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Home My WebLink AboutAgenda 06_SD-21-02_1840 Spear St_South Village_lot 11_PP FP#SD‐21‐02 Staff Comments 1 1 of 16 CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SD‐21‐02_1840 Spear St_South Village_lot 11_PP FP_2021‐01‐05.doc DEPARTMENT OF PLANNING & ZONING Report preparation date: December 30, 2020 Plans received: December 4, 2020 1840 Spear Street Preliminary & Final Plat Application #SD‐21‐03 Meeting Date: January 5, 2021 Owner/Applicant South Village Communities, LLC PO Box 2286 South Burlington, VT 05403 Engineer CEA 10 Mansfield View Lane South Burlington, VT 05403 Property Information Tax Parcel 1640‐1840 SEQ‐NR Zoning District 1.919 acres Location Map #SD‐21‐02 Staff Comments 2 2 of 16 PROJECT DESCRIPTION Preliminary and Final plat application #SD‐20‐29 of South Village Communities, LLC to subdivide four existing undeveloped lots totaling 23.2 acres into eight lots ranging from 0.3 acres to 14.1 acres, construct 22 homes in 11 buildings on Lot 11.1 (1.2 ac) and 11.2 (1.1 ac), and construct a permanent farm access road and pavilion on Lot 11C (1.20 ac), 1840 Spear Street PERMIT HISTORY The Board reviewed the sketch plan application for this project on September 1, 2020. The Project received master plan approval in 2016 (#MP‐16‐03). The Board, in #MS‐19‐30, approved an overall affordability plan for South Village. Some of the findings of #MS‐19‐30 relevant to this application are as follows: 1. In lieu of constructing a school on Lot 11, the applicant must include on Lot 11 a replacement community anchoring element, of a type to be determined at the time of that application The applicant is proposing a community pavilion and to grade out a moderately level field area, discussed below. 2. Lot 11 is approved for up to 22 units, subject to site plan review. The applicant must include at least 6 and no more than 11 units of affordable housing in duplex or single family homes on Lot 11, and those affordable units must be built at a ratio of one affordable to one market rate until all affordable units on Lot 11 are constructed. Master plan #MP‐05‐02 is the most recently approved comprehensive master plan; there have been minor amendments since that time. Phase 1 of the project, of which Lot 11 is a part, was originally approved with #SD‐06‐21, though there have been several minor amendments since that time. The originally approved conceptual configuration for Lot 48N included two twelve‐family homes with a shared access via North Jefferson Road. CONTEXT This application is for a block of land known collectively as Lot 11 and includes lands bordered on the west by Spear Street, the south by Allen Road East, the east by North Jefferson Road, and the north by a farm. This application seeks to subdivide these lands into eight parcels, four of which are proposed for development as part of this application, two of which will be the subject of future site plan applications, one which will become part of the farm, and one which consists predominantly of wetlands and which will be developed with a pavilion. The applicant is concurrently seeking master plan approval for increasing the maximum allowable coverage from 13.9% to 20%, removing the educational facility, adding mixed use, removing the requirement to construct additional dedicated southbound turn lanes on Spear Street, and reducing the total unit count from 334 to 321. This application is subject to Interim Zoning. The Interim Zoning requirements apply to new preliminary or final plats submitted while Interim Zoning is in effect. Therefore in addition to DRB approval, the applicant must seek and obtain City Council approval for the proposed development prior to issuance of the first zoning permit. #SD‐21‐02 Staff Comments 3 3 of 16 COMMENTS Director of Planning and Zoning Paul Conner and Development Review Planner Marla Keene (“Staff”) have reviewed the plans submitted on December 4, 2020 and offer the following comments. Numbered items for the Board’s attention are in red. A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS The project is located in the Southeast Quadrant ‐ Neighborhood Residential (SEQ‐NR) sub‐district. The dimensional standards outlined in Table C‐2 of the Land Development Regulations were altered though the Master Plan approval process for the subject property. The approved waivers are outlined in the decision and findings of fact for Master Plan #MP‐05‐02 and duplicated below. • Single‐family minimum lot size from 12,000 square feet to 3,600 square feet • Single‐family maximum building coverage from 15% to 42% (Increased to 50% in MP‐09‐01) • Single‐family maximum lot coverage from 30% to 61% • Single‐family front yard setback from 20' to 10' • Single‐family rear yard setback from 30' to 10' (5' for rear lanes) • Multi‐family maximum building coverage from 15% to 50% • Multi‐family maximum lot coverage from 30% to 65% • Multi‐family front yard setback from 20' to 10' • Multi‐family rear yard setback from 30' to 5' The proposed lots meet the minimum required lot size. On Lot 11.1 and 11.2, the applicant is proposing duplexes on a shared lot. The master plan approval did not allow waiver of lot size or setbacks for two‐family homes. The minimum lot size for duplexes is therefore 24,000 sf, with front side and rear setbacks of 20, 10 and 30 feet, respectively. As proposed, the lots have fronts on the western road, referred to by the applicant as Farm Way, on Allen Road East, and on North Jefferson Road. 1. The applicant is generally meeting the required setbacks, with the exception of one or two units on Farm Way which do not meet front setback minimums by a couple of feet. Staff recommends the Board discuss whether the applicant desires a front setback waiver in these locations, and if so, that they enumerate the specific waiver request. If no such waiver is sought, the Board should require the applicant to modify their plans to meet the required setbacks. On the provided plans, the applicant has shown what appears to be a 9‐foot setback line from Allen Road East on Lots 11.1 & 11.2 though buildings are set back beyond that. Staff recommends the Board direct the applicant to remove this line as it doesn’t have any meaning; front setbacks are 20‐feet. 2. In terms of coverage, the applicant is proposing a maximum building coverage on the involved lots of 25.5% and a maximum lot coverage of 42.9%. This occurs on Lot 11.1. Maximum allowable building and lot coverage without waiver is 15% and 30%, respectively. Lot 11.2 is also proposed for building and lot coverage requiring a waiver. Staff recommends the Board, taking into consideration consistency with the remainder of Phase 1, determine affirmatively whether to grant building and overall coverage waivers for these lots. B) SOUTHEAST QUADRANT DISTRICT This proposed subdivision is located in the southeast quadrant district. Therefore it is subject to the provisions of Section 9 of the SBLDR. #SD‐21‐02 Staff Comments 4 4 of 16 9.06 Dimensional and Design Requirements Applicable to All Sub‐Districts The following standards shall apply to development and improvements within the entire SEQ: 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, creating or enhancing stream buffer areas, or creating or enhancing buffers for primary or secondary natural communities. Open spaces were created in MP‐05‐02 and appear to have been modified by subsequent approvals, though specific findings on modifications do not appear to have been made. Staff considers this application continues to protect the most recently approved open spaces and therefore previously approved findings on this criterion are not affected by the current proposal. (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. The Regulating Plan for the Southeast Quadrant is described in 9.07 and discussed below. Though this particular standard was not in place at the time of master plan approval, #MP‐05‐02 found that development areas are located so as to maximize the aesthetic values of the property in keeping with the Comprehensive Plan goal of preserving and enhancing the open character, natural areas, and scenic views of the Quadrant, while allowing carefully planned development. On an overall basis, the average density remains below that which is permitted in the sub‐district, and coverage is consistent with the waivers approved as part of the Master Plan except as discussed above pertaining to two‐ family homes. Staff considers this criterion met. (3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant. As part of #MP‐05‐02, the applicant submitted an open space and natural area management plan for the entire subject property. This document is entitled “South Village – South Burlington, Vermont – Community Land Management Plan,” dated November 2004. Master plan condition #9 stipulated that the applicant submit a plan for the management and maintenance of the dedicated open spaces created through the Master Plan prior to final plat approval for Phase 1. Final plat approval SD‐06‐21, granted on May 3, 2006, references this plan. Staff considers the proposed development does not preclude compliance with this approved plan. (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. The applicant has provided an erosion prevention and sediment control plan and must adhere to the standards in Article 16. Staff considers this criterion met. (5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or primary or natural community areas and buffers in a manner that is aesthetically compatible with the surrounding landscape. Chain link fencing other than for agricultural purposes shall be prohibited within PUDs; the use of split rail or other fencing made of natural materials is encouraged. #SD‐21‐02 Staff Comments 5 5 of 16 3. The project is bounded by the farm to the north, wetlands to the west, and a roadway to the south and east. No landscaping or fencing is proposed to delineate the wetland buffer. Staff recommends the Board require the applicant to propose a landscaping boundary at the edge of the wetland buffer outside of the operating farm and further to establish the area of the buffer and wetland as an area left to revegetate naturally, with provisions for removal of invasive species. Staff considers this must be done prior to closing the hearing and cannot be a condition of approval. 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. The Farm at South Village is located on the north of the subject property and continues to be operated as envisioned. This standard is satisfied from master plan approval. D. Public Services and Facilities. In the absence of a specific finding by the Development Review Board that an alternative location and/or provision is approved for a specific development, the location of buildings, lots, streets and utilities shall conform with the location of planned public facilities as depicted on the Official Map, including but not limited to recreation paths, streets, park land, schools, and sewer and water facilities. The official map provides a road and recreation path in this general vicinity. The road has already been constructed. It appears this project proposes to complete the remaining segment of recreation path, though a small portion of the path at the western edge is beyond the edge of the plan. 4. Staff recommends the Board require the applicant to modify their plans to show that the recreation path will be connected, including any required grading and landscaping. (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 requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. The applicant has provided an estimate of water and wastewater flows for the 22 proposed homes. No information about water or wastewater allocation was provided with this application. It appears the most recent wastewater allocation for Phase 1 was received in 2006 for 84 units, specifically excluding allocation for the multifamily buildings and the school. Since the 22 currently proposed units are proposed in lieu of the school, Staff considers the applicant must obtain preliminary water and wastewater allocation for the proposed 22 units prior to final plat approval. If the applicant wishes to dispute this condition, Staff considers they should provide demonstration that additional previously approved allocation is available. 5. Staff recommends the Board continue the hearing until such time as these allocations are obtained. Staff notes preliminary allocations have no cost associated with them and therefore do not represent a hardship to obtain. The South Burlington Water Department reviewed the plans on 12/22/2020 and offers the following comments. 1. Add the following note to the utility plans: “All water lines and appurtenances shall be installed in accordance with the Champlain Water District Specifications and Details for the #SD‐21‐02 Staff Comments 6 6 of 16 Installation of Water Lines and Appurtenances, current edition, henceforth CWD Specifications.” 2. See CWD Specifications for tapping sleeve and valve requirements. 3. The hydrant being located on Allen Road East shall be installed on the existing 6” stub, thus avoiding the addition or abandonment of unnecessary infrastructure in this area. 4. The hydrant being relocated shall have its valve closed, a cap attached to the valve with a foster gland, all encased in V‐Bio poly wrap, with a precast thrust bloc installed against the cap. Ties shall be taken and shown on As‐Builts and the valve shall be buried. 5. See CWD Specifications for fire hydrant requirements, 6. Cor‐Blue T‐bolts and nuts are required for underground installations. 7. No water services or curb stops shall be located within driveways. 8. A pre‐construction meeting shall be held with the SBWD no less than 7 days prior to the initiation of any water line or appurtenance work. Staff recommends the Board require the applicant to comply with the comments of the South Burlington Water Department as conditions of approval. Staff notes the South Burlington Water Department has also provided these comments as markups on a plan, which the applicant may request from Staff. (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. The western road and the central alley are proposed to remain private. 15.12D(3) requires that private roadways serve five or fewer single family or duplex dwellings, and nine or fewer dwelling units. Staff considers 15.12D(3) met. The property line on Allen Road East and North Jefferson Road is located within the proposed 10‐ foot wide recreation by about 1 foot. Staff considers the recreation path should not be located within private property and recommends the Board direct the applicant to move it to be wholly within the ROW. 6. As of packet publication, the Director of Public Works has not yet reviewed the plans. Staff anticipates they will have an update at the time of the hearing. (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 of hydrants. The Fire Chief reviewed the plans on 12/29/2020 and indicated there are no comments. 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 #SD‐21‐02 Staff Comments 7 7 of 16 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. This criterion was found at the master plan level to need further review under applications for individual phases. The Board indicated at sketch that the homes on Lot 11 should front on either North Jefferson Road (for the eastern homes) or the farm access road (for the western homes). All of the homes are proposed to be rear loaded with garages accessed via a central alley, similar to homes in Phase I of South Village. The farm access road is proposed to be gravel and connects to the existing farm access road at its north end. There is a proposed sidewalk on the farm access road, and as noted above, the recreation path shown on the official map is proposed to be completed with this project. Staff considers the proposed addition of 22 homes will result in less traffic than the previously approved school. Staff considers this criterion met. (1) Roads shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. On Lots 11.1 and 11.2, the farm access road is proposed to be 12‐feet of gravel and the lane is proposed to be 20‐feet wide, uncurbed, and paved. Utilities are proposed to be served via the lane. There is a recreation path along North Jefferson Road, though there are no street trees proposed. As noted above, approximately 1‐foot of the recreation path is on the development lot, which Staff recommends the Board require the applicant to locate entirely within the ROW. Further, Staff recommends the Board require the applicant to provide street trees along North Jefferson Road. Staff considers street trees should be reviewed and approved by the City Arborist prior to closing the hearing. (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. Staff notes the proposed parallel parking spaces on the farm access road are shown as demarcated with striping. Striping does not persist on gravel, therefore Staff notes the Board should ignore the shown striping in their consideration of this proposal, and require the applicant to remove the striping as a condition of approval. (3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and neighborhoods shall apply. 15.12(D)(4) requires that if the DRB finds that a roadway or recreation path extension or connection to an adjacent property may or could occur in the future, the DRB shall require the applicant to construct the roadway to the property line or contribute the cost of completing the roadway connection. Staff considers this criterion not applicable. 9.07 Regulating Plans D. Parks Design and Development. (1) General standards. The SEQ has an existing large community park, the Dorset Street Park Complex. Parks in the SEQ may be programmed as neighborhood parks or mini‐parks as defined in the Comprehensive Plan. Mini parks in the SEQ should be a minimum of 10,000 square feet, with #SD‐21‐02 Staff Comments 8 8 of 16 programming approved by the South Burlington Recreation Department. Such parks are to be located through the neighborhoods in order to provide a car‐free destination for children and adults alike, and to enhance each neighborhood’s quality of life. They shall be knitted into the neighborhood fabric as a focal point in the neighborhood, to add vitality and allow for greater surveillance by surrounding homes, local streets and visitors. Each park should be accessible by vehicle, foot, and bicycle and there should be a park within a quarter‐mile of every home. (2) Specific Standards. The following park development guidelines are applicable in the SEQ‐ NRT, SEQ‐NR, SEQ‐VR, and SEQ‐VC districts: (a) Distribution and Amount of Parks: (i) A range of parks and open space should be distributed through the SEQ to meet a variety of needs including children’s play, passive enjoyment of the outdoors, and active recreation. (ii) Parks should serve as the focus for neighborhoods and be located at the heart of residential areas, served by public streets and fronted by development. (iii) Parks should be provided at a rate of 7.5 acres of developed parkland per 1,000 population per the South Burlington Capital Budget and Program. (iv) A neighborhood or mini park of 10,000 square feet or more should be provided within a one‐quarter mile walk of every home not so served by an existing City park or other publicly‐owned developed recreation area. (b) Dedication of Parks and Open Space: Parks and protected open space must be approved by City Council for public ownership or management, or maintained permanently by a homeowners’ association in a form acceptable to the City Attorney. (c) Design Guidelines (i) Parks should be fronted by homes and/or retail development in order to make them sociable, safe and attractive places. (ii) Parks should be located along prominent pedestrian and bicycle connections. (iii) To the extent feasible, single‐loaded roads should be utilized adjacent to natural open spaces to define a clear transition between the private and public realm, and to reinforce dedicated open space as a natural resource and not extended yard areas. The applicant is proposing a community pavilion on Lot 11C. The pavilion is located in an area surrounded by wetland buffer to the south and west, by the farm access road to the east and by the farm, delineated by fencing, to the north. The total area outside of the wetland buffer and farm is around 8,900 sf, which is traversed by two drainage swales. The pavilion itself is approximately 770 sf. As noted above, #MS‐19‐30 requires the applicant to provide a community anchoring element on Lot 11. LDR 9.07D sets the goal of providing a park within ¼ mile of all homes in the SEQ. Parks should provide a car‐free destination and enhance each neighborhood’s quality of life. South Village is dedicating a soccer field, discussed under SD‐20‐31. With consideration for the goals of parks in the SEQ, the applicant at sketch described the use of the pavilion as a replacement for a temporary tent currently in use at the barn. The Board directed the applicant to refine their design pertaining to access and any needed parking for drop‐off, those with reduced mobility, etc. The applicant indicated they would solicit input #SD‐21‐02 Staff Comments 9 9 of 16 from the community on these considerations. 7. Staff recommends the Board request recreation and park committee feedback on the proposed design prior to closing the hearing. 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 (1) Development blocks. Development block lengths should range between 300 and 500 linear feet; see Figure 9‐2 for example. If longer block lengths are unavoidable blocks 500 feet or longer must include mid‐block public sidewalk or recreation path connections. Development blocks should be no longer than 500‐feet. As configured, the lane is more than 500‐feet long, while the farm access is slightly less along Lot 11 (though it is significantly more when its entire length is considered). Staff considers the length of the farm access to be unavoidable. The applicant has provided a mid‐block pedestrian connection along the Lane. Staff considers this criterion met. (2) Interconnection of Streets. Average spacing between intersections shall be 300 to 500 feet. Dead end streets (e.g. culs de sac) are discouraged. Dead end streets may not exceed 200 feet in length. Street stubs are required at the end of dead end streets to allow for future street connections and/or bicycle and pedestrian connections to open space and future housing on adjoining parcels per section 15.12(D)(4). Dead end streets are not proposed. Staff considers this criterion not applicable. (3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line and connected to adjacent parcels per section 15.12(D)(4) of these Regulations. Posting signs with a notice of intent to construct future streets is strongly encouraged. Street stubs are not proposed. Staff considers this criterion not applicable. (4) Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. Homes are proposed to be on shared lots. Staff considers the general configuration of space allocated to each home to meet this criterion. Staff recommends the Board allow waiver of this criterion. B. Street, Sidewalk & Parking Standards (1) Street dimensions and cross sections. Neighborhood streets (collector and local) are intended to be low‐speed streets for local use that discourage through movement and are safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall be as set forth in Tables 9‐1 and 9‐2, and Figures 9‐4 and 9‐5 below. Staff considers the proposed one‐way nature of the farm access road to support this criterion. One‐way streets are not contemplated in the LDRs, therefore no dimensional standards are available. Staff recommends the Board accept the proposed roadway cross sections. (2) Sidewalks. Sidewalks must be a minimum of five feet (5’) in width with an additional minimum five‐foot planting strip (greenspace) separating the sidewalk from the street. Sidewalks are required on one side of the street. #SD‐21‐02 Staff Comments 10 10 of 16 8. The recreation path on Allen Road East and North Jefferson Road is proposed to be approximately 1‐ foot in the development lots with the remainder in the public ROW. The grass strip between the recreation path and the street is 7.5‐feet. Staff has coordinated with the Director of Public Works, who supports reducing the grass strip by 1‐foot in order to locate the recreation path entirely within the ROW. Staff recommends the Board require the applicant to make this change. (3) Street Trees Street trees are required along all streets in a planting strip a minimum of five feet wide. Street tress shall be large, deciduous shade trees with species satisfactory to the City Arborist. Street trees to be planted must have a minimum caliper size of 2.5 to 3 inches DBH, and shall be planted no greater than thirty feet (30’) on center. The City Arborist reviewed the plans on 12/21/2020 and offers the following comments. 1. Japanese Tree lilacs between sidewalk and Farm Way will provide clearance issues recommend taller trees 2. Crabapples along sidewalks will have clearance issues. This is particularly problematic if these are city sidewalks as the trees will be private trees 9. Staff recommends the Board require the applicant to provide replacement trees meeting this criterion. Any such replacement should be reviewed by the City Arborist and the comments of the City Arborist should be received by Staff prior to closing the hearing. (4) On‐street parking. Sufficient space for one lane of on‐street parking shall be provided on all streets except for arterials outside of the SEQ‐VC and SEQ‐VR sub‐districts. On‐street parking is not provided except a limited number of spaces in proximity to the pavilion. Staff notes the Board has approved lanes with no on‐street parking elsewhere in South Village, and recommends the Board allow the roads as configured. With on‐street parking, the alley width would be required to increase from 20‐ft to 26‐ft and the lane from 12 to 20 feet. (5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and to slow traffic; see Figure 9‐6 and Section 9.08(B)(5). Staff considers this criterion to be met. (6) Street and sidewalk lighting. Pedestrian‐scaled light fixtures (e.g., 12’ to 14’) shall be provided sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels should be consistent with the lower‐intensity development patterns and character of the SEQ, with lower, smoother levels of illumination (rather than hot‐spots) and trespass minimized to the lowest level consistent with public safety. 10. Lighting is only proposed at the intersections of the alley with Allen Road East and North Jefferson Road. with Preserve Road. The poles are proposed to be 12‐feet high. In keeping with emphasizing the farm road as the front of the homes and the alley as the rear, Staff recommends the Board require the applicant to add lighting at the intersection of the farm road with Allen Road East. C. Residential Design (1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for single family and multi‐family buildings must face the street. Secondary building entries may open onto garages and/or parking areas. (Special design guidelines apply to arterial streets). #SD‐21‐02 Staff Comments 11 11 of 16 At sketch, the Board directed the applicant to make the farm access road the front of the homes, which required emphasizing the road over the alley. The access road continues to be narrower than the alley, and unpaved while the alley is paved, but the applicant has added ten parallel parking spaces along the farm access road. The access road also has a sidewalk while the alley does not. Landscaping appears to have equal density along both the access road and the sidewalk. 11. Staff recommends the Board discuss whether the applicant has successfully made it apparent that the homes on Lot 11.1 face the access road rather than the alley, and consider whether to require the applicant to pave the portion of the farm access road adjacent to Lot 11.1. See also recommendation pertaining to lighting immediately above. On Lot 11.2, the homes are intended to face North Jefferson Road. As noted above, Staff recommends the Board require the applicant to provide street trees along North Jefferson Road. The applicant has conveyed to staff that they wish to not provide architectural elevations in order to keep costs down, however they have provided “sample” elevations of homes they constructed at Bayberry Commons in Burlington. Staff notes that provision of elevations of proposed structures is a required element of PUD applications, and therefore the applicant is effectively requesting a waiver of this application requirement. 12. Staff recommends if the Board accept these sample elevations that they specifically call out elements which are required to create a street‐facing orientation. For example, doors should face the street, porches with sloped roofs should be used, multiple fenestrations must be present on each story for each unit, and stabilized (ie not grass) walkways should extend from each door to the sidewalk. 13. Further, Staff recommends the Board require the applicant to provide front and side elevations for the homes which face south to ensure this criterion is met. (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. As noted above, no architectural elevations have been provided. The approved South Village Design Review Standards prevent identical homes within three lots of one another. Staff recommends the Board include a condition applying the South Village Design Review Standards to this project, which will result in this criterion being met. (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 twenty‐five feet (25’) from the back of sidewalk. As part of its Master Plan approval the front setback for both single family homes and multi‐family units was reduced from 20 ft. to 10 ft. No such waiver was granted for two‐family homes. See discussion above under Zoning District and Dimensional Standards. Buildings are set back about 21 feet from back of sidewalk, with the porch set back around 15 feet from the back of sidewalk. Staff considers this proposed configuration consistent with the purpose of this criterion, and recommends the Board allow the distance between building and sidewalk as proposed. (b) Porches, stoops, and balconies may project up to eight feet (8’) into the front setbacks. As discussed above under dimensional standards, front setbacks are 20‐feet from the property line. Buildings generally meet that setback, and porches are proposed to be 6‐feet wide, therefore Staff #SD‐21‐02 Staff Comments 12 12 of 16 considers this criterion met. (4) Placement of Garages and Parking. for garages with a vehicle entrance that faces a front lot line, the façade 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. Garages are not proposed to face a front lot line. Staff considers this criterion met. (6) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and affordability is encouraged within neighborhoods and developments. These should be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near‐identical units. Staff considers this criterion to be met for Phase I as a whole and similar housing styles within Lot 11.1 and 11.2 to be acceptable. C) 18.03 AFFORDABLE HOUSING DENSITY BONUS In its decision on MS‐19‐03, the Development Review Board laid out the following parameters that the project must to adhere to in order to be considered as meeting the requirements of 18.02. Lot 11 is approved for up to 22 units, subject to site plan review. The applicant must include at least 6 and no more than 11 units of affordable housing in duplex or single family homes on Lot 11, and those affordable units must be built at a ratio of one affordable to one market rate until all affordable units on Lot 11 are constructed. MS‐20‐02A further states that “the floor area (as defined herein) of affordable units on Lot 11 shall be no less than that of market‐rate units of the same type (single family, duplex, three family) on Lots 11 and 48N.” Staff considers that while it is possible this information could be provided as zoning permits are issued, experience has shown that the applicant sells development lots to builders who then determine what building to construct, and allowing compliance with this criterion to be demonstrated at the time of zoning permit application would mean compliance can no longer be guaranteed by this applicant. Staff recommends that the Board include a condition stating that whatever the square footage of the first zoning permit issued on Lot 11 / 48N, if market rate, shall be the maximum size of all market rate units and the minimum size of all affordable units on Lot 11 / 48N. D) SUBDIVISION STANDARDS The general standards applicable to this subdivision are as follows. (1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. 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 #SD‐21‐02 Staff Comments 13 13 of 16 may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. See discussion under 9.06B(4) above. (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. See discussion under 9.06E above. (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. This criterion was found to be met at master plan. See discussion under 9.06B(5) 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. The purpose of the SEQ is as follows. The Southeast Quadrant District (SEQ) is hereby formed in order to encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued agricultural use, and well as planned residential use in the largely undeveloped area of the City known as the Southeast Quadrant. The open character and scenic views offered in this area have long been recognized as very special and unique resources in the City and worthy of protection. The location and clustering of buildings and lots in a manner that in the judgment of the Development Review Board will best preserve the open space character of this area shall be encouraged. This criterion was found to be met at master 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. This criterion was found to be met at master plan. See discussion under 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. See discussion 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. #SD‐21‐02 Staff Comments 14 14 of 16 (9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. See discussion under 9.06D(2) and (3) above. (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). 9.02 specifically states that the SEQ regulations implement the relevant provisions of the Comprehensive Plan. In the event of a conflict between the Southeast Quadrant chapter and other provisions of the Comprehensive Plan, the Southeast Quadrant chapter shall control. This criterion was found to be met at master plan level. E) SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (A) Relationship of the proposed development to the City of South Burlington Comprehensive Plan. Staff considers this criterion to be met. (B)(1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. As discussed above, it does not appear the development of Phase 1 is governed by the South Village Design Review Standards. Staff recommends the Board include a condition applying the South Village Design Review Standards to the currently proposed development. (B)(2) Parking: Single and two‐family homes in the proposed Phase II are not subject to this standard. (B)(3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. Staff considers this criterion met. (C)(1) The Board shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. Staff considers compliance with this criterion will be ensured by the South Village Design Review Standards. (C)(2) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. Staff considers this criterion met. #SD‐21‐02 Staff Comments 15 15 of 16 Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (A) Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Staff considers that no additional easements are needed for this project. (B) Utility Services. Electric, telephone and other wire‐served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. Plans submitted as part of this application show underground utility lines are proposed. (C) Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (ie, non‐dumpster, non‐large drum) shall not be required to be fenced or screened. This criterion is not applicable. (D) Landscaping and Screening Requirements Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to planned unit development review. Utility cabinets are required to be screened. 13.06C(2) requires such screening to be a permanently maintained landscape of evergreen or a mix of evergreen and deciduous trees and shrubs, and/or a solid fence. The applicant is proposing a mix of evergreen and deciduous shrubs and grasses. Staff recommends the Board allow the proposed utility screening. 13.06G(2) requires there to be a mix of large canopy tree species within each landscaping plan. City Arborist comments pertaining to tree selection are noted above. There is no minimum required landscaping budget for single or two family homes on their own lots. (E) Modification of Standards. Except within the City Center Form Based Code District, where the limitations of a site may cause unusual hardship in complying with any of the standards above and waiver therefrom will not endanger the public health, safety or welfare, the Development Review Board may modify such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met. However, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre‐existing condition exceeds the applicable limit. Potential setback waiver requests are discussed under dimensional standards above. Relief from the requirement to provide architectural elevations is discussed under Residential Design standards above. (F) Low Impact Development. The use of low impact site design strategies that minimize site disturbance, and that integrate structures, landscaping, natural hydrologic functions, and various other #SD‐21‐02 Staff Comments 16 16 of 16 techniques to minimize runoff from impervious surfaces and to infiltrate precipitation into underlying soils and groundwater as close as is reasonable practicable to where it hits the ground, is required pursuant to the standards contained within Article 12. The Assistant Stormwater Superintendent reviewed the application on 12/23/2020 and asks the Board include a condition requiring the applicant to regularly maintain all stormwater infrastructure. F) OTHER E911 Addresses The applicant provided E911 addresses on Plan Sheet C2.0. These addresses should be revised to reflect 5.28 feet per digit. Staff recommends the Board require the applicant to correct the addresses as a condition of approval. Energy Standards Staff notes that 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 applicant work with Staff and the Development Review Board to address the issues herein. Respectfully submitted, Marla Keene, Development Review Planner Agricultural LeaseLOT 63(Open Space) 0.23 Ac. of Lot 48(Open Space) Exist. 20' widemulti-purposeeasement forstormwater &potential futurerecreation paths n/f L. Long Exempt Family Trust 1N 2N 3N 4N 5N 6N 7N 8N 9N 10N 11N 12N 13N 14N 15N 16N 17N 18N 19N 21N 20N 22N 23N 24N25N 26N 27N 28N 29N 30N 31N 32N 33N 34N 35N 36N 37N 38N 39N 40N 41N 42N 43N 44N 45N 46N 47N 48aN 49aN 50N 51N 52N 53N 54N 55N 66N 67N 68N-79N PARCEL "c" 2.22 ac. Proposed Street Dedication Table N. Jefferson Rd. 2.27± Ac.Churchill Street 0.95± Ac. Preserve Road 1.76± Ac. Total: 4.98± Ac. STORMWATERDETENTION AREA(TYPICAL) SCHEMATICBLDG. LOTSONLY (TYP.)PARCEL "A2"PARCEL "B" 0.94 ac.n/f C.E. Long Revocable Trust PARCEL "D" 1.91 Acres "Quiet Path"Exact location to bedetermined duringconstruction "Quiet Path"Exact location to bedetermined duringconstruction "Quiet Path"Exact location to bedetermined duringconstruction Lot 68N 80N-91N 3.52 Ac.of Lot 48(Open Space) 0.49 Ac. of Lot 48(Open Space) 116.94± Ac.of Lot 48(Open Space) PARCEL "A2" 1.08 acres 56N 57N 58N 59N 60N 61N 62N 63N 64N 65N PROPOSEDSTORMWATERAREA ACCESS "Quiet Path"Exact location to bedetermined duringconstructionPARCEL "A1" 0.51 acres 92N 93N 94N 95N 0.143 Ac. 0.216 Ac. 0.355 Ac. 0.356 Ac. PROPOSEDNEW LOTS92N - 95N Exist. Lot 48N: 1.920± Ac.To Lot 92N - 0.143± Ac.To Lot 93N -0.216± Ac.To Lot 94N -0.355± Ac.to Lot 95N -0.356± Ac.To Farm Edge -0.180± Ac.Adjusted 48N 0.670± Ac.From Orig. Lot 11 5.048± Ac. New Lot 11.1 1.237± Ac.From Orig. Lot 11New Lot 11.2 1.123± Ac.Orig. Lot 11: 5.049± Ac.To Lot 63 -0.799± Ac.To Lot 11.1 -1.237± Ac.To Lot 11.2 -1.123± Ac.To Lot 48X -1.197± Ac.To Farm Way R.O.W.-0.337± Ac.To Douglas Lane R.O.W.-0.355± Ac.Remainder Lot 11 0.000 Ac.Farm Way R.O.W. = 0.337± Ac.Douglas Lane R.O.W. = 0.355± Ac.Farm Edge Road (Private)R.O.W. = 0.180± Ac.Open Space0.670± Ac.48N 11.1 11.2 48X 11A 11B 63 Exist. Lot 11B: 2.707± Ac.From Lot 63 +0.056± Ac.From Lot 11A +0.088± Ac.To Lot 63 - 0.056± Ac.Adjusted 11B 2.795± Ac. Exist. Lot 11A: 2.074± Ac.To Lot 11B -0.088± Ac.To Lot 63 -0.637± Ac.Adjusted 11A 1.349± Ac. Exist. Lot 63: 12.677± Ac.To Lot 11B - 0.056± Ac.From Lot 11B +0.056± Ac.From Lot 11 +0.799± Ac.From Lot 11A +0.637± Ac.Adjusted 63 14.113± Ac. RESERVED FOR FUTUREDEVELOPMENT FUTURE CITY SOCCER FIELDSOCCER FIELD CEDED TOCITY OF SOUTH BURLINGTON Open Space / Common Interest1.197± Ac. - Legend - - Survey Notes - NOTE: CAPPED IRON RODS PROPOSED AT LOT CORNERS (TYP.) - Short Line Table -- Curve Table - To the best of my knowledge & belief this plat properlydepicts the results of a survey conducted under mysupervision and is based upon records & field evidencefound. Boundaries shown are in substantial conformancewith the records unless noted otherwise. This plat is insubstantial compliance with 27 VSA 1403 "Recording ofLand Plats". _______________________________________ Timothy R. Cowan VT LS 597 CEA 1" = 80' 01243 PL-1 10 MANSFIELD VIEW LANE, SOUTH BURLINGTON, VT 05403 802-864-2323 web: www.cea-vt.com Proposed Modification of Subdivision Lots 11, & 92N - 95N SOUTH VILLAGE COMMUNITIES, LLC East of Spear Street South Burlington, Vermont TRC TRC NOV. 13, 2020 RECEIVED FOR RECORDING IN THE LAND RECORDS OFTHE CITY OF SOUTH BURLINGTON, VERMONT, AT _____ O'CLOCK ON THE _____ DAY OF __________, 20____. ATTEST: ____________________________, CITY CLERK APPROVED BY RESOLUTION OF THE DEVELOPMENTREVIEW BOARD OF THE CITY OF SOUTH BURLINGTON, VERMONT, ON THE ____ DAY OF _____________, 2015, SUBJECT TO THEREQUIREMENTS AND CONDITIONS OF SAID RESOLUTION. SIGNED THIS ____ DAY OF ______________, 20___, BY _____________________________, CHAIRPERSON. 42N See Referenced Plat, Sheet P1 for Location Map & Sheet P3 for Phase 2 Easements 61N-70N SPECIAL SET-BACK NOTE The following single-family lots,marked with an asterisk (*) haverecieved special DRB approvalfor 5' setbacks for side and rearsetbacks, and 10' street-facingsetbacks. The subject lots arenumbered: 38N, 39N, 40N, 41N,42N, 43N, 44N, 45N, 46N, 47N,48aN, 49aN, 50N, 51N, 52N,53N, 54N, 55N, 66N, and 67N. - Short Line Table - - Reference Plats - Reference shall be made to: "Phase 2 Lotting Plat, South Village Communities, LLC", by Civil Engineering Associates, Inc., dated October 31, 2013 and last revised June 9, 2017, along with Sheets P1and P3 of that set. South Burlington Land Records. 1.Purpose of this plat is to depict the creation of additional lots numbered 92N - 95N, and reconfiguration of Lot 11, into lots 11.1, 11.2 and 48X. Reference shall be made to previous plats (referenced hereon) for further notes on the underlying lands and adjacent parcels. 2.The perimeter boundary survey was performed during 2004-5 usingan electronic total stations and GPS. 3.Bearings shown are referenced to Grid North, Vermont Coordinate System of 1983, related to National Geodetic Survey marks PG1580 "F 65" and AB9571 "NE Aiken" established by RTK GPSmeasurements. 4.Spear Street generally has a 66 foot wide right of way. Location was determined by existing monumentation and the traveled portion of the road. Reference Town of Burlington "Highways and Roads1802-1865", Page 22, and Town of Shelburne Town Minutes Volume 1, Page 229. 5.This property lies within the "Southeast Quadrant" and the "Spear Street - Allen Road Scenic View Protection Overlay" zoning districts. 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LongExempt Family Trust1N2N3N4N5N6N7N8N9N10N11N12N13N14N15N16N17N18N19N21N20N22N23N24N25N26N27N28N29N30N31N32N33N34N35N36N37N38N39N40N41N42N43N44N45N46N47N48aN49aN50N51N52N53N54N55N66N67N68N-79NPARCEL "c"2.22 ac.STORMWATERDETENTION AREA(TYPICAL)SCHEMATICBLDG. LOTSONLY (TYP.)PARCEL "A2"PARCEL "B" 0.9 4 a c .n/f C.E. LongRevocable TrustPARCEL "D"1.91 Acres"Quiet Path"Exact location to bedetermined duringconstruction"Quiet Path"Exact location to bedetermined duringconstruction"Quiet Path"Exact location to bedetermined duringconstruction80N-91NPARCEL "A2"1.08 acres56N57N58N59N60N61N62N63N64N65NPROPOSEDSTORMWATERAREA ACCESS"Quiet Path"Exact location to bedetermined duringconstructionPARCEL "A1"0.51 acres92N93N94N95NPROPOSEDNEW LOTS92N - 95NExist. Lot 48N: 1.920± Ac.To Lot 92N - 0.143± Ac.To Lot 93N -0.216± Ac.To Lot 94N -0.355± Ac.to Lot 95N -0.356± Ac.To Farm Edge -0.180± Ac.Adjusted 48N 0.670± Ac.From Orig. Lot 11 5.048± Ac. New Lot 11.1 1.237± Ac.From Orig. Lot 11New Lot 11.2 1.123± Ac.Orig. Lot 11: 5.049± Ac.To Lot 63 -0.799± Ac.To Lot 11.1 -1.237± Ac.To Lot 11.2 -1.123± Ac.To Lot 48X -1.197± Ac.To Farm Way R.O.W. -0.337± Ac.To Douglas Lane R.O.W.-0.355± Ac.Remainder Lot 11 0.000 Ac.Farm Way R.O.W. = 0.337± Ac.Douglas Lane R.O.W. = 0.355± Ac.Farm Edge Road (Private)R.O.W. = 0.180± Ac.Open Space0.670± Ac.48N11.111.248X11A11B63Exist. Lot 11B: 2.707± Ac.From Lot 63 +0.056± Ac.From Lot 11A +0.088± Ac.To Lot 63 - 0.056± Ac.Adjusted 11B 2.795± Ac.Exist. Lot 11A: 2.074± Ac.To Lot 11B -0.088± Ac.To Lot 63 -0.637± Ac.Adjusted 11A 1.349± Ac.Exist. Lot 63: 12.677± Ac.To Lot 11B - 0.056± Ac.From Lot 11B +0.056± Ac.From Lot 11 +0.799± Ac.From Lot 11A+0.637± Ac.Adjusted 63 14.113± Ac.RESERVED FOR FUTUREDEVELOPMENTFUTURE CITY SOCCER FIELDSOCCER FIELD CEDED TOCITY OF SOUTH BURLINGTONOpen Space / Common Interest1.197± Ac.- Legend -- Survey Notes -NOTE:CAPPED IRON RODSPROPOSED AT LOTCORNERS (TYP.)- Short Line Table -- Curve Table -To the best of my knowledge & belief this plat properlydepicts the results of a survey conducted under mysupervision and is based upon records & field evidencefound. Boundaries shown are in substantial conformancewith the records unless noted otherwise. This plat is insubstantial compliance with 27 VSA 1403 "Recording ofLand Plats". _______________________________________ Timothy R. Cowan VT LS 597CEA1" = 80'01243PL-1ProposedModification of SubdivisionSOUTH VILLAGECOMMUNITIES, LLCEast of Spear StreetSouth Burlington, VermontTRCTRCNOV. 13, 2020RECEIVED FOR RECORDING IN THE LAND RECORDS OFTHE CITY OF SOUTH BURLINGTON, VERMONT, AT _____ O'CLOCK ON THE _____ DAY OF __________, 20____.ATTEST: ____________________________, CITY CLERKAPPROVED BY RESOLUTION OF THE DEVELOPMENTREVIEW BOARD OF THE CITY OF SOUTHBURLINGTON, VERMONT, ON THE ____ DAY OF_____________, 2015, SUBJECT TO THEREQUIREMENTS AND CONDITIONS OF SAIDRESOLUTION.SIGNED THIS ____ DAY OF ______________, 20___,BY _____________________________, CHAIRPERSON.42NSee Referenced Plat,Sheet P1 for LocationMap & Sheet P3 forPhase 2 Easements61N-70NSPECIAL SET-BACK NOTEThe following single-family lots,marked with an asterisk (*) haverecieved special DRB approvalfor 5' setbacks for side and rearsetbacks, and 10' street-facingsetbacks. The subject lots arenumbered: 38N, 39N, 40N, 41N,42N, 43N, 44N, 45N, 46N, 47N,48aN, 49aN, 50N, 51N, 52N,53N, 54N, 55N, 66N, and 67N.- Short Line Table -- Reference Plats -Reference shall be made to: "Phase 2 Lotting Plat,South Village Communities, LLC", by CivilEngineering Associates, Inc., dated October 31, 2013and last revised June 9, 2017, along with Sheets P1and P3 of that set. South Burlington Land Records.1. Purpose of this plat is to depict the creation of additional lotsnumbered 92N - 95N, and reconfiguration of Lot 11, into lots 11.1,11.2 and 48X. Reference shall be made to previous plats(referenced hereon) for further notes on the underlying lands andadjacent parcels.2. The perimeter boundary survey was performed during 2004-5 usingan electronic total stations and GPS.3. Bearings shown are referenced to Grid North, Vermont CoordinateSystem of 1983, related to National Geodetic Survey marks PG1580"F 65" and AB9571 "NE Aiken" established by RTK GPSmeasurements.4. Spear Street generally has a 66 foot wide right of way. Locationwas determined by existing monumentation and the traveled portionof the road. Reference Town of Burlington "Highways and Roads1802-1865", Page 22, and Town of Shelburne Town MinutesVolume 1, Page 229.5. This property lies within the "Southeast Quadrant" and the "SpearStreet - Allen Road Scenic View Protection Overlay" zoning districts. November 25, 2015 p1 Design Review Standards *All home, site and landscape designs and color schemes to receive SVC DRC review prior to construction and any exterior addition or alteration. Each home also requires a City of South Burlington Building Permit and Ordinance compliance. All designs should take in account neighboring homes and landscapes and meet Energy Code Plus or better energy standards. General; Home design shall overall be reflective of general “New England” architecture styles, with traditional lines, fenestration, décor, etc. Cape, Colonial, Cottage, Bungalow, Farmhouse, Federal, Georgian, Greek revival, Queen Anne, Saltbox, Shingle, Victorian, etc Home Color: Buildings shall be of a palette that would constitute a “Historical’ palette, of natural tones that are complimentary. Benjamin Moore “Historical Palette” may be used as a general reference. Excessively bright and/or neon types of colors are not allowed. Home trim to be white. Entrys: Each building shall have a front entry that is street facing, it shall be easily distinguishable so that the street facing front entry is the primary visual entry and more prominent than any other entry. Each ‘front’ entry shall have a feature that further defines it, examples are; covering, large stoop, front porch, or have extensive architectural trim surround on the front door that clearly establishes the entry from other doors or window openings, the added definition to provide added visual ‘welcome’ and identification. The result should be an entry that any passerby would easily identify as the ‘front door’. The door or street connected element (example: porch) shall have a front walk leading to it from the street. Street visible elevations (911 Address view perspective including full sides if a corner lot): Any home elevation visible from the street & sidewalk shall have architectural fenestration so that there are no ‘blank’ walls of 12’ or greater, examples are; but not limited to; door, window, false window, etc. Each expanse of a full story shall have this fenestration, ie, 2 stories, a window or other listed element at the first and second level. The requirement is double for any expanse of 20’ or greater, ie, 2 windows or such per story per span. Street view perspective shall be is defined to be, the 911 street elevation (front) of the home and 50% of the side elevation street forward from midline of the home on each side, (ie 50% of the side elevations),unless a full side is visible from the street, by nature of being on a corner lot, or other lot configuration where a directly neighboring home is absent, in which case the entire exposed side is to meet the street visible criteria. Street facing trim color detailing; All street facing trim elements; skirt boards, risers, railings, deck trim, frieze, columns, lattice, window & door trim, rim board, gables, drip edge, gutters, fascia, rake, soffit, etc. shall be November 25, 2015 p2 white. Doors, shutters and louvers may be colored; color to be approved by DRC approved historical color palate. *All multiplex units are to have railings on their front porches. Windows: All street facing windows shall be primarily double hung, divided light aesthetic that are 2 over 2 or greater in division. Use of transoms, bow and custom windows keeping with the traditional appearance scheme are encouraged. Window plans shall have symmetry and cohesiveness with the home plan in general. Shutters: If shutters are installed they are to be sized logically to fit (cover) the window to which they are adjacent. Garages: Street facing garages shall be set back 8’ from the front of the home’s conditioned space and separated from the Entry element of the home, so as to not substantially become the first part of the home a visitor connects with. Street facing garages shall have some element of architectural style; windows, or combination of hardware and window, or other trim such as pergola or similar treatment, window transom, etc. to lend visual appeal to the expanse of door or door surround area. *An exception may be taken to the 8’ setback from conditioned space if the home has a full front porch, the 8’ setback may be measured from the face of the full front porch subject to the following definition; a full front porch shall be at least 6’ in depth and be at least as wide as 60% of any street facing garage elevation on the home with a street facing two car garage. Side & rear load garages are encouraged. Side load garages may be home forward (see city ordinance) if appearance from the street is not of the garage door. Garage sides shall meet street facing element requirements. Rear load garages are exempt from the 8’ setback standard by their nature. Any garage wall on the rear façade of a home that faces another home or a street shall have fenestration on that wall of window and/or door. House width in relation to garage width: Street facing facades of homes shall be balanced that the street elevation of conditioned space shall be no less than 70% width in relationship to the width of a street facing garage that serves the unit. Landscaping; All homes shall have foundation plantings to soften the transition of street & lawn to home, plantings to be non invasive species and sized (at mature growth) to be suitable for the home and lot and Landscape Guidelines. Plantings shall be placed to screen the front and side of the home from the street of service equipment, under porch openings, etc. Trees shall be placed to provide shade/ and or privacy to the front and rear/side of the dwelling. Care should be taken in selection of plants to offer multi-season interest, privacy screening ability. The required plantings for the home shall be used for ‘street dressing’ first, balance, if any, may be distributed around the home. Support of natural food supply for birds, bees and or people is November 25, 2015 p3 encouraged, ie flowering and or fruiting plants. Existing trees and shrubbery should be retained and preserved if possible. Each home’s initial landscape plan shall incorporate at minimum, Single Family: 2 trees, 8 shrubs, & 8-12 perennials Duplex: 4 trees, 10 shrubs, & 8-12 perennial plantings Triplex: 6 trees, 12 shrubs, & 12 perennial plantings Landscape budget for plants purchase (not including installation) alone shall be $1000 or more per dwelling at initial planting. (Phase 1 homes duplex and triplex standards are separate, see city permit) Lawns are to be a conservation low mow mix. Mulch is to match the neighborhood standard. (Brown as of this writing: hemlock, subject to change) Stormwater drainage flow should not be altered. Any change to be reviewed on the site plan of the application and is subject to the projects approved stormwater permit. Definitions: A tree can be described as a plant with a shoot system that’s supported by a single woody trunk of at least three inches in diameter, a crown of foliage and a height of 13 feet when mature. Shrubs differ from trees, they are more inclined to branch nearer the ground and they may have several narrow stems as opposed to a single trunk. The height is generally less than 13 feet and stems less than three inches in diameter. (An exception is granted for Birch Trees to be a multi stem clump) All other trees and shrubs shall meet the definitions. Walkways : A front walk shall connect each home to the street and or common element in lieu of street. Alleys & Lanes shall not be considered to be streets or common elements to meet this standard. The walks shall be constructed of material that may be winter maintainable (shoveled easily) and may be made of; brick, pavers, concrete or stone, etc. Fencing: All street facing fencing shall be white, picket is encouraged. All fence hardware shall be home facing, not street facing. All fencing shall otherwise follow the existing guidelines, and shall not exceed 48”h, 3’6” is deemed standard, shall be located 6” inside of property line or more, etc. See more in Declaration guidelines on fencing. Decks: Shall be constructed of wood or wood composite or wood replacement material that has the look and feel of wood. Decks shall have landscape screening in place around the deck to soften it’s connection to the site and afford privacy to any under-elements. Siding: Shall be of wood, vinyl or cement board material and shall be clapboard of not greater than 4 ½”, or shingles or shakes. Stone and brick siding and veneers are allowed, subject to visual plan review. Roofs; Shall be pitched unless granted an exception by the DR committee. Roofing materials are to be architectural or natural shingle, standing seam composite, or stone in DRC approved earth tone November 25, 2015 p4 coloration. Based on IKO Cambridge series: Harvard Slate, Earthtone Cedar, Dual Black are approved, other colors in keeping with historical coloration design may also be accepted. Lighting: All exterior lighting shall meet or exceed ‘Dark Sky’ Standards, and installations 2015 and later shall be LED. (LED is encouraged in all exterior fixtures) Flag Lot Variance: Flag lot homes shall have the visible portion of the home made attractive from the street. Garages may be sideload, ie: not set back 8’, not visible from the street, or if visible from the street and not set back, be made more attractive by means of at least two (2) accessory elements of small roof, pergola, decorative door style, etc, or be made to appear as an auxiliary building, such as a barn, etc. Additional Guidelines; a. Each home shall feature a neighborhood friendly welcome-integrative front door facing the street of generous stoop, covered landing, or porch, b. No home with same design of street elevation within 3 lots of same design, c. No home regardless of style of identical color within 3 lots of a home of the same color, d. A maximum of three homes with an identical color scheme, e. A maximum of two duplexes of the same color scheme, f. No Duplex of identical design of street elevation side by side. g. Identical Design differentiation shall be further defined to be a change clearly visible to the naked eye from the street, of a fundamental element, ie a change in roof direction, and/or a change to the plane of street facing elevation in number of windows and or doors, joining of windows or separation of windows, to be more distinct than a change in window size, may also be a change in materials, siding to shingle, brick or stone, or other change that is readily apparent, etc. h. Historical colors are encouraged to achieve a cohesive palette. The Benjamin Moore Historical palette shall serve as a reference for color variance selection. All color schemes to receive DRC approval prior to implementation. *The above shall not nullify any pre-existing guidelines of the Declaration, Bylaws or Land Management plan, but shall serve to add clarification to those guidelines already in place. The South Village Design Review Committee reserves the right to add more defined input and directive into design of new homes not yet presented as of this date, and this document may be amended from time to time by addition. November 25, 2015 p5 Review Procedure: Plans shall be submitted to the design review committee for review on a DRC request form and include elevations w detail, site & landscape plans. Upon submission of a request for review, the Design Review Committee shall meet and provide a reply within two weeks’ time on a new build, and/or generate comment that may require additional information to be provided and/or presented. If a plan meets all the above criteria, an approval shall be written. An initial architectural review may be requested for an informal review, that review shall be non-binding. The DRC retains it’s currently adopted 30 day review window for all other applications. Waivers from Standards can be sought, but not necessarily will be given. These standards are adopted and accepted by the South Village DRC Board, effective 7-8-15. These standards are written in accordance with all City Land Development Regulations and City Ordinances, and meets all SVC current City Permit requirements >KdϭϭͲ>KdKsZ'^>ŽƚϭϭƉĂƌĐĞůŶŽ͘ WĂƌĐĞů^ŝǌĞ ƉĂƌĐĞůĂĐ͘ ƵŝůĚŝŶŐŽǀĞƌĂŐĞ й dŽƚĂůŽǀĞƌĂŐĞйϭϭ͘ϭ ϱϯϴϴϯ͘ϳϮ ϭ͘Ϯϯϳ ϭϯϳϮϱ Ϯϱ͘ϱй Ϯϯϭϭϰ͘ϯϮ ϰϮ͘ϵйϭϭ͘Ϯ ϰϴϵϭϳ ϭ͘ϭϮϯ ϭϭϰϳϬ Ϯϯ͘ϰй ϮϬϮϱϱ͘ϬϬ ϰϭ͘ϰйϰϴ ϱϮϬϵϬ͘ϲ ϭ͘ϭϵϲ ϳϲϴ ϭ͘ϱй ϵϮϯϮ͘ϬϬ ϭϳ͘ϳйƚŽƚĂůƌĞĂŽĨŝƐƚƵƌďĂŶĐĞ Ϯϭϭ͕ϯϵϱƐ͘Ĩ͘ ϯ͘ϱϱϲ Ϯϱϵϲϯ͘ϬϬ ϭϲ͘ϴй ϱϮϲϬϭ͘ϯϮϮϵ͘ϰйϳ͘WƌŽũĞĐƚĞƐĐƌŝƉƚŝŽŶŝƚĞŵĚ͘WĂǀŝůůŝŽŶŽŶ>ŽƚϰϴϳϲϴƐ͘Ĩ͘ŽĨZŽĂĚƐŽƵŐůĂƐ>ĂŶĞ ϭϭ͕Ϭϳϱ&ĂƌŵtĂǇ ϴ͕ϲϭϬ^͘&͘ŽĨ,ŽŵĞƐ>Žƚϭϭ͘ϭ ϭϯϳϮϱ>Žƚϭϭ͘Ϯ ϭϭϰϳϬ'ƌĂŶĚƵůĂƌ&ŝůů>ŽƚϭϭĂƌĞĂ^͘&͘ ŐƌĂŶĚƵůĂƌĚĞƉƚŚ;ŝŶĐŚĞƐͿ ϭϬ͘Ϭй dŽƚĂů͘&͘WĂǀĞĚZŽĂĚ ϭϭ͕Ϭϳϱ ϭϴ ϭϲϲϭϮ͘ϱϬ ϭϲϲϭ͘Ϯϱ ϭϴ͕Ϯϳϯ͘ϳϱWĂǀĞĚƌŝǀĞǁĂǇ ϭϳ͕ϯϮϬ ϭϴ ϮϱϵϴϬ͘ϬϬ Ϯϱϵϴ͘ϬϬ Ϯϴ͕ϱϳϴ͘ϬϬ'ƌĂǀĞůZŽĂĚ ϴ͕ϲϭϬ ϭϴ ϭϮϵϭϱ͘ϬϬ ϭϮϵϭ͘ϱϬ ϭϰ͕ϮϬϲ͘ϱϬ^ŝĚĞǁĂůŬ ϰ͕ϲϮϱ ϴ ϯϬϴϯ͘ϯϯ ϯϬϴ͘ϯϯ ϯ͕ϯϵϭ͘ϲϳZĞĐWĂƚŚĂƌŽƵŶĚůŽƚϭϭ ϳ͕Ϭϴϰ ϴ ϰϳϮϮ͘ϲϳ ϰϳϮ͘Ϯϳ ϱ͕ϭϵϰ͘ϵϯZĞĐWĂƚŚƚŽ>Žƚϭϭ ϯ͕ϭϮϬ ϴ ϮϬϴϬ͘ϬϬ ϮϬϴ͘ϬϬ Ϯ͕Ϯϴϴ͘ϬϬdŽƚĂů ϳϭ͕ϵϯϮ͘ϴϱ South Village Community Pavilion Dimensions 24’x 32’ Wood frame ConstrucƟon Architectural Shingle Roof Base: FooƟng Piers Likeness Only '%&%('!$%''# '%&%('!$%')%'#,)' ""$%) &'+&&'%+ )"$$*'#&) Gilman & Briggs Environmental 1 Conti Circle, Suite 5, Barre, VT 05641 Ph: (802) 479-7480; FAX: (802) 476-7018 gbenvironmental@earthlink.net MEMORANDUM To: Robin Jeffers, S.D. Ireland From: Patricia Greene-Swift, Gilman & Briggs Environmental Date: December 3, 2020 Re: South Village Lot 11, Class III Wetland buffer encroachment for stormwater Yesterday, I received and examined the plans for the development of Lot 11 at the corner of North Jefferson and Allen Road, and understand there will be an impact to South Burlington regulated 25 foot buffer around a Class III wetland for a stormwater pond and site grading. The subject Class III Wetland is on the west side of Farmway Road and north of Allen Road, within the South Village community. I am very familiar with this Class II wetland due to having examined it in August of 2018 (plants, soil, hydrology), and also attending a scheduled site visit with VT District Wetlands Program Ecologist, Tina Heath on August 10, 2018. At the time I evaluated the wetland I found it was isolated on the landscape, had no significant wetland functions, included typical old field wetland vegetation, hydrology, and soil, and determined it to be an old field emergent wetland. The on-site wetland determination performed by the Vermont State Wetlands Program Ecologist, Tina Heath, during her site visit, and reported in the “South Village Soccer Fields Wetland Classification Report” (project # 2013-049), also found the subject wetland had no significant functions even though it is slightly over one acre in size. The landscape surrounding the subject wetland is old agricultural field and the South Village farm to the north, Allen Road to the south, Spear Street to the west, and a ditch to the east. Encapsulating these man-made features is upland residential neighborhood on all sides and, located east of the North Jefferson Road residential neighborhood is the Great Marsh, a significant class II wetland. Due to my ongoing wildlife monitoring work for northern harrier, bobcat, American bittern, sedge wren, and mole salamander (over seven years on the South Village parcel) I can say with confidence that the wetland is not significant for wildlife. This wetland was found to have little input of sediment or nutrients, and chemical alteration of toxicants could be a function if toxicants were input, but this was not evident. This function was found to be significant for all the Class Three wetlands on the South Village property in the aggregate, since each individual wetland performed it to a minor degree. Soil mapped in, and adjacent to the subject wetland, is Vergennes Clay 2 to 6 percent slopes. Because the subject wetland is minutely depressional and slopes slightly south/southeast, it offers little stormwater storage, and is not significant for this function. Also, because this wetland has an outlet ditch, its significance for stormwater storage is also lessened. This wetland was also found to not be significant for the function of fisheries, wildlife habitat, hydrophytic vegetation, threatened or endangered species, education or research, recreation or economic benefits, or erosion control. While it is visible from a public way, it does not stand out as a distinct “aesthetic” feature, and therefore, does not have the aesthetics and open space function. The proposed project plans show that the stormwater pond and grading around the subject wetland will not encroach directly into the wetland, but elements of the project will be adjacent to, and within the 25’ South Burlington buffer zone. Under Article 12.02 Section 3 of the South Burlington Land Development Regulations, three criteria are to be considered in deciding whether to grant approval for these encroachments. These are discussed here: (a) The encroachments will not adversely affect the ability of the property to carry or store flood waters adequately The proposed stormwater pond and grading around the subject wetland will not adversely affect this function. The area is not in a flood zone, has no adjacent stream or river to provide input, and precipitation is the main driver of hydrology. While water may occasionally pond in small depressions within the wetland, these depressions and the existing drainage will not be altered. Therefore, any existing storage capacity will not be decreased. (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards. As noted above, the project’s stormwater treatment plan is designed to meet state standards. The wetland is not included in stormwater pond or grading design, and it will remain unaffected, due to proper erosion control measures being put in place prior to construction on site. Any sediments from runoff during construction of the project will also be very minor due to level topography and grasses established in intervening areas, so the natural function of the wetland should be unaffected. (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. If the wetland is maintained in its natural condition, it will continue to perform a very minimal function of surface and groundwater protection. It is always advisable to avoid the use of herbicides or known toxicants in the vicinity of the wetlands. 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: A Wetland Location:Immediately north of Allen Road East Desktop Review Only? Yes No Site Visit Date:8/1/2018 People Present:Tina Heath, Patti Greene-Swift, Robin Jeffers, Patrick O'Brien 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: Wetland is slightly over a half acre in size. Sketch Map of general wetland area (not a delineation): [Mapped wetland #2013-049: South Village Soccer Fields Wetland Classification Report Friday, August 10, 2018 2:01 PM Template Project YEAR-NUM Page 1 delineation): [Mapped wetland in teal, hydric soils in orange, advisory wetlands in green, wetland sketch in light blue, area reviewed in yellow] Photo: Preliminary Classification: Class II Class III Class III justification: Wetland is isolated and managed. 1/3-1/2 of wetland is man-made ditch. 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 this 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 Template Project YEAR-NUM Page 2 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 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 Template Project YEAR-NUM Page 3