HomeMy WebLinkAboutSD-05-92 - Decision - 1840 Spear StreetCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC
PHASE 1
PRELIMINARY PLAT APPLICATION #SD-05-92
FINDINGS of FACT AND DECISION
South Village Communities, LLC, hereafter referred to as the applicant, is requesting
preliminary plat approval to amend a planned unit development of Phase 1 consisting of
156 residential units and a 100-student educational facility, of a 334 residential unit
project. The amendment consists of: 1) realigning the connector street to Phase 111, and
2) revising the lot layout, 1840 Spear Street. The Development Review Board held a
public hearing on February 7, 2006. Dave Scheuer and Dave Marshall 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 is requesting preliminary plat approval to amend a planned unit
development of Phase 1 consisting of 156 residential units and a 100-student
educational facility, of a 334 residential unit project. The amendment consists of:
1) realigning the connector street to Phase III, and 2) revising the lot layout, 1840
Spear Street.
2. The owner of record of the subject property is Paul Calkins.
3. The subject property is located in the Southeast Quadrant (SEQ) Zoning District.
4. The plans submitted consist of a 25 page set of plans, page two (2) entitled,
"Phase I Subdivision Plat", prepared by Civil Engineering Associates, Inc., dated
Aug. 2004, last revised on 1 /27/06.
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 1) does not meet all of the dimensional standards
approved in the Master Plan. Specifically, the setbacks are not being met for several of the
properties. Furthermore, the setbacks listed on the cover sheet are not those approved as
part of the Master Plan.
ME
As was discussed during the Master Plan reconsideration, the applicant had requested 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 Development Review Board approved this with the Master Plan approval. Therefore,
any buildings with greater than three dwelling units shall be removed from the plans that
are submitted for final plat approval.
The estimated value of the multi -family dwelling units would be used to calculate the
minimum required landscape value, which would have to be bonded for by the applicant.
The applicant is requesting that the proposed three-family dwelling units be treated in a
manner similar to two-family dwelling units. This would allow the applicant to simply depict
building envelopes for the three-family dwelling units, and obtain a zoning permit prior to
their construction. This request was approved during the Master Plan reconsideration on
7/ 19/05.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations PUDs
shall comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
The utility plans are depicted on sheets C6.0 through C6.9 of the plans.
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.
The South Burlington Water Department has been reviewing the plans on an ongoing
basis.
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 City Engineer has been reviewing the plans on an ongoing basis. His most recent
comments are listed in memorandums dated June 2, 2005 and February 3, 2006.
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.
The grading and drainage plans are depicted on sheets C5.0 through C5.5 of the plans.
The erosion control plans are depicted on sheets C7.0 through C7.10 of the plans. The
grading and erosion control plans were reviewed by the City Engineer.
-2-
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to this project is proposed via a 48' wide pubic roadway directly across from
Allen Road and a 24' wide roadway approximately 1,260' south of Allen Road. Both 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. At this time, the
applicant is proposing to close the street network with two (2) cul-de-sacs: one (1) to the
north of the project and one (1) to the south of the project. These cul-de-sacs will only
be temporary, as the Master Plan, of which this project is Phase 1, depicts this public
roadway network extending to the north and to the east.
Circulation on this property appears to be adequate. The applicant is currently proposing
two (2) points of ingress and egress, and the master plan proposed two (2) additional
points of ingress and egress for the overall project. In addition, the master plan depicts
a right-of-way to the property to the north, which could facilitate an additional point of
ingress and egress in the future.
As part of the proposed amendments to the PUD, the applicant is proposing to install a
mini -roundabout at the intersection of the consolidated wetland road crossing and the
Village neighborhood. The applicant has stated that this will act as a traffic calming
device that deflects traffic away from the center of the Village neighborhood, keeping it
instead on the perimeter. Comments on the technical specifications of the roundabout
have been deferred to the Fire Chief and the Director of Public Works.
The Director of Public Works has stated that he will support the roundabout provided the
curbing is maintained in the roads which contribute to this roundabout. This curbing,
however, presents a possible challenge to emergency vehicles which need to cross this
intersection.
The Fire Chief has provided comments on the proposed roundabout in a letter dated
February 3, 2006. He has stated that given the five -inch height of the curbing, and the
tight turning radius, it will not be possible for the larger trucks to proceed through without
hitting at least two of the tree possible curbs, something which could possibly damage
the vehicles. At this time, his suggestion is to return to the concept of the four-way
intersection.
The applicant submitted a traffic impact study prepared by TND Engineering, dated April
8, 2004. The applicant also submitted a traffic impact study addendum, dated June 17,
2004. Both of these documents were submitted to Fuss and O'Neil for technical review.
The specific traffic management strategies to control access and circulation for the
proposed project will be provided as they become available.
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. However, there is encroachment into the Class III
wetland and/or their respective 50' wide buffers. The Natural Resource Committee
-3-
reviewed the proposed project on July 22, 2004 and recommended approval of the
preliminary plat plans with the following conditions:
1. phase in east -west roadway based on City need and/or project need;
2. if the east -west road is constructed, the NRC recommends:
a. wildlife -friendly design features
b. wetland protection features
3. locate bike paths and pedestrian paths in a manner that minimizes wetland
impacts;
4. if wetland experts disagree on the delineation at the DRB meeting, the NRC
recommends that the DRB invoke technical review;
5. no pesticide application;
6. no mowing in wetlands and/or their buffers;
7. disturbance of wetland vegetation should be limited to remediation activities;
8. no planting non-native species in wetlands or their buffers.
9. that the bridge crossings avoid the use of pressure treated wood.
The amendments proposed as part of this application were reviewed by the South
Burlington Natural Resources Committee on January 5, 2006. They added one
recommendation, that the bridge crossings avoid the use of pressure treated wood, to
their previous comments on the proposal.
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.
In order to analyze this project's visual compatibility with the area, the entire master plan,
of which this project is phase 1, 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.
This project has five (5) lots that intersect the Spear Street — Allen Road Scenic View
Protection Overlay District. These lots shall comply with the building height restrictions
outlined in Section 10.03(F) of the Land Development Regulations. As long as these lots
comply with these height restrictions, the project will offer scenic view protection.
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 1, 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 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 South Burlington Fire Chief has been reviewing the plans on an ongoing basis.
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.
All 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
1. These services and infrastructure have been designed to facilitate extension to adjacent
properties.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The applicant shall submit proposed lighting details (cut -sheets) for the multi -family units
involved in Phase 1 of the project.
The proposed recreation path is depicted for the entire master -planned development, of
which this project is Phase 1. 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 project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed project is consistent with the South Burlington Comprehensive Plan and the
South Burlington Land Development Regulations.
-5-
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:
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 proposed project accomplishes a desirable transition from structure to site and from
structure to structure. The site provides for adequate planting and safe pedestrian
movement.
According to Table 13-1 of the South Burlington Land Development Regulations, the
parking requirement for the proposed three-family dwelling units is 2.25 spaces per unit.
The level of detail required for the parking related to this project will be determined at the
Master Plan reconsideration. Specifically, the Development Review Board shall determine
at which stage to review the parking requirements for this project.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The proposed parking plan for the residential units is in compliance with this requirement.
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 maximum height for buildings with a pitched roof is 40' from average pre -construction
grade. The maximum height for buildings with a flat roof is 35' from average pre -
construction grade.
In addition, five (5) of the proposed lots fall within the Spear Street — Allen Road Scenic
View Protection Overlay District. These lots shall comply with the building height
restrictions outlined in Section 10.03(F) of the Land Development Regulations. It has
already been stated that the plans shall be revised to indicate that maximum building
heights for these five (5) lots.
The elevations for the mullti-family buildings shall be reviewed as part of the site plan
review for each multi -family building.
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.
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.
This criterion is being met.
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.
This criterion is being met
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington Land Development Regulations:
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.
It is not necessary for the Development Review Board to require any additional easements
for this project (Phase 1 of the Master Plan).
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.
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).
Pursuant to Section 13.06(C)(1) of the South Burlington Land Development Regulations,
any dumpsters and utility cabinets on the site shall be effectively screened to the approval
of the Development Review Board.
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 applicant must submit information on the
estimated buildings costs of the proposed three-family dwelling units and a landscape
budget indicating the value of the proposed landscaping. The applicant's landscape plans
for the proposed street trees are included on sheet L-2 of the plans. Sheets L-3, L-3a, and
L-3b show typical landscaping details for single-family, two-family, and three-family dwelling
-7-
units. The City Arborist reviewed the proposed street tree plan and provided comments in
a letter dated August 11, 2004. He will continue to review the project.
Furthermore, as part of the Fire Chief's comments dated February 3, 2006, he stated
that the tree locations, as proposed in accordance with the South Burlington Land
Development Regulations, do not adequately allow for fire suppression or rescue
capabilities. He has asked that the Development Review Board grant a waiver to
address this issue.
While the Board supports an adjustment in the planting of street trees to better facilitate
emergency services, such an adjustment should be done with the consultation of the
applicant, staff, the Fire Chief and the city arborist.
Restricted Areas
This project has buildings and building lots proposed in designated "restricted areas", as
depicted on the Southeast Quadrant Official Zoning Map. The project has development
proposed in a "restricted area" designated to facilitate a planned roadway. The applicant
has proposed a roadway network through the property that will connect Midland Avenue
to Spear Street. Thus, the "restricted area", designed to facilitate the planned roadway,
as labeled on the "Southeast Quadrant Official Zoning Map", is no longer necessary.
The project also has building lots proposed in a "restricted area" designated to protect
scenic views. A portion of this "restricted area" overlaps the Spear Street — Allen Road
Scenic View Protection Overlay District. The applicant is following the building height
requirements for the Spear Street — Allen Road Scenic View Protection Overlay District,
as outlined in Section 10.03(F) of the Land Development Regulations. Thus,
development in the "restricted area" that overlaps the Spear Street — Allen Road Scenic
View Protection Overlay District is warranted. In addition, the application is proposing
building lots in the "restricted area" along Spear Street that is designated for a scenic
view corridor. This development is consistent with the intent and purpose of the
Southeast Quadrant Zoning District, as development in this "restricted area" allows the
applicant to cluster more of the units towards the westerly portion of the property, away
from the wetlands, wildlife habitat, and other natural resources that comprise the central
and easterly portions of the property.
All of the proposed building locations are in conformance with the approved Master Plan.
Street Names
The applicant shall submit street names for the proposed project, as approved by the South
Burlington Planning Commission.
E911 Addresses
The applicant shall submit E911 addresses for the proposed project, in conformance with
the E911 addressing standards.
DECISION
Motion by & a Lc-, Qu i*, seconded by pa bA11660k_
to approve Preliminary Plat Applica ion #SD-05-92 of South Village Communities, LLC.,
subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as amended
herein.
2. This project shall be completed as shown on the plat submitted by the applicant, and
on file in the South Burlington Department of Planning and Zoning.
3. The plans shall be revised prior to final plat submittal as follows:
a. The plans shall be revised to depict the building envelopes as in compliance with
the dimensional standards approved in the Master Plan.
b. The cover sheet shall be revised to list the setbacks as approved during the
Master Plan process.
c. The plans shall be revised to remove the building envelopes currently being
shown on some of the proposed common lots.
d. The plans shall be revised to comply with the requests of the South Burlington
City Engineer, as outlined in his memorandums dated June 2, 2005, and February 3, 2006,
prior to submittal of the final plat application.
e. The plans, specifically Sheet C4.10, shall be revised to show the westerly
boundary of the Spear Street right-of-way.
f. The roadway plans shall be revised to the mutual satisfaction of the City
Engineer, Director of Public Works, and Fire Chief.
g. The plans shall be revised to depict all wetlands and buffer barriers on the site
plan.
h. The plans shall be revised to indicate the maximum building heights for the
five (5) lots that intersect the Spear Street — Allen Road Scenic View Protection Overlay
District, as outlined in Section 10.03(F) of the Land Development Regulations.
i. The plans shall be revised to include the approved street names and E 9-1-1
addresses.
j. The street tree planting plan shall be revised to meet the satisfaction of the City
Arborist and the Fire Chief.
4. The applicant shall comply with the requests of the South Burlington City Engineer, as
outlined in his memorandums dated June 2, 2005, and February 3, 2006, prior to submittal
of the final plat application.
5. The South Burlington Water Department shall review the water plans and provide a final
set of comments prior to final plat approval.
6. 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.
7. The applicant shall submit a revised traffic impact study based on the changes
proposed as part of this amendment with the final plat submittal.
8. The applicant shall adhere to the comments of the Natural Resources Committee as
outlined in the minutes of their July 22, 2004 and January 5, 2006 meetings.
1. phase in east -west roadway based on City need and/or project need;
2. if the east -west road is constructed, the NRC recommends:
a. wildlife -friendly design features
b. wetland protection features
3. locate bike paths and pedestrian paths in a manner that minimizes wetland
impacts;
4. if wetland experts disagree on the delineation at the DRB meeting, the NRC
recommends that the DRB invoke technical review;
5. no pesticide application;
6. no mowing in wetlands and/or their buffers;
7. disturbance of wetland vegetation should be limited to remediation activities;
8. no planting non-native species in wetlands or their buffers.
9. that the bridge crossings avoid the use of pressure treated wood.
9. Pursuant to Section15.18 (B)(6) of the Land Development Regulations, the applicant
shall submit a plan for the management and maintenance of the dedicated open spaces
created through the Master Plan. The management and maintenance plans shall be
submitted to and approved by the Director of Planning and Zoning, prior to final plat
approval for Phase 1. Any issues on which the Director of Planning and Zoning seeks
technical review shall be conducted at the applicant's expense.
10. The South Burlington Fire Chief shall review the plans and provide a final set of
comments prior to final plat approval.
11. The applicant shall submit lighting cut sheets as part of the final plat submission.
-10-
12. The applicant shall submit street lighting details and cut sheets, as part of the final plat
submission.
13. All of the proposed roadways and sidewalks shall be compatible with the approved
Master Plan.
14. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
15. Pursuant to Section 13.06(C)(1) of the South Burlington Land Development
Regulations, any dumpsters and utility cabinets on the site shall be effectively screened to
the approval of the Development Review Board.
16. The applicant shall submit information on the estimated landscaping costs associated
with the proposed three-family dwelling units with the final plat application.
17. Pursuant to Section 13.06(G) of the Land Development Regulations, the applicant shall
submit a landscape budget indicating the value of the proposed site landscaping and street
tree landscaping, with the final plat application. The site landscaping budget shall be
separated from the street tree landscaping budget.
18. The South Burlington City Arborist shall review the landscaping plans and provide a
final set of comments prior to final plat approval.
19. The screening of the utility cabinets shall be approved by the South Burlington
Development Review Board as an amendment to the final plat.
20. The applicant shall pay all applicable impact fees prior to issuance of the zoning permit
for each unit.
21. Pursuant to Section 15.08 (D) of the South Burlington Land Development
Regulations, the applicant shall submit homeowner's association legal documents with
the final plat application. The documents that include language that:
a. ensures that the garages will not be converted to living space;
b. prohibits the storage and parking of recreational vehicles within the
development;
c. prohibits clearing of land, disturbance of land, or application of pesticides
within wetlands or wetland buffers, except for the Class III wetland on Lot 16 and
the Class III wetland to the west of Lot 20;
d. ensures that the association shall assume all maintenance responsibilities for
the sewage pumping station;
AND
e. ensures that the association shall assume all maintenance responsibilities for
the stormwater drainage facilities until such time as a future City stormwater
utility accepts the stormwater infrastructure.
- 11 -
22. The final plat application shall include a Certificate of Title as required pursuant to
Section 15.17 of the South Burlington Land Development Regulations.
23. Pursuant to Section 15.17 of the South Burlington Land Development Regulations,
prior to issuance of the first zoning permit or start of utility or road construction, the
applicant shall submit all appropriate legal documents including easements (e.g.
irrevocable offer of dedication and warranty deed for proposed public roads, utility,
sewer, drainage, water, and recreation paths, etc.) to the City Attorney for approval and
recorded in the South Burlington Land Records.
24. Prior to the start of construction of the improvements described in the condition
above, the applicant shall post a bond which covers the cost of said improvements.
25. Pursuant to Section 15.14(E)(2) of the South Burlington Land Development
Regulations, within 14 days of the completion of required improvements (e.g. roads,
water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City
Engineer, "as -built" construction drawings certified by a licensed engineer.
26. The applicant shall submit for final plat approval within 12 months
Mark Behr -(Ye'/nay/abstain/not present
Matthew Birmingham - nay/abstain/ of present
Chuck Bolton - yea/nay/abstai not presen
John Dinklage - yea/nay/abstain no present
Roger Farley - e ay/abstain/no resent
Larry Kupferman - re may/abstain/not present
Gayle Quimby - Onay/abstain/not present
Motion carried by a vote of
Signed this 10 day ���✓ V` 2006, by
Mark Behr, Vice Chairman
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;
-12-