HomeMy WebLinkAboutSD-13-44 - Decision - 1840 Spear Street#SD-13-44
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC. —1840 Spear Street
PRELIMINARY PLAT APPLICATION #SD-13-44
FINDINGS OF FACT AND DECISION
Preliminary plat application #SD-13-44 of South Village Communities, LLC for approval of Phase II of 334
unit planned unit development. Phase II is to consist of the following: 1) 23 single family units, 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 February 4, 2014.. The applicant was
represented by David Burke.
Based on the plans and materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. Preliminary plat application #SD-13-44 of South Village Communities, LLC for approval of Phase II of
334 unit planned unit development. Phase II is to consist of the following: 1) 23 single family units,
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 application was received on December 10, 2013.
The plans submitted consist of a 19 page set of plans, page two (2) entitled, "South Village
Communities, LLC Spear Street South Burlington, VT Overall Phase 2 Plan", prepared by O'Leary -
Burke Civil Associates, PLC; dated 11/6/12
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-04-01. 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. Therefore, the three buildings
with ten dwelling units each and the one nine -unit building have been removed from these plans submitted
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for preliminary 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 a local road. Given the circumstances of this de minimus
change, the Board does not find that this rises to the threshold of requiring Master Plan
amendment/approval.
At the sketch plan level, it was identified that open space within the proposed preliminary plat differs
slightly from the approval Master Plan. The applicant indicated, in a letter dated January 24, 2014
"Central Open Space vs. Master Plan: While the area has changed slightly in configuration to include the
preservation of recently re -delineated wetland, the size of the proposed area is the same as on the
Master Plan." Given the circumstances of this de minimus change, the Board does not find that this rises
to the threshold of requiring Master Plan amendment/approval.
No changes in FAR, coverage, number of units, or PM Peak hour vehicle trip ends are proposed.
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.
Utility plans are submitted as part of the preliminary plat application, and have been submitted to the
Director of Public Works for review. The Director of Public Works has provided initial comments; both these
comments and applicant's responses are incorporated in the applicant's letter of January 14, 2014.
(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.
Grading and drainage plans are submitted as part of the preliminary plat application, and have been
submitted to the Director of Public Works for review. The Director of Public Works has provided initial
comments; both these comments and applicant's responses are incorporated in the applicant's letter of
January 14, 2014. The Director of Public Works shall review these responses at final plat.
(A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
Access to this project is proposed via an existing 48' wide public roadway directly across from Allen
Road, a proposed 24' wide roadway approximately 1,260' south of Allen Road, and a 24' wide roadway
approximately 1200' north of Allen Road. Each of these public roads access onto Spear Street and have
a 60' wide right-of-way. They feed into a public roadway network within the project boundaries.
As part of Phase 2 build -out, the applicant will be constructing the northerly connection to Spear Street,
as well as the connection, via North Jefferson Drive, to Phase 1 to the South.
Phase 1 has 156 units and is accessible via two (2) points of access to Spear Street. If Phase 2 were to
connect to Phase 1 prior to the construction of the northerly most access point on Spear Street, this
could create a situation with greater than 50 units accessed via a single point. Therefore, the second
access for phase II should be required prior to the issuance of the zoning permit for the 50th unit.
As discussed during sketch plan review, the applicant has proposed a phasing plan for roadway
connection and construction, in order to satisfy the threshold requirements in the LDRs.
The applicant states the following in letter from David Burke dated December 10, 2013:
"We understand that a second access to the South Village Master Plan will be required prior to
the completion of the 50`h unit constructed. This will either occur as the "North Jefferson"
extension to Spear Street as part of Phase Two or ("South Jefferson" extension connection to
Spear Street as part of Phase One. We also understand that once the 50`h unit within Phase Two
has been constructed, the "North Jefferson" connection to Spear Street will be required. "
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Circulation on this property is adequate. The preliminary plat differs from the Master plan, having
consolidated or eliminated certain local roads and lanes, and resulting in several roads which were
previously "single loaded" serving as dividers residential areas and open space now becoming double -
loaded. Delineation of the residential / open space is discussed elsewhere in these notes.
See additional notes from the Director of Public Works and Fire Chief below.
(A)(4) The project's design respects and will provide suitable protection to wetlands, streams, wildlife
habitat as identified in the Open Space Strategy, and any unique natural features on the site.
This phase of the master plan overlaps some Class III wetlands and is adjacent to the major Class II wetland
on the property. There is no development proposed in the Class II wetlands or its respective 50' buffer.
Applicant testified that some wetlands have moved since the original approval and the state wetland permit
amendment is underway. The Board finds this acceptable and requires that wetland conditions applicable
to Phase I apply here.
9.06(B)(5) also require 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. The applicant
has addressed in this with the proposal of the stormwater detention areas along the southeast line, and
the construction of a trail along the entire easterly property line. The applicant's letter dated December
10, 2013 states;
"Delineation (Public to Private — back of lots): This is only an issue for the non -single family lots,
as they will have preserved mature woods beyond their owned land may elect to include
additional traditional (shrubs, hedges, or fencing) delineation. The duplexes will include
"Footprint Lots" ownership of the land beneath their Unit. The current plans will utilize the
proposed trail network as the delineation between the Individual (Private) and Community
(Public) spaces. We remain open to input on further delineation, if deemed necessary/
desirable."
The Board will require that additional, common delineation be provided 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 because (a) experience elsewhere in the city shows that even mature woods can
become extensions to back yards, and (b) in some areas, the proposed trail is located a significant
distance from the boundaries of the development area / open space.
Pursuant to Section15.18 (B) (6) of the LDRs, the applicant shall submit a plan for the management and
maintenance of the dedicated open spaces created through the Master Plan. This was a requirement of
condition #9 of the Master Plan approval #MP-05-02 and has been complied with.
(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
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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.
In order to analyze this project's visual compatibility with the area, the entire master plan, of which this
project is Phase 2, must be considered. The master plan is visually compatible with the planned
development patterns of the Southeast Quadrant. The buildings, building lots, and roads are clustered
and concentrated towards the westerly portion of the property, creating significant open space areas in
the central and easterly portions of the subject property. The more than 132 acres of open space
preserved through this master plan will maintain the open character of the Southeast Quadrant and will
protect wetlands, woodlands, and wildlife habitat.
A portion of the proposed development differs somewhat from Phase I, with greater numbers of 2-
family units having direct driveway access from the road rather than through a lane or alley. See below
under Neighborhood Residential Design for additional review.
(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.
In order to analyze this project's open space areas, the entire Master Plan, of which this project is Phase
2, must be considered. The layout proposed through this Master Plan will preserve over 152 acres of
dedicated open space, mainly in the central and easterly portions of the subject property. The location
of this open space will create contiguous open space corridors with the properties to the south and
north of the subject property. The Board finds this standard to be met.
(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that
adequate fire protection can be provided.
The Fire Chief shall review the final plat plans prior to approval.
(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.
Most of the proposed infrastructure and services proposed for this project are consistent with the
infrastructure and services proposed in the Master Plan, of which this project is Phase 2. These services and
infrastructure have been designed to facilitate extension to adjacent properties. That said, please see
comments below on both sidewalks and the recreation path.
The Director of Public Works has provided initial comments, and these have been replied to. Both the
comments are replies are incorporated in the applicant's letter of January 14, 2014. The Director of Public
Works has not yet had the opportunity to review responses and will do so at final plat stage.
(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 preliminary plat application, including roadway profiles,
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recreation path details, and lighting cut sheets and point by point plan.
Recreation Path / Trails
The proposed recreation path has been reviewed for the entire master -planned development. The
Recreation Path Committee reviewed the recreation path and provided comments in a memorandum from
Tom Hubbard, dated December 10, 2004. The plans depicting the recreation paths, including their location
and timing of construction, have been approved as part of the Master Plan process.
The present plan shows a trail rather than a recreation path connecting from Phase I along the western side
of the phase II development and up to Spear Street. The Master Plan showed this trail as Phase II of the
recreation path. The Board will require that this trail be shown as a recreation path on the final plat plans
and show how it connects with the Phase I recreation path.
The Board takes notice of the minutes from a portion of the 1/8/14 Bicycle and Pedestrian Committee
minutes as they pertain to this project.
The remainders of trails depicted on the preliminary plat are substantially similar to the Master Plan.
Sidewalks
The proposed Phase II preliminary plat differs from the Master Plan with respect to sidewalks.
The Master Plan called for two principal north -south roads. One was to have sidewalks on one (1) side, and
the other sidewalks on two (2) sides. The proposed plans show a sidewalk on one side of the proposed
north -south street.
The preliminary plat also shows no sidewalks on the two smaller east -west links on the property. The
applicant addressed this prior to the Board hearing and has proposed the addition of sidewalks on the north
side of Churchill Road and the south side of North Jefferson Road between Churchill and Marsh Road (see
attached letter and drawing dated January 14, 2014).
Section 9.08 B (2) states that sidewalks are required on one side of the street.
The applicant shall address the issue of sidewalks at final plat review with input from the Public Works
Director.
The Board takes notice of the minutes from a portion of the 1/8/14 Bicycle and Pedestrian Committee
minutes as they pertain to this project.
Bicycle and Pedestrian Committee minutes except, 118/2014
South Village, Phase 2
South Village is proposing a second entrance into the neighborhood north of the current entrance. The
committee reviewed plans for South Village, Phase 2, and determined:
• Sidewalks on Churchill Stand March Rd should connect.
The Rec path should proceed through the new phase of the neighborhood, and eventually, along
Parkside Drive (eat end of South Point) through the conserved Nowland Farm Property and
connect to Nowland Farm Rd.
• Paths along Jefferson Rd and March Rd should connect through to Nowland Farm Rd.
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Jefferson Rd and March Rd should have a multi -use path behind the houses that line the eastside
of all roads which will connect toward Nowland Farm Rd. This is much safer than a path which
crosses driveways at the front of the houses.
We have further questions and concerns:
• Currently, there is a "trail" designated in the plan. Is this a multi -use path?
We would like to draw the developer's attention to the existing Rec Path recommendation for
this area.
Cathy informed the committee that Carolyn Long owns part of the land in question, and suggests that we
talk to her about preserving this land and possible ways to incorporate paths through it.
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.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
Phase 2 is consistent with the South Burlington Comprehensive Plan.
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.
Phase 2 is consistent with the South Burlington Comprehensive Plan.
(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.
The Board finds the project to provide a desirable transition from structure to site and from structure to
structure, as well as adequate planting and safe pedestrian movement. Again, 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.
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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 comply with this standard. The 4+ unit buildings will
be reviewed separately if and when applications are submitted.
This application includes one 3-unit structure. Although 3-unit structures are not exempt from the above
standard, the Board finds 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.
(B)(3) Without restricting the permissible limits of the applicable zoning district, the height and scale of
each building shall be compatible with its site and existing or adjoining buildings.
The Board finds 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.
(C)(1) The Board shall encourage the use of a combination of common materials and architectural
characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions
between buildings of different architectural styles.
The Board finds this criterion to be satisfied.
(C)(1) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing
buildings and roads in the vicinity that have a visual relationship to the proposed structures.
The Board finds this criterion to be satisfied.
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.
No additional easements are needed for this project (Phase 2 of the Master Plan).
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(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.
(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).
If any are proposed, they shall be shown on any plans submitted for final plat 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 street trees are above and beyond this minimum landscape requirement. The City
Arborist has offered comments on street trees, also incorporated into the document that follows, along
with the applicant's response to those comments.
E911 Addresses
The applicant shall submit E911 addresses for the proposed project, in conformance with the E911
addressing standards, with the final plat application.
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.
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Note that from the multi -family (4+ unit) structures, section 3.07(C) provides a specific provision for
projects with Master Plan approval. At this time, this standard is not applicable as the multi -family (4+
unit) structures are not proposed.
Building heights must remain below these limitations.
B. Open Space and Resource Protection.
(1) Open space areas on the site shall be located in such a way as to maximize opportunities for
creating usable, contiguous open spaces between adjoining parcels
This 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.
The Board finds this criterion satisfied with respect to the block length below. 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.
Legal 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 I
approval. The applicant has submitted the proposed legal documents as part of the preliminary plat.
These will be reviewed by the City Attorney.
(4) Sufficient grading and erosion controls shall be employed during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on
the subject property and adjacent properties. In making this finding, the Development Review Board
may rely on evidence that the project will be covered under the General Permit for Construction issued
by the Vermont Department of Environmental Conservation.
The project shall adhere to erosion control standards in Section 16.03 of the LDRs. The grading plan shall
meet the standards in Section 16.04 of the LDRs.
The applicant has submitted a grading and erosion control plan as part of the phasing plan. The Stormwater
Superintendent has reviewed the plans and given the size of the parcel, it will be subject to all levels of state
review.
(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 previously stated, there are small encroachments into a Class II wetland buffer and what appears to
be an isolated class III wetland on the site. The applicant's letter dated December 10, 2013, states:
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"Updating the cumulative wetland impacts is required by the Master Plan Wetlands Permit which
Civil Engineering Associates, Inc. obtained. As such, CEA has been provided the information to
incorporate the Phase 2 design with updating the Wetlands Permit. Please refer to the plan set for
specific areas along North Jefferson Road and Marsh Road."
This shall be addressed at final plat.
C. Agriculture. The conservation of existing agricultural production values is encouraged through
development planning that supports agricultural uses (including but not limited to development plans
that create contiguous areas of agricultural use), provides buffer areas between existing agricultural
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.
(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 above under PUD standards for a discussion of recreation paths. The project complies 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.
(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 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.
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(1) Roads shall be designed in a manner that is compatible with the extension of such services
and infrastructure to adjacent properties.
(2) Roads shall be designed in a manner that is consistent with City roadway plans and
maintenance standards, absent a specific agreement with the applicant related to maintenance
that has been approved by the City Council.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and
neighborhoods shall apply.
These items have all been previously addressed in 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.
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(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. The Board finds this criterion 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 proposed Phase 2 plans largely consist of blocks lengths of 300 to 500 feet. There are two notable
exceptions:
The section of North Jefferson Road extending from Churchill Street to Spear Street is nearly
1,000 feet in length.
The section of North Jefferson Road extending south of Marsh Road is nearly 900 feet in length.
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 Board finds this change acceptable.
(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.
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The only street stub proposed as part of this application is at the north end of Marsh Road. It is
proposed to be constructed to the property line.
(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 majority of single family home lots comply with the standards above. It appears as though lots 40,
42, 47-49 and 54-55, while in most cases very close to the standards, do not quite meet them. The Board
finds that the due to the Master Plan and conservation of open space lots on the property, a waiver of
these strict ratios is acceptable.
Portions of the proposed development are proposed as a large PUD without individual home lots. This
criterion applies to subdivision of land.
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.
The applicant proposes street trees in accordance with the regulations along both sides of every street.
The City Arborist has reviewed the plans and provided comments suggesting changes to tree species
which the applicant is agreeable to incorporate in to the final plat plans.
(4) On -street parking; see Section 9.08(B)(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).
This issue is to be discussed and resolved at final plat.
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(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.
See above under the consolidated public works comments. The proposed light poles are 16' in height. The
Board should confirm that these represent "pedestrian -scaled" fixtures.
The applicant indicated at the meeting that the plans would be revised to comply with this standard.
C. Residential Design
(1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for single
family and multi family buildings must face the street. Secondary building entries may open onto
garages and/or parking areas. (Special design guidelines apply to arterial streets).
All proposed buildings are oriented to the street.
(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.
(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.
(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.
The proposed building envelopes largely set back tightly to the street. The only exceptions are for a
handful of "flag lot" parcels that were identified in the Master Plan.
(5) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. The front building line of
the garage must be set behind the front building line of the house by a minimum of eight feet.
(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.
The applicant letter dated December 10, 2013 addresses the Residential Design, pursuant to Section
9.08(C) of the Regulations, including building orientation, building facades and front building setbacks,
placement of garages and parking, and mix of housing types. It includes drawings which illustrate the
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general layout of the proposed units. In the letter, the applicant proposes a methodology for
determining whether the mix of housing styles has been met.
Applicant's latest memo adds further clarification on building design and colors. In a further letter dated
January 14, 2014, the applicant addresses two-family homes.
The Board will discuss the proposed mix of housing styles and confirm that the applicant's proposed
methodology will allow the Administrative Officer to effectively determine compliance with these
standards at time of final plat review.
OTHER
Utility cabinets- The plans do not show utility cabinets. These shall be shown on any plans submitted as
part of a final plat application.
Phasing
The phasing of various components of the project are addressed in the Master Plan.
Notice of Conditions
There are "footprint" lots proposed around several of the units. 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 Art Klugo to approve preliminary plat application #SD-13-44 of South
Village Communities, LLC subject to the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. This project shall be completed as shown on the plan and shall be on file in the South Burlington
Department of Planning and Zoning.
3. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
4. Applicant shall obtain preliminary water and wastewater allocation approvals prior to final plat
approval.
5. The applicant shall obtain final wastewater allocation prior to issuance of a zoning permit.
6. The Fire Chief shall review the final plat plans.
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7. The 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.
8. The plans shall be revised to show the changes below prior to final plat submission:
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 I recreation path.
b. The final plat plans shall be revised to show sidewalks along the two (2) smaller east -west road
links.
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.
d. The final plat plans shall be revised to propose pedestrian -scaled light fixtures (e.g., 12' to 14').
e. The final plat plans shall be revised to include all utility cabinets in compliance with Section
13.18 of the Land Development Regulations.
The final plat plans shall show the phasing of construction of the public infrastructure, unless
the entire infrastructure will be constructed all at once, with the landscaping budget (street
trees) included for each phase.
The 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.
h. The final plat plans shall be revised to show a recreation path or trail along the western side of
the development.
i. The final plat plans shall be revised to incorporate the recommendations of the City Arborist
contained in his memo of January 11, 2014.
The final plat plans shall be revised to show street intersections in compliance with Figure 9-6 of
the LDRs.
9. Prior to the issuance of a zoning permit for the 50th dwelling unit within Phase Two, the "North
Jefferson" connection to Spear Street shall be constructed.
10. The Board approves a waiver to the block length requirement for the following:
The section of North Jefferson Road extending from Churchill Street to Spear Street which is
nearly 1,000 feet in length.
The section of North Jefferson Road extending south of Marsh Road which is nearly 900 feet in
length.
11. Prior to final plat approval, the applicant shall submit a copy of the state wetland permit for
encroachment into the class II wetland and wetland buffers.
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12. Residential design standards provided in Section 9.08 (C) of the Land Development Regulations shall
be addressed at final plat review.
13. The Board approves a waiver for the lot to width ratio requirement for the following lots:
40, 42, 47-49 and 54-55.
14. Legal documents shall be finalized prior to final plat approval and recorded prior to issuance of a
zoning permit to reflect any portion of the management not addressed in the Master Plan or Phase I
approval. These documents shall be reviewed by the City Attorney prior to recording.
15. In 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.
16. Further 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 multi family 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.
17. The 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.
18. The applicant shall submit E911 addresses for the proposed project, in conformance with the E911
addressing standards, with the final plat application.
19. The final plat application shall be submitted within 12 months of this decision.
Tim Barritt—
vea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Art Klugo —
vea
nay
abstain
not present
Bill Miller—
vea
nay
abstain
not present
David Parsons
vea
nay
abstain
not present
Jennifer Smith —
yea
nay
abstain
not present
Motion carried by a vote of 5 — 0 — 0
Signed this �% �day of , (�'� c. 2014, by
Tim Barritt, Chair
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Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental
Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South
Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See
V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vermontludiciary.org/GTC/environmental/default.aspx for more information on filing
requirements, deadlines, fees and mailing address.
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