9
9 of 14
3.. If you look on the survey, you will see that the power, wastewater, and cable all
run up the driveway of lot number one on the south side of the driveway. These
would have to be crossed in order to have a shared driveway. We spoke with GMP
about crossing the power line and they are providing us with a letter saying if we
were to do so we would have to encase the power in concrete. The power line would
have to be dug up and encased in concrete.
4. The wastewater engineer, David Tudhope, who wrote a letter which is included
with our application, states that the wastewater would have to be dug up also and
sleeved and insulated.
5. The cable/internet/phone would also have to be dug up and buried deeper.
6. Due to the wetlands letter and the wetlands regulations of class 3 wetlands we
want to limit our disturbance of the class 3 wetlands. Having the driveway where it
was originally, and is currently, enables us to not disturb any more of the wetlands
than necessary.
7. If you review the survey you will see how easily accessible the power, wastewater,
cable, gas, and domestic water is to the home on lot #2 . It would be on the north
side of lot#2 driveway limiting the wetlands disturbance. We went over this with
David Tudhope, our wastewater engineer, Brad Wheeler, our environmental
specialist, Justin Rabidoux, The City of SB Public Works, Jay Nadeau, The City of SB
Public Works, Todd Gregory, The City of SB public Works engineer, and Dave
Wheeler, The City of SB Public Works. They have all been out to the property to do a
site visit.
8. It does fit with most of the existing houses in the area.
9. A shared driveway would have to be constructed wide enough to accommodate 2
cars for purposes of pulling on and off the street and would disturb more land.
Because of these reasons we would like to ask for a waiver of the shared driveway.
Reasons 1, 2, and 6 have already been addressed. Staff considers protection of the existing
wetland to represent a significant benefit of curb cut consolidation.
The Director of Public works reviewed the plans on 7/17/2020 and offers the following
comment pertaining to the driveway from a traffic safety perspective.
No comments at this point from me, we’ve been working with them for what seems a
year on both the utility design and driveway issue. I’m OK with a non‐combined driveway
but I do understand the larger issue and the DRB’s viewpoint. My comfort with it is from
a traffic safety perspective, I don’t think an additional single family drive is unsafe along
this stretch of Spear.
12. Staff recommends the Board discuss whether they consider the remaining reasons to allow
waiver of the requirement to consolidate curb cuts.
9.08 SEQ‐NR Sub‐District; Specific Standards
The SEQ‐NR sub‐district has additional dimensional and design requirements, as enumerated in this
Section.
A. Street, Block and Lot Pattern
#SD‐20‐23
Staff Comments
10
10 of 14
(1) N/A
(2) N/A
(3) 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
The proposed lots have width to depth ratios of approximately 1:3 (Lot 1) and 1:4 (Lot 2). Staff
considers this criterion met.
B. Street, Sidewalk & Parking Standards N/A
C. Residential Design
Section 9.08 of the SBLDR lays out particular standards related to the orientation of housing, mix of
housing styles, setbacks, and parking/garages.
(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; see Section 9.11). A minimum of thirty‐five percent (35%) of translucent
windows and surfaces should be oriented to the south. In the SEQ‐NRN sub‐district,
residential buildings should orient their rooflines to maximize solar gain potential, to the
extent possible within the context of the overall standards of the regulating plan.
13. No construction is proposed at this time. Staff recommends the Board require
demonstration of compliance with this criterion at the time of zoning permit application.
(2) Building Façades. Building facades are encouraged to employ a theme and variation
approach. Buildings should include common elements to appear unified, but façades 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.
14. For a single new home, Staff recommends the Board discuss whether they consider this
criterion to be relevant.
(3) Front Building Setbacks. A close relationship between the building and the street is
critical to the ambiance of the street environment.
(a) Buildings should be set back a maximum of twenty‐five feet (25’) from the back
of sidewalk.
15. The applicant has requested waiver of this criterion because of the wetland and in order
to be consistent with adjoining houses. Staff recommends the Board discuss whether to
accept this waiver request.
(b) Porches, stoops, and balconies may project up to eight feet (8’) into the front
setbacks.
This criterion is not applicable if the Board grants the waiver of 9.08C(3)(a) immediately
above.
(4) Placement of Garages and Parking. For garages with a vehicle entrance that faces a
front lot line, the facade of the garage that includes the vehicle entrance must be set back
a minimum of eight feet (8’) behind the building line of the single or two‐family dwelling.
(a) For the purposes of this subsection:
#SD‐20‐23
Staff Comments
11
11 of 14
(i) The building width of a single or two‐family dwelling, not including the garage,
shall be no less than twelve feet (12’), except for a duplex with side‐by‐side primary
entries, in which case the building width of each dwelling unit in the duplex, not
including a garage, shall be no less than eight feet (8’)
(ii) The portion of the single or two‐family dwelling that is nearest the front lot line
may be a covered, usable porch, so long as the porch is no less than eight feet (8’)
wide.
(b) The DRB may waive this provision for garages with vehicle entries facing a side
lot line, provided that (i) the garage is visually integrated into the single or two‐family
dwelling; and (ii) the façade of the garage that is oriented to the street is no more than
eight feet (8’) in front of the façade of the house that is oriented to the street.
16. No construction is proposed at this time. Staff recommends the Board require
demonstration of compliance with these criteria at the time of zoning permit application.
(c) ‐ (d) N/A
15.18 CRITERIA FOR REVIEW OF PUDS, SUDVIDISIONS, TRANSECT ZONE SUBDIVISIONS AND MASTER
PLANS
(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.
See discussion under 9.06D(1) above.
(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.
No construction is proposed at this time.
(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.
Staff considers the proposed development of one residential unit will have no adverse impact
on congestion of adjacent roads.
(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.
See discussion under 9.06B above.
(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. For Transect Zone subdivisions, this standard shall apply only to the
#SD‐20‐23
Staff Comments
12
12 of 14
location of lot lines, streets and street types, and natural resources identified in Article XII
of these Regulations.
The Comprehensive Plan identifies the planned development patterns for the Project area
as lower intensity, principally residential development. Lower intensity principally
residential is defined as follows.
Fostering a strong sense of neighborhood, these areas are primary residential in use,
with number of units and size of buildings to be among the lowest in the City. Open
spaces are accessible and thoughtfully arranged as community gathering places, and
roadways should be largely limited to local traffic with low volumes. While residential
dwellings need not be all detached, the general character and appearance is that of a
single family neighborhood. Building heights reflect this character. Small lots and small
buildings are encouraged. Commercial uses are limited to those serving a small or local
population. More intense commercial or industrial uses should be avoided.
Since this area allows 4 units per acre, Staff considers the proposed density compatible with
the comprehensive plan.
(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.
For Transect Zone subdivisions, this standard shall apply only to the location of natural
resources identified in Article XII of these Regulations and proposed open spaces to be
dedicated to the City of South Burlington.
See 9.06B(1) above.
(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to
insure 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. This standard shall not apply to Transect Zone subdivisions.
See discussion of fire safety considerations under 9.06D(4) above.
(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. For Transect Zone subdivisions, this
standard shall only apply to the location and type of roads, recreation paths, and sidewalks.
See 9.06D(2) above.
(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. For Transect Zone subdivisions, this standard shall only apply to the location and
type of roads, recreation paths, and sidewalks.
See 9.06D(3) above.
(10) The project is consistent with the goals and objectives of the municipal Plan for the affected
district(s).
The Goals of the comprehensive plan follow.
#SD‐20‐23
Staff Comments
13
13 of 14
1. Affordable & community Strong. Creating a robust sense of place and opportunity for
our residents and visitors.
2. Walkable. Bicycle and pedestrian friendly with safe transportation infrastructure.
3. Green & clean. Emphasizing sustainability for long‐term viability of a clean and green
South Burlington.
4. Opportunity Oriented. Being a supportive and engaged member of the larger regional
and statewide community.
The project lies within the Southeast Quadrant of the city. Southeast Quadrant objectives in
the Comprehensive Plan are:
60. Give priority to the conservation of contiguous and interconnected open space areas
within this quadrant outside of those areas [districts, zones] specifically designated for
development.
61. Maintain opportunities for traditional and emerging forms of agriculture that
complement and help sustain a growing city, and maintain the productivity of South
Burlington’s remaining agricultural lands.
62. Enhance Dorset Street as the SEQ’s “main street” with traffic calming techniques,
streetscape improvements, safe interconnected pedestrian pathways and crossings, and
a roadway profile suited to its intended local traffic function.
Staff considers this project, as a two‐lot subdivision, does not detract from any of the goals or
objectives of the comprehensive plan.
(11) The project’s design incorporates strategies that minimize site disturbance and integrate
structures, landscaping, natural hydrologic functions, and other techniques to generate less
runoff from developed land and to infiltrate rainfall into underlying soils and groundwater
as close as possible to where it hits the ground.
Staff considers the density of the proposed development adequately protective of natural
hydrologic functions.
Energy Standards
All new buildings are subject to the Stretch Energy Code pursuant to Section 3.15: Residential and
Commercial Building Energy Standards of the LDRs.
RECOMMENDATION
Staff recommends that the Board work with the applicant to address the issues identified herein.
Respectfully submitted,
Marla Keene, Development Review Planner
#SD‐20‐23
Staff Comments
14
14 of 14
0DUOD.HHQH
)URP .LP3KLOOLSV NLPNLPSKLOOLSV#DROFRP!
6HQW )ULGD\0D\ $0
7R 0DUOD.HHQH
&F WMSDQGVRQV#DROFRP
6XEMHFW (;7(51$/ 6SHDU6WUHHW
$WWDFKPHQWV :HWODQG5HSRUW/HWWHUGRF[ 6SHDU6WUHHW)LQDO3ODW5HYLHZSGI 6SHDU6WUHHW)LQDO3ODW5HYLHZ
6LJQDWXUH3DJHSQJ
dŚŝƐŵĞƐƐĂŐĞŚĂƐŽƌŝŐŝŶĂƚĞĚĨƌŽŵĂŶ džƚĞƌŶĂů^ŽƵƌĐĞ͘WůĞĂƐĞƵƐĞƉƌŽƉĞƌũƵĚŐŵĞŶƚĂŶĚĐĂƵƚŝŽŶǁŚĞŶŽƉĞŶŝŶŐ
ĂƚƚĂĐŚŵĞŶƚƐ͕ĐůŝĐŬŝŶŐůŝŶŬƐ͕ŽƌƌĞƐƉŽŶĚŝŶŐƚŽƚŚŝƐĞŵĂŝů͘
'HDU0DUOD
,KRSHWKLVILQGV\RXZHOO,WKDVEHHQDYHU\GLIILFXOWWLPHIRUDOO,DPVXEPLWWLQJIRU\RXUUHYLHZDQDSSOLFDWLRQIRU)LQDO
VXEGLYLVLRQSODWUHYLHZ,EHOLHYHWKLVZLOOEHWKHODVWVWDJH,DPKRSLQJ,KDYHPRVWLIQRWDOORIWKHLQIRUPDWLRQQHHGHG
DQGUHTXHVWHGIURPRXUODVWPHHWLQJZLWKWKH'5%7KHUHLVRQHSLHFHRILQIRUPDWLRQZHDUHZDLWLQJIRUDQGWKDWLVDOHWWHU
IURP7LQD+HDWKRIWKH6WDWHRI9HUPRQW(QYLURQPHQWDO&RQVHUYDWLRQ:HPHWZLWKKHUDWWKHSURSHUW\DQGVKH
FRQILUPHGZLWKRXU(QYLURQPHQWDO6SHFLDOLVW%UDGOH\:KHHOHU6KHVDLGVKHZRXOGZULWHXVDOHWWHUFRQILUPLQJKLV
ILQGLQJV3OHDVHUHYLHZRXULQIRUPDWLRQDQGOHWXVNQRZLIZHQHHGDQ\WKLQJHOVH:HDUHKRSLQJWRJHWRQWKHDJHQGD
IRUWKH-XO\WKPHHWLQJ:HFDQVXEPLWSD\PHQWIRUWKLVWRGD\E\FUHGLWFDUGLIQHFHVVDU\RU7RPZLOOEHLQWKHDUHDQH[W
7XHVGD\DQGFDQGURSRIISD\PHQWWKHQ,ZLOOEHVHQGLQJLQDOOWKHLQIRUPDWLRQLQHPDLOVDVIRUVRPHUHDVRQP\
FRPSXWHUZRQ
WOHWPHGRLWLQRQH
$OOLQIRUPDWLRQVXEPLWWHG
$SSOLFDWLRQ
:HWODQG5HSRUW
'ULYHZD\SHUPLW
6XUYH\
'ULYHZD\/HWWHUIURP(QJLQHHU
$EXWWLQJ3URSHUW\RZQHUVOLVW
7KDQN\RXYHU\PXFKIRU\RXUWLPH
.LP3KLOOLSV
1DUUDWLYHIRU6SHDU6WUHHW3ODQQHG8QLW'HYHORSPHQW
6SHDU6WUHHWLVDDFUHSDUFHO,WZDVRULJLQDOO\VHSDUDWHORWV RQHORWZDV
ZLWKDKRXVHDQGRQHORWZDV ZKLFKZDVYDFDQW3OHDVHVHHDVXUYH\
GDWHG-XQHWK RIRULJLQDOORWVDQGDFRS\RIWKHGHHGZKHQZHSXUFKDVHGWKH
SURSHUW\GHVFULELQJVHSDUDWHORWV:HDUHSURSRVLQJD38'RIVSOLWWLQJWKHSDUFHOLQWR
VHSDUDWHORWVDVWKH\ZHUHRULJLQDOO\ VHHFRSLHVRIGHHGDQGROGVXUYH\
:HZHQWWRWKHLQWHULP]RQLQJPHHWLQJLQ6HSWHPEHURI DQGVXEPLWWHGRXUSODQV
IRUWKLVVXEGLYLVLRQDQGWKH\DSSURYHGLWZLWKDYRWHRIWR:HZHUHWROGWKDWDOOZH
ZRXOGQHHGZDVDVXUYH\:HKDGWKHROGVXUYH\KRZHYHUZHZDQWHGWRDGMXVWWKH
OLQHVIRUWKHQHZORWDORQJZLWKVKRZLQJZKHUHWKHXWLOLWLHVZHUHORFDWHGDORQJ6SHDU
ZKLFKDUHDFFRPPRGDWLQJIRUWKHORW:HKDGDQHZVXUYH\GRQH
:HKDYHGRQHDQHZVXUYH\RIWKHSURSHUW\ZKLFKLVYHU\FORVHWRWKHRULJLQDOVXUYH\
RQO\ZHKDYHLQFRUSRUDWHGWKHOLQHVDWWKHEDFNRIWKHSURSHUW\IRUWKHVHWEDFN
UHJXODWLRQVRIRXUEXLOGLQJHQYHORSHDOVRZHLQFUHDVHGWKHURDGIURQWDJHWRLQFRUSRUDWH
DQHDVLHU::KRRNXSIRUWKHQGORWZLWKRXWKDYLQJWRGRDULJKWRIZD\3OHDVHVHH
RXUQHZVXUYH\RIWKHORWV VHHFRS\RIWKHQHZVXUYH\
,QWKH38'ZHDUHSURSRVLQJDORWVXEGLYLVLRQZKLFKFRQVLVWVRI/RW+RXVHZLWKDQ
H[LVWLQJGULYHZD\DQG/RW7KHVHSDUDWHORWIRUZKLFKDVLQJOHIDPLO\KRXVHFDQEH
EXLOWZKLFKZRXOGKDYHLWVRZQGULYHZD\RII6SHDU6WUHHW 6HHQHZVXUYH\ZLWKEXLOGLQJ
HQYHORSHDQGKRXVHDQGGULYHZD\SODQ
'XULQJWKH3UHOLPLQDU\DSSOLFDWLRQIRUVXEGLYLVLRQSODWUHYLHZPHHWLQJZLWKWKH'5%ZH
ZHUHSUHVHQWHGZLWKLVVXHV
7KHUHZDVDOHWWHUVXEPLWWHGE\WKHQHLJKERUFRQFHUQLQJDZHWDUHDDWWKH
ERWWRPRIORWQHDU6SHDU6WUHHW:HZHUHDVNHGWRPHHWZLWK7LQD+HDWKRI
WKH6WDWHRI9HUPRQW
7KH'ULYHZD\IRUORWEHLQJDVKDUHGGULYHZD\
)RULVVXH 3OHDVHUHIHUWRWKHOHWWHUVIURPZHWODQGH[SHUWV$OHWWHUIURPWKH
HQYLURQPHQWDOZHWODQGVVSHFLDOLVW%UDG:KHHOHU VHHDFRS\RI%UDG:KHHOHUV/HWWHU
,QWKLVOHWWHUKHGHVFULEHVWKHVL]HRIWKHDUHDDQGW\SHRIZHWODQGV%UDGPHWZLWK7LQD
+HDWKRIWKH6WDWHRI9HUPRQWDWWKHSURSHUW\DQGWKH\GHWHUPLQHGWKDWWKHZHWDUHD
ZDVDFODVVZHWODQGVDQGQRWJRYHUQHGE\WKH6WDWHRI9HUPRQW3OHDVHVHH7LQD
+HDWK
VOHWWHU7KHUHJXODWLRQVRQ&ODVVZHWODQGVDUHGHVFULEHGLQ%UDG:KHHOHU
V
OHWWHU7KHUHJXODWLRQVVWDWH\RXFDQGLVWXUEXSWRVTXDUHIHHWRI&ODVV:HWODQGV
ZLWKRXWDSHUPLWIURPWKH$UP\FRUSRI(QJLQHHUV$ORQJZLWKWKLV\RXFDQSODQWLQWKH
ZHWODQGVDQGFUHDWHDUDLQJDUGHQHWF«:HKDYHLQFOXGHGDPDSRIWKHEXLOGLQJ
HQYHORSHZKHUHDKRXVHFRXOGEHEXLOWWDNLQJLQWRFRQVLGHUDWLRQWKHSDUDPHWHUVRIWKH
&ODVVZHWODQGVDFFRUGLQJWR%UDG:KHHOHUVOHWWHU
7KLVEULQJVXSWKHVHWEDFNLVVXH7KHQHZ38'UHJXODWLRQVUHTXLUHDVHWEDFNRIIHHW
IURPWKHVLGHZDON
6HWEDFNV
:HZRXOGOLNHWRUHTXHVWDZDLYHURIWKHVHWEDFNV
+HUHDUHWKHUHDVRQVZHZRXOGOLNHWRUHTXHVWDZDLYHURIWKHVHWEDFNVRIWKHQHZ
UHJXODWLRQV
3OHDVHUHIHUWRWKHVDPHVNHWFKSODQZLWKWKHSURSRVHGKRXVHSODQIRUORW
:HKDYHDOHWWHUIURPRXUHQYLURQPHQWDOHQJLQHHUVWDWLQJWKDWWKHUHDUHFODVV
ZHWODQGVRQWKHSURSHUW\%DVHGRQWKHOHWWHURIWKHZHWODQGVORFDWLRQWKHKRXVHZRXOG
QHHGWREHEXLOWSDVWWKHGHVLJQDWHGZHWODQGVDUHD2XUSURSRVDOLVVKRZQRQWKHPDS
7KHEXLOGLQJHQYHORSHZRXOGEHIRUDGULYHZD\DSSUR[LPDWHO\IHHWLQOHQJWKZLWK
WKHKRXVHEHLQJEXLOW
WR
EDFNIURPWKHURDGDQGDURXQG
ZLGH
$KRXVHEXLOWEDFNIURPWKHURDGZRXOGILWZLWKWKHXQLIRUPLW\RIWKHKRXVHVRQHLWKHU
VLGHDQGWKHGULYHZD\ZRXOGDOVRILWZLWKWKHXQLIRUPLW\RIWKLV
,QWKH/'5V
3XUSRVH
,WLVWKHSXUSRVHRIWKHSURYLVLRQVIRUVXEGLYLVLRQDQG3ODQQHG8QLW'HYHORSPHQW 38'
UHYLHZWRSURYLGHIRUUHOLHIIURPWKHVWULFWGLPHQVLRQDOVWDQGDUGVIRULQGLYLGXDOORWVLQ
WKHVH5HJXODWLRQVLQRUGHUWRHQFRXUDJHLQQRYDWLRQLQGHVLJQDQGOD\RXWHIILFLHQWXVHRI
ODQGDQGWKHYLDELOLW\RILQILOOGHYHORSPHQWDQGUHGHYHORSPHQWLQWKH&LW\¶V&RUH$UHD
DVGHILQHGLQWKH&RPSUHKHQVLYH3ODQ,WLVWKHIXUWKHUSXUSRVHRIWKLV$UWLFOHWR
FRRUGLQDWHVLWHSODQFRQGLWLRQDOXVHDQGVXEGLYLVLRQUHYLHZLQWRDXQLILHGSURFHVV7KH
'HYHORSPHQW5HYLHZ%RDUGVKDOODGPLQLVWHUWKHVHUHJXODWLRQVIRUWKHSXUSRVHRI
DVVXULQJRUGHUO\JURZWKDQGFRRUGLQDWHGGHYHORSPHQWLQWKH&LW\RI6RXWK%XUOLQJWRQ
DQGWRDVVXUHWKHFRPIRUWFRQYHQLHQFHVDIHW\KHDOWKDQGZHOIDUHRILWVFLWL]HQV
$XWKRULW\DQG5HTXLUHG5HYLHZ$$XWKRULW\ 3XUVXDQWWR6HFWLRQWKURXJK
6HFWLRQRI96$&KDSWHUDVDPHQGHGWKH'HYHORSPHQW5HYLHZ%RDUG
VKDOOKDYHWKHDXWKRULW\WRUHYLHZDQGDSSURYHDSSURYHZLWKFRQGLWLRQVRUGHQ\DQ
DSSOLFDWLRQIRUVXEGLYLVLRQRIODQGSXUVXDQWWRWKHVWDQGDUGVLQWKHVH5HJXODWLRQV
,QDFFRUGDQFHZLWKWKHSURYLVLRQVRI6XEVHFWLRQV DQG RI6HFWLRQRI7LWOH
96$&KDSWHUWKH'HYHORSPHQW5HYLHZ%RDUGVKDOOKDYHWKHDXWKRULW\WRUHYLHZ
DQGDSSURYHDSSURYHZLWKPRGLILFDWLRQVRUGHQ\3ODQQHG8QLW'HYHORSPHQWVDQG
3ODQQHG5HVLGHQWLDO'HYHORSPHQWV 38'V 3ODQQHG8QLW'HYHORSPHQWVVKDOOQRWEH
SHUPLWWHGZLWKLQ7KH&LW\&HQWHU)%&'LVWULFW ,QFRQMXQFWLRQZLWK38'UHYLHZWKH
PRGLILFDWLRQRIWKHVH/DQG'HYHORSPHQW5HJXODWLRQVLVSHUPLWWHGVXEMHFWWRWKH
FRQGLWLRQVDQGVWDQGDUGVLQWKLV$UWLFOHDQGRWKHUDSSOLFDEOHSURYLVLRQVRIWKHVH
5HJXODWLRQV 1RWZLWKVWDQGLQJVHFWLRQ $ KRZHYHUWKHIROORZLQJVWDQGDUGV
VKDOODSSO\WRDOO38'V
3DJHRI
$57,&/(68%',9,6,21DQG3/$11('81,7'(9(/230(17
6RXWK%XUOLQJWRQ/DQG'HYHORSPHQW5HJXODWLRQV
D LQQRFDVHVKDOOWKH'5%SHUPLWWKHORFDWLRQRIDQHZVWUXFWXUHOHVVWKDQILYH IHHW
IURPDQ\SURSHUW\ERXQGDU\DQGLQQRFDVHVKDOOWKH'5%SHUPLWWKHORFDWLRQRID
VWUXFWXUHQRWLQFRPSOLDQFHZLWK6HFWLRQ ' E ,QQRFDVHVKDOOEHWKH'5%
DOORZODQGGHYHORSPHQWFUHDWLQJDWRWDOVLWHFRYHUDJHH[FHHGLQJWKHDOORZDEOHOLPLWIRU
WKHDSSOLFDEOH]RQLQJGLVWULFWLQWKHFDVHRIQHZGHYHORSPHQWRULQFUHDVLQJWKH
FRYHUDJHRQVLWHVZKHUHWKHSUHH[LVWLQJFRQGLWLRQH[FHHGVWKHDSSOLFDEOHOLPLW F ,Q
QRFDVHVKDOOWKH'5%SHUPLWWKHORFDWLRQRISDUNLQJQRWLQFRPSOLDQFHZLWK6HFWLRQ
% 3XUVXDQWWRWKLV$UWLFOHWKH6RXWK%XUOLQJWRQ'HYHORSPHQW5HYLHZ
%RDUGVKDOOKDYHWKHIXUWKHUDXWKRULW\WRUHYLHZDQGDSSURYHDSSURYHZLWK
PRGLILFDWLRQVRUGHQ\D0DVWHU3ODQUHYLHZHGLQFRQMXQFWLRQZLWKD38'$0DVWHU3ODQ
VKDOOEHDELQGLQJVXESDUWRID38'DSSURYDODQGVKDOOQRWEHFRQVWUXHGDVDVHSDUDWH
ODQGGHYHORSPHQWUHYLHZSURFHGXUHIURPWKH38'SURFHGXUHVVHWIRUWKLQWKLV$UWLFOH
7KHPRGLILFDWLRQRIWKHPD[LPXPUHVLGHQWLDOGHQVLW\IRUD]RQLQJGLVWULFWVKDOOEH
SHUPLWWHGRQO\DVSURYLGHGLQWKHDSSOLFDEOHGLVWULFWUHJXODWLRQVDQGRUIRUWKHSURYLVLRQ
RIDIIRUGDEOHKRXVLQJSXUVXDQWWR6HFWLRQRIWKHVH5HJXODWLRQV
%$SSOLFDWLRQVIRUZKLFK38'UHYLHZLVUHTXLUHG)RUFHUWDLQXVHVDQGLQFHUWDLQ
GLVWULFWVDSSOLFDWLRQVIRUGHYHORSPHQWUHYLHZPXVWEHPDGHDVD38'SXUVXDQWWRWKLV
$UWLFOH6XFKXVHVDQGGLVWULFWVDUHQRWHGEHORZLQ7DEOH&7DEOHRI8VHVDQGLQ
LQGLYLGXDOGLVWULFWDUWLFOHVLQWKHVH5HJXODWLRQV)RUDOOODQGGHYHORSPHQWDFWLYLWLHV
PHHWLQJWKHVHVWDQGDUGV38'UHYLHZVKDOOEHUHTXLUHGXQOHVVDQDSSOLFDWLRQLVEHLQJ
PDGHSXUVXDQWWRVSHFLILFSURYLVLRQVLQD38'SHUPLWLVVXHGE\WKH'5%WKDWDSSO\WR
WKHODQGLQYROYHGDQGVSHFLI\DQRWKHUUHYLHZSURFHGXUH7KH0DVWHU3ODQUHTXLUHPHQWV
RIWKLV$UWLFOHPD\DSSO\LQDGGLWLRQWRWKHVWDQGDUG38'UHTXLUHPHQWVDVVHWIRUWKLQ
6HFWLRQEHORZ'HYHORSPHQWVWKDWRUGLQDULO\VKDOOEHVXEMHFWWR38'UHYLHZDUH
$OODSSOLFDWLRQVIRUGHYHORSPHQWLQWKH6RXWKHDVW4XDGUDQW'LVWULFWRWKHUWKDQD
VLQJOHIDPLO\RUWZRIDPLO\UHVLGHQFH
)RULVVXHZHZRXOGOLNHWRVWDWHWKDWZHZHQWWR7KH&LW\3ODQQLQJDQG=RQLQJWR
DVNDERXWDGULYHZD\SHUPLW7KH\GLUHFWHGXVWRJRWRWKH3XEOLF:RUNV'HSDUWPHQW
:HZHQWWKHUHDQGWKH\FDPHRXWWRWKHSURSHUW\IRUDVLWHYLVLW7KH\PDUNHGZKHUH
WKHGULYHZD\ZRXOGEH:HKDYHDGULYHZD\SHUPLWIRUWKLVIURPWKH6%XUOLQJWRQ3XEOLF
:RUNV'HSDUWPHQW
6KDUHGGULYHZD\
:HZRXOGOLNHWRDVNIRUDZDLYHURQWKHVKDUHGGULYHZD\UHJXODWLRQZHKDYH
DWWDFKHGDVNHWFKSODQIRUWKHSURSRVHGKRXVHWREHEXLOWRQWKHORWDORQJZLWKWKH
EXLOGLQJHQYHORSH
:HKDYHQRWLQFOXGHGDVNHWFKSODQIRUDVKDUHGGULYHZD\:HDUHDVNLQJIRUDZDLYHU
IRUWKLVSLHFHRISURSHUW\IRUWKHUHDVRQVOLVWHGEHORZ
:HKDYHREWDLQHGDGULYHZD\SHUPLWIURPWKH&LW\RI6%3XEOLF:RUNVIRUORW
:HDOUHDG\KDYHGULYHZD\ZKHUHWKHRULJLQDODFFHVVWRORWZDVORFDWHGWKUXWKH
ZHWODQGVZKLFKLVDOORZHGE\WKHDUP\FRUSRIHQJLQHHUV
,I\RXORRNRQWKHVXUYH\\RXZLOOVHHWKDWWKHSRZHUZDVWHZDWHUDQGFDEOHDOOUXQ
XSWKHGULYHZD\RIORWQXPEHURQHRQWKHVRXWKVLGHRIWKHGULYHZD\7KHVHZRXOGKDYH
WREHFURVVHGLQRUGHUWRKDYHDVKDUHGGULYHZD\:HVSRNHZLWK*03DERXWFURVVLQJ
WKHSRZHUOLQHDQGWKH\DUHSURYLGLQJXVZLWKDOHWWHUVD\LQJLIZHZHUHWRGRVRZH
ZRXOGKDYHWRHQFDVHWKHSRZHULQFRQFUHWH7KHSRZHUOLQHZRXOGKDYHWREHGXJXS
DQGHQFDVHGLQFRQFUHWH
7KHZDVWHZDWHUHQJLQHHU'DYLG7XGKRSHZKRZURWHDOHWWHUZKLFKLVLQFOXGHGZLWK
RXUDSSOLFDWLRQVWDWHVWKDWWKHZDVWHZDWHUZRXOGKDYHWREHGXJXSDOVRDQGVOHHYHG
DQGLQVXODWHG
7KHFDEOHLQWHUQHWSKRQHZRXOGDOVRKDYHWREHGXJXSDQGEXULHGGHHSHU
'XHWRWKHZHWODQGVOHWWHUDQGWKHZHWODQGVUHJXODWLRQVRIFODVVZHWODQGVZHZDQW
WROLPLWRXUGLVWXUEDQFHRIWKHFODVVZHWODQGV+DYLQJWKHGULYHZD\ZKHUHLWZDV
RULJLQDOO\DQGLVFXUUHQWO\HQDEOHVXVWRQRWGLVWXUEDQ\PRUHRIWKHZHWODQGVWKDQ
QHFHVVDU\
,I\RXUHYLHZWKHVXUYH\\RXZLOOVHHKRZHDVLO\DFFHVVLEOHWKHSRZHUZDVWHZDWHU
FDEOHJDVDQGGRPHVWLFZDWHULVWRWKHKRPHRQORW,WZRXOGEHRQWKHQRUWKVLGHRI
ORWGULYHZD\OLPLWLQJWKHZHWODQGVGLVWXUEDQFH:HZHQWRYHUWKLVZLWK'DYLG
7XGKRSHRXUZDVWHZDWHUHQJLQHHU%UDG:KHHOHURXUHQYLURQPHQWDOVSHFLDOLVW-XVWLQ
5DELGRX[7KH&LW\RI6%3XEOLF:RUNV-D\1DGHDX7KH&LW\RI6%3XEOLF:RUNV
7RGG*UHJRU\7KH&LW\RI6%SXEOLF:RUNVHQJLQHHUDQG'DYH:KHHOHU7KH&LW\RI
6%3XEOLF:RUNV7KH\KDYHDOOEHHQRXWWRWKHSURSHUW\WRGRDVLWHYLVLW
,WGRHVILWZLWKPRVWRIWKHH[LVWLQJKRXVHVLQWKHDUHD
$VKDUHGGULYHZD\ZRXOGKDYHWREHFRQVWUXFWHGZLGHHQRXJKWRDFFRPPRGDWH
FDUVIRUSXUSRVHVRISXOOLQJRQDQGRIIWKHVWUHHWDQGZRXOGGLVWXUEPRUHODQG
%HFDXVHRIWKHVHUHDVRQVZHZRXOGOLNHWRDVNIRUDZDLYHURIWKHVKDUHGGULYHZD\
:HEHOLHYHWKH'%5KDVDXWKRULW\WRPDNHWKHVHZDLYHUVEHFDXVHDFFRUGLQJWRWKH/'5
38'UHJXODWLRQV
3XUSRVH,WLVWKHSXUSRVHRIWKHSURYLVLRQVIRUVXEGLYLVLRQDQG3ODQQHG8QLW
'HYHORSPHQW 38' UHYLHZWRSURYLGHIRUUHOLHIIURPWKHVWULFWGLPHQVLRQDOVWDQGDUGVIRU
LQGLYLGXDOORWVLQWKHVH5HJXODWLRQVLQRUGHUWRHQFRXUDJHLQQRYDWLRQLQGHVLJQDQG
OD\RXWHIILFLHQWXVHRIODQGDQGWKHYLDELOLW\RILQILOOGHYHORSPHQWDQGUHGHYHORSPHQWLQ
WKH&LW\¶V&RUH$UHDDVGHILQHGLQWKH&RPSUHKHQVLYH3ODQ
%$SSOLFDWLRQVIRUZKLFK38'UHYLHZLVUHTXLUHG)RUFHUWDLQXVHVDQGLQFHUWDLQ
GLVWULFWVDSSOLFDWLRQVIRUGHYHORSPHQWUHYLHZPXVWEHPDGHDVD38'SXUVXDQWWRWKLV
$UWLFOH6XFKXVHVDQGGLVWULFWVDUHQRWHGEHORZLQ7DEOH&7DEOHRI8VHVDQGLQ
LQGLYLGXDOGLVWULFWDUWLFOHVLQWKHVH5HJXODWLRQV)RUDOOODQGGHYHORSPHQWDFWLYLWLHV
PHHWLQJWKHVHVWDQGDUGV38'UHYLHZVKDOOEHUHTXLUHGXQOHVVDQDSSOLFDWLRQLVEHLQJ
PDGHSXUVXDQWWRVSHFLILFSURYLVLRQVLQD38'SHUPLWLVVXHGE\WKH'5%WKDWDSSO\WR
WKHODQGLQYROYHGDQGVSHFLI\DQRWKHUUHYLHZSURFHGXUH7KH0DVWHU3ODQUHTXLUHPHQWV
RIWKLV$UWLFOHPD\DSSO\LQDGGLWLRQWRWKHVWDQGDUG38'UHTXLUHPHQWVDVVHWIRUWKLQ
6HFWLRQEHORZ'HYHORSPHQWVWKDWRUGLQDULO\VKDOOEHVXEMHFWWR38'UHYLHZDUH
$OODSSOLFDWLRQVIRUGHYHORSPHQWLQWKH6RXWKHDVW4XDGUDQW'LVWULFWRWKHUWKDQD
VLQJOHIDPLO\RUWZRIDPLO\UHVLGHQFH
0RGLILFDWLRQRI5RDGZD\6WDQGDUGV D ,QDQ\38'RUQRQ7UDQVHFW=RQH
VXEGLYLVLRQWKH'5%PD\VSHFLILFDOO\DXWKRUL]HPRGLILFDWLRQRIWKH&LW\¶VURDGZD\
VWDQGDUGVLQ7DEOHEHORZLILWVSHFLILFDOO\ILQGVWKDWVXFKPRGLILFDWLRQLVLQ
IXUWKHUDQFHRI&RPSUHKHQVLYH3ODQSROLFLHVDQGWKHJRDOVIRUWKHVSHFLILF]RQLQJGLVWULFW
LQZKLFKDSURMHFWLVORFDWHGDQGWKDWVXFKPRGLILFDWLRQLVFRQVLVWHQWZLWKSURYLVLRQVIRU
WKHSXEOLFKHDOWKVDIHW\DQGZHOIDUHDQGWKHRUGHUO\GHYHORSPHQWRIWKH&LW\,QPDNLQJ
VXFKDILQGLQJWKH'5%VKDOOFRQVLGHUWKHUHFRPPHQGDWLRQRIWKH&LW\(QJLQHHU
'LUHFWRURI3XEOLF:RUNVDQG)LUH&KLHIZLWKUHVSHFWWRWKH&LW\¶VDELOLW\WRSURYLGHSXEOLF
VHUYLFHVWRWKHSURSRVHGVXEGLYLVLRQRU38'
:HDPJRLQJWRFRQFOXGHE\VD\LQJZHVWDUWHGWKLVMRXUQH\FORVH PRQWKVDJRZLWKWKH
,QWHULP]RQLQJERDUGZKRYRWHGWRWRDSSURYHDSSOLFDWLRQ,= WRVXEGLYLGHD
DFUHORWFXUUHQWO\GHYHORSHGZLWKDVLQJOHIDPLO\KRPHLQWRORWVRIHDFKDQGWR
FRQVWUXFWDVLQJOHIDPLO\KRPHRQWKHQHZXQGHYHORSHGORWVXEMHFWWRWKHFRQGLWLRQVRI
WKHLUGHFLVLRQ:HZRXOGOLNHWRDGGZHKDYHDFRQWUDFWWRVHOOWKHSURSHUW\LIWKH
VXEGLYLVLRQGRHVJRWKURXJK7KHEX\HUVDUHDIDPLO\ZLWK\RXQJFKLOGUHQDQGWKH\
KRSHWREXLOGDVLQJOHIDPLO\KRXVHRQWKHORW:HKRSHZHFDQILQDOL]HWKLVVXEGLYLVLRQ
GXULQJWKHQH[W'5%KHDULQJDQGWKHQSURFHHGZLWKJHWWLQJWKHUHTXLUHGSHUPLWVIRUWKH
::SHUPLW3OHDVHOHWPHNQRZLI\RXKDYHDQ\PRUHTXHVWLRQVRUQHHGDQ\RWKHU
LQIRUPDWLRQIURPXV7KDQNVYHU\PXFKIRU\RXUWLPHDQGHIIRUWRQWKLVDSSOLFDWLRQ,WLV
YHU\PXFKDSSUHFLDWHG:HKRSH\RXDUHVWD\LQJZHOODQGVDIHGXULQJWKLVGLIILFXOWWLPH
6LQFHUHO\
.LP3KLOOLSV
'HILQLWLRQRID38'
3ODQQHGXQLWGHYHORSPHQW 38' 2QHRUPRUHSDUFHOVRIODQGWREHGHYHORSHGDVD
VLQJOHHQWLW\WKHSODQIRUZKLFKPD\SURSRVHDQ\DXWKRUL]HGFRPELQDWLRQRIGHQVLW\RU
LQWHQVLW\WUDQVIHUVRULQFUHDVHVDVZHOODVWKHPL[LQJRIODQGXVHV7KLVSODQDV
DXWKRUL]HGPD\GHYLDWHIURPE\ODZUHTXLUHPHQWVWKDWDUHRWKHUZLVHDSSOLFDEOHWRWKH
DUHDLQZKLFKLWLVORFDWHGZLWKUHVSHFWWRWKHDUHDGHQVLW\RUGLPHQVLRQDOUHTXLUHPHQWV
RUDOORZDEOHQXPEHURIVWUXFWXUHVDQGXVHVSHUORWDVHVWDEOLVKHGLQDQ\RQHRUPRUH
GLVWULFWVFUHDWHGXQGHUWKHSURYLVLRQVRIWKHVHUHJXODWLRQV7KHVSHFLILFUHTXLUHPHQWVRI
D38'DQGWKHDUHDGHQVLW\DQGGLPHQVLRQDOSURYLVLRQVWKDWPD\EHPRGLILHGDUH
GHILQHGLQHDFKGLVWULFWLQZKLFK38'VDUHDOORZHG
6(4156RXWKHDVW4XDGUDQW1HLJKERUKRRG5HVLGHQWLDO'LVWULFW
38'
DGHYHORSPHQWWKDWLVSODQQHGDQGFRQVWUXFWHGDVRQHHQWLW\*HQHUDOO\WKHUHDUH
FRPPRQIHDWXUHVLQWKHKRPHVRUORWVJRYHUQHGE\FRYHQDQWVDWWDFKHGWRWKHGHHG
0RVWSODQQHGGHYHORSPHQWVKDYHFRPPRQODQGDQGIDFLOLWLHVRZQHGDQGPDQDJHGE\
WKHRZQHU
VRUQHLJKERUKRRGDVVRFLDWLRQ
3ODQQHGXQLWGHYHORSPHQWPHDQVRQHRUPRUHORWVWUDFWVRUSDUFHOVRIODQGWREH
GHYHORSHGDVDVLQJOHHQWLW\WKHSODQIRUZKLFKPD\SURSRVHDQ\DXWKRUL]HG
FRPELQDWLRQRIGHQVLW\RULQWHQVLW\WUDQVIHUVRULQFUHDVHVDVZHOODVWKHPL[LQJRIODQG
XVHV7KLVSODQDVDXWKRUL]HGPD\GHYLDWHIURPE\ODZUHTXLUHPHQWVWKDWDUHRWKHUZLVH
DSSOLFDEOHWRWKHDUHDLQZKLFKLWLVORFDWHGZLWKUHVSHFWWRORWVL]HEXONRUW\SHRI
GZHOOLQJRUEXLOGLQJXVHGHQVLW\LQWHQVLW\ORWFRYHUDJHSDUNLQJUHTXLUHGFRPPRQ
RSHQVSDFHRURWKHUVWDQGDUGV
6(45HYLHZDQG$SSURYDO3URFHVV$6LQJOHIDPLO\UHVLGHQFHVDQGWZRIDPLO\
UHVLGHQFHVRQDVLQJOHH[LVWLQJORWDUHVSHFLILFDOO\H[FOXGHGIURPWKHUHYLHZSURYLVLRQV
RI6HFWLRQ RIWKLVDUWLFOH$OORWKHUGHYHORSPHQWLVVXEMHFWWRWKHSURYLVLRQV
SUHVHQWHGEHORZ%)RUDOOGHYHORSPHQWRWKHUWKDQWKDWOLVWHGDERYHLQ $ WKH
'HYHORSPHQW5HYLHZ%RDUGVKDOOXVHWKH3ODQQHG8QLW'HYHORSPHQW 38' UHYLHZDQG
DSSURYDOSURFHVVSUHVHQWHGLQ$UWLFOH6XEGLYLVLRQDQG3ODQQHG8QLW'HYHORSPHQW
5HYLHZ&
38'VWDUWVRQSDJHRIWKH/'5
3XUSRVH,WLVWKHSXUSRVHRIWKHSURYLVLRQVIRUVXEGLYLVLRQDQG3ODQQHG8QLW
'HYHORSPHQW 38' UHYLHZWRSURYLGHIRUUHOLHIIURPWKHVWULFWGLPHQVLRQDOVWDQGDUGVIRU
LQGLYLGXDOORWVLQWKHVH5HJXODWLRQVLQRUGHUWRHQFRXUDJHLQQRYDWLRQLQGHVLJQDQG
OD\RXWHIILFLHQWXVHRIODQGDQGWKHYLDELOLW\RILQILOOGHYHORSPHQWDQGUHGHYHORSPHQWLQ
WKH&LW\¶V&RUH$UHDDVGHILQHGLQWKH&RPSUHKHQVLYH3ODQ
$XWKRULW\DQG5HTXLUHG5HYLHZ$$XWKRULW\ 3XUVXDQWWR6HFWLRQWKURXJK
6HFWLRQRI96$&KDSWHUDVDPHQGHGWKH'HYHORSPHQW5HYLHZ%RDUG
VKDOOKDYHWKHDXWKRULW\WRUHYLHZDQGDSSURYHDSSURYHZLWKFRQGLWLRQVRUGHQ\DQ
DSSOLFDWLRQIRUVXEGLYLVLRQRIODQGSXUVXDQWWRWKHVWDQGDUGVLQWKHVH5HJXODWLRQV
3XUVXDQWWRWKLV$UWLFOHWKH6RXWK%XUOLQJWRQ'HYHORSPHQW5HYLHZ%RDUGVKDOOKDYH
WKHIXUWKHUDXWKRULW\WRUHYLHZDQGDSSURYHDSSURYHZLWKPRGLILFDWLRQVRUGHQ\D
0DVWHU3ODQUHYLHZHGLQFRQMXQFWLRQZLWKD38'$0DVWHU3ODQVKDOOEHDELQGLQJ
VXESDUWRID38'DSSURYDODQGVKDOOQRWEHFRQVWUXHGDVDVHSDUDWHODQGGHYHORSPHQW
UHYLHZSURFHGXUHIURPWKH38'SURFHGXUHVVHWIRUWKLQWKLV$UWLFOH
%$SSOLFDWLRQVIRUZKLFK38'UHYLHZLVUHTXLUHG)RUFHUWDLQXVHVDQGLQFHUWDLQ
GLVWULFWVDSSOLFDWLRQVIRUGHYHORSPHQWUHYLHZPXVWEHPDGHDVD38'SXUVXDQWWRWKLV
$UWLFOH6XFKXVHVDQGGLVWULFWVDUHQRWHGEHORZLQ7DEOH&7DEOHRI8VHVDQGLQ
LQGLYLGXDOGLVWULFWDUWLFOHVLQWKHVH5HJXODWLRQV)RUDOOODQGGHYHORSPHQWDFWLYLWLHV
PHHWLQJWKHVHVWDQGDUGV38'UHYLHZVKDOOEHUHTXLUHGXQOHVVDQDSSOLFDWLRQLVEHLQJ
PDGHSXUVXDQWWRVSHFLILFSURYLVLRQVLQD38'SHUPLWLVVXHGE\WKH'5%WKDWDSSO\WR
WKHODQGLQYROYHGDQGVSHFLI\DQRWKHUUHYLHZSURFHGXUH7KH0DVWHU3ODQUHTXLUHPHQWV
RIWKLV$UWLFOHPD\DSSO\LQDGGLWLRQWRWKHVWDQGDUG38'UHTXLUHPHQWVDVVHWIRUWKLQ
6HFWLRQEHORZ'HYHORSPHQWVWKDWRUGLQDULO\VKDOOEHVXEMHFWWR38'UHYLHZDUH
$OODSSOLFDWLRQVIRUGHYHORSPHQWLQWKH6RXWKHDVW4XDGUDQW'LVWULFWRWKHUWKDQD
VLQJOHIDPLO\RUWZRIDPLO\UHVLGHQFH
%6WDWHPHQWRIUHTXHVWHGZDLYHUVUHTXLUHGIRU38'V$Q\DSSOLFDQWXWLOL]LQJ38'
UHYLHZPXVWSURYLGHDOLVWRIZDLYHUVDQGRWKHUUHOLHIVRXJKWWKURXJK38'UHYLHZIURP
WKHVWULFWGLPHQVLRQDOVWDQGDUGVVXEGLYLVLRQVWDQGDUGVVLWHSODQUHYLHZVWDQGDUGVRU
RWKHUDSSOLFDEOHSURYLVLRQVRIWKHVH5HJXODWLRQV
5HYLHZDQG$SSURYDORI0LQRU6XEGLYLVLRQV$$SSOLFDWLRQIRU0LQRU6XEGLYLVLRQ
$SSURYDO$IWHUFODVVLILFDWLRQRIWKHSURSRVHGVXEGLYLVLRQDVDPLQRUVXEGLYLVLRQDQG
ZLWKLQVL[PRQWKVDIWHUWKHPHHWLQJRQWKHVNHWFKSODQIRUWKHDSSOLFDWLRQWKHDSSOLFDQW
VKDOOEHDOORZHGWRE\SDVVWKHSUHOLPLQDU\SODWSURFHVVDQGSURFHHGGLUHFWO\WRILOLQJDQ
DSSOLFDWLRQIRUWKHDSSURYDORIDILQDOVXEGLYLVLRQSODW7KLV6HFWLRQVKDOODSSO\WR
PLQRUVXEGLYLVLRQVRQO\DQGVKDOOQRWDSSO\WRDSSOLFDWLRQVIRU38'DSSURYDORUDQ\
DSSOLFDWLRQVUHTXLULQJ0DVWHU3ODQDSSURYDO%)LQDO3ODW5HTXLUHPHQWVIRU0LQRU
6XEGLYLVLRQ$SSURYDO6HH$SSHQGL[(6XEPLVVLRQ5HTXLUHPHQWV&3XEOLF+HDULQJ
IRU)LQDO3ODWIRU0LQRU6XEGLYLVLRQV$SXEOLFKHDULQJVKDOOEHKHOGE\WKH'HYHORSPHQW
5HYLHZ%RDUGDIWHUVXEPLVVLRQRIWKH)LQDO6XEGLYLVLRQ3ODWDQGDOOUHTXLUHGLQIRUPDWLRQ
WRWKH$GPLQLVWUDWLYH2IILFHU6DLGKHDULQJVKDOOEHZDUQHGLQDFFRUGDQFHZLWKWKHSXEOLF
QRWLFHSURYLVLRQVRIWKH9HUPRQW3ODQQLQJDQG'HYHORSPHQW$FW7KH'5%VKDOOWDNH
DFWLRQWRDSSURYHDSSURYHZLWKFRQGLWLRQVRUGHQ\WKHILQDOSODWDSSOLFDWLRQDWDGXO\
ZDUQHGSXEOLFKHDULQJLQDFFRUGDQFHZLWK6HFWLRQ ( RIWKLV$UWLFOH
)$FWLRQRQ)LQDO3ODW 3XEOLFKHDULQJ$SXEOLFKHDULQJVKDOOEHKHOGE\WKH
'HYHORSPHQW5HYLHZ%RDUGDIWHUVXEPLVVLRQRIWKHILQDOSODWDQGDOOUHTXLUHG
LQIRUPDWLRQWRWKH$GPLQLVWUDWLYH2IILFHU6DLGKHDULQJVKDOOEHDGYHUWLVHGDQGZDUQHGLQ
DFFRUGDQFHZLWKWKHSXEOLFQRWLFHSURYLVLRQVRIWKH9HUPRQW3ODQQLQJDQG'HYHORSPHQW
$FW $FWLRQRQ)LQDO3ODW7KH'HYHORSPHQW5HYLHZ%RDUGVKDOOZLWKLQIRUW\ILYH
GD\VDIWHUWKHFORVHRIWKHSXEOLFKHDULQJDSSURYHPRGLI\DQGDSSURYHDSSURYHZLWK
FRQGLWLRQVRUGHQ\VXFKSODW)DLOXUHWRDFWZLWKLQVDLGIRUW\ILYH GD\VVKDOOEH
GHHPHGDSSURYDO&RSLHVRIWKH'HYHORSPHQW5HYLHZ%RDUGGHFLVLRQDORQJZLWK
ILQGLQJVRIIDFWVKDOOEHVHQWWRWKHDSSOLFDQW,IWKH'HYHORSPHQW5HYLHZ%RDUGSODFHV
DQ\VWLSXODWLRQVUHJDUGLQJWKHFRQWHQWRIWKHSODWRUVXSSRUWLQJGRFXPHQWVLWVKDOO
UHTXLUHWKDWDQ\VWLSXODWHGFKDQJHVEHFRPSOHWHGWRWKHVDWLVIDFWLRQRIWKH
$GPLQLVWUDWLYH2IILFHUEHIRUHILOLQJRIWKHDSSURYHGSODW7KH'HYHORSPHQW5HYLHZ
%RDUGPD\HVWDEOLVKSKDVLQJVFKHGXOHVIRUFRQVWUXFWLRQRIVWUXFWXUHVDQGPD\DOVR
UHTXLUHFHUWDLQVWUHHWVDQGRWKHULPSURYHPHQWVWREHFRPSOHWHGSULRUWRRUGXULQJ
VSHFLILHGSKDVHVRIFRQVWUXFWLRQ
'&ULWHULDIRU3XEOLFDQG3ULYDWH5RDGZD\V ,QUHYLHZLQJ38'VXEGLYLVLRQDQG
PDVWHUSODQDSSOLFDWLRQVWKH'5%VKDOOKDYHWKHDXWKRULW\WRUHTXLUHWKHFRQVWUXFWLRQRI
URDGZD\VWR&LW\VWDQGDUGVDQGWKHGHGLFDWLRQRIURDGZD\VWRWKH&LW\7KH'5%DOVR
VKDOOKDYHWKHDXWKRULW\VXEMHFWWRWKHOLPLWDWLRQVLQ EHORZWRZDLYHWKLVUHTXLUHPHQW
DQGWRDOORZSULYDWHVWUHHWVDQGRUSXEOLFVWUHHWVQRWEXLOWWRIXOO&LW\VWDQGDUGVDVVHW
IRUWKLQ7DEOHDQG)LJXUH
I 7KHKRPHVEXLOWRQDSULYDWHURDGZD\PXVWEHVSULQNOHUHGWRWKHVDWLVIDFWLRQRIWKH
6RXWK%XUOLQJWRQ)LUH&KLHI$OOSURSRVHGVSULQNOHUV\VWHPVPXVWEHUHYLHZHGDQG
DJUHHGXSRQSULRUWRSODWDSSURYDO7KLVUHTXLUHPHQWPD\EHZDLYHGEHWKH'5%XSRQ
UHFRPPHQGDWLRQE\WKH&LW\RI6RXWK%XUOLQJWRQ)LUH&KLHI
0RGLILFDWLRQRI5RDGZD\6WDQGDUGV D ,QDQ\38'RUQRQ7UDQVHFW=RQH
VXEGLYLVLRQWKH'5%PD\VSHFLILFDOO\DXWKRUL]HPRGLILFDWLRQRIWKH&LW\¶VURDGZD\
VWDQGDUGVLQ7DEOHEHORZLILWVSHFLILFDOO\ILQGVWKDWVXFKPRGLILFDWLRQLVLQ
IXUWKHUDQFHRI&RPSUHKHQVLYH3ODQSROLFLHVDQGWKHJRDOVIRUWKHVSHFLILF]RQLQJGLVWULFW
LQZKLFKDSURMHFWLVORFDWHGDQGWKDWVXFKPRGLILFDWLRQLVFRQVLVWHQWZLWKSURYLVLRQVIRU
WKHSXEOLFKHDOWKVDIHW\DQGZHOIDUHDQGWKHRUGHUO\GHYHORSPHQWRIWKH&LW\,QPDNLQJ
VXFKDILQGLQJWKH'5%VKDOOFRQVLGHUWKHUHFRPPHQGDWLRQRIWKH&LW\(QJLQHHU
'LUHFWRURI3XEOLF:RUNVDQG)LUH&KLHIZLWKUHVSHFWWRWKH&LW\¶VDELOLW\WRSURYLGHSXEOLF
VHUYLFHVWRWKHSURSRVHGVXEGLYLVLRQRU38'
)URQW%XLOGLQJ6HWEDFNV$FORVHUHODWLRQVKLSEHWZHHQWKHEXLOGLQJDQGWKHVWUHHWLV
FULWLFDOWRWKHDPELDQFHRIWKHVWUHHWHQYLURQPHQW D %XLOGLQJVVKRXOGEHVHWEDFND
PD[LPXPRIWZHQW\ILYHIHHW ¶ IURPWKHEDFNRIVLGHZDON
WHEELER ENVIRONMENTAL SERVICES, LLC
February 26, 2020
Thomas and Kimberly Phillips
1430 Spear Street
South Burlington, Vermont 05403
(sent via email only –tjpandsons@aol.com)
Re: DRAFT Wetland Site Evaluation, 1430 Spear Street, South Burlington, VT
WES Project #1-1634-1
Dear Tom and Kim,
On February 24, 2020, Wheeler Environmental Services, LLC (WES) completed a wetland
evaluation for the 0.9 acre Lot #2 parcel located at 1430 Spear Street, South Burlington, Vermont
(the property). The purpose of the evaluation was to attempt to determine whether wetlands are
present on the property. In order to accomplish this task, we completed approximately 8-10
hand-auger borings on the property to determine whether hydric soils are present on the property.
During the growing season, a wetland boundary is typically defined using specific criteria based
on soils, vegetation and hydrology. Due to the winter conditions on February 24, this wetland
evaluation was based primarily on the limits of hydric soil present in this area.
There are hydric soils present along the western edge of the property (within approximately 65
feet of Spear Street). The hydric soils are silty clay loam textures and have a depleted matrix that
begins within less than 10 inches of the soil surface. A depleted matrix is defined using very
specific color requirements and thicknesses for the soil matrix and redoximorphic concentrations
and depletions within that soil layer, but in very general terms it is a gray colored soil matrix
with brownish orange mottles.
The colors of the soils further east on the property do not meet the specific requirements of a
depleted matrix, most typically because the matrix chroma to a depth below 10 inches from the
soils surface is too bright (light brown instead of gray).
The presence of wetland hydrology indicators for at least two consecutive weeks during the
growing season is required to determine whether a wetland is present in a given location. None
of the wetland hydrology indicators were observed on the date of this site visit, but based on the
soil morphology on the western edge of the property, it is likely that one or more primary
wetland hydrology indicators will be present in the spring after the growing season has begun.
The two wetland hydrology indicators most likely to be present are soil saturation within 12
inches of the soil surface and a seasonal high water table within 12 inches of the soil surface.
Due to normal seasonal dieback and current snow cover of 12-15 inches, the vegetation was only
available to evaluate in a limited manner. The visible vegetation within the western edge of the
property where hydric soils are present appeared to be dominated by hydrophytes (plants that
grow in wetlands), including reed canarygrass, meadowsweet (Spirea alba) a small elm and
purple loosestrife. A dominance of staghorn sumac was formerly present along the eastern edge
Thomas and Kimberly Phillips February 26, 2020
South Burlington, Vermont Page 2
Wheeler Environmental Services, LLC
P.O. Box 13, Barre, Vermont 05641
Phone: (802) 479-4500 Email: brad@wheelerenv.com
of this area, coinciding with the general area where the soils transition from hydric to non-hydric.
Most of the sumac was recently cut.
Typically, for an area to meet the definition of a wetland, the presence of hydric soils, wetland
hydrology and a dominance of hydrophytic vegetation must be documented.
This evaluation determined that for the area within approximately 65 feet of Spear Street, hydric
soils are present, a dominance of hydrophytic vegetation appears likely and wetland hydrology
indicators are expected to be present for at least 14 consecutive days during the growing season.
The remaining portions of Lot #2, east of the area described in the preceding paragraph, lack at
least one of these three parameters, and most likely all three. This evaluation documented that
the soils in this area are not hydric soils, and preliminary indications are that the vegetation and
hydrology do not meet the definitions of those parameters necessary to define an area as wetland.
Based on the small size (less than 8,000 square feet), vegetative community (wet meadow), lack
of adjacent surface water and lack of contiguity to a Vermont Significant Wetland Inventory
(VSWI) mapped wetland, if the western part of Lot #2 is wetland, it is a Class Three wetland.
The State of Vermont does not exercise jurisdiction over Class Three wetlands that are not
involved in Act 250 review. The US Army Corps of Engineers (COE) has jurisdiction over any
wetlands in Vermont. They do not distinguish between Class Two and Class Three wetlands.
This classification system is part of the Vermont Wetland Rules.
Based on the proposed plans for Lot #2, it appears that fill placement required for utility
trenching (sewer, water, communications) and the driveway construction will require
approximately 2,000 to 2,500 square feet of fill placement within the area that we have
determined may be wetland. The driveway will result in approximately 800 to 1,000 square feet
of permanent fill placement within the potential wetland area. The two utility trenches will result
in approximately 1,200 to 1,500 square feet of temporary wetland impacts. There are no viable
alternatives to these proposed impacts.
Up to 5,000 square feet of fill in wetlands is allowed under the COE general permit as a self-
verification eligible activity. The language in the general permit that applies to this level of fill
placement in a wetland is as follows:
a. Self-Verification (SV):
i. May proceed without application or notification to the Corps provided the project proponent
verifies that the activity will meet the terms and conditions of applicable GPs. Project
proponents must comply with other federal laws such as the National Historic Preservation
Act (NHPA), the Endangered Species Act (ESA) and the Wild and Scenic Rivers Act.
Consultation with outside experts, such as the State Historic Preservation Office, Stockbridge-
Munsee Tribe, and the U.S. Fish and Wildlife Service (USFWS) may also be necessary.
The applicable GP for this project is GP 17, and reads as follows:
Thomas and Kimberly Phillips February 26, 2020
South Burlington, Vermont Page 3
Wheeler Environmental Services, LLC
P.O. Box 13, Barre, Vermont 05641
Phone: (802) 479-4500 Email: brad@wheelerenv.com
GP 17. NEW/EXPANDED DEVELOPMENT & RECREATIONAL FACILITIES (Sections 10 and
404) Discharges of dredged or fill material for the construction or expansion of developments
and/or recreational facilities. This GP authorizes attendant features that are necessary for the
use of the development. Attendant features may include but are not limited to roads, parking lots,
garages, yards, utility lines, storm water management facilities, and septic fields. Fill area
includes all temporary and permanent fill, and regulated discharges associated with excavation.
Not authorized under GP 17: Permanent and temporary impacts >5,000 SF in Lake Champlain,
Lake Memphremagog, Wallace Pond and adjacent wetlands, and >1 acre in all other waterways
and/or wetlands.
Self-Verification (SV) Eligible
1. <5,000 SF of permanent and temporary impacts in waterways and/or wetlands other than
Lake Champlain, Lake Memphremagog and Wallace pond and adjacent wetlands.
NOTE: Construction mats of any area necessary to conduct activities do not count towards the
5,000 SF threshold and should be removed as soon as work is completed.
Pre-Construction Notification (PCN) Required
1. Work not eligible for SV.
2. Permanent and temporary impacts are:
a. <5,000 SF in Lake Champlain, Lake Memphremagog, Wallace Pond and adjacent wetlands.
b. >5,000 SF and <1 acre in waterways and/or wetlands other than Lake Champlain, Lake
Memphremagog, Wallace Pond and adjacent wetlands.
3. Work involves stream channelization, relocation, or loss of streambed, including
impoundments.
NOTE: Construction mats of any area necessary to conduct activities do not count towards the
thresholds and should be removed as soon as work is completed.
Based on the COE general permit and the classification of the area on the property that may be a
jurisdictional wetland, the proposed project can proceed with no further notification to or
authorization from the VT ANR or the COE. This statement assumes that the conditions outlined
above in GP 17 are satisfied for the project.
Thank you for the opportunity to provide my services to you for this project. Please do not
hesitate to contact me with any questions or if you need any additional assistance.
Sincerely Yours,
_____________________________________________
Bradley A. Wheeler, Principal Scientist
Wheeler Environmental Services, LLC
Please add this document to your land records for reference
Wetland is Class III:Please be advised that I have confirmed that you have one or more Class III wetlands on your
property. Class III wetlands are not protected under the Vermont Wetland Rules (VWR). No State Wetland
permit is required for activities occurring in Class III wetlands. This report outlines the reasons for this decision.
Because wetland character, size, and function can change over time, the Wetlands Program recommends seeking
a reevaluation of wetland status every 5 years, to avoid a potential violation of the VWR. If you disagree with this
decision you can petition for a formal wetland classification determination of Class II as outlined under the
petition section of this report. The following table(s) document the reasons for this decision.
Wetland Name:
1
Wetland Location:along road frontage at 1430 Spear Street, South Burlington
Desktop Review
Only?
Yes
No
Site Visit Date:5/22/2020
People Present:Tina Heath, Brad Wheeler, Kim Phillips
Wetland is
Mapped:
Yes
No
Wetland is
contiguous to
mapped wetland:
Yes
No
Wetland was found
to meet the
following
presumption(s) of
significance:
Presumptions have not been assessed. Wetland meets classification by other means.
§4.6(a) over half an acre in size;
§4.6(b) contains woody vegetation and is adjacent to a stream, river, or open body of
water;
§4.6(c) contains dense, persistent non-woody vegetation and is adjacent to a stream,
river, or open body of water;
§4.6(d) is a vernal pool that provides amphibian breeding habitat;
§4.6(e) is a headwater wetland;
§4.6(f) adjacent to impaired waters and the impairment is related to wetland water
quality functions;
§4.6(g) the wetland contains a species that appears in the NNHP database as rare,
threatened, endangered or uncommon; or is a natural community type that is rare or
uncommon;
§4.6(h) has been previously designated as a significant wetland.
Presumption
Description:
N/A
Sketch Map of
general wetland
area (not a
delineation):
[Mapped wetland
in teal, hydric soils
in orange, advisory
wetlands in green,
wetland sketch in
#2020-235 Wetland Classification Report
Sunday, May 31, 2020 8:00 AM
Classification Reports Page 1
light blue, area
reviewed in yellow]
Photo:
Preliminary
Classification:
Class II
Class III
Class III
justification:
Wetlands Determination Petition Process
If you disagree with this report, you may request a formal determination of wetland classification, pursuant to
Section 8 of the VWR. To request a §8 formal determination of wetland classification, please fill out and submit
the petition form located on the Vermont Wetlands Program’s website “Permit Information” page. Formal
determinations are appealable pursuant to 10 V.S.A. § 917.
Pursuant to 10 V.S.A. chapter 220, any appeal of a formal wetland determination decision must be filed with the
clerk of the Environmental Division of the Superior Court within 30 days of the date of the decision. The Notice of
Appeal must specify the parties taking the appeal and the statutory provision under which each party claims party
status; must designate the act or decision appealed from; must name the Environmental Division; and must be
signed by the appellant or their attorney.
In addition, the appeal must give the address or location and description of the property, project, or facility with
which the appeal is concerned; the name of the permittee; and any permit involved in the appeal. The appellant
must also serve a copy of the Notice of Appeal in accordance with Rule 5(b)(4)(B) of the Vermont Rules for
Environmental Court Proceedings. For further information, see the Vermont Rules for Environmental Court
Proceedings, available on line at www.vermontjudiciary.org. The address for the Environmental Division is: 32
Cherry Street, 2nd Floor, Suite 303, Burlington, VT 05401 (Tel. # 802-951-1740).
More Information is Available on the Wetlands Program Website
For more on state wetland permitting and how to apply for a permit visit the Wetlands Permit Information Page,
at http://dec.vermont.gov/watershed/wetlands/jurisdictional/permit-info
For more on wetland classifications visit the Jurisdictional Wetland Page at
http://dec.vermont.gov/watershed/wetlands/jurisdictional
For more about Allowed Uses visit the Allowed Uses Page at http://dec.vermont.gov/watershed/wetlands/bmps
For more on wetland classification petitions and forms visit the Wetlands Permit Information Page, at
http://dec.vermont.gov/watershed/wetlands/jurisdictional/permit-info
To find a wetland consultant to help with applying for a permit or petitioning see our Wetland Consultant List
Page at http://dec.vermont.gov/watershed/wetlands/what/id/wetland-consultant-list
Other Wetland Permit Obligations
Classification Reports Page 2
In addition, the U.S. Army Corps of Engineers (Corps) regulates the discharge of dredged and/or fill material,
including mechanized land clearing and grading, in all waters of the United States, including inland rivers, lakes,
streams and wetlands. For detailed information on Corps permits and regulations call (802) 872-2893. It is the
applicants responsibility to determine if your project also requires an Corps permit. In addition, your town may
have local regulations regarding wetland protection. Please call your town clerk to verify any local regulations.
Please add this document to your land records for reference
Classification Reports Page 3