HomeMy WebLinkAboutSD-17-18 - Decision - 1840 Spear Street#SD-17-18
Findings of Fact and Decision
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC
1840 SPEAR STREET
PRELIMINARY AND FINAL PLAT APPLICATION #SD-17-18
FINDINGS OF FACT AND DECISION
Preliminary and final plat application #SD-17-18 of South Village Communities, LLC for approval of Phase
1116 of 334 unit planned unit development. Phase IIIB is to consist of the following: 1) 22 single family
dwellings, 2) four (4) two -unit family dwellings, 3) two (2) three -unit multi -family dwellings, and 4) 24
multi -family dwelling units in two (2) buildings, 1840 Spear Street.
The Development Review Board held a public hearing on Tuesday August 15, September 19, October 3,
and October 17, 2017. Robin Jeffers, Patrick O'Brien and Dave Marshall represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and supporting
materials contained in the document file for this application, the Development Review Board finds,
concludes, and decides the following:
FINDINGS OF FACT
1. The Project consists of subdividing a parcel into 32 lots consisting of 29 residential lots and three
open space lots.
2. The owner of record of the subject properties is South Village Communities, LLC.
3. The application was received on July 12, 2017, and was supplemented Sept 1, September 27, and
October 3, 2017.
4. The subject property is located in the Southeast Quadrant — Neighborhood Residential (SEQ-NR)
sub -district.
5. The plans submitted consist of a sixty-one (61) page set of plans. The cover page is entitled "South
Village Phase 3B Spear Street South Burlington, Vermont" prepared by Civil Engineering
Associates, dated April 5, 2017 and last revised September 15, 2017. This planset includes the
following sheets.
--
COVER
4/5/2017
P1
LOTTING PLAT OF SOUTH VILLAGE COMMUNITIES, LLC PHASEIII
5/31/2017
P2
LOTTING PLAT OF SOUTH VILLAGE COMMUNITIES, LLC PHASEIII
5/31/2017
L-100
LANDSCAPE PLAN - STREET TREE KEY PLAN
8/30/2017
L-200
LANDSCAPE PLAN - STREET TREES WEST
9/26/2017
L-201
LANDSCAPE PLAN - STREET TREES EAST
9/26/2017
L-202
LANDSCAPE PLAN - 12 PLEX A
8/30/2017
L-203
LANDSCAPE PLAN - 12 PLEX B
8/30/2017
L-301
LIGHTING PLAN - STREET LIGHTS
8/30/2017
L-302
LIGHTING PLAN - 12 PLEXES
8/30/2017
L-400
LANDSCAPE DETAILS
8/30/2017
L-400
LIGHTING DETAILS
8/30/2017
A201
7A BUILDING ELEVATIONS
6/1/2017
A202
7A BUILDING ELEVATIONS
6/1/2017
A201
7B BUILDING ELEVATIONS
6/1/2017
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A202
7B BUILDING ELEVATIONS
C1.0
OVERALL PROPOSED CONDITION SITE PLAN
C1.OA
PHASING PLAN
C1.1
EXISTING CONDITIONS SITE PLAN
C1.2
PROPOSED SITE IMPROVEMENTS PLAN
C1.3
ROAD SIGNAGE AND PAVEMENT MARKINGS
C1.4
E911 ADDRESS PLAN
C2.0
GRADING AND DRAINAGE PLAN
C2.OA
GRADING AND DRAINAGE PLAN -SOUTHWEST-
C2.1
GRADING AND DRAINAGE PLAN
C2.2
GRADING AND DRAINAGE PLAN
C2.3
GRAVEL WETLANDS 1 SITE PLAN
C2.4
GRAVEL WETLANDS 2 SITE PLAN
C2.5
GRAVEL WETLANDS 3 SITE PLAN
C3.0
UTILITY PLAN
C3.1
UTILITY PLAN
C3.2
UTILITY PLAN
C4.0
ROAD & UTILITY PROFILE
C4.1
ROAD & UTILITY PROFILE
C4.2
ROAD & UTILITY PROFILE
C4.3
ROAD & UTILITY PROFILE
C4.4
ROAD & UTILITY PROFILE
C4.5
ROAD & UTILITY PROFILE
C5.0
EPSC PLAN
C5.1
EPSC PLAN
C5.2
EPSC PLAN
C5.3
EPSC EXISTING CONDITIONS PLAN
C6.0
EPSC SPECIFICATIONS
C6.1
EPSC SPECIFICATIONS & DETAILS
C6.2
EPSC SPECIFICATIONS & DETAILS
C6.3
EPSC SPECIFICATIONS & DETAILS
C6.4
EPSC SPECIFICATIONS & DETAILS
C6.5
EPSC SPECIFICATIONS & DETAILS
C7.0
ROAD SECTIONS
C7.OA
ROAD SECTIONS
C7.1
SITE DETAILS
C7.1A
SITE DETAILS
C7.2
STORM DRAINAGE DETAILS
C7.3
SEWER DETAILS
C7.4
WATER DETAILS
C7.5
MISC. DETAILS
C7.6
GRAVEL WETLAND DETAILS
C7.7
TRAFFIC CALMING DETAILS
C8.0-8.5
SPECIFICATIONS
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6. The Master Plan application (#MP-05-02) for this project was approved by the Board on
February 10, 2006.
Dimensional Standards:
A) Article 9 of the South Burlington Land Development Regulations stablishes the following general
review standards for all site plan applications located within the Southeast Quadrant.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
The project is located in the Southeast Quadrant - Neighborhood Residential (SEQ-NR) sub -district. The
dimensional standards outlined in Table C-2 of the Land Development Regulations were altered though the
Master Plan approval process forthe subject property. The approved waivers are outlined in the decision
and findings of fact for Master Plan #MP-05-02 and duplicated below.
• Single-family minimum lot size from 12,000 square feet to 3,600 square feet
• Single-family maximum building coverage from 15% to 42% (Increased to 50% in MP-09-01)
• 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'
The Board notes that the building coverage table provided by the applicant states incorrectly that they are
allowed a maximum lot coverage of 70% for all types of buildings. The proposed lot coverage for single-
family and three -and -greater family buildings is less than the approved coverages, therefore this error does
not affect single and three -and -greater family buildings. The applicant has requested that the previously
approved single-family dimensional waivers also be granted for two- and three-family buildings. The Board
approves the request to apply single-family waivers to the two-family buildings. The existing multi -family
building waivers apply to three family buildings therefore the Board does not grant the single-family waivers
for three-family buildings. The approved waiver results in all proposed buildings and coverages meeting the
dimensional standards.
As part of the Master Plan approval, triplexes are not subject to site plan approval. This approval includes
site plan approval for the two twelve -unit buildings included in this application.
MASTER PLAN
Pursuant to Section 15.07 D (3), the following applies:
Any application for amendment of the master plan, preliminary site plan or preliminary plat 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:
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a) An increase in the total FAR or number of residential dwelling units for the property subject
to the master plan;
b) An increase in the total site coverage of the property subject to the master plan;
c) A change in the location, layout, capacity or number of collector roadways on the property
subject to the master plan;
d) Land development proposed in any area previously identified as permanent open space in
the approved master plan application; and/or
e) A change that will result in an increase in the number of PM peak hour vehicle trip ends
projected for total build -out of the property subject to the master plan.
The roadway configuration has not changed substantially from the master plan approval. The roadway
configuration for the cul-de-sac in Phase IIIB has changed from the master plan, however it remains
substantially a cul-de-sac and therefore does not rise to the threshold of requiring Master Plan
amendment/approval.
No changes in FAR, coverage, number of units, or PM Peak hour vehicle trip ends are proposed.
Therefore, an amendment to the Master Plan is not required.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply
with the following standards and conditions:
(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.
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 submitted and received preliminary wastewater allocation for 60 units of Phase IIIB. The
Board finds this criterion to be met.
(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 Project is subject to a State Construction Stormwater Permit. In addition, the Project plans
demonstrate intent to comply with the temporary and permanent stabilization timelines and topsoil
thickness requirements of Section 16.03.
(A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
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As part of the Findings of Fact & Decision for #MP-05-02, the Board established Condition #17 that "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)."
(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 applicant has submitted a copy of the state wetland permit for encroachment into the class II wetland
and wetland buffers, which was approved on September 10, 2014.
9.06(B) (5) also requires that wetlands and buffers, streams, and natural communities be visually
delineated in some way in order to prevent creep from private parcels into the wetland. The applicant
has provided a wetland buffer design plan which describes measures to be taken throughout the entire
South Village Project to delineate wetlands, wetland buffers, and common land areas. This plan was
accepted as part of the state wetland permit. The Board considered this plan as adequately protective
of resource areas as part of Phase II of the development.
The applicant has developed and recorded with the City Land Records a Land Management Plan, which
applies to the entire development. The Land Management Plan outlines required measures designed to
ensure the long-term health of natural resource areas within the Project. The Land Management Plan is
included in the South Village Community Association Bylaws, which the applicant has provided as part of
this application.
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 Land Development Regulations, the Southeast Quadrant District (SEQ)
is hereby formed in order to encourage open space preservation, scenic view and natural resource
protection, wildlife habitat preservation, continued agricultural use, and well as planned residential
use in the largely undeveloped area of the City known as the Southeast Quadrant. The open character
and scenic views offered in this area have long been recognized as very special and unique resources in
the City and worthy of protection. The location and clustering of buildings and lots in a manner that in
the judgment of the Development Review Board will best preserve the open space character of this
area shall be encouraged.
This criterion was found to be met during the Master Plan phase of the Project. The layout proposed for
Phase 3 matches the layout approved in the Master Plan, with the exception of reconfiguring the cul-de-
sac by the two multiplex buildings. This change does not affect development patterns. The Board finds
this Criterion to be met.
(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.
This criterion was found to be met during the Master Plan phase of the Project. The layout proposed for
Phase 3 matches the layout approved in the Master Plan, with the exception of reconfiguring the cul-de-
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sac by the two multiplex buildings. This change does not affect open space. 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.
As part of the Findings of Fact & Decision for #SD-13-44 the Board set forth Condition #6 which required
that "(t)he Fire Chief shall review the final plat plans."
As copied below, the Deputy Fire Chief provided formal comments to staff on September 14, 2017 via
email, and the applicant provided responses to the Fire Chief's comments on September 27, 2017. The
Deputy Fire Chiefs comments are in blue while applicant's responses are in green.
Fire hydrants must be installed and tested before construction of combustible buildings are
started pursuant to NFPA 1 Chapter 18.
This is acceptable to the applicant provided that the wording is slightly modified to read
"...before construction of the combustible portions of buildings are started..." This allows
foundation work on the buildings to proceed without delay while the water main
infrastructure work is being concurrently installed.
2. Minimum hydrant flow shall be based on NFA- NFF formula plus a safety margin of not less
than 10%.
With the understanding that the NFA-NFF formula is admittedly accurate only up to 1,000
GPM (therefore useful for small commercial buildings or single family homes) the applicant is
acceptable to this condition. The NFA-NFF formula does not take into account the normal
design flow reductions for sprinklered buildings (the two 12-plex buildings). We have
submitted design flows for all of the structures utilizing the Insurance Services Method
(recommended for use by the State of Vermont) in applying for the Public Water Supply
Permit. The available fire flow is 2699 GMP while the largest non-sprinklered building is one
of the triplex structures with a required fire flow of 2488 GPM. The NFA-NFF formula for the
95x55 building with on upper floor exposure and a side yard exposure to another building is
2613 GPM. This falls within the available fire flow for the project.
3. Fire Department access to these phases including temporary turnaround shall be installed
when construction begins to each phase.
This acceptable.
4. All roads shall comply with Fire Department apparatus turning radii (includes mutual aid
apparatus).
The proposed cul-de-sac serving the two 12-plex buildings comply with the latest geometrics
set forth by the City. It is our understanding that the DPW coordinated with the Fire
Department in setting these design values.
5. Parking of construction vehicles shall be restricted to one side of the road to maintain Fire
Department access during construction.
This acceptable.
6. The Project shall comply with NFPA 241 —Safe Guarding buildings under construction,
alteration or demolition.
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This oceeptable.
The Deputy Fire Chief has indicated that the provided responses are acceptable. The Board finds that
the Deputy Fire Chief's recommendations be included, as amended, as conditions of the approval.
See also discussion of Condition #8-J below.
(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.
(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.
Infrastructure details submitted as part of the preliminary and final plat application include roadway profiles
and sections, utility plans, stormwater plans, and lighting cut sheets and point by point plan.
The Project includes a wetland crossing on the proposed segment of Midland Avenue east of the Project
just prior to connection with the existing segment of Midland Avenue. This crossing is alternatively called
out as a bridge and as a culvert in the plans and details, respectively. In a meeting with the Applicant on
August 3, 2017, the Department of Public Works ("DPW") director requested that the applicant revise the
crossing to provide more cover over the culvert. The applicant has increased the cover over the crossing to
2-feet, which the DPW considers acceptable.
The applicant provided required materials to demonstrate compliance with Section 12.03 of the Land
Development Regulations (stormwater) on September 11, 2017. Comments from the Stormwater Section
follow.
The Stormwater Section has reviewed the "South Village Communities, LLC Phase IIIB" progress plans
prepared by Civil Engineering Associates, Inc., dated 4/05/17 and most recently updated on 9/1/17. We
would like to offer the following comments:
1. This project is located in the Munroe Brook and watershed. This watershed is listed as
stormwater impaired by the State of Vermont Department of Environmental Conservation
(DEC).
2. In the maintenance plan provided for the proposed Stormwater treatment practices it is noted
that "During construction, no runoff shall be discharged to the BMPs prior to stabilization to
eliminate sediment discharge into the system." The applicant should add this note to the plans
to ensure that the contractor is aware of this requirement.
3. The Vermont Stormwater Management Manual (VSMM) indicates that a 12' wide maintenance
access should be provided in order to facilitate equipment access for maintenance of
stormwater treatment practices. Please provide a 12' wide maintenance access on all
Stormwater ponds and gravel wetlands to allow for access to forebays and outlet structures.
a. The applicant indicated in their response to "Please refer to updated Plan Set that will
be provided under separate cover for this information." The information has not been
provided under separate cover. It is unclear when this information will be provided.
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Sheet C2.4 shows a quiet path going over the emergency overflow. Will the emergency overflow
be lined with riprap, as is detailed on C6.4? Type II riprap may be difficult to walk across. Have
any other alternative spillway designs or path locations been considered?
a. The applicant indicated in their response that a foot bridge will be added over the
emergency spillway and noted to "Please refer to updated Plan Set that will be provided
under separate cover for this information." The information has not been provided
under separate cover. It is unclear when this information will be provided.
5. The DRB should include a condition requiring the applicant to regularly maintain all stormwater
treatment and conveyance infrastructure.
Regards,
Dave
The applicant provided updated plans on 9/27/2017 to address these comments. In an email dated
9/27/2017, the Stormwater Section indicated that they are satisfied with the responses provided and do
not have any further comments.
The applicant has provided narrowed intersections as provided in Figure 9-6 of the LDRs and pedestrian
bump -outs at mid -block crossings. In a meeting with the Applicant on August 3, 2017, the DPW director
requested that the applicant add a raised intersection at the Midland Avenue and Stafford Street four-way
intersection to control speed on Midland Avenue, which the applicant has done.
The applicant has provided a narrowed road section for the portion of Midland Avenue through the
Wetland buffer.
After a meeting between the Applicant and the DPW on August 3, 2017, the applicant reconfigured some
sidewalks to facilitate City maintenance. The DPW requested that the applicant remove the sidewalk from
in front of units 100, 102 and 103 to eliminate the need for an extra plowing loop on Midland Avenue, since
the City is presently attempting to defer the imminent need for an additional maintenance crew. The
applicant has requested for that segment of sidewalk to remain for consistency with Phase II.
The Board finds that the units in this area are already isolated and thus exhibit a different character
from the remainder of the development, therefore the additional maintenance required by the
provision of a sidewalk is not warranted. The Board therefore finds that there should not be a sidewalk
in front of units 100, 102 and 103.
The DPW provided the additional comments on pavement markings.
a. Sheet C7.1—Site Details:
The Crosswalk Detail shows the markings as "Thermoplastic Tape." Remove that reference and
replace with "VTrans Pavement Marking Tape, Type A, 708.12(a) as approved by the Public
Works Department."
The Line Striping Detail shows the markings as "4 inch white painted markings." Remove that
reference and replace with "VTrans Pavement Marking Tape, Type A, 708.12(a) as approved by
the Public Works Department."
b. Sheet C7.7 references a "4 inch reflective white marking, see detail." Provide the referenced detail.
c. Within the Site Specifications starting on C8.1 a section on Pavement Markings needs to be added
and it needs to state, "All pavement markings on public streets shall be VTrans Pavement Marking
Tape, Type A, 708.12(a) as approved by the Public Works Department. The current approved
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product list can be found at
http://vtrans.vermont.gov/sites/aot/files/portal/documents/alpg m/APL.pdf."
The applicant made some modifications to their plans to comply with the DPW comments on pavement
markings. However, the DPW notes that the modifications are not specific enough and mention only
"reflective markings." The Board finds that the applicant should modify the plans to reflect the provided
language as it pertains to pavement markings.
The applicant has provided a phasing plan indicating that the infrastructure will be constructed in three
(3) phases. See Site Plan Review Standard (D) below for further discussion of bonding for phasing.
Lighting is discussed 9.08, SEQ Neighborhood Residential.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The Board finds this criterion to be met.
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.
The Board finds this criterion to be 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.
The applicant has provided a set of Design Review Standards. The Board adopts the Design Review
Standards as a condition of approval.
(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.
i. The parking area is necessary to meet minimum requirements of the Americans
with Disabilities act
C. ...
(iii) The parking area will serve a single or two-family home;
Single and two-family homes in the proposed Phase 111E are not subject to this standard.
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Although 3-unit structures are not exempt from the above standard, the Board has previously found that
with the Master Plan having granted a waiver for 3-unit buildings to be approved without site plan approval,
this standard related to parking location requirements does apply here.
Parking for the 12 unit buildings is provided underneath the building. A limited amount of parking to the
front of multiplex building 7A is designated as accessible parking. The remainder of visitor parking
associated with the multiplex buildings is to the rear or sides of the buildings. The Board finds this criterion
to be met.
(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.
The Board finds this criterion to be met. See criterion (B)(1) for further discussion.
(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. Plans submitted as part of this application show underground utility lines are
proposed.
(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.
The Board finds this criterion met. See criterion (B)(1) for further discussion.
(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.
The Board finds this criterion met. See criterion (B)(1) for further discussion.
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.
The Board finds that no additional easements are needed for this project.
(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. Plans submitted as part of this application show underground utility lines are
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proposed.
(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).
Dumpsters serving the proposed multi -family buildings are proposed to be enclosed with chain link fence
equipped with red slat screening and a chain link gate.
The Board finds this criterion met.
(D) 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 cost of the street trees is above and beyond this requirement.
The applicant has provided detailed landscaping plans for street trees and detailed typical landscaping for
duplexes, triplexes, each of the multi -family buildings, and transformer cabinets and utility pedestals.
The City Arborist provided the following comments to the applicant.
Recommend reducing the number of maples as street trees. Maples make up nearly 35 % of the
street trees in South Burlington, ideally this would be closer to 20% to maintain species diversity.
Consider substituting 'Celebration' or 'Sienna Glen' Freeman Maple both of which exhibit
superior structure in my opinion
Recommend substituting a larger tree for the 'Spring Snow' Crabapple. Maintaining necessary
clearance over the road (15 ft.) and bike path (10 ft.) is problematic with smaller stature trees.
In addition, Spring Snow is highly susceptible to apple scab disease
The applicant addressed the above comments and the City Arborist indicated via email on August 30, 2017
that they were satisfied with the changes the applicant made in response to comments.
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 cost of the street trees is above and beyond this requirement.
The applicant provided a landscape budget for the single, two-family buildings and three-family buildings as
well as each of the multi -family buildings and the street trees. Approval of the landscape budgets for multi -
building lots is required for site plan review. Site plan review is an embedded element of subdivision review
for multi -building lots. The applicant estimates the total cost of the multi -family buildings in the portion of
the project seeking final plat approval to be $1,200,000 each. The minimum landscaping budget is $19,500
for each multi -family building and the applicant is proposing $17,473.95 of qualifying landscaping for multi-
family Building A and $24,365.90 of qualifying landscaping for multi -family Building B, exclusive of street
trees.
The Board finds this criterion to be met.
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E911 Addresses
The applicant provided E911 addresses on Plan Sheet C1.4. Staff provided these addresses to the State
E911 coordinator, who provided a few recommended edits. The applicant has made the recommended
adjustments and the Board finds that the plan is now in conformance with E911 addressing standards.
The Planning Commission has approved the street name "Stafford Street" for the roadways shown on the
plans as "Stafford" and "Douglas" streets. The plans shall be modified to show both segments of this street
as "Stafford Street" and to reflect E-911 addresses pursuant to this arrangement.
SOUTHEAST QUADRANT DISTRICT
This proposed subdivision is located in the southeast quadrant district. Therefore it is subject to the
provisions of Section 9 of the SBLDR.
9.06 Dimensional and Design Requirements Applicable to All Sub -Districts
The following standards shall apply to development and improvements within the entire SEQ:
A. Height.
(1) The maximum height of any occupied structure in the SEQ-NRP, SEQ-NRT, or SEQ-NR sub -district
shall not exceed forty-five feet (45'); the waiver provisions of Section 3.07(E) shall not apply to
occupied structures in these sub -districts.
(2) The maximum height of any occupied structure in the SEQ-VR or SEQ-VC sub -district shall not
exceed fifty feet (50'); the waiver provisions of Section 3.07(E) shall not apply to occupied structures
in these sub -districts.
In addition, the standards set forth in Appendix C, Table C-2 — Dimensional Standards Applicable in
All Districts shall apply. The most restrictive limitations shall apply at the time a zoning application is
submitted, and shall apply to the single, two (2) and three (3) unit buildings.
Note that for the multi -family (4+ unit) structures, Section 3.07(C) & 9.05 (B) provide specific
provisions for projects with Master Plan approval. The applicant has provided architectural elevations
of the proposed multi -family buildings. Building 7A and 7B are proposed to be forty feet (40') in
height. The Board finds this criterion met.
B. Open Space and Resource Protection.
(1) Open space areas on the site shall be located in such a way as to maximize opportunities for
creating usable, contiguous open spaces between adjoining parcels
The Board finds this criterion met as discussed above.
(2) Building lots, streets and other structures shall be located in a manner consistent with the
Regulating Plan for the applicable sub -district allowing carefully planned development at the
average densities provided in this bylaw.
Though this particular standard was not in place at the time of master plan approval, #MP-05-02
found that development areas are located so as to maximize the aesthetic values of the property in
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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. On an overall
basis, the average density remains below that which is permitted in the sub -district, and coverage is
consistent with the waivers approved as part of the Master Plan except as discussed above pertaining
to two-family homes. The Board finds this criterion met.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall
be established by the applicant.
As part of #MP-05-02, the applicant submitted an open space and natural area management plan for
the entire subject property. This document is entitled "South Village — South Burlington, Vermont —
Community Land Management Plan," dated November 2004. Master plan condition #9 stipulated that
the applicant submit a plan for the management and maintenance of the dedicated open spaces
created through the Master Plan prior to final plat approval for Phase 1. Final plat approval #SD-06-
21, granted on May 3, 2006, references this plan.
The applicant has provided the following update on the status of implementing the Land Management
plan, in blue.
The status of the implementation of the maintenance measures of Land Management Plan is that
restoration work was begun in August 2017. The South Village Communities Stewardship Fund Board
have contracted with Habitat Restoration Solutions, LLC to perform the restoration work required. The
SVC Bylaws (copy available upon request, also filed in the land records) require that % of 1 % of all SVC
unit sales are contributed to the South Village Community Stewardship Fund (SVCSF) in perpetuity. The
SVCSF was established to fund and implement the Land Management Plan. The SVCSF Board is
effectively managing this responsibility.
(4) Sufficient grading and erosion controls shall be employed during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on
the subject property and adjacent properties. In making this finding, the Development Review Board
may rely on evidence that the project will be covered under the General Permit for Construction
issued by the Vermont Department of Environmental Conservation.
The Board finds this criterion met as discussed above.
(5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or
primary or natural community areas and buffers in a manner that is aesthetically compatible with
the surrounding landscape. Chain link fencing other than for agricultural purposes shall be
prohibited within PUDs; the use of split rail or other fencing made of natural materials is
encouraged.
As discussed above, the applicant has provided a wetland buffer design plan. The Board finds this
criterion to be met.
C. Agriculture. The conservation of existing agricultural production values is encouraged through
development planning that supports agricultural uses (including but not limited to development plans
that create contiguous areas of agricultural use), provides buffer areas between existing agricultural
operations and new development, roads, and infrastructure, or creates new opportunities for
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agricultural use (on any soil group) such as but not limited to community -supported agriculture.
The Farm at South Village is located on the western portion of the overall property and continues to be
operated as envisioned. This standard is satisfied from master plan approval.
D. Public Services and Facilities. In the absence of a specific finding by the Development Review Board
that an alternative location and/or provision is approved for a specific development, the location of
buildings, lots, streets and utilities shall conform with the location of planned public facilities as
depicted on the Official Map, including but not limited to recreation paths, streets, park land, schools,
and sewer and water facilities.
The Board finds the proposal to comply with the Official Map, which proposes a road and recreation
path in the vicinity of those proposed on the Phase 111B plan. The Phase 111E area contains an area of
prime agriculture soils and a wildlife corridor. Development has been laid out to allow continued
connectivity of wildlife corridors with appropriate density.
(2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting shall be
designed in a manner that is compatible with the extension of such services and infrastructure to
adjacent properties.
(3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is consistent
with City utility plans and maintenance standards, absent a specific agreement with the applicant
related to maintenance that has been approved by the City Council.
See the Boards findings under PUD standards for a discussion of recreation paths and sidewalks.
(4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire protection
can be provided, with the standards for evaluation including, but not limited to, minimum distance
between structures, street width, vehicular access from two directions where possible, looping of
water lines, water flow and pressure, and number and location of hydrants.
See above discussion under PUD standards.
E. Circulation. The project shall incorporate access, circulation and traffic management strategies
sufficient to prevent unsafe conditions on adjacent roads and sufficient to create connectivity for
pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles between
neighborhoods. In making this finding the Development Review Board may rely on the findings of a
traffic study submitted by the applicant, and the findings of any technical review by City staff or
consultants.
(I) Roads shall be designed in a manner that is compatible with the extension of such services and
infrastructure to adjacent properties.
(2) Roads shall be designed in a manner that is consistent with City roadway plans and
maintenance standards, absent a specific agreement with the applicant related to maintenance
that has been approved by the City Council.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and
neighborhoods shall apply.
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See above discussion under PUD standards.
Condition 12 of #MP-05-02 states that the construction of Midland Avenue must begin at the time the
zoning permit for the 185t" market -rate unit is issued, and that it must be substantially completed at the
closing of the 205t" market -rate unit or six (6) months, whichever is later.
There are several proposed dwelling units with addresses on Midland Avenue. In order for emergency
services to reach an address on Midland Avenue without accidentally going to the Dorset Farms end
prior to the connection being building, if a unit is constructed on Midland Ave before the connection to
the existing segment is made, the new segment of Midland Ave shall be temporarily named and
numbered as Chipman Street to allow clarity for emergency services personnel, and that once the
connection to the existing segment of Midland Ave is made, the addresses on the new segment be
reassigned to the addressing scheme shown on the provided E911 plan.
D. Parks Design and Development.
(1) General standards. The SEQ has an existing large community park, the Dorset Street Park
Complex. Parks in the SEQ may be programmed as neighborhood parks or mini -parks as defined in
the Comprehensive Plan. Mini parks in the SEQ should be a minimum of 10,000 square feet, with
programming approved by the South Burlington Recreation Department. Such parks are to be
located through the neighborhoods in order to provide a car free destination for children and
adults alike, and to enhance each neighborhood's quality of life. They shall be knitted into the
neighborhood fabric as a focal point in the neighborhood, to add vitality and allow for greater
surveillance by surrounding homes, local streets and visitors. Each park should be accessible by
vehicle, foot, and bicycle and there should be a park within a quarter -mile of every home.
(2) Specific Standards. The following park development guidelines are applicable in the SEQ-
NRT, SEQ-NR, SEQ-VR, and SEQ-VC districts:
(a) Distribution and Amount of Parks:
(i) A range of parks and open space should be distributed through the SEQ to meet a
variety of needs including children's play, passive enjoyment of the outdoors, and active
recreation.
(ii) Parks should serve as the focus for neighborhoods and be located at the heart of
residential areas, served by public streets and fronted by development.
(iii) Parks should be provided at a rate of 7.5 acres of developed parkland per 1,000
population per the South Burlington Capital Budget and Program.
(!v) A neighborhood or mini park of 10,000 square feet or more should be provided
within a one -quarter mile walk of every home not so served by an existing City park or
other publicly -owned developed recreation area.
(b) Dedication of Parks and Open Space: Parks and protected open space must be
approved by City Council for public ownership or management, or maintained permanently by
a homeowners' association in a form acceptable to the City Attorney.
(c) Design Guidelines
(i) Parks should be fronted by homes and/or retail development in order to make
them sociable, safe and attractive places.
-..._..._______._ --Pij___Earks..shnuld.be..Inca.te.d.along..prDniinentp-e-d.estrian...an.d..hicyrlP connections_...._..
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(iii) To the extent feasible, single -loaded roads should be utilized adjacent to natural
open spaces to define a clear transition between the private and public realm, and to
reinforce dedicated open space as a natural resource and not extended yard areas.
Several parcels of open space are proposed on the project with a substantial network of trails. In
addition, as part of the Master Plan, a future public recreation field was approved near the intersection
of Allen Road and Spear Street. Applicant and Staff have been working towards construction of the
recreation field pursuant to the agreement with City Council.
The Board found this criterion was satisfied through the Master Plan.
9.08 SEQ-NR Sub -District; Specific Standards
The SEQ-NR sub -district has additional dimensional and design requirements, as enumerated in this
Section.
A. Street, Block and Lot Pattern
(1) Development blocks. Development block lengths should range between 300 and 500 linear feet;
see Figure 9-2 for example. If longer block lengths are unavoidable blocks 500 feet or longer must
include mid -block public sidewalk or recreation path connections.
(2) Interconnection of Streets. Average spacing between intersections shall be 300 to 500 feet. Dead
end streets (e.g. culs de sac) are discouraged. Dead end streets may not exceed 200 feet in length.
Street stubs are required at the end of dead end streets to allow for future street connections and/or
bicycle and pedestrian connections to open space and future housing on adjoining parcels per section
15.12(D)(4).
Spacing between intersections is generally between 300 and 500 feet. There are mid -block crossings
provided at three locations on Midland Avenue spaced at no greater than 500 feet. However, though
there are roadway intersections, there are no pedestrian crossings provided on Midland Avenue
between station 11+25 and 18+50.
The northern portion of Stafford Street is proposed to be a dead-end street and is 400 feet long. While
configuration of the cul-de-sac has changed, the length of Douglas Street was approved as part of the
#MP-05-02 and therefore carries forward. 2121Douglas Street is proposed to serve 24 dwelling units
and has a single point of access onto another roadway.
The Board finds these criteria met.
(3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line and
connected to adjacent parcels per section 15.12(D)(4) of these Regulations. Posting signs with a notice
of intent to construct future streets is strongly encouraged.
There is one street stub proposed on the northern portion of Stafford Street where the two multi -family
buildings are to be located. This stub was approved as part of #MP-05-02 prior to this standard being in
place.
(4) Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5
recommended.
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The proposed development includes both individual lots for buildings as well as one PUD section with a
shared lot. On average, the homes on the shared lots average a ratio of 2.5:1. Given the desires for
common open space and significant wetland buffers, the Board is comfortable with that ratio.
The single family, two family and three family home lots also do not meet the requirement above. The
majority of the lots are in the 1:1 to 1:1.5. The proposed lots were approved as part of #MP-05-02 and
carry forward.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the NR sub-
district are intended to be low -speed streets for local use that discourage through movement and are
safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall be as set forth
in Tables 9-1 and 9-2, and Figures 9-4 and 9-5 of the SBLDR.
The applicant has provided road sections demonstrating that the public neighborhood streets are
proposed to be 26-feet wide, consistent with the standard for local streets with one-sided parking in the
SEQ-NR district. The private roadway, erroneously labeled Kingsbury Lane on Sheet C7.0, is proposed to
be 20-feet wide. The SEQ-NR standard for local streets with no parking is 24-feet. The Board finds that
in the interest of preserving open space this is acceptable and therefore supports a 20-foot width for
this roadway. The section of Midland Avenue through the wetland buffer is also proposed to be 20-feet
wide. The SEQ-NR standard for pavement width at wetland crossings is 18-feet. In discussion with the
applicant, they indicated that Midland Avenue is proposed to be 20-feet wide because this is the width
that was approved in the court decision pertaining to Phase 1116. The Board finds that this width was
granted as a narrower width than the allowable standard at the time of the court decision and it would
therefore be acceptable to further narrow the road to meet the current standards. The applicant
additionally indicated concern about an 18-foot roadway width having curbs. The Board finds that it is
unlikely that a fire truck would need to place outriggers at the wetland crossing, therefore the presence
or absence of curbs should have no impact on the acceptable road width. Additionally, there is a
dedicated 8-foot wide recreation path adjacent to the roadway at the Midland Avenue wetland crossing.
Because there is a separate dedicated pedestrian way, curbs should have no adverse impact on
pedestrian safety at the wetland crossing. The Board therefore finds that the roadway be narrowed to
18-feet at the wetland crossing.
(2) Sidewalks. Sidewalks must be a minimum of five feet (5') in width with an additional minimum
five-foot planting strip (greenspace) separating the sidewalk from the street. Sidewalks are required
on one side of the street, and must be connected in a pattern that promotes walkability throughout
the development. The DRB may in its discretion require supplemental sidewalk segments to achieve
this purpose.
Sidewalks and planting strips meet the dimensional requirements, except at wetland crossings where
the planting strip width has been reduced to reduce wetland impacts. See discussion above for DPW
comments regarding sidewalk location.
(3) Street Trees; see Section 9.08(B)(3)
Street trees are required along all streets in a planting strip a minimum of five feet wide. Street tress
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
scut >s��'£x
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PLANNING & ZONING 17 of 25
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thirty feet (30') on center.
Street trees are generally placed at 30-foot or smaller spacing. See discussion above for Arborist
approval of the tree selection. The Board finds this criterion met.
(4) On -street parking. Section 9.08(B)(4) states that 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.
The Board finds this criterion met.
(5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and to
slow traffic; see Figure 9-6 and Section 9.08(B)(5).
See discussion of PUD Condition (A)(9). The Board finds this criterion to be 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 trespass minimized to the lowest
level consistent with public safety.
Lighting is proposed at intersections with public roads and at the multiplex building parking areas. Poles
are proposed to be 13-feet high. The Board finds this criterion met.
C. Residential Design
(1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for single
family and multi family buildings must face the street. Secondary building entries may open onto
garages and/or parking areas. (Special design guidelines apply to arterial streets).
All proposed buildings are oriented to the street. The Board finds this criterion to be met.
(2) Building Facades. Building facades are encouraged to employ a theme and variation approach.
Buildings should include common elements to appear unified, but facades should be varied from one
building to the next to avoid monotony. Front porches, stoops, and balconies that create semi -private
space and are oriented to the street are encouraged.
See discussion of Site Plan Review Standard (B)(1).
(3) Front Building Setbacks. In pedestrian districts, a close relationship between the building and the
street is critical to the ambiance of the street environment. Buildings should be set back twenty-five
feet (25') from the back of sidewalk.
As part of its Master Plan approval the front setback for both single family homes and multi -family units
was reduced from 20 ft. to 10 ft. As part of this decision, the Board approves a 10 ft. front setback
waiver for two-family homes. See discussion above under Zoning District and Dimensional Standards.
(4) Porches, stoops, and balconies may project up to eight feet (8') into the front setbacks. Porch,
stoop and balcony areas within the front setback shall not be enclosed or weatherized with glazing or
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PLANNING & ZONING 18of25
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other solid materials.
None of the porches, stoops or balconies project into the 10-foot front setback shown on the plans. The
Board finds this criterion to be met.
(5) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. The front building line of
the garage must be set behind the front building line of the house by a minimum of eight feet.
This criterion is addressed in the South Village Design Review Standards document provided by the
applicant and discussed under Site Plan Review Standard (B)(1) above.
(6) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and
affordability is encouraged within neighborhoods and developments. These should be mixed within
blocks, along the street and within neighborhoods rather than compartmentalized into sections of
near -identical units.
See discussion of Design Review Standards document provided by the applicant and discussed under
Site Plan Review Standard (B)(1) above.
Affordability
As part of the Findings of Fact & Decision for #MP-05-02, the applicant received approval for a density
bonus of 65 units, 33 of which must meet affordability criteria in perpetuity. Without the density bonus,
the applicant has approval to construct 269 units. This decision brings the number of approved units up
to 264.
As established in Section 18.02D(3), the units must be physically integrated into the design of the
development in a manner satisfactory to the Development Review Board and distributed among the
housing types in the proposed housing development in the same proportion as all other units in the
development, unless a different proportion is approved by the Development Review Board as being
better related to the housing needs, current or projected, of the City of South Burlington.
The applicant has indicated that they are developing a proposal for this mix, which they plan to submit
as a master plan amendment in the future. The Board finds that a condition which ensures the
provisions of Section 18.02 are met is needed.
Phasing
The applicant is proposing to construct Phase IIIB in three phases, with the first phase consisting of
Midland Avenue from the previously permitted culvert crossing to the existing segment of Midland
Avenue on the far side of the wetland, the second phase consisting of the southern roadways, and the
third phase consisting of the multiplex buildings to the north.
OTHER
Article 15, Section 15.15: PHASING/BONDING
The estimated cost of Project infrastructure is $2,188,326.81. This figure has been confirmed by the
Director of Public Works in an email dated October 27, 2017 as follows.
sou thinii lras���
PLAUaING &��
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Good Morning Marla,
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Findings of Fact and Decision
I have reviewed the South Village Phase 111E - Road and Infrastructure Schedule of Values and
find it to be appropriate.
Justin
The applicant shall post a bond for the infrastructure in the amount of $2,516,575.82, which
includes 15% contingency. The total street tree cost is $90,812.50. The applicant shall post a bond
or letter of credit, or establish an escrow account, for these amounts, which may be broken down by
sub -phase as summarized in the following table. The format of the bonds will be determined by the
administrative officer.
Sub -Phase
Road and
Infrastructure
Cost
15%
Infrastructure
Total
Infrastructure
Bond
Street Tree
Total Bond
1B
$ 1,043,243.20
$ 156,486.48
$ 1,199,729.68
$ 43,237.50
$ 1,242,967.18
2
$ 443,626.75
$ 66,544.01
$ 510,170.76
$ 28,075.00
$ 538,245.76
3
$ 701,456.86
$ 105,218.53
$ 806,675.39
$ 19,500.00
$ 826,175.39
Total
$ 2,188,326.81
$ 328,249.02
$ 2,516,575.83
$ 90,812.50
$ 2,607,388.33
The Board incorporates by reference the proposed phasing plan found on plan sheet C1.OA, which
outlines the infrastructure elements tied to each sub -phase.
Energy Standards
The Board notes that all new buildings are subject to the Stretch Energy Code pursuant to Section 3.15:
Residential and Commercial Building Energy Standards of the LDRs.
Bicycle Parking and Storage
The proposed 12-unit buildings are subject to the short and long-term bicycle parking standards of
Section 13.14.
The applicant is proposing to include two clusters of four (4) short-term bicycle parking spaces, one
outside each of the two multi -unit buildings, and twelve long-term bicycle racks in the subsurface
garages under each multi -unit building. The applicant has provided manufacturers' details to
demonstrate that both the short- and long-term bicycle parking spaces meet the criteria of Section
13.14. The Board finds this criterion met.
DECISION
Motion by Matt Cota seconded by John Wilking to approve Preliminary and Final Plat Application
#SD-17-18 of South Village Communities, subject to the following stipulations:
2. All previous approvals and stipulations will remain in full effect except as amended herein.
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3. This project must be completed as shown on the plat submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning.
4. The plans must be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) complete copies of the approved revised plan set and one
electronic copy must be submitted to the Administrative Officer prior to recording the final plat
plan.
a. The Site Plans must be revised to remove the sidewalk in front of units 100, 102 and 103.
b. The Board requires the applicant modify the plans to precisely reflect the provided language as
it pertains to pavement markings, as follows.
i. Sheet C7.1—Site Details:
1. The Crosswalk Detail shows the markings as "Thermoplastic Tape." Remove that
reference and replace with "VTrans Pavement Marking Tape, Type A, 708.12(a) as
approved by the Public Works Department."
2. The Line Striping Detail shows the markings as "4 inch white painted markings." Remove
that reference and replace with "VTrans Pavement Marking Tape, Type A, 708.12(a) as
approved by the Public Works Department."
ii. Sheet C7.7 references a "4 inch reflective white marking, see detail." Provide the referenced
detail.
iii. Within the Site Specifications starting on C8.1 a section on Pavement Markings needs to be
added and it needs to state, "All pavement markings on public streets shall be VTrans
Pavement Marking Tape, Type A, 708.12(a) as approved by the Public Works Department.
The current approved product list can be found at
httr)://vtrans.vermont.Rov/sites/aot/files/portal/documents/aloam/APL.odf."
iv. Narrow Midland Avenue to 18-feet at the wetland crossing.
V. Show both segments of Douglas and Stafford streets as "Stafford Street" and to reflect E-911
addresses pursuant to this arrangement
The following waivers of Land Development Regulation standards are granted
a. Two-family minimum lot size from 12,000 square feet to 3,600 square feet
b. Two-family maximum building coverage from 15% to 50%
c. Two-family maximum lot coverage from 30% to 61%
d. Two-family front yard setback from 20' to 10'
e. Two-family rear yard setback from 30' to 10' (5' for rear lanes)
f. Private roadway pavement width from 24' to 20'
6. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit.
7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
8. 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 must meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
9. Any changes to the final plat plan will require approval of the South Burlington Development Review
Board.
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10. The final plat plan (Lotting Plat Sheets P1 and P2) and the Overall Proposed Conditions Site Plan
(Sheet C1.0) 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.
11. The mylar must be recorded prior to zoning permit issuance.
12. Prior to issuance of each zoning permit for the multi -family buildings, the applicant shall post a
landscaping bond with a value of $17,474 for multi -family Building A and $24,366 for multi -family
Building B. This bond shall remain in full effect for three (3) years to assure that the landscaping has
taken root and has a good chance of survival.
13. Prior to issuance of a zoning permit for the first lot or start of utility or road construction, the applicant
shall submit to the Administrative Officer homeowner documents for owners of the lots and dwelling
units which impose the following conditions in order to protect the wetland and associated buffer
areas: no pesticide nor herbicide application within wetlands and buffer areas; no mowing in
wetlands and/or their buffers; disturbance of wetland vegetation should be limited to remediation
activities; and no planting non-native species in wetlands or their buffers save for implementation of
the Land Management Plan and to meet conditions of the projects Individual Wetland Permit issued
on September 10, 2014 by the Vermont Agency of Natural Resources.
14. The applicant shall regularly maintain all stormwater treatment and conveyance infrastructure.
15. Fire hydrants must be installed and tested before construction of the combustible portions of
buildings are started pursuant to NFPA 1 Chapter 18.
16. Minimum hydrant flow shall be based on NFA- NFF formula plus a safety margin of not less than
10%.
17. Fire Department access to these phases including temporary turn around shall be installed when
construction begins to each phase.
18. All roads shall comply with Fire Department apparatus turning radii (includes mutual aid apparatus).
19. Parking of construction vehicles will be restricted to one side of the road to maintain Fire
Department access during construction.
20. The Project must comply with NFPA 241—Safe Guarding buildings under construction, alteration or
demolition.
21. Master Plan Condition #18 states that the applicant shall provide $20k of off -site intersection
upgrades and traffic calming measures. The applicant must make a $20,000 payment for off -site
intersection upgrades and traffic calming measures to the City of South Burlington prior to the
completion of the base course of asphalt paving on Midland Ave through the Phase IIIB portions of
the Project.
south m ngiis 4
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22. The document entitled South Village Design Review Standards for Village Homes, Village
Townhomes, Carriage SF and Duplex with Notes on 4+ plexes is adopted by reference as a condition
of this approval.
23. Condition #23 of master plan approval #MP-05-02 is superseded. In its stead, the following
condition applies:
The Recreation Path in Phase 3 (the Ridge Neighborhood) shall be constructed at the some time
as the Midland Avenue connection, which is required by condition #12 of MP-05-02 to begin
construction at the issuance of the zoning permit of the 1851h market -rate unit and be
substantially complete at the closing of the 205th market -rate unit or six (6) months, whichever is
later. Surety for completion of this portion of the Recreation Path shall be provided at the
issuance of the zoning permit for the 185th market -rate unit.
24. If a unit is constructed on Midland Ave before the connection to the existing segment of Midland
Avenue is made, the new segment of Midland Ave shall be temporarily named and numbered as
Chipman Street to allow clarity for emergency services personnel, and that once the connection to
the existing segment of Midland Ave is made, the addresses on the new segment be reassigned to
the addressing scheme shown on the provided E911 plan.
25. There shall be at least six (6) Affordable Housing units in Phase 1116 with no more than four (4) units
in the buildings with greater than three units. This condition does not alleviate the overall
responsibility of the applicant to meet the affordability mix of section 18.02 of the Land Development
Regulations either within Phase IIIB or within the South Village PUD as a whole.
26. Prior to or coincident with submittal for a site plan or final plat approval for any unassigned lots
within the South Village PUD that is the subject of master plan approval #MP-04-01 and #MP-05-02,
as amended, the applicant/property owner must submit an overall affordability plan consistent with
Section 18.02. For the purposes of this condition, the unassigned lots are Lots 4, 11 and 11A in
Phase I as shown on the plans associated with site plan approval #SP-15-09 and the lot south of
Preserve Road identified as "Open Space 1.92 Acres (Reserved for Future Development)" on the
plans associated with subdivision approval #SD-16-08, as well as any other lot for which a change in
the number of units on the most recent approved site plan is proposed.
27. Zoning permits must be obtained for all the units in the buildings with greater than three units
within five (5) years of approval with the option for requesting a one (1) year extension.
28. Prior to issuance of a zoning permit for the first lot or start of utility or road construction, all
appropriate legal documents including easements (e.g. irrevocable offer of dedication and warranty
deed for the proposed public road, and utility, sewer, drainage, and water, etc.) shall be submitted
to the City Attorney for approval and recorded in the South Burlington Land Records.
29. The proposed phasing plan found on plan sheet C1.0A, which outlines the infrastructure elements
tied to each sub -phase, is incorporated by reference.
30. Prior to start of the improvements described in #28 above, the applicant shall post a $90,812.50
landscape bond for the street trees, which shall remain in effect for three (3) years. The bond may
be broken down by sub -phase, as follows.
SoUtiY . y i I
a
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Sub -Phase
Street Tree
113
$ 43,237.50
2
$ 28,075.00
3
$ 19,500.00
Tota l
$ 90,812.50
31. Prior to start of construction of the improvements described in condition #28 above, the applicant
shall post a bond which covers the cost of said improvements plus 15% contingency, the amount of
which must be approved by the City Engineer. The bond may be broken down by sub -phase, as
follows.
Sub -Phase
Road and
Infrastructure
Cost
15%
Infrastructure
Total
Infrastructure
Bond
1B
$ 1,043,243.20
$ 156,486.48
$ 1,199,729.68
2
$ 443,626.75
$ 66,544.01
$ 510,170.76
3
$ 701,456.86
$ 105,218.53
$ 806,675.39
Total
$ 2,188,326.81
$ 328,249.02
$ 2,516,575.83
32. Street trees must be in place along the street prior to adding the final layer of the pavement.
Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Frank Kochman
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 WiIking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 4 — 0 —1
Signed this 1 day of December 2017, by
4 �,
Mat Vice Qr
PLEASE NOTE: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail with the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must be mailed to
the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South
Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-
951-1740 or https://www.vermontjudiciary.org/environmental
SOI1t es `
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for more information on filing requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.
PLANNIN- Si0NING 25of25