HomeMy WebLinkAboutSD-15-36 - Decision - 1840 Spear Street#SD-15-36
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC— PHASE III- 1840 SPEAR STREET
PRELIMINARY & FINAL PLAT APPLICATION #SD-15-36
FINDINGS OF FACT AND DECISION
Preliminary and final plat application #SD-15-36 of South Village Communities, LLC to amend a
previously approved 334 unit planned unit development in three (3) phases. The amendment consists of
constructing the first 500 feet of East Jefferson Avenue and the parallel recreation path in phase 3 of the
development, 1840 Spear Street.
The Development Review Board held a public hearing on Tuesday, November 17, 2015. David 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. South Village Communities, LLC, hereinafter referred to as the "applicant", is requesting
approval to amend a previously approved 334 unit planned unit development in three (3)
phases. The amendment consists of constructing the first 500 feet of East Jefferson Avenue and
the parallel recreation path in phase 3 of the development, 1840 Spear Street.
2. The owner of record of the subject property is South Village Communities, LLC.
3. The subject property is located in the SEQ— NR Zoning District.
4. The plans submitted consist of a 23 ( twenty-three) page set of plans, page one (1) entitled
"South Village Phase 3, Section 1 Spear Street South Burlington, Vermont Index of Sheets",
prepared by Civil Engineering Associates, Inc., and dated September 21, 2015.
5. No construction of homes or structures is proposed nor changes in lot subdivisions and the
proposed road and path construction is consistent with the previously approved Master Plan,
#M P-05-02.
SUBDIVISION STANDARDS
15.18 Criteria for Review of PUD's, Subdivisions and Master Plans
(A)(1)Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project.
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.
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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 applicant has provided engineering drawings with sewer and water details. No dwelling units are
proposed in this application. The Board finds that this criterion is not applicable to this application at this
time.
(A)(2)Sufficient grading and erosion controls will be utilized during and after construction to prevent soil
erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent
properties.
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.
Erosion control specifications and grading plans have been submitted with the application. The Board finds
this criterion to be met.
(A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
The application proposes construction of a portion of a roadway and path in order to facilitate
wintertime construction but the roadway and path do no yet connect to any dwelling units nor to
surrounding streets or neighborhoods. The Board finds that this criterion is not applicable to this
application at this time.
(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.
The proposed location is consistent with the previously approved Master Plan. The applicant has also
obtained an Individual Wetland Permit from the Vermont Agency of Natural Resources. The Board finds this
criterion to be met.
(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 LDRs:
A Southeast Quadrant District (SEQ) is hereby formed in order to encourage open space preservation,
scenic view and natural resource protection, wildlife habitat preservation, continued agriculture, and
well -planned residential use in the area of the City known as the Southeast Quadrant. The natural
features, visual 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 design and layout of buildings
and lots in a manner that in the judgment of the Development Review Board will best create
neighborhoods and a related network of open spaces consistent with the Comprehensive Plan for the
Southeast Quadrant shall be encouraged. Any uses not expressly permitted are hereby prohibited,
except those which are allowed as conditional uses.
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The Board finds that the proposed application satisfies the purpose and standards of the District within
the overall context of the subdivision.
(A)(6)Open space areas on the site have been located in such a way as to maximize opportunities for
creating contiguous open spaces between adjoining parcels and/or stream buffer areas.
In its Master Plan approval of the project (#MP-05-02) the Board previously approved the location of the
road and recreation path. The Board finds this criterion to be met.
(A)(7)The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that
adequate fire protection can be provided.
The Fire Chiefs comments provided to staff on November 6, 2015 pertained to the adjacent round -about
which is not part of this application.
The Board finds that this criterion is met.
(A)(8)Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have
been designed in a manner that is compatible with the extension of such services and infrastructure to
adjacent landowners.
The applicant is not proposing to install street trees, gas lines, electric lines, etc. at this time. The water line
is existing and a new sewer line will be constructed in the new road. The infrastructure not being installed as
part of this application will have to be installed when the road is extended to Midland Avenue. The
Department of Public Works provided no comments on the proposed application.
In its Master Plan approval of the project (#MP-05-02) the Board previously approved the location of the
road and recreation path. The Board finds this criterion to be met.
(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.
The applicant's submitted plans address compliance with these standards.
However, the Board finds that the plans shall be amended to include submission of construction details and
sections for the bituminous portion of the 10 ft. wide recreation path.
In its Master Plan approval of the project (#MP-05-02) the Board previously approved the location of the
road and recreation path. The Board finds this criterion to be met.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines
shall be underground. The plans submitted indicate that new utility lines will be underground.
(A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The Board finds the project to be consistent with the Comprehensive Plan for the SEQ-NR District.
15.12 Standards for Roadways, Parking and Circulation in PUDs and Subdivisions
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A. Street Layout. The arrangement of streets in the subdivision shall provide for the continuation of
arterial, collector and local streets of adjoining subdivisions and for proper projection of arterial,
collector and local streets through adjoining properties that are not yet subdivided, in order to make
possible necessary fire protection, movement of traffic and construction or extension, presently or
when later required, of needed utilities and public services such as recreation paths, sewers, water and
drainage facilities. Where, in the opinion of the Development Review Board, topographic or other
conditions make such continuance undesirable or impracticable, the above conditions may be
modified. In no case shall gates of any kind be permitted across public or private roads, or driveways
serving more than one dwelling unit.
In its Master Plan approval of the project (#MP-05-02) the Board previously approved the location of the
road and recreation path. The Department of Public Works had no comment on this application. The Board
finds this criterion to be met.
B. Relationship to Traffic Overlay District. In all PUDs and subdivisions in which the provisions of
the Traffic Overlay District in Section 10.02 of these Regulations apply and in which the Traffic Overlay
District provisions conflict with those of this section, the more restrictive provisions shall apply.
This section is not applicable.
C. Topography. Streets shall be logically related to the topography so as to produce usable lots,
reasonable grades, and safe intersections in appropriate relation to the proposed use of the land to be
served by such streets. Adequate provisions shall be made in the project's stormwater management
system to prevent flooding in the streets and erosion or other adverse impacts on adjacent properties.
In its Master Plan approval of the project (#MP-05-02) the Board previously approved the location of the
road and recreation path. The Board finds this criterion to be met.
D. Criteria for Public and Private Roadways.
(1) In reviewing PUD, subdivision and master plan applications, the DRB shall have the
authority to require the construction of roadways to City standards and the dedication of
roadways to the City. The DRB also shall have the authority, subject to the limitations in (3) below,
to waive this requirement and to allow private streets, and/or public streets not built to full City
standards as set forth in Table 15-1 and Figure 15-1.
(2) Public roadway required. The DRB shall require a roadway to be built to City standards in
Table 15-1 and Figure 15-1 and dedicated to the City as a public roadway if one or more of the
following situations applies:
(a) The proposed roadway will or could provide a future extension to an adjoining
property.
(b) The right-of-way or proposed alignment of the proposed roadway is consistent with
the right-of-way for a proposed City street shown on the Official Map; the City Council shall
have the authority to determine if a proposed right-of-way with a similar location and/or
alignment to a right-of-way on the Official Map must be required to be a public roadway.
(c) The Development Review Board determines that the proposed length of a roadway or
the significance of the roadway within the City's street network warrants public ownership.
(d) The proposed roadway serves one (1) or more lots occupied by and/or proposed for
non-residential or mixed -use development.
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The Department of Public Works reviewed the plans and had no comment with regard to
construction of the public roadway.
In its Master Plan approval of the project (#MP-05-02) the Board previously approved the location
of the road and recreation path. The Board finds this criterion to be met.
(3) Private roadways allowed. The DRB may at its discretion approve a roadway or roadways
within a subdivision or PUD to be private if one or more of the following situations applies:
(a)—(f)
No private roadway is proposed.
(4) Connections to adjacent parcels. If the DRB finds that a roadway extension or connection
to an adjacent property may or could occur in the future, whether through City action or
development of an adjacent parcel, the DRB shall require the applicant to construct the connector
roadway to the property line or contribute to the cost of completing the roadway connection.
(a) In any such application, the DRB shall require sufficient right-of-way to be dedicated to
accommodate two (2) lanes of vehicle travel, City utilities, and a ten foot wide grade -
separated recreation path.
In its Master Plan approval of the project (#MP-05-02) the Board previously approved the location
of the road and recreation path. The Board finds that the submitted plans indicate that this
criterion is met.
(5) Nothing in this section shall be construed to limit the authority of the DRB to grant waivers
of public roadway standards subject to the provisions of §15.12(D)(4).
In its Master Plan approval of the project (#MP-05-02) the Board previously approved the location
of the road and recreation path. The Board finds that the submitted plans indicate that this
criterion is met.
9.08 SEQ-NRT and SEQ-NR Sub -Districts, Specific Standards
The SEQ-NR and SEQ-NRT sub -districts have additional dimensional and design requirements, as
enumerated in this Section.
A. Street, block and lot pattern.
Development blocks are not proposed as part of this application. These criteria are not applicable.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and local) are
intended to be low -speed streets for local use that discourage through movement and are safe for
pedestrians and bicyclists. Dimensions for public collector and local streets shall be asset forth in
Tables 9-1 and 9-2, and Figures 9-4 and 9-5 below.
The proposed street (East Jefferson Road) is an extension of Allen Road which is designated as a
Collector Street in the Comprehensive Plan.
(2) Sidewalks.
(a) Sidewalks must be a minimum of five feet in width with an additional minimum five-
foot planting strip (greenspace) separating the sidewalk from the street.
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(b) Sidewalks are required on one side of the street.
The plans indicate that this criterion is met.
(3) Street Trees
(a) Street trees are required along all streets in a planting strip a minimum of five feet
wide.
(b) Street tree types shall be large, deciduous shade trees with species satisfactory to the
City Arborist. Street trees to be planted must have a minimum caliper size of 2.5 to 3 inches
DBH, and shall be planted no greater than thirty feet (30') on center.
No buildings or lots are proposed as part of this application nor does the proposed road as yet
connect to any existing homes or roads.
The Board finds this criterion is not applicable.
However, the Board finds that once construction of a road is proposed to extend eastward from the
proposed road in this application, the applicant shall provide street trees on this 500 ft. section of
East Jefferson Road
(4) On -street parking. Sufficient space for one lane of on -street parking shall be provided on
all streets except for arterials outside of the SEQ-VC and SEQ-VR sub -districts.
Given that this section of road transits through a wetland and the proposed 500 ft. length of road
along this area does not serve any adjacent driveways or lots, the Board finds that on -street parking
is neither desired nor required.
(5) Intersection design. Intersections shall be designed to reduce pedestrian crossing
distances and to slow traffic.
Details are provided on design of the intersection near the roundabout. This criterion is met.
(6) Street and sidewalk lighting. Pedestrian -scaled light fixtures (e.g., 12' to 14') shall be
provided sufficient to ensure pedestrian safety traveling to and from public spaces. Overall
illumination levels should be consistent with the lower -intensity development patterns and
character of the SEQ, with lower, smoother levels of illumination (rather than hot -spots) and light
trespass minimized to the lowest level consistent with public safety.
The Board finds that street and sidewalk lighting is not required along this proposed road.
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Figure 9-4: Pavement Dimensions: Collector Streets, SEQ-NRT and SEQ-NR
Table 9-1: Street Design Criteria for Collector Streets, SEQ-NRT and SEQ-NR
Design Speed
25 mph
Pavement width (parking one side)
28'
at wetland crossings
20'
Minimum radius of curves
260'
Minimum tangent length between curves
50'
Minimum vertical sight distance
150'
Minimum horizontal sight distance
275'
Given that the first section of road is only 20 feet in width and transits through a wetland and does
not serve any adjacent driveways or lots until it crosses the bridge, the Board finds that on -street
parking will be available once the road crosses the bridge where the street widens to 26 feet. The
Board therefore finds that a 28' width is not required and the proposed 26' width is acceptable as
this narrower street will help to reduce vehicular speeds.
With regards to the wetland crossing, the nominal width is 20' however the actual width is 21' due
the inclusion of a 6" shoulder on both sides between curbs. The Board finds that this width is
preferable.
The Board finds the proposed 21' width between the curbs at the bridge crossing acceptable.
#SD-15-36
Figure 9-6: Conceptual Intersection Design
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C. Residential Design
(1)—(5)
No homes are proposed as part of this application. This criterion is not applicable.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall
require site plan approval. Section 14.06 of the South Burlington Land Development Regulations
establishes the following general review standards for all site plan applications:
(A) Relationship of the proposed development to the City of South Burlington Comprehensive Plan.
In its Master Plan approval of the project (#MP-05-02) the Board previously approved the location of the
road and recreation path. The Board finds that the submitted plans indicate that this criterion is met.
(B)(1) The site shall be planned to accomplish a desirable transition from structure to site, from structure
to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking
areas.
Neither buildings nor parking are proposed as part of this application. This criterion is not applicable.
(B)(2) Parking:
a. Parking shall be located to the rear or sides of buildings. Any side of a building facing a
public street shall be considered a front side of a building for the purposes of this
subsection.
b. The Development Review Board may approve parking between a public street and one or
more buildings if the Board finds that one or more of the following criteria are met. The
Board shall approve only the minimum necessary to overcome the conditions below.
C. ...
(iii) The parking area will serve a single or two-family home;
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Neither buildings nor parking are proposed as part of this application. This criterion is not applicable.
(B)(3) Without restricting the permissible limits of the applicable zoning district, the height and scale of
each building shall be compatible with its site and existing or adjoining buildings.
No buildings are proposed as part of this application. This criterion is not applicable.
(B)(4) Newly installed utility services and service modifications necessitated by exterior alterations or
building expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines
shall be underground.
(C)(1) The Board shall encourage the use of a combination of common materials and architectural
characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions
between buildings of different architectural styles.
No buildings are proposed as part of this application. This criterion is not applicable.
(C)(2) 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.
No buildings are proposed as part of this application. This criterion is not applicable.
Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South
Burlington Land Development Regulations:
(A) The reservation of land may be required on any lot for provision of access to abutting properties
whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to
provide additional access for emergency or other purposes, or to improve general access and circulation in
the area.
No reservation of land is required.
(B) Electric, telephone and other wire -served utility lines and service connections shall be underground.
Any utility installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines
shall be underground.
(C) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or
other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that
trash and debris do not escape the enclosure(s).
(D) Landscaping and Screening Requirements
No buildings are proposed as part of this application. This criterion is not applicable.
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DFCISION
Motion by Bill Miller, seconded by Jennifer Smith, to approve preliminary & final plat application #SD-
15-36 of South Village Communities, LLC, subject to the following conditions:
1. All previous approvals and stipulations, which are not superseded by this approval, shall remain
in effect.
2. This project must be completed as shown on the plans submitted by the applicant and on file in
the South Burlington Department of Planning and Zoning.
3. The plans must be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the
Administrative Officer prior to recording the final plat plans.
a. The plans must be revised to include submission of construction details and sections for
the bituminous portion of the 10 ft. wide recreation path.
4. The applicant must provide the Administrative Officer record drawings, per the requirements of
Section 12.03F of the Land Development Regulations, prior to the issuance of a Certificate of
Occupancy.
5. Any stormwater permit required from the Vermont Department of Environmental Conservation
(DEC) Stormwater Division must be provided to the Administrative Officer prior to the issuance
of the zoning permit.
6. The applicant will be responsible to regularly maintain all stormwater treatment and
conveyance structures on -site.
7. Pursuant to Section 12.03 (F) 1 of the Land Development Regulations, the applicant must submit
record drawings showing pipe invert elevations, drainage structure rim elevation, pipe material,
final grading, etc. prior to acceptance of the streets as City streets.
8. Prior to recording the final plat plans, the applicant must submit to the Administrative Officer a final
set of project plans as approved in digital (PDF) format.
9. Prior to recording the final plat plans, all appropriate legal documents including easements (e.g.
irrevocable offer of dedication and warranty deed for the proposed public road, Pedestrian
Path Easement and utility, sewer, drainage, and water, etc.) shall be submitted to the City
Attorney for approval and recorded in the South Burlington Land Records.
10. The Board finds that once construction of this road is proposed to extend eastward from the
proposed road in this application, the applicant must provide street trees on this 500 ft. section
of East Jefferson Road.
11. Prior to start of construction of the improvements described in condition #10 above, the
applicant must post a bond which covers the cost of said improvements, the amount of which
must be approved by the City Engineer.
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12. Pursuant to Section 15.17 of the Land Development Regulations, the applicant must submit a
Certificate of Title showing the ownership of all property and easements to be dedicated or
acquired by the City to be approved by the City Attorney prior to recording the final plat plan.
13. Street trees must be in place along the street prior to adding the final layer of the pavement.
14. The applicant shall install "No Parking this Side of Street" signs on one (1) side of the street.
15. Any changes to the final plat plan shall require approval of the South Burlington Development
Review Board.
16. The mylars shall be recorded prior to any zoning permit issuance.
17. In accordance with Section 15.14(E) (2) of the Land Development Regulations, within 14 days of
the completion of the required improvements, the developer shall submit to the City Engineer
"as -built" construction drawings certified by a licensed engineer.
18. The proposed project must 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 should meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The
South Burlington Stormwater Superintendent may visit the site as construction progresses to
ensure compliance with this criterion.
19. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications should be underground.
20. Any changes to the final plat plans shall require approval of the South Burlington Development
Review Board.
21. The final plat plan (survey plat) shall be recorded in the land records within 180 days or this
approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording.
Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in
digital format. The format of the digital information shall require approval of the South
Burlington GIS Coordinator.
Tim Barritt
Yea
Nay
Abstain
Not Present
Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 4— 0 — 0.
Signed this34 day of eCeYh bt r 2015, by
Tim Barritt, Chair
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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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