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Home My WebLink AboutSD-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 IIIB of 334 unit planned unit development. Phase 1116 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. The applicant requested reconsideration of condition #5 and condition #25 of the findings of fact and decision effective December 1, 2017. The Board heard the reconsideration request on February 6, 2018. The findings and conditions related to this reconsideration are noted below. 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. S. 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-40....... _. LIGHTING DETAILS 8 30 2017 southbudilloton PLANK w.C... . Z NINc 1 of25 A201 7A BUILDING ELEVATIONS A202 7A BUILDING ELEVATIONS A201 7B BUILDING ELEVATIONS 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 south!)' i"p on PLANNING & ZONING, #SD-17-18 Findings of Fact and Decision 6/1/2017 6/1/2017 6/1/2017 6/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/l/2017 9/1/2017 9/15/2017 9/15/2017 9/15/2017 9/15/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/1/2017 9/15/2017 9/1/2017 9/1/2017 9/1/2017 2 of 25 #SD-17-18 Findings of Fact and Decision C7.6 GRAVEL WETLAND DETAILS 9/15/2017 C7.7 TRAFFIC CALMING DETAILS 9/1/2017 C8.0-8.5 SPECIFICATIONS 9/1/2017 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 for the 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. At the February 6, 2018 hearing, the applicant has requested that an additional waiver be granted to reduce the side yard setback from 10' to 5' for single-family and two-family homes, and from 20' to 5' for multi -family homes. The requested waivers were granted for Phases I and 11, but were not part of the master plan approval. 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. southh t PtANNING�& ZONING 3of25 #SD-17-18 Findings of Fact and Decision 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: 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 ou : i F1ANNING..& ZONING 4of25 #SD-17-18 Findings of Fact and Decision 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. 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- southil PLANNING & ZONING 5of 25 #SD-17-18 Findings of Fact and Decision 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- 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 Chief's 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 formulo 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 an 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 turn around 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 southburlington, YIANN�Nc�B 20NIMc 6of25 #SD-17-18 Findings of Fact and Decision 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. This acceptoble. 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 soitt l PLANNING & ZONING 7of25 #SD-17-18 Findings of Fact and Decision 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. 4. 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." PLANNING $ ZONING 8of25 #SD-17-18 Findings of Fact and Decision ii. 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 product list can be found at http://vtrans.vermont.gov/sites/aot/files/portal/documents/alpgm/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. south PLANNING & ZONING 9of 25 #SD-17-18 Findings of Fact and Decision L 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. 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. south', PLANNING & ZONING 10 of 25 #SD-17-18 Findings of Fact and Decision (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 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 PLANNING B ZONING 11 of 25 #SD-17-18 Findings of Fact and Decision 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. 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.OS (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. P€ANN�ING....&�ingion ZONING 12of25 #SD-17-18 Findings of Fact and Decision (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 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. SCiu hht Oingt. �L PLANNINr & aoNMG 13of25 #SD-17-18 Findings of Fact and Decision 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 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 111E 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. (1) Roads shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. southburlinmon PiAMNISc & i 0 N I NG 14of25 #SD-17-18 Findings of Fact and Decision (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. 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 185th market -rate unit is issued, and that it must be substantially completed at the closing of the 205th 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. (iv) 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 south 9 PLANNING 8 � ZONING 15 of 25 #SD-17-18 Findings of Fact and Decision 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. (ii) Parks should be located along prominent pedestrian and bicycle connections. (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 south .rs PtANNI G a 70NING 16of25 #SD-17-18 Findings of Fact and Decision 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. 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. southinidinoton rcauroiNc s TONING 17of25 #SD-17-18 Findings of Fact and Decision 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 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 Fa4ades. 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 scut I ) t PLANNING & 20N IN.G 18 of 25 #SD-17-18 Findings of Fact and Decision 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 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 (13)(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. At the February 6, 2018 reconsideration hearing, the applicant requested that the approved condition have the phrase "In the event that the applicant builds more than 269 units" be appended to the beginning. The Board finds that the project was approved with 334 units therefore a condition recognizing the potential for 269 units would be inconsistent with prior findings. The Board finds that should the applicant wish to construct only 269 units, a master plan amendment would be needed. outhl . ; PLANNING B Z D N I N G 19of25 #SD-17-18 Findings of Fact and Decision Phasing The applicant is proposing to construct Phase 1116 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. Good Morning Marla, 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. south',", .t;- , PLANNING S ZoNiNG 20of25 #SD-17-18 Findings of Fact and Decision 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 Jennifer Smith 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. 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. 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. 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 http://vtrans.vermont.gov/sites/aot/files/portal/documents/alpgm/APL.pdf." 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 5. 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' PLANNING & ZRNING 21of25 #SD-17-18 Findings of Fact and Decision g. Single family side yard setback from 10' to 5' h. Two-family side yard setback from 10' to 5' i. Multi -family side yard setback from 20' to 5' 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. 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. so uth a ort PEASNING�& ZONING 22of25 #SD-17-18 Findings of Fact and Decision 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 11113 portions of the Project. 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 185`n market -rate unit and be substantially complete at the closing of the 2051h 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 185" 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 11113 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. south") url Y11 1011. P1ANNIwc,,.& ZONING 23of25 #SD-17-18 Findings of Fact and Decision 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. Sub -Phase Street Tree 1B $ 43,237.50 2 $ 28,075.00 3 $ 19,500.00 Total $ 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. southhudingirm PtANN"iN"G,.&"ZONING 24of25 #SD-17-18 Findings of Fact and Decision Mark Behr Yea Nay Abstain Matt Cota Yea Nay Abstain Frank Kochman Yea Nay Abstain Bill Miller Yea Nay Abstain David Parsons Yea Nay Abstain Jennifer Smith Yea Nay Abstain John Wilking Yea Nay Abstain Motion carried by a vote of 5 — 0 — 0 Signed this 22 day of February, 2018 by Bill Miller, Chair Not Present Not Present Not Present Not Present IVnt Pracant Not Present Not Present 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 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. PLANNiW i'zoHInc 25of25