HomeMy WebLinkAboutMP-05-02 - Decision - 1840 Spear StreetCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
SOUTH VILLAGE COMMUNITIES, LLC
MASTER PLAN APPLICATION #MP-05-02
FINDINGS of FACT & DECISION
South Village Communities, LLC, hereafter referred to as the applicant, is seeking
Master Plan approval pursuant to Section 15.07 of the South Burlington Land
Development Regulations to amend a planned unit development consisting of: 1) a 334
residential unit traditional neighborhood design to include single-family, two-family, and
multi -family dwelling units, 2) a 100-student educational facility, and 3) a 35-acre
community -supported farm. The amendment consists of: 1) eliminating two (2) streets,
2) relocating a street to reduce wetland impacts, and 3) revising the lot layout resulting
from the street modifications, 1840 Spear Street. The Development Review Board held
a public hearing on February 7, 2006. Dave Scheuer and Dave Marshall represented the
applicant.
Master Plan approval for this property is required by Section 15.07(B)(1) of the South
Burlington Land Deve►opment Regulations as a prerequisite to the development of ten
(10) or more residential units in the Southeast Quadrant Zoning District (SEQ). A
technical correction was approved on August 16, 2005 to condition #21. The
Development Review Board held its final public hearing on the subject application on
February 7, 2006.
Based on testimony provided at the above mentioned public hearings and the plans and
supporting materials in the document file for this application, the Development Review
Board finds, concludes, and decides the following:
FINDINGS of FACT
This application consists of a Master Plan for a planned unit development
consisting of 334 residential units; a 100-student educational facility, and a 35-
acre community -supported farm, 1840 Spear Street.
2. The application is based upon a 24 page set of plans, page two (2) entitled,
"Master Plat Plans", prepared by Civil Engineering Associates, Inc., dated Aug
2004, last revised on 1 /26/06.
3. The owner of record of the property is Paul Calkins.
4. The application was deemed complete pursuant to 15.07(3) of the Land
Development Regulations.
Master Plan Application
The following information was relied upon in making this decision pursuant to Section
15 07(C)(3) of the Land Development Regulations:
a. An accurate Master Plan has been submitted.
b. The title block is "South Village — South Burlington, Vermont — Spear Street and
Allen Road."
c. The plans were prepared by Civil Engineering Associates, Inc.; Looney Ricks
Kiss; TND Engineering; LandWorks; and Applied Ecological Services, Inc.
d. A list of abutters was provided with the application and the names of abutters are
included on sheet C2.1 of the plans.
e. The Master Plan application and the plans referenced in (b) above include the
following information:
i. The combined area of the property subject to the Master Plan is
224.18 acres.
ii. The plan indicates that 58.3 acres (Phase 1: 25 acres; Phase 2:
18.2 acres; and Phase 3: 15.1 acres) are proposed for
development and 165.88 acres are proposed for open space.
iii. Public amenities and facilities indicated on the plans include public
streets, a public water system, a public sewer system; a public
stormwater drainage system, and a public recreation path.
iv. The maximum overall coverage proposed for the property is
13.9% (30% permitted). The maximum building coverage
proposed for the entire property is 5.5% (15% permitted).
v. The total number of residential dwelling units proposed by the
applicant for the entire property is 334. This total includes the 269
units yielded through the base density in the Southeast Quadrant
(1.2 units/acre), plus the 65 units yielded through the 25% density
bonus for providing mixed -rate housing, pursuant to Section 13.14
of the Land Development Regulations.
vi. The traffic study prepared by TND Engineering estimates a
maximum PM peak hour VTE count of 336.
vii. The sewer and water master plan is depicted on sheet C5.0 of the
plans and has been reviewed by the City Engineer and the
Superintendent of South Burlington Water Department.
viii. The roadway and sidewalk details, including the proposed
hierarchy system, are outlined on sheets T4.1 though T4.6 of the
plans. The plans have been reviewed and by the Director of
Public Works.
ix. The existing conditions plans on sheet C2.1 of the plans depict 2'
contour intervals. Other sheets depict 5' contour intervals, which
are in compliance with this requirement.
x. The boundary survey for the property is depicted on sheet S1.0 of
the plans.
xi. The proposed northerly and southerly street intersections have
been staked in the field and have been designed to intersect
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existing driveways and/or undeveloped lots along the westerly
side of Spear Street.
xii. The roadway waivers that the applicant is requesting are as
follows:
• Minimum pavement width for collector streets from 30' to: 20' at wetland
crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one
side and 20' at bulbouts; and 26' (with a 28' structural base under designated
"collector routes provided that adequate clearances are provided for large vehicle
turning movements).
• Minimum pavement width for local streets from 28' to: 20' at wetland crossings;
26' with parking on one side; and 24' with no striped parking (parking is
prohibited).
• Minimum radius of curves for collector streets from 500' to 300' (30 mph) or 180'
(25 mph).
• Minimum radius of curves for local streets from 300' to 180'
• Minimum tangent length between curves for collector streets from 150' to 50'.
• Minimum tangent length between curves for local streets from 100' to 50'.
• Minimum distance between centerline offsets for local streets from 200' to those
dimensions outlined below:
➢ C Street to D Street along F Street - 145'
➢ G Street to C Street along F Street - 150'
➢ G Street to B Street along F Street - 145'
➢ Common Lane (south) to E Street along E Street - 60'
➢ Common Lane (south) to E Street along D Street - 86'
➢ Common Lane (north) to A Street along A Street - 50'
➢ Common Lane (north) to A Street along B Street - 190'
• Minimum vertical (stopping) sight distance from 300' to 150' for collector streets
(25 mph posted speed). No waiver is requested for proposed street intersections
at Spear Street.
• Minimum vertical (stopping) sight distance from 200' to 150' for local streets (25
mph posted speed).
• Minimum horizontal (corner) sight distance for collector streets from 500' to 280'
on internal South Village intersections with collector roads (i.e. A Street, D Street,
E Street), stopping sight distance requirements should be met at all remaining
intersections based on expected operating speeds of on -site traffic. No waiver is
requested for proposed street intersections at Spear Street
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• Minimum horizontal (corner) sight distance for local streets from 500' to 280' on
internal South Village intersections with collector roads (i.e. A Street, D Street, E
Street), stopping sight distance requirements should be met at all remaining
intersections based on expected operating speeds of on -site traffic.
xiii. The Southeast Quadrant dimensional standard waivers that the
applicant is requesting are as follows:
• A Single-family minimum lot size from 12,000 square feet to 3,600 square feet.
• Single-family maximum building coverage from 15% to 42%.
• Single-family maximum lot coverage from 30% to 61 %.
• Single-family front yard setback from 20' to 10'.
• Single-family rear yard setback from 30' to 10' (5' for rear lanes).
• Multi -family maximum building coverage from 15% to 50%.
• Multi -family maximum lot coverage from 30% to 65%.
• Multi -family front yard setback from 20' to 10'.
• Multi -family rear yard setback from 30' to 5'.
b. Proposed Development Areas in the Master Plan Application
The Master Plan application includes three (3) proposed development areas, as follows:
Phase 1: Village Center
156 units and a 100-student
school, southwesterly
portion of ropert .
Phase 2: Fields Edge
99 units, northwesterly
portion of property.
Phase 3: The Ridge
79 units, southeasterly
portion of the property.
Pursuant to Section 15.18 (A) of the South Burlington Land Development Regulations
Master Plans shall comply with the followinq standards and conditions:
1. §15.18(A)(1) Sufficient water supply and wastewater disposal capacity is
available to meet the needs of the project in conformance with applicable State
and City requirements, as evidenced by a City water allocation, City wastewater
allocation, and/or Vermont Water and Wastewater Permit from the Department of
Environmental Conservation.
The City does currently have adequate water supply capacity to serve the proposed
project, which is estimated to demand 115,000 gallons per day. The Bartlett Bay
wastewater treatment facility currently has sufficient capacity to serve the proposed
project, which is estimated to generate 72,000 gallons per day. The City Wastewater
Ordinance has specific provisions to allow large-scale project to obtain wastewater
allocation permits during the approvals of specific phases of a Master Plan. Thus, the
applicant will obtain water allocation and wastewater allocation approval at each of the
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three (3) proposed phases of this project. In addition, the applicant will obtain State
permits in conjunction with the approval of the three (3) phases of this project.
2. §15.18(A)(2) Sufficient grading and erosion controls will be utilized during
construction and after construction to prevent soil erosion and runoff from
creating unhealthy or dangerous conditions on the subject property and adjacent
properties. In making this finding, the DRB may rely on evidence that the project
will be covered under the General Permit for Construction issued by the Vermont
Department of Environmental Conservation.
Individual preliminary and final plat applications will be evaluated for conformance with
this criterion and the provisions of Article 16 of the Land Development Regulations,
Construction and Erosion Control.
3. §15.18(A)(3) The project incorporates access, circulation and traffic
management strategies sufficient to prevent unreasonable congestion of adjacent
roads. In making this finding the DRB may rely on the findings of a traffic study
submitted by the applicant, and the findings of any technical review by City staff
or consultants.
The applicant submitted a traffic impact study prepared by TND Engineering, dated
through December 22, 2004. The applicant also submitted a traffic impact study
addendum, dated through December 22, 2004. Both of these documents were
submitted to Fuss and O'Neil for technical review. John Dietrich, of Fuss and O'Neil,
provided his finding on the proposed roadway design waivers in a memorandum dated
February 7, 2005. The specific traffic management strategies to control access and
circulation for the proposed project will be conditioned and implemented at each of the
three (3) phases of this Master Plan. John Dietrich provided his finding on the proposed
roadway design waivers in a memorandum dated February 4, 2005.
The Director of Public Works has been extensively involved in the review of this Master
Plan because of the significance of the public roadway waivers the applicant is
requesting. His comments are outlined in two (2) memorandums dated November 21,
2002 and September 7, 2004.
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.
4. §15.18(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. In making this finding the DRB shall
utilize the provisions of Article 12 of these Regulations related to wetlands and
stream buffers, and may seek comment from the Natural Resources Committee
with respect to the project's impact on natural resources.
The subject property has a major Class II wetland extending from the northerly to the
southerly boundaries. The presence of this wetland was a major factor in the design of
the proposed master plan. All of the proposed buildings and building envelopes avoid
encroaching into this Class II wetland and its associated 50' wide buffer. The roadway
layout has been revised, per condition of the Agency of Natural Resources, to reduce
the wetland crossings from two locations to one. This has reduced the net impact into
the Class II wetland but increased the encroachment into the associated 50' buffer.
There are numerous Class III wetland and wetland buffer encroachments by buildings,
building envelopes, and roadways. The wetland impacts of the proposed master plan
are minimal relative to the surface area of wetlands on the subject property. The
applicant's wetland consultant, Art Gilman, submitted a memorandum dated June 4,
2004, addressing the criteria in Section 12.02(E) of the Land Development Regulations.
In addition to wetland constraints, there are significant wildlife habitat impact concerns
on the subject property. The large swath of wetland area covering the property will serve
as a significant open space corridor to facilitate wildlife habitat and movement. The
large wooded area along the easterly property boundary, known as the "Great Swamp",
has been identified as one of the most significant natural areas in South Burlington. Due
to these wildlife concerns, the applicant has not proposed any buildings or building
envelopes in this area, thus leaving the area intact.
However, there is another wooded area to the west of the larger one referenced above,
located in between the two (2) fingers of the large Class II wetland. This "ridge" area,
by virtue of its location between the "Great Swamp" and five -acre residentially -zoned
areas and associated woodland areas to the south in Shelburne, also contains features
that make it suitable as wildlife habitat. The applicant has proposed 80 units in and
adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west
roadway connecting Spear Street to Midland Avenue is proposed to cross through the
southerly portion of this wooded area.
The applicant's certified wildlife biologist, Dave Capen, submitted a wildlife study dated
June 2004, addressing the project's wildlife impacts.
The South Burlington Natural Resources Committee (NRC) reviewed the proposed
Master Plan on July 8, 2004 and July 22, 2004. The NRC was provided with copies of
the applicant's wetland consultant's memorandum referenced above and the applicant's
wildlife study referenced above. In addition, the NRC visited the site with the applicant,
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the applicant's wetland consultant, the applicant's wildlife biologist, the applicant's civil
engineer, and other applicable parties. The NRC recommended approval of the
proposed Master Plan with the following conditions:
1. eliminate the southeasterly pod (Phase 3: The Ridge) for wildlife habitat
protection considerations;
2. phase in east -west roadway based on City need and/or project need;
3. if the east -west road is constructed, the NRC recommends:
a. wildlife -friendly design features
b. wetland protection features
4. locate bike paths and pedestrian paths in a manner that minimizes wetland
impacts;
5. if wetland experts disagree on the delineation at the DRB meeting, the NRC
recommends that the DRB invoke technical review;
6. no pesticide application;
7. no mowing in wetlands and/or their buffers;
8. disturbance of wetland vegetation should be limited to remediation activities;
9. no planting non-native species in wetlands or their buffers.
10. 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.
At the meeting on September 28, 2004, the Development Review Board invoked
technical review of the original wetland delineations performed by Art Gilman. The City
hired Pioneer Environmental to conduct the technical review. The determinations of
Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated
November 12, 2004.
The City has identified housing, the connection of neighborhoods, and wildlife protection
as three (3) major priorities in the development of South Burlington. There is a
challenge in balancing these priorities, as they are in conflict with regard to Phase 3 of
the proposed Master Plan. The original plans had 111 units proposed in this area and
staff suggested that the 65 units and lots that comprise the upper portion of Phase 3
should be displaced elsewhere within the project. This would preserve a vast majority of
the wooded area and protect the integrity and functionality of the open space and wildlife
corridor in this area. The applicant moved all but three (3) of the lots out of the subject
woodland area. Three (3) of the apartment buildings were displaced into the southern
portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units.
Staff feels that this revision to the original plans is an adequate compromise between
preserving the wildlife habitat in the subject wooded area and providing housing.
The South Burlington City Council and staff feel very strongly that the east -west roadway
connecting the proposed project to Midland Avenue must be constructed. Dorset Farms
was permitted with the explicit understanding that Midland Avenue would be connected
to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a
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significant number of housing units in this area, and it is very important that they are
connected from a safety, traffic management, and community planning perspective.
5. §15.18(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 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.
The proposed 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
165 acres of open space preserved through this Master Plan will maintain the open
character of the area and will protect wetlands, woodlands, and wildlife habitat. By
eliminating the proposed units in the upper portion of Phase 3, the applicant has
increased the protection of wildlife habitat functions and natural resource on the
property.
The proposed Master Plan complies with 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. A total of 35 acres of the land within this
scenic overlay district will be devoted to a community -supported farm.
6. §15.18(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.
The layout proposed through this Master Plan will preserve over 165 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.
7. §15.18(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire
Chief or his designee to insure that adequate fire protection can be provided, with
the standards for approval including, but not be 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. All aspects of fire protection systems shall be designed and
installed in accordance with applicable codes in all areas served by municipal
water.
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The South Burlington Fire Chief reviewed the master plan to assess the proposed
roadway layout. His comments are included in a memorandum dated September 2,
2004. The Fire Chief will review the location of hydrants and other details related to fire
protection within each of the three (3) phases during the preliminary and final plat review
of each phase.
The Fire Chief has also reviewed the amended proposal. His particular interest in the
amended proposal is with the proposed rotary. He has expressed concern that the
ladder trucks may not be able to successfully mount the curbs.
8. §15.18(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
properties.
The general layout of the roads, recreation paths, and utilities is adequate to facilitate
the extension of such services to adjacent properties.
9. §15.18(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, absent a specific agreement with the applicant related to
maintenance that has been approved by the City Council.
The overall road layout and hierarchy system are adequate and have been approved by
the Director of Public Works and the Fire Chief. The overall recreation path layout was
reviewed by the South Burlington Recreation Path Committee and comments were
provided in memorandums from Tom Hubbard, the Director of the South Burlington
Recreation Department, dated November 2, 2004 and December 10, 2004. The
landscaping and utility details will be reviewed during the subsequent preliminary and
final plat stages of the individual phases.
10. §15.18(A)(10) The project is consistent with the goals and objectives of the
Comprehensive Plan for the affected district(s).
The proposed Master Plan is consistent with the following objectives for the Southeast
Quadrant, as outline in Chapter 8(G) of the South Burlington Comprehensive Plan:
a. Preserve and enhance the open character, natural resources, and scenic views
of the Southeast Quadrant, while allowing carefully planned development.
b. Maintain a rate, location, intensity, and timing of future development in the
Southeast Quadrant that is in accord with the physical characteristics of the land
and the availability of municipal services and facilities, and which is consistent
with the City's population growth objectives and land use recommendations.
c. Promote a variety of residential patterns and styles, including a fair share of
affordable housing, while preserving the special character of the Southeast
Quadrant.
Pursuant to Section 15.18 (B) of the South Burlington Land Development Regulations,
Master Plans shall comply with the following standards and conditions:
1. §15.18(B)(1) Open space and development areas shall be located so as to
maximize the aesthetic values of the property in keeping with the Comprehensive
Plan goal of preserving and enhancing the open character, natural areas, and
scenic views of the Quadrant, while allowing carefully planned development.
As discussed above, in response to the criteria outlined in Sections15.18 (A)(4) and
15.18(A)(6) of the Land Development Regulations, the proposed Master Plan includes
extensive open space and natural resource protection. The plan incorporates over 165
acres of dedicated open space, mainly in the central and easterly portions of the subject
property. The surface area and location of this open space will be integral to protecting
important natural resources, including wetlands, woodlands, and wildlife.
The Spear Street — Allen Road Scenic View Protection Overlay District overlaps a large
portion of the subject property. Sheet C-2.4 of the Master Plan depicts this scenic
overlay district and indicates the maximum building height allowed within this scenic
overlay district, as outlined in Section 10.03(F) of the Land Development Regulations.
The proposed buildings conform to the height restrictions for the Spear Street — Allen
Road Scenic View Protection Overlay District. At the preliminary and final plat review
stages of each of the three (3) phases, the maximum building height of each lot shall be
indicated on the plans.
2. §15.18(B)(2) Building lots, streets and other structures shall be located in a
manner that maximizes the protection of the open character, natural areas, and
scenic views of the Quadrant identified in the Comprehensive Plan, while allowing
carefully planned development at the overall base densities provided in these
Regulations.
The proposed buildings, building lots, streets, and other structures have been designed
to create the open space areas discussed above, in response to Section 15.18(B)(1) of
the Land Development Regulations.
3. §15.18(B)(3) Existing natural resources on each site shall be protected through
the development plan, including streams, wetlands, floodplains, wildlife habitat
and corridors including those areas identified in the South Burlington Open Space
Strategy, and special natural and/or geologic features such as mature forests,
headwaters areas, and prominent ridges.
The wetland impacts of the proposed master plan are minimal relative to the surface
area of wetlands on the subject property. The applicant's wetland consultant, Art Gilman,
submitted a memorandum dated June 4, 2004, addressing the criteria in Section
12.02(E) of the Land Development Regulations.
As already noted, the Development Review Board invoked technical review of the
original wetland delineations performed by Art Gilman. The findings are outlined in a
memorandum from Shelley Gustafson, dated November 12, 2004.
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The wildlife habitat impacts have already been addressed in this report. Again, the
applicant's certified wildlife biologist, Dave Capen, submitted a wildlife study dated June
2004, addressing the project's wildlife impacts.
4. §15.18(B)(4) Consistent with (1) through (3) above, dedicated open spaces shall
be designed and located to maximize the potential for combination with other
open spaces on adjacent properties.
The layout proposed through this Master Plan will create over 165 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 space corridors with the properties to
the south and north of the subject property.
5. §15.18(B)(5) The conservation of existing agricultural production values on
lands in the SEQ is encouraged through development planning that avoids
impacts on prime agricultural soils as defined in the South Burlington Open Space
Strategy and provides buffer areas between existing agricultural operations and
new development, roads, and infrastructure.
There are no existing agricultural operations on the subject property. However, the
Master Plan includes a 35-acre community -supported farm, which will reinstate active
agricultural operations into the area.
6. §15.18(B)(6) A plan for the proposed open spaces and/or natural areas shall be
established by the applicant describing the intended use and maintenance of each
area. Continuance of agricultural uses or enhancement of wildlife habitat values
in such plans for use and maintenance is encouraged.
The applicant submitted an open space management plan for the subject property. This
document is entitled "South Village — South Burlington, Vermont — Community Land
Management Plan", dated November 2004. In addition, the applicant submitted an
ecological restoration and management program plan, dated December 17, 2004. Steve
Apfelbaum, the author of the ecological restoration and management program plan,
submitted a follow-up letter dated February 1, 2005. This letter responded to questions
raised by members of the Development Review Board on January 4, 2005.
7. §15.18(B)(7) In the absence of a specific finding by the DRB that an alternative
location and/or provision is approved for a specific development, the location of
buildings, lots, streets and utilities shall conform with the location of planned
public facilities as depicted on the Official Map, including but not limited to
recreation paths, streets, park land, schools, and sewer and water facilities.
The Proposed Master Plan is in compliance with the South Burlington Official Map,
which was last revised on February 14, 2004.
Other Applicable Criteria
1. § 9.08(B) In connection with approval of a PUD, the Development Review Board
may allow development activities in addition to those authorized under Section
9.06(B) to occur in restricted areas or allow residential lots or portions of
residential lots to be located in restricted areas provided the Development Review
Board determines that such development activities are consistent with the intent
and purpose of the Southeast Quadrant District.
The subject property contains a number of "restricted areas". These "restricted areas"
were established to protect land for one (1) of the following reasons: to facilitate planned
roadways; to protect scenic views; or to protect wetland and other natural resources.
The proposed Master Plan does have buildings and building lots within these "restricted
areas". Phase 1, Phase 2, and Phase 3 all have development proposed in a "restricted
area" designated to facilitate planned roadways. The applicant has proposed a roadway
network through the property that connects Midland Avenue to Spear Street, in addition
to providing a means of access to the property to the north. Thus, the "restricted areas",
designed to facilitate planned roadways, as labeled on the "Southeast Quadrant Official
Zoning Map", are no longer necessary.
Phase 1 and Phase 2 have development proposed in a "restricted area" designated to
protect scenic views. Most 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
development 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.
Phase 3 of the proposed Master Plan has nine (9) proposed lots in a "restricted area"
designated to protect natural resources. The applicant originally proposed
approximately 65 units within a "restricted area" that the City has identified as a
potentially important wildlife habitat corridor. Per the request of staff and the
Development Review Board, the applicant removed most of these units, which
significantly reduced the wildlife impacts of the proposed project. Thus, staff feels the
wildlife impacts in this area have been minimized and the nine (9) lots proposed within
the restricted area are acceptable. Staff notes, however, that significant landscaping will
be required in this area to further reduce the impacts of the proposed project.
Parkin
The Development Review Board should discuss the level of detail required for the parking
related to this project as part of this master plan reconsideration.
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DECISION Motion by A - kk / seconded by ko( Ex �AA
to approve Master'Plan application MP-04-01, of South Villages Communities, I CC, for
334 residential units, a 100-student school, and a 35-acre community -supported farm.
Pursuant to §15.07(D)(1) of the Land Development Regulations, Master Plan Application
#MP-04-01 is hereby approved with conditions.
A. Decision with Respect to Master Plan Umbrella Criteria:
The Development Review Board approves the following Master Plan "umbrella criteria"
pursuant to §15.07(D)(3) of the Land Development Regulations:
a. Overall density and number of residential dwelling units: A
maximum number of 334 residential dwelling units are approved for a
total density of 1.5 units/acre. The base density in the Southeast
Quadrant of 1.2 units/acre yields a total of 269 units. The 25% density
bonus for providing mixed -rate housing, as determined by Section 13.14
of the Land Development Regulations, accounts for the additional 65
units.
b. Building and impervious coverage: A total building coverage of 5.5%
and a total impervious coverage of 13.9% are approved for the master
plan. These are overall limits for the entire South Village property subject
to this approval. Within the individual development phases, as described
and approved in this decision, these overall limits may be exceeded
provided the applicable Southeast Quadrant zoning district limitations of
fifteen percent (15%) for buildings and thirty percent (30%) overall are
met.
c. Location, layout, capacity and number of collector roadways: The
applicant shall present a collector roadway system that concludes in the
mutual satisfaction of the South Burlington Director of Public Works,
Engineer, and Fire Chief.
d. Land development proposed in any area previously identified as
permanent open space in the approved Master Plan application: All
areas not approved as development areas in this Master Plan are to be
utilized exclusively for open space use.
e. Maximum number of vehicle trip ends: A maximum of 336 PM peak
hour trip ends from all approved residential and non-residential uses is
approved for the South Village property.
B. Decision with Respect to Individual Development Areas — Proposed as Part
of this Master Plan Application:
a. Phase 1: Village Center: This phase of the Master Plan, as proposed
through this application, is approved as a development area.
b. Phase 2: Fields Edge: This phase of the Master Plan, as proposed
through this application, is approved as a development area.
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c. Phase 3: The Ridge: This phase of the Master Plan, as proposed through
this application, is approved as a development area.
CONDITIONS
The Development Review Board finds and concludes that the following conditions are
necessary for the Master Plan application to meet the City's requirements and standards
for approval:
1. This approval shall be for 269 units of market -rate housing, and 65 units of affordable
housing as defined in Article 2 of the South Burlington Land Development Regulations.
In no case shall a zoning permit be issued for more than 269 units of market -rate
housing.
2. Pursuant to Sections 15.07(D)(2) and 15.07(D)(4) of the Land Development
Regulation, the Development Review Board requires each of the three (3) phases
included in this Master Plan to obtain separate preliminary plat approval and final plat
approval in accordance with Section 15.18 of the Land Development Regulations.
3. If the proposed 100-student school is not incorporated into Phase 1 of the Master
Plan, it shall be subject to site plan approval, pursuant to Article 14 of the Land
Development Regulations.
4. Any development on the agriculture component of this project that does not fall within
the State of Vermont's exemption shall be subject to Site Plan review, pursuant to Article
14 of the Land Development Regulations.
5. The preliminary plat and/or final plat plans for each of the three (3) phases included in
this Master Plan shall be reviewed by the South Burlington Fire Chief, the
Superintendent of the South Burlington Water Department, the South Burlington Director
of Public Works, and the South Burlington City Engineer.
6. Any application for amendment of the Master Plan or preliminary plat plan 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 approved building coverage or overall site coverage, or an
increase in the number of residential dwelling units for the property subject to the
Master Plan;
b) A change in the location, layout, capacity or number of collector roadways on the
property subject to the Master Plan;
c) Land development proposed in any area previously identified as permanent open
space in the approved Master Plan application;
d) A change that will result in an increase in the number of P.M. peak hour vehicle
trip ends projected for total buildout of the property subject to the Master Plan.
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7. Pursuant to Section 15.07(D)(5) of the Land Development Regulations the following
minor land development activities will not require Development Review Board approval
and may be undertaken pursuant to issuance of a zoning permit:
a) The addition of decks to dwelling units;
b) The addition of porches to dwelling units;
c) The enclosure of decks;
d) The addition of accessory structures,
Development Regulations;
e) Other minor land development activities
Officer.
pursuant to Section 3.10 of the Land
at the discretion of the Administrative
8. Pursuant to Section 15.07(D)(2) of the Land Development Regulations, no site plan
review will be required for the three (3) unit multi -family dwellings which are substantially
in compliance with the "typical" of these units included with each final plat plan for each
phase. Additionally, bicycle racks shall not be required for the buildings and landscape
bonding will be required.
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 this 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 of this Master Plan. Any issues on which the Director of Planning
and Zoning seeks technical review shall be conducted at the applicant's expense.
10. The Master Plan shall be revised to show the following changes. Four (4) copies of the
approved revised plat plans shall be submitted to the Administrative Officer prior to
recording:
a) The plans shall be revised to reflect the accurate lot and building coverages
proposed as part of this application.
b) The plans shall be revised to reflect the names/ designations of roads in the
proposed development.
c) The roadway plans shall be revised to the mutual satisfaction of the City
Engineer, Director of Public Works, and Fire Chief, prior to the submission of the
final plat.
11. All proposed public roadways in conjunction with this project shall be constructed
with a minimum design speed of 25 mph.
12. The construction of the roadway identified as "L Street" on the plans last revised on
December 23, 2004, shall begin at the time the zoning permit for the 185th market -rate
unit is issued, and shall be substantially completed at the closing of the 205th market -rate
unit or six (6) months, whichever is later. The amount of escrowed per unit shall be
$8100 per market -rate unit. The escrows shall continue through the sale of the 205th
market -rate unit.
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13. Affordable and Workforce units shall be exempt from Escrows for the completion of
Street 'U'. Thirty-three (33) of the "affordable" units (at or below 80% of median income)
shall meet the City and state requirements as to perpetually affordable.
14. The applicant shall install signalization at the intersection of Spear Street and Allen
Road within one (1) year of the issuance of the first zoning permit for a dwelling unit in
Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans for signalization prior to construction.
15. The applicant shall construct southbound left -turn lane on Spear Street at the "Main
Entrance" within one (1) year of the issuance of the first zoning permit for a dwelling unit
in Phase 1 (Village Center). The Director of Public Works shall review and approve all
plans prior to construction.
16. The applicant shall construct the southbound left -turn lane on Spear Street at the
"North Entrance" of the project, prior to issuance of the last zoning permit for a dwelling
unit in Phase 2 (Fields Edge). The Director of Public Works shall review and approve all
plans prior to construction.
17. The applicant shall construct southbound left -turn lane on Spear Street at the "South
Entrance" of the project, prior to issuance of the first zoning permit for a dwelling unit in
Phase 3 (The Ridge). The Director of Public Works shall review and approve all plans
prior to construction.
18. The applicant shall contribute the sum of $20,000 to the City of South Burlington to
be used solely for upgrades to the Spear Street/Swift Street intersection, and for traffic
calming measures on Midland Avenue. The City Council shall have sole discretion to
allocate these funds among the intersection upgrades and traffic calming measures.
19. The applicant shall have ninety (90) days from the expiration of all appeals to
execute a development agreement with the City Council, governing the timing and
disposition of required payments and any required sureties for roadway, intersection,
and infrastructure work.
20. The water infrastructure shall be constructed through to the existing infrastructure
terminus in Dorset Farms at the onset of Phase 1 (Village Center). The Superintendent
of the Water Department shall approve all specifications and plans for this infrastructure.
21. Phase 1 of the recreation path (as identified on sheet L-1 of the plans) shall be
constructed prior to issuance of the last zoning permit for a dwelling unit in Phase 1
(Village Center).
22. Phase 2 of the recreation path (as identified on sheet L-1 of the plans) shall be
constructed prior to the issuance of the last zoning permit for a dwelling unit in Phase 2
(Fields Edge).
23. The Recreation Path in Phase III (the Ridge Neighborhood) shall be constructed
when foundations and building -related site work are substantially completed for the
buildings on the southern -most lots in Phase III. Surety for completion of this portion of
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the Recreation Path (from Phase 1 terminus of "D" and "E" Streets and running southerly
of the "Southern Connector" between Phase 1 and III to the eastern edge of Phase III, at
which point the path runs concurrent with Street "U) shall be provided at the issuance of
the zoning permit for the 185th market -rate unit.
24. Any temporary recreation paths, of any surface type which may be required by the
City shall be shown on the preliminary and final plat plans and be accompanied by an
agreement in which the City indemnifies the developer for liability in a form and manner
acceptable to the developer.
25. The applicant shall hire a full-time on -site construction inspector, to be paid for by the
applicant and approved by the Director of Public Works, prior to initiation of any
improvements on the site. The construction inspector shall be present throughout the
construction on these improvements. Any change to this condition shall require written
approval of the City of South Burlington, signed by the City Manager and the Director of
Planning and Zoning.
26. All sewage pumping stations shall remain private and shall be maintained by the
homeowners association(s), unless otherwise determined by the Water Pollution Control
Superintendent and the Director of the Public Works.
27. The following components of the Master Plan shall be reviewed at the preliminary plat
and/or final plat stages of the individual phases:
a) Street lighting details
b) Street landscaping details
c) Curb -cut locations and details
d) Re-evaulation of traffic mitigation measures and implementation details
27. The Development Review Board approves the following roadway waivers from the
Land Development Regulations:
• Minimum pavement width for collector streets from 30' to: 20' at wetland
crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one
side and 20' at bulbouts; and 26' (with a 28' structural base under designated
"collector routes" provided that adequate clearances are provided for large
vehicle turning movements).
• Minimum pavement width for local streets from 28' to: 20' at wetland crossings;
26' in sections with parking on one side; and 24' in sections with no striped
parking (parking is prohibited along Section RD-50).
• Minimum centerline radius of curves for collector streets from 500' to 300,
(sections with 30 mph posted speed) or 180' (sections with 25 mph posted
speed).
• Minimum centerline radius of curves for local streets from 300' to 180'.
• Minimum tangent length between curves for collector streets from 150' to 50'.
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• Minimum tangent length between curves for local streets from 100' to 50'.
• Minimum distance between centerline offsets for local streets from 200' to the
dimensions specified below:
➢ C Street to D Street along F Street - 145'
➢ G Street to C Street along F Street - 150'
➢ G Street to B Street along F Street - 145'
➢ Common Lane (south) to E Street along E Street - 60'
➢ Common Lane (south) to E Street along D Street - 86'
➢ Common Lane (north) to A Street along C Street - 50'
➢ Common Lane (north) to A Street along B Street - 190'
• Minimum vertical (stopping) sight distance from 300' to 150' for collector streets
with a 25 mph posted speed. No waiver is requested for proposed street
intersections at Spear Street.
• Minimum vertical (stopping) sight distance from 200' to 150' for local streets with
a 25 mph posted speed.
• Minimum horizontal (corner) sight distance for collector streets from 500' to 280'
on internal South Village intersections with collector roads (i.e. A Street, D Street,
E Street); at minimum, stopping sight distance requirements should be met at all
remaining intersections based on expected operating speeds of on -site traffic. No
waiver is requested for proposed street intersections at Spear Street.
• Minimum horizontal (corner) sight distance for local streets from 300' to 280' on
internal South Village intersections with collector roads (i.e. A Street, D Street, E
Street); at minimum, stopping sight distance requirements should be met at all
remaining intersections based on expected operating speeds of on -site traffic.
28. The Development Review Board approves the following waivers from the Southeast
Quadrant dimensional standards, as outlined in the Land Development Regulations:
• Single-family minimum lot size from 12,000 square feet to 3,600 square feet.
• Single-family maximum building coverage from 15% to 42%.
• Single-family maximum lot coverage from 30% to 61 %.
• Single-family front yard setback from 20' to 10'.
• Single-family rear yard setback from 30' to 10' (5' for rear lanes).
• Multi -family maximum building coverage from 15% to 50%.
• Multi -family maximum lot coverage from 30% to 65%.
• Multi -family front yard setback from 20' to 10'.
• Multi -family rear yard setback from 30' to 5'.
29. Any multi -family dwelling units (4 units and over) that the applicant does not include
in the preliminary and final plat review of any of the three (3) phases of the Master
Plan shall be subject to site plan approval, pursuant to Article 14 of the Land
IN
Development Regulations.
30. Any future requests for waivers will be reviewed in conjunction with the site -specific
preliminary plat or final plat reviews for individual development areas.
31. Any changes to the final plat plans shall require approval of the Development
Review Board.
32. The Master Plan (sheets S1.0 and S1.1) shall be recorded in the land records within
90 days or this approval is null and void. The plans shall be signed by the Development
Review Board Chair or Clerk prior to recording.
Mark Behr — ea/ ay/abstain/not present
Chuck Bolto yea/nay/abstain/ resen
John Dinklage — yea/nay/abstain of presen
Roger Farley — ea/ y/abstain/not presen
Larry Kupferman — e ay/abstain/not present
Gayle Quimby — ay/abstain/not present
Matthew Birmingham—&nay/abstain/not present
Motion carried by a vote of .s- o_ 0
Signed this /O day of February, 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;
finality).
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