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HomeMy WebLinkAboutMP-04-01 - Decision - 1840 Spear StreetCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING SOUTH VILLAGE COMMUNITIES, LLC MASTER PLAN APPLICATION #MP-04-01 FINDINGS of FACT & DECISION South Village Communities, LLC, hereafter referred to as the applicant, is seeking Master Plan approval pursuant to Section 15.07 of the South Burlington Land Development Regulations for a planned unit development consisting of: 1) a 334 residential unit traditional neighborhood design to include single-family, two-family, and multi -family dwelling units, 2) a 100-student educational facility, and 3) a 35-acre community -supported farm, 1840 Spear Street. Master Plan approval for this property is required by Section 15.07(B)(1) of the South Burlington Land Development Regulations as a prerequisite to the development of ten (10) or more residential units in the Southeast Quadrant Zoning District (SEQ). The Development Review Board held its final public hearing on the subject application on February 8, 2005. A technical correction was approved on August 16, 2005 to condition #21. Based on testimony provided at the above mentioned public hearings and the plans and supporting materials in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS of FACT 1. This application consists of a Master Plan for a planned unit development consisting of 334 residential units; a 100-student educational facility, and a 35- acre community -supported farm, 1840 Spear Street. 2. The application is based upon a plan entitled "South Village — Master Plan — Spear Street — South Burlington, Vermont". 3. The owner of record of the property is Paul Calkins. 4. The application was deemed complete pursuant to 15.07(3) of the Land Development Regulations. Master Plan Application The following information was relied upon in making this decision pursuant to Section 15.07(C)(3) of the Land Development Regulations: a. An accurate Master Plan has been submitted. b. The title block is "South Village — South Burlington, Vermont — Spear Street and Allen Road." c. The plans were prepared by Civil Engineering Associates, Inc.; Looney Ricks Kiss; TND Engineering; LandWorks; and Applied Ecological Services, Inc. d. A list of abutters was provided with the application and the names of abutters are included on sheet C2.1 of the plans. e. The Master Plan application and the plans referenced in (b) above include the following information: i. The combined area of the property subject to the Master Plan is 224.18 acres. ii. The plan indicates that 58.3 acres (Phase 1: 25 acres; Phase 2: 18.2 acres; and Phase 3: 15.1 acres) are proposed for development and 165.88 acres are proposed for open space. iii. Public amenities and facilities indicated on the plans include public streets, a public water system, a public sewer system; a public stormwater drainage system, and a public recreation path. iv. The maximum overall coverage proposed for the property is 13.9% (30% permitted). The maximum building coverage proposed for the entire property is 5.5% (15% permitted). v. The total number of residential dwelling units proposed by the applicant for the entire property is 334. This total includes the 269 units yielded through the base density in the Southeast Quadrant (1.2 units/acre), plus the 65 units yielded through the 25% density bonus for providing mixed -rate housing, pursuant to Section 13.14 of the Land Development Regulations. vi. The traffic study prepared by TND Engineering estimates a maximum PM peak hour VTE count of 336. vii. The sewer and water master plan is depicted on sheet C5.0 of the plans and has been reviewed by the City Engineer and the Superintendent of South Burlington Water Department. viii. The roadway and sidewalk details, including the proposed hierarchy system, are outlined on sheets T4.1 though T4.6 of the plans. The plans have been reviewed and by the Director of Public Works. ix. The existing conditions plans on sheet C2.1 of the plans depict 2' contour intervals. Other sheets depict 5' contour intervals, which are in compliance with this requirement. x. The boundary survey for the property is depicted on sheet S1.0 of the plans. xi. The proposed northerly and southerly street intersections have been staked in the field and have been designed to intersect existing driveways and/or undeveloped lots along the westerly side of Spear Street. xii. The roadway waivers that the applicant is requesting are as follows: • Minimum pavement width for collector streets from 30' to: 20' at wet'and crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one side and 20' at bulbouts; and 26' (with a 28' structural base under designated "collector routes provided that adequate clearances are provided for large vehicle turning movements). 2 • Minimum pavement width for local streets from 28' to: 20' at wetland crossings; 26' with parking on one side, and 24' with no striped parking (parking is prohibited). • Minimum radius of curves for collector streets from 500' to 300' (30 mph) or 180' (25 mph). • Minimum radius of curves for local streets from 300' to 180'. • Minimum tangent length between curves for collector streets from 150' to 50'. • Minimum tangent length between curves for local streets from 100' to 50'. • Minimum distance between centerline offsets for local streets from 200' to those dimensions outlined below: C Street to D Street along F Street - 145' ➢ G Street to C Street along F Street - 150' ➢ G Street to B Street along F Street - 145' ➢ Common Lane (south) to E Street along E Street - 60' Common Lane (south) to E Street along D Street - 86' o Common Lane (north) to A Street along A Street - 50' Common Lane (north) to A Street along B Street - 190' • Minimum vertical (stopping) sight distance from 300' to 150' for collector streets (25 mph posted speed). No waiver is requested for proposed street intersections at Spear Street. • Minimum vertical (stopping) sight distance from 200' to 150' for local streets (25 mph posted speed). • Minimum horizontal (corner) sight distance for collector streets from 500' to 280' on internal South Village intersections with collector roads (i.e. A Street, D Street, E Street), stopping sight distance requirements should be met at all remaining intersections based on expected operating speeds of on -site traffic. No waiver is requested for proposed street intersections at Spear Street • Minimum horizontal (corner) sight distance for local streets from 500' to 280' on internal South Village intersections with collector roads (i.e. A Street, D Street, E. Street), stopping sight distance requirements should be met at all remaining intersections based on expected operating speeds of on -site traffic. xiii. The Southeast Quadrant dimensional standard waivers that the applicant is requesting are as follows: • A Single-family minimum lot size from 12,000 square feet to 3,600 square feet. • Single-family maximum building coverage from 15% to 42%. • Single-family maximum lot coverage from 30% to 61 %. • Single-family front yard setback from 20' to 10'. • Single-family rear yard setback from 30' to 10' (5' for rear lanes). • Multi -family maximum building coverage from 15% to 50%. • Multi -family maximum lot coverage from 30% to 65%. • Multi -family front yard setback from 20' to 10'. • Multi -family rear yard setback from 30' to 5'. b. Proposed Development Areas in the Master Plan Application The Master Plan application includes three (3) proposed development areas, as follows: [P���age Center 756,units and a 100-student Phase 2: Fields Edge ol, southwesterly portion of property. 99 units, northwesterly Phase 3: The Ridge onion of ropert ._ 79 units, southeasterly portion of the property_ The maximum number of units allowed on this property is 334. The plans submitted depict a total of 335 units, so one (1) unit shall be deleted from Phase 3 of the Master Plan, for a total of 79 units. Pursuant to Section 15.18 (A) of the South Burlington Land Development Regulations Master Plans shall comply with the following standards and conditions 1. §15.18(A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. The City does not currently have adequate water supply capacity to serve the proposed project, which is estimated to demand 115,000 gallons per day. However, the additional water supply storage that the City is in the process of constructing will be sufficient to supply the demand of the proposed project. The Bartlett Bay wastewater treatment facility currently has sufficient capacity to serve the proposed project, which is estimated to generate 72,000 gallons per day. The City Wastewater Ordinance has specific provisions to allow large-scale project to obtain wastewater allocation permits during the approvals of specific phases of a Master Plan. Thus, the applicant will obtain water allocation and wastewater allocation approval at each of the three (3) proposed phases of this project. In addition, the applicant will obtain State permits in conjunction with the approval of the three (3) phases of this project. 2. §15.18(A)(2) Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent 4 properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. Individual preliminary and final plat applications will be evaluated for conformance with this criterion and the provisions of Article 16 of the Land Development Regulations, Construction and Erosion Control. 3. §15.18(A)(3) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. The applicant submitted a traffic impact study prepared by TND Engineering, dated through December 22, 2004. The applicant also submitted a traffic impact study addendum, dated through December 22, 2004. Both of these documents were submitted to Fuss and O'Neil for technical review. John Dietrich, of Fuss and O'Neil, provided his finding on the proposed roadway design waivers in a memorandum dated February 7, 2005. The specific traffic management strategies to control access and circulation for the proposed project will be conditioned and implemented at each of the three (3) phases of this Master Plan. John Dietrich provided his finding or, the proposed roadway design waivers in a memorandum dated February 4, 2005. The Director of Public Works has been extensively involved in the review of this Master Plan because of the significance of the public roadway waivers the applicant is requesting. His comments are outlined in two (2) memorandums dated November 21, 2002 and September 7, 2004. 4. §15.18(A)(4) The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. The subject property has a major Class II wetland extending from the northerly to the southerly boundaries. The presence of this wetland was a major factor in the design of the proposed master plan. All of the proposed buildings and building envelopes avoid encroaching into this Class II wetland and its associated 50' wide buffer. The proposed roadway layout will result in encroachment into the westerly finger of the Class II wetland and its associated 50' wide buffer in two (2) locations. In addition, there are numerous Class III wetland and wetland buffer encroachments by buildings, building envelopes, and roadways. The wetland impacts of the proposed master plan are minimal reiative to the surface area of wetlands on the subject property. The applicant's wetland consultant, Art Gilman, submitted a memorandum dated June 4, 2004, addressing the criteria in Section 12.02(E) of the Land Development Regulations. In addition to wetland constraints, there are significant wildlife habitat impact concerns on the subject property. The large swath of wetland area covering the property will serve as a significant open space corridor to facilitate wildlife habitat and movement. The large wooded area along the easterly property boundary, known as the "Great Swamp", has been identified as one of the most significant natural areas in South Burlington. Due to these wildlife concerns, the applicant has not proposed any buildings or building envelopes in this area, thus leaving the area intact. However, there is another wooded area to the west of the larger one referenced above, located in between the two (2) fingers of the large Class 11 wetland. This "ridge" area, by virtue of its location between the "Great Swamp" and five -acre residentially -zoned areas and associated woodland areas to the south in Shelburne, also contains features that make it suitable as wildlife habitat. The applicant has proposed 80 units in and adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west roadway connecting Spear Street to Midland Avenue is proposed to cross through the southerly portion of this wooded area. The applicant's certified wildlife biologist, Dave Capen, submitted a wildlife study dated June 2004, addressing the project's wildlife impacts. The South Burlington Natural Resources Committee (NRC) reviewed the proposed Master Plan on July 8, 2004 and July 22, 2004. The NRC was provided with copies of the applicant's wetland consultant's memorandum referenced above and the applicant's wildlife study referenced above. In addition, the NRC visited the site with the applicant, the applicant's wetland consultant, the applicant's wildlife biologist, the applicant's civil engineer, and other applicable parties. The NRC's recommended approval of the proposed Master Plan with the following conditions: 1. eliminate the southeasterly pod (Phase 3: The Ridge) for wildlife habitat protection considerations; 2. phase in east -west roadway based on City need and/or project need; 3. if the east -west road is constructed, the NRC recommends: a. wildlife -friendly design features b. wetland protection features 4. locate bike paths and pedestrian paths in a manner that minimizes wetland impacts; 5. if wetland experts disagree on the delineation at the DRB meeting, the NRC recommends that the DRB invoke technical review; 6. no pesticide application; 7. no mowing in wetlands and/or their buffers; 8. disturbance of wetland vegetation should be limited to remediation activities; 9. no planting non-native species in wetlands or their buffers. At the meeting on September 28, 2004, the Development Review Board invoked technical review of the original wetland delineations performed by Art Gilman. The City hired Pioneer Environmental to conduct the technical review. The determinations of Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated November 12, 2004. 6 The City has identified housing, the connection of neighborhoods, and wildlife protection as three (3) major priorities in the development of South Burlington. There is a challenge in balancing these priorities, as they are in conflict with regard to Phase 3 of the proposed Master Plan. The original plans had 111 units proposed in this area and staff suggested that the 65 units and lots that comprise the upper portion of Phase 3 should be displaced elsewhere within the project. This would preserve a vast majority of the wooded area and protect the integrity and functionality of the open space and wildlife corridor in this area. The applicant moved all but three (3) of the lots out of the subject woodland area. Three (3) of the apartment buildings were displaced into the southern portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units. Staff feels that this revision to the original plans is an adequate compromise between preserving the wildlife habitat in the subject wooded area and providing housing. The South Burlington City Council and staff feel very strongly that the east -west roadway connecting the proposed project to Midland Avenue must be constructed. Dorset Farms was permitted with the explicit understanding that Midland Avenue would be connected to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a significant number of housing units in this area, and it is very important that they are connected from a safety, traffic management, and community planning perspective. 5. §15.18(A)(5) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. Pursuant to Section 9.01 of the Land Development Regulations, the Southeast Quadrant District (SEQ) is hereby formed in order to encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued agricultural use, and well planned residential use in the largely undeveloped area of the City known as the Southeast Quadrant. The open character and scenic views offered in this area have long been recognized as very special and unique resources in the City and worthy of protection. The location and clustering of buildings and lots in a manner that in the judgment of the Development Review Board will best preserve the open space character of this area shall be encouraged. The proposed Master Plan is visually compatible with the planned development patterns of the Southeast Quadrant. The buildings, building lots, and roads are clustered and concentrated towards the westerly portion of the property, creating significant open space areas in the central and easterly portions of the subject property. The more than 165 acres of open space preserved through this Master Plan will maintain the open character of the area and will protect wetlands, woodlands, and wildlife habitat. By eliminating the proposed units in the upper portion of Phase 3, the applicant has increased the protection of wildlife habitat functions and natural resource on the property. The proposed Master Plan complies with the building height requirements for the Spear Street — Allen Road Scenic View Protection Overlay District, as outlined in Section 10.03(F) of the Land Development Regulations. A total of 35 acres of the land within this scenic overlay district will be devoted to a community -supported farm. 7 6. §15.18(A)(6) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The layout proposed through this Master Plan will preserve over 165 acres of dedicated open space, mainly in the central and easterly portions of the subject property. The location of this open space will create contiguous open space corridors with the properties to the south and north of the subject property. 7. §15.18(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval including, but not be limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. The South Burlington Fire Chief reviewed the master plan to assess the proposed roadway layout. His comments are included in a memorandum dated September 2, 2004. The Fire Chief will review the location of hydrants and other details related to fire protection within each of the three (3) phases during the preliminary and final plat review of each phase. 8. §15.18(A)(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. The general layout of the roads, recreation paths, and utilities is adequate to facilitate the extension of such services to adjacent properties. 9. §15.18(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. The overall road layout and hierarchy system are adequate and have been approved by the Director of Public Works and the Fire Chief. The overall recreation path layout was reviewed by the South Burlington Recreation Path Committee and comments were provided in memorandums from Tom Hubbard, the Director of the South Burlington Recreation Department, dated November 2, 2004 and December 10, 2004. The landscaping and utility details will be reviewed during the subsequent preliminary and final plat stages of the individual phases. 10. §15.18(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed Master Plan is consistent with the following objectives for the Southeast Quadrant, as outline in Chapter 8(G) of the South Burlington Comprehensive Plan: a. Preserve and enhance the open character, natural resources, and scenic views of the Southeast Quadrant, while allowing carefully planned development. b. Maintain a rate, location, intensity, and timing of future development in the Southeast Quadrant that is in accord with the physical characteristics of the land and the availability of municipal services and facilities, and which is consistent with the City's population growth objectives and land use recommendations. c. Promote a variety of residential patterns and styles, including a fair share of affordable housing, while preserving the special character of the Southeast Quadrant. Pursuant to Section 15.18 (B) of the South Burlington Land Development Regulations., Master Plans shall comply with the following standards and conditions: 1. §15.18(B)(1) Open space and development areas shall be located so as to maximize the aesthetic values of the property in keeping with the Comprehensive Plan goal of preserving and enhancing the open character, natural areas, and scenic views of the Quadrant, while allowing carefully planned development. As discussed above, in response to the criteria outlined in Sections15.18 (A)(4) and 15.18(A)(6) of the Land Development Regulations, the proposed Master Plan includes extensive open space and natural resource protection. The plan incorporates over 165 acres of dedicated open space, mainly in the central and easterly portions of the subject property. The surface area and location of this open space will be integral to protecting important natural resources, including wetlands, woodlands, and wildlife. The Spear Street — Allen Road Scenic View Protection Overlay District overlaps a large portion of the subject property. Sheet C-2.4 of the Master Plan depicts this scenic overlay district and indicates the maximum building height allowed within this scenic overlay district, as outlined in Section 10.03(F) of the Land Development Regulations. The proposed buildings conform to the height restrictions for the Spear Street --- Allen Road Scenic View Protection Overlay District. At the preliminary and final plat review stages of each of the three (3) phases, the maximum building height of each lot shall be indicated on the plans. 2. §15.18(B)(2) Building lots, streets and other structures shall be located in a manner that maximizes the protection of the open character, natural areas, and scenic views of the Quadrant identified in the Comprehensive Plan, while allowing carefully planned development at the overall base densities provided in these Regulations. The proposed buildings, building lots, streets, and other structures have been designed to create the open space areas discussed above, in response to Section 15.18(B)(1) of the Land Development Regulations. we 3. §15.18(B)(3) Existing natural resources on each site shall be protected through the development plan, including streams, wetlands, floodplains, wildlife habitat and corridors including those areas identified in the South Burlington Open Space Strategy, and special natural and/or geologic features such as mature forests, headwaters areas, and prominent ridges. The subject property has a major Class it wetland extending from the northerly to the southerly boundaries. The presence of this wetland was a major factor in the design of the proposed master plan. All of the proposed buildings and building envelopes avoid encroaching into this Class 11 wetland and its associated 50' wide buffer. The proposed roadway layout will result in encroachment into the westerly finger of the Class 11 wetland and its associated 50' wide buffer in two (2) locations. In addition, there are numerous Class III wetland and wetland buffer encroachments by buildings, building envelopes, and roadways. The wetland impacts of the proposed master plan are minimal relative to the surface area of wetlands on the subject property. The applicant's wetland consultant, Art Gilman, submitted a memorandum dated June 4, 2004, addressing the criteria in Section 12.02(E) of the Land Development Regulations. At the meeting on September 28, 2004, the Development Review Board invoked technical review of the original wetland delineations performed by Art Gilman. The City hired Pioneer Environmental to conduct the technical review. The determinations of Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated November 12, 2004. In addition to wetland constraints, there are significant wildlife habitat impact concerns on the subject property. The large swath of wetland area covering the property will serve as a significant open space corridor to facilitate wildlife habitat and movement. The large wooded area along the easterly property boundary, known as the "Great Swamp", has been identified as one of the most significant natural areas in South Burlington. Due to these wildlife concerns, the applicant has not proposed any buildings or building envelopes in this area, thus leaving the area intact. However, there is another wooded area to the west of the larger one referenced above, located in between the two (2) fingers of the large Class II wetland. This "ridge" area, by virtue of its location between the "Great Swamp" and five -acre residentially -zoned areas and associated woodland areas to the south in Shelburne, also contains features that make it suitable as wildlife habitat. The applicant has proposed 84 units in and adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west roadway connecting Spear Street to Midland Avenue is proposed to cross through the southerly portion of this wooded area. The applicant's certified wildlife biologist, Dave Capen, submitted a wildlife study dated June 2004, addressing the project's wildlife impacts. The City has identified housing, the connection of neighborhoods, and wildlife protection as three (3) major priorities in the development of South Burlington. There is a challenge in balancing these priorities, as they are all in conflict with regard to Phase 3 of the proposed Master Plan. The original plans had 111 units proposed in this area and staff suggested that the 65 units and lots that comprise the upper portion of Phase 3 should be displaced elsewhere within the project. This would preserve a vast majority of 111 the wooded area and protect the integrity and functionality of the open space and wildlife corridor in this area. The applicant moved all but three (3) of the lots out of the subject woodland area. Three (3) of the apartment buildings were displaced into the southern portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units. Staff feels that this revision to the original plans is an adequate compromise between preserving the wildlife habitat in the subject wooded area and providing housing. The South Burlington City Council and staff feel very strongly that the east -west roadway connecting the proposed project to Midland Avenue must be constructed. Dorset Farms was permitted with the explicit understanding that Midland Avenue would be connected to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a significant number of housing units in this area, and it is very important that they are connected from a safety, traffic management, and community planning perspective. 4. §15.18(B)(4) Consistent with (1) through (3) above, dedicated open spaces shall be designed and located to maximize the potential for combination with other open spaces on adjacent properties. The layout proposed through this Master Plan will create over 165 acres of dedicated open space, mainly in the central and easterly portions of the subject property. The location of this open space will create contiguous space corridors with the properties to the south and north of the subject property. 5. §15.18(B)(5) The conservation of existing agricultural production values on lands in the SEQ is encouraged through development planning that avoids impacts on prime agricultural soils as defined in the South Burlington Open Space Strategy and provides buffer areas between existing agricultural operations and new development, roads, and infrastructure. There are no existing agricultural operations on the subject property. However, the Master Plan includes a 35-acre community -supported farm, which will reinstate active agricultural operations into the area. 6. §15.18(B)(6) A plan for the proposed open spaces and/or natural areas shall be established by the applicant describing the intended use and maintenance of each area. Continuance of agricultural uses or enhancement of wildlife habitat values in such plans for use and maintenance is encouraged. The applicant submitted an open space management plan for the subject property. This document is entitled "South Village — South Burlington, Vermont — Community Land Management Plan", dated November 2004. In addition, the applicant submitted an ecological restoration and management program plan, dated December 17, 2004. Steve Apfelbaum, the author of the ecological restoration and management program plan, submitted a follow-up letter dated February 1, 2005. This letter responded to questions raised by members of the Development Review Board on January 4, 2005. 7. §15.18(B)(7) In the absence of a specific finding by the DRB that an alternative location and/or provision is approved for a specific development, the location of buildings, lots, streets and utilities shall conform with the location of planned public facilities as depicted on the Official Map, including but not limited to recreation paths, streets, park land, schools, and sewer and water facilities. The Proposed Master Plan is in compliance with the South Burlington Official Map, which was last revised on February 14, 2004. Other Applicable Criteria 1. § 9.08(B) In connection with approval of a PUD, the Development Review Board may allow development activities in addition to those authorized under Section 9.06(B) to occur in restricted areas or allow residential lots or portions of residential lots to be located in restricted areas provided the Development Review Board determines that such development activities are consistent with the intent and purpose of the Southeast Quadrant District. The subject property contains a number of "restricted areas". These "restricted areas" were established to protect land for one (1) of the following reasons: to facilitate planned roadways; to protect scenic views; or to protect wetland and other natural resources. The proposed Master Plan does have buildings and building lots within these "restricted areas". Phase 1, Phase 2, and Phase 3 all have development proposed in a "restricted area" designated to facilitate planned roadways. The applicant has proposed a roadway network through the property that connects Midland Avenue to Spear Street, in addition to providing a means of access to the property to the north. Thus, the `restricted areas". designed to facilitate planned roadways, as labeled on the "Southeast Quadrant Official Zoning Map", are no longer necessary. Phase 1 and Phase 2 have development proposed in a "restricted area" designated to protect scenic views. Most of this "restricted area" overlaps the Spear Street — Allen Road Scenic View Protection Overlay District. The applicant is following the building height requirements for the Spear Street — Allen Road Scenic View Protection Overlay District, as outlined in Section 10.03(F) of the Land Development Regulations. Thus, development in the "restricted area" that overlaps the Spear Street -- Allen Road Scenic View Protection Overlay District is warranted. In addition, the application is proposing development in the "restricted area" along Spear Street that is designated for a scenic view corridor. This development is consistent with the intent and purpose of the Southeast Quadrant Zoning District, as development in this "restricted area" allows the applicant to cluster more of the units towards the westerly portion of the property, away from the wetlands, wildlife habitat, and other natural resources that comprise the central and easterly portions of the property. Phase 3 of the proposed Master Plan has nine (9) proposed lots in a "restricted area" designated to protect natural resources. The applicant originally proposed approximately 65 units within a "restricted area" that the City has identified as a potentially important wildlife habitat corridor. Per the request of staff and the Development Review Board, the applicant removed most of these units, which significantly reduced the wildlife impacts of the proposed project. Thus, staff feels the wildlife imparts in this area have been minimized and the nine (9) lots proposed within 12 the restricted area are acceptable. Staff notes, however, that significant landscaping will be required in this area to further reduce the impacts of the proposed project. DECISION Based on the above Findings of Fact, the South Burlington Development Review Board approves Master Plan application #MP-04-01, of South Villages Communities, LLC, for 334 residential units, a 100-student school, and a 35-acre community -supported farm. Pursuant to §15.07(D)(1) of the Land Development Regulations, Master Plan Application #MP-04-01 is hereby approved with conditions. A. Decision with Respect to Master Plan Umbrella Criteria: The Development Review Board approves the following Master Plan "umbrella criteria" pursuant to §15.07(D)(3) of the Land Development Regulations: a. Overall density and number of residential dwelling units: A maximum number of 334 residential dwelling units are approved for a total density of 1.5 units/acre. The base density in the Southeast Quadrant of 1.2 units/acre yields a total of 269 units. The 25% density bonus for providing mixed -rate housing, as determined by Section 13.14 of the Land Development Regulations, accounts for the additional 65 units. b. Building and impervious coverage: A total building coverage of 5.5% and a total impervious coverage of 13.9% are approved for the master plan. These are overall limits for the entire South Village property subject to this approval. Within the individual development phases, as described and approved in this decision, these overall limits may be exceeded provided the applicable Southeast Quadrant zoning district limitations of fifteen percent (15%) for buildings and thirty percent (30%) overall are met. c. Location, layout, capacity and number of collector roadways: The collector roadway system is approved as shown on the Master Plan. d. Land development proposed in any area previously identified as permanent open space in the approved Master Plan application: All areas not approved as development areas in this Master Plan are to be utilized exclusively for open space use. e. Maximum number of vehicle trip ends: A maximum of 336 PM peak hour trip ends from all approved residential and non-residentiai uses is approved for the South Village property. B. Decision with Respect to Individual Development Areas — Proposed as Part of this Master Plan Application: a. Phase 1: Village Center: This phase of the Master Plan, as proposed through this application, is approved as a development area. 13 b. Phase 2: Fields Edge: This phase of the Master Plan, as proposed through this application, is approved as a development area. c. Phase 3: The Ridge: This phase of the Master Plan, as proposed through this application, is approved as a development area. CONDITIONS The Development Review Board finds and concludes that the following conditions are necessary for the Master Plan application to meet the City's requirements and standards for approval: 1. This approval shall be for 269 units of market -rate housing, and 65 units of affordable housing as defined in Article 2 of the South Burlington Land Development Regulations. In no case shall a zoning permit be issued for more than 269 units of market -rate housing. 2. Pursuant to Sections 15.07(D)(2) and 15.07(D)(4) of the Land Development Regulation, the Development Review Board requires each of the three (3) phases included in this Master Plan to obtain separate preliminary plat approval and final plat approval in accordance with Section 15.18 of the Land Development Regulations. 3. If the proposed 100-student school is not incorporated into Phase 1 of the Master Plan, it shall be subject to site plan approval, pursuant to Article 14 of the Land Development Regulations. 4. Any development on the agriculture component of this project that does not fall within the State of Vermont's exemption shall be subject to Site Plan review, pursuant to Article 14 of the Land Development Regulations. 5. The preliminary plat and/or final plat plans for each of the three (3) phases included in this Master Plan shall be reviewed by the South Burlington Fire Chief, the Superintendent of the South Burlington Water Department, the South Burlington Director of Public Works, and the South Burlington City Engineer. 6. Any application for amendment of the Master Plan or preliminary plat plan that deviates from the Master Plan in any one or more of the following respects shall be considered a new application for the property and shall require sketch plan review as well as approval of an amended Master Plan. - a) An increase in the approved building coverage or overall site coverage, or an increase in the number of residential dwelling units for the property subject to the Master Plan; b) A change in the location, layout, capacity or number of collector roadways on the property subject to the Master Plan; c) Land development proposed in any area previously identified as permanent open space in the approved Master Plan application,- 14 d) A change that will result in an increase in the number of P.M. peak hour vehicle trip ends projected for total buildout of the property subject to the Master Plan. 7. Pursuant to Section 15.07(D)(5) of the Land Development Regulations the following minor land development activities will not require Development Review Board approval and may be undertaken pursuant to issuance of a zoning permit: a) The addition of decks to dwelling units; b) The addition of porches to dwelling units; c) The enclosure of decks; d) The addition of accessory structures, pursuant to Section 3.10 of the Land Development Regulations; e) Other minor land development activities at the discretion of the Administrative Officer. 8. Pursuant to Section15.18 (B)(6) of the Land Development Regulations, the applicant shall submit a plan for the management and maintenance of the dedicated open spaces created through this Master Plan. The management and maintenance plans shall be submitted to and approved by the Director of Planning and Zoning, prior to final plat approval for Phase 1 of this Master Plan. Any issues on which the Director of Planning and Zoning seeks technical review shall be conducted at the applicant's expense. 9. The Master Plan shall be revised to show the following changes. Four (4) copies of the approved revised plat plans shall be submitted to the Administrative Officer prior to recording: a) The plans shall be revised to depict a maximum of 334 dwelling units. 10. All proposed public roadways in conjunction with this project shall be constructed with a minimum design speed of 25 mph. 11. The construction of the roadway identified as "L Street" on the plans last revised on December 23, 2004, shall begin at the time the zoning permit for the 185th market -rate unit is issued, and shall be substantially completed at the closing of the 205th market -rate unit or six (6) months, whichever is later. The amount of escrowed per unit shall be $8100 per market -rate unit. The escrows shall continue through the sale of the 205th market -rate unit. 12. Affordable and Workforce units shall be exempt from Escrows for the completion of Street "L". Thirty-three (33) of the "affordable" units (at or below 80% of median income) shall meet the City and state requirements as to perpetually affordable. 13. The applicant shall install signalization at the intersection of Spear Street and Allen Road within one (1) year of the issuance of the first zoning permit for a dwelling unit in Phase 1 (Village Center). The Director of Public Works shall review and approve all plans for signalization prior to construction. 14. The applicant shall construct southbound left -turn lane on Spear Street at the "Main Entrance" within one (1) year of the issuance of the first zoning permit for a dwelling unit 15 in Phase 1 (Village Center). The Director of Public Works shall review and approve all plans prior to construction. 15. The applicant shall construct the southbound left -turn lane on Spear Street at the "North Entrance" of the project, prior to issuance of the last zoning permit for a dwelling unit in Phase 2 (Fields Edge). The Director of Public Works shall review and approve all plans prior to construction. 16. The applicant shall construct southbound left -turn lane on Spear Street at the "South Entrance" of the project, prior to issuance of the first zoning permit for a dwelling unit in Phase 3 (The Ridge). The Director of Public Works shall review and approve all plans prior to construction. 17. The applicant shall contribute the sum of $20,000 to the City of South Burlington to be used solely for upgrades to the Spear Street/Swift Street intersection, and for traffic calming measures on Midland Avenue. The City Council shall have sole discretion to allocate these funds among the intersection upgrades and traffic calming measures. 18. The applicant shall have ninety (90) days from the date of this approval to execute a development agreement with the City Council, governing the timing and disposition of required payments and any required sureties for roadway, intersection, and infrastructure work. 19. The water infrastructure shall be constructed through to the existing infrastructure terminus in Dorset Farms at the onset of Phase 1 (Village Center). The Superintendent of the Water Department shall approve all specifications and plans for this infrastructure. 20. Phase 1 of the recreation path (as identified on sheet L-1 of the plans) shall be constructed prior to issuance of the last zoning permit for a dwelling unit in Phase 1 (Village Center). 21. Phase 2 of the recreation path (as identified on sheet L-1 of the plans) shall be constructed prior to the issuance of the last zoning permit for a dwelling unit in Phase 2 (Fields Edge). 22. The Recreation Path in Phase III (the Ridge Neighborhood) shall be constructed when foundations and building -related site work are substantially completed for the buildings on the southern -most lots in Phase III. Surety for completion of this portion of the Recreation Path (from Phase 1 terminus of "D" and °E° Streets and running southerly of the "Southern Connector" between Phase 1 and III to the eastern edge of Phase III, at which point the path runs concurrent with Street "L") shall be provided at the issuance of the zoning permit for the 185th market -rate unit. 23. Any temporary recreation paths, of any surface type which may be required by the City shall be shown on the preliminary and final plat plans and be accompanied by an agreement in which the City indemnifies the developer for liability in a form and manner acceptable to the developer. 16 24. The applicant shall hire a full-time on -site construction inspector, to be paid for by the applicant and approved by the Director of Public Works, prior to initiation of any improvements on the site. The construction inspector shall be present throughout the construction on these improvements. Any change to this condition shall require written approval of the City of South Burlington, signed by the City Manager and the Director of Planning and Zoning. 25. All sewage pumping stations shall remain private and shall be maintained by the homeowners association(s), unless otherwise determined by the Water Pollution Control Superintendent and the Director of the Public Works. 26. The following components of the Master Plan shall be reviewed at the preliminary plat and/or final plat stages of the individual phases: a) Street lighting details b) Street landscaping details c) Curb -cut locations and details d) Re-evaulation of traffic mitigation measures and implementation details 27. The Development Review Board approves the following roadway waivers from the Land Development Regulations: • Minimum pavement width for collector streets from 30' to: 20' at wetland crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one side and 20' at bulbouts; and 26' (with a 28' structural base under designated "collector routes" provided that adequate clearances are provided for large vehicle turning movements). • Minimum pavement width for local streets from 28' to: 20' at wetland crossings; 26' in sections with parking on one side; and 24' in sections with no striped parking (parking is prohibited along Section RD-50). • Minimum centerline radius of curves for collector streets from 500' to 300' (sections with 30 mph posted speed) or 180' (sections with 25 mph posted speed). • Minimum centerline radius of curves for local streets from 300' to 180'. • Minimum tangent length between curves for collector streets from 150' to 50'. • Minimum tangent length between curves for local streets from 100' to 50'. • Minimum distance between centerline offsets for local streets from 200' to the dimensions specified below: ➢ C Street to D Street along F Street - 145' ➢ G Street to C Street along F Street - 150' ➢ G Street to B Street along F Street - 145' ➢ Common Lane (south) to E Street along E Street - 60' 17 ➢ Common Lane (south) to E Street along D Street - 86' ➢ Common Lane (north) to A Street along C Street - 50' ➢ Common Lane (north) to A Street along B Street - 190' • Minimum vertical (stopping) sight distance from 300' to 150' for collector streets with a 25 mph posted speed. No waiver is requested for proposed street intersections at Spear Street. • Minimum vertical (stopping) sight distance from 200' to 150' for local streets with a 25 mph posted speed. • Minimum horizontal (corner) sight distance for collector streets from 500' to 280' on internal South Village intersections with collector roads (i.e. A Street, D Street, E Street); at minimum, stopping sight distance requirements should be met at all remaining intersections based on expected operating speeds of on -site traffic. No waiver is requested for proposed street intersections at Spear Street. • Minimum horizontal (corner) sight distance for local streets from 300' to 280' on internal South Village intersections with collector roads (i.e. A Street, D Street, E Street); at minimum, stopping sight distance requirerents should be met at all remaining intersections based on expected operating speeds of on -site traffic. 28. The Development Review Board approves the following waivers from the Southeast Quadrant dimensional standards, as outlined in the Land Development Regulations: • Single-family minimum lot size from 12,000 square feet to 3,600 square feet. • Single-family maximum building coverage from 15% to 42%. • Single-family maximum lot coverage from 30% to 61 %. • Single-family front yard setback from 20' to 10'. • Single-family rear yard setback from 30' to 10' (5' for rear lanes). • Multi -family maximum building coverage from 15% to 50%. • Multi -family maximum lot coverage from 30% to 65%. • Multi -family front yard setback from 20' to 10'. • Multi -family rear yard setback from 30' to 5'. 29. Any multi -family dwelling units (4 units and over) that the applicant does not include in the preliminary and final plat review of any of the three (3) phases of the Master Plan shall be subject to site plan approval, pursuant to Article 14 of the Land Development Regulations. 30. Any future requests for waivers will be reviewed in conjunction with the site -specific preliminary plat or final plat reviews for individual development areas. 31. Any changes to the final plat plans shall require approval of the Development Review Board. UHJ 32. The Master Plan (sheets S1.0 and S1.1) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Development Review Board Chair or Clerk prior to recording. Mark Behr — yea/nay/abstain of present Chuck Bolton —*enay/abstain/not present John Dinklage —ay/abstain/not present Roger Farley — /abstain/not present Larry Kupferman — ea ay/abstain/not present Gayle Quimby — e nay/abstain/not present Motion carried by a vote of Signed this '9�* day of2005, John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). 19 DEVELOPMENT REVIEW BOARD 16 AUGUST 2005 4. Review technical corrections of South Village Master Plan approval regarding timing for construction of Phase II recreation path: It was noted that the language relating to the timing of the rec path construction is not what the DRB had intended. A new decision will be drafted indicating building of the rec path at the end of each phase. Mr. Kupferman moved to amend the South Village Master Plan by changing condition #21 in accordance with Mark Hall's letter of 9 August 2005. Ms. Quimby seconded. Motion passed unanimously. 5. Public Hearing: Appeal #AO-05-02 of Wesco, Inc., appealing decision of Administrative Officer dated 7/8/05 relative to 1041 Shelburne Road: Mr. Simendinger gave members a letter relating to return of a preliminary and final plat PUD. Mr. Belair indicated he received a preliminary and final plat application from Wesco for redevelopment of the property at 1041 Shelburne Road. The original application came in incomplete and was returned to the applicant. It then came back complete. The City Attorney then advised Mr. Belair to return the application because there are 3 appeals pending on the property and these plans substantially differ from what is in court. The City Attorney said any decision by the Board would be "an advisory opinion" and the Board does not render such opinions. Mr. Belair noted that the letter Mr. Simendinger gave the Board indicated that the city had received a "zoning permit application" which it did not. Mr. Simendinger said he felt it is not right of a Zoning Administrator to return an application. He said the court has ruled he doesn't have authority to mail it back. Mr. Simendinger acknowledged that this application is different from what is under appeal in the Court. He felt that if it is different, the Board has to hear it. Members felt they would like to discuss this with the City Attorney. Mr. Kupferman moved to close the public hearing for Appeal #AO-05-02. Ms. Quimby seconded. Motion passed unanimously. 6. Continued sketch plan application #SD-05-52 of Allen Road Land Co., to amend a previously approved planned unit development consisting of four 2- family dwellings and one existing single family dwelling. The amendment consists of: 1) constructing a four story 33 unit multi -family dwelling, and 2) eliminating the four 2-family dwellings, 725 Hinesburg Road: -2- CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING SOUTH VILLAGE COMMUNITIES, LLC MASTER PLAN APPLICATION #MP-04-01 FINDINGS of FACT & DECISION South Village Communities, LLC.. hereafter referred to as the applicant, is seeking Master Plan approval pursuant to Section 15.07 of the South Burlington Land Development Regulations for a planned unit development consisting of: 1) a 334 residential unit traditional neighborhood design to include single-family, two-family, and multi -family dwelling units, 2) a 100-student educational facility, and 3) a 35-acre community -supported farm, 1840 Spear Street. Master Plan approval for this property is required by Section 15.07(B)(1) of the South Burlington Land Development Regulations as a prerequisite to the development of ten (10) or more residential units in the Southeast Quadrant Zoning District (SEQ). The Development Review Board held its final public hearing on the subject application on February 8, 2005 Based on testimony provided at the above mentioned public hearings and the plans and supporting materials in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS of FACT 1. This application consists of a Master Plan for a planned unit development consisting of 334 residential units, a 100-student educational facility, and a 35- acre community -supported farm, 1840 Spear Street. 2. The application is based upon a plan entitled "South Village — Master Plan Spear Street — South Burlington, Vermont". 3. The owner of record of the property is Paul Calkins. 4. The application was deemed complete pursuant to 15.07(3) of the Land Development Regulations. Master Plan Application The following information was relied upon in making this decision, pursuant to Section 15.07(C)(3) of the Land Development Regulations: a. An accurate Master Plan has been submitted. b. The title block is "South Village — South Burlington, Vermont — Spear Street and Allen Road." c. The plans were prepared by Civil Engineering Associates, Inc.; Looney Ricks Kiss; TND Engineering; LandWorks; and Applied Ecological Services, Inc. d. A list of abutters was provided with the application and the names of abutters are included on sheet C2.1 of the plans. e. The Master Plan application and the plans referenced in (b) above include the following information: i. The combined area of the property subject to the Master Plan is 224.18 acres. ii. The plan indicates that 58.3 acres (Phase 1: 25 acres; Phase 2: 18.2 acres; and Phase 3: 15.1 acres) are proposed for development and 165.88 acres are proposed for open space. iii. Public amenities and facilities indicated on the plans include pubiic streets, a public water system, a public sewer system; a public stormwater drainage system, and a public recreation path. iv. The maximum overall coverage proposed for the property is 13.9% (30% permitted). The maximum building coverage proposed for the entire property is 5.5% (15% permitted). v. The total number of residential dwelling units proposed by the applicant for the entire property is 334. This total includes the 269 units yielded through the base density in the Southeast Quadrant (1.2 units/acre), plus the 65 units yielded through the 25% density bonus for providing mixed -rate housing, pursuant to Section 13.14 of the Land Development Regulations. vi. The traffic study prepared by TND Engineering estimates a maximum PM peak hour VTE count of 336. vii. The sewer and water master plan is depicted on sheet C5.0 of the plans and has been reviewed by the City Engineer and the Superintendent of South Burlington Water Department. viii. The roadway and sidewalk details, including the proposed hierarchy system, are outlined on sheets T4.1 though T4.6 of the plans. The plans have been reviewed and by the Director of Public Works. ix. 'The existing conditions plans on sheet C2.1 of the plans depict 2' contour intervals. Other sheets depict 5' contour intervals, which are in compliance with this requirement. x. The boundary survey for the property is depicted on sheet 51.0 of the plans. xi. The proposed northerly and southerly street intersections have been staked in the field and have been designed to intersect existing driveways and/or undeveloped lots along the westerly side of Spear Street. xii. The roadway waivers that the applicant is requesting are as follows: • Minimum pavement width for collector streets from 30' to: 20' at wetland crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one side and 20' at bulbouts; and 26' (with a 28' structural base under designated "collector routes provided that adequate clearances are provided for large vehicle turning movements). 2 • Minimum pavement width for local streets from 28' to: 20' at wetland crossings; 26' with parking on one side; and 24' with no striped parking (parking is prohibited). • Minimum radius of curves for collector streets from 500' to 300' (30 mph) or 180' (25 mph). • Minimum radius of curves for local streets from 300' to 180'. • Minimum tangent length between curves for collector streets from 150' to 50'. • Minimum tangent length between curves for local streets from 100' to 50'. • Minimum distance between centerline offsets for local streets from 200' to those dimensions outlined below: A C Street to D Street along F Street - 145' G Street to C Street along F Street - 150' G Street to B Street along F Street - 145' r Common Lane (south) to E Street along E Street - 60' ➢ Common Lane (south) to E Street along D Street - 86' Common Lane (north) to A Street along A Street - 50' Common Lane (north) to A Street along B Street - 190' • Minimum vertical (stopping) sight distance from 300' to 150' for collector streets (25 mph posted speed). No waiver is requested for proposed street intersections at Spear Street. • Minimum vertical (stopping) sight distance from 200' to 150' for local streets (25 mph posted speed). • Minimum horizontal (corner) sight distance for collector streets from 500' to 280' on internal South Village intersections with collector roads (i.e. A Street, D Street, E Street), stopping sight distance requirements should be met at all remaining intersections based on expected operating speeds of on -site traffic. No waiver is requested for proposed street intersections at Spear Street • Minimum horizontal (corner) sight distance for local streets from 500' to 280' on internal South Village intersections with collector roads (i.e. A Street, D Street, E Street), stopping sight distance requirements should be met at all remaining intersections based on expected operating speeds of on -site traffic. xiii. The Southeast Quadrant dimensional standard waivers that the applicant is requesting are as follows: A Single-family minimum lot size from 12,000 square feet to 3,600 square feet. Single-family maximum building coverage from 15% to 42%. Single-family maximum lot coverage from 30% to 61 %. 3 • Single-family front yard setback from 20' to 10'. • Single-family rear yard setback from 30' to 10' (5' for rear lanes). • Multi -family maximum building coverage from 15% to 50%. • Multi -family maximum lot coverage from 30% to 65%. • Multi -family front yard setback from 20' to 10'. • Multi -family rear yard setback from 30' to 5'. b. Proposed Development Areas in the Master Plan Application The Master Plan application includes three (3) proposed development areas, as follows: Phase 1: Village Center 156 units and a 100-student school, southwesterly _ portion of propegy- __ Phase 2: Fields Edge _r units, northwesterly I portion ofproperty. rPhase 3: The Ridge 1 79 units, southeasterly _Lportion of the property. The maximum number of units allowed on this property is 334. The plans submitted depict a total of 335 units, so one (1) unit shall be deleted from Phase 3 of the Master Plan, for a total of 79 units. Pursuant to Section 15.18 A of the South Burlington Land Development Rees ulations, Master Plans shall coT.plywith the following standards and conditions: 1. §15.18(A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. The City does not currently have adequate water supply capacity to serve the proposed project, which is estimated to demand 115,000 gallons per day. However, the additional water supply storage that the City is in the process of constructing will be sufficient to supply the demand of the proposed project. The Bartlett Bay wastewater treatment facility currently has sufficient capacity to serve the proposed project, which is estimated to generate 72,000 gallons per day. The City Wastewater Ordinance has specific provisions to allow large-scale project to obtain wastewater allocation permits during the approvals of specific phases of a Master Plan. Thus, the applicant will obtain water allocation and wastewater allocation approval at each of the three (3) proposed phases of this project. In addition, the applicant will obtain State permits in conjunction with the approval of the three (3) phases of this project. 2. §15.18(A)(2) Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent 4 properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. Individual preliminary and final plat applications will be evaluated for conformance with this criterion and the provisions of Article 16 of the Land Development Regulations, Construction and Erosion Control. 3. §15.18(A)(3) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. The applicant submitted a traffic impact study prepared by TND Engineering, dated through December 22, 2004. The applicant also submitted a traffic impact study addendum, dated through December 22, 2004. Both of these documents were submitted to Fuss and O'Neil for technical review. John Dietrich, of Fuss and O'Neil, provided his finding on the proposed roadway design waivers in a memorandum dated February 7, 2005. The specific traffic management strategies to control access and circulation for the proposed project will be conditioned and implemented at each of the three (3) phases of this Master Plan. John Dietrich provided his finding on the proposed roadway design waivers in a memorandum dated February 4, 2005. The Director of Public Works has been extensively involved in the review of this Master Plan because of the significance of the public roadway waivers the applicant is requesting. His comments are outlined in two (2.) memorandums dated November 2.1, 2002 and September 7, 2004. 4. §15.18(A)(4) The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. The subject property has a major Class II wetland extending from the northerly to the southerly boundaries. The presence of this wetland was a major factor in the design of the proposed master plan. All of the proposed buildings and building envelopes avoid encroaching into this Class II wetland and its associated 50' wide buffer. The proposer roadway layout will result in encroachment into the westerly finger of the Class II wetland and its associated 50' wide buffer in two (2) locations. In addition, there are numerous Class III wetland and wetland buffer encroachments by buildings, building envelopes, and roadways. The wetland impacts of the proposed master plan are minimal relative to the surface area of wetlands on the subject property. The applicant's wetland consultant, Art Gilman, submitted a memorandum dated June 4, 2004, addressing the criteria in Section 12.02(E) of the Land Development Regulations. In addition to wetland constraints, there are significant wildlife habitat impact concerns on the subject property. The large swath of wetland area covering the property will serve as a significant open space corridor to facilitate wildlife habitat and movement The large wooded area along the easterly property boundary, known as the "Great Swamp has been identified as one of the most significant natural areas in South Burlington. Due to these wildlife concerns, the applicant has not proposed any buildings or building envelopes in this area. thus leaving the area intact. However, there is another wooded area to the west of the larger one referenced above. located in between the two (2) fingers of the large Class II wetland. This "ridge" area, by virtue of its location between the "Great Swamp" and five -acre residertially-zoned areas and associated woodland areas to the south in Shelburne, also contains features that make it suitable as wildlife habitat. The applicant has proposed 80 units in and adjacent to this wooded area making up Phase 3: The Ridge. In addition, the east -west roadway connecting Spear Street to Midland Avenue is proposed to cross through the southerly portion of this wooded area. The applicant's certified wildlife biologist, Dave Capen, submitted a wildlife study dated June 2004, addressing the project's wildlife impacts. The South Burlington Natural Resources Committee (NRC) reviewed the proposed Master Plan on July 8, 2004 and July 22, 2004. The NRC was provided with copies of the applicant's wetland consultant's memorandum referenced above and the applicant's wildlife study referenced above. In addition, the NRC visited the site with the applicant, the applicant's wetland consultant, the applicant's wildlife biologist, the applicant's civil engineer, and other applicable parties. The NRC's recommended approval of the proposed Master Plan with the following conditions: 1. eliminate the southeasterly pod (Phase 3: The Ridge) for wildlife habitat protection considerations; 2. phase in east -west roadway based on City need and/or project need; 3. if the east -west road is constructed, the NRC recommends: a. wildlife -friendly design features b. wetland protection features 4. locate bike paths and pedestrian paths in a manner that minimizes wetland impacts; 5. if wetland experts disagree on the delineation at the DRB meeting, the NRC recommends that the DRB invoke technical review; 6. no pesticide application; 7. no mowing in wetlands and/or their buffers, 8. disturbance of wetland vegetation should be limited to remediation activities; 9. no planting non-native species in wetlands or their buffers. At the meeting on September 28, 2004, the Development Review Board invoked technical review of the original wetland delineations performed by Art Gilman. The City hired Pioneer Environmental to conduct the technical review. The determinations of Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated November 12, 2004. 6 The City has identified housing, the connection of neighborhoods, and wildlife protection as three (3) major priorities in the development of South Burlington. There is a challenge in balancing these priorities, as they are in conflict with regard to Phase 3 of the proposed Master Plan. The original plans had 111 units proposed in this area and staff suggested that the 65 units and lots that comprise the upper portion of Phase 3 should be displaced elsewhere within the project. This would preserve a vast majority of the wooded area and protect the integrity and functionality of the open space and wildlife corridor in this area. The applicant moved all but three (3) of the lots out of the subject woodland area. Three (3) of the apartment buildings were displaced into the southern portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units. Staff feels that this revision to the original plans is an adequate compromise between preserving the wildlife habitat in the subject wooded area and providing housing. The South Burlington City Council and staff feel very strongly that the east -west roadway connecting the proposed project to Midland Avenue must be constructed. Dorset Farms was permitted with the explicit understanding that Midland Avenue would be connected to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a significant number of housing units in this area, and it is very important that they are connected from a safety, traffic management, and community planning perspective. 5. §15.18(A)(5) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. Pursuant to Section 9 01 of the Land Development Regulations, the Southeast Quadrant District (SEQ) is hereby formed in order to encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued agricultural use, and well planned residential use in the largely undeveloped area of the City known as the Southeast Quadrant. The open character and scenic views offered in this area have long been recognized as very special and unique resources in the City and worthy of protection. The location and clustering of buildings and lots in a manner that in the judgment of the Development Review Board will best preserve the open space character of this area shall be encouraged. The proposed Master Plan is visually compatible with the planned development patterns of the Southeast Quadrant. The buildings, building lots, and roads are clustered and concentrated towards the westerly portion of the property, creating significant open space areas in the central and easterly portions of the subject property. The more than 165 acres of open space preserved through this Master Plan will maintain the open character of the area and will protect wetlands, woodlands, and wildlife habitat. By eliminating the proposed units in the upper portion of Phase 3, the applicant has increased the protection of wildlife habitat functions and natural resource on the property. The proposed Master Plan complies with the building height requirements for the Spear Street — Allen Road Scenic View Protection Overlay District, as outlined in Section 10.03(F) of the Land Development Regulations. A total of 35 acres of the land within this scenic overlay district will be devoted to a community -supported farm. 6. §15.18(A)(6) ®pen space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The layout proposed through this Master Plan will preserve over 165 acres of dedicated open space, mainly in the central and easterly portions of the subject property. The location of this open space will create contiguous open space corridors with the properties to the south and north of the subject property. 7. §15.18(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval including, but not be limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. The South Burlington Fire Chief reviewed the master plan to assess the proposed roadway layout. His comments are included in a memorandum dated September 2, 2004. The Fire Chief will review the location of hydrants and other details related to fire protection within each of the three (3) phases during the preliminary and final plat review of each phase. 8. §15.18(A)(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. The general layout of the roads, recreation paths, and utilities is adequate to facilitate the extension of such services to adjacent properties. 9. §15.18(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. The overall road layout and hierarchy system are adequate and have been approved by the Director of Public Works and the Fire Chief. The overall recreation path layout was reviewed by the South Burlington Recreation Path Committee and comments were provided in memorandums from Tom Hubbard, the Director of the South Burlington Recreation Department, dated November 2, 2004 and December 10, 2004. The landscaping and utility details will be reviewed during the subsequent preliminary and final plat stages of the individual phases. 10. §15.18(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). 8 The proposed Master Plan is consistent with the following objectives for the Southeast Quadrant, as outline in Chapter 8(G) of the South Burlington Comprehensive Plan: a. Preserve and enhance the open character, natural resources, and scenic views of the Southeast Quadrant, while allowing carefully planned development. b. Maintain a rate, location, intensity, and timing of future development in the Southeast Quadrant that is in accord with the physical characteristics of the land and the availability of municipal services and facilities, and which is consistent with the City's population growth objectives and land use recommendations. c. Promote a variety of residential patterns and styles, including a fair ahare of affordable housing, while preserving the special character of the Southeast Quadrant. Pursuant to Section 15.18 (B) of the South Burlington Land Development Regulations, Master Plans shall comply -with the following standards and conditions: 1. §15.18(B)(1) Open space and development areas shall be located so as to maximize the aesthetic values of the property in keeping with the Comprehensive Plan goal of preserving .and enhancing the open character, natural areas, and scenic views of the Quadrant, while allowing carefully planned development. As discussed above, in response to the criteria outlined in Sections15.18 (A)(4) and 15.18(A)(6) of the Land Development Regulations, the proposed Master Plan includes extensive open space and natural resource protection. The plan incorporates over 165 acres of dedicated open space, mainly in the central and easterly portions of the subject property. The surface area and location of this open space will be integral to protecting important natural resources, including wetlands; woodlands, and wildlife. The Spear Street — Allen Road Scenic View Protection Overlay District overlaps a large portion of the subject property. Sheet C-2.4 of the Master Plan depicts this scenic overlay district and indicates the maximum building height allowed within this scenic overlay district, as outlined in Section 10.03(F) of the Land Development Regulations. The proposed buildings conform to the height restrictions for the Spear Street — Allen Road Scenic View Protection Overlay District. At the preliminary and final plat review stages of each of the three (3) phases, the maximum building height of each lot shall be indicated on the plans. 2. §15.18(B)(2) Building lots, streets and other structures shall be located in a manner that maximizes the protection of the open character, natural areas, and scenic views of the Quadrant identified in the Comprehensive Plan, while allowing carefully planned development at the overall base densities provided in these Regulations. The proposed buildings, building lots, streets, and other structures have been designed to create the open space areas discussed above, in response to Section 15.18(B)(1) of the Land Development Regulations. 3. §15.18(B)(3) Existing natural resources on each site shall be protected through the development plan, including streams, wetlands, floodplains, wildlife habitat and corridors including those areas identified in the South Burlington Open Space Strategy, and special natural and/or geologic features such as mature forests, headwaters areas, and prominent ridges. The subject property has a major Class II wetland extending from the northerly to the southerly boundaries. The presence of this wetland was a major factor in the design of the proposed master plan. All of the proposed buildings and building envelopes avoid encroaching into this Class II wetland and its associated 50' wide buffer. The proposed roadway layout will result in encroachment into the westerly finger of the Class II wetiand and its associated 50' wide buffer in two (2) locations. In addition, there are numerous Class III wetland and wetland buffer encroachments by buildings, building envelopes, and roadways. The wetland impacts of the proposed master plan are minimal relative to the surface area of wetlands on the subject property. The applicant's wetland consultant, Art Gilman, submitted a memorandum dated June 4, 2004, addressing the criteria in Section 12.02(E) of the Land Development Regulations. At the meeting on September 28, 2004, the Development Review Board invoked technical review of the original wetland delineations performed by Art Gilman. The City hired Pioneer Environmental to conduct the technical review. The determinations of Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated November 12, 2004. In addition to wetland constraints, there are significant wildlife habitat impact concerns on the subject property. The large swath of wetland area covering the property will serve as a significant open space corridor to facilitate wildlife habitat and movement. The large wooded area along the easterly property boundary, known as the "Great Swamp", has been identified as one of the most significant natural areas in South Burlington. Due to these wildlife concerns, the applicant has not proposed any buildings or building envelopes in this area, thus leaving the area intact. However, there is another wooded area to the west of the larger one referenced above, located in between the two (2) fingers of the large Class II wetland. This `'ridge" area, by virtue of its location between the "Great Swamp" and five -acre residentially -zoned areas and associated woodland areas to the south in Shelburne, also contains features that make it suitable as wildlife habitat. The applicant has proposed 84 units in and adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west roadway connecting Spear Street to Midland Avenue is proposed to cross through the southerly portion of this wooded area. The applicant's certified wildlife biologist, Dave Capen, submitted a wildlife study dated June 2004, addressing the project's wildlife impacts. The City has identified housing, the connection of neighborhoods, and wildlife protection as three (3) major priorities in the development of South Burlington. There is a challenge in balancing these priorities, as they are all in conflict with regard to Phase 3 of the proposed Master Plan. The original plans had 111 units proposed in this area and staff suggested that the 65 units and lots that comprise the upper portion of Phase 3 should be displaced elsewhere within the project. This would preserve a vast majority of the wooded area and protect the integrity and functionality of the open space and wildlife corridor in this area. The applicant moved all but three (3) of the lots out of the subject woodland area. Three (3) of the apartment buildings were displaced into the southern portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units. Staff feels that this revision to the original plans is an adequate compromise between preserving the wildlife habitat in the subject wooded area and providing housing The South Burlington City Council and staff feel very strongly that the east -west roadway connecting the proposed project to Midland Avenue must be constructed. Dorset Farms was permitted with the explicit understanding that Midland Avenue would be connected to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a significant number of housing units in this area, and it is very important that they are connected from a safety, traffic management, and community planning perspective. 4. §15.18(B)(4) Consistent with (1) through (3) above, dedicated open spaces shall be designed and located to maximize the potential for combination with other open spaces on adjacent properties. The layout proposed through this Master Plan will create over 165 acres of dedicated open space, mainly in the central and easterly portions of the subject property. The location of this open space will create contiguous space corridors with the properties to the south and north of the subject property. 5. §15.18(B)(5) The conservation of existing agricultural production values on lands in the SEQ is encouraged through development planning that avoids impacts on prime agricultural soils as defined in the South Burlington ®pen Space Strategy and provides buffer areas between existing agricultural operations and new development, roads, and infrastructure. There are no existing agricultural operations on the subject property. However, the Master Plan includes a 35-acre community -supported farm, which will reinstate active agricultural operations into the area. 6. §15.18(B)(6) A plan for the proposed open spaces and/or natural areas shall be established by the applicant describing the intended use and maintenance of each area. Continuance of agricultural uses or enhancement of wildlife habitat values in such plans for use and maintenance is encouraged. The applicant submitted an open space management plan for the subject property. This document is entitled "South Village — South Burlington, Vermont — Community Land Management Plan", dated November 2004. In addition, the applicant submitted an ecological restoration and management program plan, dated December 17, 2004. Steve Apfelbaum, the author of the ecological restoration and management program plan, submitted a follow-up letter dated February 1, 2005. This letter responded to questions raised by members of the Development Review Board on January 4, 2005. 7. §15.18(B)(7) In the absence of a specific finding by the DRB that an alternative location and/or provision is approved for a specific development, the location of buildings, lots, streets and utilities shall conform with the location of planned public facilities as depicted on the Official Map, including but not limited to recreation paths, streets, park land, schools, and sewer and water facilities. The Proposed Master Plan is in compliance with the South Burlington Official Map, which was last revised on February 14, 2004. Other Applicable Criteria 1. § 9.08(B) In connection with approval of a PUD, the Development Review Board may allow development activities in addition to those authorized under Section 9.06(B) to occur in restricted areas or allow residential lots or portions of residential lots to be located in restricted areas provided the Development Review Board determines that such development activities are consistent with the intent and purpose of the Southeast Quadrant District. The subject property contains a number of "restricted areas'. These "restricted areas" were established to protect land for one (1) of the following reasons: to facilitate planned roadways; to protect scenic views; or to protect wetland and other natural resources. The proposed Master Plan does have buildings and building lots within these "restricted areas'. Phase 1, Phase 2, and Phase 3 all have development proposed in a "restricted area" designated to facilitate planned roadways. The applicant has proposed a roadway network through the property that connects Midland Avenue to Spear Street, in addition to providing a means of access to the property to the north. Thus, the "restricted areas`, designed to facilitate planned roadways, as labeled on the "Southeast Quadrant Official Zoning Map", are no longer necessary. Phase 1 and Phase 2 have development proposed in a "restricted area" designated to protect scenic views. Most of this "restricted area" overlaps the Spear Street — Allen Road Scenic View Protection Overlay District. The applicant is following the building height requirements for the Spear Street — Allen Road Scenic View Protection Overlay District, as outlined in Section 10.03(F) of the Land Development Regulations. Thus, development in the "restricted area" that: overlaps the Spear Street .- Alen Road Scenic View Protection Overlay District is warranted, in addition, the application is proposing development in the "restricted area" along Spear Street that is designated for a scenic view corridor. This development is consistent with the intent and purpose of the Southeast Quadrant Zoning District, as development in this "restricted area" allows the applicant to cluster more of the units towards the westerly portion of the property, away from the wetlands, wildlife habitat, and other natural resources that comprise the central and easterly portions of the property. Phase 3 of the proposed Master Plan has nine (9) proposed lots in a "restricted area" designated to protect natural resources The applicant originally proposed approximately 65 units within a "restricted area" that the City has identified as a potentially important wildlife habitat corridor. Per the request of staff and the Development Review Board, the applicant removed most of these units, which significantly reduced the wildlife impacts of the proposed project. Thus, staff feels the wildlife impacts in this area have been minimized and the nine (9) lots proposed within I the restricted area are acceptable. Staff notes, however, that significant landscaping will be required in this area to further reduce the impacts of the proposed project. DECISION Based on the above Findings of Fact, the South Burlington Development Review Board approves Master Plan application #MP-04-01, of South Villages Communities, LLC, for 334 residential units, a 100-student school, and a 35-acre community -supported farm. Pursuant to §15.07(D)(1) of the Land Development Regulations, Master Plan Application #MP-04-01 is hereby approved with conditions. A. Decision with Respect to Master Plan Umbrella Criteria: The Development Review Board approves the following Master Plan `umbrella criteria" pursuant to §15.07(D)(3) of the Land Development Regulations - a. Overall density and number of residential dwelling units: A maximum number of 334 residential dwelling units are approved for a total density of 1.5 units/acre. The base density in the Southeast Quadrant of 1.2 units/acre yields a total of 269 units. The 25% density bonus for providing mixed -rate housing, as determined by Section 13.14 of the Land Development Regulations, accounts for the additional 65 units. b. Building and impervious coverage: A total building coverage of 5.5% and a total impervious coverage of 13.9% are approved for the master plan. These are overall limits for the entire South Village property subject to this approval. Within the individual development phases, as described and approved in this decision, these overall limits may be exceeded provided the applicable Southeast Quadrant zoning district limitations of fifteen percent (15%) for buildings and thirty percent (30%) overall are met. c. Location, layout, capacity and number of collector roadways: The collector roadway system is approved as shown on the Master Plan. d. Land development proposed in any area previously identified as permanent open space in the approved Master Plan application: All areas not approved as development areas in this Master Plan are to be utilized exclusively for open space use. e. Maximum number of vehicle trip ends: A maximum of 336 PM peak hour trip ends from all approved residential and non-residential uses is approved for the South Village property. B. Decision with Respect to Individual Development Areas — Proposed as Part of this Master Plan Application: a. Phase 1: Village Center: This phase of the Master Plan, as proposed through this application, is approved as a development area. 13 b. Phase 2: Fields Edge: This phase of the Master Plan, as proposed through this application, is approved as a development area. c. Phase 3: The Ridge: This phase of the Master Plan, as proposed through this application, is approved as a development area. CONDITIONS The Development Review Board finds and concludes that the following conditions are necessary for the Master Plan application to meet the City's requirements and standards for approval: 1. This approval shall be for 269 units of market -rate housing, and 65 units of affordable housing as defined in Article 2 of the South Burlington Land Development Regulations. In no case shall a zoning permit be issued for more than 269 units of market -rate housing. 2. Pursuant to Sections 15.07(D)(2) and 15.07(D)(4) of the Land Development Regulation, the Development Review Board requires each of the three (3) phases included in this Master Plan to obtain separate preliminary plat approval and final plat approval in accordance with Section 15.18 of the Land Development Regulations. 3. If the proposed 100-student school is not incorporated into Phase 1 of the Master Plan, it shall be subject to site plan approval, pursuant to Article 14 of the Land Development Regulations. 4. Any development on the agriculture component of this project that does not fall within the State of Vermont's exemption shall be subject to Site Plan review, pursuant to Article 14 of the Land Development Regulations. 5. The preliminary plat and/or final plat plans for each of the three (3) phases included in this Master Plan shall be reviewed by the South Burlington Fire Chief, the Superintendent of the South Burlington Water Department, the South Burlington Director of Public Works, and the South Burlington City Engineer. 6. Any application for amendment of the Master Plan or preliminary plat plan that deviates from the Master Plan in any one or more of the following respects shall be considered a new application for the property and shall require sketch plan review as well as approval of an amended Master Plan: a) An increase in the approved building coverage or overall site coverage, or an increase in the number of residential dwelling units for the property subject to the Master Plan, b) A change in the location, layout, capacity or number of collector roadways on the property subject to the Master Plan, c) Land development proposed in any area previously identified as permanent open space in the approved Master Plan application; 14 d) A change that will result in an increase in the number of P.M. peak hour vehicle trip ends projected for total buildout of the property subject to the Master Plan. 7. Pursuant to Section 15.07(D)(5) of the Land Development Regulations the following minor land development activities will not require Development Review Board approval and may be undertaken pursuant to issuance of a zoning permit: a) The addition of decks to dwelling units; b) The addition of porches to dwelling units; c) The enclosure of decks; d) The addition of accessory structures, pursuant to Section 3.10 of the Land Development Regulations; e) Other minor land development activities at the discretion of the Administrative Officer. 8. Pursuant to Section15.18 (B)(6) of the Land Development Regulations, the applicant shall submit a plan for the management and maintenance of the dedicated open spaces created through this Master Plan. The management and maintenance plans shall be submitted to and approved by the Director of Planning and Zoning, prior to final plat approval for Phase 1 of this Master Plan. Any issues on which the Director of Planning and Zoning seeks technical review shall be conducted at the applicant's expense. 9. The Master Plan shall be revised to show the following changes. Four' (4) copies of the approved revised plat plans shall be submitted to the Administrative Officer prior to recording: a) The plans shall be revised to depict a maximum of 334 dwelling units. 10. All proposed public roadways in conjunction with this project shall be constructed with a minimum design speed of 25 mph. 11. The construction of the roadway identified as "L Street" on the plans last revised on December 23, 2004, shall begin at the time the zoning permit for the 185th market -rate unit is issued, and shall be substantially completed at the closing of the 205`" market -rate unit or six (6) months, whichever is later. The amount of escrowed per unit shall be $8100 per market -rate unit. The escrows shall continue through the sale of the 205"' market -rate unit. 12. Affordable and Workforce units shall be exempt from Escrows for the completion of Street "L". Thirty-three (33) of the "affordable" units (at or below 80% of median income) shall meet the City and state requirements as to perpetually affordable. 13. The applicant shall install signalization at the intersection of Spear Street and Allen Road within one (1) year of the issuance of the first zoning permit for a dwelling unit in Phase 1 (Village Center). The Director of Public Works shall review and approve all plans for signalization prior to construction. 14. The applicant shall construct southbound left -turn lane on Spear Street at the "Main Entrance" within one (1) year of the issuance of the first zoning permit for a dwelling unit 15 in Phase 1 (Village Center). The Director of Public Works shall review and approve ail plans prior to construction. 15. The applicant shall construct the southbound left -turn lane on Spear Street at the "North Entrance" of the project, prior to issuance of the last zoning permit for a dwelling unit in Phase 2 (Fields Edge). The Director of Public Works shall review and approve all plans prior to construction. 16. The applicant shall construct southbound left -turn lane on Spear Street at the "South Entrance" of the project, prior to issuance of the first zoning permit for a dwelling unit in Phase 3 (The Ridge). The Director of Public Works shall review and approve all plans prior to construction. 17. The applicant shall contribute the sum of $20,000 to the City of South Burlington to be used solely for upgrades to the Spear Street/Swift Street intersection, and for traffic calming measures on Midland Avenue. The City Council shall have sole discretion to allocate these funds among the intersection upgrades and traffic calming measures. 18. The applicant shall have ninety (90) days from the date of this approval to execute a development agreement with the City Council, governing the timing and disposition of required payments and any required sureties for roadway, intersection, and infrastructure work. 19. The water infrastructure shall be constructed through to the existing infrastructure terminus in Dorset Farms at the onset of Phase 1 (Village Center). The Superintendent of the Water Department shall approve all specifications and plans for this infrastructure. 20. Phase 1 of the recreation path (as identified on sheet L-1 of the plans) shall be constructed prior to issuance of the last zoning permit for a dwelling unit in Phase 1 (Village Center). 21. Phase 2 of the recreation path (as identified or) sheet L-1 of the plans) shall be constructed prior to the issuance of the first zoning permit for a dwelling unit is Phase 2 (Fields Edge). 22, The Recreation Path in Phase III (the Ridge Neighborhood) shall be constructed when foundations and building -related site work are substantially completed for the buildings on the southern -most lots in Phase III. Surety for completion of this portion of the Recreation Path (from Phase 1 terminus of °D" and °E" Streets and running southerly of the "Southern Connector" between Phase 1 and III to the eastern edge of Phase III, at which point the path runs concurrent with Street "L") shall be provided at the issuance of the zoning permit for the 185th market -rate unit. 23. Any temporary recreation paths, of any surface type which may be required by the City shall be shown on the preliminary and final plat plans and be accompanied by an agreement in which the City indemnifies the developer for liability in a form and manner acceptable to the developer. 16 24. The applicant shall hire a full-time on -site construction inspector, to be paid for by the applicant and approved by the Director of Public Works, prior to initiation of any improvements on the site. The construction inspector shall be present throughout the construction on these improvements. Any change to this condition shall require written approval of the City of South Burlington, signed by the City Manager and the Director of Planning and Zoning. 25. All sewage pumping stations shall remain private and shall be maintained by the homeowners association(s). unless otherwise determined by the Water Pollution Control Superintendent and the Director of the Public Works. 26. The following components of the Master Plan shall be reviewed at the preliminary plat and/or final plat stages of the individual phases: a) Street lighting details b) Street landscaping details c) Curb -cut locations and details d) Re-evaulation of traffic mitigation measures and implementation details 27. The Development Review Board approves the following roadway waivers from the Land Development Regulations: Minimum pavement width for collector streets from 30' to: 20' at wetland crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one side and 20' at bulbouts; and 26' (with a 28' structural base under designated "collector routes" provided that adequate clearances are provided for large vehicle turning movements). • Minimum pavement width for local streets from 28' to: 20' at wetland crossings,- 26' in sections with parking on one side; and 24' in sections with no striped parking (parking is prohibited along Section RD-50). Minimum centerline radius of curves for collector streets from 500' to 300' (sections with 30 mph posted speed) or 180' (sections with 25 mph posted speed). Minimum centerline radius of curves for local streets from 300' to 180'. • Minimum tangent length between curves for collector streets from 150' to 50'. • Minimum tangent length between curves for local streets from 100' to 50'. Minimum distance between centerline offsets for local streets from 200' to the dimensions specified below ➢ C Street to D Street along F Street - 145' G Street to C Street along F Street - 150' ➢ G Street to B Street along F Street - 145' ➢ Common Lane (south) to E Street along E Street - 60' 17 Common Lane (south) to E Street along D Street - 86' r Common Lane (north) to A Street along C Street - 50' ➢ Common Lane (north) to A Street along B Street - 190' • Minimum vertical (stopping) sight distance from 300' to 150' for collector streets with a 25 mph posted speed. No waiver is requested for proposed street intersections at Spear Street. • Minimum vertical (stopping) sight distance from 200' to 150' for local streets with a 25 mph posted speed. • Minimum horizontal (corner) sight distance for collector streets from 500' to 280' on internal South Village intersections with collector roads (i.e. A Street, D Street, E Street); at minimum, stopping sight distance requirements should be met at all remaining intersections based on expected operating speeds of on -site traffic. No waiver is requested for proposed street intersections at Spear Street. • Minimum horizontal (corner) sight distance for local streets from 300' to 280' on internal South Village intersections with collector roads (i.e. A Street, D Street, E Street); at minimum, stopping sight distance requirements should be met at all remaining intersections based on expected operating speeds of on -site traffic. 28. The Development Review Board approves the following waivers from the Southeast Quadrant dimensional standards, as outlined in the Land Development Regulations: • Single-family minimum lot size from 12,000 square feet to 3,600 square feet. • Single-family maximum building coverage from 15% to 42%. • Single-family maximum lot coverage from 30% to 61 %. • Single-family front yard setback from 20' to 10'. • Single-family rear yard setback from 30' to 10' (5' for rear lanes). • Multi -family maximum building coverage from 15% to 50%. • Multi -family maximum lot coverage from 30% to 65%. • Multi -family front yard setback from 20' to 10'. • Multi -family rear yard setback from 30' to 5'. 29. Any multi -family dwelling units (4 units and over) that the applicant does not include in the preliminary and final plat review of any of the three (3) phases of the Master Plan shall be subject to site plan approval, pursuant to Article 14 of the Land Development Regulations. 30. Any future requests for waivers will be reviewed in conjunction with the site -specific preliminary plat or final plat reviews for individual development areas. 31. Any changes to the final plat plans shall require approval of the Development Review Board. 18 32. The Master Plan (sheets S1.0 and S1.1) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Development Review Board Chair or Clerk prior to recording. Mark Behr -(ye Chuck Bolton -C John Dinklage Roger Farley - Larry Kupfermar Gayle Quimby - y/abstain/not present (nay/abstain/not present �/nay/abstain/not present ray/abstain/not present 0-a-y/abstain/not /nay/abstain/not present present Motion carried by a vote of CD- d- U Signed this day of July 2005, by John Dinklage, thair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). Post -it® Fax Note 7671 Date ' # of pages From Co. Phone # 19 DEVELOPMENT REVIEW BOARD 19 JULY 2005 The South Burlington Development Review Board held a regular meeting on Tuesday, 19 July 2005, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: J. Dinklage, Chair; L.Kupferman, M. Behr, C. Bolton, G. Quimby, R. Farley Also Present: R. Belair, Administrative Officer; C. LaRose, Associate Planner; D. Scheuer, D. Marshall, M. Hall, D. Wetzel, J. Benson, Jr., L. Bresee, D. Henson, P. Smichenko, C. Snyder, B. Ploof, P. O'Leary, M. Kupersmith, L. Ravin, J. Schulman, R. Goss, K. Gordin, 1. Other Business: Mr. Belair reported that the City Council has reappointed 3 members: Mr. Kupferman and Ms. Quimby for 3 year terms and Mr. Farley for a 4 year term. Mr. Belair also advised that Item #2 has been withdrawn from the Agenda. 2. Public Hearing: Reconsideration of Master Plan Application #MP-04-01 of South Village Communities, LLC, for a planned unit development consisting of. 1) a 334 unit traditional neighborhood design to include single family, two family, and multi- family dwellings, 2) a 100 student educational facility, and 3) a community building to support a 35 acre farm, 1840 Spear Street: Mr. Marshall said they had been asked to look at phasing for the Rec Path. He said the applicant supports staff s position. Mr. Dinklage briefly reviewed the stipulations regarding the Rec Path and noted the city is not requiring any temporary paths. Ms. Quimby moved to approve Master Plan Application #MP-04-01 of South Village Communities subject to the stipulations in the draft motion. Mr. Bolton seconded. Motion passed unanimously. - 1 - CITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING SOUTH VILLAGE COMMUNITIES, LLC MASTER PLAN APPLICATION #MP-04-01 FINDINGS of FACT & DECISION South Village Communities, LLC, hereafter referred to as the applicant, is seeking Master Plan approval pursuant to Section 15.07 of the South Burlington Land Development Regulations for a planned unit development consisting of: 1) a 334 residential unit traditional neighborhood design to include single-family, two-family, and multi -family dwelling units, 2) a 100-student educational facility, and 3) a 35-acre community -supported farm, 1840 Spear Street. Master Plan approval for this property is required by Section 15.07(B)(1) of the South Burlington Land Development Regulations as a prerequisite to the development of ten (10) or more residential units in the Southeast Quadrant Zoning District (SEQ). The Development Review Board held its final public hearing on the subject application on February 8, 2005. Based on testimony provided at the above mentioned public hearings and the plans and supporting materials in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS of FACT 1. This application consists of a Master Plan for a planned unit development consisting of 334 residential units; a 100-student educational facility, and a 35- acre community -supported farm, 1840 Spear Street. 2. The application is based upon a plan entitled "South Village — Master Plan — Spear Street — South Burlington, Vermont". 3. The owner of record of the property is Paul Calkins. 4. The application was deemed complete pursuant to 15.07(3) of the Land Development Regulations. Master Plan Application The following information was relied upon in making this decision pursuant to Section 15.07(C)(3) of the Land Development Regulations. - a. An accurate Master Plan has been submitted. b. The title block is "South Village — South Burlington, Vermont — Spear Street and Allen Road." c. The plans were prepared by Civil Engineering Associates, Inc.; Looney Ricks Kiss; TND Engineering; LandWorks; and Applied Ecological Services, Inc. d. A list of abutters was provided with the application and the names of abutters are included on sheet C2.1 of the plans. e. The Master Plan application and the plans referenced in (b) above include the following information: i. The combined area of the property subject to the Master Plan is 224.18 acres. ii. The plan indicates that 58.3 acres (Phase 1: 25 acres; Phase 2: 18.2 acres; and Phase 3: 15.1 acres) are proposed for development and 165.88 acres are proposed for open space. iii. Public amenities and facilities indicated on the plans include public streets, a public water system, a public sewer system; a public stormwater drainage system, and a public recreation path. iv. The maximum overall coverage proposed for the property is 13.9% (30% permitted). The maximum building coverage proposed for the entire property is 5.5% (15% permitted). v. The total number of residential dwelling units proposed by the applicant for the entire property is 334. This total includes the 269 units yielded through the base density in the Southeast Quadrant (1.2 units/acre), plus the 65 units yielded through the 25% density bonus for providing mixed -rate housing, pursuant to Section 13.14 of the Land Development Regulations. vi. The traffic study prepared by TND Engineering estimates a maximum PM peak hour VTE count of 336. vii. The sewer and water master plan is depicted on sheet C5.0 of the plans and has been reviewed by the City Engineer and the Superintendent of South Burlington Water Department. viii. The roadway and sidewalk details, including the proposed hierarchy system, are outlined on sheets T4.1 though T4.6 of the plans. The plans have been reviewed and by the Director of Public Works. ix. The existing conditions plans on sheet C2.1 of the plans depict 2' contour intervals. Other sheets depict 5' contour intervals, which are in compliance with this requirement. x. The boundary survey for the property is depicted on sheet S1.0 of the plans. xi. The proposed northerly and southerly street intersections have been staked in the field and have been designed to intersect existing driveways and/or undeveloped lots along the westerly side of Spear Street. xii. The roadway waivers that the applicant is requesting are as follows: • Minimum pavement width for collector streets from 30' to: 20' at wetland crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one side and 20' at bulbouts; and 26' (with a 28' structural base under designated "collector routes provided that adequate clearances are provided for large vehicle turning movements). 2 • Minimum pavement width for local streets from 28' to: 20' at wetland crossings; 26' with parking on one side; and 24' with no striped parking (parking is prohibited). • Minimum radius of curves for collector streets from 500' to 300' (30 mph) or 180' (25 mph). • Minimum radius of curves for local streets from 300' to 180'. • Minimum tangent length between curves for collector streets from 150' to 50'. • Minimum tangent length between curves for local streets from 100' to 50'. • Minimum distance between centerline offsets for local streets from 200' to those dimensions outlined below: Y C Street to D Street along F Street - 145' ➢ G Street to C Street along F Street - 150' G Street to B Street along F Street - 145' Common Lane (south) to E Street along E Street - 60' Common Lane (south) to E Street along D Street - 86' Y Common Lane (north) to A Street along A Street - 50' Common Lane (north) to A Street along B Street - 190' • Minimum vertical (stopping) sight distance from 300' to 150' for collector streets (25 mph posted speed). No waiver is requested for proposed street intersections at Spear Street. • Minimum vertical (stopping) sight distance from 200' to 150' for local streets (25 mph posted speed). • Minimum horizontal (corner) sight distance for collector streets from 500' to 280' on internal South Village intersections with collector roads (i.e. A Street, D Street, E Street), stopping sight distance requirements should be met at all remaining intersections based on expected operating speeds of on -site traffic. No waiver is requested for proposed street intersections at Spear Street • Minimum horizontal (comer) sight distance for local streets from 500' to 280' on internal South Village intersections with collector roads (i.e. A Street, D Street, E Street), stopping sight distance requirements should be met at all remaining intersections based on expected operating speeds of on -site traffic. xiii. The Southeast Quadrant dimensional standard waivers that the applicant is requesting are as follows: • A Single-family minimum lot size from 12,000 square feet to 3,600 square feet. • Single-family maximum building coverage from 15% to 42%. • Single-family maximum lot coverage from 30% to 61 %. • Single-family front yard setback from 20' to 10'. • Single-family rear yard setback from 30' to 10' (5' for rear lanes). • Multi -family maximum building coverage from 15% to 50%. • Multi -family maximum lot coverage from 30% to 65%. • Multi -family front yard setback from 20' to 10'. • Multi -family rear yard setback from 30' to 5'. b. Proposed Development Areas in the Master Plan Application The Master Plan application includes three (3) proposed development areas, as follows: Phase 1: Village Center 156 units and a 100-student school, southwesterly portion of property. Phase 2: Fields Edge 99 units, northwesterly portion of property. Phase 3: The Ridge 79 units, southeasterly portion of the property. The maximum number of units allowed on this property is 334. The plans submitted depict a total of 335 units, so one (1) unit shall be deleted from Phase 3 of the Master Plan, for a total of 79 units. Pursuant to Section 15.18 (A) of the South Burlington Land Development Regulations Master Plans shall comply with the following standards and conditions.- 1. §15.18(A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. The City does not currently have adequate water supply capacity to serve the proposed project, which is estimated to demand 115,000 gallons per day. However, the additional water supply storage that the City is in the process of constructing will be sufficient to supply the demand of the proposed project. The Bartlett Bay wastewater treatment facility currently has sufficient capacity to serve the proposed project, which is estimated to generate 72,000 gallons per day. The City Wastewater Ordinance has specific provisions to allow large-scale project to obtain wastewater allocation permits during the approvals of specific phases of a Master Plan. Thus, the applicant will obtain water allocation and wastewater allocation approval at each of the three (3) proposed phases of this project. In addition, the applicant will obtain State permits in conjunction with the approval of the three (3) phases of this project. 2. §15.18(A)(2) Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent 4 properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. Individual preliminary and final plat applications will be evaluated for conformance with this criterion and the provisions of Article 16 of the Land Development Regulations, Construction and Erosion Control. 3. §15.18(A)(3) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. The applicant submitted a traffic impact study prepared by TND Engineering, dated through December 22, 2004. The applicant also submitted a traffic impact study addendum, dated through December 22, 2004. Both of these documents were submitted to Fuss and O'Neil for technical review. John Dietrich, of Fuss and O'Neil, provided his finding on the proposed roadway design waivers in a memorandum dated February 7, 2005. The specific traffic management strategies to control access and circulation for the proposed project will be conditioned and implemented at each of the three (3) phases of this Master Plan. John Dietrich provided his finding on the proposed roadway design waivers in a memorandum dated February 4, 2005. The Director of Public Works has been extensively involved in the review of this Master Plan because of the significance of the public roadway waivers the applicant is requesting. His comments are outlined in two (2) memorandums dated November21, 2002 and September 7, 2004. 4. §15.18(A)(4) The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. The subject property has a major Class II wetland extending from the northerly to the southerly boundaries. The presence of this wetland was a major factor in the design of the proposed master plan. All of the proposed buildings and building envelopes avoid encroaching into this Class II wetland and its associated 50' wide buffer. The proposed roadway layout will result in encroachment into the westerly finger of the Class II wetland and its associated 50' wide buffer in two (2) locations. In addition, there are numerous Class III wetland and wetland buffer encroachments by buildings, building envelopes, and roadways. The wetland impacts of the proposed master plan are minimal relative to the surface area of wetlands on the subject property. The applicant's wetland consultant, Art Gilman, submitted a memorandum dated June 4, 2004, addressing the criteria in Section 12.02(E) of the Land Development Regulations. 5 In addition to wetland constraints, there are significant wildlife habitat impact concerns on the subject property. The large swath of wetland area covering the property will serve as a significant open space corridor to facilitate wildlife habitat and movement. The large wooded area along the easterly property boundary, known as the "Great Swamp", has been identified as one of the most significant natural areas in South Burlington. Due to these wildlife concerns, the applicant has not proposed any buildings or building envelopes in this area, thus leaving the area intact. However, there is another wooded area to the west of the larger one referenced above, located in between the two (2) fingers of the large Class II wetland. This "ridge" area, by virtue of its location between the "Great Swamp" and five -acre residentially -zoned areas and associated woodland areas to the south in Shelburne, also contains features that make it suitable as wildlife habitat. The applicant has proposed 80 units in and adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west roadway connecting Spear Street to Midland Avenue is proposed to cross through the southerly portion of this wooded area. The applicant's certified wildlife biologist, Dave Capen, submitted a wildlife study dated June 2004, addressing the project's wildlife impacts. The South Burlington Natural Resources Committee (NRC) reviewed the proposed Master Plan on July 8, 2004 and July 22, 2004. The NRC was provided with copies of the applicant's wetland consultant's memorandum referenced above and the applicant's wildlife study referenced above. In addition, the NRC visited the site with the applicant, the applicant's wetland consultant, the applicant's wildlife biologist, the applicant's civil engineer, and other applicable parties. The NRC's recommended approval of the proposed Master Plan with the following conditions: 1. eliminate the southeasterly pod (Phase 3: The Ridge) for wildlife habitat protection considerations; 2. phase in east -west roadway based on City need and/or project need; 3. if the east -west road is constructed, the NRC recommends: a. wildlife -friendly design features b. wetland protection features 4. locate bike paths and pedestrian paths in a manner that minimizes wetland impacts; 5. if wetland experts disagree on the delineation at the DRB meeting, the NRC recommends that the DRB invoke technical review; 6. no pesticide application; 7. no mowing in wetlands and/or their buffers; 8. disturbance of wetland vegetation should be limited to remediation activities; 9. no planting non-native species in wetlands or their buffers. At the meeting on September 28, 2004, the Development Review Board invoked technical review of the original wetland delineations performed by Art Gilman. The City hired Pioneer Environmental to conduct the technical review. The determinations of Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated November 12, 2004. The City has identified housing, the connection of neighborhoods, and wildlife protection as three (3) major priorities in the development of South Burlington. There is a challenge in balancing these priorities, as they are in conflict with regard to Phase 3 of the proposed Master Plan. The original plans had 111 units proposed in this area and staff suggested that the 65 units and lots that comprise the upper portion of Phase 3 should be displaced elsewhere within the project. This would preserve a vast majority of the wooded area and protect the integrity and functionality of the open space and wildlife corridor in this area. The applicant moved all but three (3) of the lots out of the subject woodland area. Three (3) of the apartment buildings were displaced into the southern portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units. Staff feels that this revision to the original plans is an adequate compromise between preserving the wildlife habitat in the subject wooded area and providing housing. The South Burlington City Council and staff feel very strongly that the east -west roadway connecting the proposed project to Midland Avenue must be constructed. Dorset Farms was permitted with the explicit understanding that Midland Avenue would be connected to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a significant number of housing units in this area, and it is very important that they are connected from a safety, traffic management, and community planning perspective. 5. §15.18(A)(5) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. Pursuant to Section 9.01 of the Land Development Regulations, the Southeast Quadrant District (SEQ) is hereby formed in order to encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued agricultural use, and well planned residential use in the largely undeveloped area of the City known as the Southeast Quadrant. The open character and scenic views offered in this area have long been recognized as very special and unique resources in the City and worthy of protection. The location and clustering of buildings and lots in a manner that in the judgment of the Development Review Board will best preserve the open space character of this area shall be encouraged. The proposed Master Plan is visually compatible with the planned development patterns of the Southeast Quadrant. The buildings, building lots, and roads are clustered and concentrated towards the westerly portion of the property, creating significant open space areas in the central and easterly portions of the subject property. The more than 165 acres of open space preserved through this Master Plan will maintain the open character of the area and will protect wetlands, woodlands, and wildlife habitat. By eliminating the proposed units in the upper portion of Phase 3, the applicant has increased the protection of wildlife habitat functions and natural resource on the property. The proposed Master Plan complies with the building height requirements for the Spear Street — Allen Road Scenic View Protection Overlay District, as outlined in Section 10.03(F) of the Land Development Regulations. A total of 35 acres of the land within this scenic overlay district will be devoted to a community -supported farm. 6. §15.18(A)(6) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The layout proposed through this Master Plan will preserve over 165 acres of dedicated open space, mainly in the central and easterly portions of the subject property. The location of this open space will create contiguous open space corridors with the properties to the south and north of the subject property. 7. §15.18(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval including, but not be limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. The South Burlington Fire Chief reviewed the master plan to assess the proposed roadway layout. His comments are included in a memorandum dated September 2, 2004. The Fire Chief will review the location of hydrants and other details related to fire protection within each of the three (3) phases during the preliminary and final plat review of each phase. 8. §15.18(A)(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. The general layout of the roads, recreation paths, and utilities is adequate to facilitate the extension of such services to adjacent properties. 9. §15.18(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. The overall road layout and hierarchy system are adequate and have been approved by the Director of Public Works and the Fire Chief. The overall recreation path layout was reviewed by the South Burlington Recreation Path Committee and comments were provided in memorandums from Tom Hubbard, the Director of the South Burlington Recreation Department, dated November 2, 2004 and December 10, 2004. The landscaping and utility details will be reviewed during the subsequent preliminary and final plat stages of the individual phases. 10. §15.18(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed Master Plan is consistent with the following objectives for the Southeast Quadrant, as outline in Chapter 8(G) of the South Burlington Comprehensive Plan: a. Preserve and enhance the open character, natural resources, and scenic views of the Southeast Quadrant, while allowing carefully planned development. b. Maintain a rate, location, intensity, and timing of future development in the Southeast Quadrant that is in accord with the physical characteristics of the land and the availability of municipal services and facilities, and which is consistent with the City's population growth objectives and land use recommendations. c. Promote a variety of residential patterns and styles, including a fair share of affordable housing, while preserving the special character of the Southeast Quadrant. Pursuant to Section 15.18 (B) of the South Burlington Land Development Regulations Master Plans shall comply with the following standards and conditions: 1. §15.18(B)(1) Open space and development areas shall be located so as to maximize the aesthetic values of the property in keeping with the Comprehensive Plan goal of preserving and enhancing the open character, natural areas, and scenic views of the Quadrant, while allowing carefully planned development. As discussed above, in response to the criteria outlined in Sections15.18 (A)(4) and 15.18(A)(6) of the Land Development Regulations, the proposed Master Plan includes extensive open space and natural resource protection. The plan incorporates over 165 acres of dedicated open space, mainly in the central and easterly portions of the subject property. The surface area and location of this open space will be integral to protecting important natural resources, including wetlands, woodlands, and wildlife. The Spear Street — Allen Road Scenic View Protection Overlay District overlaps a large portion of the subject property. Sheet C-2.4 of the Master Plan depicts this scenic overlay district and indicates the maximum building height allowed within this scenic overlay district, as outlined in Section 10.03(F) of the Land Development Regulations. The proposed buildings conform to the height restrictions for the Spear Street — Allen Road Scenic View Protection Overlay District. At the preliminary and final plat review stages of each of the three (3) phases, the maximum building height of each lot shall be indicated on the plans. 2. §15.18(B)(2) Building lots, streets and other structures shall be located in a manner that maximizes the protection of the open character, natural areas, and scenic views of the Quadrant identified in the Comprehensive Plan, while allowing carefully planned development at the overall base densities provided in these Regulations. The proposed buildings, building lots, streets, and other structures have been designed to create the open space areas discussed above, in response to Section 15.18(B)(1) of the Land Development Regulations. N 3. §15.18(B)(3) Existing natural resources on each site shall be protected through the development plan, including streams, wetlands, floodplains, wildlife habitat and corridors including those areas identified in the South Burlington Open Space Strategy, and special natural and/or geologic features such as mature forests, headwaters areas, and prominent ridges. The subject property has a major Class II wetland extending from the northerly to the southerly boundaries. The presence of this wetland was a major factor in the design of the proposed master plan. All of the proposed buildings and building envelopes avoid encroaching into this Class II wetland and its associated 50' wide buffer. The proposed roadway layout will result in encroachment into the westerly finger of the Class II wetland and its associated 50' wide buffer in two (2) locations. In addition, there are numerous Class III wetland and wetland buffer encroachments by buildings, building envelopes, and roadways. The wetland impacts of the proposed master plan are minimal relative to the surface area of wetlands on the subject property. The applicant's wetland consultant, Art Gilman, submitted a memorandum dated June 4, 2004, addressing the criteria in Section 12.02(E) of the Land Development Regulations. At the meeting on September 28, 2004, the Development Review Board invoked technical review of the original wetland delineations performed by Art Gilman. The City hired Pioneer Environmental to conduct the technical review. The determinations of Pioneer Environmental are outlined in a memorandum from Shelley Gustafson, dated November 12, 2004. In addition to wetland constraints, there are significant wildlife habitat impact concerns on the subject property. The large swath of wetland area covering the property will serve as a significant open space corridor to facilitate wildlife habitat and movement. The large wooded area along the easterly property boundary, known as the "Great Swamp", has been identified as one of the most significant natural areas in South Burlington. Due to these wildlife concerns, the applicant has not proposed any buildings or building envelopes in this area, thus leaving the area intact. However, there is another wooded area to the west of the larger one referenced above, located in between the two (2) fingers of the large Class II wetland. This "ridge" area, by virtue of its location between the "Great Swamp" and five -acre residentially -zoned areas and associated woodland areas to the south in Shelburne, also contains features that make it suitable as wildlife habitat. The applicant has proposed 84 units in and adjacent to this wooded area, making up Phase 3: The Ridge. In addition, the east -west roadway connecting Spear Street to Midland Avenue is proposed to cross through the southerly portion of this wooded area. The applicant's certified wildlife biologist, Dave Capen, submitted a wildlife study dated June 2004, addressing the project's wildlife impacts. The City has identified housing, the connection of neighborhoods, and wildlife protection as three (3) major priorities in the development of South Burlington. There is a challenge in balancing these priorities, as they are all in conflict with regard to Phase 3 of the proposed Master Plan. The original plans had 111 units proposed in this area and staff suggested that the 65 units and lots that comprise the upper portion of Phase 3 should be displaced elsewhere within the project. This would preserve a vast majority of 10 the wooded area and protect the integrity and functionality of the open space and wildlife corridor in this area. The applicant moved all but three (3) of the lots out of the subject woodland area. Three (3) of the apartment buildings were displaced into the southern portion of the Phase 3 development pod, so the pod was able to retain a total of 80 units. Staff feels that this revision to the original plans is an adequate compromise between preserving the wildlife habitat in the subject wooded area and providing housing. The South Burlington City Council and staff feel very strongly that the east -west roadway connecting the proposed project to Midland Avenue must be constructed. Dorset Farms was permitted with the explicit understanding that Midland Avenue would be connected to Allen Road. In addition, the proposed project coupled with Dorset Farms will create a significant number of housing units in this area, and it is very important that they are connected from a safety, traffic management, and community planning perspective. 4. §15.18(B)(4) Consistent with (1) through (3) above, dedicated open spaces shall be designed and located to maximize the potential for combination with other open spaces on adjacent properties. The layout proposed through this Master Plan will create over 165 acres of dedicated open space, mainly in the central and easterly portions of the subject property. The location of this open space will create contiguous space corridors with the properties to the south and north of the subject property. 5. §15.18(B)(5) The conservation of existing agricultural production values on lands in the SEQ is encouraged through development planning that avoids impacts on prime agricultural soils as defined in the South Burlington Open Space Strategy and provides buffer areas between existing agricultural operations and new development, roads, and infrastructure. There are no existing agricultural operations on the subject property. However, the Master Plan includes a 35-acre community -supported farm, which will reinstate active agricultural operations into the area. 6. §15.18(B)(6) A plan for the proposed open spaces and/or natural areas shall be established by the applicant describing the intended use and maintenance of each area. Continuance of agricultural uses or enhancement of wildlife habitat values in such plans for use and maintenance is encouraged. The applicant submitted an open space management plan for the subject property. This document is entitled "South Village — South Burlington, Vermont — Community Land Management Plan", dated November 2004. In addition, the applicant submitted an ecological restoration and management program plan, dated December 17, 2004. Steve Apfelbaum, the author of the ecological restoration and management program plan, submitted a follow-up letter dated February 1, 2005. This letter responded to questions raised by members of the Development Review Board on January 4, 2005. 7. §15.18(B)(7) In the absence of a specific finding by the DRB that an alternative location and/or provision is approved for a specific development, the location of buildings, lots, streets and utilities shall conform with the location of planned 11 public facilities as depicted on the Official Map, including but not limited to recreation paths, streets, park land, schools, and sewer and water facilities. The Proposed Master Plan is in compliance with the South Burlington Official Map, which was last revised on February 14, 2004. Other Aoolicable Criteria 1. § 9.08(B) In connection with approval of a PUD, the Development Review Board may allow development activities in addition to those authorized under Section 9.06(B) to occur in restricted areas or allow residential lots or portions of residential lots to be located in restricted areas provided the Development Review Board determines that such development activities are consistent with the intent and purpose of the Southeast Quadrant District. The subject property contains a number of "restricted areas". These "restricted areas" were established to protect land for one (1) of the following reasons: to facilitate planned roadways; to protect scenic views; or to protect wetland and other natural resources. The proposed Master Plan does have buildings and building lots within these "restricted areas". Phase 1, Phase 2, and Phase 3 all have development proposed in a "restricted area" designated to facilitate planned roadways. The applicant has proposed a roadway network through the property that connects Midland Avenue to Spear Street, in addition to providing a means of access to the property to the north. Thus, the "restricted areas", designed to facilitate planned roadways, as labeled on the "Southeast Quadrant Official Zoning Map", are no longer necessary. Phase 1 and Phase 2 have development proposed in a "restricted area" designated to protect scenic views. Most of this "restricted area" overlaps the Spear Street — Allen Road Scenic View Protection Overlay District. The applicant is following the building height requirements for the Spear Street — Allen Road Scenic View Protection Overlay District, as outlined in Section 10.03(F) of the Land Development Regulations. Thus, development in the "restricted area" that overlaps the Spear Street — Allen Road Scenic View Protection Overlay District is warranted. In addition, the application is proposing development in the "restricted area" along Spear Street that is designated for a scenic view corridor. This development is consistent with the intent and purpose of the Southeast Quadrant Zoning District, as development in this "restricted area" allows the applicant to cluster more of the units towards the westerly portion of the property, away from the wetlands, wildlife habitat, and other natural resources that comprise the central and easterly portions of the property. Phase 3 of the proposed Master Plan has nine (9) proposed lots in a "restricted area" designated to protect natural resources. The applicant originally proposed approximately 65 units within a "restricted area" that the City has identified as a potentially important wildlife habitat corridor. Per the request of staff and the Development Review Board, the applicant removed most of these units, which significantly reduced the wildlife impacts of the proposed project. Thus, staff feels the wildlife impacts in this area have been minimized and the nine (9) lots proposed within 12 the restricted area are acceptable. Staff notes, however, that significant landscaping will be required in this area to further reduce the impacts of the proposed project. DECISION Based on the above Findings of Fact, the South Burlington Development Review Board approves Master Plan application #MP-04-01, of South Villages Communities, LLC, for 334 residential units, a 100-student school, and a 35-acre community -supported farm. Pursuant to §15.07(D)(1) of the Land Development Regulations, Master Plan Application #MP-04-01 is hereby approved with conditions. A. Decision with Respect to Master Plan Umbrella Criteria: The Development Review Board approves the following Master Plan "umbrella criteria" pursuant to §15.07(D)(3) of the Land Development Regulations: a. Overall density and number of residential dwelling units: A maximum number of 334 residential dwelling units are approved for a total density of 1.5 units/acre. The base density in the Southeast Quadrant of 1.2 units/acre yields a total of 269 units. The 25% density bonus for providing mixed -rate housing, as determined by Section 13.14 of the Land Development Regulations, accounts for the additional 65 units. b. Building and impervious coverage: A total building coverage of 5.5% and a total impervious coverage of 13.9% are approved for the master plan. These are overall limits for the entire South Village property subject to this approval. Within the individual development phases, as described and approved in this decision, these overall limits may be exceeded provided the applicable Southeast Quadrant zoning district limitations of fifteen percent (15%) for buildings and thirty percent (30%) overall are met. c. Location, layout, capacity and number of collector roadways: The collector roadway system is approved as shown on the Master Plan. d. Land development proposed in any area previously identified as permanent open space in the approved Master Plan application: All areas not approved as development areas in this Master Plan are to be utilized exclusively for open space use. e. Maximum number of vehicle trip ends: A maximum of 336 PM peak hour trip ends from all approved residential and non-residential uses is approved for the South Village property. B. Decision with Respect to Individual Development Areas — Proposed as Part of this Master Plan Application: a. Phase 1: Village Center: This phase of the Master Plan, as proposed through this application, is approved as a development area. li b. Phase 2: Fields Edge: This phase of the Master Plan, as proposed through this application, is approved as a development area. c. Phase 3: The Ridge: This phase of the Master Plan, as proposed through this application, is approved as a development area. CONDITIONS The Development Review Board finds and concludes that the following conditions are necessary for the Master Plan application to meet the City's requirements and standards for approval: 1. This approval shall be for 269 units of market -rate housing, and 65 units of affordable housing as defined in Article 2 of the South Burlington Land Development Regulations. In no case shall a zoning permit be issued for more than 269 units of market -rate housing. 2. Pursuant to Sections 15.07(D)(2) and 15.07(D)(4) of the Land Development Regulation, the Development Review Board requires each of the three (3) phases included in this Master Plan to obtain separate preliminary plat approval and final plat approval in accordance with Section 15.18 of the Land Development Regulations. 3. If the proposed 100-student school is not incorporated into Phase 1 of the Master Plan, it shall be subject to site plan approval, pursuant to Article 14 of the Land Development Regulations. 4. Any development on the agriculture component of this project that does not fall within the State of Vermont's exemption shall be subject to Site Plan review, pursuant to Article 14 of the Land Development Regulations. 5. The preliminary plat and/or final plat plans for each of the three (3) phases included in this Master Plan shall be reviewed by the South Burlington Fire Chief, the Superintendent of the South Burlington Water Department, the South Burlington Director of Public Works, and the South Burlington City Engineer. 6. Any application for amendment of the Master Plan or preliminary plat plan that deviates from the Master Plan in any one or more of the following respects shall be considered a new application for the property and shall require sketch plan review as well as approval of an amended Master Plan: a) An increase in the approved building coverage or overall site coverage, or an increase in the number of residential dwelling units for the property subject to the Master Plan; b) A change in the location, layout, capacity or number of collector roadways on the property subject to the Master Plan; c) Land development proposed in any area previously identified as permanent open space in the approved Master Plan application; 14 d) A change that will result in an increase in the number of P.M. peak hour vehicle trip ends projected for total buildout of the property subject to the Master Plan. 7. Pursuant to Section 15.07(D)(5) of the Land Development Regulations the following minor land development activities will not require Development Review Board approval and may be undertaken pursuant to issuance of a zoning permit: a) The addition of decks to dwelling units; b) The addition of porches to dwelling units; c) The enclosure of decks; d) The addition of accessory structures, pursuant to Section 3.10 of the Land Development Regulations; e) Other minor land development activities at the discretion of the Administrative Officer. 8. Pursuant to Section15.18 (B)(6) of the Land Development Regulations, the applicant shall submit a plan for the management and maintenance of the dedicated open spaces created through this Master Plan. The management and maintenance plans shall be submitted to and approved by the Director of Planning and Zoning, prior to final plat approval for Phase 1 of this Master Plan. Any issues on which the Director of Planning and Zoning seeks technical review shall be conducted at the applicant's expense. 9. The Master Plan shall be revised to show the following changes. Four (4) copies of the approved revised plat plans shall be submitted to the Administrative Officer prior to recording: a) The plans shall be revised to depict a maximum of 334 dwelling units. 10. All proposed public roadways in conjunction with this project shall be constructed with a minimum design speed of 25 mph. 11. The roadway identified as "L Street" on the plans last revised on December 23, 2004 shall be constructed, and open for traffic, through to the existing roadway terminus at Midland Avenue prior to issuance of the zoning permit for the 206`h unit in this project. 12. The applicant shall install signalization at the intersection of Spear Street and Allen Road within one (1) year of the issuance of the first zoning permit for a dwelling unit in Phase 1 (Village Center). The Director of Public Works shall review and approve all plans for signalization prior to construction. 13. The applicant shall construct southbound left -turn lane on Spear Street at the "Main Entrance" within one (1) year of the issuance of the first zoning permit for a dwelling unit in Phase 1 (Village Center). The Director of Public Works shall review and approve all plans prior to construction. 14. The applicant shall construct the southbound left -turn lane on Spear Street at the "South Entrance" of the project, prior to issuance of the last zoning permit for a dwelling unit in Phase 2 (Fields Edge). The Director of Public Works shall review and approve all plans prior to construction. 15 15. The applicant shall construct southbound left -turn lane on Spear Street at the "North Entrance" of the project, prior to issuance of the first zoning permit for a dwelling unit in Phase 3 (The Ridge). The Director of Public Works shall review and approve all plans prior to construction. 16. The applicant shall contribute the sum of $20,000 to the City of South Burlington to be used solely for upgrades to the Spear Street/Swift Street intersection, and for traffic calming measures on Midland Avenue. The City Council shall have sole discretion to allocate these funds among the intersection upgrades and traffic calming measures. 17. The applicant shall have ninety (90) days from the date of this approval to execute a development agreement with the City Council, governing the timing and disposition of required payments and any required sureties for roadway, intersection, and infrastructure work. 18. The water infrastructure and wastewater infrastructure shall be constructed through to the existing infrastructure terminus in Dorset Farms at the onset of Phase 1 (Village Center). The Director of Public Works and Superintendent of the Water Department shall approve all specifications and plans for this infrastructure. 19. Phase 1 of the recreation path (as identified on sheet L-1 of the plans) shall be constructed prior to issuance of the last zoning permit for a dwelling unit in Phase 1 (Village Center). 20. Phase 2 of the recreation path (as identified on sheet L-1 of the plans) shall be constructed prior to the issuance of the first zoning permit for a dwelling unit is Phase 2 (Fields Edge). 21. Phase 3 of the recreation path (as identified on sheet L-1 of the plans) shall be constructed prior to the issuance of the zoning permit for the 2061h unit in this project. 22. The applicant shall hire a full-time on -site construction inspector, to be paid for by the applicant and approved by the Director of Public Works, prior to initiation of any improvements on the site. The construction inspector shall be present throughout the construction on these improvements. Any change to this condition shall require written approval of the City of South Burlington, signed by the City Manager and the Director of Planning and Zoning. 23. All sewage pumping stations shall remain private and shall be maintained by the homeowners association(s), unless otherwise determined by the Water Pollution Control Superintendent and the Director of the Public Works. 24. The following components of the Master Plan shall be reviewed at the preliminary plat and/or final plat stages of the individual phases: a) Street lighting details b) Street landscaping details c) Curb -cut locations and details HU d) Re-evaulation of traffic mitigation measures and implementation details 25. The Development Review Board approves the following roadway waivers from the Land Development Regulations: • Minimum pavement width for collector streets from 30' to: 20' at wetland crossings; 28' (2-14' lanes) for A Street (Section BV-66); 28' with parking on one side and 20' at bulbouts; and 26' (with a 28' structural base under designated "collector routes" provided that adequate clearances are provided for large vehicle turning movements). • Minimum pavement width for local streets from 28' to: 20' at wetland crossings; 26' in sections with parking on one side; and 24' in sections with no striped parking (parking is prohibited along Section RD-50). • Minimum centerline radius of curves for collector streets from 500' to 300' (sections with 30 mph posted speed) or 180' (sections with 25 mph posted speed). • Minimum centerline radius of curves for local streets from 300' to 180'. • Minimum tangent length between curves for collector streets from 150' to 50'. • Minimum tangent length between curves for local streets from 100' to 50'. • Minimum distance between centerline offsets for local streets from 200' to the dimensions specified below: %- C Street to D Street along F Street - 145' G Street to C Street along F Street - 150' G Street to B Street along F Street - 145' r Common Lane (south) to E Street along E Street - 60' ➢ Common Lane (south) to E Street along D Street - 86' ➢ Common Lane (north) to A Street along C Street - 50' ➢ Common Lane (north) to A Street along B Street - 190' • Minimum vertical (stopping) sight distance from 300' to 150' for collector streets with a 25 mph posted speed. No waiver is requested for proposed street intersections at Spear Street. • Minimum vertical (stopping) sight distance from 200' to 150' for local streets with a 25 mph posted speed. • Minimum horizontal (comer) sight distance for collector streets from 500' to 280' on internal South Village intersections with collector roads (i.e. A Street, D Street, E Street); at minimum, stopping sight distance requirements should be met at all remaining intersections based on expected operating speeds of on -site traffic. No waiver is requested for proposed street intersections at Spear Street. 17 • Minimum horizontal (comer) sight distance for local streets from 300' to 280' on internal South Village intersections with collector roads (i.e. A Street, D Street, E Street); at minimum, stopping sight distance requirements should be met at all remaining intersections based on expected operating speeds of on -site traffic. 26. The Development Review Board approves the following waivers from the Southeast Quadrant dimensional standards, as outlined in the Land Development Regulations. - Single -family minimum lot size from 12,000 square feet to 3,600 square feet. • Single-family maximum building coverage from 15% to 42%. • Single-family maximum lot coverage from 30% to 61 %. • Single-family front yard setback from 20' to 10'. • Single-family rear yard setback from 30' to 10' (5' for rear lanes). • Multi -family maximum building coverage from 15% to 50%. • Multi -family maximum lot coverage from 30% to 65%. • Multi -family front yard setback from 20' to 10'. • Multi -family rear yard setback from 30' to 5'. 27. Any future requests for waivers will be reviewed in conjunction with the site -specific preliminary plat or final plat reviews for individual development areas. 28. Any changes to the Master Plan shall require approval of the Development Review Board. 29. The Master Plan (sheets S1.0 and S1.1) shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Development Review Board Chair or Clerk prior to recording. In r J D—iiii7age Chuck Bolton ark Boucher qA d Roger Farley 1 % Lar Kup rman Gayl Quimby Signed on the / CJ day of March, 2005 Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). 19