The URL can be used to link to this page

Home My WebLink AboutAgenda 05_SD-21-02_1840 Spear St_South Village Lot 11 SC 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Development Review Board FROM: Marla Keene, Development Review Planner SUBJECT: Reconsideration of SD-21-02 1840 Spear St South Village – Lot 11 Preliminary and Final Plat DATE: May 18, 2021 On April 6, 2021, the Board voted to reopen SD-21-02 for the purpose of taking additional testimony on affordable vs. inclusionary units and on wetland restoration. The Board’s discussion must be limited to those items. The applicant submitted a cover memo and supplemental information pertaining to these items which are included in the packet for the Board. Application #SD-21-02 was approved on March 5, 2021. The approval is also included in the packet. PROJECT DESCRPTION: Reconsideration of Preliminary and Final Plat Application #SD-21-02 of South Village Communities, LLC to subdivide four existing undeveloped lots totaling 23.2 acres into eight lots ranging from 0.3 acres to 14.1 acres, construct 22 homes in 11 buildings on Lot 11.1 (1.2 ac) and 11.2 (1.1 ac), and construct a permanent farm access road and pavilion on Lot 11C (1.20 ac). The reconsideration is limited to condition #26 pertaining to affordable vs. inclusionary units and condition #6 pertaining to wetland restoration, 1840 Spear Street. AFFORDABLE VS. INCLUSIONARY UNITS: #SD-21-02 is subject to 18.02 Affordable Housing Density Bonus based on the original master plan approval granting an affordable housing density bonus of 65 units as a “mixed rate housing development” (18.02C(2)). 18.02D(3) specifies that the project must adhere to the standards of Section 18.01D(5) and (6) as a plan for continued affordability. Section 18.01 refers to affordability requirements for inclusionary units, and is also applicable to affordable housing pursuant to 18.02D(3). Condition #26 of SD-21-02 reads as follows. 26. The applicant shall demonstrate compliance with the ongoing affordability and reporting requirements of 18.01D(5) and (6) prior to issuance of a zoning permit for each inclusionary unit, or the “paired” market rate unit, including requirements pertaining to maximum purchase price calculation, income eligibility, continued affordability and reporting requirements. The applicant has requested the word “inclusionary” be changed to “affordable” in Condition #26. Staff considers the consequences of this change to be immaterial and recommends the Board accept the request. #SD-21-02 2 WETLAND RESTORATION: The proposed development of Lot 48X includes construction of a pavilion, construction of a stormwater management system, and grading to route runoff to the proposed stormwater management system. See attached sheet C2.4. The applicant proposed a 3-rail fence along the eastern boundary of the northern segment of Class III wetland on Lot 48X (See Sheet C2.0). The Board approved relevant conditions 3c. and 6 as follows. 3. The plans must be revised to show the changes below and shall require approval of the Administrative Officer. c. continue the fence proposed along the wetland west of the pavilion, along the wetland boundary south of the pavilion extending eastward to the northernmost “point” of the wetland south of the pavilion and from there perpendicular to the lot line extending to the high point of land before the grading drops down into the proposed drainage swale. 6. The area south and west of the fence on Lot 48X shall be allowed to revegetate naturally, though removal of invasive species shall be allowed. The applicant shall record a notice of conditions to this effect, subject to review and approval of the City Attorney, prior to recording the mylar. In their cover memo for this reconsideration the applicant appears to be requesting to remove all fencing from the approved plans, including the fencing originally proposed by the applicant (again shown on Sheet C2.0). The applicable standards are as follows. 9.06B(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. 15.18A(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. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. Master plan approval MP-05-02 includes the following statement regarding wetland impacts: “The wetland impacts of the proposed master plan are minimal relative to the surface area of wetlands on the subject property” The record drawings for MP-05-02 include two relevant sheets, WIS-1.0 Wetland Impact Summary, and Sheet 1 of 1 Restoration Plan. No impacts to this wetland are indicated on WIS-1.0, and the sheet entitled “Restoration Plan” refers to the wetland area in question as “Wetland Restoration Area A. Sedge Meadow.” The text of the master plan decision does not further elucidate the intended action for this area, therefore Staff recommends the Board base their decision on the plans. Staff considers the plans for MP-05-02 require protection of this wetland area. In their cover memo, the applicant argues that the best use for Lot 48X is neighborhood recreation. If the Board had neglected to take into consideration the proposed use, they could have required protection of the Class III wetland AND it’s associated regulatory 50-ft buffer. The original decision for SD-21-02 provides a lengthy discussion on pages 4 and 5 of the proposed uses on Lot 48X, concluding with the statements replicated in conditions 3c. and 6. above. Staff concludes therefore the Board’s original findings on this matter were written as a way to balance the #SD-21-02 3 proposed uses with the relevant wetland protection standards, and recommends the Board retain conditions 3c and 6 as written. Recommendation Staff recommends the Board discuss the project with the applicant and conclude the hearing. Respectfully submitted, Marla Keene, Development Review Planner WS S D SS 371 372 373 390 388387386385 384 383 381379380382375 375373374373 374 374376375381379380378377 368367376375 373374376375 378376 37537 4 3733 7 2378 377 375376 37537 8 3 7 7 380385390374375 378377376 S S S S S CLASS 3 WETLAND (Classification by Tina Heath onAugust 1, 2018) EX. FARM ROAD EXISTING CLASS IIWETLAND AND 50'BUFFER EX. ELEC. CABINET EX. HYDRANT TYP. PROPOSED 12' GRAVELFARM ACCESS ROAD PROPOSED MID BLOCK PEDESTRIAN WAY PROPOSED 5' SIDEWALK EXISTING CLASS III WETLAND(REFER TO SOUTH VILLAGE SOCCER FIELDSWETLAND CLASSIFICATION REPORT #2013-049COMPLETED BY TINA HEATH V.D.E.C. DISTRICTWETLAND ECOLOGIST ON AUGUST 10, 2018 PROPOSED 18' WIDEPAVED INTERNAL LANE PROPOSED 10' WIDEREC. PATH EX. BARN PROPOSED 10' REC. PATH S S PROPOSED PROPERTY LINE PROPOSED FENCE PERLANDSCAPE PLAN CONNECT TO EXISTING REC PATH PROPOSED 24' x 32'PAVILION EX. ELEC. CABINETMATCH EX. GRAVELROAD ELEVATION PROPOSED PARALLELPARKING SPACES PROPOSED STORMWATERPOND 26'R.O.W . PROPOSED FENCE PERLANDSCAPE PLAN NORTH JEFFERSON ROADALLEN ROAD EAST 11.1 63 51 52 541210B10A10 6 DOUGLAS LANEOPEN GREEN SPACE 53FARM WAYSOUTH JEFFERSON ROADDEWEY PLACE SLADE STREET100+00100+50101+00101+50102+00102+50103+00103+50104+0 0 104+50 105+00 105+50 106 + 0 0 106 + 2 6 . 0 5 0+000+501+001+502+002+503+003+504+004+48.55EXISTING REC. PATHTT10 PAVEDPAVE D DRIVE W A Y ( T Y P . ) 11.2 48X 135ALLEN ROAD EAST 13 NORTHJEFFERSON ROAD 26 FAR M W A Y 38 FAR M W A Y 50 FAR M W A Y 62 FAR M W A Y 74 FARM W A Y 12 FARM WAY 28 FAR M W A Y 40 FAR M W A Y 52 FARM W A Y 64 FAR M W A Y 76 FARM W A Y 45 NO R T H JEFFE R S O N R O A D 41 N O R T H JEFF E R S O N R O A D 51 N O R T H JE F F E R S O N R O A D 33 NO R T H JEFFE R S O N R O A D 29 NO R T H JEFF E R S O N R O A D 21 NO R T H JEFF E R S O N R O A D 17 N O R T H JEFF E R S O N R O A D 175ALLEN ROAD EAST 55 N O R T H JE F F E R S O N R O A D 63PROPOSED PROPERTYLINE TO BE DISSOLVED EXISTING CLASS IIIWETLAND 50' BUFFER PROPOSED 3 RAILFENCE AT WETLAND 10' SETBACK 10' SETBACK10' SETBACK80.64'205.19'27. 8 5 ' 52.45' R=115 . 0 ' R=100. 0'R=160.0'28.31'434.27'ACCIVIL ENGINEERING ASSOCIATES, INC.E10 MANSFIELD VIEW LANE, SOUTH BURLINGTON, VT 05403P: 802-864-2323 FAX: 802-864-2271 web: www.cea-vt.com DSMMAB 1" = 30' 01243.18 C2.0 LOCATION MAP 1" = 2000' PROPOSED CONDITIONS PLAN S.D. IRELAND COMPANIES 193 INDUSTRIAL AVENUE WILIISTON, VERMONT 05495 Dorse t StreetSpear StreetAllen Road Vermont NationalCountry Club Nowland Farm Road U.V.M. DorsetFarms SOUTH B U R L I N G T O N SHELB U R N E SITE SOUTH VILLAGE COMMUNITIES, LLC LOT 11 LEGEND FM E G ST S T W 100 EXISTING CONTOUR EXISTING CURB EXISTING GRAVEL EXISTING PAVEMENT EXISTING SWALE WETLANDS WETLANDS BUFFER EXISTING ELECTRIC EXISTING FORCEMAIN EXISTING GAS EXISTING STORM EXISTING GRAVITY SEWER EXISTING TELEPHONE EXISTING WATER STREAM EXISTING WELL EXISTING SEWER MANHOLE EXISTING STORM MANHOLE EXISTING CATCH BASIN EXISTING HYDRANT EXISTING SHUT OFF EXISTING UTILITY POLE EXISTING LIGHT POLE EXISTING GUY WIRE/POLE EXISTING SIGN EXISTING DECIDUOUS TREE EXISTING CONIFEROUS TREE EDGE OF BRUSH/WOODS APPROXIMATE SETBACK LINE APPROXIMATE PROPERTY LINE IRON ROD/PIPE FOUND CONCRETE MONUMENT FOUND W S D EXISTING YARD DRAIN ST S W PROPOSED PAVEMENT PROPOSED STORM PROPOSED GRAVITY SEWER PROPOSED WATER S PROPOSED SEWER MANHOLE PROPOSED CATCH BASIN PROPOSED PROPERTY LINE 11/13/2020 ANY BUILDINGS IMAGERY SHOWN IS FOR ILLUSTRATIVE PURPOSES ONLYPROPOSED YARD DRAIN PROPOSED HYDRANT PROPOSED SHUT OFF UE PROPOSED UNDERGROUND ELECTRIC BUILDINGS FOOTPRINTSARE LIKENESS ONLY DSM 01/06/21 DSM REVISIONS PER TOWN COMMENTS 01/26/21 DSM ADD ROAD CENTER LINE DIMENSIONS P:\AutoCADD Projects\2001\01243.18 - Lot 11\1-CADD Files-01243.18\dwg\01243.18-SITE.dwg, 1/26/2021 8:42:33 AM, DWG To PDF.pc3 EEW W EEEEEE E E E E E E E W W W W W WWWWW W W W W W W W W W W W W W W W W WWWST ST W WW W W W W W WWWWWS S S SSSSSSSSS STSTSTSTST ST ST UD UD UD UD UD UD UD UD UD UDSTS S D SS EEEEEEE E E EEE E E E E E EEEGG G G371 372 373 390 388387386385 384 383 381379380382375 375373374373 374 374376375381379380378377 3683673763753733743763753783773 76 3 7 5 374 37337 2378 377 3753 76 3753 78 37 7 380385390374378373 374 375 378377376 S S S S SEEEEEE CLASS 3 WETLAND(Classification byTina Heath on August 1, 2018) EX. FARM ROAD EX.CONCRETEENCASEMENT EX. ELEC. CABINET EX. HYDRANT TYP. EX. BARN WWWWWW W W STSSSSS S S PROPOSED FENCE PERLANDSCAPE PLAN CONNECT TO EXISTING REC PATH 15" CULVERTINV.=368.2 STSTSTSTST ST ST ST ST FDFDFDFD FD FD FD FDSTSTSTSTSTFDFD S S S S SW S W W S W W W S S S S UE UE UEUEUEUE UEUE UE UEUEUEUE UEUEUEUE UE UE UE UEUE 15" CULVERTINV.=369.5 EX. ELEC. CABINET ST MATCH EX. GRAVELROAD ELEVATION D PROPOSED FENCE PERLANDSCAPE PLAN NORTH JEFFERSON ROADALLEN ROAD EAST FORCE MAIN 15" HDPE 12" SDR 35 PVC4" PVC FORCE MAIN4" PVC 15" HD PE DOUGLAS LANEOPEN GREEN SPACE FARM WAYSOUTH JEFFERSON ROADDEWEY PLACE SLADE STREET100+00100+50101+00101+50102+00102+50103+00103+50104+ 0 0 104+50 105+00 105+50 10 6 + 0 0 10 6 + 2 6 . 0 5 + 378.4+ 379.8 381 + 380.5 0+000+501+001+502+002+503+003+504+004+48.55381 376EXISTING REC. PATH380380379375377+ 377.3 + 377.3 S=6.8 % S=8% S=5.9% S=7.5 % + 373.8.3 37 8 377 376 375 373 371 371 378379+ 372.5 + 377. 6 372 + 373.7 374 378 378377+ 377. 4 + 377.3 + 377.6 + 377.0 S=7.3 % S=5% 378 377 378378 378+ 376.3 + 376 . 0377376 + 374.2 + 372.7 + 376.2 376 + 374.0 S=5% + 377.6 377 376375374374377 373 377 377379 38 0 S=9% S=8% S=8% S=9% S=7.4%376S=7% + 380.2 380+ 379.9+ 379.6+ 380.3+ 379.3380 S=7% 382 383 379 378 381 380 379 379380 384+ 380.5+ 381.1+ 381.8+ 383.3S=8%381382383 383382 38 0 384 382S=2.7 % 383 382 382 383 384 382.5 +381380379.5 +379379380 380 381 384 384 384 383 383 383 382 382 382 382.5 +382S=2% 381 380 382 373378378378377379379 378 377 376 375 382.5 + 379 378 378378379378377 376 W S WS WS WS WS TT377.0 +381380380377 37 6 10 + 372.0 372.5 ++ 377.2 + 376.6 377 + 377.2S=2%S=2%37 6 S=2%S=2%+ 377.2 + 377.2 376.5 375.5 + 377.2 377+ 377.2 + 376. 2 375375.5 374.5 380.6 +378377376381 380379 377 376 375374 373372 371 371 + 377.2 + 376.6 37 5 382.5 +375378 380.9 +SWALE S=0.01374 + 379.3 37 9379 SWALE S=0.01SW A L E S = 0 . 0 1 376375377 378377 37 6 . 5 UEUEUE UE UE CITY 50' CLASS IIIWETLAND BUFFER STATE AND FEDERAL 0' CLASS III WETLAND BUFFER 0'-25' BUFFER SITE GRADING(500 S.F.±) 0'-25' BUFFERSTORMWATER GRADING(1,230 S.F.±) 25'-'50' BUFFERSTORMWATER GRADING (4,195 S.F.±) 25'-50' BUFFERSITE GRADING(1,875 S.F.±) 25'-50' BUFFER SITE GRADING(2,045 S.F.±) PHASE I APPROVED WETLAND ANDBUFFER IMPACT(15,145 S.F.±) 25' 50' 0'-25' BUFFERSITE GRADING(120 S.F.±) ACCIVIL ENGINEERING ASSOCIATES, INC.E10 MANSFIELD VIEW LANE, SOUTH BURLINGTON, VT 05403P: 802-864-2323 FAX: 802-864-2271 web: www.cea-vt.com DSMMAB 1" = 30' 01243.18 C2.4 12/02/2020 LOCATION MAP 1" = 2000' WETLAND BUFFER SUMMARY PLAN S.D. IRELAND COMPANIES 193 INDUSTRIAL AVENUE WILIISTON, VERMONT 05495 Dorse t StreetSpear StreetAllen Road Vermont NationalCountry Club Nowland Farm Road U.V.M. DorsetFarms SOUTH B U R L I N G T O N SHELB U R N E SITE SOUTH VILLAGE COMMUNITIES, LLC LOT 11 DSM BUILDINGS FOOTPRINTSARE LIKENESS ONLY 1 Marla Keene From:Robin Jeffers <robin@SDIRELAND.COM> Sent:Monday, May 3, 2021 4:08 PM To:Marla Keene Cc:Robin Jeffers Subject:EXTERNAL: May 18 DRB S. Village Reconsideration Attachments:ANR Wetland Classification.pdf; L-101 by TJ Boyle w mark-up.pdf; Two photographs 5.3.21.pdf This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Dear Marla and DRB Members, Thank you for your reconsideration of two items requested. Regarding the conditions of both items for consideration with language pertaining to ‘inclusionary’ units, our request is simply that the word ‘inclusionary’ be struck and replaced with ‘affordable’. This will have our conditions be in congruence with, and compatible with the LDR language regarding ‘affordable units’ as described in the sections regarding Density Bonus, which the South Village Units are conditioned upon, to avoid confusion with future applications and compliance. Regarding the condition #6 pertaining to wetland restoration and fence requirements; our request is to not have any fencing at all, or at minimum to fence only the small footprint of land that presents itself as different than the balance of lawn. To substantiate our request, we are submitting the following additional materials: 1) Agency of Natural Resources Wetland Classification from the State of VT’s wetland ecologist Tina Heath, which on page 2 clearly articulates that 1/3 to ½ of what are classified is ‘man made ditch’ and not a wetland. The classification report also clearly establishes the wetland has no value. Page 2 of the document contains a map of the area, and a small triangle is shaded in. This is the only area in the parcel that shows itself as wet at all. 2) Landscape Plan L‐101 by TJ Boyle set upon a Google Maps overlay were the small triangle is also penciled in, illustrating the size of the area, and its relationship to the whole project. 3) Two photographs taken May 3, 2021, showing the small triangle from Lot 11 looking westward across the lawn on LOT 11, and a second photo, showing the small triangle area up close, with it’s clearly articulated and plainly visible boundary. We believe the highest and best use of the green lawn area is for neighborhood recreation use, on LOT 11E as depicted on L‐101 as we originally requested, (this is LOT 48X on plats) and the balance of the area which is being ceded to the agricultural leasehold to be farmed, as it has been historically. We are amenable to fencing the triangle area at its boundaries as they are plainly visible and easy to locate. Any other choice, removes recreation area from the neighborhood. Our request is that the requirement for fencing the wetland and allowing it to regenerate itself naturally, be limited to the area of brown growth on the attached images only. Thank you again for your reconsideration of these requests. Sincerely, Robin Jeffers On behalf of South Village Communities LLC #SD-21-02 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SOUTH VILLAGE COMMUNITIES, LLC – 1840 SPEAR STREET PRELIMINARY AND FINAL PLAT APPLICATION #SD-21-02 FINDINGS OF FACT AND DECISION Preliminary and Final Plat Application #SD-21-02 of South Village Communities, LLC to subdivide four existing undeveloped lots totaling 23.2 acres into eight lots ranging from 0.3 acres to 14.1 acres, construct 22 homes in 11 buildings on Lot 11.1 (1.2 ac) and 11.2 (1.1 ac), and construct a permanent farm access road and pavilion on Lot 11C (1.20 ac), 1840 Spear Street The Development Review Board held public hearings on Tuesday, January 5, 2021 and Tuesday, February 2, 2021. Robin Jeffers, Patrick O’Brien and Dave Marshall represented the applicant. Based on testimony provided at the above mentioned public hearing and 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, South Village Communities, LLC, is seeking preliminary and final plat to subdivide four existing undeveloped lots totaling 23.2 acres into eight lots ranging from 0.3 acres to 14.1 acres, construct 22 homes in 11 buildings on Lot 11.1 (1.2 ac) and 11.2 (1.1 ac), and construct a permanent farm access road and pavilion on Lot 11C (1.20 ac), 1840 Spear Street 2. The owner of record of the subject property is South Village Communities, LLC 3. The application was received on December 11, 2020. 4. The subject property is located in the Southeast Quadrant-Neighborhood Residential Zoning. 5. The plans submitted consist of the following: Description Prepared By Last Revised Date Cover Sheet Civil Engineering Associates, Inc. 11/13/2020 PL-1 Proposed Modification of Subdivision Civil Engineering Associates, Inc. 11/13/2020 C1.0 Overall Site Plan Civil Engineering Associates, Inc. 11/12/2020 C1.1 Existing Conditions Plan Civil Engineering Associates, Inc. 11/12/2020 C2.0 Proposed Conditions Plan Civil Engineering Associates, Inc. 1/26/2021 C2.1 Proposed Grading & Drainage Plan Civil Engineering Associates, Inc. 11/13/2020 C2.2 Proposed Utility Plan Civil Engineering Associates, Inc. 11/13/2020 C2.3 Proposed Road Profiles Civil Engineering Associates, Inc. 11/13/2020 C2.4 Wetland Buffer Summary Plan Civil Engineering Associates, Inc. 12/2/2020 C3.0 EPSC Site Plan Civil Engineering Associates, Inc. 11/13/2020 C3.1 EPSC Narrative and Details Civil Engineering Associates, Inc. 11/13/2020 C4.0 Site Details Civil Engineering Associates, Inc. 11/13/2020 C4.1-4.3 Utility Details Civil Engineering Associates, Inc. 11/13/2020 C4.4 Stormwater Details Civil Engineering Associates, Inc. 11/13/2020 #SD-21-02 2 C5.0 -5.5 Specifications Civil Engineering Associates, Inc. 11/13/2020 L-200 Typical Planting & Landscape Details T. J. Boyle Associates, LLC 5/14/2020 L-100 Landscape Plan T. J. Boyle Associates, LLC 12/31/2020 L-101 Lighting Plan & Details T. J. Boyle Associates, LLC 12/31/2020 6. The Board reviewed the sketch plan application for this project on September 1, 2020. The applicant has submitted an application for master plan amendment concurrently with this application (#MP-21-01). 7. The Board, in #MS-19-30, approved an overall affordability plan for South Village. Some of the findings of #MS-19-30 relevant to this application are as follows: In lieu of constructing a school on Lot 11, the applicant must include on Lot 11 a replacement community anchoring element, of a type to be determined at the time of that application The applicant is proposing a community pavilion and to grade out a moderately level field area, discussed below. Lot 11 is approved for up to 22 units, subject to site plan review. The applicant must include at least 6 and no more than 11 units of affordable housing in duplex or single family homes on Lot 11, and those affordable units must be built at a ratio of one affordable to one market rate until all affordable units on Lot 11 are constructed. 8. Master plan #MP-05-02 is the most recently approved comprehensive master plan; there have been minor amendments since that time. Phase 1 of the project, of which Lot 11 is a part, was originally approved with #SD-06-21, though there have been several minor amendments since that time. 9. This application is for a block of land known collectively as Lot 11 and includes lands bordered on the west by Spear Street, the south by Allen Road East, the east by North Jefferson Road, and the north by a farm. This application seeks to subdivide these lands into eight parcels, four of which are proposed for development as part of this application, two of which will be the subject of future site plan applications, one which will become part of the farm, and one which consists predominantly of wetlands and which will be developed with a pavilion. 10. The applicant is concurrently seeking master plan approval for increasing the maximum allowable coverage from 13.9% to 20%, removing the educational facility, adding mixed use, removing the requirement to construct additional dedicated southbound turn lanes on Spear Street, and reducing the total unit count from 334 to 321. 11. This application is subject to Interim Zoning. The Interim Zoning requirements apply to new preliminary or final plats submitted while Interim Zoning is in effect. Therefore in addition to DRB approval, the applicant must seek and obtain City Council approval for the proposed development prior to issuance of the first zoning permit. A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS The project is located in the Southeast Quadrant - Neighborhood Residential (SEQ-NR) sub-district. The dimensional standards outlined in Table C-2 of the Land Development Regulations were altered though the Master Plan approval process for the subject property. The approved waivers are outlined in the decision #SD-21-02 3 and findings of fact for Master Plan #MP-05-02 and duplicated below. • Single-family minimum lot size from 12,000 square feet to 3,600 square feet • Single-family maximum building coverage from 15% to 42% (Increased to 50% in MP-09-01) • Single-family maximum lot coverage from 30% to 61% • Single-family front yard setback from 20' to 10' • Single-family rear yard setback from 30' to 10' (5' for rear lanes) • Multi-family maximum building coverage from 15% to 50% • Multi-family maximum lot coverage from 30% to 65% • Multi-family front yard setback from 20' to 10' • Multi-family rear yard setback from 30' to 5' The proposed lots meet the minimum required lot size. On Lot 11.1 and 11.2, the applicant is proposing duplexes on a shared lot. The master plan approval did not grant waivers of lot size or setbacks for two-family homes. The minimum lot size for duplexes is therefore 24,000 sf, with front side and rear setbacks of 20, 10 and 30 feet, respectively. As proposed, the lots have fronts on the western road, referred to by the applicant as Farm Way1, on Allen Road East, and on North Jefferson Road. The applicant is generally meeting the required setbacks, with the exception of one or two units on Farm Way which do not meet front setback minimums by a couple of feet. Nonetheless, the applicant has requested a waiver of front, side, and rear setbacks to 10, 5 and 5 feet, respectively. The applicant has modified their proposed conditions site plan, Sheet C2.0, to show the requested front setback line, applicable to Allen Road East, North Jefferson Road, and “Farm Way.” On Allen Road East and North Jefferson Road, there are three nearly lines shown with the same dash-dot-dash linetype. The thicker black line represents the requested setback, while the applicant testified that other lines represent an electrical easement. The electrical easement is shown on submitted plan PL-2 as existing 10-ft wide measured from the proposed property line, proposed 15-ft wide along Allen Road East and no modification to existing along North Jefferson Road. The Board finds the applicant must correct the location of the electrical easement lines, add appropriate labels, and provide a more distinct line type for the setback. The Board approves the applicant’s setback waiver requests, making the required minimum setbacks as follows. Front setback 10 ft, Side setback 5 ft, Rear setback 5 ft. In terms of coverage, the applicant is proposing the following coverages. Building Coverage Total Coverage Lot 11.1 25.5% 42.9% Lot 11.2 23.4% 41.4% Maximum allowable building and lot coverage without waiver is 15% and 30%, respectively. The Board approves the proposed lot coverages for Lots 11.1 and 11.2, but finds the standard lot coverages remain applicable to lots 11A, 11B, 48X and 11C. The applicant may request lot coverage waivers for those lots accompanied by a proposed site plan showing how the lot will be developed. 1 Here and throughout the document, the Board has used the road names provided by the applicant for clarity. The Planning Commission is the authority which determines road names, therefore road names referenced herein are subject to change. #SD-21-02 4 B) SOUTHEAST QUADRANT DISTRICT This proposed subdivision is located in the southeast quadrant 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: 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, creating or enhancing stream buffer areas, or creating or enhancing buffers for primary or secondary natural communities. Open spaces were created in MP-05-02 and appear to have been modified by subsequent approvals, though specific findings on modifications do not appear to have been made. This application continues to protect the most recently approved open spaces and therefore previously approved findings on this criterion are not affected by the current proposal. (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. The Regulating Plan for the Southeast Quadrant is described in 9.07 and discussed below. Though this particular standard was not in place at the time of master plan approval, #MP-05-02 found that development areas are located so as to maximize the aesthetic values of the property in keeping with the Comprehensive Plan goal of preserving and enhancing the open character, natural areas, and scenic views of the Quadrant, while allowing carefully planned development. On an overall basis, the average density remains below that which is permitted in the sub-district, and coverage is consistent with the waivers approved as part of the Master Plan except as discussed above pertaining to two- family homes. The Board finds this criterion met. (3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant. As part of #MP-05-02, the applicant submitted an open space and natural area management plan for the entire subject property. This document is entitled “South Village – South Burlington, Vermont – Community Land Management Plan,” dated November 2004. Master plan condition #9 stipulated that the applicant submit a plan for the management and maintenance of the dedicated open spaces created through the Master Plan prior to final plat approval for Phase 1. Final plat approval SD-06-21, granted on May 3, 2006, references this plan. The Board finds the proposed development does not preclude compliance with this approved plan. (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. The applicant has provided an erosion prevention and sediment control plan and must adhere to the standards in Article 16. The Board finds this criterion met. (5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or #SD-21-02 5 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. The project is bounded by the farm to the north, wetlands to the west, and a roadway to the south and east. No landscaping or fencing is proposed to delineate the wetland buffer. The applicant testified that the wetland is not an important wetland and thus doesn’t warrant protection. They offered to fence the wetland itself but want to maintain the buffer as an open recreational area. The Director of Recreation and Parks and the Recreation and Park Committee Liaison to the DRB provided the following verbal feedback to Staff regarding the pavilion on 1/19/2021. • The pavilion appears to be floating in space. Will this reimagining of the tent be popular once it is farther from the farm? • This isn't where you'd generally want to put it, but if this is the only option, then the available space should include the buffer. With the buffer protected, the area is too small to be useable. Better to enhance other community elements. Could pavilion replace tent in place? Could it be moved towards the north side of the portion of Lot 11 to be ceded to the farm? This would connect it to active open spaces On 1/26/2021, the applicant provided the following response to this feedback via email. The existing tent on Lot 11 was and is popular. There is not a tent on the farm. The farm has its own pavilion, constructed last year, adjacent to their Growing Gardens location. The Tent specifically is used for Pot Lucks of the neighborhood, Birthday Celebrations, Picnics, AM Yoga, HOA Board meetings, SVCSF Board Meetings, and other neighborhood celebrations and gatherings. The HOA maintains a ‘reservation calendar’ for special events. It is open for picnicking and shaded outdoor gatherings full time for non-reserved gatherings and use. The Tent has always been on Lot 11 and that is why the pavilion location was selected, along with Paul Connors suggestion that it be located on Lot 11 where its currently planned in past conversations. The HOA and Stewardship Boards were also consulted and concurred the proposed location was the best to meet the needs of the neighborhood. The applicant further testified that there is a pavilion on the farm which will remain, and that the proposed pavilion is to replace a tent that is in the location of the proposed development on Lot 11.1. While acknowledging the comments of the Recreation and Parks committee, the Board finds the proposed pavilion location to be an acceptable proposal for a community anchoring element in compliance with #MS-19-03. In order to protect the wetland, the Board finds that the applicant shall continue the fence proposed along the wetland west of the pavilion, along the wetland boundary south of the pavilion extending eastward to the northernmost “point” of the wetland south of the pavilion and from there perpendicular to the lot line extending to the high point of land before the grading drops down into the proposed drainage swale. The Board finds the applicant shall be required to allow the area south and west of the fence to revegetate naturally, though removal of invasive species shall be allowed. The applicant shall record a notice of conditions to this effect prior to recording the plat. 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 #SD-21-02 6 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 Farm at South Village is located on the north of the subject property and continues to be operated as envisioned. This standard is satisfied from master plan approval. 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. The official map provides a road and recreation path in this general vicinity. The road has already been constructed. It appears this project proposes to complete the remaining segment of recreation path, though a small portion of the path at the western edge is beyond the edge of the plan. The Board finds the applicant must modify their plans to show that the recreation path will be connected, including showing the connection on the grading and landscaping plans. (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 requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. The applicant has provided an estimate of water and wastewater flows for the 22 proposed homes. It appears the most recent wastewater allocation for Phase 1 was received in 2006 for 84 units, specifically excluding allocation for the multifamily buildings and the school. Since the 22 currently proposed units are proposed in lieu of the school, the applicant must obtain additional final water and wastewater allocation for the proposed 22 units. The South Burlington Water Department reviewed the plans on 12/22/2020 and offers the following comments. 1. Add the following note to the utility plans: “All water lines and appurtenances shall be installed in accordance with the Champlain Water District Specifications and Details for the Installation of Water Lines and Appurtenances, current edition, henceforth CWD Specifications.” 2. See CWD Specifications for tapping sleeve and valve requirements. 3. The hydrant being located on Allen Road East shall be installed on the existing 6” stub, thus avoiding the addition or abandonment of unnecessary infrastructure in this area. 4. The hydrant being relocated shall have its valve closed, a cap attached to the valve with a foster gland, all encased in V-Bio poly wrap, with a precast thrust bloc installed against the cap. Ties shall be taken and shown on As-Builts and the valve shall be buried. 5. See CWD Specifications for fire hydrant requirements, 6. Cor-Blue T-bolts and nuts are required for underground installations. 7. No water services or curb stops shall be located within driveways. 8. A pre-construction meeting shall be held with the SBWD no less than 7 days prior to the initiation of any water line or appurtenance work. #SD-21-02 7 The Board finds the applicant must modify their plans to comply with the comments of the South Burlington Water Department. Staff notes the South Burlington Water Department has also provided these comments as markups on a plan, which the applicant may request from Staff. (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. (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. The western road and the central alley are proposed to remain private. 15.12D(3) requires that private roadways serve five or fewer single family or duplex dwellings, and nine or fewer dwelling units. Section 15.12D(3) is met. The property line on Allen Road East and North Jefferson Road is located within the proposed 10- foot wide recreation by about 1 foot. The recreation path should not be located within private property. The applicant has updated some of their plans to move the rec path to be wholly within the ROW. The Board finds the applicant must update the rest of their plans to reflect this change. (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 Fire Chief reviewed the plans on 12/29/2020 and indicated there are no comments. 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. This criterion was found at the master plan level to need further review under applications for individual phases. The Board indicated at sketch that the homes on Lot 11 should front on either North Jefferson Road (for the eastern homes) or the farm access road (for the western homes). All of the homes are proposed to be rear loaded with garages accessed via a central alley, similar to homes in Phase I of South Village. The farm access road is proposed to be gravel and connects to the existing farm access road at its north end. There is a proposed sidewalk on the farm access road, and as noted above, the recreation path shown on the official map is proposed to be completed with this project. The proposed addition of 22 homes will result in less traffic than the previously approved school. The Board finds this criterion met. (1) Roads shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. On Lots 11.1 and 11.2, the farm access road is proposed to be 12-feet of gravel and the lane is proposed to be 20-feet wide, uncurbed, and paved. Utilities are proposed to be served via the lane. #SD-21-02 8 There is a recreation path along North Jefferson Road adjacent to existing street trees. As noted above, approximately 1-foot of the recreation path was originally proposed on the development lot, which must be updated on all plan sheets. The Board finds the applicant shall revise their erosion prevention and sediment control plan to reflect existing street trees along North Jefferson Road and to provide tree protection, including a tree protection detail, to be reviewed and approved by the City Arborist prior to recording the mylar. (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. The proposed parallel parking spaces on the farm access road are shown as demarcated with striping. Striping does not persist on gravel, therefore the Board finds the applicant must remove the striping from the plans prior to recording the mylar. (3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and neighborhoods shall apply. 15.12(D)(4) requires that if the DRB finds that a roadway or recreation path extension or connection to an adjacent property may or could occur in the future, the DRB shall require the applicant to construct the roadway to the property line or contribute the cost of completing the roadway connection. This criterion is not applicable. 9.07 Regulating Plans 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. (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. #SD-21-02 9 (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 proposing a community pavilion on Lot 11C. The pavilion is located in an area surrounded by wetland buffer to the south and west, by the farm access road to the east and by the farm, delineated by fencing, to the north. The total area outside of the wetland buffer and farm is around 8,900 sf, which is traversed by two drainage swales. The pavilion itself is approximately 770 sf. As noted above, #MS-19-30 requires the applicant to provide a community anchoring element on Lot 11. LDR 9.07D sets the goal of providing a park within ¼ mile of all homes in the SEQ. Parks should provide a car-free destination and enhance each neighborhood’s quality of life. South Village is dedicating a soccer field, discussed under SD-20-31. With consideration for the goals of parks in the SEQ, the applicant at sketch described the use of the pavilion as a replacement for a temporary tent currently in use at the barn. The Board directed the applicant to refine their design pertaining to access and any needed parking for drop-off, those with reduced mobility, etc. The applicant indicated they would solicit input from the community on these considerations. Recreation and park committee feedback on the pavilion is noted above. The Board finds these criteria met. 9.08 SEQ-NR Sub-District; Specific Standards The SEQ-NR 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; see Figure 9-2 for example. If longer block lengths are unavoidable blocks 500 feet or longer must include mid-block public sidewalk or recreation path connections. Development blocks should be no longer than 500-feet. As configured, the lane is more than 500-feet long, while the farm access is slightly less along Lot 11 (though it is significantly more when its entire length is considered). The length of the farm access is unavoidable. The applicant has provided a mid- block pedestrian connection along the Lane. The Board finds this criterion met. (2) Interconnection of Streets. Average spacing between intersections shall be 300 to 500 feet. Dead end streets (e.g. culs de sac) are discouraged. Dead end streets may not exceed 200 feet in length. 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). #SD-21-02 10 Dead end streets are not proposed. This criterion is not applicable. (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. Street stubs are not proposed. This criterion is not applicable. (4) Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. Homes are proposed to be on shared lots. The general configuration of space allocated to each home to meet this criterion. The Board waives compliance with this criterion. B. Street, Sidewalk & Parking Standards (1) Street dimensions and cross sections. Neighborhood streets (collector and local) 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 below. The proposed one-way nature of the farm access road supports this criterion. One-way streets are not contemplated in the LDRs, therefore no dimensional standards are available. The Board accepts the proposed roadway cross sections. (2) Sidewalks. 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. Sidewalks are required on one side of the street. This criterion is met with the recreation path located entirely within the street ROW. (3) Street Trees Street trees are required along all streets in a planting strip a minimum of five feet wide. Street trees 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 reviewed the plans on 12/21/2020 and offers the following comments. 1. Japanese Tree lilacs between sidewalk and Farm Way will provide clearance issues recommend taller trees 2. Crabapples along sidewalks will have clearance issues. This is particularly problematic if these are city sidewalks as the trees will be private trees In response to these comments, the applicant modified the trees from lilac trees to columnar sergeant cherry trees. The City Arborist reviewed the proposed change from lilac trees to columnar sergeant cherry trees on 1/19 and noted that the change addresses his concerns. (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. On-street parking is not provided except a limited number of spaces in proximity to the pavilion. For consistency with no on-street parking elsewhere in South Village, the Board approves the roads as configured. (5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and to #SD-21-02 11 slow traffic; see Figure 9-6 and Section 9.08(B)(5). The Board finds this criterion 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. Lighting is proposed at the intersections of the farm access road with Allen Road east, of the alley with Allen Road East and of the alley with North Jefferson Road. The poles are proposed to be 12-feet high. The Director of Public works provided the following feedback on the pedestrian scale light fixture at the corner of what is indicated on the plans as “Farm Way” and Allen Road East. I like the idea of this scale lighting at this crosswalk location. However, we do not want fixtures mounted off bracket arms on corners, they tend to be targets for large-scale vehicles. I’m happy to work with the applicant to find an appropriate light that isn’t bracketed, though I assume the same supplier can offer suggestions for us. The Board finds the applicant shall modify the plans to provide a pole-mounted replacement light fixture in this location. 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. (Special design guidelines apply to arterial streets). At sketch, the Board directed the applicant to make the farm access road the front of the homes, which required emphasizing the road over the alley. The access road continues to be narrower than the alley, and unpaved while the alley is paved, but the applicant has added ten parallel parking spaces along the farm access road. The access road also has a sidewalk while the alley does not. Landscaping appears to have equal density along both the access road and the sidewalk. The Board finds the applicant has successfully made it apparent that the homes on Lot 11.1 face the access road rather than the alley. The applicant has requested waiver of the requirement to provide elevations of proposed structures in order to keep costs down, however they have provided “sample” elevations of homes they constructed at Bayberry Commons in Burlington. The Board grants the requested waiver of this application requirement. The Board finds the provided sample elevations create a street-facing orientation, and the actual homes constructed must include at least the following elements of the sample homes • doors must face the street • porches with sloped roofs must be used • multiple fenestrations must be present on each story for each unit • stabilized (ie not grass) walkways should extend from each door to the sidewalk. The applicant provided, at the Board’s request, specific elevations for the homes facing Allen Road East to demonstrate how street facing presence can be achieved. Generally, elevations of all homes #SD-21-02 12 proposed as part of a PUD are required. The purpose of providing elevations of these two homes is to ensure the homes are oriented towards the street on both the Allen Road East and on second streets they face. The applicant provided a corner duplex likeness elevation on 1/26/2021, accompanied by the following discussion. Please find attached elevation likeness for how a unit on the corner of Allen Road East and Farm Way would present, to have two ‘fronts’, one on Allen Rd E and one on Farm Way, each unit would have a ‘front door’ and front porch facing the common element and walk connecting to that common element. There are currently five existing corner duplex at South Village, however they are all front load garages. These will be rear load garages. The rear load garage presents as a side load garage from the Allen Rd E perspective. The attached are ‘likeness’, as the SV Design Standards do not allow for two like plans to be next door to one another, but do demand, front door to face common elements, be gracious, etc. It’s the intention that the mock-up illustrate how this will be accomplished, and the perspective from each ‘front’ view. Looks may change between units on siding, color, shutters/no shutters, fenestration, etc. The design review standards were developed by and with Staff and the DRB to meet stringent design controls and provide guidance for differentiation alike and South Village ‘vernacular’. The applicant testified that the South Village Design Review Standards ensure the SEQ design standards are met. The Board finds the applicant must record a notice of conditions applying the South Village Design Review Standards to this project, which will result in this criterion being met. The Board finds the actual construction of these homes shall include relevant presented details needed to achieve street presence, including porches, doors and multiple roof pitches on each street-facing façade. The South Village Design Review Standards requires no blank walls of more than 20-feet. (2) Building Façades. Building facades are encouraged to employ a theme and variation approach. Buildings should include common elements to appear unified, but façades 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. As noted above, no architectural elevations have been provided. The approved South Village Design Review Standards prevent identical homes within three lots of one another. As noted above, the Board finds the South Village Design Review Standards shall apply to this project, which will result in this criterion being 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 be set back twenty-five feet (25’) from the back of sidewalk. As part of its Master Plan approval the front setback for both single family homes and multi-family units was reduced from 20 ft. to 10 ft. No such waiver was granted for two-family homes. See discussion above under Zoning District and Dimensional Standards. Buildings are set back about 21 feet from back of sidewalk, with the porch set back around 15 feet from the back of sidewalk. This proposed configuration is consistent with the purpose of this criterion. The Board finds the proposed the distance between building and sidewalk acceptable. (b) Porches, stoops, and balconies may project up to eight feet (8’) into the front setbacks. As discussed above under dimensional standards, the Board grants a front setback waiver from 20- feet to 10-ft. Porches are proposed to be approximately 6-feet deep. The Board finds that porches #SD-21-02 13 may not protrude into the reduced front setback. (4) Placement of Garages and Parking. for garages with a vehicle entrance that faces a front lot line, the façade 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. Garages are not proposed to face a front lot line. This criterion is met. (6) 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. This criterion is met for Phase I as a whole. The Board finds similar housing styles within Lot 11.1 and 11.2 to be acceptable. C) 18.03 AFFORDABLE HOUSING DENSITY BONUS In its decision on MS-19-03, the Development Review Board laid out the following parameters that the project must to adhere to in order to be considered as meeting the requirements of 18.02. Lot 11 is approved for up to 22 units, subject to site plan review. The applicant must include at least 6 and no more than 11 units of affordable housing in duplex or single family homes on Lot 11, and those affordable units must be built at a ratio of one affordable to one market rate until all affordable units on Lot 11 are constructed. MS-20-02A further states that “the floor area (as defined herein) of affordable units on Lot 11 shall be no less than that of market-rate units of the same type (single family, duplex, three family) on Lots 11 and 48N.” While it is possible this information could be provided as zoning permits are issued, experience has shown that the applicant sells development lots to builders who then determine what building to construct, and allowing compliance with this criterion to be demonstrated at the time of zoning permit application would mean compliance can no longer be guaranteed by this applicant. The Board finds the applicant must submit zoning permits in pairs of one affordable and one market rate unit, with each “pair” of market rate and affordable units be required to have the same floor area as one another, but the floor area be allowed to differ between pairs. The affordability requirements laid out by prior approvals and by the regulations at the time this application was submitted shall be met. D) SUBDIVISION STANDARDS The general standards applicable to this subdivision are as follows. (1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. See discussion under 9.06D(1) above. (2) Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous #SD-21-02 14 conditions on the subject property and adjacent properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. See discussion under 9.06B(4) above. (3) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB 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. See discussion under 9.06E above. (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. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. This criterion was found to be met at master plan. See discussion under 9.06B(5) above. (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 purpose of the SEQ is as follows. The Southeast Quadrant District (SEQ) is hereby formed in order to encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued agricultural use, and well as planned residential use in the largely undeveloped area of the City known as the Southeast Quadrant. The open character and scenic views offered in this area have long been recognized as very special and unique resources in the City and worthy of protection. The location and clustering of buildings and lots in a manner that in the judgment of the Development Review Board will best preserve the open space character of this area shall be encouraged. This criterion was found to be met at master plan. (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. This criterion was found to be met at master plan. See discussion under 9.06B(1) above. (7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval including, but not be 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. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. See discussion under 9.06D(4) above. #SD-21-02 15 (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 properties. (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. See discussion under 9.06D(2) and (3) above. (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). 9.02 specifically states that the SEQ regulations implement the relevant provisions of the Comprehensive Plan. In the event of a conflict between the Southeast Quadrant chapter and other provisions of the Comprehensive Plan, the Southeast Quadrant chapter shall control. This criterion was found to be met at master plan level. E) SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require 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 the proposed development to the City of South Burlington Comprehensive Plan. The Board finds this criterion met. (B)(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. As discussed above, it does not appear the development of Phase 1 is governed by the South Village Design Review Standards. Compliance with this criterion will be ensured by the South Village Design Review Standards. (B)(2) Parking: Single and two-family homes are not subject to this standard. (B)(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 adjoining buildings. The Board finds this criterion met. (C)(1) The Board shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. Compliance with this criterion will be ensured by the South Village Design Review Standards. (C)(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. #SD-21-02 16 The Board finds this criterion met. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (A) 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 of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The Board finds no additional easements are needed for this project. (B) 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 South Burlington Land Development Regulations, any new utility lines shall be underground. Plans submitted as part of this application show underground utility lines are proposed. The Board finds this criterion met. (C) Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, 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). Small receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. This criterion is not applicable. (D) Landscaping and Screening Requirements Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to planned unit development review. The minimum landscape requirement for this project is determined by Table 13-9 of the South Burlington Land Development Regulations. The applicant estimates the building cost to be $2,870,000. The required minimum landscape value is therefore $36,200, as follows. Total Building Construction Cost % of total Construction Cost Required Value $0 - $250,000 3% $7,500 Next $250,000 2% $5,000 Additional Over $500,000 1% $23,700 Total $36,200 The applicant is proposing $25,631.38 in trees and shrubs. They are also requesting credit for a vinyl fence with an estimated installed cost of $8,167.82. They are also proposing a pavilion. While the Board finds the full value of the vinyl fence does not contribute to the minimum landscaping value, the Board finds that taken together, the total trees and shrubs and pavilion is more than the minimum required landscaping budget therefore the landscaping is acceptable as proposed. The applicant shall be required post a landscaping bond for $25,631.38 in plantings in accordance with the methodology in LDR 15.15B. Utility cabinets are required to be screened. 13.06C(2) requires such screening to be a permanently maintained landscape of evergreen or a mix of evergreen and deciduous trees and shrubs, and/or a solid #SD-21-02 17 fence. The applicant is proposing a mix of evergreen and deciduous shrubs and grasses. The Board accepts the proposed utility screening. 13.06G(2) requires there to be a mix of large canopy tree species within each landscaping plan. City Arborist comments pertaining to tree selection are noted above. (E) Modification of Standards. Except within the City Center Form Based Code District, where the limitations of a site may cause unusual hardship in complying with any of the standards above and waiver therefrom will not endanger the public health, safety or welfare, the Development Review Board may modify such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met. However, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. Setback and lot coverage waiver requests are discussed under dimensional standards above. Relief from the requirement to provide architectural elevations is discussed under Residential Design standards above. Lot ratios are discussed in the SEQ standards. (F) Low Impact Development. The use of low impact site design strategies that minimize site disturbance, and that integrate structures, landscaping, natural hydrologic functions, and various other techniques to minimize runoff from impervious surfaces and to infiltrate precipitation into underlying soils and groundwater as close as is reasonable practicable to where it hits the ground, is required pursuant to the standards contained within Article 12. The Assistant Stormwater Superintendent reviewed the application on 12/23/2020 and asks the Board include a condition requiring the applicant to regularly maintain all stormwater infrastructure. F) OTHER E911 Addresses The applicant provided E911 addresses on Plan Sheet C2.0. These addresses should be revised to reflect 5.28 feet per digit. The Board finds the applicant must revise the addresses prior to recording the mylar. Energy Standards All new buildings are subject to the Stretch Energy Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. DECISION Motion by Dawn Philibert, seconded by Brian Sullivan, to approve Preliminary and Final Plat Application #SD-21-02 of South Village Communities, LLC subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. #SD-21-02 18 3. The plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. addresses shall be revised to reflect 5.28 feet per digit with evens on the left b. on Sheet C2.0, correct the location of the electrical easement lines, add appropriate labels, and provide a more distinct line type for the setback c. continue the fence proposed along the wetland west of the pavilion, along the wetland boundary south of the pavilion extending eastward to the northernmost “point” of the wetland south of the pavilion and from there perpendicular to the lot line extending to the high point of land before the grading drops down into the proposed drainage swale. d. modify all relevant plan sheets to show that the recreation path will be connected to the existing recreation path e. modify plans to address the comments of the South Burlington Water Department, subject to their review and approval f. update all relevant plan sheets to show recreation path wholly within the right of way g. revise erosion prevention and sediment control plan to reflect existing street trees along North Jefferson Road and to provide tree protection, including a tree protection detail, to be reviewed and approved by the City Arborist h. remove pavement striping from the gravel road i. provide a pole-mounted light fixture at “Farm Road” and Allen Road East 4. The following waivers are granted a. front setback from 20 ft to 10 ft b. side setback from 10 ft to 5 ft c. rear setback from 30 ft to 5 ft d. building coverage on Lot 11.1 from 15% to 25.5% and overall lot coverage from 20% to 42.9% e. building coverage on lot 11.2 from 15% to 23.4% and overall lot coverage from 30% to 41.4% f. the lot width to depth ratio from 1:2 to what is shown on the provided plans 5. Porches may not protrude into the reduced front setback. 6. The area south and west of the fence on Lot 48X shall be allowed to revegetate naturally, though removal of invasive species shall be allowed. The applicant shall record a notice of conditions to this effect, subject to review and approval of the City Attorney, prior to recording the mylar. 7. A pre-construction meeting shall be held with the SBWD no less than 7 days prior to the initiation of any water line or appurtenance work. 8. The actual homes constructed must include at least the following elements of the sample homes doors must face the street porches with sloped roofs must be used #SD-21-02 19 multiple fenestrations must be present on each story for each unit stabilized (ie not grass) walkways should extend from each door to the sidewalk 9. The homes facing Allen Road East shall include, at minimum, relevant details presented to achieve street presence, including porches, doors and multiple roof pitches on each street-facing façade. 10. A digital PDF version of the full set of approved final plans must be delivered to the Administrative Officer before recording the mylar. 11. Any changes to the plan will require approval of the South Burlington Development Review Board or Administrative Officer. 12. The Proposed Conditions Plan (Sheet C2.0) must be recorded in the land records within 180 days or this approval is null and void. The plan must be signed by the Board Chair or Clerk prior to recording. 13. The mylar must be recorded prior to zoning permit issuance. 14. The proposed roadway shall remain private. The applicant shall record a notice of conditions to this effect, subject to review and approval of the City Attorney. 15. Management of the open space east of the homes shall be the responsibility of the HOA. 16. A zoning permit must be obtained for the first building within six (6) months of approval with the option for requesting a one (1) year extension. The applicant has three (3) years to obtain a zoning permit for all buildings after which time this approval shall expire. 17. The applicant must receive a street name from the Planning Commission prior to issuance of the first zoning permit. 18. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 19. Prior to issuance of a zoning permit, the applicant must post a landscaping bond for $25,631.38 in plantings in accordance with the methodology in LDR 15.15B. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 20. The applicant shall be required to maintain the approved street trees on public and private streets in a vigorous growing condition. 21. The applicant must regularly maintain all stormwater drainage and treatment infrastructure. 22. The applicant must obtain final water and wastewater allocation prior to issuance of a zoning permit for each building 23. The applicant shall obtain Planning Commission approval for street names prior to issuance of the first zoning permit. 24. No fewer than eleven (11) homes must meet the affordability requirements of 18.02. 25. The applicant must submit zoning permits in pairs of one affordable and one market rate unit, with each “pair” of market rate and affordable units be required to have the same floor area as one another, but the floor area be allowed to differ between pairs. 26. The applicant shall demonstrate compliance with the ongoing affordability and reporting requirements of 18.01D(5) and (6) prior to issuance of a zoning permit for each inclusionary unit, or