HomeMy WebLinkAboutAgenda 06_SD-21-03_1840 Spear St_South Village Lot 48N
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-21-03 1840 Spear St South Village – Lot 48N Preliminary and
Final Plat
DATE: May 18, 2021
On April 6, 2021, the Board voted to reopen #SD-21-03 for the purpose of taking additional testimony on
affordable vs. inclusionary units. The Board’s discussion must be limited to that subject. The applicant did not
submit any supplemental information supporting their request.
Application #SD-21-03 was approved on March 5, 2021. The approval is included in the packet.
PROJECT DESCRPTION:
Reconsideration of Preliminary and Final plat application #SD-21-03 of South Village Communities, to subdivide
an existing 1.92 acre lot into five lots ranging from 0.14 acres to 0.67 acres, and to append 0.18 acres to an
existing 12.68 acre agricultural lot for the purpose of developing a two-family home on each of lots 92 to 95,
establishing the fifth lot as permanent open space, and expanding the existing agricultural lot. The
reconsideration is limited to condition #22 pertaining to affordable vs. inclusionary units, 1840 Spear Street.
AFFORDABLE VS. INCLUSIONARY UNITS:
#SD-21-03 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 #22 of SD-21-03 reads as follows.
22. 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.
Recommendation
Staff recommends the Board discuss the project with the applicant and conclude the hearing.
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC – 1840 SPEAR STREET
PRELIMINARY & FINAL PLAT APPLICATION #SD-21-03
FINDINGS OF FACT AND DECISION
Preliminary and Final plat application #SD-20-29 of South Village Communities, to subdivide an existing
1.92 acre lot into five lots ranging from 0.14 acres to 0.67 acres, and to append 0.18 acres to an existing
12.68 acre agricultural lot for the purpose of developing a two-family home on each of lots 92 to 95,
establishing the fifth lot as permanent open space, and expanding the existing agricultural lot, 1840
Spear Street.
The Development Review Board held public hearings on Tuesday, January 5, 2021 and Tuesday,
February 2, 2021. 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 to subdivide an existing 1.92 acre lot
into five lots ranging from 0.14 acres to 0.67 acres, and to append 0.18 acres to an existing 12.68
acre agricultural lot for the purpose of developing a two-family home on each of lots 92 to 95,
establishing the fifth lot as permanent open space, and expanding the existing agricultural lot,
1840 Spear Street.
2. The owner of record of the subject property is South Village Communities, LLC
3. The application was received on December 4, 2020.
4. The subject property is located in the Southeast Quadrant-Neighborhood Residential Zoning
District.
5. The plans submitted consist of the following:
Plan Name 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
PL-2 Proposed Modification of
Subdivision
Civil Engineering Associates, Inc. 11/13/2020
C1.0 Overall Site Plan Civil Engineering Associates, Inc. 11/13/2020
C1.1 Existing Conditions Plan Civil Engineering Associates, Inc. 11/13/2020
C2.0 Proposed Conditions Plan Civil Engineering Associates, Inc. 01/06/2021
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 Road Profile Civil Engineering Associates, Inc. 11/13/2020
C2.4 Fire Truck Turning Site Plan Civil Engineering Associates, Inc. 11/13/2020
C3.0 EPSC Site Plan Civil Engineering Associates, Inc. 11/13/2020
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C3.1 EPSC Narrative & Details Civil Engineering Associates, Inc. 11/13/2020
C4.0 Site Details Civil Engineering Associates, Inc. 11/13/2020
C4.1-C4.2 Utility Details Civil Engineering Associates, Inc. 11/13/2020
C5.0-C5.5 Specifications Civil Engineering Associates, Inc. 11/13/2020
L-100 Landscape Plan T. J. Boyle Associates, LLC 12/31/2020
L-101 Lighting Plan & Details T. J. Boyle Associates, LLC 05/14/2020
L-200 Landscape Details T. J. Boyle Associates, LLC 05/14/2020
6. The Board reviewed the sketch plan application for this project on September 1, 2020. The
Project received its most recent master plan amendment in 2014 (#MP-14-01) and has applied
for a concurrent master plan amendment, #MP-21-01.
7. The Board, in #MS-19-30, approved an overall affordability plan for South Village. A finding of
#MS-19-30 relevant to this application is:
The Board approves Lot 48N for up to 9 units, subject to site plan review. The applicant must
include at least 3 and no more than 4 units of affordable housing in triplex, duplex or single
family homes, and those affordable units must be built at a ratio of one affordable to one
market rate until all affordable units on Lot 48N 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 2 of the project, of which Lot 48N is a part, was
originally approved with #SD-14-33, though there have been several minor amendments since
that time. The originally approved conceptual configuration for Lot 48N included two twelve-
family homes with a shared access via North Jefferson Road. It appears #SD-15-32 approved the
current configuration of Lot 48N and disconnected it from North Jefferson Road by an
intervening open space lot. At that time, five single family homes were contemplated to be
accessed via a dead end street on Lot 48N, though no detailed design was provided and no
approval was sought. Specifically, the findings for #SD-15-32 note that “The only street stub
proposed as part of this application is at the north end of North Jefferson Road.” The conceptual
lot layout of Lot 48N included a street stub, and by the street stub’s omission from both the
majority of plans and from the findings, it can be concluded the street stub was not approved.
#SD-15-32 includes the following condition pertaining to the open space lot east of Lot 48N.
This application will also establish an "Open Space" lot bounded on the north and east by units
26N-37N, on the west by the proposed recreation path, and on the south by units #36N & 37N.
As detailed in Plan Sheet 8, the applicant will install 16 ft. segments of Cedar Split Rail fencing
approximately 1 ft. inside the property line of the open space lot along its easterly boundary. This
measure along with the construction of the recreation path will serve to delineate the general
boundaries of the Open Space lot
9. Lot 48N is bounded on the east by approved open space and on the west by agricultural lands.
The eastern side of the property is also approved and required to contain a recreation path
connecting North Jefferson Road with Preserve Road on the western side of the open space.
10. LDR 9.08 includes specific design standards for development in the SEQ-NR, including the
requirement for homes to be oriented to the street, a limitation of 200-feet for dead end
streets, and street stubs to be extended to the property line. The configuration of this lot does
not facilitate compliance with these criteria, therefore much of the discussion contained herein
focuses on 9.08.
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11. 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.
12. 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) DIMENSIONAL STANDARDS
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
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'
On Lot 48N, the applicant is proposing duplexes on individual lots. The master plan approval did not
grant waiver 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. The applicant
is proposing a minimum lot size of 6,230 sf and minimum front, side and rear setbacks of 10, 5 and 5
feet, respectively. The property line on Preserve Road is located within the existing recreation path by
about 3 feet, so the appearance of a 10-foot setback will be of 7 feet. The Board therefore finds that the
minimum setback on Preserve Road shall be 13 feet to result in a consistent appearance with other
setbacks in the development, and grants the requested side and rear setbacks of 5 feet each.
The applicant is proposing to encumber each lot with a stormwater easement, a sewer easement, and
an electrical easement.
Lot size and setback waivers were not generally necessary for other duplex homes in Phase II because
the homes are located on footprint lots, which the City does not recognize, and the underlying parcels
appear to meet lot size and dimensional standards. Based on a comparison to similar lots, the Board
grants the requested minimum lot size of 6,230 sf.
In terms of coverage, the applicant is proposing a maximum building coverage of 40.1% and a maximum
lot coverage of 54.5%. The Board grants these maximum coverage waivers for Lot 48N.
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.
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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 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
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 is prohibited within PUDs; the use of split rail or
other fencing made of natural materials is encouraged.
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As discussed above, the project is bounded by community open space to the east, the farm to the
west and south, and a roadway to the north. The Board finds this criterion not applicable.
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 Farm at South Village is located on the western portion of the overall 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 recreation path in this general vicinity, which has already been constructed
on the east side of the subject parcel. The Board finds this criterion met.
(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 8 proposed homes
and has obtained preliminary water and wastewater allocation for these lots. It appears the most
recent wastewater allocation for Phase 2 was received in 2016 for 91 units. 91 units are already
proposed in Phase 2 outside of Lot 48N, therefore the applicant must obtain additional final water
and wastewater allocation for the proposed eight units.
(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 road is 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. The Board finds 15.12D(3)
is being met.
(4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire
protection can be provided, with the standards for evaluation including, but not limited to,
minimum distance between structures, street width, vehicular access from two directions
where possible, looping of water lines, water flow and pressure, and number and location of
hydrants.
The Fire Chief had no comments on the application.
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
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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.
(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.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and
neighborhoods shall apply.
The proposed roadway shall remain private. The addition of eight homes to Phase 2 will not result in
unsafe conditions on adjacent roads. Connectivity is not provided by this application but connectivity
throughout South Village as a whole has been approved on a master plan level and final plat level for
each phase.
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.
(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.
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(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.
Several parcels of open space are proposed on the project with a substantial network of trails. In
addition, as part of the Master Plan, a future public recreation field was approved near the
intersection of Allen Road and Spear Street. Applicant and Staff have been working towards
construction of the recreation field pursuant to the agreement with City Council.
At sketch, the applicant proposed to leave the open space east of the parcel unmaintained. The
Board finds that the applicant shall delegate management of the open space to the Homeowners
association and that it’s maintenance may be changed from time to time as the HOA sees fit.
9.08 SEQ-NR Sub-District; Specific Standards
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.
N/A
(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).
This criterion is one of two major driving factors in the design of homes on this parcel. The applicant has
designed the four lots to be served by a 200-foot private dead end roadway with a driveway extending
off the southern end. At sketch the Board directed the applicant to enhance the design differential
between the private dead end roadway and the driveway so as to realize a design that complies with
this criterion, not a design that is an obvious attempt to circumvent this criterion.
The applicant is proposing a 20-foot wide paved and curbed private dead end road with paved
driveways, a sidewalk on the east side, and a paved turn-around at the end. The driveway extension is
proposed to be gravel and twelve-feet wide, with gravel driveways. There will be no sidewalk. Both
segments are proposed to be lined with a 3-rail vinyl fence consistent with the remainder of the farm.
The private dead end road will have a line of street trees while the driveway will be lined with shrubs.
The driveway extension and aprons for individual units are proposed to be gravel, which is the preferred
surface treatment. However, the applicant or subsequent owners may pave the aprons for individual
units.
In addition to the above-described measures, the applicant has proposed a 3-rail vinyl fence at the
entrance to the private drive. LDR 15.12A prohibits gates of any kind from being across public or private
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roads, or driveways serving more than one dwelling unit. The Board finds the fence may not have the
appearance of a ‘gate.’ There shall be no sign indicating “Private Drive.”
(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.
The proposed private dead end road represents a street stub internal to the development not
connected to adjacent parcels. The Board has from time to time allowed street stubs to be constructed
without extension to the property line if the area beyond the street stub is precluded from future
development, which is the case here. However, it is not a requirement or a forgone conclusion that the
Board allow this configuration. Therefore the Board approves the proposed street stub as shown.
(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.
The proposed lots do not meet this criterion. Lots 92 and 93 are wider than they are deep, and lots 94
and 95 are closer to 1:1. The Board finds the proposed configuration consistent with the remainder of
the development and approves the proposed configuration.
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 curbed private dead-end road is proposed to be 20-ft wide with a 5-foot grass strip between the
roadway and sidewalk. The minimum roadway width allowed in LDR15.12E is 26-ft with parking and 20-
ft without parking. Table 9-2 and 9-5 apply to local streets and require 9-ft drive lanes and 8-ft parking.
Without parking, streets are required to be 24-ft wide. The Board has not approved any similar dead-
end private streets in South Village though they have allowed rear-loaded private lanes to be
constructed without parking. Those lanes are 20-ft wide. The Board approves the applicant’s proposed
private roadway width for consistency with the remainder of South Village.
(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.
The Board finds this criterion met
(3) Street Trees
Street trees are required along all streets in a planting strip a minimum of five feet wide. 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 Board finds this criterion met
(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. As discussed in (1) above, the Board approves this dead-end road as
proposed.
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(5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and to
slow traffic; see Figure 9-6 and Section 9.08(B)(5).
The Board finds this criterion to be met.
(6) Street and sidewalk lighting. Pedestrian-scaled light fixtures (e.g., 12’ to 14’) shall be provided
sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels
should be consistent with the lower-intensity development patterns and character of the SEQ, with
lower, smoother levels of illumination (rather than hot-spots) and trespass minimized to the lowest
level consistent with public safety.
Lighting is only proposed at the intersection with Preserve Road. The pole is proposed to be 12-feet
high. The Board finds this criterion met.
C. Residential Design
(1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for
single family and multi-family buildings must face the street. Secondary building entries may open
onto garages and/or parking areas. (Special design guidelines apply to arterial streets).
The northernmost home shall have the appearance of a front facing preserve road as described by
the applicant on 2/2/2021, including a prominent entry door . The Board finds that the homes in the
southern two buildings may face onto the driveway or the common space to the east.
The applicant’s South Village Design Review Standards document, incorporated into the final plat
approvals for South Village, require each home to have a front walk connecting to the street or
common element. Alleys and lanes are not required to be connected to the homes with a walkway.
(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.
No home elevations have been provided. The applicant has provided a sample image of homes that
they installed at Bayberry Commons in Burlington showing homes that are identical except for color,
and do not appear to include a garage, therefore these homes are unlikely to be substantially similar
to what the applicant is proposing here. However, the approved South Village Design Review
Standards prevent identical homes within three lots of one another. The South Village Design
Review Standards 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 a maximum of twenty-five feet (25’) from the back of sidewalk.
Buildings are set back about 20 feet from back of sidewalk, with the porch set back around 12 feet
from the back of sidewalk. The Board finds this criterion met.
(b) Porches, stoops, and balconies may project up to eight feet (8’) into the front setbacks.
None of the porches, stoops or balconies project into the 10-foot setback shown on the plans. Since
the Board is requiring a 13-foot setback, porches may project into the front setback no more than 8-
feet as allowed under this criterion. The Board finds this criterion met.
(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
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(8’) behind the building line of the single or two-family dwelling.
This criterion is addressed in the South Village Design Review Standards which have already been
incorporated by the Board into the approvals for South Village.
(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 II as a whole. The Board finds similar housing styles within Lot 48N to be
acceptable.
C) 18.02 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.
The Board approves Lot 48N for up to 9 units, subject to site plan review. The applicant must include
at least 3 and no more than 4 units of affordable housing in three family, duplex or single family homes, and those affordable units must be built at a ratio of one affordable to one market rate until
all affordable units on Lot 48N are constructed
MS-20-02A further states that “the floor area (as defined herein) of affordable units on Lot 48N 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
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.
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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.
(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
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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, the development of Phase 2 is governed by the South Village Design Review
Standards. The Board finds this criterion met.
(B)(2) Parking:
Single and two-family homes in the proposed Phase II 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.
The Board finds 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.
The applicant is proposing landscaping features consistent with those elsewhere in South Village. 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:
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(A) 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) 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.
(C) 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).
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.
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
fence. The applicant is proposing a mix of evergreen and deciduous shrubs and grasses. The Board
approves the proposed utility screening.
13.06G(2) requires there to be a mix of large canopy tree species within each landscaping plan. The City
Arborist reviewed the plans on 12/21/2020, and again on 1/19/2021 indicating his comments have been
addressed.
There is no minimum required landscaping budget for single or two family homes on their own lots.
(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 waiver and lot coverage requests are discussed under dimensional standards above.
(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.
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The Assistant Stormwater Superintendent reviewed the application on 12/23/2020 and requests the
Board include a condition requiring the applicant to regularly maintain all stormwater treatment and
conveyance 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 with evens on the left. The Board finds the applicant must correct the addresses prior to
recording the mylar. Further the applicant shall obtain Planning Commission approval for street names
prior to issuance of the first zoning permit.
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 Mark Behr, to approve Preliminary & Final Plat Application
#SD-21-03 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.
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
4. A digital PDF version of the full set of approved final plans must be delivered to the Administrative
Officer before recording the mylar.
5. Any changes to the plan will require approval of the South Burlington Development Review Board or
Administrative Officer.
6. 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.
7. The mylar must be recorded prior to zoning permit issuance.
8. The Board grants the following waivers of the lands development regulations
a. front setback of 13 feet
b. side setback of 5 feet
c. rear setback of 5 feet
d. minimum lot size of 6,230 sf
e. building coverage of 40.1%
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f. lot coverage of 54.5%
9. 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.
10. The driveway extension shall remain gravel.
11. Management of the open space east of the homes shall be the responsibility of the HOA.
12. 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.
13. The fence at the end of the private road before the driveway extension shall not have the
appearance of a gate, nor shall it have a sign indicating “Private Drive” or similar.
14. The applicant must receive a street name from the Planning Commission prior to issuance of the
first zoning permit.
15. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
16. The applicant shall be required to maintain the approved street trees on public and private streets in
a vigorous growing condition.
17. The applicant must regularly maintain all stormwater drainage and treatment infrastructure.
18. The applicant must obtain final water and wastewater allocation prior to issuance of a zoning permit
for each building
19. The applicant shall obtain Planning Commission approval for street names prior to issuance of the first
zoning permit.
20. No fewer than four homes must meet the affordability requirements of 18.02.
21. 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.
22. 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.
23. The applicant must present a floor plan of each unit prior to issuance of a zoning permit.
24. 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.
25. All new buildings are subject to the Stretch Energy Code pursuant to Section 3.15: Residential and
Commercial Building Energy Standards of the LDRs.
Mark Behr Yea Nay Abstain Not Present
Brian Sullivan Yea Nay Abstain Not Present
James Langan Yea Nay Abstain Not Present
Dawn Philibert Yea Nay Abstain Not Present
Elissa Eiring Yea Nay Abstain Not Present