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HomeMy WebLinkAboutSD-23-07 - Decision - 0600 Spear Street#SD-23-07 1 1 of 15 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 600 SPEAR FJT, LLC FINAL PLAT APPLICATION #SD-23-07 FINDINGS OF FACT AND DECISION Final plat application #SD-23-07 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 6.10 acre lot containing 32 dwelling units in four-family buildings, a 1.80 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. 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. Final plat application #SD-23-07 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 6.10 acre lot containing 32 dwelling units in four-family buildings, a 1.80 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 owner of record of the subject property is 600 Spear FJT, LLC. 3. The application was received on April 18, 2023 4. 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. 5. The applicant obtained City Council approval for an exemption from interim zoning with IZ-20-02. Since the preliminary plat was submitted on May 24, 2021, the application is subject to the Land Development Regulations effective December 28, 2020. 6. 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. 7. 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. 8. The sketch plan was reviewed on October 20, 2021, and the preliminary plat was approved on April 21, 2023. 9. The plans submitted consist of the following: #SD-23-07 2 2 of 15 Plan Description Sheet No. Prepared By Last Revised Metal Building 600 Spear St EC1, A1, A2 & A3 TiMic Drafting & Design 04/04/2023 Typical 4 Unit Building 600 Spear St A1, A2, A3 & A4 TiMic Drafing & Design 04/05/2023 Cover Page C0-00 TCE 05/18/2023 Legend and Notes C1-00 TCE 05/18/2023 Existing Conditions C1-01 TCE 03/31/2023 Overall Site Plan C2-00 TCE 05/18/2023 Entrance Plan C2-01 TCE 05/18/2023 Layout & Materials Plan C2-02 TCE 05/18/2023 Grading Plan C2-03 TCE 05/18/2023 Phasing Plan C2-04 TCE 05/18/2023 Utility Plan Overview C3-01 TCE 05/18/2023 Wastewater & Water Utility Plan C3-02 TCE 05/18/2023 Stormwater Utility Plan C3-03 TCE 03/31/2023 Utility Crossing Plan C3-04 TCE 03/31/2023 Existing Stormwater Plan C4-01 TCE 05/18/2023 Proposed Stormwater Plan C4-02 TCE 05/18/2023 Annotated Maintenance Plan C4-03 TCE 03/31/2023 Overall EPSC Plan C5-01 TCE 05/18/2023 Plan & Profile C6-01 & C6-02 TCE 05/18/2023 Sewer Plan & Profile C6-03 TCE 03/31/2023 Site Details C8-101 TCE 03/31/2023 Site Details C8-102 TCE 05/18/2023 Sanitary Details C8-201 & C8-202 TCE 03/31/2023 Pump Station Profile C8-203 TCE 03/31/2023 Pump Station Plan View C8-204 TCE 03/31/2023 Water Details C8-301 TCE 05/18/2023 Stormwater Details C8-401 & C8-402 TCE 05/18/2023 Stormwater Notes C8-403 TCE 03/31/2023 Erosion Details C8-501 TCE 03/31/2023 EPSC Low Risk Handbook Sheet 1 C8-502 TCE 03/31/2023 EPSC Low Risk Handbook Sheet 2 C8-503 TCE 03/31/2023 Emergency Vehicle Diagram C10-01 TCE 03/31/2023 Snow Storage Diagram C10-02 TCE 05/18/2023 Marking & Signage Plan C10-03 TCE 05/18/2023 Landscape Plan LA1-01 & LA1-02 TCE 05/18/2023 Landscape Details LA2-01 TCE 05/18/2023 Landscape Details LA2-02 TCE 03/31/2023 Lighting Plan LI1-01 TCE 05/18/2023 P.U.D. Plat S1-02 TCE 05/18/2023 #SD-23-07 3 3 of 15 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, and open space. The applicant has indicated an intent to install a solar PV array across a portion of this easternmost lot, between the homes and the Interstate. The maximum lot coverage is 40% for residential use and 20% for non-residential use. At preliminary plat, the Board found 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 were likely to be met, but required the applicant to demonstrate compliance with dimensional standards at the final plat stage of review. Residential 4 Zoning District Required Existing Proposed Lot 1 Proposed Lot 2  Min. Lot Size 6,000 s.f./unit residential, 40,000 s.f. non- residential 8.63 ac  Max. Building Height 28’ pitched 22’ commercial, 28’ residential 22’ commercial, 28’ residential 24.5 ft.  Max. Building Coverage 20% Residential; 30% Non-residential 3% Max. Overall Coverage 40% Residential; 60% Non-residential 6%  Max Front Setback Cov. 30% Non-residential See note.  Min. Front Setback, Spear St 50 ft. from Planned ROW (Total 58 ft.) 72 ft. 72 ft. n/a Min. Front Setback, all other streets Waiver to 10 ft. approved at preliminary plat N/A 10 ft 10 ft  Min. Side Setback 10 ft. Appx 10’ Appx. 10’ 55 ft  Min. Rear Setback 30 ft. Appx. 925’ N/A Appx. 550 ft  Zoning compliance Note: The property includes a pre-existing nonconformity consisting of a construction business, which is a commercial use. The portion of the existing front setback coverage for the commercial use is far less than 30%. The proposed use of the existing building is approximately 4,050 sf contractor or building trade facility (how the current LDR would define construction business) and the remaining approximately 4,005 sf a common space for residents. The portion approved as contractor or building trade facility is an existing non-conformity that is permitted to remain. By obtaining a zoning permit to change the use of 4,005 sf to residential common space, the applicant will be removing the non-conforming approval for that portion of the building. B) SITE PLAN REVIEW STANDARDS 14.6 General Review Standards #SD-23-07 4 4 of 15 Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: 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 at preliminary plat found 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 Board found at preliminary plat that 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 in multi-family structures, 30 parking spaces are required. The applicant is proposing 67 off-street parking spaces and eight on-street parking spaces. (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 Board found this criterion met at preliminary plat. No changes affecting compliance with this criterion 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. The Board found this criterion met at preliminary plat. No changes affecting compliance with this criterion 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. (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 preliminary plat hearing, the Board discussed with the applicant that the existing steel building to remain does not relate well to the proposed structures. The Board concluded that in order to meet these criteria, modifications to the steel building are necessary to make the building appear as part of this project rather than a vestige from the prior use of the site. The Board and applicant reviewed several potential avenues to improve compliance. The applicant has proposed modifications to the interior and exterior of the building, described in an Architectural Memo and shown on the project plans. #SD-23-07 5 5 of 15 The applicant testified that integration is being achieved by the layout of the site. The appearance is changed by painting the building similar to UVM barn colors, converting an overhead door to a window space on east side, and having the south window area access a co-working space for tenants. As noted above, the applicant intends to retain the west of the building for a business use consisting of lawn mowing equipment and management of the solar field, which the Board finds constitutes “contractor or building trades facility.” The Board finds the proposed improvements to the existing building to remain successfully create a harmonious relationship between it and the proposed development, and considers this criterion 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 at preliminary plat found the north-south roadway and sidewalks must be extended to the northern and southern property boundary as part of the final plat application. The applicant has made this modification. The applicant has provided a draft irrevocable offer of dedication (IROD) and warranty deed for the future public roadway which must be reviewed and approved by the City attorney prior to issuance of a zoning permit for the proposed roadway. As noted by the Director of Public Works at the preliminary plat stage of review, the City may not choose to exercise the offer until such time that the streets connect to future to be public streets. As presently constituted just within this development, the streets serve more as internal drives than city streets that exist to the good of the general public. Maintaining the streets in the winter would also be problematic under the current proposal given the demarcation point between proposed public and private streets. At preliminary plat, 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. The draft legal document conveys the land to the applicant but does not permit the applicant to convey the necessary land to the City of South Burlington. Since this is a proposed public road, the Board finds the applicant must revise their easement document to allow the applicant to convey the lands on the adjoining land to the City of South Burlington. 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 applicant has screened the transformer as required under 13.06. The Board finds this criterion met. 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. #SD-23-07 6 6 of 15 The Board found this criterion met at preliminary plat. No changes affecting compliance with this criterion are proposed. 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 $4,000,000. The required minimum landscape value would therefore be $47,500. The applicant has provided $82,605 in trees and shrubs, perennials, and a large quantity of plantings in the stormwater treatment areas. Street trees valued at $24,730 are not considered as contributing to the required minimum landscaping cost and are not included in the above numbers. Required minimum landscaping costs are 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 found at preliminary plat that 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. The Board finds the condition of preliminary plat to have been addressed. (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 #SD-23-07 7 7 of 15 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. The Board at preliminary plat included a finding requiring the portions of the north western parking area adjacent to the landscaping area and the portion of the north eastern parking area adjacent to the sidewalk to be curbed. The Board finds the applicant has addressed this condition of preliminary plat. (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 plans, and Staff shared the comments with the applicant. The applicant updated the plans on May 25. The Board finds the comments to have been addressed. (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. The Board finds this criterion met. (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 for the parking lot shade trees. (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. The Board finds the applicant must revise the plans to remove the snow storage area from the tree bed north of Building 3. There is adequate snow storage without this area. While it ultimately is the applicant’s responsibility to maintain landscaping in a vigorous growing condition, the approved configuration should be such that the applicant is likely to be able to meet this responsibility. 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. #SD-23-07 8 8 of 15 (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 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 trash enclosures is discussed under 14.07C 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 approved at preliminary plat 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 five treatment areas. This represents a further consolidation of stormwater treatment when compared to the preliminary plat plans. The City Stormwater section reviewed the plans, provided feedback, and the applicant submitted revised plans on May 25, 2023. The City Stormwater section reviewed the revised plans on May 30, 2023 and offers the following comments. 1. Sheet C3-03: Pipe from DMH 5 to Gravel Wetland 4 conflicts with solar field fence. Please ensure clear access to entire length of pipe for future maintenance. Applicant Response: This pipe has been realigned to avoid conflict with the solar field fence. See updated C3-03 Stormwater Utility Plan in the revised plan set. City follow-up comment: No updated sheet C3-03 was received. On C2-00, C2-03, C4-02 and others, the pipe was still shown in conflict. 2. Sheet C8-402: a. Gravel wetland detail: 6” perforated subdrain is called out as wrapped in fabric. Please remove fabric detail to minimize clogging. b. Perforated riser detail: please provide justification for fabric around perforated riser. Applicant Response: Fabric has been removed from both the subdrain and riser details. See updated Sheet C8-402, attached. City follow-up comment: The Gravel Wetland – Typical Section detail on C8-402 still has a note to #SD-23-07 9 9 of 15 wrap the 6” underdrain in fabric. 3. EPSC: please consider using the footprints of the gravel wetlands as temporary sediment basins during construction. Applicant Response: Sheet C5-01 has been updated to include use of the gravel wetland footprints as temporary sediment basins during construction. City follow-up comment: The callout provided is very vague. Notes/details should be provided to make it clear to the contractor that the footprint of the gravel wetland can be used as a temporary sediment basin during construction and then reconstructed into a gravel wetland once the contributing drainage area is stabilized. The Vermont Standards and Specifications for Erosion Prevention & Sediment Control also provide additional details on Temporary Sediment Basins. The Board finds the applicant shall modify the gravel wetland notes and details to the satisfaction of the City Stormwater Section. 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. The Board finds this criterion met. 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 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. The Board found this criterion met at preliminary plat. No changes affecting compliance with this criterion are proposed. E. Standards for Construction of Roadways (1) All streets shall be constructed completely by the applicant. #SD-23-07 10 10 of 15 (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. The applicant has proposed 20-ft of drive lane and 8-ft of parking where parking exists. See comments regarding right of way dedication above. The required 5-ft of green space between the street and the sidewalk has been provided. The applicant has provided at-grade crossings at the bike path south of the metal building, and at the mid-block crossing on the north-south segment of the proposed public roadway. The Board finds the applicant shall remove the detectable warnings at those crossings. The other sidewalk crossings are tipped down at the curb, therefore a detectable warning must be provided. The Board finds the applicant must clarify this configuration by adding spot grades to the plan. (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 Board found this criterion met at preliminary plat. No changes affecting compliance with this criterion are proposed. 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 May 30, 2023 and offers the following comments. 1. Water lines outside the City ROW are considered private. Access must be granted to the SBWD to perform routine maintenance and access to building shut-offs for planned, unplanned, and disconnection purposes. Sheet Specific Comments-Plan Sheet C3-02 1. Remove the second 4” gate valve before each flushing hydrant as they are duplicates. 2. The water main on the incoming road off Spear Street still shows 8”C900. Is this supposed to be 8” DI? 3. See CWD Specs for service line material requirements. 4. Contact Nate Pion, CWD Chief Engineer for comments regarding the bike path connection over the CWD transmission main on Spear St. 5. Water Details must be those found in the CWD Specifications. The Department will not accept any pipe or material that is not in compliance with the CWD Specifications. 6. Additional comments are found directly on the Wastewater and Water Utility Plan, Sheet C3-02. The applicant has received preliminary water and wastewater allocation. #SD-23-07 11 11 of 15 The Board finds the applicant shall modify the plans to address the comments of the South Burlington Water Department as a condition of approval. The applicant has obtained concurrence of Nate Pion, CWD Chief Engineer, and the South Burlington Deputy Director of Capital Projects for the design of the bike path connection over the CWD transmission main. (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. Comments related to erosion prevention and sediment control are incorporated into the Stormwater Section’s comments above. (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 calculated as generating 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 connection and RRFB has been provided. The applicant testified they will construct the crosswalk, connection and RRFB after phase 1 and before phase 2. In order to prevent the crosswalk, connection, and RRFB from being subject to a separate zoning permit, the Board finds the applicant shall complete the crosswalk, connection, and RRFB as part of phase 2. (4) The project’s design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project’s impact on natural resources. The project is proposed to impact two areas of Class III wetlands and buffers. The Board found this criterion met at preliminary plat. No changes affecting compliance with this criterion are proposed. (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. #SD-23-07 12 12 of 15 The Board at preliminary plat found the applicant must 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 applicant has proposed a phasing plan on sheet C2-04. The Board approves the proposed phasing. (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 Marshal’s office reviewed the provided plans on April 21, 2023 and indicated that due to the narrower width of the east-west segment of roadway, no parking signs should be provided on both sides of the street. The applicant has addressed this comment and incorporated no parking signs into the plans. (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 provided the following comments on May 5, 2023. • The applicant is informed, and understands, that this pump station and force main will remain privately owned. The City will not take responsibility for a force main that runs under the interstate. • The applicant must coordinate with CWD and the City of South Burlington to design a connection to the path on Spear Street that meets ADA standards and reasonably accommodates the CWD transmission main in this location. Proposed lighting fixtures for the public street are consistent with City standards. City policy is to limit illumination except at street intersections. The applicant’s proposed lighting plan is consistent with this policy. Private lighting fixtures and illumination levels appear to meet the requirements of the LDR. (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 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. #SD-23-07 13 13 of 15 D) OTHER Energy Standards All new buildings are subject to the Stretch Energy Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. In addition, new buildings must comply with the City Heating Ordinance. These standards apply to buildings for which zoning permits have not yet been applied, regardless under which LDR they were approved. 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. It appears the applicant has provided two short-term bicycle parking spaces per building, for a total of 16, as well as two short-term bicycle parking spaces at the existing building to remain. Long-term bicycle parking spaces are required to be distributed between uses and entrances. The Board finds bicycle parking standards to be met. DECISION Motion by Dawn Philibert, seconded by Frank Kochman, to approve Final Plat Application #SD-23-07 of 600 Spear FJT, LLC, subject to the following stipulations: 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 and project documents must be revised to show the changes below and shall require approval of the Administrative Officer. a. Revise the Cross Easement Agreement to allow the applicant to convey the lands of the street right-of-way to the City of South Burlington. b. Remove the snow storage area from the tree bed north of Building 3. c. Modify the notes and details for the gravel wetland to make it clear that the footprint of the gravel wetland can be used as a temporary sediment basin during construction and then reconstructed into a gravel wetland once the contributing drainage area is stabilized, to the satisfaction of the City Stormwater Section. d. Clarify whether crossings are at grade or tipped down by adding spot grades to the grading plans. e. Remove detectable warnings at at-grade sidewalk/path crossings and add detectable warnings at tipped down sidewalk/path crossings. f. Modify the plans to address the comments of the South Burlington Water Department 4. The following waivers of the Land Development Regulations are granted #SD-23-07 14 14 of 15 a. The front setback is reduced from 30 ft to 10 ft 5. Any changes to the final plat plan will require approval of the South Burlington Development Review Board. 6. The final plat plan (sheet S1-02) 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. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. 7. 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. 8. The plat must be recorded prior to zoning permit issuance. 9. The applicant must obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 10. The Spear Street crosswalk, rec path connection, and RRFB shall be completed as part of Phase 2 of the project. 11. 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. 12. 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. 13. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 14. 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. 15. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present John Moscatelli 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 5 – 0 – 0. #SD-23-07 15 15 of 15 Signed this ___ day of June, 2023, 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.