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HomeMy WebLinkAboutAgenda 07_SD-21-41_1302 1340 1350 Spear St_Spear Meadow_FP1 CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SD-21-41_1340 Spear_Spear Meadows_FP_2022-02-02 DEPARTMENT OF PLANNING & ZONING Report preparation date: January 21, 2022 Plans received: December 8, 2021 1302, 1340 & 1350 Spear Street Preliminary and Final Plat Application #SD-21-41 Meeting date: February 2, 2022 Owner/Applicant Spear Meadows, Inc., 1350 Spear, LLC and Gary N. Farrell 1350 Spear Street South Burlington, VT 05403 Engineer Lamoureux & Dickinson 14 Morse Drive Essex Junction, VT 05452 Property Information Tax Parcel 1640-01302, 1640-01340, 1640-01350 SEQ – NR 25.93 acres Location Map 2 PROJECT DESCRPTION Preliminary and final plat application #SD-21-41 of The Snyder Group, Inc. to amend a previously approved plan for a planned unit development on 25.93 acres consisting of 18 single family dwellings, ten (10) 2-family dwellings, three (3) 3-unit multi-family dwellings, and an existing single-family home. The amendment consists of eliminating an approved left turn lane on Spear Street, modifying approved landscaping along Spear Street, and minor modifications to water, sewer and drainage pipes, 1302, 1340 & 1350 Spear Street. PERMIT HISTORY The Board approved final plat application #SD-17-14 for the project. This decision was appealed to the Environmental Court for matters pertaining to transferred of development rights and to Halcyon Lane. The decision of the Environmental division was appealed to the Vermont Supreme Court for matters pertaining to transferred development rights. Both the Environmental Court and Supreme Court appeals are concluded. Both of the court decisions upheld the DRB’s decision therefore #SD-17-14 stands as written. None of the issues that were the subject of the appeals are proposed in this application to be modified. COMMENTS Development Review Planner Marla Keene and Director of Planning and Zoning Paul Conner (“Staff”) have reviewed the plans submitted on 12/8/2021 and offer the following comments. Based on the relatively minor nature of the proposed amendments, only those elements of the plan that are proposed to be modified are being evaluated. Numbered items for the Board’s attention are in red. Project elements which are proposed to be changed include the following. 1. Remove southbound turn lane on Spear Street onto Elm Street. The relevant finding of #SD-17- 14 states “As part of the preliminary plat application, the applicant submitted a Traffic Impact Study. The application materials predict the project will generate 52 P.M. Peak Hour trip ends. A condition of preliminary approval required the addition of a left turn lane on Spear Street southbound. The project meets this condition with the addition of the required left turn lane on Sheet 16 of the plans. Under the “Stowe Club Highlands” test, applicants may request a new finding on a determination that was already made if the circumstances surrounding that finding have changed. Such a request is subject to a warned public hearing. This request is discussed under 15.A.14 below. 2. Remove landscaped berms and cedar hedge on Lot 48. Decision #SD-17-14 does not include a specific finding pertaining to the landscaped berms and hedge on Lot 48. This request is discussed under 13.04C below. 3. Add landscaping for utility pedestals and vaults. Decision #SD-17-14 does not include a specific finding pertaining to the landscaping of utilities, though the LDR to which it was subject includes that requirement. This request is discussed under 13.04C below. 3 4. Minor changes to subsurface components of the water distribution system, and to hydrant locations, have been made at the request of the South Burlington Water Department. This request is discussed under 15.A.18B below. 5. Minor changes to the sewer pump station and location of the underground sewer made have been made at the request of the South Burlington Department of Public Works and Water Quality departments. This request is discussed under 15.A.18B below. 6. Natural gas, electric and telecommunication systems layouts have been shown. The LDR requires these elements be shown for review of compatibility with City standards. This request is discussed under 15.A.18E below. 7. A footing drain has been rerouted. This request is discussed under 13.05F below. A) DIMENSIONAL STANDARDS No changes are proposed to the dimensional standards. B) SUBDIVISION STANDARDS 15.A.11 General Standards C. Development Context. The applicant must demonstrate that the subdivision conforms to the planned pattern of subdivision and development in the area, as defined by district purpose statements and standards, or as specified for a type of Planned Unit Development (PUD) under Article 15.C. In addition to meeting required zoning district, transect zone, or PUD standards: (1) Overlay Districts – No changes to compliance with overlay district standards are proposed. (2) Multiple Districts – The project is located entirely within the SEQ-NR zoning district (3) Compliance with Other Regulations – This criterion requires that subdivisions, building lots, dwelling units, supporting facilities and infrastructure comply with other relevant standards of the LDR and other City ordinances and standards in effect. Compliance with other relevant standards is considered herein. (4) Conformance with an Approved Master Plan. The applicant must demonstrate that the subdivision conforms, as applicable, to a Master Plan approved by the DRB under Article 15.B, including the approved development plan, management plan, buildout budgets, and phasing schedule. – No changes are proposed which affect compliance with any of the findings or conditions of master plan #MP-16-02 for the subject property. 15.A.14 Street Network D.Functional Capacity and Transit Oriented Development. The nearest signalized intersection or those intersections specified by the DRB shall have an overall level of service “D” or better, at the peak street hour, including the anticipated impact of the fully developed proposed PUD or subdivision. In addition, the level of service of each through movement on the major roadway shall have a level of service “D” or better at full buildout. 4 The applicant is proposing to not install a southbound left turn lane on Spear Street onto Elm Street. They provided an analysis demonstrating that it is not warranted, included in the packet for the Board. This analysis indicates that the level of service at the Spear Street/Elm Street intersection will remain above level of service “D” for all involved movements without the turn lane. The director of Public Works reviewed the updated traffic analysis on December 27, 2021 and requested minor modifications, which the applicant incorporated into their revised analysis provided on December 29, 2021. The Director of Public Works on December 30, 2021 stated via email to staff that they “agree with the conclusion that a southbound left turn lane on Spear Street at this project’s entrance is not warranted.” E. Access and Circulation. The applicant must demonstrate that the street network is arranged to meet applicable access management, traffic, and pedestrian circulation standards under these Regulations, including criteria for site plans under Article 14, Transect Zone Subdivisions under Article 8, or a type of Planned Unit Development under Article 15.C; and, for state highways, VTrans Access Management Program Guidelines in effect at the time of application. Unless otherwise specified under these Regulations, the street network, including the location and arrangement of streets, must be designed to: (1) Provide a minimum of two (2) entrances or access points from an arterial or collector street to a subdivision with more than fifty (50) dwelling units on four (4) or more lots or within four (4) or more principal buildings, unless otherwise approved by the DRB in consultation with the City Engineer and Director of Planning & Zoning. (2) Separate subdivision entrances by a minimum distance of four hundred (400) feet on either side of a public street, as necessary to ensure safe access and traffic movement into and out of the subdivision. Subdivision entrances on opposite sides of a public street may be allowed by the DRB if substantially aligned with each other. Signalized subdivision entrances must be separated from existing, signalized highway intersections (as measured between the near edges of the driveway and the intersection) based on street traffic volumes: Table 15-1: Signalized Intersection Spacing Projected Peak Hour Volume (VPH per access lane) Distance (Feet) Below 450 300 450-550 350 551-650 400 651-750 450 751 and greater 500 (3) Provide for street intersections as close to ninety (90) degrees as physically possible. (4) Incorporate offset “T” intersections and other traffic calming measures as necessary to reduce through traffic and traffic speeds within residential and mixed use neighborhoods and to establish terminal views. Street jogs with centerline offsets of less than two hundred (200) feet on local streets are not allowed unless specifically approved by the DRB, in consultation with the Fire Chief and City Engineer, for purposes of traffic calming. 5 No changes to Criteria (1) through (4) are proposed. (5) Provide deceleration, acceleration and turn stacking lanes as necessary to meet specified Level of Service (LOS) standards under (3) above. As noted above, the LOS standards are met without a turn lane. (6) Design intersections and other access points to City specifications to include curb radii necessary to accommodate anticipated vehicle types and speeds while also minimizing pedestrian crossing distances. (7) Provide for safe access to abutting properties for motorists, cyclists, and pedestrians, including safe sight distances, access separation distances, and accommodations for high- accident locations. (8) Align access points with existing intersections or curb cuts and consolidate existing access points or curb cuts within the subdivision, to the extent physically and functionally feasible. (9) Minimize vehicular access points (curb cuts) to abutting properties and building lots along pedestrian-oriented street frontage; and provide, where physically feasible, shared vehicular access to frontage and other abutting building lots via rear alleys, side streets, service lanes, shared driveways, or rear cross connections between adjoining parcels. No changes to Criteria (5) through (9) are proposed. 1. Staff recommends the Board accept the conclusion of the Director of Public Works and approve the removal of the southbound left turn lane from Spear Street from the plans. 15.A.18 Infrastructure, Utilities, and Services B. Potable Water Supply and Wastewater Systems. (1) – (3) No changes affecting compliance with these criteria are proposed. (2) Proposed mains, distribution lines and connections to the City’s water distribution and wastewater systems, and associated equipment and appurtenances, must be designed to City specifications by a Vermont registered engineer, and are subject to review and approval by the Public Works Department. The Director of Public Works reviewed the proposed water and wastewater modifications on December 27, 2021 and stated acceptance thereof. (3) Utility corridors and easements must be shown on subdivision plans and plats submitted with the application. Water and sewer mains must be located within the limits of public rights-of- way or, with approval of the DRB and the Department of Public Works: (a) within other property owned by the City; or (b) within a restrictive, perpetual utility easement granted to the City which is of sufficient width to allow Department access for maintenance and repair work. The applicant has relocated the sewer line to be within the ROW, consistent with this criterion. (4) – (6) No changes affecting compliance with these criteria are proposed. 6 E. Utilities and Services. (1) - No changes affecting compliance with this criterion are proposed. (2) Utilities must be located within street rights-of-way, or within permanent utility access and maintenance easements identified on subdivision plans and plats. 2. Lighting, electrical and telecommunication lines are located just outside of the right of way. No easements are provided. Staff recommends the Board direct the applicant to modify these utilities to be located within the ROW, unless it is not possible to do so. If it is not possible, Staff recommends the Board require the applicant to provide permanent access and maintenance easements for these utilities. (3) New electric, natural gas, telephone, internet, cable television, and outdoor lighting systems must be installed underground, unless prevented by ledge or other physical constraints that make burying utility lines impractical. This criterion is met. C) SUPPLEMENTAL REGULATIONS 13.04 Landscaping, Screening, and Street Trees C. Screening or buffering. The Development Review Board will require landscaping, fencing, land shaping and/or screening along property boundaries (lot lines) whenever it determines that a) two adjacent sites are dissimilar and should be screened or buffered from each other, or b) a property’s appearance should be improved, which property is covered excessively with pavement or structures or is otherwise insufficiently landscaped, or c) a commercial, industrial, and multi-family use abuts a residential district or institutional use, or (d) a parking or loading area is adjacent to or visible from a public street. 3. The Board must determine whether the area of the proposed landscaping modification (removing berm and cedar hedge from Lot 48 along Spear Street) is dissimilar from adjoining properties and thus should be screened or buffered from them. The lot in question is zoned SEQ-NR, the same as the lots to the north, south and east, and therefore Staff considers the lots are not sufficiently dissimilar to require screening under this criterion. The lots on the far side of Spear Street, to the west of Lot 48, are zoned R1. The project is approved for 1.2 units per acre, while the R1 zoning district has an allowable residential density of 1 unit per acre. Staff considers therefore that the lot is not sufficiently dissimilar from the lots on the far side of Spear Street to require screening or buffering under this criterion. However, if the Board determines otherwise, Staff has included the remaining screening criteria for the Board’s use. (1) There shall be sufficient landscaping, walls, or fencing of sufficient height (minimum of three (3) feet) and opacity to effectively screen the parking or loading area year-round from adjacent public streets. (2) Screening of a parking or loading shall be provided where headlights from vehicles on site may be visible and project parallel to a public street. 7 (3) There shall be sufficient landscaping, walls, or fencing of sufficient height and opacity to effectively screen outdoor storage areas, refuse, recycling, and compost collection (excluding on- site composting) areas. Staff considers criterion 1 – 3 applicable to parking and loading areas for commercial, industrial and multi-family use and not applicable to this application. (4) The landscaping shall be designed to minimize erosion and stormwater runoff, and to protect neighboring residential properties from the view of uses and parking areas on the site. The landscaping shall be of such type, height, and spacing, as in the judgment of the Development Review Board, will effectively screen the activities on the lot from the view of persons standing on adjoining properties. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot. If the Board finds the proposed uses need to be screened, this criterion may apply. The landscaping plan approved in #SD-17-14 is below. Lot 48 is right of Elm Street and contains an existing home to be retained. There is a duplex home proposed left of Elm Street. Staff calls the Boards attention to the previously approved landscaping on the duplex lot. Landscaping Plan approved in #SD-17-14 The currently proposed modified landscaping plan is as follows. 8 Requested Modifications to Landscaping Plan 4. Staff considers the currently proposed landscaping would result in a consistent appearance between the involved lots from the far side of Spear Street, and a not dissimilar appearance to the existing lots in the R1 on the west side of Spear Street, and recommends the Board approve the requested landscaping modification. The applicant may be able to provide some history on why they believe the planted berm was originally proposed. (5) Modifications. Where the existing topography and/or landscaping provides adequate screening or would render the normally required screening inadequate, the Development Review Board may modify the planting and/or buffer requirements by, respectively, decreasing or increasing the requirements. The grade at the base of the existing home is 2-ft above the grade on Spear Street. The grade on the west side of Spear Street begins to decrease as you move west. The Board may wish to consider this criterion in their review. (6) , (7) – Not applicable G. Landscaping Standards. (1) The Development Review Board shall require compliance with any Tree Ordinance or Landscaping Design Standards enacted by the City of South Burlington, subsequent to the effective date of these regulations. (2) Overall, there shall be a mix of large canopy tree species within each landscaping plan. (3) Landscaping Budget Requirements. Staff considers no changes to compliance with these criteria are proposed. 9 13.05 Stormwater Management F. Design Requirements – Impacts to Municipal System [add!] Stormwater runoff from sites meeting the requirements of Section 13.05(D), or sites that are exempt from Section 13.05(D), may discharge to the municipal stormwater system, or a stormwater system within a proposed future municipal right-of- way, provided that the stormwater system has adequate capacity to convey the twenty-five year storm event from the contributing drainage area. All applicants shall meet the following standards if it is determined that their project may have impacts to municipal stormwater system: (1) New drainage structures connected to the municipal stormwater system, or a stormwater system within a proposed future municipal right-of-way, shall comply with the following standards: (a) New drainage structures should be located within the street right-of-way (b) All drainage structures must be designed to safely pass the twenty-five year, twenty-four hour (4.0 inch) rain event (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II rainfall distribution); (c) Drainage pipes must have a minimum diameter of 15” and be connected to drainage structures using booted connections. (d) Concrete risers, not brick and mortar, must be used to achieve the necessary drainage structure elevation. No changes affecting compliance with criteria (a) through (d) are proposed. (e) House footing drains shall only be connected to drainage facilities located in the street right-of-way when a suitable location to daylight the footing drain cannot be found. 5. The applicant is proposing to reroute the existing footing drain for Lot 48 from daylighting near the property line of Lot 50 to connect into a catch basin proposed as part of this development. Staff recommends the Board ask the applicant to demonstrate why the existing daylight location is not suitable. On December 27, 2021, the Director of Public Works offered the following comment on the proposed footing drain. The connection listed in #3 below of Lot 48’s footing drain to CB #3A is approved but it must contain a backflow prevention valve and must be listed as private all the way up to its connection point with CB #3A. The City will not own, maintain or bear any liability for private drains that are connected to public infrastructure. This line will not be conveyed to the City as infrastructure to be publicly-owned in the future. Please have the applicant clearly state these details on their plans and also have this fact captured in any decisions or official approvals by the DRB. If the Board allows the proposed modification, Staff recommends they incorporate the comments of the Director of Public Works as conditions of approval. (f) Footing drains must not be connected to road underdrain. This criterion is met. (g) Any footing drains connected to drainage facilities in the street right-of-way shall be provided with a backflow preventer. 10 It does not appear the applicant has proposed a backflow preventer. Staff considers this can be incorporated as a condition of approval. (h) Driveway culverts must have a minimum diameter of 18” and 12” of cover above them. No change affecting compliance with this criterion is proposed. 13.12 Utility Cabinets and Similar Structures B. Specific Standards for Utility Cabinets and Similar Structures. (1) The facility shall serve the City of South Burlington and/or immediately adjacent communities. (2) The minimum required lot for a public utility cabinet, substation, or communication relay station on its own parcel may be reduced from the zoning district requirements, at the discretion of the Development Review Board. In the event that the facility shall be erected on property not owned by the utility, the Development Review Board shall require that the facility be located unobtrusively. (3) If the parcel containing the facility is landlocked, there shall be a recorded easement or permission granting access to the utility or owner of the facility. No changes affecting compliance with criteria (1) through (3) are proposed. (4) There shall be sufficient landscaping or fencing of sufficient height and opacity to screen effectively the facility year-round from streets and abutting unaffiliated properties. The applicant has provided a detail providing screening from the street while leaving the home- facing sides of the utility cabinets open for maintenance. See Sheet 8. Staff considers this criterion met. (5) The location of the facility shall be shown on all relevant site plans. (6) Utility cabinets and similar structures shall be located a minimum of five (5) feet from all existing or planned public roads or rights-of-way. No changes affecting compliance with criteria (5) or (6) are proposed. RECOMMENDATION Staff recommends the Board discuss the project with the applicant and close the hearing.