HomeMy WebLinkAboutSD-17-14 - Decision - 1302 1340 1350 Spear Street#SD-17-14
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
THE SNYDER GROUP, INC.-1302, 1340 & 1350 SPEAR STREET
FINAL PLAT APPLICATION #SD-17-14
FINDINGS OF FACT AND DECISION
Final plat application #SD-17-14 of The Snyder Group, Inc. for a planned unit development on 25.93
acres developed with two (2) single family dwellings. The project consists of: 1) razing one (1) single
family dwelling, 2) constructing 18 single family dwellings, 3) constructing three (3) 3-unit multi -family
dwellings, and 4) constructing ten (10) 2-family dwellings, 1302, 1340, & 1350 Spear Street.
The Development Review Board held a public hearing on June 20, 2017. The applicant was represented
by Chris Snyder and Andy Rowe.
Based on the plans and 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, The Snyder Group, Inc., seeks final plat approval for a planned unit development on
26.15 acres developed with two (2) single family dwellings. The project consists of: 1) razing one (1)
single family dwelling, 2) constructing 18 single family dwellings, 3) constructing three (3) 3-unit
multi -family dwellings, and 4) constructing ten (10) 2-family dwellings, 1302, 1340, & 1350 Spear
Street.
2. The owner of record of the subject property is Spear Meadows, Inc.
3. The subject property is located in the Southeast Quadrant Neighborhood Residential Zoning District.
4. The application was received on April 27, 2017.
5. The plan set consists of 18 pages with the first page labeled "Spear Meadows A Residential Planned
Unit Development Spear Street & Vale Drive South Burlington Overall Site Plan," dated June 6, 2016,
and prepared by Lamoureux & Dickinson Consulting Engineers, Inc.
A) DENSITY & TRANSFER OF DEVELOPMENT RIGHTS
The South Burlington Land Development Regulations (LDR) for the SEQ-NR district allow a maximum base
density of 1.2 units per acre and a maximum density of four (4) units per acre with a Transfer of
Development Rights (TDR). With a TDR, the combined parcels allow for a maximum density of 103 units
(25.93 acres x 4=103.7 rounded down to the nearest whole unit), and without a TDR, thirty-one units
(25.93 acres x 1.2 units/acre=31.12). The applicant proposes 48 units (one existing single family and 47
new units). This density is allowed with a TDR in 17 units (31 units from base density + 17 TDR units =
48 total).
#SD-17-14
The applicant submitted a document entitled "Second Extension and Amendment of Option Agreement"
to confirm that he has secured development rights in 25 units that will be transferred to this project,
which is eight (8) more units than necessary.
The Board finds that the density of the proposed project is within the allowable maximum of 103 units
for the 2_.= acre parcel.
The project involves three (3) existing parcels that will be merged then resubdivided into seven (7) lots.
Footprint lots are proposed for 47 dwelling units (single family houses, duplexes, and triplexes) and the
metes and bounds are noted in the plans.
B) PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with
the following standards and conditions:
(A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of
the project.
The applicant is proposing to provide water via an easement over land owned by the University of Vermont
to the north of the project. The Board finds this acceptable and requires documentation of the easement as
a condition of this decision.
The Board notes that a condition of the Board's preliminary approval required the applicant to remove from
the plans the water line easement over the University of Vermont's property north of the property, as the
University had not yet agreed to the easement. Since the University now agrees to this easement, the
Board finds that the Preliminary Plat condition is no longer required.
Director of Public Works Justin Rabidoux indicated via email on June 13, 2017 that the plans submitted have
captured all past comments from the Department of Public Works, and that no new comments are
necessary.
The Board finds this criterion to be met.
(A)(2) 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.
(A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads.
As part of the preliminary plat application, the applicant submitted a Traffic Impact Study. The application
materials predict the project will generate 52 P.M. Peak Hour trip ends. A condition of preliminary approval
required the addition of a left turn lane on Spear Street southbound. The project meets this condition with
the addition of the required left turn lane on Sheet 16 of the plans.
The applicant is hereby reminded that all pavement markings have to be Type 1 Permanent Markings and
must be approved by the Department of Public Works prior to installation.
#SD-17-14
The Board finds that this criterion is met.
(A)(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.
Other than a roadway and crossing to the future City Park, development activities avoid the Class II
wetlands.
The wetland buffer boundary is proposed to be marked by boulders, a split rail fence, shrubs and/or trees,
as indicated on Plan Sheet 8. The applicant proposes signage near the wetlands to educate residents about
the on -site habitat and sensitive areas, and the role of the wetlands in the health of the community and
property.
The Board finds this proposal to provide sufficient separation and protection for those areas after residents
move in to the development. At the Final Plat hearing, the applicant indicated that they also will install
boulders along the western boundary of the wetland buffer in the proposed park area. The Board supports
this adjustment.
The Board finds the wetland and stream impacts indicated on the plans to be permissible and the
delineation to be sufficient with the condition that boulders shall be installed along the western boundary
of the wetland buffer in the planned city open space / park area.
(A)(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 project is located in the City's Southeast Quadrant (SEQ) Land Use Planning Area and within the Lower
Intensity -Principally Residential Future Land Use category of the 2016 Comprehensive Plan.
The SEQ Land Use Planning Area indicates that "there has been a strong interest in building neighborhoods
at higher densities in order to conserve more of the SEQ's priority open space lands" (p 3-32).
The Lower Intensity -Principally Residential future land use category is described as follows: "Fostering a
strong sense of neighborhood, these areas are primarily residential in use, with number of units and size of
building to be among the lowest in the City. Open space are accessible and thoughtfully arranged as
community gathering places, and roadways should largely be limited to local traffic with low volumes. While
residential dwellings need not all be detached, the general character and appearance is that of a single
family neighborhood. Building heights reflect this character. Small lots and small building are encouraged....'
P. 3-6.
This project fulfills these goals by including a TDR to focus development in this intended location while
conserving open space elsewhere in the SEQ. In addition, the project provides a variety of housing types,
including single-family, duplex, triplex development.
The planned development pattern for properties to the north and the west (in part) of the proposed project
are within the same future land use category and land use planning area as the subject area.
#SD-17-14
The Board finds that the proposed development is visually compatible with the planned development
patterns in the area, as specified in the Purpose of the SEQ District and in the City's Comprehensive Plan.
(A)(6) Open space areas an 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 project's layout includes open space in the southwestern portion of the property as well as around the
wetland in the southern portion of the site. A buffer around a stream bed which traverses the project site is
also provided. The open space abuts open space in the neighboring developments on Pinnacle Drive and
Vale Drive. This results in approximately 20 acres of connected, undeveloped space. The Board finds this
criterion met.
(A)(7) 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.
Comments were submitted by the Fire Chief during earlier stages of review. The Board finds this criterion
met.
(A)(8) Roads, recreation paths, storm water 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.
Both the ten (10)- foot paved path along the eastern border of the property and the sidewalk on the eastern
side of the proposed Vale Drive extension will connect to the existing sidewalk system on Vale Drive. Street
'A' goes to the property line thus making extension to the south possible if the abutting lot is redeveloped.
The proposed Vale Drive extension goes to the property line thus making extension to the north possible if
that property is developed.
The final plat plans include a sidewalk along a portion of the western side of Vale Drive. At the Final Plat
hearing, the Board indicated that the small number of housing units in that location does not warrant a
sidewalk beyond the minimum standards of the Regulations.
Vale Drive will be extended to the northern property line and similarly Street 'A' will be built to the southern
property line. The Board finds it possible that the properties abutting Street 'A' and the northern portion of
Vale Drive could be developed in the future and that these two (2) streets could be part of an
interconnected road network eventually conveyed to and maintained by the City. Therefore the streets
must be built to City standards.
The Board finds this criterion is met with the condition that the sidewalk on the western side of Vale Drive
must be removed from the plans.
(A)(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. For Transect Zone subdivisions, this standard shall only apply to the location and type
of roads, recreation paths, and sidewalks.
4
#SD-17-14
The applicant proposes to construct the street network in two (2) phases. The estimated cost to
construct phase I, including street trees, is $705,350 and for phase II is $910,800.
These cost estimates have been accepted by the Director of Public Works.
The project meets this criterion.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
In addition to the discussion above regarding the project's visual compatibility with the planned
development patterns of the SEQ Zoning District, the Board finds the project to be consistent with the
goals and objectives of this District since it will have a greater density of housing through the use of a
TDR. In addition, this greater density, combined with the variety of housing styles (single-family, duplex,
and triplex) may create more affordable housing options. The Comprehensive Plan recognizes, and
proposes actions to address, the shortage of affordable housing in the community. The Board finds the
project meets this criterion.
C) SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD requires
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 Proposed Development to the City of South Burlington Comprehensive Plan.
Due attention by the applicant should be given to the goals and objectives and the stated land use
policies for the City of South Burlington as set forth in the Comprehensive Plan.
As discussed above, the Board concludes that the project meets this criterion.
B. Relationship of Proposed Structures to the Site.
(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.
The Board finds the proposed pedestrian amenities will promote safe pedestrian movement. The
project also provides adequate parking for residents and their guests in garages and driveways.
Additionally there are four (4) proposed parking spaces on Vale Drive by the gravel path leading to the
open space area.
The Board finds that the cedar hedges planned between houses and the sidewalk connecting the ten
(10)- foot paved path along the easterly border of the property with the sidewalk on the eastern side of
Vale Drive will provide some privacy for residents and a transition from the public area (paths and
sidewalks) to the private area (dwelling units).
The landscaping plan describes the requirements established by the applicant for "foundation
plantings," including a "minimum of 18 deciduous shrubs and 12 evergreen shrubs shall be planted for
each dwelling unit. The cumulative number of plantings for a building containing multiple dwelling units
5
#SD-17-14
may be apportioned around the perimeter of the building based upon the location of the windows,
porches, decks, retaining walls, and other site conditions." Applicant proposes that foundation plantings
shall be selected from a list of options included on the landscaping plan. Renderings of typical
foundation plantings around a single-family home have been provided for the Board's review.
The Board finds that this criterion is met.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing
a public street shall be considered a front side of a building for the purposes of this
subsection.
(b) The Development Review Board may approve parking between a public street and
one or more buildings if the Board finds that one or more of the following criteria are
met. The Board shall approve only the minimum necessary to overcome the conditions
below.
(i) ...
(ii) The parking area will serve a single or two-family home;
ON - NO...
Each dwelling unit will have a garage. Parking is planned in driveways, garages, and along both a portion
of Spear Meadow Road and the extension of Vale Drive. The triplexes will be accessed from a private
driveway at the rear of the buildings and therefore the garages and parking will also be in the rear.
Some of the duplexes are proposed to have a garage vehicle entrance that is perpendicular to the street
and the Board finds this to be positive. The single-family houses lining the easterly side of Vale Drive
could be good candidates for a rear garage entrance except that the proximity to the paved path along
that property line makes the idea unappealing to the Board. Rear alleyways with garages also are not
ideal for other houses on the property, because many of the houses are close to either wetland buffers
or stormwater ponds. The Board finds this criterion is met.
(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 anticipated
adjoining buildings.
The proposed housing will have two (2) stories and no waivers are sought for height. The Board finds this
criterion met.
(4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansion shall, to the extent feasible, be underground.
New utility services are planned to be installed underground. However, Green Mountain Power has not yet
informed applicant of the location of transformer cabinets, so they are not shown on the plans. Revised plans
must be submitted to show the location of utility cabinets, once their location is known.
The Board finds this criterion to be met.
C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common
materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing),
#SD-17-14
landscaping, buffers, screens and visual interruptions to create attractive transitions
between buildings of different architectural styles.
The transitions between structures are primarily dictated by the Home Design Guidelines prepared and
proposed by the applicant. Among other items, the Guidelines indicate that buildings "should include
common elements to appear unified, but facades should be varied from one building to the next to
avoid monotony." The Guidelines state that front porches, stoops, and balconies which are oriented to
the street are encouraged, but are not required.
The Guidelines further state that identical home models cannot be placed next to or across the street
from one another. To be considered sufficiently different, a model "must change any two of the five
variables," which include "mirroring the plan, changing the color scheme, revising the placement or
orientation of the garage, changing the palate of materials or modifying the roof lines." The Board
concludes that these changes will result in attractive transitions between buildings and avoid monotony
within the development.
The Board finds these criteria are met and requires that single -and two family homes in the proposed
development shall comply with the Home Design Guidelines as submitted.
(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.
The proposed houses will have facades oriented towards the street and sidewalks, which is in keeping
with the nearby neighborhoods on Vale Drive and Pinnacle Drive. The Board finds that the duplex units
closest to Spear Street (units #46 & #47) will represent a change in style and form from the existing
houses on Spear Street, which are single family and many of which are set back further from the road.
The Home Design Guidelines prepared by the applicant require any units facing two (2) streets to
include architectural and site elements that address both front facades. The applicant submitted
elevations of this building as viewed from both Spear Street and Spear Meadow Road indicating that
both facades will appear to be the "front" of the house.
The Board finds this criterion is met.
In addition to the above general review standards, site plan applications shall meet the following specific
standards as set forth in Section 14.07 of the Land Development Regulations:
1. Access to Abutting Properties. The reservation of land maybe required on any lot for provision of
access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto
an arterial or collector street, to provide additional access for emergency or other purposes, or to
improve general access and circulation in the area.
The Board does not consider the reservation of land to be necessary except that the irrevocable offers of
dedication for the northern end of Vale Drive and southern end of Street 'A' must extend to the property
line.
#SD-17-14
2. 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 Land Development Regulations, any new utility lines, services, and
service modifications must be underground. All utilities are proposed to be underground.
This criterion is met.
3. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance
with any recycling 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).
The application proposes that residents will store household waste within the units and the attached
garages. This proposal is acceptable and complies with this criterion.
5. Landscaping and Screening Requirements. (See Article 13, Section 13.06)
Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be
required for all uses subject to planned unit development review. The total cost of the project is estimated
at $9,950,000 by the applicant. The minimum landscaping budget, as shown below, is $107,000 and the
applicant has proposed a budget of $108,050.
Total Building Construction or
Building Improvement Cost
% of Total Construction/
Improvement Cost
Cost of proposed project
$0 - $250,000
3%
$7,500
Next $250,000
2%
$5,000
Additional over $500,000
1%
$94,500
Minimum Landscaping $
$107,000
The applicant will construct the project in two (2) phases. Phase I will include $41,700 and phase II will
include $66,350 worth of landscaping.
Pursuant to Section 13.06(B) of the Land Development Regulations, the applicant has described snow
storage locations on Sheet 2. The Board finds these criteria met.
D. SOUTHEAST QUADRANT
This proposed subdivision is located in the Southeast Quadrant Zoning District. Therefore, it is subject
to the provisions of Section 9 of the SBLDR.
9.06 Dimensional and Design Requirements Applicable to All Sub -Districts. The following standards
shall apply to development and improvements within the entire SEQ:
A. Height.
(1) The maximum height of any occupied structure in the SEQ-NRP, SEQ-NRT, or SEQ-NR sub-
district shall not exceed forty-five feet (45'); the waiver provisions of Section 3.07(E) shall
not apply to occupied structures in these sub -districts.
(2) The maximum height of any occupied structure in the SEQ-VR or SEQ-VC sub -district shall
#SD-17-14
not exceed fifty feet (50'); the waiver provisions of Section 3.07(E) shall not apply to
occupied structures in these sub -districts.
The applicant indicates that the proposed buildings will not exceed 28 feet in height. The Board finds this
criterion is met.
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
This topic has been covered already in these comments. The Board finds that this project meets this
criterion.
(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.
This topic has been covered already in these comments. The Board finds this project meets these criteria.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing management
shall be established by the applicant.
The applicant proposes to convey the parcel denoted as Lot #52 on the site plan, which is 6.8 acres, to the
City for use as public open space that may be developed into a park to meet the active and passive
recreational needs of South Burlington's residents. If the City accepts that parcel for use as public open
space then the City will be responsible for its management.
The land around each home, beyond the footprint lot lines, will be owned and maintained by the
development's homeowner association, which will be responsible for maintenance of the lawns and
landscaping. The applicant's materials state that each "homeowner will have the limited right to use the
space immediately adjacent to their home for flower beds, raised garden beds, or patio space." The Board
finds this criterion is met.
(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.
(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.
Plans for the project show the wetland buffer line marked by boulders, split .rail fence, shrubs, and/or trees,
which will provide sufficient separation and protection for those areas after residents move in to the
0
#SD-17-14
development.
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.
According to the applicant, the easterly portion of the project area has been in agricultural use for the past
several years. The applicant has not provided information regarding the agricultural production values of
the land as currently used. By developing the property with housing the agricultural use will cease.
However, the proposed TDR allows the project to be more densely developed so that land elsewhere in the
SEQ remains undeveloped, which is a significant goal of the Comprehensive Plan. The Board finds this
criterion is met.
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.
(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 requirement, as
evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water
and Wastewater Permit from the Department of Environmental Conservation.
Before the Administrative Officer may issue a zoning permit the applicant must obtain all the permits
listed above that are required for the project.
(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.
This topic has been covered already in these comments. The Board finds these criteria met.
(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.
This topic has been covered already in these comments. The Board finds this criterion met.
(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.
Comments were submitted by the Fire Chief during earlier stages of review. The Board finds this criterion
10
#SD-17-14
met.
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
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.
(1) Roads shall be designed in a manner that is compatible with the extension of such services
and infrastructure to adjacent properties.
As part of this project, Vale Drive, currently a cul-de-sac, will be extended northward to the property line and
the northern terminus is designed so that Vale Drive could be further extended if the property to the north is
ever developed. Additionally, the existing recreation path along Vale Drive will be extended along the newly
constructed length of Vale Drive, and will be connected to Spear Street by a new recreation path along Spear
Meadow Road. Finally, the southern end of Street 'A' ends at the property line, allowing for future
connectivity. The Board finds that the application meets this criterion.
(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.
This topic has been covered already in these comments. The Board finds this criterion to be met.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and
neighborhoods shall apply.
As discussed previously, the Board considers it likely that future development of neighboring properties will
require or propose that Vale Drive and Street 'A' be continued and/or connected to other roads that the
City maintains. The applicant proposes, in compliance with 15.12(D)(4), to construct the streets to the
property line. The Board finds this criterion is met.
9.07 Regulating Plans
A.
B.
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 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.
11
#SD-17-14
(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 proposes to convey a 6.8- acre parcel to the City for use as open space and/or a park. It is
located in the southern portion of the project site, would have homes nearby (existing and proposed),
and would abut other open space. While the open space will not be located at the center of the
proposed development, it will connect the proposed development and existing neighborhoods, which
could access it via sidewalks or on bicycle. The amount of land, 6.8 acres, as compared to the number of
possible residents in the proposed development (2.19 people/avg. household x 48 units=105.12 people)
far exceeds the standard of 7.5 acres/1,000 residents or 0.0075 acres/person (0.0075 acres/person x
105.12 residents=0.79 acres). Given the size of the proposed open space parcel, it could serve many
more people than those that will reside in the proposed development.
The applicant proposes to construct an eight (8) - foot wide gravel path to a six (6) - foot wide boardwalk
crossing the wetland to provide access to the westerly area of the open space/park parcel. In order for
City staff in a pickup truck to access this area, the gravel access and the boardwalk must be widened to
10 feet.
As a condition of approval, the wetland buffer on the park side of the wetland shall be delineated by the
installation of boulders.
As a condition of approval, an area of land off the end of the proposed gravel path with dimensions of
100' x 150' shall be created by regular mowing for use as a play area.
12
#SD-17-14
As a condition of approval, the plans must be revised to increase the width of the gravel access path
from 8 to 10 feet and of the boardwalk from 6 feet to 10 feet.
The Board finds that these criteria are met.
9.08 SEQ-NR &NRT Sub -District; Specific Standards
The SEQ-NR and SEQ-NRT 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. If it is unavoidable, blocks 500 feet or longer must include mid -block public
sidewalk or recreation path connections.
Vale Drive is uninterrupted for a span of greater than 500 feet; however, there are three (3) crosswalks
at intervals of approximately 500 feet that connect to sidewalks. The Board finds this criterion met.
(2) Interconnection of Streets
(a) Average spacing between intersections shall be 300 to 500 feet.
(b) Dead end streets (e.g. culs de sac) are strongly discouraged. Dead end streets
shall not exceed 200 feet in length.
(c) 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).
The northern portion of the extended Vale Drive and Street 'A' are presently depicted as dead ends;
however, the streets will extend to the property line and may at some point in the future be continued
and/or connected to another road network. The Board finds this criterion to be met.
(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.
See discussion above.
(4) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio
of 1:2.5 to 1:5 recommended.
The three existing lots will be merged then subdivided into seven (7) new lots. However, the required
minimum ratio of 1:2 is not applicable, because the project is a PUD. Each newly created lot will not be
developed with a single house, but with housing clusters. The purpose of the minimum lot ratio is to
ensure a certain form and pattern in development, but as a PUD, this project incorporates an innovative
approach that clusters multiple housing units on the newly created lots. The Board finds this criterion to
be met.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the
13
#SD-17-14
NR sub -district 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 of the SBLDR.
The proposed streets within the project site will conform to the street design criteria for Local Streets as
outlined in Table 9-2 of the LDR. Both Spear Meadow Road and the extension of Vale Drive will be 26
feet wide except at wetland crossings and some crosswalk areas. These dimensions could allow parking
on one side of the street. Street 'A' and the private driveway for accessing the triplexes will be 24 feet
wide, which is not considered a sufficient width for on -street parking, so the applicant will install "No
Parking" signs on these streets. The Board finds this criterion to be met.
(2) Sidewalks.
(a) 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.
(b) Sidewalks are required on one side of the street.
Project plans show that the sidewalks are no less than five (5) feet wide, located on at least one side of
the street, and include a sufficient planting strip. This project proposes sidewalks on both sides of Vale
Drive, and, in accordance with the Official Map, a recreation path located parallel to Vale Drive. While
previous development plans for this site proposed well over 80 housing units, the current plan proposes
only 47 units overall and just 12 on the west side of Vale Drive. With crossing points over to the
sidewalk and the recreation path proposed at both ends of these 12 units, and a more narrow section of
road in the middle, the Board finds that the benefit of a sidewalk on the west side of Vale Drive is
outweighed by the long term costs of maintaining this infrastructure that the LDR do not require. The
plans shall be revised to remove the sidewalk on the west side of Vale Drive.
The Board finds these criteria to be met.
(3) Street Trees; see Section 9.08(8)(3)
(a) Street trees are required along all streets in a planting strip a minimum of five
feet wide.
(b) 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 submitted the following comments regarding the landscaping:
• It would be very helpful to list quantities of each tree species in the plant list
• Recommend a substitute for Tupelo, not well suited to site, requires acidic soil and is
generally difficult to establish
• Recommend substitute for Hackberry, have not had good results planting in clay soils in
South Burlington
• Sargent Cherry is better suited to use as an ornamental as opposed to a street tree, should
be OK for use in island. Generally short lived species
• Recommend increasing the number of 'Sienna; Freeman Maple and reducing the number
14
#SD-17-14
of 'Autumn Blaze' Freeman Maple. 'Sienna' has superior structure and has not been
planted as commonly. Should also consider 'Celebration' Freeman Maple as it also has
superior structure to 'Autumn Blaze'
• Accolade Elm is listed in the plan list as an American Elm cultivar [but] is actually an Asian
Elm hybrid
• Some suggested substitute species include but [are] not limited to 'Triumph' and 'Regal
Elm', Swamp White Oak, Burr Oak, Amur Maockia (smaller tree)
The Board finds the applicant must adhere to the comments of the City Arborist and revise the
landscaping plans to reflect those comments.
(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. This
requirement may be waived within the SEQ-NRN sub -district provided the DRB finds
sufficient off-street parking has been provided to accommodate the parking needs of
the uses adjacent to the street.
As discussed above, on -street parking will be provided on Spear Meadow Road and Vale Drive. It does
not appear that Street 'A' is wide enough for on -street parking, but the DRB may modify this standard
when reviewing a PUD. The Board approves the street width shown on the plans.
(5) Intersection design. Intersections shall be designed to reduce pedestrian crossing
distances and to slow traffic.
At two (2) of the proposed crosswalks the street narrows to reduce pedestrian crossing distance.
Signage is proposed for both directions of traffic at all crosswalks to identify a pedestrian crossing and to
call attention to.the possible presence of pedestrians. The Board finds 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.
Applicant proposes six (6) street lights in the PUD, three (3) along Spear Meadows Road and three (3)
along Vale Drive. The poles will be 13' tall and the lamps meet the standards of Appendix D of the LDR.
The poles are a composite material with a high performance UV and weather resistant pigmented resin
coating and an additional pigmented polyurethane coating. All street lights shall comply with
Department of Public Works specifications. The Board finds this criterion to be met.
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 ... A minimum of thirty-
five percent (35%) of translucent windows and surfaces should be oriented to the
south...
15
#SD-17-14
The applicant's materials, specifically the Home Design Guidelines, affirm that houses will be oriented to
the street, that garages will be on the northerly side of buildings, and that a minimum of 35% of
translucent windows and surfaces will face south. The Board finds this criterion to be met.
(2) Building Facades. Building facades are encouraged to employ a theme and variation
approach. Buildings should include common elements to appear unified, but facades
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.
The applicant's Home Design Guidelines implements these criteria and the Design Constraints section
contained therein specifies how this variation will be achieved. As discussed above in these comments,
the Board finds that the Design Constraints will both create some variability of building facades and
require some common building elements within the development. The Board finds this criterion to be
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 beset back a maximum of twenty-five feet (25') from the
back of sidewalk.
(b) Porches, stoops, and balconies may project up to eight feet (8') into the front
setbacks.
The applicant proposes that residential buildings be set back ten (10) feet from the nearest street line
and that garages be set back no less than 25 feet from the back of the sidewalk. The Board finds the
proposed house setback will create a close relationship between the building and the street and that
setting garages at least 25 feet from the back of the sidewalk will positively affect the pedestrian
ambiance of the street. The project meets this criterion.
(4) Placement of Garages and Parking. For garages with a vehicle entrance that faces a
front lot line, the faVade 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.
The applicant's Home Design Guidelines reflect this criterion and its subsections. The Board finds this
criterion to be met.
(5) 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.
The applicant's Home Design Guidelines include this criterion, but do not offer specifics on housing
styles. The plans show that Street 'A' will have a mix of duplexes and single-family houses, that Spear
Meadow Road will be primarily duplexes with an entrance to the existing single-family home, and that
Vale Drive will have a mix of single-family, duplex, and triplex units fronting on the street. While the
triplexes are essentially clustered together on one side of Vale Drive (with a private driveway to the
rear), the units are next to and across from single family and duplex units, so there is some degree of co-
16
#SD-17-14
mingling amongst housing types. The single-family homes on Vale Drive are primarily on the eastern
side of the street, but there are a couple single-family units with a shared driveway on the western side.
The Board finds this criterion is met.
E. WAIVERS
The applicant requests the following waivers:
1. Buildings shall have a setback of ten (10) feet from the nearest street line, and garages shall be
set back a minimum of 25 feet from the back of the sidewalk.
Minimum rear setback of 20 feet for new interior lot lines.
Calculation of the building coverage and lot coverage on a project parcel basis to allow the
clustering of homes.
The Board concludes that the requested waivers align with the goals and objectives of the Comprehensive
Plan and the Southeast Quadrant Zoning District as already discussed in these comments.
F. TRAFFIC IMPACT
Based upon proposed construction of 47 single family dwellings (ITE Land Use Category #210), the
following estimates have been calculated. Level of Service will be excellent, with minimal delays and
little or no queuing, at the new Spear Street/Spear Meadow intersection. The project will have a
minimal (negative?) impact on existing and future levels of service at the Spear Street and Swift Street
intersection and at the Spear Street and Allen Street intersection.
The Board indicated in the preliminary plat decision that it would review traffic impacts at the final plat
stage of review. The Board received the following comments from Justin Rabidoux of Public Works in an
email dated September 29, 2016:
I reviewed the traffic study for the referenced project submitted by L&D on behalf of the applicant. 1
support its findings with one exception — a southbound on Spear left turn lane needs to be added to
this project to improve overall access, circulation and safety to the general area. The applicant has,
under separate cover, sent over what that lane would look like and 1 approve of its design. 1
encourage the DRB to add this to the project and I suspect the applicant would accept that condition.
DPW staff has gone over the overall plans with Andy Rowe from L&D numerous times and each time
minor tweaks have been made to pedestrian issues and I think the plan is acceptable at this point. I
want to use this opportunity to remind the applicant that all pavement markings have to be Type 1
Permanent markings and preapproved by DPW prior to installation.
Thanks,
Justin Rabidoux
Director of Public Works/City Engineer
The final plat application includes a southbound left turn lane.
The Board concurs with the comments of the Director of Public Works, and directs the applicant to
comply with these comments.
17
#SD-17-14
G. STORMWATER
The Stormwater Section provided the following comments to the Board in an email dated June 16, 2017:
The Stormwater Section has reviewed the "Spear Meadows" site plan prepared by Lamoureux &
Dickinson, last revised on 4120117. We would like to offer the following comments:
1. This project will disturb greater than 1 acre of land and create greater than 1 acre of impervious
area. Therefore, this project will need both a construction stormwater permit and an
operational stormwater permit from the State.
2. The project crosses wetlands in multiple locations and will need a conditional use determination
(CUD) from VT DEC.
3. Some of the units back up to the wetland and associated buffer. Use of this buffer area is
regulated under section 12.02 of the City's Land Development Regulations (LDR). The DRB
should include a condition that this buffer area not be turned into lawn.
4. The DRB should include a condition requiring the applicant to regularly maintain all stormwater
treatment and conveyance infrastructure.
The Board concurs with the comments of the Stormwater Section, and directs the applicant to comply
with these comments.
H. ENERGY STANDARDS
The Board notes that all new buildings are subject to the Stretch Code pursuant to Section 3.15:
Residential and Commercial Building Energy Standards of the LDRs.
I. OTHER ISSUES
Street 'A' and Spear Meadows Drive must receive a street name from the Planning Commission. This
process is underway.
All structures must have E911 numbers assigned. This process is underway.
DECISION
Motion by , seconded by , to approve final plat application #SD-17-14
of The Snyder Group, Inc. subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
This project must be completed as shown on the final plat plans submitted by the applicant and on
file in the South Burlington Department of Planning and Zoning.
3. The applicant must obtain a zoning permit for the first building within six (6) months of this
approval. The Development Review Board grants a period of five (5) years for applicant to obtain
zoning permits for the multi -family buildings. If applicant has not obtained a zoning permit for any
of these approved buildings within this five-year period, applicant will be eligible, per Section 17.04
W:
#SD-17-14
of the South Burlington Land Development Regulations, for one (1) extension to an approval if the
application is submitted to the Department of Planning and Zoning before the approval has expired
and if the Development Review Board determines that conditions are essentially unchanged from
the time of the original approval. ►n granting such an extension, the Development Review Board
may grant up to one (1) additional year for applicant to obtain zoning permits for the multi -family
buildings.
4. Prior to the issuance of a zoning permit for the 32°d dwelling unit and subject to the approval of the
City Attorney, the applicant must record in the South Burlington land records the document entitled,
"Density Reduction Easement and Transfer of Development Rights" and a survey of the area from
which the 17 transferable development rights have been severed, as required under 24 V.S.A §
4423(b)(4).
5. Prior to recording the final plat plans, the applicant must provide to the Planning and Zoning
Department verification that the University of Vermont has granted an easement on its land to the
north of the project for the location and maintenance of the water line that will provide water to the
PUD.
6. The applicant must obtain a Certificate of Occupancy prior to use or occupancy of the multi -family
dwellings.
Future proposals to add decks, sunrooms, and/or porches to any single family dwelling or to any
dwelling unit in a two-family dwelling within the approved lot or footprint lot belonging to that unit
will require only a zoning permit.
8. The Board approves the width for Street `A' that is depicted on the plans.
The applicant must receive final wastewater allocations for the project before the Administrative
Officer may issue any zoning permits.
10. The Board approves the following waivers:
a. Buildings shall have a setback of ten (10) feet from the nearest street line, and garages
shall be set back a minimum of 25 feet from the back of the sidewalk.
b. Minimum rear setback of 20 feet for new interior lot lines.
c. Calculation of the building coverage and lot coverage on a project parcel basis to allow
the clustering of homes.
11. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
12. The plat plans must be revised to include the changes listed below and then submitted to the
Administrative Officer for approval. Prior to recording the plat, applicant shall submit to the
Administrative Officer three (3) copies of the plans approved by the Administrative Officer.
a. The survey plats must be revised to include the signature and seal of the land surveyor.
b. The plans that depict the 6.8-acre parcel of open space and/or park must be revised to
increase the width of the gravel access path from 8 to 10 feet and of the boardwalk
from 6 to 10 feet.
19
#SD-17-14
The plans must be revised to remove any sidewalk on the west side of Vale Drive.
The plans must be revised to incorporate the changes recommended by the City
Arborist.
e. The plans must be revised to include the name of Street 'A' approved by the Planning
Commission and street numbers by the E-911 addressing system.
13. The applicant must obtain final plat approval of plans revised to depict the location of the utility
cabinets.
14. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of
the LDR. In addition, the grading plan must meet the standards set forth in Section 16.04 of the
LDR.
15. The applicant shall comply with the comments of the Stormwater Section, as listed in Section G
a bove.
16. Before the Administrative Officer may issue a zoning permit for either the first lot or to start utility
or road construction, the applicant shall submit to the Administrative Officer a final set of approved
project plans in digital (PDF) format.
17. Prior to recording the final plat plans, all appropriate legal documents (e.g., the irrevocable offer of
dedication (IOD) and the warranty deed for the proposed public roads, park land and utility, sewer,
drainage, and water, etc.), including without limitation easement deeds, shall be submitted to the
City Attorney for approval and the legal documents approved by the City Attorney shall be recorded
in the South Burlington Land Records. The IOD for the northerly section of Vale Drive and Street "A"
must extend to the property line.
18. Before the Administrative Officer may issue a zoning permit for the first permit in each phase
indicated below, the applicant shall post landscaping bonds for site landscaping in the amounts
indicated. These bonds shall remain in full effect for three (3) years from completion to assure that
the landscaping has taken root and has a good chance of survival.
a. phase I, a $41,700 landscape bond
b. phase II, a $66,350 landscape bond
19. Prior to start of construction of the road infrastructure for phases I and II, the applicant shall post a
bond in the amount of $705,350 and in the amount of $910,800 respectively.
20. Street trees must be in their approved places along the street before the final layer of the pavement
may be added.
21. There shall be no use of herbicides, pesticides, and/or non -organic fertilizers within either the
wetlands or the associated buffers. Before the Administrative Officer may issue a zoning permit for
the first building on the property, and subject to the City Attorney's approval, the applicant must
record a "Notice of Conditions" to this effect.
22. There shall be no mowing within 50 feet of the wetlands on the property. Brush -hogging is
permitted no more than three (3) times per year. Before the Administrative Officer may issue a
20
#SD-17-14
zoning permit for the first building on the property, and subject to the City Attorney's approval, the
applicant shall record a "Notice of Conditions" to this effect.
23. The wetland buffer on the park side of the wetland shall be delineated by the installation of
boulders.
24. An area of land off the end of the proposed gravel path in the park / open space with dimensions of
100' x 150' shall be created by regular mowing for use as a play area.
25. Before the Administrative Officer may issue the first zoning permit for the project, applicant must
provide to the Administrative Officer a copy of any stormwater permit that the Vermont
Department of Environmental Conservation (DEC), Stormwater Division requires for the project.
26. The applicant must regularly maintain all on -site stormwater treatment and conveyance structures.
27. All pavement markings must be Type 1 Permanent Markings and must be approved by the Department
of Public Works prior to installation.
28. All single and two (2) - family dwellings must comply with the Home Design Guidelines dated 3/30/17.
29. Fire hydrants shall be in place and tested prior to construction of combustible structures.
30. This PUD consists of seven (7) lots. For the purposes of the LDR, footprint lots are not recognized,
considered or treated as separate lots. Prior to recording the final plat plans, the applicant must record,
subject to the City Attorney's approval, a "Notice of Conditions" to this effect.
31. The final plat plans (sheets 1, PL1, and PL2,) shall be recorded in the land records within 180 days or this
approval is null and void. The plans shall be signed by the Board Chair or Clerk prior to recording. Prior
to recording the final plat plan, the applicant shall submit to the Administrative Officer a copy of the
survey plats in a digital format approved by the South Burlington GIS Coordinator.
32. Any changes to the final plat plans must be approved by the Development Review Board.
Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Frank Kochman
Yea
Nay
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 5— 0 — 0.
Signed this 1" day of August 2017, by
Bill Miller, Chair
21
#SD-17-14
PLEASE NOTE: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail with the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must be mailed to the
City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT
05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-951-1740 or
https://www.vermontjudiciary.org/environmental
for more information on filing requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits
for this project. Call 802.477.2241 to speak with the regional Permit Specialist.
22