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HomeMy WebLinkAboutSD-21-19 - Decision - 0600 Spear Street#SD-21-19 Findings of Fact and Decision CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 600 SPEAR FJT, LLC – 600 SPEAR STREET PRELIMINARY PLAT APPLICATION #SD-21-19 FINDINGS OF FACT AND DECISION 1 1 of 16 Preliminary plat application #SD-21-19 of 600 Spear FJT, LLC for a planned unit development on an existing 8.66 acre lot developed with 7,000 sf storage building and single family home. The planned unit development consists of one 6.68 acre lot containing 32 dwelling units in four-family buildings, a 1.24 acre lot containing the storage building and existing single family home proposed to be converted to a duplex, and a third lot containing proposed city streets, 600 Spear Street. The Development Review Board held public hearings on July 20, 2021, December 7, 2021 and April 5, 2022. Frank Von Turkovich, Abby Dery, and Lucy Thayer represented the applicant. Based on testimony provided at the above mentioned public hearings 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 a planned unit development on an existing 8.63 acre lot developed with 7,000 sf storage building and single family home. The planned unit development consists of one 6.68 acre lot containing 32 dwelling units in four-family buildings, a 1.24 acre lot containing the storage building and existing single family home proposed to be converted to a duplex, and a third lot containing proposed city streets, 600 Spear Street. 2. The application was received on May 24, 2021. 3. The property is located in the Residential 4 Zoning District and includes lands within the Interstate Highway Overlay district. The property has an inherent density of 34 dwelling units, with the potential for an affordable housing density bonus of 4 to 9 units (allowing a total of 42 to 51 units) if the affordable units are income restricted to families earning no more than 80% AMI. At this time the applicant has not chosen to include affordable units. 4. The most recent approval for the property was in 1983, which refers to a single family home and a construction business and prohibits automobile repair and sales. 5. The 2006 UVM Master Plan refers to the parcel north of this property as the Miller Research Complex, and the parcel south of this property as the Deslauriers 1963 and 1980 Tracts, and envisions continued agricultural uses for these locations for the present time. These parcels are located in the Institutional & Agricultural zoning districts. 6. The sketch plan was reviewed on October 20, 2020. 7. The project is subject to the 12/28/2020 Land Development Regulations since a complete preliminary plat application was submitted prior to the warning date for the current regulations. 8. The applicant obtained City Council approval for an exemption from interim zoning with IZ-20- 02. 9. The plans submitted consist of the following: #SD-21-19 Findings of Fact and Decision 2 2 of 16 Sheet No. Description Prepared by Last Revised Date C0-00 Cover Sheet TCE 03/18/2022 C1-00 Legend & Notes TCE 03/18/2022 C1-01 Existing Conditions TCE 03/18/2022 C2-01 Entrance Plans TCE 03/18/2022 C2-02 Layout and Materials Plan TCE 03/18/2022 C2-03 Grading Plan TCE 03/18/2022 C3-01 Utility Plan Overview TCE 03/18/2022 C3-02 Wastewater & Water Utility Plan TCE 03/18/2022 C3-03 Stormwater Utility Plan TCE 03/18/2022 C4-01 Pre-Construction Stormwater Plan TCE 03/18/2022 C4-02 Post DA Plan TCE 03/18/2022 C5-01 Overall EPSC Plan TCE 03/18/2022 C8-401 Stormwater Details TCE 05/14/2021 C8-402 Stormwater Details TCE 05/14/2021 LA1-01 Landscape Plan TCE 03/18/2022 LA1-02 Landscape Plan TCE 03/18/2022 LA2-01 Landscape Details TCE 03/18/2022 LI1-01 Lighting Plan TCE 03/18/2022 Location Map TCE 06/03/2021 Natural Resources Map TCE 08/14/2020 A1 First Floor Plan TIMic Drafting & Design 02/21/2021 A2 Second Floor Plan TIMic Drafting & Design 02/21/2021 A3 & A4 Elevations TIMic Drafting & Design 02/21/2021 SL-02 PUD Plat TCE 03/18/2022 A) ZONING DISTRICT AND DIMENSIONAL STANDARDS Setbacks, Coverages & Lot Dimensions The project will consist of three lots: the lot containing the existing commercial building to remain, the lot proposed to be dedicated to the City as a public right-of-way, and the eastern lot proposed for 24 homes in six buildings. The maximum lot coverage is 40% for residential use and 20% for non-residential use. The Board finds given the large portion of the lot reserved for solar field (which are not subject to local regulations pursuant to 24 VSA 4413(b), and incidentally, only the supports would be considered as contributing to lot coverage), the allowable lot and building coverages are likely to be met. The applicant must demonstrate compliance with dimensional standards at the final plat stage of review. The applicant has requested a waiver of the front setback from 30 ft to 10 ft. The proposed roadway includes a 50-ft right of way with 28-ft of pavement (two 10-ft lanes and an 8-ft parking lane), a 5-ft sidewalk, and 1-ft of green space. The Board approves the requested front setback waiver. B) SITE PLAN REVIEW STANDARDS 14.6 General Review Standards Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: #SD-21-19 Findings of Fact and Decision 3 3 of 16 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 project is located in the northwest quadrant in an area identified as very low intensity principally open land use. The objectives of the northwest quadrant as stated in the comprehensive plan include to maintain existing affordable diverse residential neighborhoods, allow for infill development, and ensure continued compatibility of University land uses with existing development and conservation patterns. The zoning of this parcel is R4, while zoning of adjacent parcels is Institutional and Agricultural, accounting for the land use policy of the comprehensive plan. The applicant, further, has proposed to cluster the residential development within the western portion of the property adjacent to Spear Street. The Board finds this criterion met. 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. The applicant has provided elevations for the proposed buildings, which are all proposed to have the same architecture. The buildings generally have a strong relationship to one another and to the street, with some exceptions discussed under 14.07F below. Pedestrian movement is discussed under PUD criterion 8 and 9 below. Plantings are discussed below under Site Plan Review Criterion 14.07D. For 32 one-bedroom homes, 30 parking spaces are required. The applicant is proposing 75 parking spaces. The Board finds parking to be adequate. (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. The applicants proposed parking configuration requires the east-west driveways to be considered private streets. Aside from on-street parking, parking is to the rear or sides of buildings. The Board finds this criterion met. (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. The subject property is generally level and surrounded by lands not currently zoned for development. The building architecture is of a neighborhood scale. The Board finds this criterion met. 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. (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. At the hearing, the Board discussed with the applicant that the existing steel building to #SD-21-19 Findings of Fact and Decision 4 4 of 16 remain does not relate well to the proposed structures. In order to meet these criteria, modifications to the existing steel building to remain are necessary. The Board and applicant reviewed several potential avenues to improve compliance. The intention of the modifications is to make the building appear as part of this project rather than a vestige from the prior use of the site. The Board finds that the applicant must modify the existing steel building to remain in order for these criteria to be met. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: 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. The Board finds the north-south roadway and sidewalks must be extended to the northern and southern property boundary as part of the final plat application. This is planned to be a future public roadway and as such must to be accompanied by a draft irrevocable offer of dedication (IROD) at the final plat stage of review. Further, the IROD must be clear of any features that are not public. For the southern property boundary, this affects a proposed electrical transformer. For the northern property boundary, this affects the proposed stormwater management system. The Board finds the applicant must modify these elements at the final plat stage of review. For the east-west segment of the proposed roadway, this also affects the proposed stormwater management system. The applicant testified that they have negotiated with the adjacent property owner to the south to allow the proposed ROW to be located partially on the adjoining land, effectively centering the roadway and removing the stormwater practices from the ROW without requiring them to be modified. The Board finds the applicant must provide draft legal documentation, executable upon approval, for the planned public road, including any necessary portions on the adjacent property, at the final plat stage of review. This should also include a written agreement to the proposed legal documents by the adjoining property owner. B. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.13, Utility Services, shall also be met. Wire served utilities are proposed to be underground. The proposed electrical transformer is not screened. The Board finds the applicant must screen the transformer as required under 13.06 as part of the application for final plat. C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, 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). Small receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. There is a dumpster area which is proposed to be screened. Waste disposal for the residential units will be via toters, which do not require screening. The applicant testified that the location of parking between the drive aisle and the sidewalk at buildings 3, 5, 5, and 6, where toters are typically placed for collection, is not an issue for this project because the waste collection company will collect the toters from the building. The Board finds this criterion met. #SD-21-19 Findings of Fact and Decision 5 5 of 16 D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to planned unit development review. The minimum landscape requirement for this project is determined by Table 13-9 of the South Burlington Land Development Regulations. The applicant estimates the building cost to be $3,763,000. The required minimum landscape value would therefore be $45,130. The applicant has provided $78,972 in trees and shrubs, $86,202 in perennials, and a large quantity of plantings in the stormwater treatment areas. Street trees are not considered as contributing to the required minimum landscaping cost and should be removed from the computation for the final plat application. Otherwise, required minimum landscaping costs appear to be met. Several additional landscaping standards apply to this property, as follows. 13.06B Landscaping of Parking Areas All off-street parking areas subject to review by the Development Review Board shall be curbed and landscaped with appropriate trees, shrubs and other plans including ground covers as approved by the Development Review Board. (1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees, shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of the parking lot from the public way and from adjacent uses and properties, and to provide shade and canopy for the parking lot. In some situations it may be necessary both for surveillance purposes and for the perception of safety to install the size and type of plants that leave visual access between the parking lot to the public way or other pedestrian areas. The applicant has placed great emphasis on creating a courtyard configuration consistent with current land development regulations, with transitions between private but visually accessible space (a deck, stoop or porch), semi-private space (plantings, yard area that would be used predominantly by a unit’s residents), and common space (the civic space). This configuration has not resulted in much space for perimeter plantings. The applicant has located deciduous trees along both northern and southern parking areas at the exterior of the lot. The Board finds the applicant must improve compliance with this criterion by providing additional plantings to screen the northwestern parking lot, both from the adjacent parcel to the north and from the existing home to the west. (2) In all parking areas containing twenty-eight (28) or more contiguous parking spaces and/or in parking lots with more than a single circulation lane, at least ten percent (10%) of the interior of the parking lot shall be landscaped islands planted with trees, shrubs and other plants. Such requirement shall not apply to structured parking or below-ground parking. This criterion is not applicable; all proposed parking areas contain 28 or fewer parking spaces. (3) All interior and perimeter planting shall be protected by curbing unless specifically designed as a collection and treatment area for management of stormwater runoff as per 13.06(B)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and shall have a minimum square footage of sixty (60) square feet. Large islands are encouraged. #SD-21-19 Findings of Fact and Decision 6 6 of 16 It does not appear either of the northern parking areas are curbed. While the Board finds it acceptable to omit curbing for drive aisles, both the landscaping area adjacent to the parking stalls in the north west parking area and the sidewalk adjacent to the parking stalls in the north east parking area should be protected from motor vehicles. The Board finds the applicant must modify the plans to provide curbing in these locations. (4) Landscaping Requirements (a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting shall be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall be salt-tolerant. The City Arborist reviewed the July 2021 submission of the applicant and provided comments on diversity of species. The Board finds this comment to have been addressed and will provide the final plans to the City arborist for review when they are submitted. (b) At least one (1) major deciduous shade tree shall be provided within or near the perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. This criterion is not met for the south western parking area. The Board finds the applicant must revise their plans to meet this criterion as part of the application for final plat. (c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when measured on the tree stem, six (6) inches above the root ball. This criterion is met. (6) Snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface waters. Snow storage does not appear to be shown on the plans. The Board finds that snow storage must be addressed at the final plat stage of review. 13.06C Screening or Buffering (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. (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. (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. (4) A solid wall or fence, of location, height, and design approved by the Development Review Board, may be substituted for the required planting. (5) Modifications. Where the existing topography and/or landscaping provides adequate screening or would render the normally required screening inadequate, the Development Review #SD-21-19 Findings of Fact and Decision 7 7 of 16 Board may modify the planting and/or buffer requirements by, respectively, decreasing or increasing the requirements. Screening of transformers is discussed under 14.07B above. Screening of parking areas is discussed under 13.06B above. 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. No modification of standards beyond the front setback waiver discussed above has been requested. 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. The project is proposing a distributed stormwater management system consisting of seven treatment areas. This represents a significant consolidation of stormwater treatment when compared to the plans reviewed in June. The City Stormwater section reviewed the revised plans on 3/25/2022 and offers the following comments. 1. On Sheet C5-01, if silt fence is being proposed as the primary sediment control practice, it should follow the Vermont Standards and Specifications for Erosion Prevention & Sediment Control, most recently updated in February of 2020. Part 5, Silt Fence notes that the maximum drainage area for overland flow to a silt fence shall not exceed ¼ acre per 100 feet of fence. Silt fence should also be depicted with j-hooks at the end to capture sediment. 2. It is assumed that basements are not being proposed and there are no footing drains for buildings. 3. The Snow Storage callout is generic and utilizes a “typical” notation. The applicant should revise the plans to show all snow storage locations. 4. Confirm if the drainage areas for the stormwater treatment practices are correct. As shown, the drainage areas do not cover the entire stormwater treatment practice. Please update to show actual full drainage area – “permitted” vs. “non-permitted” impervious can be shown with hatching within the drainage area as necessary. 5. The contours on the site are very flat and susceptible to puddling. Consider including spot point elevations at breaks between drainage areas to ensure accurate drainage areas and positive drainage. 6. The very south-east corner of pavement within the project: Provide spot point elevation to ensure that runoff flows to CB or treatment practice and not offsite. Include curbing as needed. 7. In general, confirm there are no utility conflicts. In particular, the crossing of the storm drain, gravity sewer and sewer forcemain adjacent to SMH 2. #SD-21-19 Findings of Fact and Decision 8 8 of 16 8. Sheet C8-401: Top of Mulch Elevations and Underdrain Elevations appear to be incorrect, as they differ from the plan sheets by approximately 90 feet in elevation. 9. Sheet C8-401: Bioretention Area Detail: a. What size stone is being proposed within the 12” thick stone layer? b. Was a peastone layer considered in-lieu of the filter fabric between the bioretention soil and stone? c. For the biorentetion soil testing, are you requiring the Morgan Method or the Modified Morgan Method? 10. Sheet C8-402: This sheet includes details for a Rain Guardian and Filterra system. Are these systems being proposed for this project? 11. LA1-01: There are a number of tree planting proposed right on or adjacent to utilities including: a. 1 ‘NS’ on the inlet pipe to Stormwater Treatment Area 2. b. 2 ‘UA’ and 2 ‘AF’ on the gas line running north-south on the east side of the proposed road, c. A ‘NS’ and a ‘GT’ on the forcemain, as it leaves the pump station and before the first bend. d. It is understood that the site is very tight, but there are some large trees with trunks proposed within 5’-6’ feet of the buildings. The Board finds the applicant must address the comments of the City Stormwater Section as part of the final plat application. G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for Roadways, Parking, and Circulation shall be met. Relevant criteria of 15.12 are as follows. 15.12 Standards for Roadways, Parking and Circulation A. Street Layout. The arrangement of streets in the subdivision shall provide for the continuation of arterial, collector and local streets of adjoining subdivisions and for proper projection of arterial, collector and local streets through adjoining properties that are not yet subdivided, in order to make possible necessary fire protection, movement of traffic and construction or extension, presently or when later required, of needed utilities and public services such as recreation paths, sewers, water and drainage facilities. Where, in the opinion of the Development Review Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified. In no case shall gates of any kind be permitted across public or private roads, or driveways serving more than one dwelling unit. As noted above, the Board finds the north south streets must be extended to the property line, including the sidewalk, which is a required street cross sectional element. D. Criteria for Public and Private Roadways. (3) Private roadways allowed. The DRB may at its discretion approve a roadway or roadways within a subdivision or PUD to be private if one or more of the following situations applies: (d) The proposed roadway has only one (1) point of access on another existing or proposed public roadway, and serves nine (9) or fewer dwelling units in any combination of single-family, duplex or multi-family dwellings. (f) The homes built on a private roadway must be sprinklered to the satisfaction of the #SD-21-19 Findings of Fact and Decision 9 9 of 16 South Burlington Fire Chief. All proposed sprinkler systems must be reviewed and agreed upon prior to plat approval. This requirement may be waived be the DRB upon recommendation by the City of South Burlington Fire Chief. 32 total homes are proposed to share a single access point onto Spear Street. The proposed public road is connected to adjacent parcels to allow future interconnection, but as noted above, the adjacent parcels are not proposed for development at this time. 15.12J limits the number of dwelling units served by a system of streets sharing a common single access to an arterial or collector street to fifty (50) unless there are additional connections to other streets, subject to review and approval of the Development Review Board. Each private road serves eight homes. The Board finds these criteria met. E. Standards for Construction of Roadways (1) All streets shall be constructed completely by the applicant. (2) All public roadways shall be built to the specifications in Table 15-1,Figure 15-1, and the Transect Zone Street Typologies contained within Article 11 unless specifically authorized otherwise by the DRB in its final approval of the subdivision or PUD. Local roads are required to have a 50-ft ROW with a minimum pavement width of 28-ft including parking. This criterion is met. The required 5-ft of green space between the street and the sidewalk has not been provided. Though the layout proposed by the applicant provides a larger green belt on one side of the street, green space is necessary for snow storage and must be provided on both sides. The Board therefore finds the applicant must modify the roadway cross section to include 5-ft of green space between the road and sidewalk on both sides as part of the final plat application. (3) All private roadways shall be built to the specifications set forth in this section with the exception of curbing and widths. All private roadways shall be a minimum width of twenty-six (26) feet with parking and twenty (20) feet without parking. The private roads are more like single-loaded parking lots than roads. Single loaded parking lots must have a 20-ft drive aisle, which has been provided. The Board finds this criterion met. C) PLANNED UNIT DEVELOPMENT STANDARDS (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 South Burlington Water Department reviewed the provided plans on 7/7/2021 and offered the following comments. The South Burlington Water Department reviewed the provided plans on 7/7/2021 and offers the following comments. 1. All water lines and appurtenances shall be installed in accordance with the Champlain Water District Specifications and Details for the Installation of Water Lines and Appurtenances, current edition, henceforth CWD Specifications.” #SD-21-19 Findings of Fact and Decision 10 10 of 16 2. There is a 12” AC water main on the east side of Spear Street that shall be tapped for this project. The main is located off the east edge of the road. Tapping materials shall comply with the Champlain Water District. 3. The Ludlow fire hydrant located on Spear Street next to the proposed entrance shall be replaced as part of this project. 4. There is a 12” AC water main located on the east side of Interstate 89 that the proposed forcemain could be crossing. The main must be located prior to any drilling and connection activities. 5. All water mains must be moved to the edge of road and not placed in the center of the road where depicted. No parallel underground utility (ex. phone, electric, cable, gas) shall be designed or installed within four feet (4’) of the water main from either side, or above the water main from the bottom of the main to finish grade. Storm sewer and sanitary sewer separations are only as allowed in these specifications and the VT Water Supply Rule. No building or structure shall be built above the water line or within the water line easement. 6. Water mains shall be run to the edge of the property and capped where future public roads are proposed. 7. PVC water mains shall comply with AWWA C900 with minimum Pressure Class 235, DR18. Tracer wire and termination box specifications are required for plastic pipe. 8. Service lines shall be copper sized appropriately for each dwelling. Information for each building’s account must be provided to the Department for billing purposes. If a fire sprinkler line is to be run to each building, then there shall also be a separate domestic water line with independent shut off located outside in a Department approved location. The domestic line shall be tapped off the fire sprinkler line. 9. The service line to the existing building shall be shut off at the Spear Street corporation, disconnected, capped and the curb box removed. 10. Hydrant leads shall be Ductile Iron. 11. Cor-Blue T-bolts and nuts are required for underground installations. 12. Water main intersections shall include three valves at each tee. Anchor tees (aka: Hydrant tees and Swivel tees) shall be Class 350 ductile iron, cement lined, conforming to AWWA/ANSI C110/A21.10, C111/A21.11, and C104/A21.4. In lieu of Anchor tees, Mechanical Joint tees may be used if a Foster Adaptor is used to secure the valve directly to the branch of the tee. 13. V-Bio polyethylene encasement is required for all ferrous material installations underground. This includes fittings for PVC and HDPE pipe, and fire hydrant barrels. 14. Gate valves shall be Mueller, Kennedy, AFC, M&H or approved equal on water distribution mains and Mueller, AFC, or approved equal on CWD Transmission mains. 15. Stainless steel tapping sleeves shall be TPS Triple Tap or approved equal. 16. Fire Hydrants shall be Kennedy K-81 D or Waterous Pacer and shall conform to AWWA C502. Note: Waterous Pacer hydrants shall be installed with a Boston Operating Nut. 17. 4” Storz pumper nozzle connections are required on all South Burlington fire hydrants. Spring loaded hydrant flags and Storz connections shall be installed before new lines are turned on by the Department. #SD-21-19 Findings of Fact and Decision 11 11 of 16 18. No connection or taps shall be located within 3 pipe diameters of any other fitting or pipe joint. Example: If tapping a 12” water line the tapping saddle must be a minimum of 36” away from the nearest joint in the 12” water line. 19. Connections will only be permitted between the hours of 7:00am and 3:00pm on regular Champlain Water District business days, except Fridays. All connections must be completed by 3:00pm; connections that cannot be completed by 3:00pm may be suspended and completed the following business day. A suspended tap may entail back filling the excavation until the following day. CWD personnel have the authority to suspend connections that they deem cannot be completed within the time period stated above. 20. No water lines shall be installed after November 15 or before April 1 without prior approval of the appropriate CWD Division. The appropriate CWD Division may restrict work before November 15 and after April 1 during adverse weather conditions. CWD does not allow excavating for water mains during the winter months except by special permission. 21. The SBWD shall provide more comments as this project progresses through further plan reviews. The plans have changed but the comments of the SBWD are still applicable. The Board finds the applicant must address the comments of the SBWD as part of the final plat application. The Board finds the applicant must demonstrate preliminary water and wastewater allocation as part of the final plat application. (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 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. The project will disturb more than one acre of land and therefore will be required to obtain a state General Permit for construction. The Board will review this criterion in more detail at final plat. (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 project is proposed to generate 25 vehicle trips per PM peak hour. 15.12F requires the project not result in level of service below “D” at the adjacent major roadway, and at the nearest signalized intersections. The Board finds no detailed traffic study to be necessary for this project. The applicant is proposing a crosswalk on Spear Street at the entrance to the project connecting to the existing recreation path. The City Council decision granting interim zoning exception (IZ-20-02) found that the applicant must include a Repeating Rapid Flashing Beacon (RRFB), or other infrastructure designed to facilitate pedestrian and bicycle crossing from the subject parcel to the Spear Street recreation path in its application to the Development Review Board. A RRFB has been provided. The Board finds that the applicant must work with the Director of Public Works to determine the appropriate location for the RRFB, and propose a timeline for its completion relative to the number of homes constructed, at the final plat stage of review. It is unclear what surface treatment is proposed for the internal rec paths and sidewalks. The Board finds the rec path segments shall be asphalt and the sidewalks concrete. (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 #SD-21-19 Findings of Fact and Decision 12 12 of 16 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 project is proposed to impact two areas of Class III wetlands and buffers. The Board finds they have no issues with the proposed wetland impacts. (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. Visual compatibility and compatibility with the comprehensive plan are addressed in accordance with 14.06A above. (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 applicant is proposing an interior commons area. The Board finds the applicant shall propose a timeline for completion of the interior commons area relative to the number of homes constructed as part of the application for final plat. The eastern portion of the property contains a large area of wetland which will be retained. The eastern portion also contains a trail behind the proposed easternmost buildings. The Board finds this criterion met. (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 Fire Chief did not provide comments on this application. The Board finds the applicant must meet with the South Burlington Fire Department to review the project prior to application for final plat. (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. (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. Most of the elements of these criteria are discussed elsewhere in this document. The Director of Public Works reviewed the revised plans submitted on March 18 and offered the following supplemental comments on March 24. x Provide a detail for the RRFB’s at the Spear street crossing so that DPW can confirm that the proposed equipment is compatible with other equipment installed in the City. This work will require a ROW permit from DPW. x The crosswalk at Spear Street shall be illuminated by a street light. Provide fixture details along with photometrics for this ped crossing. x Stormwater treatment areas (including grading) shall be removed from any proposed future City ROW. #SD-21-19 Findings of Fact and Decision 13 13 of 16 x The City shall be offered an Irrevocable Offer of Dedication for the proposed new city street. The City may not choose to exercise this Offer until such time that the street connects to future public streets. As presently constituted just within this development, the streets serve more as an internal drive than a city street that exists for the good of the general public. x Based on the plans submitted, it appears as if the applicant’s intent is for the wastewater pump station and force main to remain private. If this infrastructure is to be considered for future public ownership the pump station location will need to be revised to facilitate future connections and maintenance. The force main is currently proposed to run through a solar field, which would be problematic if repairs are necessary. The wastewater force main discharge point is proposed on the east side of the interstate at the end of the City’s ROW for Oakwood Drive. Has the applicant coordinated with the State of Vermont regarding the proposed location of the force main? This proposed manhole on Oakwood Drive is the point at which the City would assume responsibility for this infrastructure. In order to install this manhole the applicant will need to obtain a ROW permit from the DPW. x Evaluate the proposed location of the gravity sewer system. Can it be situated to facilitate future connections within the proposed new City street? x Evaluate the layout of the stormwater drainage system that is proposed. Are sufficient storm drains provided to collect and convey stormwater runoff from the proposed City street? A storm drains is located in the middle of an intersection in vehicle tire tracks instead of placed along the curb. There are potentially conflicts with UG lines. Insufficient drainage and excessive puddling would be a reason that the City does not accept this road in the future. x The sidewalks running north – south along the proposed “new city street” shall be extended to the northerly property lines x The water line running north-south along the proposed “new city street” shall be extended to the northerly property line. x All pavement markings on sections of street proposed to be public shall meet the VTrans spec for durable markings, Section 646.07, of the VTrans 2018 Standards. x Provide civil details. x Have the applicant confirm the material and width of all proposed sidewalk/path. It appears that the sidewalks in the proposed new City street are of varying size. Except as otherwise noted herein, the Board finds the comments of the Director of Public Works can be addressed at the final plat stage of review. Proposed lighting fixtures for the public street are not consistent with City standards. The Board finds the applicant must coordinate public street lighting with the Department of Public Works prior to application for final plat. Other lighting fixtures and illumination levels appear to meet the requirements of the LDR. The Board will review the proposed lighting plan in more detail at the final plat stage of review. (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). A discussion of consistency with Comprehensive Plan is provided under site plan review standards above. (11) The project’s design incorporates strategies that minimize site disturbance and integrate structures, landscaping, natural hydrologic functions, and other techniques to generate less runoff #SD-21-19 Findings of Fact and Decision 14 14 of 16 from developed land and to infiltrate rainfall into underlying soils and groundwater as close as possible to where it hits the ground. See discussion above under Site Plan Review standard pertaining to Low Impact Development. D) OTHER Energy Standards The Board notes that all new buildings are subject to the Stretch Energy Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. 13.14 Bicycle Parking and Storage One short-term space is required for every 10 units, or 4 spaces. These spaces must be located near building entrances. In July, the applicant indicated they intend to provide two long-term bicycle parking spaces per unit, which exceeds the minimum required long term bicycle parking by 32 spaces. The applicant may apply excess long-term bicycle parking towards up to 50% of the minimum required short term bicycle parking. Therefore the applicant must provide two short-term bicycle parking spaces. The Board finds the applicant must provide more specific information demonstrating how both short and long term bicycle storage requirements are met as part of the final plat application. DECISION Motion by Dan Albrecht, seconded by Dawn Philibert, to approve Preliminary Plat Application #SD-21-19 of 600 Spear FJT, LLC, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plans must be revised to show the changes below prior to final plat submission. a. Modify the existing streel building to remain to meet the criteria of 14.06B(1), 14.06C(1), and 14.06C(2). The intention of the modifications shall be to make the building appear part of this project rather than a vestige from the prior of use of the site. b. Remove electrical transformer and stormwater management systems from the proposed public right of way. c. Screen electrical transformers as required under 13.06 d. Improve compliance with 13.06B(1) by providing additional plantings to screen the northwestern parking lot, both from the adjacent parcel to the north and from the existing home to the west. e. Provide curbing adjacent to parking stalls. f. Provide one (1) major deciduous shade tree shall be provided within or near the perimeter the south western parking area, for every five (5) parking spaces. g. Provide snow storage h. Modify the public road cross section to include 5-ft of green space between the road and sidewalk on both sides of the street. #SD-21-19 Findings of Fact and Decision 15 15 of 16 i. Rec path segments shall be asphalt and the sidewalks concrete. j. Provide street lighting consistent with City standards 4. The final plat submission must include the following information. a. Demonstration of compliance with dimensional standards b. Draft legal documentation, executable upon approval, for the planned public road, including any necessary portions on the adjacent property c. Written agreement to the proposed legal documents for the planned public road by the adjoining property owner d. Address the comments of the City Stormwater Section e. Address the comments of the South Burlington Water Department f. Demonstrate preliminary water and wastewater allocation g. Erosion prevention and sediment control plans and details h. Demonstration of meeting with the South Burlington Fire Department to review the project i. Address the comments of the Director of Public Works j. Demonstration that short and long term bicycle storage requirements are met k. A proposed timeline for completion of the interior commons area relative to the number of homes constructed as part of the application for final plat. 5. The following waivers of Land Development Regulation standards are preliminarily granted a. The front setback waiver is reduced from 30 ft to 10 ft 6. The applicant must work with the Director of Public Works to determine the appropriate location for the RRFB, and propose a timeline for its completion relative to the number of homes constructed. 7. There shall be no use of herbicides, pesticides, and/or non-organic fertilizers within either the wetlands or the associated buffers. Prior to issuance of a zoning permit for the first building on the property, the applicant will be required to record a “Notice of Conditions” to this effect which has been approved by the City Attorney. 8. There will be no mowing within 50 feet of the wetlands nor can the wetland buffers be turned into lawn. Brush-hogging will be allowed no more than three (3) times per year. Prior to issuance of a zoning permit for the first building on the property, the applicant will be required to record a “Notice of Conditions” to this effect which has been approved by the City Attorney. 9. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 10. 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. 11. The final plat application must be submitted within 12 months from the date of this decision. 12. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 13. The applicant must provide to the Planning Commission a request for a name for the proposed road prior to obtaining a zoning permit for the first home. #SD-21-19 Findings of Fact and Decision 16 16 of 16 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 - 0 - 0. Signed this ___ day of April, 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 with the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802- 951-1740 or https://www.vermontjudiciary.org/environmental for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.