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HomeMy WebLinkAboutSD-05-96 - Decision - 1302 1350 Spear StreetCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING AND ZONING SPEAR MEADOWS, LLC — PLANNED UNIT DEVELOPMENT FINAL PLAT APPLICATION #SD-05-96 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 January 17, 2006. Eric Farrell represented the applicant. 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 owners of record of the subject properties are Gary & Jane Farrell, Brent Farrell, Brenda F. Cole, Karen Maklad, and Kevin Farrell. 3. The subject properties are located in the Southeast Quadrant (SEQ) Zoning District. 4. The plans submitted consist of a 29 page set of plans, page two (2) entitled, "Master Site Plan", prepared by Civil Engineering Associates, Inc., dated Nov, 2004, last revised on 12/5/05. Post -its Fax Note 7671 Date pa oes 10. ! J To /gj 1"1 C From Co./Dept. Co. Phone # Phone # Fax # Fax # - 1 - Zoning District & Dimensional Requirements Table 1. Dimensional Requirements SEQ Zoning District Re uired 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% A Max. Overall Coverage 30% 22% A Min. Front Setback 20 ft. 20 ft. A Min. Side Setback 10 ft. 10 ft. Min. Rear Setback 30 ft. 30 ft. Max. Building Hei ht 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 December 21, 2005. 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 January 12, 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 -2- 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. 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, 7th 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; 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 -3- width permissible by the Development Review Board; 5. the NRC should review the plans again prior to final approval. The South Burlington Natural Resource 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. The Board recognizes 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, the Board feels 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 by 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. 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: 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 -5- 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 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 Gayle Quimby, seconded by Matt Birmingham, to approve Final Plat Application #SD-05-96 of Spear Meadows, LLC., 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 n 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. 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- 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. 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 15'h 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. 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. M Mark Behr — ye nay/abstain/not present Matthew Birmingham — Cer)nay/abstain/not present Chuck Bolton — ye nay/abstain of pres n ` John Dinklage — nay/abstain/not pr Roger Farley — e ay/abstain/not present Larry Kupferman — ?enay/abstain/not present Gayle Quimby — ey/abstain/not present Motion carried by a vote of (Q - D - b Signed this // ? day of , �T = 7 , 2006, by John DinkNage, 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). -10-