HomeMy WebLinkAboutSD-06-63 - Decision - 1302 1350 Spear Street#SD-06-63
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SPEAR MEADOWS, INC. — PLANNED UNIT DEVELOPMENT
1302-1350 SPEAR STREET
FINAL PLAT APPLICATION #SD-06-63
FINDINGS OF FACT AND DECISION
Eric Farrell, hereafter referred to as the applicant, is seeking final plat approval for a
planned unit development to subdivide 26.1 acres developed with two (2) single family
dwellings into: 1) 17 single family lots, and 2) a 3.34 acre lot to be developed with six (6)
two (2) family dwellings, 1302-1350 Spear Street. The Development Review Board held
a public hearing on August 15, 2006. The applicant was present at the meeting.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking final plat approval for a planned unit development to
subdivide 26.1 acres developed with two (2) single family dwellings into: 1) 17
single family lots, and 2) a 3.34 acre lot to be developed with six (6) two (2)
family dwellings, 1302-1350 Spear Street.
2. The Development Review Board reviewed the initial sketch plans for the
proposed project at the meeting on April 20, 2004. The Master Plan and was
granted on May 5, 2005 and the final plat plan was granted on January 17, 2006.
3. The final plat approval has since expired and so the applicant seeking re -
approval for the same plan with no changes.
4. The subject property is located in the Southeast Quadrant Zoning District.
5. The plans submitted consist of a 33 page set of plans, page two (2) entitled,
"Spear Meadows Spear Street South Burlington Vermont Master Plan", prepared
by Civil Engineering Associates, Inc., dated Nov. 2004, last revised on 3/13/06.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
SEQ Zoning District
Required
Proposed
Min. Lot Size
12,000 SF
15,539 SF
(Lot # 7)
Max. Density
1.2 units/acre
1.19 units/acre
Max. Building Coverage
15%
6.7%
Max. Overall Coverage
30%
22%
Min. Front Setback
20 ft.
20 ft.
Min. Side Setback
10 ft.
10 ft.
Min. Rear Setback
30 ft.
30 ft.
Max. Building Height
40 ft.
<40 ft.
4 zoning compliance
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
According to Section 15.13 of the South Burlington Land Development Regulations, the
existing public water system shall be extended so as to provide the necessary quantity of
water, at acceptable pressure.
The South Burlington Water Department has reviewed the plans and comments are
available from Jay Nadeau in a letter dated August 10, 2006.
According to Section 15.13 of the South Burlington Land Development Regulations, the
subdivider or developer shall connect to the public sewer system or provide a community
wastewater system approved by the City and the State in any subdivision where off -lot
wastewater is proposed.
City Engineer Bill Szymanski has reviewed the plans and comments are available in a
memorandum dated August 10, 2006.
Sufficient grading and erosion controls will be utilized during and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions
on the subject property and adjacent properties.
The proposed project shall adhere to standards for erosion control as set forth in Section
16.03 of the South Burlington Land Development Regulations. In addition, the grading plan
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shall meet the standards set forth in Section 16.04 of the South Burlington Land
Development Regulations.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to this property is proposed via a 28' wide public street in a 60' wide right-of-way off
of Spear Street. As the proposed street will be connected to the neighborhood to the
southeast of the subject property, it will be classified as a collector road. Pursuant to Table
15-1 of the Land Development Regulations, a collector road shall have a minimum
pavement width of 28' and a minimum right-of-way width of 60'. The proposed public street
connecting the proposed collector street to the cul-de-sac in the southwest portion of the
property will be a local public street. The plans show a 50' wide right-of-way and a 26'
pavement width.
The plans do not reflect a pavement width reduction to 24 feet when crossing a wetland.
The applicant opposes this pavement reduction for engineering reasons. The applicant will
have his engineer at the meeting to explain the reasons why.
Circulation throughout the proposed development is sufficient. The proposed roadway
connects to the neighborhood to the southeast of the subject property to promote
connectivity. In addition, a 60' wide right-of-way is proposed to the property to the north of
the subject property to facilitate a future connection.
According to the ITE, 71h Edition, 19 single-family dwellings are estimated to add 19.19 P.M
peak hour trip ends to adjacent street traffic and 12 duplex units are estimated to add 6.24
P.M peak hour trip ends to adjacent street traffic, for a total of 25.43 vtes during the P.M.
peak hour. This development is off of Spear Street, so it is important that the additional
traffic created by it is managed properly. The applicant submitted a traffic impact study
prepared by Fuss and O'Neill Associates, which indicates that the proposed project is
estimated to generate 33 P.M. peak -hour vehicle trip ends. Fuss and O'Neill is also the
traffic engineering firm that produced the Spear Street Corridor Study, so its
recommendation should conform to those outlined in the applicant's traffic impact study. A
left turn lane is shown on Spear Street at the project's entrance.
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.
The subject property contains a string of wetlands running north -south. The plans clearly
depict the required 50 ft. buffer between the wetland areas and the lots being proposed.
Thus, there are no problems with regard to the creation of the proposed lots and the
existing wetlands. However, the proposed roadways will cross the wetlands on the
northern and southern side of the property.
The South Burlington Natural Resource Committee reviewed the plans for the proposed
project at their meeting on April 7, 2005.. They recommended approval with the following
conditions:
1. there should be no application of pesticides within the wetlands or their 50' wide
buffers;
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2. there should be no mowing within the wetlands or their 50' wide buffers;
3. the natural vegetation should be retained within the wetlands and their 50' wide
buffers;
4. the road widths at the wetland crossings should be permitted at the narrowest
width permissible by the Development Review Board;
5. the NRC should review the plans again prior to final approval.
The South Burlington Natural Rescource Committee met a second time to discuss this
project on January 5, 2006. The committee recommended no additional conditions.
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 outlined in Section 9.01 of the South Burlington Land
Development Regulations. It states that "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 the area shall be encouraged." This purpose would be better
promoted if the proposed buildings were more clustered. However, it also recongnized that
it is very difficult to cluster single-family dwellings in a manner that maintains the privacy of
owners. As there is a housing demand for single-family dwellings, it is important to see
some of this housing type developed in the City. The wetlands restrict development on a
significant strip of land running adjacent to Spear Street, and this open space serves as a
nice buffer between the roadway and the proposed development. This project meets the
above -mentioned standard for a single-family dwelling development.
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.
The wetland area running north -south along the property forms a significant strip of open
space. This is the ideal location for the open space on the property to be located.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee)
to ensure that adequate fire protection can be provided.
The South Burlington Fire Chief has reviewed the plans and finds them to be acceptable as
noted in his letter dated January 13, 2006. He asks that the applicant abide to the
comments in his letter dated October 31, 2003.
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 landowners.
As mentioned above, the proposed roadway will be extended to the property to the
southeast. A right-of-way is proposed to extend to the property to the north, providing a
future connection. Thus, the subject property will be connected to both of the adjacent
neighborhoods. Also, a 10' wide recreation path is proposed to connect the recreation
easement to the southeast of the property and to the property to the north.
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The Recreation Path Committee reviewed the plans at its meeting on December 1, 2003.
They approved the proposed recreation path along the easterly boundary of the project
discussed above. In their letter dated December 2, 2003, they request that the proposed
sidewalk running along the northerly side of the proposed street connecting the
development to Spear Street be replaced with a 10' wide recreation path, which is
consistent with the Official City Map.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The design and layout of these services and infrastructure are compatible with the City's
utility and roadway plans.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed subdivision of this property is in conformance with the South Burlington
Comprehensive Plan.
Landscaping.
According to Section 13.06(F)(3) of the South Burlington Land Development Regulations
the Development Review Board shall require street trees to be planted sixty feet on center
on both sides of the street, on average and there should be a minimum of two (2) street
trees per lot. The applicant submitted an adequately prepared landscaping plan for both
the street trees and the site landscaping. In addition, an adequately prepared landscape
budget was submitted. The street trees have a value of $38,640 and the site landscaping
has a value of $68,605. The applicant does not need to submit the estimated building costs
for the two-family buildings for determination of the minimum landscaping requirement at
this time as no buildings are being proposed with this application.
The City Arborist has reviewed the plans and made comments in a memorandum dated
January 3, 2006.
Lot Layout.
According to Section 15.10 of the South Burlington Land Development Regulations, a
minimum width to length ratio of one to five (1:5) shall be used as a guideline by the
Development Review Board in evaluating lot proportions. Square or roughly square lots
shall not be approved. The lots depicted on the plans are in compliance with this
requirement.
Dorset Park Scenic View Protection Zone D
The southwest portion of the subject property falls within the Dorset Park Scenic View
Protection Zone D. Any development on the lots that fall within the zone are subject to
the following standards:
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(a) No part of any structure within Zone D of the Dorset Park Scenic View Protection
Zone shall exceed an elevation of 441 feet above sea level minus 2.0 feet for each 1000
feet that said part of said structure is horizontally distant from the Dorset Park View
Protection Zone West Base Line shown on the above referenced Scenic View Protection
Overlay District Map, or 3 feet above any grade existing on the date of passage of these
regulations, whichever height is higher.
(b) Landscaping and other vegetation located within Zone D of the Dorset Park Scenic
View Protection Zone shall be maintained so that it does not exceed an elevation of 441
feet above mean sea level minus 2.0 feet for each 1000 feet that said landscaping or
vegetation is horizontally distant from the Dorset Park Scenic View Protection Zone
West Base Line shown on the above referenced Scenic View Protection Overlay District
Map, or 3 feet above any grade existing on the date of passage of these regulations,
whichever height is higher.
The plans depict that a portion of lot #19 falls in the Scenic View Protection District D
and indicates the height limit to be 36.6 feet above the average pre -construction grade.
SEQ Restricted Area
Lots #1-3 and #20 of the subject property fall within a Southeast Quadrant "restricted area".
Currently, single-family dwellings exist on Lots #1 and #20 (the house on lot #1 is proposed
to be demolished). However, Lots # 2 and #3 are undeveloped. Pursuant to Section
9.08(B) of the Land Development Regulations, the Development Review Board may allow
development activities to occur in the "restricted areas" provided the Development Review
Board determines that such development activities are consistent with the intent and
purpose of the Southeast Quadrant, which is outlined in Section 9.01 of the Land
Development Regulations.
The applicant is requesting approval to develop lots #2 and #3 which lie in a "restricted
area". It is the Board's position that allowing the reconstruction of a house on lot #1 and the
development activities proposed for lots #2 & 3 will be in keeping with the intent and
purpose of the Southeast Quadrant. Furthermore, the Land Development Regulations are
about to be amended to eliminate the restricted area designation.
Street Lights
The applicant is proposing street lights along both streets. The fixtures are downcasting
shielded fixtures mounted on 16 foot poles with 150 watt metal halide lamps.
Other
The applicant has submitted enhanced 9-1-1 numbers which have been approved by the
Enhanced 9-1-1 Coordinator. Willow Tree Lane was the street name approved by the
Planning Commission on December 20, 2005, which will serve the multi -family units.
The main road through the development will be called Vale Drive.
The project also includes boundary adjustments with two (2) properties to the south.
Fencing is proposed around the stormwater management ponds. The details of this
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fencing shall be submitted prior to recording the final plat plan. This fence should be
similar to the fencing used at the Heatherfields project on Dorset Street.
// DECISION ��
Motion by V �(1M , seconded by ��(��r1 �y4TN" to
approve Final PI t Application #SD-06-63 of Eric Farrell, subject to the following
conditions:
1) All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2) This project shall be completed as shown on the plat submitted by the applicant, and
on file in the South Burlington Department of Planning and Zoning.
3) The plans shall be revised to show the changes below and shall require approval of
the Administrative Officer. Four (4) copies of the approved, revised plans shall be
submitted to the Administrative Officer prior to recording:
a) The plans shall be revised to comply with the requests of the South Burlington
Water Department, as outlined in the letter from Jay Nadeau, dated December 21,
2005.
b) The plans shall be revised to comply with the requests of the City Engineer as
outlined in his memorandum dated January 12, 2006 or as agreed upon by the City
Engineer subsequent to this decision.
c) The plans shall be revised to comply with the requests of the South Burlington Fire
Chief as outlined in his letters dated January 13, 2006 and October 31, 2003.
d) The plans shall be revised to comply with the requests of the City Arborist as
outlined in a memorandum dated January 3, 2006.
e) The final plat plans shall be revised to show street names and enhanced 9-1-1
numbers.
f) The final plat plans shall be revised to include details of the fencing around the
stormwater management ponds.
g) The landscaping plans shall be revised to show screening plantings on the
property located at 1317 Spear Street as mutually agreed upon by the applicant
and the St. Clair Group, Inc.
4) The applicant shall comply with the requests of the City Engineer as outlined in his
memorandum dated January 12, 2006.
5) The applicant shall comply with the requests of the South Burlington Fire Chief as
outlined in his letters dated January 13, 2006 and October 31, 2003.
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6) The applicant shall comply with the requests of the South Burlington Water Department,
as outlined in the letter from Jay Nadeau, dated December 21, 2005.
7) The proposed project shall adhere to standards for erosion control as set forth in
Section 16.03 of the South Burlington Land Development Regulations. In addition, the
grading plan shall meet the standards set forth in Section 16.04 of the South Burlington
Land Development Regulations.
8) The South Burlington Natural Resource Committee reviewed the plans for the proposed
project at their meetings on April 7, 2005 and January 5, 2006. They recommended
approval with the following conditions:
a) there shall be no application of pesticides within the wetlands or their 50' wide
buffers;
b) there shall be no mowing within the wetlands or their 50' wide buffers;
c) the natural vegetation shall be retained within the wetlands and their 50' wide
buffers;
AND
d) the road widths at the wetland crossings shall be permitted at the narrowest
width permissible by the Development Review Board.
9) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
10) Pursuant to Section 15.17 of the South Burlington Land Development Regulations, the
applicant shall submit 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, prior to recording the final plat plans.
11) The screening of any utility cabinets shall be approved by the South Burlington
Development Review Board as an amendment to the final plat.
12) Prior to street acceptance by the City, the applicant shall install all reference
monuments required under Section 15.14(B) of the Land Development Regulations.
13) The applicant shall post a $38,640 landscape bond for street trees prior to the start of
road construction and a $68,605 landscape bond for the remainder of the landscaping
prior to the issuance of the first zoning permit. These bonds shall remain in effect for
three (3) years to assure that the landscaping has taken root and has a good chance of
surviving.
14) Pursuant to Section 9.08(B) of the South Burlington Land Development Regulations,
the South Burlington Development Review Board will allow lots #1-3 in the "restricted
areas". The Development Review Board finds such development to be consistent
with the intent and purpose of the Southeast Quadrant Zoning District.
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15) Pursuant to Section 15.17 of the South Burlington Land Development Regulations,
prior to issuance of the first zoning permit or start of utility or road construction, the
applicant shall submit all appropriate legal documents including easements (e.g.
irrevocable offer of dedication and warranty deed for proposed public roads, utility,
sewer, drainage, water, and recreation paths, etc.) to the City Attorney for approval
and recorded in the South Burlington Land Records.
16) Pursuant to Section 15.17 of the South Burlington Land Development Regulations, the
applicant shall submit 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, prior to recording the final plat plans.
17) Prior to start of construction of the improvements described in condition # 15 above, the
applicant shall post a bond which covers the cost of said improvements.
18) Pursuant to Section 15.08(D) of the South Burlington Land Development Regulations,
the applicant shall submit homeowner's association legal documents prior to the
issuance of the first zoning permit. The documents that include language that:
a) prohibits clearing or disturbance of land within wetlands or wetland buffers;
AND
b) ensures that the association shall assume all maintenance responsibilities for the
stormwater drainage facilities until such time as a the South Burlington Stormwater
Services Department accepts the stormwater infrastructure.
19) Pursuant to Section 15.14(E)(2) of the South Burlington Land Development
Regulations, within 14 days of the completion of said improvements (e.g. roads, water
mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City
Engineer, "as -built" construction drawings certified by a licensed engineer.
20) Within six (6) months from the date of the issuance of the first zoning permit for a new
residence, the new Vale Drive shall be passable to the existing portion of Vale Drive.
21) Installation of screening plantings on 1317 Spear Street shall be completed as soon as
practically possible after commencement of construction of the entrance road at Spear
Street but no later than September 15th of the initial construction year unless mutually
agreed between the parties.
22) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
23) The final plat plan (sheets C1.0 & S1.1) shall be recorded in the land records within
180 days or this approval is null and void. The plan shall be signed by the Board
Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant
shall submit a copy of the survey plat in digital format. The format of the digital
information shall require approval of the Director of Planning and Zoning.
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24) In the process of reconstructing the cul-de-sac at the end of the current Vale Drive,
the applicant shall construct traffic calming measures acceptable to the South
Burlington Public Works Director and the South Burlington Fire Department.
Mark Behr — �9�/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain of present
Chuck Bolton — e /nay/abstain/not present
John Dinklage — e /nay/abstain/not present
Roger Farley — yea/nay/abstain/ of present
Gayle Quimby —&nay/abstain/not present
Motion carried by a vote of �L- v - v
Signed this day of 2006, by
John Din lage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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