HomeMy WebLinkAboutSD-13-37 - Decision - 1840 Spear Street#SD-13-37
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC —1840 SPEAR STREET
FINAL PLAT APPLICATION #SD-13-37
FINDINGS OF FACT AND DECISION
South Village Communities, LLC, hereinafter referred to as the applicant, seeks to amend a previously
approved plan for a three phase, 334 unit planned unit development. The amendment consists of: 1)
relocating seven lots, and 2) resubdividing two of those lots into three lots, 1840 Spear Street.
The Development Review Board held a public hearing on December 17, 2013. Robin Jeffers (SD Ireland
Companies) and David Marshall, P.E. (Civil Engineering Associates) 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
The applicant seeks final plat approval to amend a previously approved plan for a three phase, 334 unit
planned unit development. The amendment consists of: 1) relocating seven lots, and 2) resubdividing
two of those lots into three lots, 1840 Spear Street.
1. The owner of record of the subject property is South Village Communities, LLC.
2. The subject property is located in the Southeast Quadrant (SEQ) Zoning District.
The cover sheet of the plan set submitted is entitled "Spear Street and Allen Road, South
Burlington, VT", prepared by Civil Engineering Associates, Inc., dated June, 2013, and last revised
11/14/13.
4. The amendment proposes minor changes in boundaries and sizes for several of the lots, and
minor shifts in roadway locations of Madison Lane and Chipman Street, all in Phase 1B of the
overall development. These are all proposed in order to accommodate front yard setback
requirements for a house on lot #23, and as were included as a condition of prior approval (non
weatherized porches may be 5' from the property line, but any enclosed/livable space must be
set back at least 10' from the property line). More specifically, the amendments include:
Increase the size of lot #23 to 0.16 acre, by moving the front boundary 5';
Shorten lots #29-31 from 114.01' to 113';
Resubdivide lots #39 and #40 into three lots (creating new lot 39A); and then Shorten
lots #39, #39A, and #40 by approx. 2' to 113.5%
Increase the size of common lot #26A by 373 sq ft, but still 0.09 acres;
Decrease the size of common lot #49 by 373 sq ft but still at 0.11 acres;
Move Chipman Street (west of Frost Street) 5' to the south, including curb realignment
to 'soften' the shift in the right of way;
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Move Madison Lane 1' to the north.
Dimensional Standards:
Minimum lot sizes for single family homes remain consistent with prior approvals for this project, and
are all above the minimum approved lot size of 3600 sq ft.
The applicant has proposed that lots #39 and #40, previously approved for triplexes, become three lots,
each with a duplex. Although there is no change in the development density based on number of
dwelling units, this does require a waiver of the minimum lot size for each lot. The new plan shows lot
#39 at 0.20 acre; lot #39A at 0.19 acre; and lot #40 at 0.21 acre.
The Master Plan approval is silent on the issue of minimum lot sizes for duplex lots. The Board has the
authority under the PUD provisions of the bylaw to issue a waiver on these lot sizes if it deems them
consistent with the standards.
As precedent, several other lots were previously approved as multi -unit dwellings on lots smaller than
the 0.55 acre/dwelling lot size base requirement in the LDRs: lots #31 and #32 are each only 0.23 acre in
size, lot #46 is only 0.26 acre, and lot #45, a triplex, is only 0.30 acre.
Based on this, the Board finds that granting these lot size waivers for duplex lots #39, #39A, and #40
acceptable and consistent with applicable standards and prior approvals for this project.
Site Plan Standards
Section 14.06 of the South Burlington Land Development Regulations establishes the following general
review standards for all site plan applications:
(a) 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.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable.
(c) 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.
(d) Newly installed utility services and service modifications necessitated by exterior alterations or
building expansions shall, to the extent feasible, be underground.
(e) The DRB 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.
(f) 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.
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There are no changes to the above criteria in relation to this application.
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.
(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 Land Development Regulations, any new utility lines, services, and
service modifications 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).
(d) Landscaping and Screening Requirements
There are no changes to the above criteria in relation to this application
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions 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.
(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.
(A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
(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.
(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
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(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.
(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.
(A)(8) Roads, recreation paths, storm water 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.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The Board finds that the proposed amendments meet the above criteria. The modification of open spaces
are consistent with the standards.
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 Southeast
Quadrant Zoning District.
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.
The Table of Uses and Dimensional Standards (Appendix C) also specifies the maximum building height
for the SEQ Sub -Districts, applicable at the time of zoning permit issuance. Section 3.07(C) Maximum
height related to projects with Master Plan approval, also applies.
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.
(2) Building lots, streets and other structures shall be located in a manner consistent with the
Regulating Plan for the applicable subdistrict allowing carefully planned development at the
average densities provided in this bylaw.
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The Board finds that the proposed amendments meet the above criteria.
9.07 Regulating Plans
A. Description and Regulatory Effect. The regulatory text of this Article is supplemented with
illustrations, officially known as the Regulating Plan, illustrating the dimensional and design concepts.
The Regulating Plan contains basic land planning and neighborhood design criteria that are intended to
foster attractive and walkable neighborhood development patterns. Design criteria and guidelines set
forth below are intended to address basic neighborhood design relationships related to scale,
connectivity, and overall orientation that promote pedestrian friendly development as follows in Section
9.07(C).
The Regulating Plan is an illustrative guide; it does not have the same force of regulation as does the text
in this bylaw. However, the Development Review Board will refer to both the Regulating Plan and the
text of this section in its project reviews
B. General Provisions
(1) The Regulating Plan shall apply to new development within the SEQNRT, SEQ-NR, SEQ-VR and SEQ-VC
sub -districts.
(2) All residential lots created on or after the effective date of this bylaw in any SEQ sub -district shall
conform to a standard minimum lot width to depth ratio of one to two (1:2), with ratios of 1:2.5 to 1:5
recommended.
C. Street, Block and Lot Patterns
(1) Overall Criteria: Development criteria within the Street, Block and Lot Pattern section are intended to
provide pedestrian -scaled development patterns and an interconnected system of streets that allow
direct and efficient walking and bicycling trips, and decrease circuitous vehicular trips.
(2) Street Design: The intention of street design criteria is to provide a system of attractive, pedestrian -
oriented streets that encourage slower speeds, maximize connections between and within
neighborhoods, and contribute to neighborhood livability.
(3) Building Design: The intention of the building design guidelines is to ensure that new housing and
commercial development reinforce a pedestrian friendly environment, while allowing creativity in design.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be
established by the applicant.
(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.
(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.
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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.
Provisions that enhance overall neighborhood and natural resource values rather than preservation of
specific soil types are strongly encouraged.
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.
(1) Sufficient water supply and wastewater disposal capacity shall be available to meet the needs of
the project in conformance with applicable State and City requirements, as evidenced by a City water
allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the
Department of Environmental Conservation.
(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.
(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.
E. Circulation. The project shall incorporate access, circulation and traffic management strategies
sufficient to prevent unsafe conditions on of 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.
(3) The provisions of Section 15.12(D) (4) related to connections between adjacent streets and
neighborhoods shall apply.
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The Board finds that the proposed amendments meet the above standards and do not constitute a
change where applicable.
9.09 SEQ-VR Sub -District; Specific Standards
The SEQ-NR sub -district has additional dimensional and design requirements as enumerated in this
Sertinn.
A. Street, Block and Lot Pattern
(1) Development blocks. Development block lengths should range between 300 and 500 linear feet. 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. cul-de-sacs) 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).
(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.
(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.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the VR 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 9-3 and 9-4, and Figures 9-8 and 9-9 below.
(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 trees
shall be large, deciduous shade trees with species satisfactory to the City Arborist. Street trees to be
planted must have a minimum caliper size of 2.5 to 3 inches DBH, and shall be planted no greater than
thirty feet (30') on center.
(4) On -street parking; see Section 9.08(8) (4).
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(5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and to
slow traffic; see Figure 9-6 and Section 9.08(B)(5).
(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.
The Board finds that the proposed amendments meet the above standards and do not constitute a
change where applicable.
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). A minimum of
thirty five percent (35%) of translucent widows and surfaces should be oriented to the south.
(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. Porches, stoops, and balconies may project up to eight feet (8')
into the front setbacks.
(4) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. The front building line of
the garage must beset behind the front building line of the house by a minimum of eight feet. Rear
Alleys are encouraged for small lot single-family houses, duplexes, and townhouses.
(5) Mix of Housing Styles. A mix of housing types is encouraged within neighborhoods and
developments. Housing types should be mixed within blocks, along the street and within
neighborhoods rather than compartmentalized into sections of identical housing types.
The Board finds that the above residential design standards do not apply as the project had a prior
approval and the proposed modification are minor in nature and are consistent with the original Master
Plan and preliminary/final play approvals.
DECISION
Motion by Tim Barritt, seconded by Bill Miller, to approve Final Plat Application #SD-13-37 of South
Village Communities, LLC, subject to the following conditions:
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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.
3. The 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 plan.
a. The subdivision plat shall be revised to include the signature and seal of the land
surveyor.
4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications shall be underground.
5. 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.
6. Prior to issuance of a zoning permit for the first lot or start of utility or road construction, all
appropriate legal documents, including easements (e.g., irrevocable offer of dedication and
warranty deed for the proposed public roads and utilities — water, sewer, drainage, etc. -) shall be
submitted to the City Attorney for approval, and shall be recorded in the South Burlington Land
Records.
7. Prior to the start of construction of the improvements described in #6 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.
8. Street trees must be in place along the street(s) prior to adding the final layer of pavement.
9. Prior to recording the final plat, the applicant shall coordinate with the City's E-911 Coordinator to
determine street addresses. The applicant shall then submit to the Administrative Officer a list of
the lot and street numbers.
10. Any changes to the final plat plan shall require approval of the South Burlington Development
Review Board.
11. The final plat plan (survey plat/mylar) shall be recorded in the land records within 180 days or
this approval is null and void. The plan 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
plat in digital format. The format of the digital information shall require approval of the Director
of Planning and Zoning.
12. All mylars shall be recorded prior to any zoning permit issuance.
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*SD.13-37
Mark Behr —
yea
nay
abstain
n2LA!—ese"t
Tim Barritt —
M
nay
abstain
not present
Art Klugo --
M
nay
abstain
not present
Michael Sirotkin —
yea
nay
abstain
not present
Bill Miller —
yea
nay
abstain
not present
David Parsons —
yeak
nay
abstain
not present
Jennifer Smith —
00
nay
abstain
not present
Motion carried by a vote of 6 — 0 — 0
Signed this /4 day of Aa*A&P 2013, by
AMTOW4�01'-
Art Klugo, Vice Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant
to 24 VSA 4471 and VRECP 5 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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