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HomeMy WebLinkAboutSP-21-039 - Decision - 1840 Spear Street#SP-21-039 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SOUTH VILLAGE COMMUNITIES, LLC – 1840 SPEAR STREET SITE PLAN APPLICATION #SP-21-039 FINDINGS OF FACT AND DECISION Site plan application #SP-21-039 of South Village Communities, LLC to provide a replacement plan for trees and shrubs that were improperly removed. The plan consists of installing a number of trees between Aiken Street and Spear Street, east of the existing paved recreation path, 1840 Spear Street. The Development Review Board held public hearings on October 5, 2021, December 7, 2021 and February 15, 2022. Patrick O’Brien and Dave Marshall represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The project consists of a replacement plan for trees and shrubs that were improperly removed. The plan consists of installing a number of trees between Aiken Street and Spear Street, east of the existing paved recreation path, 1840 Spear Street. 2. The owner of record of the subject properties is South Village Communities LLC. 3. The application was received on September 15, 2021. 4. The subject property is located in the Southeast Quadrant Zoning District. 5. The area, a common land lot east of Spear Street and west of Aiken Street within South Village Phase 1, is represented on previously-approved plans by a general wooded area and not by individual trees. The applicant has represented that they are responsible, as part of their Land Management Plan approved under Act 250, to actively remove invasive species throughout the project. In December 2020, the applicant intended to remove invasive species in this wood concurrently with construction of the multi-family housing on Aiken Street because removal would be more difficult once the homes were constructed. The contractor responsible for removing the invasive species removed significantly more trees than was intended. The applicant reports that a total of 41 trees were removed. The City Zoning Administrative Officer, as an enforcement mechanism, directed the applicant to prepare a replacement planting plan to re-establish the wooded area with native vegetation to provide screening of the multifamily buildings on Aiken Street. 6. The applicant proposes to remove nearly all of the remaining trees due to their being either invasive species or ash trees which are likely to succumb to emerald ash borer in the coming years. 7. This project is subject to review under the Land Development Regulation Standards covering the SEQ-NR Section 14.06 General Review Standards, Section 14.07 Specific Review Standards, as well as various other standard provisions of the LDR which apply to all properties. #SP-21-039 2 8. The project is subject to the 12/28/2020 Land Development Regulations. 9. The plans submitted consist of the following: Sheet No: Description: Prepared by: Last Revised Date: C0.0 Overall Site Plan Civil Engineering Associates 3/11/2021 S1.3 Phase 1 Subdivision Plat Civil Engineering Associates 3/26/2015 C1.0 Existing Site Plan Civil Engineering Associates 3/11/2021 C2.0 Proposed Conditions Site Plan & EPSC Civil Engineering Associates 3/11/2021 The applicant is currently proposing to plant 55 trees, including a mixture of deciduous and evergreen, with a mature height of 15 to 50 ft. The total value of the proposed landscaping is $31,145. The schedule of plants on the submitted plan has not been updated to reflect the proposed plantings, but the landscaping budget has. DIMENSIONAL REQUIREMENTS SEQ-NR Zoning District Required Existing Proposed  Min. Lot Size 40,000 sf 246,985 sf No change  Max. Building Coverage 15 % 0% 0% @ Max. Overall Coverage 30 % 5% 5%  Min. Front Setback 20 ft. n/a n/a  Min. Side Setback 10 ft. n/a n/a  Min. Rear Setback 30 ft. n/a n/a  Max. Height (pitched roof) 28 ft. n/a n/a √ Zoning Compliance @ The applicant provided verbal testimony on 10/5 that the proposed coverage is 5%; no additional impervious surfaces are proposed. SOUTHEAST QUADRANT STANDARDS 9.06 Dimensional and Design Requirements Applicable to All Sub-Districts. The following standards shall apply to development and improvements within the entire SEQ: A. Height. n/a B. Open Space and Resource Protection. (1) Open space areas on the site shall be located in such a way as to maximize opportunities for creating usable, contiguous open spaces between adjoining parcels The overall South Village PUD contains a network of open space. The Board finds this criterion met. (2) Building lots, streets and other structures shall be located in a manner consistent with the Regulating Plan for the applicable sub-district allowing carefully planned development at the average densities provided in this bylaw. The Board finds this criterion not applicable. #SP-21-039 3 (3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant. South Village has an open space management plan, which the applicant has indicated pertains to maintenance of the large natural open spaces east of phases 1 and 2 and west of phase 3. At the direction of the Board and since this is the first active and managed open space proposed within the development, the applicant has prepared a management plan for this area. The management plan includes the following sections.  construction sequencing  planting notes  maintenance plan The Board finds the construction sequencing and planting notes are not part of a management plan and should instead be removed from the management plan and provide on the landscaping drawing The management plan does not assign responsibility for maintenance. The Board finds the applicant shall specifically assign responsibility for maintenance in the plan. The corrected maintenance plan shall be considered a condition of this approval. (4) Sufficient grading and erosion controls shall be employed during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the Development Review Board may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. The City Stormwater Section reviewed the provided plans on September 23, 2021 and indicated there are no comments. The applicant had submitted an erosion prevention and sediment control plan for the proposed replacement plantings. This plan has not been updated to reflect the new proposed planting program. The Board finds the applicant must do so as a condition of approval. Further, the EPSC plan calls out that permanent stabilization is to take place within 7 days. LDR Article 16 requires stabilization within 48 hours of final grading. The Board finds the applicant must modify the plans to reflect the requirements of Article 16. The applicant has also not included a construction entrance on the plans. In response to a staff query, the applicant provided the following narrative regarding construction access. Initially we will access the site via the driveway leading from Lots 4A and 4B on Aiken Street which as you know is currently under construction (and will be until early next summer). Future maintenance or replacements of the new plantings, existing plantings, walking path etc will be the responsibility of South Village Communities LLC during the bonding period and the South Village HOA post bond period (because it is on common land) and will be accessed by the grounds crew (the same way they grounds crew does now to access to maintain the grass and the landscaping along Spear Street that was approved in Phase 1 & 1A) by coming into that Common Land lot from East Allen Road and South Jefferson Road (for tree maintenance or replacement all that is used is a small tractor and/ or pick up truck). We would prefer to have a COA that shows these access #SP-21-039 4 areas from lots 4A & 4B on an updated the EPSC plan as recommended. Because there is not ground disturbance to replace or maintain them I don’t think it is necessary to show that on any plan but we can certainly show how the grounds crews accesses it during our presentation. The Board finds the applicant must modify the plans to show construction access as described. (5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or primary or natural community areas and buffers in a manner that is aesthetically compatible with the surrounding landscape. Chain link fencing other than for agricultural purposes shall be prohibited within PUDs; the use of split rail or other fencing made of natural materials is encouraged. No natural features are adjacent to this site. The Board finds this criterion not applicable. C. Agriculture. The conservation of existing agricultural production values is encouraged through development planning that supports agricultural uses (including but not limited to development plans that create contiguous areas of agricultural use), provides buffer areas between existing agricultural operations and new development, roads, and infrastructure, or creates new opportunities for agricultural use (on any soil group) such as but not limited to community- supported agriculture. No changes to agricultural uses are proposed. The Board finds this application does not affect overall compliance with this criterion. D. Public Services and Facilities. In the absence of a specific finding by the Development Review Board that an alternative location and/or provision is approved for a specific development, the location of buildings, lots, streets and utilities shall conform with the location of planned public facilities as depicted on the Official Map, including but not limited to recreation paths, streets, park land, schools, and sewer and water facilities. The South Village master plan complies with the official map overall. No changes are proposed. (1) Sufficient water supply and wastewater disposal capacity shall be available to meet the needs of the project in conformance with applicable State and City requirement, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. No changes to water or wastewater demand are proposed. (2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. No changes to existing recreation paths are proposed. The Board finds this criterion met. (3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is consistent with City utility plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. The Board finds this criterion not applicable. (4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for evaluation including, but not limited to, minimum distance between structures, street width, vehicular access from two directions #SP-21-039 5 where possible, looping of water lines, water flow and pressure, and number and location of hydrants. Since no structures are included, the Board finds this criterion not applicable. D. Circulation. The project shall incorporate access, circulation and traffic management strategies sufficient to prevent unsafe conditions on adjacent roads and sufficient to create connectivity for pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles between neighborhoods. In making this finding the Development Review Board may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. (1) Roads shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. (2) Roads shall be designed in a manner that is consistent with City roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. (3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and neighborhoods shall apply. No changes to streets or circulation are proposed. The Board finds these criteria not applicable. 9.08 SEQ-NR Sub-District; Specific Standards The SEQ-NR sub-district has additional dimensional and design requirements, as enumerated in this Section. A. Street, Block and Lot Pattern No changes affecting street, block or lot patterns are proposed. B. Street, Sidewalk & Parking Standards (1) - (6) The Board finds these criteria not applicable. C. Residential Design The Board finds these criteria not applicable. SITE PLAN REVIEW STANDARDS 14.06 General Site Plan Review Standards A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. The Board finds this project does not detract from compliance with the comprehensive plan. B. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. #SP-21-039 6 The Board finds that the trees that were removed provided a transition between the SEQ-NR on the east side of Spear Street and the R1 zoning district on the west side of Spear Street. As noted above, the proposed plantings consist of deciduous and coniferous trees in a mixture of sizes. The pre-existing plants that remain in the wood consist of tall thin trees. The Board finds the applicant’s proposed planting plan serves the purpose of providing a transition to the new buildings on Aiken Street from Spear Street in the long-term as well as a moderate transition in the medium-term. Additional screening requirements are included in 13.06C, discussed under 14.07D below. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. No changes to parking are proposed. (3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. No changes to buildings are proposed. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. No changes to structures are proposed. C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. See 14.06B(1) above. (2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. No changes to structure are proposed. 14.07 Specific Review Standards A. Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. B. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. #SP-21-039 7 C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). No changes to these three criteria are proposed. D. Landscaping and Screening Requirements. (See Article 13, Section 13.06) 13.06C. 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. The Board finds provision (c) of this criterion to be partially applicable, though the appearance of the multi-family buildings on Aiken Street were designed and approved to be compatible with adjacent single and two-family buildings and therefore the need for full screening is reduced. (1) All off-street parking areas, off-street loading areas, outdoor storage areas, refuse, recycling, and compost collection (excluding on-site composting) areas, and utility improvements such as transformer(s), external heating and cooling equipment shall be effectively screened. The Board finds this criterion not applicable. (2) Such screening shall be a permanently maintained landscape of evergreen or a mix of evergreen and deciduous trees and shrubs, and/or a solid fence. The applicant is proposing to plant 55 trees, including a mixture of deciduous and evergreen, with a mature height of 15 to 50 ft. The Board finds this criterion met. (3) 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. Previous approvals found this wooded area to be required to remain. (4) A solid wall or fence, of location, height, and design approved by the Development Review Board, may be substituted for the required planting. Landscaping is proposed. This criterion is not applicable. (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 Board finds the relative elevation of the site, which is 15-16 feet higher than Spear Street, to be a relevant factor in the effectiveness of the screening. The Board finds the criteria of 13.06C, and by extension 14.07F, to be met. #SP-21-039 8 The Board finds the applicant must provide a bond for the $31,145 value of the plantings in accordance with the provisions of LDR 15.15B. The applicant has, in their cover memo of August 13, 2021 requested two modifications of the provision of 13.06I that all planting shown on an approved site plan shall be maintained in a vigorous growing condition throughout the duration of the use.  First, they have requested the Board include a condition that allows the applicant to remove any remaining invasive tree or shrub species, as well as any dead, dying or diseased trees within the remaining stand of shrubs and trees as approved by the City Arborist. o This request is discussed above.  Second, they have requested a condition that would allow the landowner to replace trees on the landscaping plan as approved by the City Arborist based upon supply chain limitations. o The Board finds the applicant may provide replacement plantings of the same size, shape and nature (deciduous and evergreen) if the plantings are approved by the Zoning Administrative Officer prior to planting. E. Modification of Standards. Except within the City Center Form Based Code District, where the limitations of a site may cause unusual hardship in complying with any of the standards above and waiver therefrom will not endanger the public health, safety or welfare, the Development Review Board may modify such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met. However, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. The Board finds no modification of standards to be necessary. F. Low Impact Development. The use of low impact site design strategies that minimize site disturbance, and that integrate structures, landscaping, natural hydrologic functions, and various other techniques to minimize runoff from impervious surfaces and to infiltrate precipitation into underlying soils and groundwater as close as is reasonable practicable to where it hits the ground, is required pursuant to the standards contained within Article 12. As noted above, the City Stormwater Section had no comments on the application. i. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for Roadways, Parking, and Circulation shall be met. The Board finds this criterion not applicable. DECISION Motion by Mark Behr, seconded by Quin Mann, to approve final plat application #SP-21-039 of South Village Communities, LLC, subject to the following conditions: #SP-21-039 9 1. All previous approvals and stipulations for the South Village project shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. Remove construction sequencing and planting notes from management plan and provide them on the landscaping drawing. b. Update the plant schedule on the landscaping drawing to reflect the approved planting program c. Update the erosion prevention and sediment control plan to reflect the approved planting program d. Update the erosion prevention and sediment control plan to require stabilization within 48 hours of final grading. e. Update the erosion prevention and sediment control plan to provide construction access from the driveway leading from Lots 4A and 4B on Aiken Street. 4. A digital PDF version of the full set of approved final plans must be delivered to the Administrative Officer before recording the mylar. 5. Any changes to the approved plan as amended herein shall require approval of the South Burlington Development Review Board or Administrative Officer as allowable under the regulations. 6. The maintenance plan shall be modified to assign responsibility for maintenance prior to issuance of a zoning permit, and shall be considered incorporated as a condition of this approval. 7. Prior to issuance of a zoning permit, the applicant must provide a bond for the $31,145 value of the approved plantings in accordance with the provisions of LDR 15.15B. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 8. The applicant may replace the approved plantings of the same size, shape and nature (deciduous and evergreen). Any such change shall be subject to review and approval of the Zoning Administrative Officer prior to planting. 9. A zoning permit must be obtained for the project within six (6) months of approval with the option for requesting a one (1) year extension. 10. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the project area. 11. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. Dan Albrecht Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present #SP-21-039 10 Jim Langan Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Motion carried by a vote of 6 - 0 - 0. Signed this ___ day of March, 2022, by _____________________________________ Dan Albrecht, Vice Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.