HomeMy WebLinkAboutSD-16-18 - Decision - 1302 1340 1350 Spear Street#SD-16-18
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
THE SNYDER GROUP, INC.-1302, 1340 & 1350 SPEAR STREET
PRELIMINARY PLAT APPLICATION #SD-16-18
FINDINGS OF FACT AND DECISION
Preliminary plat application #SD-16-18 of The Snyder Group, Inc. 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.
The Development Review Board held a public hearing on August 23, September 20, and October 4,
2016. 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 preliminary plat approval for a planned unit
development on 26AS 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 June 17, 2016.
5. The plan submitted 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
The South Burlington Land Development Regulations for the SEQ-NR district allow a maximum base
density of 1.2 units per acre and a 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 has proposed 48 units (one existing single family and 47 new units),
which is possible for this parcel with the transfer in of 17 development rights (48 units - 31 existing
TDRs=17).
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The project involves three (3) existing parcels that will be merged and subdivided 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 Public Works Department shared the following comments from John Tymecki of the Champlain Water
District/South Burlington Water Department:
1. The 24" x 8" tap site and materials will need to be approved by CWD. Water allocation for this
project needs to be approved by CWD and SBWD.
2. The balance of infrastructure will need to be approved by the City of South Burlington Water
Department with my comments as follows:
a. Sheet 12, Item 1.2 Ductile Iron pipe. Recommending zinc coated ductile iron pipe as well as
bio wrap.
b. Standard polyethylene sleeve for D.I. pipe applies if zinc coated pipe is not required.
c. Item 1.7 Fire Hydrants. Fire hydrant assemblies are now required to befitted with a 4" Storz
connection.
d. Item 1.8 C. All curb stop boxes shall be equipped with pentagon nut caps. Two hole curb box
caps are no longer permitted.
3. Depending on the City's future water requirements for the Public Park (7.0 Acres Total) a water main
future should be installed at +/- Sta. 31+75 running West along the proposed 10' wide gravel path.
4. The proposed potable water interconnection at Sta. 38+80 connects two disparate pressure zones
which if activated would raise operating pressures on Spear Street (including areas of Shelburne),
Olivia Dr., Pinnacle Dr., Nowland Farm Rd., Vale Drive and all other hydraulically connected side
streets.
At the very least, the water main connections between Spear Street and Olivia Dr. / Nowland Farm
Rd would need to be closed. That being said i have experienced firsthand that an RWGV may leak
after several years of closure. This type of failure could result in a catastrophic pressurization in the
Spear Street Reduced Pressure Zone. I am recommending that the two aforementioned connections
at Spear Street and Olivia Dr. / Nowland Farm Rd be cut and capped the cost of which would need
to be determined.
5. The above cut and cap recommendation would result in a large residential area being fed from one
8" connection to CWD's High Service 1 Transmission Main. A hydraulic analysis of the area should be
undertaken to determine what can be expected for domestic and fire flow capability to such a
service area.
6. The Spear Meadows project interconnection with the existing Vale Drive water main appears to
partially address an identified area of concern mentioned in the Aldrich & Elliott Engineering
Services Agreement, dated June 22, 2015, Page 4 of 12 which reads: 'The following other areas of
concern were identified for inclusion into the updated master planning and alternatives will be
evaluated for potential improvements. *Low water pressures at on the east side of Spear Street."
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The above comments must be resolved for final plat.
(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.
The applicant submitted a Traffic Impact Study. The application materials state the project will generate 52
P.M. Peak Hour trip ends on the property.
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. l
support its findings with one exception — a southbound on Spear left turn lone 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. l
encourage the DRB to add this to the project and I suspect the applicant would be 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 aN 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 Board will review this criterion at the final plat stage of the development review process.
(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.
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The project's layout avoids development in the Class II wetlands and a significant portion of the onsite
wetlands will be preserved in the project's designated open space area, which is proposed to be conveyed
to the City and may possibly be developed as a park in the future. Plans for the project show the wetland
buffer line being marked by boulders, split rail fence, shrubs, and/or trees, which the Board preliminarily
finds to be sufficient separation and protection for those areas after residents move in to the development.
The Board finds that the wetlands and stream running through the property provide the applicant with an
opportunity —in the spirit of being innovative, as is required by the PUD standards —to educate residents
about the onsite habitat and sensitive areas. For example, informational signage explaining the role of the
wetlands in the health of the community and property.
The Board preliminarily finds the wetland and stream impacts indicated on the plans to be permissible.
(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). The Comprehensive Plan states 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." This project fulfills this goal because it uses the Transfer of Development
Rights (TDRs) to increase the density of the project and further conserves open space by proposing duplex
and triplex buildings. The duplex and triplex development proposed by the applicant visually varies from
the existing single-family development pattern of the area; however, the project also incorporates single-
family homes.
Additionally, the Board finds that undeveloped land to the north of the proposed project and single-family
house lots to the south and southwest of the project are most likely to be developed and redeveloped,
respectively, in a pattern more closely aligned with the proposed project than with existing development.
The Board finds that while the proposed project may appear somewhat visually different from existing
development in the area, it 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 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 project's layout includes open space around the wetland in the south and southwest area of the site
and a buffer around a stream bed which traverses the project site as well as adjacent properties. 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 preliminarily finds this criteria 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.
The Fire Department submitted the following comments in an email dated August 9, 2016:
All in all looks pretty good. Would need to run the apparatus template over the final plans to be sure.
As always the fire hydrants need to be in place and tested prior to construction of combustible
structures and the overall PUD must be compliant with NFPA 1 Chapter 18 en toto.
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The Board preliminarily finds this criterion to be met.
(A)(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and
lighting have been designed in a manner that is compatible with the extension of such services
and infrastructure to adjacent 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 extension of Vale Drive will be constructed 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 roadway system eventually conveyed to and maintained by the City. Therefore
the streets must be built to standards which are acceptable to the City.
NO) 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.
The Board preliminarily finds this criteria met.
(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 the district since it will have a greater density of housing through the use of
TDRs. 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 chronic shortage of affordable housing in the SEQ. The Board
preliminarily finds this criteria to be met.
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.
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As discussed above, the Board preliminarily finds this criteria is being met.
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 appreciates the sidewalks, paths, crosswalks, and signage (stop signs and pedestrian zone
signs) throughout the proposed development, because those amenities will promote safe pedestrian
movement. The Boards finds that adequate parking is provided 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 sidewalks 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, but does not visually show, "foundation plantings." Foundation
plantings requirements established by the applicant include that 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 may be apportioned around the perimeter of the
building based upon the location of the windows, porches, decks, retaining walls, and other site
conditions." Foundation plantings are to be selected from a list developed by the applicant and stated
on the landscaping plan. The Board finds that these plantings very well may be adequate for each
building; however, it is difficult to visualize the layout of the plantings for the various building
configurations. The Board finds that renderings of typical plantings will be required at the final plat
stage of the review process.
(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;
(iii) - NO...
Each dwelling unit will have a garage. Parking is planned in the 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
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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 preliminarily finds this criterion to be 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 would be two (2) stories and no waivers are sought for height. The Board
preliminarily finds this criteria met.
(4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansion shall, to the extent feasible, be underground.
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),
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
considers that these changes will result in attractive transitions between buildings and avoid monotony
within the development.
The Board preliminarily finds these criteria are met.
(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 duplexes
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. Making these units appear as
much as possible to be a single-family house may provide a better transition between existing structures
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on Spear Street and the proposed structures on Spear Meadow Road.
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 may be required on any lot for provision of
access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto
an arterial 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.
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.
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 applicant submitted material stating that household waste will be stored within the units and the
attached garages. The Board preliminarily finds this proposal to be acceptable.
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 $107,450.
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 1%
$94,500
Minimum Landscaping $
1 $107,000
Pursuant to Section 13.06(B) of the Land Development Regulations, the plans should depict snow
storage areas or the applicant should describe plans for removal of snow to an offsite location. The
Board finds that snow storage areas must be shown on the final plat.
D. SOUTHEAST QUADRANT
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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
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 has indicated that the proposed buildings will not be more than 28 feet tall. The Board
preliminarily finds this criteria to be 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 preliminarily 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 preliminarily 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 would 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." If
landscaping will be used, this must be shown on the final plat plans, including the budget for installation.
(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
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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 the Board finds is sufficient separation and protection for those areas after residents move in to the
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.
The easterly portion of the project, according to the applicant, has been in agricultural use with a rotation of
crops over 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. The Board considers the use of TDRs means the property will support additional density
onsite and preserve land from development elsewhere in the SEQ, which is a significant goal of the
Comprehensive Plan. The Board preliminarily 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.
A condition of final plat approval will be that prior to receiving a zoning permit the applicant will need to
obtain whichever of the permits listed above are necessary for the site.
(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 preliminarily 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
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with the applicant related to maintenance that has been approved by the City Council.
(4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire
protection can be provided, with the standards for evaluation including, but not limited to,
minimum distance between structures, street width, vehicular access from two directions
where possible, looping of water lines, water flow and pressure, and number and location
of hydrants.
The applicant has stated that further discussions will occur with the Fire Marshal prior to final plat,
particularly regarding the sprinkler systems which the Fire Marshal may require on private roads.
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.
The Board will review this criterion at the final plat stage of the development review process.
(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 criteria preliminarily met.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and
neighborhoods shall apply.
As discussed previously, it is considered likely by the Board that Vale Drive and Street 'A' may at some point
in the future be continued and/or connected to other roadway systems that be maintained by the City. ThE
applicant proposes, in compliance with 15.12(D)(4), to construct the streets to the property line. The Board
preliminarily finds this criteria to be 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
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neighborhood, to add vitality and allow for greater surveillance by surrounding homes,
local streets and visitors. Each park should be accessible by vehicle, foot, and bicycle and
there should be a park within a quarter -mile of every home.
(2) Specific Standards. The following park development guidelines are applicable in the SEQ-
NRT, SEQ-NR, SEQ-VR, and SEQ-VC districts:
a. Distribution and Amount of Parks:
i. A range of parks and open space should be distributed through the SEQ to
meet a variety of needs including children's play, passive enjoyment of the
outdoors, and active recreation.
ii. Parks should serve as the focus for neighborhoods and be located at the
heart of residential areas, served by public streets and fronted by
development.
iii. Parks should be provided at a rate of 7.5 acres of developed parkland per
1,000 population per the South Burlington Capital Budget and Program.
iv. A neighborhood or mini park of 10,000 square feet or more should be
provided within a one -quarter mile walk of every home not so served by
an existing City park or other publicly -owned developed recreation area.
b. Dedication of Parks and Open Space: Parks and protected open space must be
approved by City Council for public ownership or management, or maintained
permanently by a homeowners' association in a form acceptable to the City
Attorney.
c. Design Guidelines
i. Parks should be fronted by homes and/or retail development in order to
make them sociable, safe and attractive places.
ii. Parks should be located along prominent pedestrian and bicycle
connections.
iii. To the extent feasible, single -loaded roads should be utilized adjacent to
natural open spaces to define a clear transition between the private and
public realm, and to reinforce dedicated open space as a natural resource
and not extended yard areas.
The applicant is prepared to convey a 6.8 acre parcel to the City for open space and possible
development into a park. The open space contains significant areas of Class II wetlands, which limit its
development into 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 would not be
located at the center of the proposed development, it would 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, it could serve many more people than those located in the proposed development. The Board
preliminarily finds this criterion to be 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
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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 preliminarily 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 other roadway systems. The Board preliminarily 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 presently existing lots are to be merged then subdivided into seven (7) new lots; however, the
requirement for a minimum ratio of 1:2 is not applicable in this circumstance, because the project is a
PUD and the lots being created will not be used as lots for individual houses, but for housing clusters.
The purpose of the minimum lot ratio is to ensure a certain form and pattern in development. However,
this project is proposed as a PUD and incorporates an innovative approach that clusters multiple housing
units on the created lots. The Board preliminarily finds this criterion to be met.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the
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 LDRs. 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
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wide, which is considered a width where on -street parking would not occur and "No Parking" signs must
be shown on final plat plans. The Board preliminarily 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.
Plans show that the sidewalks will be a minimum of five (5) feet in width, will occur on at least one side
of the street, and will have a sufficient planting strip.
(3) Street Trees; see Section 9.08(B)(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:
Species Selection
• Red Maple cultivars aren't well suited to the clay soils in this part of the city. The neutral
to alkaline conditions often results in manganese deficiency. Recommend substituting
'Celebration' or 'Sienna Glen' Freeman Maple
1'd recommend limiting the use of Tupelo as a street tree as it can be difficult to establish
and also requires slightly acidic soil. It would be worth trying in small numbers,
particularly near the stormwoter pond or in a wetland buffer
I'd recommend substituting Accolade' or Triumph' Elm for 'Princeton' Elm. Princeton
Elms exhibit a very dense branching habit which I believe will result in structural problems
as the trees mature
The Board finds the applicant must adhere to the comments of the City Arborist and revise final plat
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' would have sufficient width for on -street parking; however, under the review
of this project as a PUD, the DRB may waive the requirement that the street be built to public roadway
standards (Section 15.12(D)). The Board preliminarily waives the requirement that Street A be built to
public roadway standards.
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(5) Intersection design. Intersections shall be designed to reduce pedestrian crossing
distances and to slow traffic.
At two (2) of the six (6) proposed crosswalks the street narrows to reduce pedestrian crossing distance.
All crosswalks are proposed to have signage indicating a pedestrian crossing to both directions of traffic.
The Board preliminarily 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 did not include within the plans any information regarding lighting plans and fixture design.
These must be provided for final plat.
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...
The applicant's materials, specifically the Home Design Guidelines, affirms 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 preliminarily 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 affirms this criteria and the Design Constraints section
contained therein specifies how that variation will be achieved. As discussed above in these comments,
the Board finds that the Design Constraints will create some variability of building facades but also will
require some common building elements within the development. The Board preliminarily 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 has proposed that buildings should be set back ten (10) feet from the street right of way
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and that garages must be set back 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. The Board
preliminarily finds that setting garages at least 25 feet from the back of the sidewalk is a positive to the
pedestrian ambiance of the street and that this criterion is met.
(4) Placement of Garages and Parking. For garages with a vehicle entrance that faces a
front lot line, the facade 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 affirm this criteria and its subsections. The Board preliminarily
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 affirm this criteria, but do not offer specifics on housing styles.
The plans presented by the applicant 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 -mingling amongst housing types. The single-family homes on Vale Drive are
primarily on the eastern side of the street with a couple single-family units with shared driveways on the
western side.
E. WAIVERS
The applicant initially requested the following waivers:
1. Reduction of the minimum lot size, coverage, and setbacks to allow footprint lots.
2. Reduction of the front yard setback to ten (10) feet, provided that garages are setback a
minimum of 25 feet.
Reduction of the rear yard setback to 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.
In discussion with the Board the applicant withdrew the request for waiver #1 as unnecessary.
The Board preliminarily finds the requested waivers to be in alignment with the goals and objectives of
the Comprehensive Plan and the Southeast Quadrant Zoning District as already discussed in these
comments.
F. TRAFFIC IMPACT
The Board will review traffic impact at the final plat stage of the development review process.
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G. STORMWATER
The Stormwater Section provided the following comments to the Board in an email dated August 18,
2016:
The Storm water Section has reviewed the "Spear Meadows" site plan prepared by Lamoureou &
Dickinson, dated 616116. 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 storm water 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 (LDRs). The DRB
should include a condition that this buffer area not be turned into lawn.
4. The applicant should provide an analysis of the downstream culverts and their ability to pass
the 25-year 24-hr (4") storm from the associated upstream drainage area, in accordance
with §12.03.E(3) of the City's LDRs.
5. Provide safety fences around each storm water pond.
6. A maintenance access and right of way shall extend to each pond from the road. Include
curb -cut and gate in the pond fence for vehicle access.
7. indicate on a plan sheet, the sub -watershed boundaries, as well as drainage areas for all
STPs in accordance with §12.03.D(o) of the City's LDRs.
8. In a future submission, please submit the HydoCAD model file.
Thank you for the opportunity to comment,
Dave Wheeler
The Board concurs with the comments of the Stormwater Section.
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' must receive a street name from the Planning Commission.
DECISION
Motion by Matt Cota, seconded by John Wilking, to approve preliminary plat application #SD-16-18 of
The Snyder Group, Inc. subject to the following conditions:
1. All previous approvals and stipulations will remain in full effect except as amended herein.
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2. This project must be completed as shown on the preliminary plat plans submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
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 approval of the multi-
family buildings. If applicant has not obtained a zoning permit for any of these approved buildings
within this five-year period , they will be eligible, per Section 17.04 of the South Burlington Land
Development Regulations, for one (1) extension to an approval if the application takes place before
the approval has expired and if the Development Review Board determines that conditions are
essentially unchanged from the time of the original approval. In granting such an extension, the
Development Review Board may specify a period of time up to one (1) year for the extension.
4. Prior to the issuance of a zoning permit for the 32"d dwelling unit, the applicant must record 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), upon approval of the City Attorney in the South Burlington land records.
S. The applicant must obtain a Certificate of Occupancy prior to use or occupancy of the multi -family
dwellings.
6. Future additions of decks, sunrooms, and porches to any single or two-family dwelling units within
an approved lot or footprint lot belonging to that unit will require only the issuance of a zoning
permit.
7. The applicant must submit legal documents confirming options to purchase the 17 additional
development rights for review by the City Attorney with the final plat submission.
8. The applicant must receive preliminary wastewater allocations prior to final plat approval.
9. The applicant must receive final wastewater allocations prior to issuance of any zoning permits.
10. The document entitled, "The Home Design Guidelines Spear Meadow Subdivision" which sets forth
the method by which the applicant will comply with the residential design guidelines, must be
revised to show the changes below and submitted with the final plat application:
a. The document must be dated.
b. That duplex and triplex buildings are consider one building for the purposes of the
Guidelines.
Rather than "Buildings should be set back ten feet (10') from the street right of way" the
Guidelines will read "Buildings must be set back between ten (10) to twenty-five (25)
feet from the street right of way."
Rather than "Garages shall be set back twenty-five feet (25') from the back of the
sidewalk" the Guidelines will read "Garages shall be set back at least twenty-five feet
(25') from the back of the sidewalk when facing the street."
11. The Board approves the following waivers:
a. Front yard setback of ten (10) feet, provided that garages are setback a minimum of 25
feet if the garage faces the street.
Rear yard setback of 20 feet for new interior lot lines.
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c. Calculation of the building coverage and lot coverage on a project parcel basis to allow
the clustering of homes.
12. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
13. The proposed project must 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 must meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
14. There shall be no use of herbicides, pesticides, and/or non -organic fertilizers within either the
wetlands or the associated buffers. Prior to issuance of a zoning permit for the first building on the
property, the applicant must record a "Notice of Conditions" to this effect which has been approved
by the City Attorney.
15. There will be no mowing within 50 feet of the wetlands on the property. Brush -hogging will be
allowed no more than three (3) times per year. Prior to issuance of a zoning permit for the first
building on the property, the applicant will be required to record a "Notice of Conditions" to this
effect which has been approved by the City Attorney.
16. Any stormwater permit required from the Vermont Department of Environmental Conservation
(DEC) Stormwater Division shall be provided to the Administrative Officer prior to the issuance of
the first zoning permit.
17. The applicant will be responsible for regularly maintaining all stormwater treatment and conveyance
structures on -site.
18. The plans must be revised to show the all changes below prior to final plat submission:
a. Remove water line easement located on UVM property
b. Make changes to landscaping plan as suggested by the City Arborist
c. Update lighting plan to include street lights 12 to 14 feet in height
d. Update plans to include informational signage near wetland buffers which explain the
role of the wetlands in the health of the community and property
e. Provide typical foundation planting type rendering
f. Provide elevations for dwelling units #46 and #47
g. Show snow storage areas on plans
h. Respond to and resolve issues identified in the comments of the Champlain Water
District
i. Respond to and resolve issues identified in the comments of the Stormwater Section
j. Update plans to include southbound left hand turn lane on Spear Street
k. Provide a phasing plan for landscaping with associated budgeted amounts for each
phase
I. No parking signs must be shown on the private driveway by which the triplexes will be
accessed
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19. The final plat submittal must include E911 addresses for structures in the proposed project, in
conformance with local ordinances and Vermont E911 addressing standards.
20. The final plat submission must include a Certificate of Title as required under Section 15.17 of the Land
Development Regulations.
21. Final plans 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.
22. For the purposes of the Land Development Regulations, all footprint lots will not be recognized as
individual lots, which will result in there being seven (7) lots in this PUD. Prior to recording the final
plat plans, the applicant will be required to record a "Notice of Conditions" to this effect which has
been approved by the City Attorney.
23. The final plat application must be submitted within 12 months of this decision.
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 — 1.
Signed this 18 day of January 2017, by
Bill Miller, Chair
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 to the Superior Court, Environmental
Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also 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 802-828-1660 or
http://vermontjudiciary.org/GTC/environmental/default.aspx 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.
001