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HomeMy WebLinkAboutSD-03-74 - Decision - 1700 Spear StreetCITY OF SOUTH B URLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD THE SNYDER GROUP, INC. - PLANNED UNIT DEVELOPMENT FINAL PLAT APPLICATION #SD-03-74 FINDINGS OF FACT AND DECISION The Snyder Group, Inc., hereafter referred to as the applicant, is requesting final plat approval for a Planned Unit Development (PUD) consisting of 32 single family units on 5 lots and a 15.16 acre open space lot. One of the single family homes is in existence. The subject property contains 27.2 acres and is located in the Southeast Quadrant (SEQ) Zoning District at 1700 Spear Street. Portions of the property also fall within the Bartlett Brook Watershed Protection (BB W) and the Scenic View Protection (SV) Overlay Districts. The South Burlington Development Review Board held a public hearing on December 2, 2003. Mark Lords, Bob Snyder, and Andrew Rowe represented the applicant. FINDINGS OF FACT 1. The applicant is requesting final plat approval for a Planned Unit Development (PUD) consisting of 32 single family units on 5 lots and a 15.16 acre open space lot, 1700 Spear Street. One of the single family homes is in existence. 2. The owners of record are Raymond and Norma Unsworth. 3. The subject property contains 27.2 acres and is located in the South East Quadrant (SEQ) Zoning District. Portions of the property also fall within the Bartlett Brook Watershed Protection (BBW) and the Scenic View Protection (SV) Overlay Districts. 4. The plans consist of twelve (12) sheets entitled "South Pointe — The Snyder Group Inc. — A Planned Residential Development — 1700 Spear Street — South Burlington, Vermont", prepared by Lamoureux and Dickinson, dated April 11, 2003, last revised on September 9, 2003; a subdivision plat prepared by Lamoureux and Dickinson, dated April 3, 2003; and an overall perimeter plat prepared by Lamoureux and Dickinson, dated December 16, 2002. 5. The South Burlington Development Review Board approved the preliminary plat plans for the proposed project on June 3, 2003. ZONING DISTRICT X DIMENSIONAL REOUIREMENTS Table 1. Dimensional Requirements SEQ Zoning District Required Provided 4 Min. Lot Size 12,000 ft.2 52,707 ft. 4 Max. Building Coverage 15% 8.1% 4 Max. Total Coverage 30% 16.8% Min. Front Setback 20 ft. 20 ft. Min. Side Setback 10 ft. 10 ft. Min. Rear Setback 30 ft. 30 ft. Max. Building Height 40 ft. <32 ft. zoning compliance SEO Restricted Areas Pursuant Section 9.07 of the Land Development Regulations, the construction of roads to serve approved development is allowed within SEQ restricted areas. In addition, utilities must be placed underground and public recreation paths are allowed. The plans show proposed public streets, a 20' wide recreation path easement, underground wastewater mains, and underground water mains passing through SEQ restricted areas. In addition, a number of the proposed new residences fall within SEQ restricted areas, including all or significant portions of units 1-7. Pursuant to Section 9.09(B) of the Land Development Regulations, the Development Review Board may allow residential development within SEQ restricted areas in connection with the approval of a PUD. In such a case, the Development Review Board must determine that the PUD is consistent with the intent and purposes of the SEQ District. The subject property contains 3 north to south bands of SEQ development area between 5 north to south bands of SEQ restricted area. The proposal involves clustering the development westerly near existing residential development on the subject property and on adjoining properties. This would allow the preservation of wooded wildlife habitat within a development area at the easterly end of the property. The Development Review Board supports this plan, and notes that the Planning Commission is working on revisions to the SEQ District Zoning Map that reflect this preference to protect existing wooded wildlife habitat corridors. Wetland Encroachments The subject property contains wetlands as indicated on the South Burlington Wetlands Map and on the applicant's plans. Any wetlands, including a 50 ft. buffer are protected from development activities pursuant to Section 12.02 of the Land Development Regulations. All or portions of the proposed units #2, 4, 5, 7, 14, 21-24, 27, and 28 fall within the class 3 wetlands on the property. 2 Wetlands Scientist Brian Tremback delineated class 3 wetlands on the subject property and evaluated impacts of the proposed development on the wetlands. Easements for underground utilities, a recreation path, and public streets are proposed to cross wetland and wetland buffer areas. Any proposed wetland or wetland buffer impacts must comply with the standards set forth in Section 12.02(E) of the Land Development Regulations. Specifically, the Development Review Board may allow encroachments into class 3 wetlands and class 3 wetland buffers upon fording that the overall proposed development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: While the proposed project does encroach into wetland and wetland buffers on the property, The Development Review Board notes that the project has been carefully designed to avoid the more significant wetlands on the easterly side of the property and keep the entire easterly portion of the property as open space. The encroachments) will not adversely affect the ability of the properly to carry or store flood waters adequately. Wetlands Scientist Brian Tremback concluded that the "lack of depressions capable of holding runoff and the lack of restricted outlets" prevent the wetlands to be encroached upon on the subject property from providing significant water storage functions. The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards. The applicant has proposed a stormwater treatment system that will provide water quality treatment. The existing wetlands provide limited water quality treatment of runoff. It is likely that the proposed stormwater treatment system will enhance water quality treatment on the subject property. The impact of the encroachments) on the specific wetland functions and values is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. Wetlands Scientist Brian Tremback has evaluated the specific wetland functions and values on the subject property relative to the proposed development. As already noted, the wetlands provide limited water storage functions. In terms of providing fish habitat, Mr. Tremback notes that the class 3 wetlands do not support fish or border open water habitats, but that an existing pond on the subject property will be retained. Mr. Tremback also concludes that the wetlands to be encroached upon do not provide significant wildlife habitat due to low species diversity and lack of surface water. The wetlands do not provide habitat for hydrophytic vegetation or 3 endangered or threatened species. In a presentation to the Natural Resources Committee on May 1, 2003, Mr. Tremback noted that the wetlands on the easterly side of the property are functionally more significant than those on the westerly side of the property where development is proposed. In conclusion, the clustering of development to protect existing woodlands and other open space, the proposed stormwater treatment system, and extensive landscaping on the developed portions of the property combine to minimize the impacts of the proposed wetland encroachments. The Natural Resources Committee recommended approval of the project subject to 11 conditions. The Natural Resources Committee motion is incorporated by reference. Bartlett Brook Watershed Overlay District Pursuant to Section 12.03(C)(2) of the Land Development Regulations, the Development Review Board shall not approve any development proposal on lands within the Bartlett Brook Watershed unless it includes a stormwater management system designed to prevent an increase of the peak discharge and velocity of stream flow downstream of the development site. Accordingly, the applicant must provide a site plan and stormwater management system design details that comply with the requirements of Section 12.03(D). In addition, the applicants must submit the stormwater management plans to Heindel and Noyes for inclusion in the Bartlett Brook Watershed computer model. Suggested improvements or modifications resulting from the Heindel and Noyes analysis should be incorporated prior to final plat approval by the Development Review Board. The applicant has provided the plans to Heindel & Noyes for incorporation into the City's computer model for the Bartlett Brook Watershed. Heindel and Noyes stated that the proposed stormwater system will successfully reduce peak flows at the outlet of the property and maintain pre - development flows at multiple downstream locations in the watershed. They recommend the Development Review Board approve the stormwater aspects of the project, as presented. Section 15.13(F) of the Land Development Regulations establishes stormwater management criteria for all new subdivisions. In particular, stormwater management must comply with the Vermont Stormwater Management Manual. Reference Monuments Section 15.14 of the Land Development Regulations establishes standards for required improvements for subdivisions and PUDs. Pursuant to Section 15.14(B), permanent reference monuments must be set at all lot corners and angle points of the boundaries of the subdivision. The plans include an overall perimeter boundary plat (Sheet 14) and a subdivision plat (Sheet 13) indicating appropriate monumentation. Permanent concrete monumentation must be set for all lot corners and angle points and as required by the City Engineer for proposed streets. Adequate monumentation is shown on the subdivision plat (Sheet 13). 4 Street Layout Pursuant Section 15.12(A) of the Land Development Regulations, proposed streets shall be arranged to provide for the continuation of streets of adjoining existing and future subdivisions. Accordingly, the proposal provides over 500 ft. of a planned future public road as depicted on the Southeast Quadrant Official Zoning Map. Topography Section 15.12(B) of the Land Development Regulations requires streets to be logically located relative to topography so as to provide usable lots, reasonable grades, and safe intersections. In addition, adequate storm drainage of streets must be provided. The City Engineer has reviewed and approved the plans with regard to the above -mentions requirement. Lot Layout and Lot Size According to Section 15.10 of the South Burlington Land Development Regulations, a minimum width to length ratio of one to five (1:5) shall be used as a guideline by the Development Review Board in evaluating lot proportions. Square or roughly square lots shall not be approved. With regard to this requirement, the Development Review Board feels the proposed project is sufficient. Lots #1-31, corresponding to the single-family home building envelopes, will require waivers from the minimum required 12,000 square foot lot size for the SEQ District. Pursuant to Section 15.18 of the Land Development Regulations, the Development Review Board shall consider the following in its review of subdivision and Planned Unit Development (PUD) applications: 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. Pursuant to Section 15.13(B)(1), municipal water service must be extended to serve the proposed development. Prior to final plat approval, the applicant must obtain final water allocation approval from the South Burlington Water Department. 5 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. Erosion control and grading plans are detailed on Sheets 3, 9, and 10 of the plans. The Development Review Board believes the plans are adequate. 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 The Development Review Board or consultants. According to the ITE Manual, 6t1i Edition, the proposed project will generate 32.32 P.M. peak hour vehicle trip ends. This increase in trip ends will not require any traffic management strategies. The Development Review Board notes that the applicant will need to pay the appropriate traffic impact fees upon submission of zoning permit applications for the units within the subject parcel. 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. The subject property does contain wetlands and wetland buffers that are affected by the proposed development. The Development Review Board and the NRC have reviewed the proposed wetland impacts pursuant to Article 12 as indicated already in this report. The Development Review Board supports the clustering of development westerly on the parcel to protect the more significant woodland wildlife habitat and wetlands on the easterly side of the property. The plans show a 15.16 acre common open space lot consisting of the easterly leg of the subject property. This area includes woodland wildlife habitat as depicted on the SEQ Official Zoning Map. The Development Review Board believes this open space lot is in keeping with the Comprehensive Plan and the Land Development Regulations, and supports the clustering of development westerly of this open space lot. Furthermore, the Development Review Board believes the proposed open space lot meets the SEQ criteria established in Section 15.18(B) of the proposed Land Development Regulations. However, pursuant to Section 15.18(B)(6) the applicant must provide a plan describing the use and maintenance of the proposed open space lot. Accordingly, the applicant must provide details on the proposed management and protection mechanisms for open space within the development. Such information may include draft homeowners association bylaws, deed covenants, or other draft legal documents. 0 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 Development Review Board believes the proposed development is in keeping with the goals for Southeast Quadrant District residential development, as set forth in the Comprehensive Plan and as discussed already in this report. 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. Proposed development is clustered westerly on the subject property, leaving open space on the easterly part of the property contiguous to open space and important wildlife habitat on adjacent properties. 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. The Fire Chief has reviewed the plans. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. The plans depict an 80' wide right-of-way connecting Parkside Drive to the properties to the north and to the south, which will foster the extension of the proposed public street in the future. The plans also depict a 20' wide recreation easement connecting the 80' wide right-of-way to the restricted area on the easterly side of the property. This restricted area on the easterly side of the property, in its entirety, is proposed as a recreation easement to be dedicated to the City of South Burlington. In addition, the plans depict a 20' wide sewer easement connecting the subject property to Spear Street. Also, the plans depict a 5' wide pedestrian easement between units 9 and 32 to provide future access to the property to the north. Finally, at its meeting on November 4, 2003, the Recreation Path Committee requested that a recreation easement be secured along the Spear Street frontage. VA 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. The proposed public streets are 28' wide with a 5' wide sidewalk along one (1) side. The proposed infrastructure has been reviewed by the City Engineer and Water Superintendent. The Development Review Board notes that one -family and two-family uses are not subject to the exterior lighting standards set forth in the regulations. However, lighting within the proposed public streets must comply with the exterior lighting design standards of the Land Development Regulations. The plans show new street lights along the proposed public streets within the development. A typical street light detail is provided on Sheet 8 of the plans. The proposed street lighting consists of 100 watt metal halide fixtures, which are acceptable. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The Comprehensive Plan prioritizes finding a suitable remedy to Bartlett Brook Watershed erosion problems. The Comprehensive Plan also encourages stormwater runoff modeling and inventory of stormwater facilities in an effort to improve water quality. Accordingly, and as indicated already, the applicant has submitted stormwater plans to Heindel & Noyes for inclusion in the City's stormwater model and database. The Comprehensive Plan recommends land use that respects and maintains the open and special character of the SEQ, including PUDs that protect and preserve large contiguous areas of open space, important natural areas and scenic views. The Development Review Board believes that the proposed development is in keeping with these goals. In particular, the applicant has been responsive to the Development Review Board and Planning Commission goals to protect an important wildlife habitat corridor by clustering development westerly on the subject property. Landscaping Pursuant to Section 15.05(B) of the Land Development Regulations, PUD applications must include all applicable information required for site plan review. Accordingly, the applicant must submit a landscaping plan that complies with Section 13.06 of the regulations and is prepared by a qualified landscape professional. Landscaping plans are detailed on Sheet 3 of the plans. Trees shall be planted at 60 ft. intervals along both sides of proposed streets and at least 2 per residential lot. In addition, small trees and shrubs are proposed for the multifamily lots. The existing pond will be surrounded by dense plantings of shrubs and trees, and a good diversity of street tree species is proposed. The landscaping plans have been reviewed by Public Works Arborist Craig Lambert whose comments are incorporated by reference. Mr. Lambert notes that Little Leaf Linden is becoming 0 over planted in South Burlington and that Green Ash is severely over planted. Mr. Lambert notes that Red Maple, Pin Oak, and River Birch require acidic soils and may not be appropriate for the subject site due to alkaline soils. He has provided a list of recommended substitutions. Finally, Mr. Lambert notes that trees should be planted at least 15 ft. away from street lights and that the plans should include a tree planting detail. Section 13.06(G)(3) of the Land Development Regulations requires a landscape budget be prepared by a qualified landscape professional that demonstrates compliance with the landscape value requirements based on building construction costs. The applicant's engineer has estimated total construction costs of the proposed carriage home at $3,255,000, which requires a minimum landscaping cost of $40,050. The landscape budget, prepared by Lamoureux and Dickinson, exceeds this minimum requirement. The Development Review Board notes that the applicant shall submit a landscape budget that separates the cost of the site landscaping from the street tree landscaping. WA?ml The applicant has submitted street addresses based on E-911 addressing standards. DECISION Motion by Gayle Quimby, seconded by Roger Farley, to approve Final Plat Application #SD-03- 74, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect, except as amended herein. 2. This project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning & Zoning. 3. The plat plans shall be revised to show the following changes and shall require approval from the Administrative Officer. Four (4) copies of the approved revised plat plans shall be submitted to the Administrative Officer prior to recording: a) The final plat plans shall be revised to clearly label all of the "restricted areas", as depicted on the City of South Burlington Southeast Quadrant Official Zoning Map. b) The final plat plans shall be revised to depict a 20' wide recreation easement along the Spear Street frontage, as requested by the Recreation Path Committee in its letter dated November 4, 2003. c) The final plat plans shall be revised to incorporate the requests of the City Engineer, as outlined in his letter dated November 19, 2003. 0 d) Sheet 1 of the final plat plans shall be revised to include the appropriate sections referenced from the Land Development Regulations and to eliminate the term "C.O. District." e) The final plat plans shall be revised to incorporate the requests of the City Arborist, Craig Lambert, as outlined in his letter dated May 1, 2003. 4. Occupancy shall not take place in the proposed units until the applicant has obtained final water allocation approval from the South Burlington Water Department. 5. The applicant shall comply with the requests of the South Burlington Water Department, as outlined in the letters from Jay Nadeau, dated April 28, 2003, 2003 and July 1, 2003. 6. The applicant must obtain final wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hoover, prior to issuance of a zoning permit. 7. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 8. Pursuant to Section 15.18(B)(6) the applicant must provide a plan describing the use and maintenance of the proposed open space lot. The applicant shall comply with Section 14.21(C) of the "Declaration of Planned Community for South Pointe", which reads as follows: The open space within the project is a Common Element that will be owned and maintained by the Association as described in Sections 3.2(d), 9.5, and 11.1 of this document. Specifically, the open space area depicted as Lot 36 on the Plat (15.16 acres) shall be maintained in a natural condition and shall be subject to the following additional covenants: (i) footpaths within Lot 36 shall be established only as a primitive unimproved footpaths to provide pedestrian access through the open space and wooded ridge; (n) there shall be no mowing or cutting on Lot 36 except for necessary maintenance along the footpath and selective cutting to remove dead or diseased trees or invasive species; and (iii) there shall be no disturbance of the Class II wetlands and buffers located within Lot 36. 9. The applicant shall comply with the requests of the South Burlington Fire Department, as outlined in the letter from Chief Doug Brent dated November 26, 2003. 10. The applicant shall comply with the requests of the City Engineer, as outlined in his letter dated November 19, 2003. 11. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 12. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, the applicant shall submit a Certificate of Title showing the ownership of all property and easements to be dedicated or acquired by the City, and said Certificate of Title shall be approved by the City Attorney. 10 13. The screening of the utility cabinets shall be approved by the South Burlington Development Review Board as an amendment to the final plat. 14. Prior to street acceptance by the City, the applicant shall install all reference monuments as required under Section 15.14(B) of the land Development Regulations. 15. The applicant shall post a $ 27,075 landscape bond for street trees prior to the start of road construction and a $40,050 landscape bond for the remainder of the landscaping prior to the issuance of the first zoning permit. These bonds shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 16. Pursuant to Section 9.08(B) of the South Burlington Land Development Regulations, the South Burlington Development Review Board will allow units #1-7 in the "restricted areas". The Development Review Board finds such development to be consistent with the intent and purpose of the Southeast Quadrant District. 17. The South Burlington Development Review Board will allow lots #2, 4, 5, 7, 14, 21-24, 27, and 28 to encroach a wetland and associated wetland buffer. The Development Review Board finds such encroachment to be in conformance with Section 12.02(E) of the South Burlington Land Development Regulations. 18. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, prior to issuance of the first zoning permit or start of utility or road construction, the applicant shall submit all appropriate legal documents including easements (e.g. irrevocable offer of dedication and warranty deed for proposed public roads, utility, sewer, drainage, water, and pedestrian paths, etc.) to the City Attorney for approval and recorded in the South Burlington Land Records. 19. Prior to the start of construction of the improvements described in condition # 18 above, the applicant shall post a bond which covers the cost of said improvements. 20. Pursuant to Section 15.08 (D) of the South Burlington Land Development Regulations, the applicant shall submit homeowner's association legal documents prior to the issuance of the first zoning permit. The documents that include language that: a. ensures that the garages will not be converted to living space; b. prohibits clearing or disturbance of land within wetlands or wetland buffers; c. ensures that the association shall assume all maintenance responsibilities for the stormwater drainage facilities until such time as a future City stormwater utility accepts the stormwater infrastructure. 11 21. Prior to recording the final plat plans, the applicant shall record a "Notice of Condition" approved by the City Attorney, which states that for zoning and subdividing purposes the envelope lots (lots # 1 -3 1) and the remaining common land will be considered one (1) lot (eg. coverage and setback requirements). 22. Any changes to the final plat plans shall require approval of the South Burlington Development Review Board. 23. Pursuant to Section 15.14(E)(2) of the South Burlington Land Development Regulations, within 14 days of the completion of required improvements (e.g. roads, water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineer, "as -built" construction drawings certified by a licensed engineer. 24. The final plat plans (sheets 1-2 and survey plat sheets) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey plat and sheet 2 in digital format. The format of the digital information shall require approval of the Director of Planning and Zoning. Chuck Bolton - yea/nay/abstain/not present Mark Boucher - yea/nay/abstain/not present John Dinklage - yea/nay/abstain/not present Roger Farley - yea/nay/abstain/not present Michele Kupersmith - yea/nay/abstain/not present Larry Kupferman - yea/nay/abstain/not present Gayle Quimby - yea/nay/abstain/not present Motion Carried by a vote of 6-1-0. Signed the day of December, 2003, by i ohn Dinklage, Chair 12