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HomeMy WebLinkAboutSD-21-41 - Decision - 1302 1340 1350 Spear Street#SD-21-41 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SPEAR MEADOWS, INC., 1350 SPEAR, LLC, AND GARY N. FARRELL – 1302, 1340 & 1350 SPEAR STREET PRELIMINARY AND FINAL PLAT APPLICATION #SD-21-41 FINDINGS OF FACT AND DECISION 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. The Development Review Board held a public hearing on February 2, 2022. Gary Farrell and Andy Rowe represented the applicant. Based on testimony provided at the above-mentioned public hearing and the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking preliminary and final plat 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. 2. The owners of record of the subject property are Spear Meadows, Inc., 1350 Spear, LLC and Gary N. Farrell. 3. The application was received on December 8, 2021 4. The subject property is located in the Southeast Quadrant-Neighborhood Residential Zoning. 5. 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. 6. As the subject application is a new application, any proposed modifications to the approved plans are subject to current regulations. 7. The plans submitted consist of the following: Description Prepared By Last Revised Date Sheet 1 Overall Site Plan Lamoureux & Dickinson 06/24/2021 #SD-21-41 2 Sheet 1C Construction Phasing Plan Lamoureux & Dickinson 06/04/2021 Sheet 1L Lighting Plan Lamoureux & Dickinson 06/04/2021 Sheet 1S Signs & Pavement Markings Lamoureux & Dickinson 06/04/2021 Sheet 2 Site Plan & Utilities North Lamoureux & Dickinson 09/20/2021 Sheet 2A Utilities North Lamoureux & Dickinson 09/20/2021 Sheet 3 Site Plan & Utilities South Lamoureux & Dickinson 11/01/2021 Sheet 3A Utilities South Lamoureux & Dickinson 08/16/2021 Sheet 4 Site Plan & Utilities Pinnacle at Spear Lamoureux & Dickinson 08/16/2021 Sheet 4B Profile Cross Country Waterline Lamoureux & Dickinson 03/28/2018 Sheet 5 Profile Elm Street Lamoureux & Dickinson 06/04/2021 Sheet 6 Profile Vale Drive Lamoureux & Dickinson 06/04/2021 Sheet 7 Profile Vale Drive & Halcyon Lane Lamoureux & Dickinson 08/16/2021 Sheet 8 Landscape Plan Lamoureux & Dickinson 10/25/2021 Sheet 9A EPSC Pre-Construction Plan Lamoureux & Dickinson 06/16/2021 Sheet 9B EPSC Construction Plan Lamoureux & Dickinson 09/20/2021 Sheet 9C EPSC Stabilization Plan Lamoureux & Dickinson 09/20/2021 Sheet 10 Details & Specifications Streets Lamoureux & Dickinson 03/27/2017 Sheet 11 Details & Specifications Sewer and Storm Lamoureux & Dickinson 06/06/2016 Sheet 12 Details & Specifications Water Lamoureux & Dickinson 08/16/2021 Sheet 13 Sewer Pump Station Lamoureux & Dickinson 06/24/2021 Sheet 14 Details & Specifications EPSC Lamoureux & Dickinson 12/08/2017 Sheet 15 Details & Specifications Stormwater Ponds Lamoureux & Dickinson 04/20/2017 Sheet 17 Water System Modification Plan Lamoureux & Dickinson 09/08/2021 Sheet 18 Nowland Farm Road PRV Lamoureux & Dickinson 09/08/2021 Sheet PL Perimeter Boundary Survey Plat Lamoureux & Dickinson 04/20/2017 Sheet PL2 Subdivision & Footprint Lot Plat Lamoureux & Dickinson 12/08/2021 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. #SD-21-41 3 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. 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. #SD-21-41 4 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. 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 indicated 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. #SD-21-41 5 (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. 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. The Board finds the applicant must construct the left turn lane on Spear Street as approved in 2017 because there is no change in circumstances and there was a specific finding in decision #SD-17-14. 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. (4) 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 indicated acceptance thereof. (5) 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. #SD-21-41 6 The applicant has relocated the sewer line to be within the ROW, consistent with this criterion. (6) – (8) No changes affecting compliance with these criteria are proposed. 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. Lighting, electrical and telecommunication lines are located just outside of the right of way. The Board finds the applicant must provide 10-ft wide permanent access and maintenance easements for the underground wire-served utilities to the appropriate utility. (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. The lot in question is zoned SEQ-NR, the same as the lots to the north, south and east. 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. The Board finds the currently proposed landscaping would result in a consistent appearance of the lots involved in the project 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. The Board finds that screening or buffering is not required between Lot 48 and adjoining properties. 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. The Board finds no changes to compliance with these criteria are proposed. 13.05 Stormwater Management #SD-21-41 7 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. 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. The applicant testified that the current daylight location will be in the backyard of approved homes. The Board finds this criterion met. 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. The Board finds the applicant must comply with 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. It does not appear the applicant has proposed a backflow preventer. The Board finds this shall be incorporated as a condition of approval. #SD-21-41 8 (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. The Board finds 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. DECISION Motion by Mark Behr, seconded by Frank Kochman, to approve final plat application #SD-21-41, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Any changes to the approved plan shall require approval of the South Burlington Development Review Board or Zoning Administrator as allowable in the Land Development Regulations. 4. The plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. Revise the plans to include the left turn lane on Spear Street as approved in #SD-17-14 b. Provide 10-ft wide permanent access and maintenance easement for the underground wire-served utilities to the appropriate utility #SD-21-41 9 c. Show the footing drain from Lot 48 as private to the connection point with CB #3A d. Provide backflow prevention valve on Lot 48 footing drain 5. A digital PDF version of the full set of approved final plans must be delivered to the Administrative Officer before recording the mylar. 6. The final plat plan (Sheet P1) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. 7. A digital file consisting of an ArcGIS or AutoCAD formatted file of the proposed subdivision, including property lines, easements, and rights of way, either georeferenced or shown in relation to four easily identifiable fixed points such as manholes, utility poles or hydrants, must be provided to the Administrative Officer before recording the final plat plan. The format of the digital information shall require approval of the South Burlington GIS Coordinator. 8. The mylar must be recorded prior to zoning permit issuance. 9. A zoning permit must be obtained within six (6) months of approval with the option for requesting a one (1) year extension. 10. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 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. 12. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. Dan Albrecht Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present 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 - 1 - 0. Signed this ___ day of March, 2022, by _____________________________________ Dawn Philibert, 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 802-915-1740 or #SD-21-41 10 https://www.vermontjudiciary.org/environmental for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.