HomeMy WebLinkAboutSD-14-33 - Decision - 1840 Spear Street#SD-14-33
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC-1840 SPEAR STREET
FINAL PLAT APPLICATION #SD-14-33
FINDINGS OF FACT AND DECISION
South Village Communities, LLC, hereinafter referred to as the applicant, seeks Final Plat approval for
Phase II of 334 unit planned unit development. Phase II is to consist of the following: 1) 31 single family
dwellings, 2) 13 two (2) family dwellings, 3) 1 three (3) unit multi -family dwelling, and 4) 39 multi -family
dwelling units in four (4) buildings, 1840 Spear Street.
The Development Review Board held a public hearing on December 2, 2014 and December 16, 2014.
Robin Jeffers & David Burke represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and supporting
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 seeks final plat approval for Phase II of 334 unit planned unit development. Phase
II is to consist of the following: 1) 31 single family dwellings, 2) 13 two (2) family dwellings, 3) 1
three (3) unit multi -family dwelling, and 4) 39 multi -family dwelling units in four (4) buildings,
1840 Spear Street.
2. The owner of record of the subject property is South Village Communities, LLC.
3. The subject property is located in the Southeast Quadrant (SEQ) Zoning District.
4. The plans submitted consist of twenty-one (21) pages, with Sheet #1 entitled "South Village
Communities, LLC Spear Street South Burlington, VT Overall Phase 2 Plan", prepared by O'Leary -
Burke Civil Associates, PLC, and dated 12/08/14.
5. The preliminary plat application (#SD-13-44) for this project was approved by the Board on
March 10, 2014.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
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. The proposed project (Phase 2) meets all of the
dimensional standards approved in the Master Plan.
As discussed during the Master Plan approval, the applicant had asked that the preliminary and final plat
reviews of each of the three phases be limited to single-family, two-family, and three-family dwelling units.
Thus, any buildings with greater than three dwelling units, in addition to the school, will be reviewed under
separate Site Plan reviews. The DRB approved this Master Plan approach.
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Therefore, the three (3) buildings with 10 dwelling units each and the one nine -unit building have been
removed from these plans submitted for final plat approval, and are not part of this review, except for
acknowledging the proposed locations as shown on the plans for these multi -unit buildings.
MASTER PLAN
Pursuant to Section 15.07 D (3), the following applies:
Any application for amendment of the master plan, preliminary site plan or preliminary plat that
deviates from the master plan in any one or more of the following respects, shall be considered a new
application for the property and shall require sketch plan review as well as approval of an amended
master plan:
a) An increase in the total FAR or number of residential dwelling units for the property subject
to the master plan;
b) An increase in the total site coverage of the property subject to the master plan;
c) A change in the location, layout, capacity or number of collector roadways on the property
subject to the master plan;
d) Land development proposed in any area previously identified as permanent open space in
the approved master plan application, and/or
e) A change that will result in an increase in the number of PM peak hour vehicle trip ends
projected for total build -out of the property subject to the master plan.
At the sketch plan level, it was identified that the roadway configuration had changed. However, the
Board finds that the proposed "Marsh Road" and southern portion of "North Jefferson Road" are
substantially similar to the Master Plan in function and location. The Master Plan did not specifically
state which was a collector road and which was a local road.
At the preliminary plat review, the Board found that two (2) items did not rise to the threshold of
requiring Master Plan amendment/approval. These were the roadway configuration for the proposed
"Marsh Road" and the southern portion of "North Jefferson Road" and a slight change in location but
not size of designated open space.
No changes in FAR, coverage, number of units, or PM Peak hour vehicle trip ends are proposed.
Therefore, an amendment to the Master Plan is not required.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PLIDs shall comply
with the following standards and conditions:
(A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project.
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According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public
utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the
proposed dwelling units.
According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or
developer shall connect to the public sewer system or provide a community wastewater system approved by
the City and the State in any subdivision where off -lot wastewater is proposed.
The applicant has submitted copies of its applications to both the water department and the wastewater
department. The Board finds this criterion to be met.
(A)(2) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil
erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent
properties.
As part of the Findings of Fact & Decision for #SD-13-44, the Board set Condition #7 which stated that
"(t)he proposed project shall adhere to the erosion control standards in Section 16.03 of the LDRs, and
the grading plan shall meet the standards in Section 16.04 of the LDRs."
The applicant affirms this Condition and states that they are met on the project plans. The Board finds this
criterion to be met.
(A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
As part of the Findings of Fact & Decision for #SD-13-44, the Board found this criterion to be met.
However, the Board also established Condition #9 that "(p)rior to the issuance of the zoning permit for
the 50th unit within Phase Two, the " Marsh Road" connection to Spear Street shall be constructed."
The applicant has agreed to this condition. The Board finds this criterion to be met and that condition #9
of #SD-13-44 shall be included as a condition of any final plat approval.
(A)(4) The projeces 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.
As part of the Findings of Fact & Decision for #SD-13-44, the Board set Condition #11 which stated that
"(p)rior to final plat approval, the applicant shall submit a copy of the state wetland permit for
encroachment into the class 11 wetland and wetland buffers."
The applicant has submitted a copy of said permit which was approved on September 10, 2014.
The Board finds that the applicant has satisfied this condition and that this criterion is met.
9.06(B) (5) also requires that wetlands and buffers, streams, and natural communities be visually
delineated in some way in order to prevent creep from private parcels into the wetland.
As part of the Findings of Fact & Decision for #SD-13-44, the Board found this criterion to be met.
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However, the Board also established:
* Condition #15 which stated that "(i) n order to protect the wetland and associated buffer
areas, the following conditions are attached to this approval, and shall be included in homeowner
documents for owners of the lots and dwelling units: no pesticide nor herbicide application within
wetlands and buffer areas, no mowing in wetlands and/or their buffers, disturbance of wetland
vegetation should be limited to remediation activities, and no planting non-native species in wetlands or
their buffers.
The applicant has agreed to this condition and submitted legal documents with the Preliminary
Application. The applicant understands that the documents will be reviewed by the City Attorney and
changes, if any will be required prior to recording.
The Board finds this Criterion to be met.
*.Condition #16 which stated that "(fJurther delineation shall be provided at the boundaries of
all development/open space areas as depicted by the dashed lines on the plans, for both single family
and multifamily housing, in order to protect the integrity of the wetland areas and associated buffers.
This may include coniferous trees, split rail fence, or other similar method of delineation and these shall
be shown on any plans submitted for final plat review.
The applicant has submitted plans prepared by LandWorks to address this Condition. The plans are
thorough and adequately distinguish open space areas from wetland areas and associated buffers. The
Board finds this Criterion to be met. The LandWorks plans are incorporated into this application.
* Condition #8-g which stated that "(tJhe final plat plans shall be revised to provide additional,
common delineation at the boundaries of all development/open space areas as depicted by the
dashed lines on the plans, including for single and multi family housing."
The applicant has submitted plans prepared by LandWorks to address this Condition noting that split
rail fencing with signs and/or stencils will be used to delineate the development / Open Space areas. The
applicant also argues that tree cutting limits for lots 38-55 form an appropriate delineation.
The Board finds that the applicant shall install "Common Land Stencils" on the trees behind Single -
Family lots 38-55 to better distinguish development and common open space areas.
The Board finds the proposed plan to meet this Condition.
* Condition #17 which stated that "(t)he final plat submittal shall include a plan for the management
and maintenance of the dedicated open spaces created through the Master Plan. As with Phase 1, any
issues for which the Board seeks technical review shall be conducted at the applicant's expense. These
documents shall be reviewed and approved by the City Attorney, and then recorded in the land records
prior to issuance of a zoning permit for any aspect of Phase 2 as approved herein.
As evidence meeting this Condition, the applicant has submitted the existing Land Management Plan
that is recorded within the City Land Records which applies to the entire development.
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The Board finds this Criterion to be met.
(A)(5) The project is designed to be visually compatible with the planned development patterns in the
area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is
located.
Pursuant to Section 9.01 of the Land Development Regulations, 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.
As part of the Findings of Fact & Decision for #SD-13-44, the Board found this criterion to be met, and
does so here as well.
(A)(6) Open space areas on the site have been located in such a way as to maximize opportunities for
creating contiguous open spaces between adjoining parcels and/or stream buffer areas.
As part of the Findings of Fact & Decision for #SD-13-44, the Board found this criterion to be met, and
does so here as well.
(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that
adequate fire protection can be provided.
As part of the Findings of Fact & Decision for #SD-13-44 the Board set forth Condition #6 which required
that "(t)he Fire Chief shall review the final plat plans.."
As noted in the applicant's submission the Assistant Fire Chief expressed concerns about fire apparatus
being able to safely travel through current "pinched down" intersections on Phase 1 roads especially in
heavy snow and/or street parking. The applicant indicates that they have revised their initial Phase 2
plans and proposed intersections to match Figure 9-6 of the LDRs.
As copied below, The Fire Chief provided formal comments to staff on November 19, 2014 via email and
the applicant's engineer, David Burke, provided responses to the Chiefs comments to staff on
November 20, 2014. (Note: the Fire Chiefs comments are in Brown; Applicant's responses in Blue)
November 19, 2014
Mr. Ray Belair, Planning and Zoning
City of South Burlington
575 Dorset Street
South Burlington, Vermont 05403
Re: Proposed Phase 2, South Village
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Dear Ray:
We have reviewed the plans for this proposed development. We have the following concerns
and/or recommendations.
1. All multifamily units will need fire protection plan review from the South Burlington Fire
Marshal's office to review for compliance with the Vermont Fire and Building Safety
Codes.
Applicant Comment: The Multifamily Units (60 — 99) require future Site Plan approval and we
understand Fire Protection review will occur with the same.
2. The four (4) multi family dwellings shall have sprinklers, fire alarms, and standpipes per
the VFBSC.
Applicant Comment: Understood, this will be proposed and reviewed upon future Site Plan
applications.
3. Trees, fences and floral outcroppings should be placed so as not to interfere with the
deployment of the aerial ladder, hoselines, portable ladders and other firefighting
equipment.
Applicant Comment: Agreed.
4. Provide 24 hour per day off -site (central station) monitoring of all fire alarm and fire
protection systems.
Applicant Comment: See comment on Item 1. above.
5. Provide emergency key boxes for the multi family dwellings, location to be specified by
SBFD.
Applicant Comment: See comment on Item 1. above.
5. Building number 40, 41, and 60 should have NFPA 13 D residential sprinkler systems due
to their distance from the public highway.
Applicant Comment: These single family homes are on driveways and as such Sprinkler systems are
not required nor proposed. We understand this item is a request, not a requirement.
7. No gas or charcoal grills on outside porches.
Applicant Comment: Provided that this item is for future Units 60 — 99, which are subject to future
Site Plan applications, we agree.
Page -2
8. As we have done with the other phases of South Village, when the streets ore laid out, we
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would like to perform some actual on -site testing to assure turning radii are acceptable
and that emergency access is achievable.
Applicant Comment: We have no issue with the Fire Department performing turning radii exercises
following Construction. However, we delayed our design significantly regarding this very issue, as we
are not in favor of the City standard "pinched down" intersections for emergency vehicle turning
movements. Regardless, we were unable to convince the Fire Department of the same. This was
after the Fire Department performed turning movement exercises of existing pinched down
intersection within Phase 1 of South Village. As such, should the Fire Department have issues with
the proposed standard intersections after -the -fact, we suggest the standard should be changed for
future Projects and not be applied to this project, which preferred conventional (non pinched down)
intersections.
Should you need any further assistance on this project please feel free to contact me.
Sincerely,
Douglas S. Brent
Douglas S. Brent
Fire Chief
Cc: Deputy Chief Terry Francis, Fire Marshal
Applicant Comment: Thank you for your review.
The Board finds that the applicant shall comply with all of the Fire Chiefs recommendations with the
exception of recommendation #6 that "building number 40, 41, and 60 should have NFPA 13 D
residential sprinkler systems". The Board affirms that this is a recommendation and not a requirement.
See also discussion of Condition #8-J below.
(A)(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have
been designed in a manner that is compatible with the extension of such services and infrastructure to
adjacent landowners.
(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
Infrastructure details are submitted as part of the final plat application, including roadway profiles,
recreation path details, and lighting cut sheets and point by point plan.
As part of the Findings of Fact & Decision for #SD-13-44, the Board established several Conditions
applicable to sections (A) (8) and (A) (9). Those conditions and the applicant's response (as detailed in
their October 24, 2014 letter) are as follows:
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Condition #8-a. The final plat plans shall be revised to show the proposed trail located along the
southerly side of North Jefferson Road as phase 2 of the recreation path as depicted on the approved
Master Plan and show how it connects with the Phase 1 recreation path.
This is shown on plan sheets 1— 4. The Board finds this condition to be met.
Condition #8-b. The final plat plans shall be revised to show sidewalks along the two (2) smaller east -
west road links.
The appropriate plans have been revised accordingly. The Board finds this condition to be met.
Condition #8-c. The final plat plans shall be revised to show a sidewalk or sidewalks along the north -
south road as recommended by the Public Works Director.
The applicant, after consultation with the Public Works Director, is seeking approval for a
sidewalk along the eastern side of the road so as to match the sidewalk in Phase 1. The Board finds
that this proposed sidewalk is acceptable and that this condition is met.
Condition #8-h. The final plat plans shall be revised to show a recreation path or trail along the
western side of the development.
The applicant is proposing to construct a full width recreation path in the central portion of the
parcel and then heading west alongside Marsh Road to join Spear Street near the northwest
corner of the parcel.
The Bike-Ped Committee met on November 13, 2014 to review the application has indicated
that their preference is to have a multi -use path oriented closer to Spear Street rather than
adjacent to the new proposed streets and houses (see email from Matthew Boulanger to staff
dated November 14, 2014.)
In addition, the applicant has agreed to provide a new easement only for a multi -use recreation
path co -located with the stormwater easement (shown on Drawing Number P-3 of the
submitted plans) along the east side of Spear Street from Allen Road to the northwest corner of
the property.
Condition #8-i The final plat plans shall be revised to show street intersections in compliance with
Figure 9-6 of the LDRs.
The applicant indicates that the Phase 2 roadway intersections have been revised accordingly
and that the DPW Director has reviewed and accepted the proposed layout. The Board finds this
condition to be met.
Public Works staff and the applicant discussed the standards (A) (8) and (A) (9) above via email which are
extracted below. (Note: DPW comments are in Brown; applicant's in Blue)
From: Peter Heil (mailto:pheil@olearyburke.com)
Sent: Thursday, November 20, 2014 2:51 PM
To: Justin Rabidoux; Tom Dipietro; ray
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Cc: David Burke; robin @sdireland.com<moilto:robin@sdireland.com>, Patrick O'Brien
(pobrien@SDIRELAND. COM<mailto: pobrien@SDIRELAND. COM>)
(pobrien@SDIRELAND.COM<mailto: pobrien@SDIRELAND. COM>)
Subject: RE: Comments on South Village - Phase 2
Hi Justin, Tom & Ray,
Please find the following responses to the Dept. of Public Works review comments:
Justin's comments:
1. The detail for Replacement of Existing Bituminous Pavement shall be changed to read 2 'z" of Type
11 base with 1 %" Type 111 top or match existing, whichever is greater.
The detail has been revised to call off 2.5" Type ll Base and 1.5" Type III Top, or match existing,
whichever is greater. Please refer to the detail on Plan Sheet 8,
2. 1 previously commented on this and the applicant acknowledged the comment, but the detail has
not been added to the plan sheets. All pavement markings within future public ROWS shall be VTrans
Spec 646.07(a) (or another material approved by DPW).
Please refer to the "Intersection Detail" on Plan Sheet 8, which has been revised to reference all
pavement markings shall be VTrans Spec 646.07(a) (or another material approved by DPW);
3. There is a gravel path shown between lots 10 and 11. 1 am not sure its purpose. This is the former
location of a pump station, perhaps the path simply hasn't been removed from the plans.
The 12' wide gravel access drive between units 10 & 11 is for access/maintenance purposes to the
stormwater pond (specifically the forebay) behind Units 9/10. This is a requirement of the State
Stormwater Permit review. The note on plan sheet S1 has been revised to state "12' wide gravel access
drive to stormwater pond" (previously stated access to pump station and not corrected when the
location of the pump station was revised);
Tom's Comments:
1. This project is located in both the Munroe Brook and Bartlett Brook watersheds. These watersheds
are listed as stormwater impaired by the State of Vermont Department of Environmental Conservation
(DEC). Also, the project proposes to create greater than 1 acre of impervious area and disturb greater
than 1 acre of land. It will therefore require a stormwater permit and construction permit from the
Vermont DEC Stormwater Division. The applicant should acquire these permits before starting
construction.
Understood. The Stormwater Discharge Permit (#4096-INDS.1) is currently on Public Notice (until
12117114). The State Stormwater Division has provided a draft permit that will be issued shortly after the
Public comment period closes (provided no comments are received). The Construction General Permit
(#4096-9020.1) is expected to be issued very shortly (within days).
2. Portions of the project are located in the Stormwater Management Overlay (SMO) District and are
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therefore subject to the requirements of section 12.03 of the LDRs. The applicant should confirm that
requirements in section12.03.C.1 are met and that peak runoff rates in the SMO district (i.e. the Bartlett
Brook watershed) are not increased during the 1 year storm event. The modeling provided appears to
indicate this, but it is difficult to confirm without a key and drainage area map for the watershed.
The plans meet the requirements of Section 12.03.C.1 and all post -development routed peak runoff rates
(1, 10, 25, 100-year storm events) are less than pre -development conditions as modeled with the
previously provided HydroCAD computations. The drainage areas and flows can be found on Plan Sheets
S1 & S2,
3. As designed, the stormwater pond is located directly behind and in close proximity to units 6
through 12. Please describe the precautions being taken to ensure resident safety.
The stormwater pond slopes will be gentle (1 on 4), and as such State Stormwater requirements do not
require fencing or safety benches;
4. Between units 10 and 11 is a "10' wide gravel access drive to pump station". There is no pump
station in this location. The language should be revised to reference access to the stormwater pond.
The 12' wide gravel access drive between units 10 & 11 is for access / maintenance purposes to the
stormwater pond (specifically the foreboy) behind Units 9/10. This is a requirement of the State
Stormwater Permit review. The note on plan sheet S1 has been revised to state "12' wide gravel access
drive to stormwater pond" (previously stated access to pump station and not corrected when the
location of the pump station was revised),
5. The Vermont Stormwater Management Manual indicates that maintenance access should be 12'
wide (section 2.7.1.F). Only 10' is provided. The plans should be updated to provide this additional width
in order to facilitate equipment access for maintenance. Please note that this applies to maintenance
access between units 4 and 5 and 10 and 11.
Plan Sheet S1 has been revised to provide 12' wide access drives to the stormwater pond (between units
4 & 5 and 10 & 11);
6. Confirm that the plats (sheets P1 through P3) don't need to be updated to show the reconfigured
stormwater detention area and associated easements.
The Plats (P1-P3) are up to date and any stormwater easements encompass all of the stormwater
detention areas and associated elements (access drives). The change to the 12' wide access drives still
fall within the easement areas;
7. All "Stormwater Easement Area To City of South Burlington" labels should be updated to include the
word proposed (e.g. "Proposed Stormwater Easement Area To City of South Burlington").
The Plats will be revised to incorporate "proposed" prior to filing of the mylar,
8. Confirm that the State wetland permit has been amended/approved to reflect any changes in the
project since it was first issued. The applicant should acquire this permit prior to starting construction.
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The State wetland permit references the most up to date plans. The small revisions requested from City
and State review have do not result in additional impacts to the wetlands and/or buffers,
9. The DRB should include a condition requiring the applicant to regularly maintain all stormwater
treatment and conveyance infrastructure.
Agreed. As part of the State Stormwater Discharge Permit, yearly inspections will be required (and
corrective action taken if necessary).
10. Per section 12.03.F(1) of the City's Land Development Regulations, the final decision should require
the submission of record drawings showing pipe invert elevations, drainage structure rim elevation, pipe
material, final grading, etc.
Understood,
If there are any additional questions, please let me know. Thanks,
Peter F. Heil, PE, CPESC / O'Leary -Burke Civil Associates, PLC
On November 21, 2014, the DPW Director indicated to Staff via email that DPW had accepted the applicant'
responses and proposed plan revisions sent on November 20, 2014
The board finds that the applicant shall comply with the recommendations of the Department of Public
Works.
Lighting is discussed under Section 9.08, SEQ Neighborhood Residential.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility
lines shall be underground.
The applicant understands and accepts this requirement which was stipulated as Condition #3 in the
Findings of Fact & Decision for #SD-13-44.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
As part of the Findings of Fact & Decision for #SD-13-44, the Board found this criterion to be met.
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.
As part of the Findings of Fact & Decision for #SD-13-44, the Board found this criterion to be met.
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(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 part of the Findings of Fact & Decision for #SD-13-44, the Board found this criterion to be met.
These standards shall be evaluated with more specific level of review for each of the multi -family buildings
as part of a separate application for site plan review.
(B)(2) Parking:
a. Parking shall be located to the rear or sides of buildings. Any side of a building facing a
public street shall be considered a front side of a building for the purposes of this
subsection.
b. The Development Review Board may approve parking between a public street and one or
more buildings if the Board finds that one or more of the following criteria are met. The
Board shall approve only the minimum necessary to overcome the conditions below.
C. ...
(iii) The parking area will serve a single or two-family home;
Single and two-family homes in the proposed Phase II are not subject to this standard.
Although 3-unit structures are not exempt from the above standard, the Board has previously found that
with the Master Plan having granted a waiver for 3-unit buildings to be approved without site plan approval,
this standard related to parking location requirements does apply here.
The 4+ unit buildings will be reviewed separately if and when applications are submitted.
(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.
As part of the Findings of Fact & Decision for #SD-13-44, the Board found that the homes proposed here
satisfy the standards within the Land Development Regulations, and that the elevations for the multi -family
buildings shall be reviewed as part of the site plan review for each multi -family building.
(B)(4) Newly installed utility services and service modifications necessitated by exterior alterations or
building expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines
shall be underground.
As part of the Findings of Fact & Decision for #SD-13-44, the Board found this criterion to be met, and
does so here as well.
(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.
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As part of the Findings of Fact & Decision for #SD-13-44, the Board found this criterion to be met, and
does so here as well.
(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.
As part of the Findings of Fact & Decision for #SD-13-44, the Board found this criterion to be met, and
does so here as well.
Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South
Burlington Land Development Regulations:
(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.
As part of the Findings of Fact & Decision for #SD-13-44, the Board found that no additional easements
are needed for this project (Phase 2 of the Master Plan) , and does so here as well.
(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.
As part of the Findings of Fact & Decision for #SD-13-44, the Board found this criterion to be met, and
does so here as well.
(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).
No dumpsters are currently shown. Dumpsters and other facilities serving the proposed multi -family
buildings will be addressed at their Site Plan review.
(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 costs of the street trees are above and beyond this requirement.
The applicant has provided detailed landscaping plans for street trees with an estimated value of $152,536
and plans as well for transformer cabinets and utility pedestals as well as an extensive hedgerow near the
NW corner of the property.
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As noted above in the PUD discussion, the City Arborist was satisfied during Preliminary Review that his
recommendations concerning the proposed street trees were incorporated.
The applicant submitted a street tree planting plan, a typical planting plan for the transformer cabinets and
the utility pedestals, and the planting schedule for the pollinator hedgerow. The estimated value of the
pollinator plantings is $18,634 and the estimated value for implementing the LandWorks plan is $51,520 for
a total of $70,154. The minimum landscaping requirement for the project is $67,500. The Board finds that
the proposed plantings associated with the hedgerow in the NW corner of the property along with the
landscaping elements in the plans prepared by LandWorks provide sufficient value to meet the minimum
landscape requirement.
E911 Addresses
As part of the Findings of Fact & Decision for #SD-13-44, the Board established Condition #17 that the
"applicant shall submit E911 addresses for the proposed project, in conformance with the E911 addressing
standards, with the final plat application."
The applicant has added E911 addresses to Plan Sheet #1 per E911 addressing standards. The Board finds
this criterion to be met.
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:
A. Height.
(1) The maximum height of any occupied structure in the SEQ-NRP, SEQ-NRT, or SEQ-NR sub -district
shall not exceed forty-five feet (45'); the waiver provisions of Section 3.07(E) shall not apply to
occupied structures in these sub -districts.
(2) The maximum height of any occupied structure in the SEQ-VR or SEQ-VC sub -district shall not
exceed fifty feet (50'); the waiver provisions of Section 3.07(E) shall not apply to occupied structures
in these sub -districts.
In addition, the standards set forth in C-2 — Dimensional Standards Applicable in All Districts shall
apply. The most restrictive limitations shall apply at the time a zoning application is submitted. And
shall apply to the single, two (2) and three (3) unit buildings.
Note that for the multi -family (4+ unit) structures, section 3.07(C) & 9.05 (B) provide specific
provisions for projects with Master Plan approval. At this time, no 4+ unit buildings are proposed.
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
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This standard is satisfied, as discussed above from master plan approval.
(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.
As part of the Findings of Fact & Decision for #SD-13-44 the Board found this criterion satisfied with
respect to the block length below, and does so here as well. The average density remains below that
which is permitted in the sub -district.
(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 the Findings of Fact & Decision for #SD-13-44, the Board set forth Condition #14 which
stated that "(I)egal documents shall be worked out prior to final plat approval and recorded prior to
issuance of a zoning permit to reflect any portion of the subject area not addressed in the Master Plan
or Phase 1 approval. The applicant has submitted the proposed legal documents as part of the
preliminary plat. These will be reviewed by the City Attorney."
The applicant's letter notes that these documents are the same as the Phase I documents that were
previously approved. The applicant has also submitted language regarding the Phase II project that
will be incorporated into any sub -association governing documents.
The Board finds the applicant to have complied with the Condition and to have met this criterion.
(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.
As part of the Findings of Fact & Decision for #SD-13-44, the Board set forth Condition #7 which stated
that "(t)he proposed project shall adhere to the erosion control standards in Section 16.03 of the LDRs,
and the grading plan shall meet the standards in Section 16.04 of the LDRs."
The applicant affirms this Condition and states that they are met on the project plans. The Board finds this
criterion to be 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 shall be prohibited
within PUDs; the use of split rail or other fencing made of natural materials is encouraged.
As noted during Preliminary, there are small encroachments into a Class II wetland buffer and what
appears to be an isolated class III wetland on the site.
See the discussion above in A (4) of the PUD compliance analysis. The Board finds this criterion to be
met.
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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.
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 Board finds the proposal to comply with the Official Map, which proposes a road and a recreation
path or trail connection in the vicinity of those proposed on the Phase 2 plan.
(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.
See PUD standards for a discussion of recreation paths and sidewalks.
(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.
See above discussion under PUD standards.
E. Circulation. The project shall incorporate access, circulation and traffic management strategies
sufficient to prevent unsafe conditions on adjacent roads and sufficient to create connectivity for
pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles between
neighborhoods. In making this finding the Development Review Board may rely on the findings of a
traffic study submitted by the applicant, and the findings of any technical review by City staff or
consultants.
(1) Roads shall be designed in a manner that is compatible with the extension of such services
and infrastructure to adjacent properties.
(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.
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(3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and
neighborhoods shall apply.
See discussion above in the PUD section of this report.
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.
(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.
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The Board found this criterion was satisfied through the Master Plan.
9.08 SEQ-NR &NRT Sub -District; Specific Standards
The SEQ-NRT sub -district has additional dimensional and design requirements, as enumerated in this
Section.
A. Street, Block and Lot Pattern
(1) Development blocks. Development block lengths should range between 300 and 500 linear feet;
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.
(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).
The section extending to Spear Street is shown as depicted on the Master Plan and consists entirely of
open space / agricultural lands to the south, and a significant wooded area immediately north of the
proposed single family homes. A trail as shown on the Master Plan and preliminary plat bisects this
length.
The section extending to Phase I is proposed as a single road with homes on either side. This differs from
the Master Plan but includes the same — or possibly slightly less development area. To the east and west
of this development area are open spaces / agricultural areas. A trail crossing is proposed at
approximately the midpoint of this block.
The proposed Phase 2 plans largely consist of blocks lengths of 300 to 500 feet. However, as part of the
Findings of Fact & Decision for #SD-13-44, in Condition #10, the Board approved a waiver to the block
length requirement for the following:
a. The section of Marsh Road extending from Churchill Street to Spear Street which is nearly 1,000
feet in length.
b. The section of North Jefferson Road extending south of Marsh Road which is nearly 900 feet in
length.
The Board finds this criterion to have been met.
(3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line
and connected to adjacent parcels per section 15.12(D)(4) of these Regulations. Posting signs with a
notice of intent to construct future streets is strongly encouraged.
The only street stub proposed as part of this application is at the north end of North Jefferson Road. It is
proposed to be constructed to the property line.
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(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 development includes both individual lots for buildings as well as PUD sections with
shared lots. On average, the homes on the shared lots average a ratio of 1:1.5. Given the desires for
common open space and significant wetland buffers, the Board is comfortable with that ratio.
The majority of single family home lots are requesting waivers from the requirement above. It appears
as though only 3 of the 20 lots meet the full requirement. The majority of the remainder are near
compliance, in the 1:1.5 to 1:2 range, with a few odd -shaped lots at corners and other places.
In Condition #13 for its Findings of Fact & Decision for #SD-13-44, the Board found that the due to the
Master Plan and conservation of open space lots on the property, a waiver of these strict ratios was
deemed acceptable for Lots 40, 42, 47-49 and 54-55. The applicant has discovered that additional lots
will need this waiver which includes lots 39, 42-46 and 50-53. The Board's review indicates that lots 41,
54, and 55 also do not comply.
The Board hereby grants a waiver to the minimum lot width to depth ratio of 1:2 for Lots 39-47, 48a,
49a, and 50-55.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the NR sub-
district are intended to be low -speed streets for local use that discourage through movement and are
safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall be as set forth
in Tables 9-1 and 9-2, and Figures 9-4 and 9-5 of the SBLDR.
The Board has already commented on the roadway, sidewalk, and recreation path design.
(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, and must be connected in a pattern that promotes walkability throughout
the development. The DRB may in its discretion require supplemental sidewalk segments to achieve
this purpose.
(3) Street Trees; see Section 9.08(B)(3)
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.
As part of the Findings of Fact & Decision for #SD-13-44, the Board set forth Condition #8 — i which
stated that the 'final plat plans shall be revised to incorporate the recommendations of the City Arborist
contained in his memo of January 11, 2014."
The applicant indicates that they have incorporated these recommendations. In a November 19, 2014
email to Staff, the DPW indicated that the applicant's submissions had addressed the City Arborist's
comments.
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The Board finds this criterion to be met.
(4) On -street parking; see Section 9.08(8)(4).
On -street parking is appropriate in a small neighborhood. The roadway is of sufficient width and well -
planned to accommodate such.
(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).
See discussion of Condition #8-J on page 7. 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.
As part of the Findings of Fact & Decision for #SD-13-44, the Board established Condition #8-d which
stated that "(t)he final plat plans shall be revised to propose pedestrian -scaled light fixtures (e.g., 12' to
14').
The applicant has submitted Lighting Detail on plan sheet7 as well as cut -sheets of proposed luminaries
that are 14' high. The Board had asked for and the applicant has agreed to have these lights be LED.
The Board finds that the applicant has satisfied this Condition and this criterion is met.
C. Residential Design
As part of the Findings of Fact & Decision for #SD-13-44, the Board established Condition #13 which
noted that "(residential design standards provided in Section 9.08 (C) of the Land Development
Regulations shall be addressed at final plat review.
The applicant has submitted revisions to the "footprint units" in its plans received on October 28, 2014
as well as a revised version of its October 24, 2014 letter received by Staff on November 19, 2014 to
address the project's compliance with these standards.
(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).
All proposed buildings are oriented to the street. The Board finds this criterion to be met.
(2) Building Facades. Building facades are encouraged to employ a theme and variation approach.
Buildings should include common elements to appear unified, but facades should be varied from one
building to the next to avoid monotony. Front porches, stoops, and balconies that create semi -private
space and are oriented to the street are encouraged.
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See discussion below under Mix of Housing Styles.
(3) Front Building Setbacks. In pedestrian districts, a close relationship between the building and the
street is critical to the ambiance of the street environment. 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.
(4) Porches, stoops, and balconies may project up to eight feet (8') into the front setbacks. Porch,
stoop and balcony areas within the front setback shall not be enclosed or weatherized with glazing or
other solid materials.
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. None of the porches, stoops or balconies project into this setback.
The Board finds this criterion to be met.
(5) Placement of Garages and Parking. See Section 9.08(Q(4) and Figure 9-Z The front building line of
the garage must be set behind the front building line of the house by a minimum of eight feet.
The applicant provided an initial proposal with the application, and a supplemental proposal in an email
dated November 25, 2014. The Board finds that this criterion is largely met; see below under Mix of
Housing Styles for further discussion.
In a November 24, 2014 email the applicant requested a waiver to the 8 ft. garage setback for Lots 40,
41 and 60 arguing that "(w)e learned in construction on Phase 1, that with the limitation on lot size
and garage orientation, that we need to locate the garage forward of the home to allow for
safe egress (turn around -ability) in and out of the driveway. The 8'setback is pretty impossible
with these specific lot designs. As was the case with Lot 58 in Phase 1, we'd like the flexibility to
locate the garage where it makes the most sense. The very orientation of the lot precludes a
'snout house' from coming into being, but the language of the LDRs is too limiting for these lots
construction feasibility.
The Board supports this waiver for these three (3) lots with a condition that the garages would be side
loaded. These lots were conceived of during the Master Plan phase, prior to existence of the current
regulations.
The Board hereby grants a waiver to the garage setback requirement for Lots 40, 41 and 60 with a
condition that the garages would be side -loaded.
(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.
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The applicant submitted a 3-page letter entitled "South Village Residential Design Standards Guidelines;
For Residential Homes (Single Family, Duplex and Triplex, Carriage Home)" on December 2, 2014. The
guidelines cover the following topics: Overall Design, Entrys, Garages, Street Visible Elevations, Street
facing trim color detailing, Fencing, Windows, Flag Lot Variance and Additional Guidelines.
It includes drawings which illustrate the general layout of the proposed units. In the narrative, the
applicant proposes a methodology for determining whether the mix of housing styles has been met.
The narrative addresses these three aspects:
a) Assuring that terms are clear within the proposed standards (e.g., that a "full front porch" has a
minimum depth to it)
b) Presenting fagades that lessens the dominance of garage doors, particularly for duplex lots
c) Assuring variability in house styles, particularly for the duplexes.
The Board finds that the proposed conditions on the single family lots as well as the variability inherent
in "Custom" home building will result in an adequate mix of styles for the twenty single family homes.
The Board finds the proposed Guidelines acceptable to meet Criterion C. 6 above and also finds that the
applicant's proposed methodology will allow the Administrative Officer to effectively determine
compliance with these standards at time of final plat review.
The Design Guidelines referred to above shall be incorporated into this application.
The Plans show a proposed variation in the style of duplexes for units #22-23 and 28-29 from the other
proposed duplexes. These units shall be constructed in a similar manner as shown on the approved Plan
with fronts and driveways for the units facing onto different streets.
OTHER
As part of the Findings of Fact & Decision for #SD-13-44, the Board established Condition #8-e, that "the
final plat plans shall be revised to include all utility cabinets in compliance with Section 13.18 of the Land
Development Regulations."
The applicant has detailed such locations on Plan Sheet #11 and the landscaping plans have been revised
to provide screening details around all cabinets.
The Board finds the applicant to have fulfilled this Condition and that this criterion to be met.
Phasing
The phasing of various components of the project are addressed in the Master Plan. Staff recommended
that the decision include a condition that zoning permits be obtained for all the units in common
clusters A— D within five (5) years of approval with the option for requesting a one (1) year extension.
The Board hereby establishes said condition.
Notice of Conditions
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There are "footprint" lots proposed around units #1-37. For purposes of the Land Development
Regulations, all footprint lots within a cluster will be considered one lot.
DECISION
Motion by Bill Miller, seconded by Jennifer Smith, to approve final plat application #SD-14-33 of South
Village Communities, LLC subject to the following stipulations:
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 plat submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning.
The applicant shall obtain a zoning permit for the first building within six (6) months of this approval.
The Development Review Board grants a period of five (5) years for approval of the units in common
clusters A — D within five (5) years of approval. At such time as the five years is reached and the
applicant has not sought a zoning permit for any of these approved buildings, they shall be eligible,
per Section 17.04 of the South Burlington Land Development Regulations, for one (1) extension to
an approval if the application takes place before the approval has expired and if the Development
Review Board determines that conditions are essentially unchanged from the time of the original
approval. In granting such an extension, the Development Review Board may specify a period of
time up to one (1) year for the extension.
4. Prior to the issuance of the zoning permit for the 501h unit within Phase Two, the "Marsh Road"
connection to Spear Street shall be constructed.
5. The applicant shall obtain a Certificate of Occupancy prior to use or occupancy of any of the
buildings other than the single family dwellings and two (2) family dwellings.
6. The applicant shall receive final wastewater allocations prior to issuance of any zoning permits.
7. The applicant shall install "Common Land Stencils" (as depicted in the plans submitted by
LandWorks) on the trees behind Single -Family lots 38 - 55 to better distinguish development and
common open space areas.
8. The applicant shall provide an easement for a multi -use recreation path co -located with the
stormwater easement (shown on Drawing Number P-3 of the submitted plans) along the east side of
Spear Street from Allen Road to the northwest corner of the property.
9. The applicant shall comply with all of the Fire Chief's recommendations noted above with the
exception of the recommendation that "building number 40, 41, and 60 should have NFPA 13 D
residential sprinkler systems."
10. The Board approves the document entitled "South Village Residential Design Standards Guidelines;
For Residential Homes (Single Family, Duplex and Triplex, Carriage Home)" on December 2, 2014.
which sets forth the method by which the applicant will comply with the residential design
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guidelines.
11. The Board approves the following waivers:
a. The minimum lot width to depth ratio of 1:2 for Lots 39-47, 48a, 49a, and 50-55.
b. The garage setback requirement for Lots 40, 41 and 60 with a condition that the garages would
be side -loaded.
c. The section of Marsh Road extending from Churchill Street to Spear Street which is nearly 1,000
feet in length.
d. The section of North Jefferson Road extending south of Marsh Road which is nearly 900 feet in
length.
12. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
13. 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.
14. The applicant shall comply with the recommendations of the Department of Public Works as detailed in
the above Findings for PUD standard A.(9)
15. There shall be no use of herbicides or pesticides, nor non -organic fertilizers, within the wetlands or
associated buffers. This shall be reflected in the association documents which shall be reviewed by
the City Attorney prior to issuance of a zoning permit for the first building on the property.
16. There shall be no mowing within 25 feet of the wetlands on the property, and brush -hogging shall
be allowed no more than three (3) times per year, unless approved by the State Wetlands permit.
This shall be reflected in the association documents which shall be reviewed by the City Attorney
prior to issuance of a zoning permit for the first building on the property.
17. Any stormwater permit required from the Vermont Department of Environmental Conservation
(DEC) Stormwater Division shall be provided to the Administrative Officer prior to the issuance of
the first zoning permit.
18. Pursuant to Section 12.03 (F) 1 of the Land Development Regulations, the applicant shall submit
record drawings showing pipe invert elevations, drainage structure rim elevation, pipe material, final
grading, etc. prior to acceptance of the streets as City streets.
19. The applicant shall be responsible to regularly maintain all stormwater treatment and conveyance
structures on -site.
20. The final plat plans shall be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the
Administrative Officer prior to recording the final plat plans:
The plans shall be revised to show the installation of "Common Land Stencils" on the
trees behind Single -Family lots 38 — 55.
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b. The plans shall be revised to show that all "Stormwater Easement Area To City of South
Burlington" labels be updated to include the word proposed (e.g. "Proposed Stormwater
Easement Area To City of South Burlington").
c. Plat plan sheets P1 & P3 shall be revised to include the seal and signature of the land
surveyor.
21. Prior to issuance of a zoning permit for the first lot or start of utility or road construction, the applicant
shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format.
22. Prior to recording the final plat plans, all appropriate legal documents including easements (e.g.
irrevocable offer of dedication and warranty deed for the proposed public road, and utility, sewer,
drainage, and water, etc.) shall be submitted to the City Attorney for approval and recorded in the
South Burlington Land Records.
23. Prior to permit issuance for the first permit in each element indicated below, the applicant shall post
landscaping bonds in the amounts indicated. These bonds shall remain in full effect for three (3)
years to assure that the landscaping has taken root and has a good chance of survival.
a. Road construction, a $152,536 landscape bond for the street trees,
b. Start of building dwellings, a $67,500 landscape bond for the site landscaping which
includes the value of the pollinator plantings and the value of the buffer designs
proposed by LandWorks, which shall remain in effect for three (3) years.
24. Prior to start of construction of the improvements described in condition #22 above, the applicant
shall post a bond which covers the cost of said improvements, the amount of which must be
approved by the City Engineer.
25. Street trees must be in place along the street prior to adding the final layer of the pavement.
26. Any changes to the final plat plan shall require approval of the South Burlington Development
Review Board.
27. The mylars shall be recorded prior to any zoning permit issuance.
28. In accordance with Section 15.14(E) (2) of the Land Development Regulations, within 14 days of the
completion of the required improvements, the developer shall submit to the City Engineer "as -built'
construction drawings certified by a licensed engineer.
29. Any proposed utility cabinets, not shown on the record plans, must be approved by the
Development Review Board prior to installation.
30. The requirement that a management and maintenance plan for the dedicated open spaces be
submitted is satisfied by the existing approved plan which was approved as part of phase I of the
development.
32. All street lights shall be LED type.
33. For purposes of the Land Development Regulations, all "footprint' lots contained within Common
lots "A" through "D" shall be considered one (1) lot within each Common lot. The applicant shall
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#SD-14-33
record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to
recording the final plat plan.
34. The garages on lots #40, 41 and 60 shall be side loaded.
35. Units #22-23 and 28-29 shall be constructed in a similar manner as shown on the approved Plan with
fronts and driveways for the units facing onto different streets.
36. The final plat plans (sheets 1, P1, P2, and 133) shall be recorded in the land records within 180 days or
this approval is null and void. The plans shall be signed by the Board Chair or Clerk prior to
recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plats
in digital format. The format of the digital information shall require approval of the South Burlington
GIS Coordinator.
Tim Barritt—
yea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Brian Breslend —
yea
nay
abstain
not present
Bill Miller—
yea
nay
abstain
not present
David Parsons—
yea
nay
abstain
not present
Jennifer Smith —
yea
nay
abstain
not present
John Wilking —
yea
nay
abstain
not present
Motion carried by a vote of 6— 0 — 0.
fi�
Signed this 17 day of Dfl h bc— 2014, by
Tim Barritt, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant
to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is
$225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may
be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d)
(exclusivity of remedy; finality).
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