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HomeMy WebLinkAboutSD-04-55 - Decision - 1840 Spear StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SOUTH VILLAGE COMMUNITIES, LLC - 1840 SPEAR STREET PHASE 1 PRELIMINARY PLAT APPLICATION #SD-04-55 FINDINGS OF FACT AND DECISION South Village Communities, LLC, hereafter referred to as the applicant, is requesting preliminary plat approval for a planned unit development of Phase 1 consisting of 150 residential units and a 100-student educational facility, of a 334 residential unit project, 1840 Spear Street. The Master Plan for this project was approved on July 19, 2005. Numerous preliminary plat public hearings were held with the most recent being held on August 2, 2005. David Scheuer represented the applicant. Based on testimony provided at the above mentioned public hearings 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 for a planned unit development of Phase 1 consisting of 150 residential units and a 100-student educational facility, of a 334 residential unit project, 1840 Spear Street. 2) The Development Review Board approved the master plan for this project on July 19, 2005. 3) The owner of record of the subject property is Paul Calkins. 4) The subject property contains 39.8 acres and is located in the Southeast Quadrant (SEQ) Zoning District. 5) The plans submitted consist of a 63 page set of plans, page two (2) entitled, "Phase I Subdivision Plat", prepared by Civil Engineering Associates, Inc., dated July, 2004, last revised on 5/23/05. Zoning District Z& 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 all of the properties. The cover sheet of the plans currently shows `????' as the number of units to be built, including affordable and market rate. These `????' should be removed and replaced with the actual number of units proposed for Phase 1. 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 for Phase I. 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. The only exception would be that a landscape bond would have to be provided for the three-family buildings. 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 Develo went Rpqulations,PlJDs shall comply with the following standards and conditions - Sufficient 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, t 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 a memorandum dated June 2, 2005. 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. 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. 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 reviewed the proposed project on July 22, 2004 and recommended approval of the preliminary plat plans with the following conditions: a. 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 -3- which the Director of Planning and Zoning seeks technical review shall be conducted at the applicant's expense. b. The plans shall be revised to depict the wetland buffer barriers with the submission of the final plat. 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 if? 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 — Ailen 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 andlor 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. -4- 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 submitted proposed street lighting details (cut -sheets) for the project. The proposed fixtures are adequate for the proposed 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. 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 Burlin tor, Land Development Regulations establishes the following general review standards for all site plan applications: �-��te 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 also 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. - 5 - The level of detail required for the parking related to this project will be determined at the Master Plan reconsideration. Pursuant to the Master Plan approval, bicycle racks need not be depicted on the plans for the three (3) unit multi -family dwellings. 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. The plans shall be revised to indicate the 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 DRR 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 -6- 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 1.5.13(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). 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 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 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. 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 -7- 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, with the final plat application. E911 Addresses The applicant shall submit E911 addresses for the proposed project, in conformance with the E911 addressing standards, with the final plat application. DECISION Motion by b ec �ALF"l seconded by �/1 � �/ O4r6d to approve Preliminary Plat ap ication #SD-04-55 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 to final plat submittal as follows: a. The plans shall be revised prior to final plat submittal as follows 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 cover sheet shall be revised to show the number of units proposed to be built as part of Phase 1. - 8 - e. The plans shall be revised to remove any depiction of or reference to buildings with greater than three dwelling units. The lots that are designated for these buildings should be depicted as open lots. f. The plans submitted for approval as part of Phase 1 shall be revised to remove all references to the Master Plan. This includes all buildings, lots, roads, and recreation paths to be built as part of Phases 2 and 3 and the proposed school. g The plans shall be revised to comply with the requests of the South Buriington City Engineer, as outlined in his memorandum dated .dune 2, 2005. h. The plans, specifically Sheet C4.10, shall be revised to show the westerly boundary of the Spear Street right-of-way. i. The plans shall be revised to depict the wetland buffer barriers. j. 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, 4. The South Burlington Water Department shall review the water plans and provide a final set of comments prior to final plat approval. 5. 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. 6. The applicant shall pay all applicable traffic impact fees prior to issuance of a zoning permit for each unit. 7. 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. 8. The South Burlington Fire Chief shall review the plans and provide a final set of comments prior to final plat approval. 9. The applicant shall submit lighting cut sheets as part of the final plat submission. 10. All of the proposed roadways and sidewalks shall be compatible with the approved Master Plan. 11. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. -9- 12.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. The screening of the utility cabinets shall be approved by the South Burlington Development Review Board as an amendment to the final plat, unless approved as part of the original preliminary plat approval. 13. The applicant shall submit information on the estimated buildings costs of the proposed three-family dwelling units with the final plat application. 14. 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. 15. The South Burlington City Arborist shall review the landscaping plans and provide a final set of comments prior to final plat approval. 16. The applicant shall submit street names for the proposed project, as approved by the South Burlington Planning Commission, with the final plat application. 17. The applicant shall submit E91 1 addresses for the proposed project, in conformance with the E911 addressing standards, with the final plat application. 18. The applicant shall pay all applicable impact fees prior to issuance of the zoning permit for each unit. 19. 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. 21. 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. 22. 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, with the exception of street 'U', which shall be as indicated in condition #11 of the Master Plan decision. 23. 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. 24. The final plat application shall be submitted within twelve (12) months. Mark Behr — ye /nay/abstain/not present Chuck Bolton — ea ay/abstain/not present John Dinklage — nay/abstain/not present Roger Farley — n y/abstain/not present Larry Kupferman —a/nay/abstain/not prnt Gayle Quimby — yea/nay/abstain/ of present Motion carried by a vote of �' - 0- Signed this day of August 2005, by John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality).