HomeMy WebLinkAboutSD-18-28 - Supplemental - 1580 Dorset Street (43)O'Leary -Burke Civil Associates, PLC
CIVIL ENGINEERING I REGULATORY AND PERMIT PREPARATION I LAND SURVEYING I CONSTRUCTION SERVICES I LAND USE PLANNING
July 31, 2018
Marla Keene
Development Review Planner
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Re: JJJ South Burlington, LLC— Ledgewood Estates (aka Cider Mill Phase II)
Final Plat Application — SEQ
1580 Dorset Street, South Burlington, VT
Dear Marla:
We are writing on behalf of JJJ South Burlington, LLC c/o Brad Dousevicz, to
request final plat review for a revised layout of the Planned Unit Development called
Ledgewood Estates (aka Cider Mill Phase II), previously approved under #SD-16-01.
The preliminary plan was approved by the Development Review Board on March
215t, 2018.
The proposed layout consists of 142 units including; single family lots, carriage
homes and duplex units on the 65.5 acre parcel. All of the units will be served by
municipal facilities including; roads, sidewalks, recreation paths, water supply,
wastewater collection, and stormwater collection and treatment systems.
LEGAL:
The preliminary plat approval was appealed by one of the neighbors within the
Cider Mill Phase I Development. A motion was filed to stay the appeal in
Environmental Court in the interest of judicial economy and to conserve the
resources of both parties until the final approvals are issued. The court has decided
to dismiss the appeal without prejudice, meaning the case is dismissed, but the
neighbor is free to refile an appeal if there is still opposition following a final plat or
Act 250 approval. A copy of court docket #44-4-18 verifying the court's dismissal has
been included in the application materials. A letter from the applicant's attorney,
regarding the right to construct the previously approved 109 unit development (SD#-
16-01) regardless of the outcome of any future appeals or decisions, has also been
included in the application materials.
13 CORPORATE DRIVE ESSEX JUNCTION VERMONT 05452
TEL 802 878 9990 1 FAX 802 878 9989 1 obca@olearyburke.com
TRArrir-
Following the preliminary plat approval, technical review was invoked by the
development review board regarding the construction of the Cider Mill Drive
extension. A subsequent letter from BFJ Planning dated April 9th 2018 was
distributed to the applicant. The applicant does not agree with BFJ Planning
recommendation to construct the Cider Mill Drive extension as part of the Cider Mill
II project. The recommendation is strictly based on a planning perspective, as the
letter reinforces the applicant's position that the 142 unit development will not
create any unsafe or unreasonable traffic conditions within the Cider Mill Phase I
development.
It is unknown whether BFJ Planning has considered the historical purpose of the
Cider Mill Drive extension as part of their review. The right of way was created in
order to develop an east -west connector through the neighboring Marceau Parcel
from Dorset St to Hinesburg Road as part of the Cider Mill Phase I approval, not as a
means to alleviate traffic impacts from the Cider Mill Phase II development. The City
did not require the Cider Mill Phase I developer to build the roadway through to the
property line because it was not the Cities policy at the time. Also, a known wildlife
corridor and class II wetland would need to be impacted. The City has targeted the
Marceau Parcel in the Comprehensive Plan as a high density residential area (101-
443 Units). When the Marceau Parcel is developed the east -west connector will be
completed, along with the missing portion of Cider Mill Drive currently being
discussed as part of the Cider Mill Phase II application. The question is not if the
connection will be completed, it is by whom and when.
Cider Mill Phase II is doing more than its fair share to alleviate any potential
traffic issues including; paying a $1,000+/- per unit traffic impact fee ($142,000+/-),
building a south bound left turn lane on Dorset Street at the Cider Mill Drive
intersection, committing to a scoping study of the Hinesburg Rd/ Cheesefactory Rd
and a 'fair share' impact fee not to exceed 21.3%, committing to a traffic impact
study for a northbound left turn lane at the Nadeaucrest / VT 116 intersection after
the construction of the 515Y unit that may or may not need to be constructed, and
the applicant has proposed to pay an additional $1,000 per unit ($142,000) as a 'fair
share' impact fee to build the Cider Mill Drive extension. The Cities Planning Staff
has agreed with the applicant's proposal to pay an additional $1,000 per unit
($142,000) as a 'fair share' impact fee and to not construct the roadway as part of
the Cider Mill II project.
As part of the preliminary staff report dated 1-2-18 the Cities Director of Public
works commented the proposed traffic improvements should alleviate any traffic
concerns caused by the development, "The above mentioned micro -improvements
will ensure the project does not cause undue, adverse conditions on existing and
proposed roadways."
Page 12
As an additional mitigation measure the applicant will agree to phase the project
so the Aurora Rd / Sommerfield Ave connection will only be made available to
emergency vehicles until the 50th unit is constructed within the Cider Mill Phase II
development. In the time it takes to construct 50 units with associated
infrastructure (3-10 years) the plans for finishing the Cider Mill Drive east -west
connector may be made more clear as neighboring parcels get developed.
The Cider Mill Phase II development is currently approved with 109 units with a
designated "Future Development" area within the northern Village Residential
portion of the parcel. This approval does not include finishing the construction of
Cider Mill Drive. The DRB will have to conclude the addition of only 33 units (not a
total of 142 units), added as part of the current proposal, create enough traffic
impacts to the surrounding community to make the construction of Cider Mill Drive
a condition of approval.
PRELIMINARY CONDITIONS:
The preliminary plat approval dated March 21, 2018 contains specific approval
conditions to be incorporated into the final plat application. The applicable approval
conditions have been included, along with responses below:
5. The plans must be revised to show the change below prior to final plat
submission.
a. Adjust the mid -block pedestrian crossings to be 20 feet wide except at the
Senator Street at Nadeaucrest Drive pedestrian crossing.
Please see SH 3 — Site Plan (North) and SH 4 — Site Plan (South) for the 20 foot wide
pedestrian crossings.
b. Include E911 addresses for structures in the proposed project, in
conformance with local ordinances and Vermont E911 addressing
standards.
Please see SH 5 — Site Plan 'A', SH 6 — Site Plan '13% SH 7 — Site Plan 'C', SH 8 — Site
Plan 'D', SH 9 — Site Plan 'E', SH 10 — Site Plan 'F' and SH 11 — Site Plan V for the
E911 addresses for all 142 units throughout the development.
c. The applicant's Final Plat application must include a southbound left -turn
lane at the intersection of Dorset Street and Cider Mill Drive.
Please see SH 20 — Dorset St Left Turn Lane 0+00-15+54.94 and SH 21 — Dorset St
Left Turn Lane Overall Plan for the southbound left turn lane design at the
intersection of Dorset Street and Cider Mill Drive.
Page13
d. The applicant must adjust the proposed grading to the rear of homes on
Lindamac Street and on the south side of Liberty Lane to result in fewer
homes needing approval for adjustment of pre -construction grade prior to
final plat approval.
Please see SH 7 — Site Plan 'C', SH S — Site Plan 'D', SH 9 — Site Plan 'E' and SH S1—
Overall Stormwater Management Plan for the revised typical grading of the homes
on Lindamac Street and the south side of Liberty Lane. The back yards have mostly
been graded with a 1 on 10 slope based on the assumption all of the homes will be
garden style units. The slopes in the rear of the lots will be even more gradual if the
homes are constructed as walk -out units.
e. Incorporate the following recommendations of the Natural Resources
Committee pertaining to the wetland crossing of Aurora Road connecting
to Sommerfield Road, provided by memorandum to the Development
Review Board on November 12, 2017.
i. The height and grade of the embankment of the road should ensure
the safe passage of wildlife.
Please see SH 5 — Site Plan 'A', the wetland crossing is a maximum of 4' high and the
roadside maximum slope is 2 feet horizontal on 1 foot vertical. The wetland crossing
also includes two 24" diameter culverts under the roadway. This should allow for
the safe passage of wildlife.
ii. The structure should be free of guardrails to allow wildlife to cross.
The wetland crossing does not include guardrails.
iii. Signage depicting "wildlife crossing" should be placed at both ends of
the connector.
Please see SH 3 — Site Plan (North) showing the proposed location of the "wildlife
crossing" signs at both ends of the wetland crossing.
6. The final plat submission must include the following information.
a. The applicant must demonstrate that they have obtained preliminary
water supply and wastewater allocations prior to final plat approval.
Please see the attached preliminary water and wastewater allocation letters from
the City of South Burlington and the Champlain Water District.
b. The applicant must submit legal documents confirming options to
purchase the required 26 additional TDRs for review by the City Attorney
prior to final plat approval.
Page 14
Please see the attached options to purchase the additional 26 TDRs for the
development.
c. The applicant must submit an open space management plan prior to final
plat approval.
Please see the attached SH 22 — Open Space Management Plan.
d. The applicant must incorporate the approved open space management
plan as part of the Home Owners Association documents, which must be
reviewed and approved by the City Attorney, prior to recording mylars.
The open space management plan will be incorporated in the Home Owners
Association documents prior to recording mylars.
e. The applicant must describe the agricultural nature of the adjacent lands
and Vermont's Right to Farm statues in the development's HOA
documents.
The HOA documents will be reviewed and approved by the City attorney prior to
recording mylars.
f. The applicant must submit documentation that open spaces will be
maintained by the homeowners' association prior to recording mylars.
The HOA documents will state the HOA will be responsible for maintaining the open
space. The HOA documents will be reviewed and approved by the City attorney
prior to recording mylars.
g. The applicant must submit documentation of any required off -site
easements prior to final plat approval. Where the easement will be
conveyed to the City, the easement must be included in the irrevocable
offer of dedication for the street.
The irrevocable offer of dedication has been included in the application materials
and will be approved by the City attorney prior to recording mylars. The IOD
includes all off -site easements to be conveyed to the City.
h. For each home which is proposed to have anew preconstruction grade for
the purposes of compliance with the height standard, the applicant must
submit a table of the new desired preconstruction grade.
Please refer to the table on the following page.
Page 15
Lot/Unit
Elev.
j
Unit #73
409'
j
Unit #97
414'
Unit #121
427'
Lot #18
416'
Unit #74
407'
Unit #98
416'
Unit #122
427'
Lot #19
415'
Unit #75
419'
Unit #99
418'
Unit #123
429'
Lot #20
414'
Unit #76
418'
Unit #100
420'
Unit #124
429'
Lot #21
413'
Unit #77
416'
Unit #101
423'
Unit #125
407'
Lot #22
413'
Unit #78
415'
Unit #102
423'
Unit #126
407'
Lot #23
413'
Unit #79
414'
Unit #103
426'
Unit #127
410'
Lot #24
412'
Unit #80
412'
Unit #104
426'
Unit #128
410'
Lot #25
412'
Unit #81
410'
Unit #105
429'
Unit #129
413'
Lot #26
412'
Unit #82
408'
Unit #106
429'
Unit #130
413'
Lot #27
411'
Unit #83
405'
Unit #107
435'
Unit #131
416'
Lot #28
411'
Unit #84
405'
Unit #108
435'
Unit #132
416'
Lot #29
410'
Unit #85
405'
Unit #109
406'
Unit #133
419'
Lot #30
410'
Unit #86
405'
Unit #110
406'
Unit #134
419'
Lot #31
410'
Unit #87
408'
Unit #111
408'
Unit #135
422'
Lot #32
409'
Unit #88
410'
Unit #112
408'
Unit #136
422'
Lot #33
409'
Unit #89
412'
Unit #113
410'
Unit #137
425'
Lot #34
409'
Unit #90
414'
Unit #114
410'
Unit #138
425'
Unit #67
419'
Unit #91
416'
Unit #115
413'
Unit #139
427'
Unit #68
417'
Unit #92
418'
Unit #116
413'
Unit #140
427'
Unit #69
415'
Unit #93
420'
Unit #117
416'
Unit #141
429'
Unit #70
414'
Unit #94
407'
Unit #118
416'
Unit #142
429'
Unit #71
412'
Unit #95
409'
Unit #119
419'
Unit #72 1
411' 1
Unit #96
411'
Unit #120
419'
i. The applicant must submit estimate project costs for public facilities and
improvements and estimated project costs for all other types of bonds
required by these Regulations.
Proposed Roadway
Linear Feet (LF)
Cost Per LF*
Total Cost*
Aurora Road
1,276
$550
$701,800
Senator Street
2,045
$550
$1,124,750
Russett Road 10+00-18+00
800
$550
$440,000
Russett Road 18+00-23+00
500
$400
$200,000
Russett Road 23+00-28+23
523
$550
$287,650
Nadeaucrest Drive
1,426
$525
$748,650
Liberty Lane
512
$550
$281,600
Lindamac Street
1,372
$550
$754,600
Pippin Lane
287
$550
$157,850
TOTAL
8,741
$4,696,900
Page 16
*Estimates are based solely on historical cost per linear foot of
completed public roadways with associated utilities and landscaping.
The approved preliminary landscaping budget for the project is $122,560 or $1,613
per unit for the 76 condos (carriage homes and duplex units) applicable to the
landscaping budget standards. The approved landscaping budget and typical
plantings have been provided as part of the application materials.
The project will comply with Section 15.15 A. in the Land Development Regulations.
When a zoning permit is pulled for each phase of the project, a detailed estimate,
done by a qualified contractor, for the construction of all public facilities will be part
of the application materials. The bond required by the City of South Burlington will
be based on these estimates. The estimates provided on the previous page should
be taken as "ballpark" costs only and should not be utilized to calculate the
performance bonds associated with the project.
j. The final plat application shall be accompanied by a Certificate of Title
showing the ownership of all property and easements to be dedicated or
acquired by the City, and said Certificate of Title shall be approved by the
City Attorney. All proposed legal documents purporting to convey
property or easements to the City shall also accompany the final plat
application for a minor subdivision or major subdivision, and be approved
by the City Attorney.
The Certificate of Title has been included in the application materials. The
Certificate of Title will be reviewed and approved by the City attorney prior to
recording mylars.
k. The applicant must provide sufficient information about the proposed
buildings to evaluate the percent of South facing translucence.
The Residential Design criteria in the Cities Land Development Regulations have
been included in the design guideline narratives for the single family homes, carriage
homes, and duplex units. This includes, "a minimum of 35% of translucent windows
and surfaces should be oriented to the south." This standard will be met on a case
by case basis with each building permit application depending on the lot/unit
orientation, unit style and future homeowners input. The design guideline
narratives have been included in the final plat application materials and will be
included in the final plat approval.
19. The Applicant must address the comments of the Assistant Stormwater
Superintendent prior to final plat approval.
Page 17
The only remaining comment to be addressed from the Assistant Stormwater
Superintendent was in an email dated January 25, 2018 in regards to the rooftop
disconnections previously proposed on Lindamac Street, Liberty Lane, Nadeaucrest
Drive, Russett Road, and the cul-de-sac at the end of Aurora Rd. The City is requiring
the previously disconnected rooftops to be routed to a stormwater treatment
practice:
"If you read LDR §12.03C.(3), it notes that site balancing may be utilized if required
control of stormwater runoff cannot be achieved. Can you demonstrate that this is
true? Additionally, in Definitions on page 2-33, Site Balancing is defined for use
where Stormwater control of certain limited areas are not possible."
Collection swales have been proposed along the rear of the previously disconnected
units to route the rooftop runoff towards the existing detention ponds, please see
SH 2 — Overall Stormwater Management Plan. In order to handle the increased
runoff, the total impervious coverage representing the full buildout of the
development has been reduced from 18.97 acres to 17.81 acres. This is mostly due
to assuming each single family lot will have 20%-32% coverage with a safety factor
built in to include potential sheds, driveway turnarounds, three car garages, etc. that
are occasionally added to single family lots. The stormwater calculations were
previously based on the very conservative assumption, that each building envelope
would have 100% coverage within the single family lots. Each point of interest
within the development will meet the Cities stormwater treatment standards
without the use of rooftop disconnection. The revised HydroCAD modeling results
have been included in the application materials.
Page 18
Please find the following attachments enclosed for your review:
1) Application Materials
a.
Application for Final Plat review;
b.
Application fee of $4,630.50;
c.
Three (3) 24" x 36" copies of the Final Plat Set;
d.
One (1) 11" x 17" copy of the Final Plat Set;
e.
PDF's of the Final Plat Set;
f.
List of property abutters;
2)
Architect
Materials
a.
Single Family Home Design Guidelines, revised 7/24/17 by
Rabideau Architects
b.
Carriage Home Design Guidelines, revised 7/24/17 by Rabideau
Architects
c.
Duplex Units Design Guidelines, revised 7/24/17 by Rabideau
Architects
3)
Legal Materials
a.
Letter from Gravel and Shea regarding 109 unit approval
b.
Court Docket #44-4-18
c.
Declaration of Planned Community for Ledgewood Estates
d.
Amended Irrevocable Offer of Dedication for the roads with
Exhibit A Warranty Deed
e.
Amended Irrevocable Offer of Dedication for easements with
Exhibit A Easement Deed
f.
Attorney's Report and Opinion on Title
g.
Transfer Development Rights Option Agreement
4)
Engineering Materials
a.
HydroCAD Modeling Results — PO1 A, B, C
b.
Preliminary Water and Wastewater Allocation Letters
5)
Landscaping Materials
a.
Duplex and Carriage Home Planting Plan
b.
Duplex and Carriage Home Planting Budget and Schedule
If you have any questions or comments, please let us know.
Sincerely,
an Currier, PE
Page 19