HomeMy WebLinkAboutMP-05-01 - Decision - 1302 1350 Spear StreetCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING AND ZONING
SPEAR MEADOWS -- FARRELL •- 20 LOT SUBDIVISION
MASTER PLAN APPLICATION #MP-05-01
FINDINGS of FACT AND DECISION
Eric Farrell, hereafter referred to as the applicant, is seeking master plan approval and
preliminary 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 South Burlington Development Review Board held a public hearing on May 3, 2005.
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 master plan approval and preliminary 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.
3. The owner of record of the subject property is Gary N. & Jane G. Farrell, et al.
4. The subject property contains 26.1 acres and is located in the Southeast
Quadrant (SEQ) Zoning District.
5. The plans submitted consist of a 28-page set of plans, page two (2) of which is
entitled "Preliminary Plat of Existing Conditions", prepared by Civil Engineering
Associates, Inc., dated March, 2004, last revised on February 16, 2005.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
SEQ Zoning District
F—Re
Proposed -
�l Min. Lot Size
12,000 SF
15,539 SF
Lot # 71
4 Max. Density
1.2 units/acre
1.19
units/acre
�l Max. Building Covera e
_
150,/Io
6.7%
�l Max. Overall Coverage
30%
22%
�l 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.
zoning compliance
Master Plan Approval:
Pursuant to Section 15.07 of the South Burlington Land Development Regulations, any
development of more than ten (10) dwelling units in the Southeast Quadrant requires a
master Plan approval. The proposed project does involve the development of more than
ten (10) dwelling units in the Southeast Quadrant, so a separate master plan review
shall be performed for the proposed project.
MASTER PLAN CRITERIA
The following information was relied upon in making this decision, pursuant to Section
15.07(C)(3) of the Land Development Regulations:
a. An accurate Master Plan has been submitted.
b. The title block is "Spear Meadows — Spear Street — South Burlington, Vermont."
c. The plans were prepared by Civil Engineering Associates, Inc.; T.J. Boyle
Associates; William D. Countryman; and Fuss and O'Neill.
d. A list of abutters, dated September 3, 2003, was provided with the application.
e. The Master Plan application and the plans referenced in (b) above include the
following information:
i. The combined area of the property subject to the Master Plan is
26.1 acres.
ii. The plan indicates that 20.25 acres (Lots #1-20) are proposed for
development and 5.85 (HOA Lots #1-3) acres are proposed for
open space.
iii. Public amenities and facilities indicated on the plans include public
streets, a public water system, a public sewer system, and a
public recreation path.
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iv. The maximum overall coverage proposed for the property is 22%
(30% permitted). The maximum building coverage proposed for
the entire property is 6.7% (15% permitted).
v. The total number of residential dwelling units proposed by the
applicant for the entire property is 31.
vi. The traffic study prepared by Fuss and O'Neill Engineering
estimates a maximum PM peak hour VTE count of 33.
vii. The sewer line and water line network is depicted on sheet C1.0
of the plans and has been reviewed by the City Engineer and the
Superintendent of South Burlington Water Department.
viii. The roadway, sidewalk, and recreation path details are outlined on
sheets C1.1 though C1.4 of the plans. The plans have been
reviewed by the Director of Public Works.
ix. The sheets contained in the set of plans depict 1' contour
intervals.
x. The boundary surveys for the property are depicted on sheets
51.0 and 51.1 of the plans.
xi. The proposed intersection has been staked in the field and has
been designed to intersect existing driveways and/or undeveloped
lots along Spear Street.
xii. The applicant is requesting the following waivers for the proposed
project:
a) Reduction of the local roadway pavement width from 28' to
24'.
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.
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.
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
shall meet the standards set forth in Section 16.04 of the South Burlington Land
Development Regulations.
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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 30' 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 30' 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 24'
pavement width. According to Table 15-1 of the Land Development Regulations, the
minimum pavement width for a local public street is 28'. In addition, the pavement width of
the proposed cul-de-sac is not in compliance with Figure 15-1 of the Land Development
Regulations, which requires a pavement width of 24'. Both of these pavement widths
should be increased to comply with the Land Development Regulations. The proposed
roadways that cross the wetlands on the property have a pavement width reduced to 24'.
The Board encourages this reduction in pavement width as it will reduce the associated
impacts on the wetlands. The Director of Public Works has stated that the local roadway
pavement width shall be a minimum of 26', with wetland crossings being reduced to 24'.
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, 7" 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.
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 noifh-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 its meeting on April 7, 2005. They recommended approval of the master plan
and preliminary plat plan 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
width permissible by the Development Review Board;
5. the NRC should review the plans again prior to final approval.
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 it
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 is also recognized
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, staff 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. It is
the Board's opinion that this project meets the above -mentioned standard for a single-
family dwelling development.
®pen 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 fall.
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 Fire Chief has reviewed and approved the plans
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 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
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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. However, the applicant did not submit the estimated building cost of
the proposed two-family dwelling units, so staff cannot determine if the minimum
landscaping requirement is being met.
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 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
was
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.
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. 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.
pp.. DECISION //// /�
Motion by l�� �kG �� , seconded by 6i �G `X 1V64 ;raj
to approve Master Plan Application #MP-05-01 of Eric Farrell, subject to the following
conditions:
Master Plan Conditions:
(1) The plans shall be revised, prior to recording of the master plan, to depict
the local public street, in areas that are not crossing wetlands, at a
pavement width of 26'.
(2) The plans shall be revised, prior to recording of the master plan, to depict
the proposed cul-de-sac at a pavement width of 24'.
(3) The plans shall be revised, prior to recording of the master plan, to
indicate that the Vale Drive cul-de-sac will be removed.
(4) The plans shall be revised, prior to recording of the master plan, to depict
at least a 5' wide strip of land between the proposed roadway and
recreation path along the easterly property boundary.
(5) The South Burlington Natural Resource Committee reviewed the plans for
the proposed project at its meeting on April 7, 2005. They recommended
approval of the master plan with the following condition:
a. The road widths at the wetland crossings should be
permitted at the narrowest width permissible by the
Development Review Board.
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(6) The applicant shall obtain approval from the Development Review Board to
develop in the "restricted area" of the subject property, prior to master plan
approval.
(7) The plans shall be revised, prior to recording of the master plan, to
remove the proposed single-family dwelling and duplex units, unless the
applicant intends to have the Development Review Board approve the
specific building footprints shown on the plans. The proposed building
envelopes, however, should be included on the plans.
(8) The title block of sheet C1.0 of the plans shall be revised to reference the
master plan, prior to recording of the master plan.
(9) The plans shall be revised, prior to recording the master plan, to show the
restricted area running north/south along the drainage way and wetlands.
(10) Site plan review only shall be required for the development of lot #19.
(11)The master plan (sheet C1.0) shall be recorded in the land records within
90 days or this approval is null and void. The plan shall be signed by the
Board Chair or Clerk prior to recording.
Preliminary Plat Conditions:
(1) All previous approvals and stipulations shall remain in full effect, except
as amended herein.
(2) Prior to submittal of the final plat application, the plans shall be revised to
show the following:
a. The plans should be revised to include information, on a lot
by lot basis, on the maximum height limit for each lot that
falls within the Dorset Park Scenic View Overlay District.
b. The plans shall be revised to comply with the requests of
the South Burlington Water Department, in his letter dated
April 29, 2005.
c. The plans shall be revised to comply with the requests of
the City Engineer as outlined in his memorandum dated
April 28, 2005.
d. The plans shall be revised to comply with the requests of
the South Burlington Fire Department as outlined in a letter
from the Fire Chief dated October 31, 2003.
e. Sheet C1.5 shall be revised to provide a gravel access
drive to sewer manhole #8.
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f. The plans shall be revised to remove the proposed
buildings on lot #19.
g. The plans shall be revised to show a southbound left turn
lane at the project entrance on Spear Street.
(3) The applicant shall comply with the requests of the South Burlington
Water Department, as outlined in the letter from Jay Nadeau, dated April
29, 2005.
(4) The applicant shall comply with the requests of the City Engineer, as
outlined in his memorandum dated April 28, 2005.
(5) The applicant shall comply with the requests of the South Burlington Fire
Department, as outlined in the letter from Chief Douglas Brent, dated
October 31, 2003 (attached).
(6) The applicant shall comply with the requests of The South Burlington
Natural Resource Committee who reviewed the plans for the proposed
project at its meeting on April 7, 2005. They recommended approval of
the preliminary plat plan with the following conditions:
a. there should be no application of pesticides within the wetlands or
their 50' wide buffers;
b. there should be no mowing within the wetlands or their 50' wide
buffers;
c. the natural vegetation should be retained within the wetlands and
their 50' wide buffers;
d. the NRC should review the plans again prior to final approval.
(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) Pursuant to Section 15.13(E) of the South Burlington Land Development
Regulations, any new utility lines shall be underground.
(9) The applicant shall submit, with the final plat application, the estimated
building cost of the two-family dwelling units, so that the minimum
landscaping requirement can be determined.
(10) The landscaping plans shall be reviewed by the City Arborist, prior to
final plat approval.
(11) The final plat application shall include proposed street names approved
by the Planning Commission.
(12) The final plat application shall include street address in accordance with
E-911 addressing standards.
(13) Pursuant to Section 15.18(B)(6) of the Land Development Regulations,
the final plat submittal shall include an open space management plan.
(14) The applicant shall submit a final plat application within 12 months of the
date of this approval.
Mark Behr — re
Chuck Bolton y
Mark Boucher —(
John Dinklage �(
Roger Farley —
Larry Kupferman
Gayle Quimby —(
/abstain/not present
iay/abstain/not present
'nay/abstain/not present
►nay/abstain/not present
rav/abstain/not present
nay/abstain/not present
'nay/abstain/not present
Motion carried by a vote of q- D - 5
Signed this � day of May 2005, by
Y� J
John Dinklage, 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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