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HomeMy WebLinkAboutMinutes - Development Review Board - 06/02/2014 The South Burlington Development Review Board held a regular meeting on Tuesday, 2 June 2014, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. MEMBERS PRESENT: T. Barritt, Chair; J. Smith, A. Klugo, J. Wilking ALSO PRESENT: R. Belair, Administrative Officer; R. Schuler, J. Stewart, A. Wyncoop, S. Gregory, M. O’Brien, L. Michaels, D. Burke, N. Smith, J. Frank, M. Greco, L. Beasimer, P. Simon, C Snyder, A. Rowe, G. Rabideau, D. Marshall, B. Doucevicz 1. Announcements: No announcements were made. 2. Continued miscellaneous application #MS-14-05 of Robert Dumont Family Trust for approval to impact 1,406 sq. ft. of Class II wetland buffer zone with a driveway to serve a two-family dwelling, 37 Birch Street: The applicant indicated they have received a wetland permit from the state. Mr. Barritt asked if the duplex has been approved. Mr. Belair said it does not need Board approval. No issues were raised. Mr. Wilking moved to close #MS-14-05. Ms. Smith seconded. Motion passed unanimously. 3. Design Review Application #DR-14-03 of Malone Dorset Street Properties, LLC, for after-the-fact approval to modify the building elevations, 200 Dorset Street: Mr. Simon said that minor changes happened during construction. He showed the building elevations and indicated that on the Dorset Street façade, there are now 3 large window areas as opposed to the 2 which were approved. The aluminum is also slightly different from what was approved. The dimensions are the same. On the parking lot façade, there are 7 sections instead of 6 panel areas as approved. This is due to the columns in the building. On the parking lot façade, there are 4 small window/door areas instead of the 2 approved. They still function the same way. Mr. Simon also noted that they became aware today that Healthy Living has a stack installed on the west side of the building. The applicant explained that they applied for approval to add this. They were to screen the stack. About 2 years ago, this disintegrated. When they went to put up the screen again, they were told by the Fire Department it was not allowed. Mr. Simon said they were told the screening had to be 3 feet away, and there is no room for that. They would like it approved as is. Mr. Belair said the kitchen under the stack was approved separately after the building was built. The plan showed 5 potted trees on the deck to screen it. The trees were there until recently found by the Fire Department. Mr. Belair read from the regulations regarding screening of rooftop devices and how the Board has to make a decision on this. Mr. Klugo suggested adding another piece of art work to screen the stack. Mr. Wilking noted that if the stack were painted beige, it would just about disappear. Mr. Barritt said he’d never driven by and found it to be awful. Mr. Klugo said this is a gateway to the City Center, and he didn’t think leaving it or painting it or having clapboard siding was in keeping with that location. Ms. Smith agreed. Mr. Barritt was concerned with the unusual financial burden. The applicant said the art work on the side of the building cost $10,000. Mr. Simon asked the Board to just grant the approval for the Trader Joe’s changes. Mr. Wilking moved to close #DR-14-03. Mr. Klugo seconded. Motion passed unanimously. 4. Conditional Use Application #CU-14-03 & Site Plan Application #SP-14-12 of Steve Gregory to amend a previously approved plan for a 60,000 sq. ft. multi-tenant industrial building. The amendment consists of: 1) eliminating the restrictions on the hours of operation, and 2) the addition of one cremation retort, 472 Meadowland Drive: Mr. Michaels explained that they no longer own this unit, but they still oversee other units in the building. Mr. Gregory then noted they have been operating since July, 2012 and there have been no complaints about their operation. They want to add a cremation unit and eliminate the restriction on hours of operation due to the need for a “cool down period.” Mr. Barritt noted receipt of 2 letters of support from commercial neighbors. Mr. Barritt asked if they are audited by the state. Mr. Gregory said they are audited every 2 years and have passed with flying colors. Mr. Belair said the city has received no complaints, and staff has no issues with the requests. Mr. Schuler, a neighbor, said he wasn’t opposed to the expanded activities but was concerned with environmental issues regarding mercury emissions. Mr. Gregory said the numbers cited are not close to being real numbers. They do about one/fourth of the volume cited. He noted that the Allen Road crematorium does more business than they do and has no restrictions. Mr. Belair noted the LDRs don’t limit the amount of mercury levels; that is a state issue. Mr. Barritt said he would like input from the rest of the Board on this. Mr. Wilking said if he could see the figures on the number of cremations in the past years, and if that’s only one‐fourth of the potential, it would make a difference on how he views the application. Mr. Gregory said his only concern with that is provided those figures for the competition to see. He did agree to furnish the state inspection report. Mr. Michaels asked if the hours of operation could be approved separately and then deal with the additional retort. Mr. Belair said that would have to be a separate application. Mr. Gregory agreed to withdraw the request for the additional retort with the ability to come back with the request at a future time. Mr. Wilking moved to close #CU-14-03 and #SP-14-12. Mr. Klugo seconded. Motion passed unanimously. 5. Preliminary and Final Plat Application #SD-14-14 of The Snyder South Pointe Limited Partnership to amend a previously approved planned unit development consisting of 32 single family dwellings. The amendment consists of removing one single family dwelling and replacing it with four single family dwellings, 111 Upswept Lane: Mr. Barritt noted the landscape requirement is $90,100. The applicant wants to spend $10,400 with the remainder as credit for an existing tree-line. Mr. Snyder showed the existing tree-line on the plan. Mr. Belair said the Board can give credit for existing landscaping. Mr. Snyder showed how difficult it would be to put in more landscaping due to the physical quality of the land. Mr. Barritt was concerned with screening in front. Mr. Snyder said they could up the caliper of street trees, but there wasn’t much they could do with landscaping near the units. Members were OK with the landscape request. Mr. Frank, a neighbor, said his concern is with the water pressure issue. He said has had been told by John Tymecki that these 4 homes won’t adversely affect water pressure. Mr. Wilking moved to close #SD-14-14. Mr. Klugo seconded. Motion passed unanimously. 6. Final Plat Application #SD-14-15 of Rye Associates to subdivide an 18.01 acre parcel into 30 lots for development of: 1) 36 single family dwellings, 2) four 4-unit multi-family dwelling and 3) a 5,100 sq. ft. general office building, 1075 Hinesburg Road: Mr. Marshall reviewed a Fire Department issue regarding emergency access. He showed the area at issue and noted that Justin Rabideau has said he wouldn’t make the road wider. Street names are still pending. Suggestions are Summer Lane, Morgan Circle and Rye Circle. Mr. Rabideau showed how posts will provide visual separation. Mr. Klugo felt 6 feet was too high for the posts. Mr. Doucevicz suggested 3 feet, painted the same color as the houses. Members agreed to 3 feet in height, 30 feet on center, resulting in 1/3 as many as previously suggested. Mr. Marshall noted they have gone to LED lighting. Mr. Belair said they need to add bike racks for the 4-plexes and for the commercial buildings. Mr. Rabideau said they have been made aware that the landscape value has been overstated. They are asking to make adjustments on a lot-by-lot basis. He said they calculated using sale prices instead of construction costs. This is important because of the affordable housing component. Mr. Belair said if the applicant can have revised plans by Friday, the Board can have them at the same deliberative session and can have the City Arborist look them over. Mr. Klugo said he was comfortable with a $10,000 reduction. Mr. Rabideau said they will submit a revised landscaping plan with the error corrected and plantings updated. Mr. Belair was OK with this. Mr. Klugo expressed an issue with the stone facing in front of the buildings. Mr. Rabideau said the developer has a similar concern. They will come back with new elevations. An audience member asked about the cottage units. Mr. Rabideau explained this is a new concept. The units will have no garages and will use a common parking area. The audience members expressed concern that this will lower property values in the area. Mr. Rabideau said it has not been shown to do so. He added that these units are very popular with younger and older people. The units share an inner garden space. Mr. Rabideau said they are hoping to start construction this summer. They have a commitment for the commercial building and that will be among the first to be built. An audience member asked if there is anything planned where this backs to Oak Creek. Mr. Rabideau said there will not be fence although individual home owners may put in fencing to protect children. Mr. Wilking moved to continue #SD-14-15 to June 17th. Ms. Smith seconded. Motion passed unanimously. 7. Other Business: No issues were raised. As there was no further business to come before the Board, the meeting was adjourned at 9:30 p.m. Clerk July 15, 2014, Date Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD Development Review Board\Staff Comments\Working Folder\ MS_14_05_37BirchStreet_Dumont DEPARTMENT OF PLANNING & ZONING Report preparation date: May 30, 2014 Application received: April 15, 2014 AGENDA ITEM #2 37 Birch Street Miscellaneous Application #MS-14-05 Meeting date: June 3, 2014 Applicants/Owners Robert Dumont Family Trust c/o Attorney Norm Smith PO Box 24 Essex Junction, VT 05453 Property Information Tax Parcel ID Residential 4 District CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING PROJECT DESCRIPTION Miscellaneous application #MS-14-05 of Robert Dumont Family Trust for approval to impact 1,406 sq. ft. of Class II wetland buffer zone with a driveway to serve a two-family dwelling, 37 Birch Street. COMMENTS Administrative Officer Ray Belair and Planner Temporary Assignment Lee Krohn, AICP (“Staff”) have reviewed the plans submitted on April 15, 2014, and offer the following comments. This project involves the construction of 140 foot long driveway to serve a new residential duplex, and associated site work, fill, grading, retaining wall, and buried domestic water line within the driveway footprint. Roughly 80 feet of the driveway, fill area, and block retaining wall lie within the 50-foot regulatory buffer area adjacent to a Class 2 wetland located on the property. The total land area affected is 1,406 sq. ft. The applicant has filed a complete application with the Agency of Natural Resources (ANR), and Vermont General Wetland Permit #3-9025 was issued on April 9, 2014. This ANR permit allows the applicant, “To construct sections of a driveway and buried utility line for a proposed duplex with 0 square feet of total wetland impacts and 1,406 square feet of total buffer zone impacts.” Upon review of the site plan, there does not appear to be any other way to access this property except by going through the wetland buffer. There is limited property frontage at the end of Birch Street, and the driveway already hugs the other adjoining boundary in the corner of the lot as closely as possible. The only other option would run the driveway right through the wetland itself, which is impractical, unworkable, and unlawful. 12.02 Wetland Protection Standards and Review Procedures A. Purpose. It is the purpose of this Section to provide appropriate protection of the City’s wetland resources in order to protect wetland functions and values related to surface and ground water protection, wildlife habitat, and flood control. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of south Burlington adopted comprehensive plan and are in accord with the policies set forth therein. C. Wetlands Map and Applicability of Standards. (1) All wetland areas within the City of South Burlington, whether identified on the map entitled “Wetlands Map” as set forth in Section 3.02 of these regulations or as identified through field delineation, and a buffer area fifty (50) feet horizontal distance surrounding the boundary of any such wetland, shall be subject to the provisions of this section. (2) In the absence of site-specific delineations, the City’s Wetlands Map shall control as to the location of wetlands and wetland buffer areas subject to the provisions of this section. D. Submittal and Review of Field Delineation and Wetlands Report (1) For all properties for which any application for development requiring DRB review is made, and on which any wetland areas are indicated on the Wetlands Map, applicants are strongly encouraged to submit site specific field delineations indicating the location, classification, functions and values of all wetland areas (Class I, II and III) and an associated fifty (50) foot buffer area. In the absence of such site-specific delineations and information, the City’s Wetlands Map shall control. (2) Applicants are encouraged to submit a field delineation and wetlands report as early in the development review process as possible. (3) The DRB shall have the authority to invoke technical review by a qualified wetlands consultant of any field delineation and wetlands report. The City’s wetlands consultant shall submit an evaluation of the field delineation and wetlands report addressing the proposed development’s consistency with the standards in (D) above, and outlining the following: CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING (a) Measures that can be taken to improve the overall effect of the project on wetland resources without altering the layout of the proposed project. (b) Measures that can be taken to improve the overall effect of the project on wetland resources that involve altering the layout of the proposed project. E. Standards for Wetlands Protection (1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is generally discouraged. (2) Encroachment into Class II wetlands is permitted by the City only in conjunction with issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3) below. (3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland buffers, may be permitted by the DRB upon finding that the proposed project’s overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. As described above, the applicant has already obtained what is now called a Vermont Wetlands Permit from the state (formerly known as a Conditional Use Determination). The ANR found no undue, adverse impact upon this Class 2 wetland buffer, and required typical erosion control and other protective measures (as proposed) to protect the wetland and its buffer. It also required post-construction certification that the driveway and site work were completed as proposed and approved. The above criteria are similar to the criteria used by the Agency of Natural Resources (ANR) in evaluating the encroachment into a class II wetland, therefore, since the ANR did issue the wetland permit. Staff feels the above criteria are met. Although local approval is also needed, there is nothing in the LDRs that would lead staff toward a different or contradictory outcome. Access to the property must be provided, and the proposed driveway appears to be in the least impactful location possible. Presuming that the DRB follows the state’s lead, including similar conditions will add parallel strength to that local approval. Respectfully submitted, ________________________________ Raymond J. Belair, Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Development Review Board FROM: Ray Belair, Administrative Officer and Lee Krohn, AICP, Planner Temporary Assignment DATE: May 30, 2014 Cc: Paul Simon/White + Burke, Applicant Re: Agenda #3, June 3, 2014 DEVELOPMENT REVIEW BOARD Design Review Application #DR-14-03 200 Dorset Street Design review application #DR-14-03 of Malone Dorset Street Properties, LLC for after-the-fact approval to modify the building elevations, 200 Dorset Street. The below listed changes were made without DRB approval and consequently were not issued a Certificate of Occupancy. This application is to bring the building into compliance. 1. West Elevation/Dorset Street façade includes three larger window areas, vs. two large window areas as approved originally. 2. East Elevation/parking lot façade includes seven hardie-panel sections vs. six as approved. 3. East elevation/parking lot façade includes four smaller window areas vs. two as approved. “As built” design elevations were submitted as part of the application materials, and are included in your packet for review. As always, it is important to consider these changes in context of overall building design, and whether they would have been approved if proposed originally under the LDRs; in other words, not just because the building has already been constructed that way. You are all familiar with the detailed performance standards for design review in this vicinity; this site itself is located in Design District 1 of the City Center Design Review Overlay Districts. Generally in this City Center design overlay, issues to consider include the following: (1) Building Design (a) Consistent design. Building design shall promote a consistent organization of major elements; and decorative parts must relate to the character of the design. All sides of a building shall be designed so that they are compatible in terms of material, window treatments, architectural accents, cornice/parapet design, etc. In Design Districts 1 and 3, the design of a building should consider the design features of other structures in the area so as not to be harshly discordinate with other nearby buildings. (b) Materials used. High quality, attractive materials shall be used on all buildings. Natural, indigenous materials of stone and masonry are highly encouraged, if not required. Specific requirements for each Design District are as follows:. ………………. (ii) Design District 2. A wide variety of both natural and high quality man-made materials are allowed. Examples of acceptable materials include red brick, indigenous stone (i.e., granite, limestone, and marble), architectural concrete, synthetic stucco, wood clapboard (synthetic materials such as vinyl siding may be used in place of wood provided it is of high quality and closely resembles wood clapboard/shingles), and glass or glass block. Other materials may be used as an architectural accent provided they are harmonious with the building and site. Examples of unacceptable materials include metal skin and laminated wood (e.g., T-111). (c) Colors and textures used. The color and texture of the building shall be harmonious with the building itself and with other buildings on the site and nearby. Colors naturally occurring from building materials and other traditional, subdued colors are encouraged. More than three (3) predominant colors are discouraged. (d) Windows and doors. Window and door treatment (i.e., the arrangement of windows and doors into a pattern) shall be a careful response to the buildings interior organization as well as the features of the building site. The treatment of windows and doors shall be in a manner that creates a rhythm that gives necessary order and unity to the facade, yet avoids monotony. In Design Districts 1 and 2, for sides of buildings that front or face a public street, existing or planned, the majority of the first floor’s facade area shall consist of see-through glass in order to promote pedestrian activity, however, the windows and/or doors should be of a human scale so as to welcome, not overwhelm, the pedestrian. (e) Use of “human-scaled” design elements. Larger buildings shall incorporate the use of design elements, such as pilasters, colored or textured bands, or window and door treatments, in order to reduce the larger building’s apparent overall size and, therefore, avoid a large or long monotonous appearance. (f) Roofs as a design element. Roofs shall be part of, or define, the style of a building. They shall be used creatively to break up long facades and potentially long roof lines. Specific requirements for each Design District are as follows: (i) Design Districts 1 and 2. For one-story structures, the minimum and maximum slope of a pitched roof shall be 8 on 12 and 12 on 12, respectively. Only a small portion of roof area on one-story buildings may be flat provided it is not visible from the public street, existing or planned, and does not detract from the overall design and harmony of the building. For structures of two (2) or more stories, the minimum and maximum slope of a pitched roof shall be 5 on 12 and 12 on 12, respectively. Where flat roofs are used, particularly on structures of two (2) or more stories, architectural elements such as cornices and parapets shall be included to improve the appearance and provide interest. Large, low- slope (i.e., less than 5 on 12) gable forms are discouraged. (g) Orient buildings to the public street. Buildings shall be designed in a manner that relates the building to the public street in order to protect the integrity of city blocks, present an inviting street front and promote traditional street patterns. In Design Districts 1and 2, new buildings shall be built to the street property line. The Development Review Board may approve building locations, or portions thereof, that are set back from the street property line, provided, the Development Review Board finds the overall site layout to be in conformance with the City Center goals. The primary entrance to buildings shall be designed as such and shall be oriented directly on the public street rather than facing parking lots. The upper floors of taller buildings (i.e., floors four (4) and up) may need to be “stepped back” or otherwise sited to avoid creating a “canyon” effect and to maintain a pedestrian friendly public edge. In all Design Districts, for existing buildings undergoing renovation, improvements shall be done to relate the building better to the public street. Such improvements could include the installation of doors and windows along the sides of the building facing the public street, or the construction of walkways between the building and street. (h) Conceal rooftop devices. Rooftop mechanical equipment and appurtenances to be used in the operation or maintenance of a structure shall be arranged so as to minimize visibility from any point at or below the roof level of the subject structure. Such features, in excess of one foot in height, shall be either enclosed by outer building walls or parapets, or grouped and screened in a suitable manner, or designed in themselves so that they are balanced and integrated with respect to the design and materials of the building. (i) Promote energy efficiency. Where feasible, the design of a building should consider solar energy and the use of natural daylight by capturing the sun’s energy during the winter and providing shade during the summer. (j) Pedestrian promenade along Market Street. In Design District 1, the provision of a covered pedestrian promenade along Market Street is required in order to protect pedestrians from inclement weather and promote walking. Any pedestrian canopy, or portion thereof, that is proposed to be located within or encroach into the public R.O.W. shall meet the specifications identified in the City Center Streetscape Guidelines. An applicant may elect to incorporate a covered pedestrian promenade as a component of the building and completely on the applicant’s property, provided the promenade is at least 10 feet high and 8 feet deep. The Development Review Board may waive the requirement for a covered pedestrian promenade or canopy on a building or portion thereof if the Development Review Board finds that the block on which the building is located is adequately covered by other existing promenades/canopies. Staff has reviewed the above criteria and feel that the proposed changes are in compliance with those standards. M E M O R A N D U M To: South Burlington Design Review Committee From: Paul Simon Date: May 08, 2014 Re: Malone, Trader Joe’s– Memo re: Revised Elevation Plans This memo is to address on-site as-built constructed changes to the architectural elevations of the Trader Joe’s building which slightly differ than what was approved.  West Elevation: Dorset Façade as-built includes 3 larger window areas vs. approved 2 large window areas at the West building entry.  East Elevation: Parking Lot Façade as-built includes 7 hardy-panel section areas vs. the approved 6 hardy-panel section areas.  East Elevation: Parking Lot Façade as-built includes 4 smaller window areas and door panels vs. the approved 2 at the East building entry. To help understand the slight modifications, we have included the elevation drawing and revision clouds addressing the location of these three built architectural modifications. We understand these changes (relatively minor) require Design Review approval; most importantly, while slightly different than the last recorded approval, remain consistent with the cities regulations. Sincerely, Paul Simon Project Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Development Review Board FROM: Ray Belair, Administrative Officer RE: Agenda #4, Gregory - #CU-147-03 & #SP-14-12 DATE: May 30, 2014, for the June 3 hearing date Conditional use application #CU-14-03 & site plan application #SP-14-12 of Steve Gregory to amend a previously approved plan for a 60,000 sq. ft. multi-tenant industrial building. The amendment consists of: 1) eliminating the restrictions on the hours of operation, and 2) the addition of one (1) cremation retort, 472 Meadowland Drive. Included in the packet is a copy of the original 2011 DRB approval (both conditional use and site plan) for a funeral home and crematorium located in a multi-use industrial building located at 472 Meadowland Drive, in the Industrial Open Space zoning district. That decision will describe all of the performance standards relevant to this application. Proposed here is the addition of one cremation retort, and unlimited hours/days of operation, for the existing crematorium. Apparently, the original restrictions on hours (no more than eight consecutive hours per day, and only on weekdays) were based in part on concerns raised through testimony and submissions regarding potential harm from mercury emissions. The applicant has submitted two (2) letters of support from other businesses within this larger building. That is helpful information, but whether it is representative of adjoining residents remains to be seen. There are two concurrent applications filed here: both site plan and conditional use. As there are no changes proposed to the site plan, there is nothing to consider under site plan review. The real questions, if any, relate to conditional use and performance standards: traffic, noise, odors, and undue adverse impact on the planned character of the area. At least here, with several years of operational experience, both the City and the neighbors have reference points by which to judge whether expanding operational capacity, with unlimited hours of operation, may create new or undue adverse impacts not previously anticipated or approved under the original decisions. The Board should review the original decision and consider the proposed amendments in the context of their conditional use and performance standards. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING O’BRIEN MEADOWLANDS, LLC – 472 MEADOWLANDS DRIVE CONDITIONAL USE APPLICATION #CU-11-02 SITE PLAN APPLICATION #SP-11-14 FINDINGS OF FACT AND DECISION O’Brien Meadowlands LLC is seeking conditional use approval for 5,000 sq. ft. of funeral home and mortuary use (crematorium) in unit #7, 472 Meadowland Drive. The applicant is also seeking site plan approval to amend a previously approved plan for a 60,000 sq. ft. multi-tenant industrial building. The amendment consists of occupying vacant space (unit #7) with 5,000 sq. ft. of funeral home and mortuary use (crematorium), 472 Meadowland Drive. The Board held public hearings on this application on the original application on May 17, & July 19, and a public hearing on a request for reconsideration of the Board’s decision on November 15, 2011. Scott Homsted represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans ands supporting materials contained in the document file for this application, the Development Review Board, finds, concludes, and decides the following: FINDINGS OF FACT 1. O’Brien Meadowlands LLC, hereafter referred to as the applicant, is seeking conditional use approval for 5,000 sq. ft. of a crematorium in unit #7, 472 Meadowland Drive. The applicant is also seeking site plan approval to amend a previously approved plan to amend a previously approved plan for a 60,000 sq. ft. multi-tenant industrial building. The amendment consists of occupying vacant space (unit #7) with 5,000 sq. ft. of a crematorium use, 472 Meadowland Drive. 2. The owner of record of the subject property is O’Brien Meadowlands, LLC. 3. The request for reconsideration of the decision to approve this request, issued on August 31, 2011, was received on September 27, 2011 and a public hearing was held on November 15, 2011. 4. The subject property is located in the Industrial Open Space Zoning District. 5. The plans submitted consist of a plan entitled “ Site Plan Meadowlands Business Complex Lot 2 Meadowland Industrial Park 472 Meadowland Drive South Burlington, Vermont“”, prepared #CU-11-02 & #SP-11-14 2 by Krebs & Lansing Consulting Engineers, Inc., dated May 3, 2006, last revised on 4/8/11. 6. While the SBLDR do not specifically list crematoriums among conditional uses allowed in the IOS zoning district, the DRB finds such use most closely approximates the funeral home and mortuary use listed and will be reviewed under the same. In so doing, the DRB recognizes that under the SBLDR “the DRB may attach such additional reasonable conditions and safeguards as it may deem necessary to implement the purposes of these Land Development Regulations.” ( Article 2) The DRB also noted that no other use permitted as of right or as a conditional use in the IOS district would allow for the establishment of a crematorium other than funeral home/mortuary. 8. The additional conditions on operations set forth below are based on the concerns raised through testimony and submissions regarding potential harm from mercury emissions and changes to the character of the neighborhood. CONDITIONAL USE CRITERIA Section 14.01 of the Land Development Regulations, Site Plan and Conditional Use Review, General Purpose, states the following: “The site plan review process and the conditional use review process will allow the City of South Burlington to review the arrangement, layout, use interrelationships and neighborhood impacts of sites intended for development or redevelopment and to ensure the aesthetic quality of such design to conform to the character of the neighborhood and the goals of the comprehensive plan.” Specifically, pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall meet the following standards: The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. The South Burlington Comprehensive Plan indicates that the Industrial Open Space Zoning District: “was intended originally to provide land for high-quality, large-lot industries and offices whose buildings and operations are consistent with a location in an environmentally healthy and visually sensitive area adjacent to residential neighborhoods...Recently, there have been significant concerns about the suitability of this district for warehousing, particularly in areas adjacent to existing residential neighborhoods. While this area is close to the Airport and the planned highway interchange at Route 116 and I-89, the noise and visual impacts associated with truck traffic are potentially very disruptive to residential neighborhoods. This issue has been discussed during the SEQ Concept Plan; among the ideas evaluated were the creation of a warehousing sub-district adjacent to the Interstate. In any case, there was strong consensus that the zoning regulations for the IO district regarding warehousing should be re-evaluated.” #CU-11-02 & #SP-11-14 3 While the language from the Comprehensive Plan calls out warehousing uses specifically, the Board finds that the general view of the IO district as identified in the Comprehensive Plan, approved by the Planning Commission and the City Council, is that the area remains a viable location for industrial uses, provided that such uses are sensitive to the surrounding residential neighborhoods in terms of noise and visual impacts. The Comp plan goes on to list recommendations for the area, including: 3.3Continue to limit uses in the Industrial-Open Space District to clean, high quality light manufacturing, research and testing, and office uses, and take steps through zoning and development review to limit potential adverse impacts on adjacent natural areas and residential neighborhoods. 3.4 Revise the LDRs to ensure that all truck-intensive uses in the IO district are located a sufficient distance away from residentially-zoned lands to prevent adverse noise, air quality, light, and visual impacts. The Board will consider any potential adverse impacts related to noise, air quality, light, and visual impacts and whether these are consistent with the above statement. The Board will also consider the performance standards in this review. Appendix A of the South Burlington Land Development Regulations dictates: A.1 Fire and Explosion Hazards (a) All activities involving storage of flammable and explosive materials shall be provided with adequate safety and fire-fighting devices in accordance with all applicable state and local laws and regulations. (b) Burning of waste materials in open fires is prohibited. With respect to fire and explosion hazards, the Board finds that the applicant meets criteria in Appendix A, Performance Standards A.1, Fire and Explosion hazards. The application does not involve the storage of flammable and explosive material. A.2 Vibration (a) No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instrument at or beyond the lot lines, nor shall any vibration produced exceed 0.002g peak at up to 60 cps frequency, measured at or beyond the lot lines using either seismic or electronic vibration measuring equipment. (b) Vibrations occurring at higher than 50 cps frequency or random vibrations shall not induce accelerations exceeding .001g. Single impulse random vibrations occurring at an average interval greater than 5 minutes shall not induce accelerations exceeding .01g. With respect to vibration standards, the Board finds that the applicant meets criteria in Appendix A, Performance Standards A.2. No measureable vibrations will be transmitted beyond lot lines. #CU-11-02 & #SP-11-14 4 A.3 Noise (a) The following acts are declared to be loud, disturbing and unnecessary noises and shall be deemed detrimental to the health and safety of the residents of the City of South Burlington: (i) Defect in vehicle or operation of vehicle. The operation of any automobile or motorcycle in such a manner as to create squealing, or squealing of tires, or loud and unnecessary grating, grinding, exploding-type, rattling, or other noises. (ii) Loud speakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loud speaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public. (iii) Horns, signaling devices, etc. The sounding of any horn or signal on any automobile, motorcycle or other vehicle except as a danger warning; the creation, by means of any other signaling device, of any unreasonable loud or harsh sound; and the sounding of any such device for unnecessary and/or unreasonable periods of time. (iv) Radios, phonographs, etc. The using, operating or permitting to be played, used or operated of any radio or television receiving set, musical instrument, phonograph, or other machine or device for producing or reproducing of sounds in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such a machine or device is operated and who are voluntary listeners thereto. (v) Exhaust. The discharge into the open air of the exhaust of any steam engine, internal combustion engine, motor boat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (vi) Noise in general. Any noise which is deemed objectionable because of volume, frequency or beat and is not muffled or otherwise controlled. (b) Specific Standards (i) The creation of, permitting or operation of any of the above sets, instruments, devices or vehicles causing said noise in such a manner as to be plainly audible at a distance of fifty feet (50’) from the building, structure or vehicle from which noise emanates shall be prima facie evidence of a nuisance and a violation of these Regulations. (ii) It shall be a violation of these Regulations for any property owner to create or allow the creation of noise in excess of the following stated limits in the City during the hours of 12:00 AM and 8:00 AM: a. 45 dBA based on a one-hour average measured at any point where the property on which the noise emanates adjoins any property used for residential purposes. b. 60 dBA based on a one-hour average measured at any point where the property on #CU-11-02 & #SP-11-14 5 which the noise emanates adjoins any property used for commercial purposes. (iii) For purposes of this Appendix, the following terms shall be defined as stated below: a. Decibel – a unit measure of sound level. b. Sound level – in decibels measured by a sound meter, by using the “A” frequency weighing, expressed in dBA. c. Average sound level – a sound level during a given period of time (e.g. one hour) found by the general rule of combination of sound levels. Also called “equivalent sound level.” (c) Exemption (i) Speakers, sound trucks, amplifiers, etc. used for commercial purposes as advertising for which a proper permit has been issued are specifically exempt from the provisions of these Regulations. (ii) Emergency vehicles operated by fire, rescue and police agencies are specifically exempt from the provisions of these Regulations. (iii) Temporary actions benefiting the public, including but not limited to roadway construction, sewer and water line construction, and special public events, are specifically exempt from the provisions of these Regulations upon approval of such an exemption by the City Manager. (d) Sound Measurement Standards. Sound shall be measured in accordance with the standards specified by the American National Standards Institute. With respect to noise, the Board finds that the applicant meets criteria in Appendix A, Performance Standards A.3, Noise. Decibel levels are below 45 DBA, based on a one-hour measurement to residential properties, and below 60 DBA, based on a one-hour measurement to commercial properties. A.4 Air Pollution (a) Visible emissions. There shall not be discharged into the atmosphere from any source at any time any air pollutant in excess of specified darkness standards (No. 1 on the Ringlemann Chart, except under specified conditions contained within air pollution standards). This shall include emissions of air pollutants of such capacity as to obscure an observer’s view to a degree equal to or greater than the above visible emission standard. Visible emission of any kind at ground level past the lot line of the property on which the source of the emissions is located are prohibited. (b) Pollutants. All discharge or emission of potentially dangerous or offensive elements into the air shall be subject to the requirements of all applicable local, state, and federal regulations. With respect to air pollution, the Board finds that the applicant meets criteria with the conditions stated below. Referencing the independent Stantec study of 7/17/2011, “Stantec consulting services (Stantec) feels that the proposed unit can be operated in compliance with performance standards A.4 and A.5 of the South Burlington Land Use Regulations effective March 15, 2011.” Several neighbors provided testimony and submitted information raising concerns in regards to #CU-11-02 & #SP-11-14 6 mercury emissions. On page three of the Stantec study, “Review Findings for the Matthews Power-Pak II System”, item # 9 states in part: “According to the data retained by the APCD, a single crematorium’s mercury emissions would not meet the action level set by the state in terms of lbs of emissions/8hrs of operation”, The crematorium shall therefore operate for no more than eight (8) consecutive hours per day during the week and shall not operate on the weekends. Prior to permit issuance, the applicant shall provide the Administrative Officer in writing, the chosen hours of operation. A.5 Odors (a) No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detected or as to interfere unreasonably with the comfort of the public. (b) Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. (c) Table III, Odor Thresholds in Chapter 5 of the Air Pollution Abatement Manual, copyright 1951 by the Manufacturing Chemists’ Association, Inc. or its equivalent shall serve as a guide to determining such quantities of offensive odors. With respect to odors, the Board finds, referencing the independent study by Stantec of 7/15/2011, Page 3, “The operation of the proposed unit will be in compliance with the visible emission and pollution discharge requirements of the Vermont Air Pollution Control Division during its operation. Odors should not be detected beyond the property line.” The same condition applies to A.5 as to A.4, that the crematorium shall operated for no more than eight (8) consecutive hours per day during the week and shall not operate on the weekends. Prior to permit issuance, the applicant shall provide the Administrative Officer in writing, the chosen hours of operation. A.6 Electromagnetic Radiation (a) It shall be unlawful to operate, or cause to be operated, a planned or intentional source of electromagnetic radiation except in compliance with the applicable regulations of the Federal Communications Commission or the Inter-department Radio Advisory Committee regarding such sources of electromagnetic radiation. Said operation shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and design because of proximity, primary field, blanketing, spurious re-radiation, harmonic content, modulation or energy conducted by power or telephone lines. (b) The determination of “abnormal degradation in performance” and “of quality and property design” shall be made in accordance with good engineering practices as defined in the most current principles and standards of the Institute of Electrical and Electronic Engineers. A.7 Radioactive Radiation (a) No activities shall be permitted which emit dangerous radioactivity at any point beyond the property line. (b) The handling of radioactive materials, the discharge of such materials into air and water, and the #CU-11-02 & #SP-11-14 7 disposal of radioactive materials shall be in conformance with all applicable state and federal regulations. With respect to electromagnetic and radioactive radiation, the Board finds that the applicant meets criteria in Appendix A, Performance Standards A.6, and A.7, electromagnetic and radioactive radiation. No measurable radiation will be produced. A.8 Heat (a) For the purposes of these Regulations, heat is defined as thermal energy of a radioactive, conductive, or convective nature. (b) Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property, whether such change be in the air or the ground, in a natural stream or lake, or in any structure on such adjacent property. With respect to heat, the Board finds that the applicant meets criteria in Appendix A, Performance Standards A.8, Heat. The heat emitted will not cause temperatures to rise on adjacent property. A.9 Direct Glare (a) Direct glare is defined for the purposes of these Regulations as illumination within property lines caused by direct or spectrally reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature processes as welding or petroleum or metallurgical refining. (b) No such direct glare shall be permitted, except that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the angle of maximum candlepower shall be sixty degrees (60o) drawn perpendicular to the ground. Such luminaries shall be placed not more than thirty feet (30’) above ground level and the maximum illumination at ground level shall not be in excess of an average of three (3) foot candles. A.10 Indirect Glare (a) Indirect glare is defined for the purposes of these Regulations as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure. (b) Indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum, and 0.1 foot candles average. (c) Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited. With respect to direct and indirect glare, the Board finds that the applicant meets criteria in Appendix A, Performance Standards A.9 and A.10, Direct and Indirect Glare. Applicant is in accordance with South Burlington regulations. A.11 Liquid and Solid Wastes No discharge or emission of any potentially dangerous or offensive elements shall be permitted at any point into any sewage disposal system, water supply system, watercourse, or lake, or into the ground or air, except in accord with all applicable local, state and federal regulations. #CU-11-02 & #SP-11-14 8 With respect to liquid and solid waste, the Board finds that the applicant meets criteria in section 14.07 Specific Review Standards C, meets disposal of wastes requirements, and also Appendix A, Performance Standards A.11, Liquid and Solid Wastes. No potentially dangerous or offensive elements shall be discharged. A.12 Other Requirements Where the requirements of these performance standards may be replaced by newer standards or may conflict with other local, state or federal statutes or regulations, the stricter standards shall apply. The applicant submitted testimony which states that there will be very little emissions from the proposed use, which they have stated will be less than other common uses. The Board sought the independent technical review of a third-party consultant. The consultant, Peter R. Charrington, P.E. from Stantec Consulting Services, Inc., reviewed the applicant’s submission, as well as the proposed technology for the crematorium. His report is dated July 15, 2011 and is incorporated herein by reference. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. The stated purpose of the district is “to provide suitable locations for high-quality, large-lot office, light industrial and research uses in areas of the City with access to major arterial routes and Burlington International Airport.” The application before the Board is for a proposed change in use. The building is fully approved and permitted, and no site plan changes are requested. The Board finds that the existing building and layout of the site meets the stated purpose of the district. The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The Board finds that the proposal will not adversely affect municipal services or educational facilities. Relevant impact fees have already been paid with the construction of the building. (b) The planned character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The Board reviewed the statements above with respect to the planned character of the area. The subject property is located in an industrial zone. This industrial zone is located adjacent to a residential neighborhood. A 200 foot buffer is mandatory in the IO zone along the residential zoning district boundary. This buffer was implemented with construction of the building. The Board considered any outward, undue and adverse affects of the proposed use. The Board finds that in order to minimize any #CU-11-02 & #SP-11-14 9 adverse impacts to the planned character of neighborhood by introducing incineration (cremation) into the IO district and the surrounding area, the applicant shall adhere to the conditions as outlined in A.4 and A.5 above. (c) Traffic on roads and highways in the vicinity. The proposal will not affect traffic in the vicinity. Traffic studies and impact fees were paid with the subdivision of the greater area, as well as the construction of the building. No new construction is planned and the proposed change in use is not traffic-intensive. (d) Bylaws in effect. With respect to the bylaws in effect, the Board finds that the applicant is in compliance with bylaws in effect (e) Utilization of renewable energy resources. The Board finds that the proposal will not affect renewable energy resources. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) 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. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. (c) 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 adjoining buildings. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (f) 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. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) 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 of collector #CU-11-02 & #SP-11-14 10 street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. (b) Electric, telephone and other wire-served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). (d) Landscaping and Screening Requirements Access/Circulation No new construction is planned as part of this application. As such, the Board finds that the change in use will not affect the site layout or other elements of the site plan. DECISION The South Burlington Development Review Board approves conditional use application #CU-11-02 & site plan application #SP-11-14, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in full effect. 2. The project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The crematorium shall be limited to utilizing one (1) Matthews Power-Pak II System unless otherwise approved by the Development Review Board. 4. The crematorium shall operate for no more than eight (8) consecutive hours per day during the week and shall not operate on the weekends. Prior to permit issuance, the applicant shall provide the Administrative Officer in writing the hours of operation chosen for operation. The 40 hours per week of operation is restricted to the Mathews Power-Pak II System, funerals and general office related work will not be restricted to the 40 hours per week and can be done at any time. 5. The applicant shall 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. 6. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the site modifications. 7. Any change to the site plan shall require approval by the South Burlington Development Review Board. #CU-11-02 & #SP-11-14 11 Tim Barritt– yea/nay/abstain/not present Mark Behr – yea/nay/abstain/not present Matthew Birmingham – yea/nay/abstain/not present Roger Farley – yea/nay/abstain/not present Joe Randazzo– yea/nay/abstain/not present Michael Sirotkin – yea/nay/abstain/not present Bill Stuono – yea/nay/abstain/not present Motion carried by a vote of 4 – 3 – 0 Signed this 29th day of December 2011, by _____________________________________ Mark Behr, Chairman Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division.See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. Mark C. Behr Digitally signed by Mark C. Behr DN: cn=Mark C. Behr, o=Richard Henry Behr Architect P.C., ou, email=mark@rhbpc.com, c=US Date: 2011.12.29 19:21:02 -05'00' CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SD_14_14_111UpsweptLn_4unitPUD_prelimfinal DEPARTMENT OF PLANNING & ZONING Report preparation date: May 30, 2014 Plans received: May 2, 2014 SNYDER SOUTH POINTE PLANNED UNIT DEVELOPMENT PRELIMINARY & FINAL PLAT APPLICATION #SD 14-14 Agenda #5 Meeting date: June 3, 2014 Applicant The Snyder South Pointe Limited Partnership c/o Chris Snyder 4076 Shelburne Road Shelburne, VT 05482 Owners Karen, Eric, & Stephen Unsworth; Kristina Martinez; c/o Stephen Unsworth 26 Railroad Avenue Essex Junction, VT 05452 Engineer Andrew Rowe, Lamoureux & Dickinson Consulting Engineers, Inc. 14 Morse Drive Essex Junction, VT 05452 Property Information Tax Parcel 1640 01700 R Volume 34, Page 206 SEQ & BBW Districts 27.2 Acres (entire PUD) Location Map CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD_13_40_111UpsweptLn_4unitPUD_sketch PROJECT DESCRIPTION Preliminary & final plat application #SD-14-14 of The Snyder South Pointe Limited Partnership to amend a previously approved planned unit development consisting of 32 single family dwellings. The amendment consists of removing one (1) single family dwelling and replacing it with four (4) single family dwellings, 111 Upswept Lane. Applicant Snyder South Pointe Limited Partnership seeks preliminary and final plat approval for a four unit residential Planned Unit Development (PUD), consisting of four single family homes to replace one existing single family home owned by the Unsworth family. The overall project is on a 27.2 acre lot; lot #32, the subject of this application, is 1.21 acres in size, and is located in the Southeast Quadrant (SEQ) at what was previously known as 1700 Spear Street. Portions of the property also fall within the Bartlett Brook Watershed Protection District and the Dorset Park View Protection Zone D. COMMENTS Administrative Officer Raymond Belair and Planner Temporary Assignment Lee Krohn, AICP (“Staff”) have reviewed the application and plans submitted on April 8, 2014 and offer the following comments. During sketch plan review, the applicant prepared detailed plans showing the new homes as they relate to architectural design and density, and this seemed to resolve concerns raised at that time. As often occurs in other cases, questions were also raised about delineating the private residential lots from open, common land; a suggestion was made to place boulders along the boundary, as the applicant felt that a fence or other demarcation would look out of place at only this location in the neighborhood. Many other aspects of technical review already exist upon the ground: street location/design, sidewalk, street trees… E-911 addresses are proposed. A transfer of development rights for three dwelling units is required, and an agreement to purchase these from the Diane J. Wessel Trust is submitted for the record. A question regarding potential impact upon a wetland and buffer appears resolvable if the analysis from Lamoureux & Dickinson Consulting Engineers is accepted. See discussion under Section 9.06 (B) (5) below. Two waivers are sought here: A side yard setback reduction from ten feet to nine feet between footprint lot 32A and the westerly property line of lot 32; and A reduction in minimum lot size from 12,000 sq. ft. to 2,800 sq. ft. This is to accommodate the proposed approach with footprint lots for the new homes, but does not change the proposed or permissible density. The bulk of the overall lot 32 surrounds all of the four footprint lots as common land. Whether this affects the driveways for these new homes, or these are just considered common elements as in any other condominium might be interesting to know, but does not likely affect any matters of public/regulatory concern. Neither waiver seems problematic in this particular circumstance and site. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD_13_40_111UpsweptLn_4unitPUD_sketch The applicant also seeks a reduction in required expenditure for landscaping. According to the narrative, the required landscaping budget based on construction cost would be $19,100. Applicant proposes spending $10,420, and requests that the Board will credit the balance for the significant and well established tree/hedge line along the northerly boundary of the lot as shown in the aerial photo submitted. Documentation from an unknown source estimates the value of these trees at $62,300. Whether that is accurate is difficult to discern, but as a former Tree Warden, Lee Krohn believes these trees are easily worth more than the $8680 difference between the required landscaping budget and the proposed landscaping expenditure. Whether the Board accepts a rear boundary tree line in context of a landscaping budget is your call, based on experience and case history; but the value is certainly there if it makes sense for you to consider it. Zoning District & Dimensional Requirements SEQ-NR Zoning District Requirement/Limitation Proposed * Min. Lot Size 12,000 SF 2800 SF (footprint lot) or an average of 13,176 sq. ft. per lot were the lot divided into 4 lots  Max. Base Density 1.2 units/acre base density= 1 unit  Max. Density 4 units/acre TDR density= 4.84 units 4 units – needs 3 TDRs Max. Building Coverage 15% 22.6%  Max. Total Coverage 30% 28.3%  Min. Front Setback 20 ft. 20’ * Min. Side Setback 10 ft. Generally met; requests waiver to 9’ for building 32A  Min. Rear Setback 30 ft. >30 ft.  zoning compliance * waiver requested, the waiver for minimum lot size and maximum building coverage are not needed when a “Notice of Conditions” is approved. The only waiver needed is the side setback for building 32A.  Building & overall coverage indicated is for the overall PUD. Even though these coverages for the individual lot being developed exceeds the maximum, in a PUD, the entire PUD is used for coverage calculations and in this case, the limits are not exceeded.  At 4 units per acre as proposed, the 1.21 acres would allow up to 4.84 units. Therefore, the applicant needs and proposes three transferred development rights. The applicant has submitted a legal document pertaining to the options for TDRs that to be reviewed by the City Attorney. Ultimately, the development rights must be purchased by the applicant as a part of any final plat approval, and all required documents and surveys of this property, and that from which the development rights were severed, must be approved by the City Attorney and then recorded in the land records. Staff recommends that all TDRs be required to be transferred prior to the issuance of a zoning permit for the 2nd unit. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD_13_40_111UpsweptLn_4unitPUD_sketch SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations (SBLDR), subdivisions shall comply with the following standards and conditions: 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. The standards for this criterion are found below in a review of the regulations of the Southeast Quadrant. These four new units appear to be designed in a manner consistent in size, form, and layout with the rest of the previously approved and built out neighborhood. The Board appeared satisfied with this after the second sketch plan hearing. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed subdivision of this property is in conformance with the South Burlington Comprehensive Plan. Southeast Quadrant District This proposed subdivision is located in the Southeast Quadrant district. Therefore it is subject to the provisions of Section 9 of the SBLDR. 9.06 Dimensional and Design Requirements Applicable to All Sub-Districts The following standards shall apply to development and improvements within the entire Southeast Quadrant Zoning District. A. Height. (1) The maximum height of any occupied structure in the SEQ-NRP, SEQ-NRT, or SEQ-NR sub-district shall not exceed forty-five feet (45’); the waiver provisions of Section 3.07(E) shall not apply to occupied structures in these sub-districts. The Table of Uses and Dimensional Standards (Appendix C) also specifies the maximum building height for the SEQ-NR District. The maximum height for principal buildings (flat) is 25 feet, and the maximum height for principal buildings (pitched) is 28 feet. Maximum story heights also apply. The applicant indicated at the last meeting that the buildings will comply with the height requirement. 1. The maximum height of any structure shall not exceed those allowed within the Table of Uses and Dimensional Standards (Appendix C). B. Open Space and Resource Protection. (1) Open space areas on the site shall be located in such a way as to maximize opportunities for creating usable, contiguous open spaces between adjoining parcels The applicant is calling to the Board’s attention that there currently exists a significant hedgerow along the northerly boundary which effectively creates a natural buffer between the new homes and the City park land. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD_13_40_111UpsweptLn_4unitPUD_sketch (2) Building lots, streets and other structures shall be located in a manner consistent with the Regulating Plan for the applicable subdistrict allowing carefully planned development at the average densities provided in this bylaw. The street already exists. Lots are proposed to be oriented to the existing street. (3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant. Common open space already exists as lot #36, 15.16 acres in size, from the original project approval. It includes a stormwater pond, open field, wetland area, and wooded land. 2. The common land must remain undeveloped, and available for use by all residents of the PUD. Association documents shall also include provisions for maintenance of the land. (4) Sufficient grading and erosion controls shall be employed during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the Development Review Board may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. Comments on the proposed project are under review by the Director of Public Works and the City Stormwater Superintendent. 3. The proposed project shall 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 shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. (5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or primary or natural community areas and buffers in a manner that is aesthetically compatible with the surrounding landscape. Chain link fencing other than for agricultural purposes shall be prohibited within PUDs; the use of split rail or other fencing made of natural materials is encouraged. Wetland issues are addressed in a Functional Evaluation submitted by Lamoureux & Dickinson Engineers. If the Board finds this information acceptable, then wetland issues are resolved. No state permit wetlands has yet been issued, although the application has been filed. Unit 32D will be constructed within the wetland buffer and the extension of Parkside Drive will run right through the wetland itself, so there does not appear to be a need for landscaping or fencing to protect this wetland and buffer. C. Agriculture. The conservation of existing agricultural production values is encouraged through development planning that supports agricultural uses (including but not limited to development plans that create contiguous areas of agricultural use), provides buffer areas between existing agricultural operations and new development, roads, and infrastructure, or creates new opportunities for agricultural use (on any soil group) such as but not limited to community-supported agriculture. Provisions that enhance overall neighborhood and natural resource values rather than preservation of specific soil types are strongly encouraged. CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD_13_40_111UpsweptLn_4unitPUD_sketch See discussion under Section 9.06(B) D. Public Services and Facilities. In the absence of a specific finding by the Development Review Board that an alternative location and/or provision is approved for a specific development, the location of buildings, lots, streets and utilities shall conform with the location of planned public facilities as depicted on the Official Map, including but not limited to recreation paths, streets, park land, schools, and sewer and water facilities. (1) Sufficient water supply and wastewater disposal capacity shall be available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. According to Section 15.13 of the LDRs, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system, as proposed here. 4. The applicant shall obtain final wastewater allocation for each unit prior to issuance of a zoning permit for any of these new homes. (2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. (3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is consistent with City utility plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. No changes are proposed to any prior agreements and approvals. A sidewalk exists along the street. (4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for evaluation including, but not limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. The Fire Chief has indicated to staff that they have no comments on the project. E. Circulation. The project shall incorporate access, circulation and traffic management strategies sufficient to prevent unsafe conditions on of adjacent roads and sufficient to create connectivity for pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles between neighborhoods. In making this finding the Development Review Board may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. As the street already exists, and the proposed footprint lots are consistent with the development pattern in the existing neighborhood, circulation on the site should be adequate. CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD_13_40_111UpsweptLn_4unitPUD_sketch (1) Roads shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. The previously approved plans already provide for potential connections to adjacent properties, planned and unplanned, developed and undeveloped. (2) Roads shall be designed in a manner that is consistent with City roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. Roads on site were previously approved and constructed. (3) The provisions of Section 15.12(D) (4) related to connections between adjacent streets and neighborhoods shall apply. Should be OK per prior project approval, as shown on the plans. 9.07 Regulating Plans A. Description and Regulatory Effect. B. General Provisions (1) The Regulating Plan shall apply to new development within the SEQNRT, SEQ-NR, SEQ-VR and SEQ-VC sub-districts. (2) All residential lots created on or after the effective date of this bylaw in any SEQ sub-district shall conform to a standard minimum lot width to depth ratio of one to two (1:2), with ratios of 1:2.5 to 1:5 recommended. Lot #32 exists today with the original house, and as approved in the original decision. No changes are proposed to the dimensions nor proportions. The proposed PUD will consists of four housing units on this lot, arranged in a fashion that appears consistent with the intent of this section and with the existing neighborhood as approved previously and on the ground today. C. Street, Block and Lot Patterns (1) Overall Criteria: Development criteria within the Street, Block and Lot Pattern section are intended to provide pedestrian-scaled development patterns and an interconnected system of streets that allow direct and efficient walking and bicycling trips, and decrease circuitous vehicular trips. (2) Street Design: The intention of street design criteria is to provide a system of attractive, pedestrian- oriented streets that encourage slower speeds, maximize connections between and within neighborhoods, and contribute to neighborhood livability. (3) Building Design: The intention of the building design guidelines is to ensure that new housing and commercial development reinforce a pedestrian-friendly environment, while allowing creativity in design. The street already exists. The proposed footprint lots are generally consistent with the existing neighborhood, although more rectangular in shape. A sidewalk exists today across lot #32. D. Parks Design and Development See discussion under Section 9.06(B) CITY OF SOUTH BURLINGTON 8 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD_13_40_111UpsweptLn_4unitPUD_sketch 9.08 SEQ-NRT and SEQ-NR Sub-Districts; Specific Standards The SEQ-NR and SEQ-NRT sub-districts have additional dimensional and design requirements, as enumerated in this Section. A. Street, block and lot pattern. (1) Development blocks. Development block lengths should range between 300 and 500 linear feet. If it is unavoidable, blocks 500 feet or longer must include mid-block public sidewalk or recreation path connections. (2) Interconnection of Streets (a) Average spacing between intersections shall be 300 to 500 feet. (b) Dead end streets (e.g. culs de sac) are strongly discouraged. Dead end streets shall not exceed 200 feet in length. (c) Street stubs are required at the end of dead end streets to allow for future street connections and/or bicycle and pedestrian connections to open space and future housing on adjoining parcels per section 15.12(D)(4). (3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line and connected to adjacent parcels per section 15.12(D)(4) of these Regulations. Posting signs with a notice of intent to construct future streets is strongly encouraged. Should be OK per prior project approval. (4) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. See above under Section 9.07 (B). B. Street, Sidewalk & Parking Standards (1) Street dimensions and cross sections. Neighborhood streets (collector and local) are intended to be low-speed streets for local use that discourage through movement and are safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall be as set forth in Tables 9-1 and 9-2, and Figures 9-4 and 9-5 below. The street already exists. (2) Sidewalks. (a) Sidewalks must be a minimum of five feet in width with an additional minimum five- foot planting strip (greenspace) separating the sidewalk from the street. (b) Sidewalks are required on one side of the street. A sidewalk exists today across the frontage of lot #32. (3) Street Trees (a) Street trees are required along all streets in a planting strip a minimum of five feet wide. (b) Street tree types shall be large, deciduous shade trees with species satisfactory to the CITY OF SOUTH BURLINGTON 9 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD_13_40_111UpsweptLn_4unitPUD_sketch City Arborist. Street trees to be planted must have a minimum caliper size of 2.5 to 3 inches DBH, and shall be planted no greater than thirty feet (30’) on center. Street trees already exist along the frontage of lot #32. A new street tree with a value of $700 will be planted to replace an existing street tree to be removed. (4) On-street parking. Sufficient space for one lane of on-street parking shall be provided on all streets except for arterials outside of the SEQ-VC and SEQ-VR sub-districts. The street already exists (5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and to slow traffic. The street already exists. (5) Street and sidewalk lighting. Pedestrian-scaled light fixtures (e.g., 12’ to 14’) shall be provided sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels should be consistent with the lower-intensity development patterns and character of the SEQ, with lower, smoother levels of illumination (rather than hot-spots) and light trespass minimized to the lowest level consistent with public safety. These already exist in the neighborhood; no changes or additions are proposed across lot #32. C. Residential Design (1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for single family and multi-family buildings must face the street. Secondary building entries may open onto garages and/or parking areas. (Special design guidelines apply to arterial streets; see Section 9.11). A minimum of thirty-five percent (35%) of translucent windows and surfaces should be oriented to the south. (2) Building Façades. Building facades are encouraged to employ a theme and variation approach. Buildings should include common elements to appear unified, but façades should be varied from one building to the next to avoid monotony. Front porches, stoops, and balconies that create semi-private space and are oriented to the street are encouraged. (3) Front Building Setbacks. A close relationship between the building and the street is critical to the ambiance of the street environment. (a) Buildings should be set back twenty-five feet (25’) from the back of sidewalk. (b) Porches, stoops, and balconies may project up to eight feet (8’) into the front setbacks. (4) Placement of Garages and Parking. For garages where the vehicle entrance is parallel to the front building line of a house, the front building line of the garage must be set behind the front building line of the house by a minimum of eight feet. The DRB may waive this provision for garages with vehicle entries facing a side yard, provided that (i) the garage is visually integrated into the main house and (ii) the front building line of the garage is no more than eight (8) feet in front of the front building line of the house. Rear alleys are encouraged for small lot single-family houses, duplexes and townhouses. CITY OF SOUTH BURLINGTON 10 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD_13_40_111UpsweptLn_4unitPUD_sketch (5) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and affordability is encouraged within neighborhoods and developments. These should be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near-identical units. House designs have been be submitted as a part of this application including a letter from the applicant dated 2/12/14 addressing the Board’s concerns. The footprint plan indicates that the homes will have the garage set back at least eight (8) feet from the front open porches. It appears that the Board was OK with this at the conclusion of sketch plan review. Information and elevations have been submitted on the housing styles. It appears that the Board was OK with this at the conclusion of sketch plan review. LANDSCAPING- Street Trees Pursuant to Chapter 9 of the LDRs, the following applies with respect to street trees: Street Trees (a) Street trees are required along all streets in a planting strip a minimum of five feet wide. (b) Street tree types shall be large, deciduous shade trees with species satisfactory to the City Arborist. Street trees to be planted must have a minimum caliper size of 2.5 to 3 inches DBH, and shall be planted no greater than thirty feet (30’) on center. Street trees exist today in the street right-of-way along the front of lot #32. As noted above, a new street tree will be planted to replace an existing street tree to be removed. LANDSCAPING- Bonding Bonding is required for the landscaping around the new houses. As noted above, applicant seeks a reduction in required expenditure for landscaping. According to the narrative, the required landscaping budget based on construction cost would be $19,100. Applicant proposes spending $10,420, hoping that the Board will credit him with the balance for the significant and well established tree/hedge line along the northerly boundary of the lot as shown in the aerial photo submitted. Documentation from an unknown source estimates the value of these trees at $62,300. Whether that is accurate is difficult to discern, but as a former Tree Warden, Lee Krohn believes these trees are easily worth more than the $8680 difference between the required landscaping budget and the proposed landscaping expenditure. Whether the Board accepts a rear boundary tree line in context of a landscaping budget is your call, based on experience and case history; but the monetary value is certainly there if it makes sense for you to consider it. The applicant will be required to bond for the minimum landscaping amount of $19,100. OTHER-Curbing The street and curbing already exist. CITY OF SOUTH BURLINGTON 11 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD_13_40_111UpsweptLn_4unitPUD_sketch RECOMMENDATION As noted above, several waivers are needed for this proposal, and comments are needed from the Fire Chief and Director of Public Works. Other minor site details such as boundary delineation between private and public lands should be resolved, but there are no apparent, major issues or challenges to overcome. Respectfully submitted, ______________________________ Raymond Belair, Administrative Officer Copy to: Andrew Rowe, Lamoureux & Dickinson Consulting Engineers, Inc. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SD_14_15_1075HinesburgRoad_RyeAssociates_FINAL DEPARTMENT OF PLANNING & ZONING Report preparation date: May 30, 2014 Application received: May 6, 2014 RYE ASSOCIATES LLC- 1075 HINESBURG ROAD FINAL PLAT APPLICATION #SD-14-15 Agenda #6 Meeting date: June 3, 2014 Owner/Applicant Rye Associates LLC c/o Dousevicz Construction Suite 201 21 Carmichael Street Essex, VT 05452 Contact Brad Dousevicz Dousevicz Construction Suite 201 21 Carmichael Street Essex, VT 05452 Project Engineer Civil Engineering Associates 10 Mansfield View Lane South Burlington VT 05403 Property Information Tax Parcel 0860-01075 SEQ Zoning District- Neighborhood Residential (15.15 acres) Village Commercial (2.86 acres) 18.01 acres total Location Map CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING PROJECT DESCRIPTION Final plat application #SD-14-15 of Rye Associates, LLC to subdivide an 18.01 acre panel into 30 lots for development of: 1) 36 single family dwellings, 2) four 4-unit multi-family dwellings, and 3) a 5,100 sq. ft. general office building, 1075 Hinesburg Road. Project Summary & Recent Updates: Both Master Plan approval and Preliminary Plat approval were granted by the Board earlier this year. As a part of this final plat submittal, the applicant has submitted a point by point response to the conditions attached to the preliminary plat approval (please see the packet). Many of these conditions were requests of the applicant, and are simply acknowledged; where questions were raised or new information required, answers are provided these to the extent these are within applicant’s control. For example, new street names are still pending before the Planning Commission, and certain responses to final design details have not yet been received from other City Staff. As most of the fundamental aspects of project design were resolved and approved in preliminary plat review, the only issues before the Board now are those for which questions were raised or new information required. As you will see, this final plat submittal is said to include the following supplemental information: Legal documents associated with the irrevocable offers of dedication and warranty deeds for roads, parks, paths, and stormwater facilities; Declarations for common interest properties; Transfer of Development Rights agreement with Auclair Farm; Stormwater modeling information; Street lighting details, including proper height of light poles/fixtures; Coordination with the Recreation Department on infrastructure in the ‘neighborhood park’; Improved separation between ‘neighborhood park’ and private properties; Buffering between residential properties and wetland corridor; and E-911 address plan. In addition, preliminary wastewater allocations have been obtained, a new fire hydrant has been added, easements and maintenance access drives for stormwater facilities are added; and landscaping details are provided; the volleyball court in the dry detention basin is deleted. Applicant proposes to delineate the boundaries between private residential and common lands with the use of 6 ft. high 6”x6” posts, installed ten feet on center along those common boundaries. Although a minor detail, it has an important purpose, and it is worth confirming whether this strategy meets the intended purpose. DIMENSIONAL REQUIREMENTS CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING The subject parcels total 18.01 acres. Table 1. Dimensional Requirements SEQ-VC Zoning District Required Proposed * Min. Lot Size 40,000 SF See waiver request  Max. Building Height 50 ft. 28 ft. / TBD (1) Max. Building Coverage 15% <15% for PUD per Master Plan  Max. Overall Coverage 30% <30% for PUD per Master Plan ^ Min. Front Setback 20 ft.^ Min. Front Setback (Hinesburg Road) 50 ft. + 7 ft. 23’ per Master Plan  Min. Side Setback 10 ft. > 10 ft.  Min. Rear Setback 30 ft. > 30 ft. Table 1. Dimensional Requirements SEQ-NR Zoning District Required Proposed * Min. Lot Size 12,000 SF* See waiver request  Max Building Height 45 ft./ 28 ft. 28 ft.(1) * Max. Building Coverage 15% See waiver request * Max. Overall Coverage 30% See waiver request * Min. Front Setback 20 ft.^ See waiver request * Min. Front Setback (Hinesburg Road) 50 ft. + 7 ft. See waiver request * Min. Side Setback 10 ft. See waiver request * Min. Rear Setback 30 ft. See waiver request  Zoning compliance * Waiver requested (all waivers granted in preliminary plat approval) (1) Applicant’s elevations indicate all buildings to be 2 stories or less, which should easily be accommodated by this maximum. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: (A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the proposed dwelling units. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING the City and the State in any subdivision where off-lot wastewater is proposed. The project is proposed to be served by gravity sewer mains flowing to the existing collection system located on Oak Creek Drive. A looped water distribution system is proposed to service the project. Storm drainage will be collected in an enclosed drainage system within the local streets and will be directed to a stormwater management facility located at the low point in the southwest corner of the property. The applicant will be required to receive final wastewater allocation prior to issuance of any zoning permits. (A)(2) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The proposed project shall 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 shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. (A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Resolved in preliminary plat approval. (A)(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. Resolved in preliminary plat approval. 12.02(E) Standards for Wetlands Protection (1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is generally discouraged. (2) Encroachment into Class II wetlands is permitted by the City only in conjunction with issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3) below. (3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland buffers, may be permitted by the DRB upon finding that the proposed project’s overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING measures. Resolved in preliminary plat approval. Section 9.06(B)(5) States that “Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or primary or natural community areas and buffers in a manner that is aesthetically compatible with the surrounding landscape.” The site plan depicts a densely planted row of trees and shrubs between the four-plex buildings and the wetland area. Section 9.06(B((3) states that “a plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant.” Resolved in preliminary plat approval. (A)(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. Pursuant to Section 9.01 of the Land Development Regulations, the Southeast Quadrant District (SEQ) is hereby formed in order to encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued agricultural use, and well as planned residential use in the largely undeveloped area of the City known as the Southeast Quadrant. The open character and scenic views offered in this area have long been recognized as very special and unique resources in the City and worthy of protection. The location and clustering of buildings and lots in a manner that in the judgment of the Development Review Board will best preserve the open space character of this area shall be encouraged. Resolved in preliminary plat approval. (A)(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. Resolved in preliminary plat approval. (A)(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. Resolved in preliminary plat approval, but still awaiting final comments from the Fire Chief. (A)(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 landowners. (A)(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. CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING Resolved in preliminary plat approval. (A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Resolved in preliminary plat approval. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (A) Relationship of the Proposed Development to the City of South Burlington Comprehensive Plan. Resolved in preliminary plat approval. (B)(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. Resolved in preliminary plat approval. (B)(2) Parking (a) Parking shall be located to the rear or sides of buildings. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; (ii) The parking area will serve a single or two-family home; (iii) The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building, to be located adjacent to the public street; (iv) The lot contains one or more existing buildings that are to be re-used and parking needs cannot be accommodated to the rear and sides of the existing building(s); or, (v) The principal use of the lot is for public recreation. (c) Where more than one building exists or is proposed on a lot, the total width of all proposed parking areas that are both to the side of a building and between the front lot line and the building line of the building on the lot that is closest to the public CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING street shall not exceed one-half of the total building width of all buildings on the lot that are located adjacent to the public street. Buildings separated from the front lot line by parking approved pursuant to 14.06(C)(2)(b) shall be considered adjacent to the public street. Buildings separated from the front lot line by any other parking areas shall not be considered adjacent to the public street. (d) The DRB shall require that the majority of the parking on through lots and corner lots be located between the building(s) and the side yards or between the building and the front yard adjacent to the public street with the highest average daily volume of traffic. Where the rear yard of a lot abuts an Interstate or its interchanges, the majority of parking shall be located between the building and the side yards or between the building and the yard that is adjacent to the Interstate. Resolved in preliminary plat approval. (B)(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 adjoining buildings. Resolved in preliminary plat approval. (B)(4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Resolved in preliminary plat approval. (C)(1) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. Resolved in preliminary plat approval. (C)(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. Resolved in preliminary plat approval. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (A) 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 of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Resolved in preliminary plat approval. (B) Electric, telephone and other wire-served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to CITY OF SOUTH BURLINGTON 8 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING neighboring properties and to the site. Resolved in preliminary plat approval. (C) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The plans do not indicate a location for dumpsters on Commercial Lot #1, which is seeking final plat approval, as no dumpster is proposed. (D) Landscaping and Screening Requirements Resolved in preliminary plat approval. E911 Addresses & Street Names The applicant has submitted E911 addresses for the proposed project, in conformance with the E911 addressing standards. The applicant has sought approval of the proposed new street names from the Planning Commission and has not yet received approval. 1. Prior to recording the final plat plans, the applicant should include the street names as approved by the Planning Commission. Southeast Quadrant District This proposed subdivision is located in the southeast quadrant district. Therefore it is subject to the provisions of Section 9 of the SBLDR. 9.06 Dimensional and Design Requirements Applicable to All Sub-Districts The following standards shall apply to development and improvements within the entire SEQ: A. Height. (1) The maximum height of any occupied structure in the SEQ-NRP, SEQ-NRT, or SEQ-NR sub-district shall not exceed forty-five feet (45’); the waiver provisions of Section 3.07(E) shall not apply to occupied structures in these sub-districts. (2) The maximum height of any occupied structure in the SEQ-VR or SEQ-VC sub-district shall not exceed fifty feet (50’); the waiver provisions of Section 3.07(E) shall not apply to occupied structures in these sub-districts. Resolved in preliminary plat approval. B. Open Space and Resource Protection. (1) Open space areas on the site shall be located in such a way as to maximize opportunities for CITY OF SOUTH BURLINGTON 9 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING creating usable, contiguous open spaces between adjoining parcels Resolved in preliminary plat approval. Neighborhood park infrastructure shown on plans. (2) Building lots, streets and other structures shall be located in a manner consistent with the Regulating Plan for the applicable sub-district allowing carefully planned development at the average densities provided in this bylaw. Resolved in preliminary plat approval. (3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant. Resolved in preliminary plat approval. (4) Sufficient grading and erosion controls shall be employed during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the Development Review Board may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. Resolved in preliminary plat approval. (5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or primary or natural community areas and buffers in a manner that is aesthetically compatible with the surrounding landscape. Chain link fencing other than for agricultural purposes shall be prohibited within PUDs; the use of split rail or other fencing made of natural materials is encouraged. Resolved in preliminary plat approval. C. Agriculture. The conservation of existing agricultural production values is encouraged through development planning that supports agricultural uses (including but not limited to development plans that create contiguous areas of agricultural use), provides buffer areas between existing agricultural operations and new development, roads, and infrastructure, or creates new opportunities for agricultural use (on any soil group) such as but not limited to community-supported agriculture. Resolved in preliminary plat approval. D. Public Services and Facilities. In the absence of a specific finding by the Development Review Board that an alternative location and/or provision is approved for a specific development, the location of buildings, lots, streets and utilities shall conform with the location of planned public facilities as depicted on the Official Map, including but not limited to recreation paths, streets, park land, schools, and sewer and water facilities. (2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. CITY OF SOUTH BURLINGTON 10 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING (3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is consistent with City utility plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. (4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for evaluation including, but not limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. E. Circulation. The project shall incorporate access, circulation and traffic management strategies sufficient to prevent unsafe conditions on adjacent roads and sufficient to create connectivity for pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles between neighborhoods. In making this finding the Development Review Board may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. (1) Roads shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. (2) Roads shall be designed in a manner that is consistent with City roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. (3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and neighborhoods shall apply. Resolved in preliminary plat approval. D. Parks Design and Development. (1) General standards. The SEQ has an existing large community park, the Dorset Street Park Complex. Parks in the SEQ may be programmed as neighborhood parks or mini-parks as defined in the Comprehensive Plan. Mini parks in the SEQ should be a minimum of 10,000 square feet, with programming approved by the South Burlington Recreation Department. Such parks are to be located through the neighborhoods in order to provide a car-free destination for children and adults alike, and to enhance each neighborhood’s quality of life. They shall be knitted into the neighborhood fabric as a focal point in the neighborhood, to add vitality and allow for greater surveillance by surrounding homes, local streets and visitors. Each park should be accessible by vehicle, foot, and bicycle and there should be a park within a quarter-mile of every home. (2) Specific Standards. The following park development guidelines are applicable in the SEQ- NRT, SEQ-NR, SEQ-VR, and SEQ-VC districts: (a) Distribution and Amount of Parks: (i) A range of parks and open space should be distributed through the SEQ to meet a variety of needs including children’s play, passive enjoyment of the outdoors, and active recreation. CITY OF SOUTH BURLINGTON 11 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING (ii) Parks should serve as the focus for neighborhoods and be located at the heart of residential areas, served by public streets and fronted by development. (iii) Parks should be provided at a rate of 7.5 acres of developed parkland per 1,000 population per the South Burlington Capital Budget and Program. (iv) A neighborhood or mini park of 10,000 square feet or more should be provided within a one-quarter mile walk of every home not so served by an existing City park or other publicly-owned developed recreation area. (b) Dedication of Parks and Open Space: Parks and protected open space must be approved by City Council for public ownership or management, or maintained permanently by a homeowners’ association in a form acceptable to the City Attorney. (c) Design Guidelines (i) Parks should be fronted by homes and/or retail development in order to make them sociable, safe and attractive places. (ii) Parks should be located along prominent pedestrian and bicycle connections. (iii) To the extent feasible, single-loaded roads should be utilized adjacent to natural open spaces to define a clear transition between the private and public realm, and to reinforce dedicated open space as a natural resource and not extended yard areas. The applicant has eliminated the volleyball court within the stormwater pond located with the proposed park area and has added a BBQ area and playground equipment in consultation with Parks & Recreation Director. The applicant is proposing to install posts along the property line between the private and public spaces. The plans indicate that the posts will be 5” X 5” with an undetermined height and the applicant’s narrative indicates that the posts will 6” X 6” posts six (6) foot high posts 10 feet on center. 2. The applicant should explain which posts are to be used, how high and at what spacing. 3. The Board should discuss whether the applicant’s proposal for six (6) foot high posts 10 feet on center adequately creates a visual buffer between the private and public spaces. 9.08 SEQ-NR &NRT Sub-District; Specific Standards The SEQ-NR and SEQ-NRT sub-district has additional dimensional and design requirements, as enumerated in this Section. A. Street, Block and Lot Pattern (1) Development blocks. Development block lengths should range between 300 and 500 linear feet; see Figure 9-2 for example. If longer block lengths are unavoidable blocks 500 feet or longer must include mid-block public sidewalk or recreation path connections. Resolved in preliminary plat approval. (2) Interconnection of Streets CITY OF SOUTH BURLINGTON 12 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING (a) Average spacing between intersections shall be 300 to 500 feet. (b) Dead end streets (e.g. culs de sac) are strongly discouraged. Dead end streets shall not exceed 200 feet in length. (c) Street stubs are required at the end of dead end streets to allow for future street connections and/or bicycle and pedestrian connections to open space and future housing on adjoining parcels per section 15.12(D)(4). Resolved in preliminary plat approval. (3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line and connected to adjacent parcels per section 15.12(D)(4) of these Regulations. Posting signs with a notice of intent to construct future streets is strongly encouraged. Resolved in preliminary plat approval. (4) Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. Resolved in preliminary plat approval. B. Street, Sidewalk & Parking Standards (1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the NR sub- district are intended to be low-speed streets for local use that discourage through movement and are safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall be as set forth in Tables 9-1 and 9-2, and Figures 9-4 and 9-5 of the SBLDR. (2) Sidewalks. Sidewalks must be a minimum of five feet (5’) in width with an additional minimum five-foot planting strip (greenspace) separating the sidewalk from the street. Sidewalks are required on one side of the street, and must be connected in a pattern that promotes walkability throughout the development. The DRB may in its discretion require supplemental sidewalk segments to achieve this purpose. (3) Street Trees; see Section 9.08(B)(3) Street trees are required along all streets in a planting strip a minimum of five feet wide. Street tress shall be large, deciduous shade trees with species satisfactory to the City Arborist. Street trees to be planted must have a minimum caliper size of 2.5 to 3 inches DBH, and shall be planted no greater than thirty feet (30’) on center. Resolved in preliminary plat approval. (4) On-street parking; see Section 9.08(B)(4). Resolved in preliminary plat approval. (5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and to CITY OF SOUTH BURLINGTON 13 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING slow traffic; see Figure 9-6 and Section 9.08(B)(5). Resolved in preliminary plat approval. (6) Street and sidewalk lighting. Pedestrian-scaled light fixtures (e.g., 12’ to 14’) shall be provided sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels should be consistent with the lower-intensity development patterns and character of the SEQ, with lower, smoother levels of illumination (rather than hot-spots) and trespass minimized to the lowest level consistent with public safety. Resolved in preliminary plat approval. C. Residential Design (1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for single family and multi-family buildings must face the street. Secondary building entries may open onto garages and/or parking areas. (Special design guidelines apply to arterial streets). (2) Building Façades. Building facades are encouraged to employ a theme and variation approach. Buildings should include common elements to appear unified, but façades should be varied from one building to the next to avoid monotony. Front porches, stoops, and balconies that create semi-private space and are oriented to the street are encouraged. (3) Front Building Setbacks. In pedestrian districts, a close relationship between the building and the street is critical to the ambiance of the street environment. Buildings should be set back twenty-five feet (25’) from the back of sidewalk. (4) Porches, stoops, and balconies may project up to eight feet (8’) into the front setbacks. Porch, stoop and balcony areas within the front setback shall not be enclosed or weatherized with glazing or other solid materials. (5) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. The front building line of the garage must be set behind the front building line of the house by a minimum of eight feet. (6) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and affordability is encouraged within neighborhoods and developments. These should be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near-identical units. Resolved in preliminary plat approval. 9.10 SEQ-VC Sub-District; Specific Regulations The SEQ-VC sub-district has additional dimensional and design requirements, as enumerated below: CITY OF SOUTH BURLINGTON 14 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING A. Street, block and lot pattern. (1) Development blocks. Development block lengths should range between 200 and 300 linear feet; see Figure 9-2 for example. Blocks 300 feet or longer must include mid-block public sidewalk or recreation path connections. (2) Interconnection of Streets (a) Average intersection spacing shall be 200 to 300 feet. (b) Dead end streets (e.g. cul de sacs) are discouraged. Dead end streets shall not exceed 200 feet in length. (c) Street stubs are required at dead end streets to allow for future street connections and/or bicycle and pedestrian connections to open space and future housing on adjoining parcels per Section 15.12(D)(4). (3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line per Section 15.12(D)(4) of these Regulations to allow connection to adjacent parcels. Posting signs with a notice of intent to construct future streets is strongly encouraged. (4) Lot ratios. Lots for new residential structures shall incorporate a minimum lot width to lot depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. Resolved in preliminary plat approval. B. Street, Sidewalk & Parking Standards (1) Street dimensions and cross sections. Neighborhood streets in the VC sub-district are intended to be low-speed streets for local use that discourage through movement and are safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall be as set forth in Section 9.09(B)(1) above, and Tables 9-3 and 9-4; cross-sections shall be as set forth in Figures 9-10 and 9-11 below. (2) Sidewalks (a) Sidewalks must be a minimum of five feet in width plus a five-foot planting strip separating the sidewalk from the street. (b) Sidewalks are required on both sides of the street. (3) Street Trees; see Section 9.08(B)(3) (4) On-street Parking; see Section 9.08(B)(4) (5) Intersection Design. Intersections shall be designed to reduce pedestrian crossing distances and to slow traffic; see Section 9.08(B)(5) and Figure 9-6. (6) Lighting. Pedestrian scale light fixtures (e.g., 12’ to 14’) shall be provided sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels should be consistent with the lower-intensity development patterns and character of the SEQ, with lower, smoother levels of illumination (rather than hot-spots) and trespass minimized to the lowest level consistent with public safety. Resolved in preliminary plat approval. CITY OF SOUTH BURLINGTON 15 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING D. Design Standards for Non-Residential Land Uses in the SEQ-VC Sub-District (1) Building Orientation. Non-residential buildings must be oriented to the principal public street on which the building has a façade. Primary building entries must be oriented to and open onto a sidewalk or other public walkway providing access from the public street. Secondary building entries may open onto parking areas. (2) Building Façades (a) Building facades should be varied and articulated for pedestrian interest. (b) Street level windows and numerous shop entries are encouraged along the sidewalk. Blank or solid walls (without glazing) should not exceed thirty feet (30’) in length at the street level. (c) Building entries should be emphasized with special architectural treatment. (d) All buildings should have a well-defined ‘base’ with richer detail in the pedestrian’s immediate view (i.e., textured materials, recessed entries, awnings, fenestration patterns) and a recognizable ‘top’ consisting of elements such as cornice treatments, roof overhangs with brackets, textured materials, stepped parapets. (e) Buildings should have hipped or gabled roofs or flat roofs with an articulated parapet. Mansard style roofs are discouraged. (f) Buildings in the SEQ-VC should employ “four-sided” design principles intended to ensure a high visual quality from any publicly-used vantage point. (3) Building Setbacks. New buildings with commercial uses must be built to a ‘build-to line’ established no less than fifteen feet (15’) and no more than twenty feet (20’) from the edge of the curb. The area between the building and the curb shall provide for convenient pedestrian access via sidewalk or recreation path; see Section 9.10(C)(1) above. Parking is prohibited between the building and the sidewalk. (4) Parking (a) Notwithstanding the provisions of Article 13 of these Regulations, each non-residential use shall provide three (3) off-street parking spaces per 1,000 gross square feet. The DRB may grant a parking waiver in conformance with Section 13.1(N)(3).The Development Review Board may allow on-street parking within 500 linear feet of the nearest building line of the use to count towards the use’s parking requirements. (b) The provisions of Section 13.1 notwithstanding, the DRB may allow shared parking anywhere within the VC district, regardless of linear distance from the proposed use. Resolved in preliminary plat approval. 9.11Supplemental Standards for Arterial and Collector Streets A. Setbacks. The minimum front setbacks from Dorset Street, Old Cross Road, Nowland Farm Road, Hinesburg Road, Swift Street, Swift Street Extension, and Old Cross Road Extension, shall be as set forth in Section 3.06(B) (1) and (2) of these Regulations. CITY OF SOUTH BURLINGTON 16 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING B. Building Orientation along Arterial and Collector Streets. (1) New developments with frontage on Dorset Street, Old Cross Road/Nowland Farm Road, or Swift Street, or which have the potential to include frontage along Swift Street Extension or Old Cross Road Extension, shall maintain a setback of twenty feet (20’) from the edge of the planned right-of-way. (2) New developments with frontage on Hinesburg Road shall maintain a setback of forty feet (40’) from the edge of the planned right-of-way. (3) This setback area shall be attractively landscaped, with suitable street trees and fencing made of natural materials, in a manner that creates a defined edge to the development, without creating a visual “wall” or barrier. Acceptable alternatives for this treatment are shown in Figures 9-12 and 9- 13. (4) A public sidewalk or recreation path planned in coordination with the South Burlington Recreation Path Committee shall be incorporated into the setback area. (5) The use of earthen berms of more than four feet (4’) in height above the average pre- construction or finished grade of the setback area, shall not be permitted. Under no circumstances shall vegetation other than grasses and low-growing shrubs be planted along the slope or top of any berms or other land shaped areas. Resolved in preliminary plat approval. OTHER – BUFFER STRIPS Section 3.06(I) Buffer Strip for Non-Residential Uses Adjacent to Residential District Boundaries. (1) Where a new non-residential use is adjacent to or within fifty (50) feet of the boundary of a residential district, or where an existing non-residential use, structure or parking area that is adjacent to or within fifty (50) feet of the boundary of a residential district is proposed to be expanded, altered or enlarged, the required side or rear setback shall be increased to sixty-five (65) feet. A strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback shall be landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not ordinarily be permitted within the fifteen (15) foot wide buffer area. Resolved in preliminary plat approval. TRANSFER OF DEVELOPMENT RIGHTS The applicant proposes 52 new dwelling units, for a proposed density of approximately 2.9 units per acre. This requires 31 transferable development rights (52 proposed – 21 ‘base level’ = 31). The applicant submitted the option agreement with the Auclair family for these TDRs. RECOMMENDATION There are very few issues or details still outstanding subsequent to the master plan and preliminary plat approvals, and the applicant has been asked to clarify these matters timely for both Staff and Board review CITY OF SOUTH BURLINGTON 17 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING prior to the June 3 hearing. The applicant has also been asked to consolidate his multiple responses to the preliminary plat approval, so there is clarity, and we all share the same understanding of what will occur upon the land. Respectfully submitted, ________________________________ Raymond J. Belair, Administrative Officer TRCTRCCEA1" = 50'11202P1RYE MEADOWP.U.D.1075 Hinesburg RoadSouth Burlington, VTMAY 23, 2013Subdivision PlatRECEIVED FOR RECORDING IN THE LAND RECORDS OFTHE CITY OF SOUTH BURLINGTON, VERMONT, AT______________ O'CLOCK ON THE ______ DAY OF__________, 20_____.ATTEST: ____________________________, CITY CLERKTo the best of my knowledge and belief thisplat, consisting of two sheets, depicts theresults of a survey conducted by me asdescribed in "Survey Notes" above, basedupon our analysis of land records andevidence found in the field. Existingboundaries shown are in substantialconformance with the records, except asnoted. This plat is in substantial compliancewith 17 VSA 1403, "Recording of Land Plats".This statement valid only when accompaniedby my original signature and seal.__________________________________________ Timothy R. Cowan VT LS 597APPROVED BY RESOLUTION OF THE DEVELOPMENT REVIEWBOARD OF THE CITY OF SOUTH BURLINGTON, VERMONT,ON THE _____ DAY OF ________, 20____, SUBJECT TO THEREQUIREMENTS AND CONDITIONS OF SAID RESOLUTION.SIGNED THIS _____ DAY OF _________, 20______.BY ___________________________________, CHAIRPERSON- Legend -- Survey Notes -1. Purpose of this survey and plat is to a.) retrace the boundaries of a parcel of landconveyed to Rye Associates, LLC by warranty deed of Arthur H. Rye, TimothyBrisson et al. dated January 29, 2007 and recorded in Volume 774 at Page 592 ofthe South Burlington Land Records, and, b.) depict the subdivision of said parcel intoa Planned Unit Development as shown.2. Other (neighboring) property lines and buildings shown may be approximate only,and are shown for informational purposes only.3. Field survey was conducted during 2012 and consisted of a closed-loop traverseutilizing an electronic total station instrument. Bearings shown are from Grid North,Vermont Coordinate System of 1983, based upon our GPS observations on oradjacent to the site. [Note that the bearings differ substantially from those shown onReference Plat A, since it depicts bearings from Magnetic North, while this surveyuses Grid North.4. Iron pipes shown as "found" are typically labeled with inside diameter, rods withoutside diameter, unless otherwise indicated. Condition of pipes, rods and markersfound are "Good" unless otherwise noted. Corners denoted "Proposed" shalltypically consist of58" diameter X 40" long rebar or by 4" square concrete markers,either type capped with aluminum disks stamped "Civil Engineering Assocs. - VT LS597", and typically set flush with existing grade.5. Land areas (acreages) shown are calculated to the sidelines of existing orproposed streets as shown.- Reference Plats -A. "Lands of Brisson & Rye - SubdivisionPlat" last revised 12/4/2006 by O'Leary -Burke Civil Associates, PLC. Recorded inMap Slide 491, South Burlington LandRecords.B. "Oak Creek Village - Final Plat" , datedAugust 1987 by Fitzpatrick-Llewellyn, Inc.Recorded in Map Slide 204, SouthBurlington Land Records.PROPOSED 10' wide sewer (force main) easement across Commercial Lot 5 to servethe Rye HOA.PROPOSED 10' wide sewer easement across Lot 20 to serve the Rye HOA.PROPOSED 10' wide easement, located along the street R.O.W. across Lots 8 -14,Lots 23 - 31 and Commercial Lots 1 - 5, to serve Green Mountain Power Corp.PROPOSED 10' wide foundation drain easement crossing Lots 8 - 14 to serve the RyeHOA.PROPOSED 10' wide foundation drain easement crossing Lots 18 - 21 to serve the Rye HOA.PROPOSED 10' wide foundation drain easement crossing Lots 23 - 30 to serve Lot 7and Lots 15 -22.PROPOSED 10' wide drainage easement crossing Lot 8.PROPOSED 20' wide access easement for maintenance of proposed pump station and detention basin on Lot 31.PROPOSED (Temporary) drainage easement across park lands of City to existing waterway.COMMERCIAL LOTS 1 - 5 shall be subject to inter-connective reciprocal access easements. Locations to be determined upon individual site plan approvals.EXISTING 20' wide utility easement over portion of Lot 113 of the "Oak Creek Village"subdivision per Vol. 262 Pg. 444. (See Ref. Plat A.)REVISED PROPERTY LINESAL/TC12.6.13EDIT LABELS & NOTESTRC12.31.13- Easement Notes -341256782.54 acre parcel to be dedicated to City for "Park / Open Space"0.07 acre parcel (20' wide) to be dedicated to City for recreation pathLot 31 (0.80 acres) to be conveyed to Rye Homeowners Association forstorm water management purposesProposed Street shown as "Rye Circle". Variable width (from 55' to 61'wide). Land area: 2.25 acres.Proposed Street shown as "Edgewood Lane". 55 feet in width.Land area: 0.21 acres.Proposed Street shown as "Cottage Circle". 45 feet in width.Land area: 0.25 acres.- Proposed Dedications -9ADD SHEET P2, DEDICATIONSEASEMENTS 8 - 11, LOT 7ATRC01.24.14See Sheet P2forStorm Easement108- Short Line Table -11REVISED ROAD NAMESAL/TC3.24.14P:\AutoCADD Projects\2011\11202\1-CADD Files-11202\Dwg\11202-SUBDIV-PLAT-2014-01-24.dwg, 3/24/2014 3:20:31 PM, aloiselle TRCTRCCEA1" = 50'11202P2RYE MEADOWP.U.D.1075 Hinesburg RoadSouth Burlington, VTMAY 23, 2013Subdivision PlatRECEIVED FOR RECORDING IN THE LAND RECORDS OFTHE CITY OF SOUTH BURLINGTON, VERMONT, AT______________ O'CLOCK ON THE ______ DAY OF__________, 20_____.ATTEST: ____________________________, CITY CLERKTo the best of my knowledge and belief thisplat, consisting of two sheets, depicts theresults of a survey conducted by me asdescribed in "Survey Notes" above, basedupon our analysis of land records andevidence found in the field. Existingboundaries shown are in substantialconformance with the records, except asnoted. This plat is in substantial compliancewith 17 VSA 1403, "Recording of Land Plats".This statement valid only when accompaniedby my original signature and seal.__________________________________________ Timothy R. Cowan VT LS 597APPROVED BY RESOLUTION OF THE DEVELOPMENT REVIEWBOARD OF THE CITY OF SOUTH BURLINGTON, VERMONT,ON THE _____ DAY OF ________, 20____, SUBJECT TO THEREQUIREMENTS AND CONDITIONS OF SAID RESOLUTION.SIGNED THIS _____ DAY OF _________, 20______.BY ___________________________________, CHAIRPERSON- Legend -- Survey Notes -See Sheet 1 of 2 for Survey Notes.- Reference Plats -A. "Lands of Brisson & Rye - Subdivision Plat" last revised 12/4/2006 byO'Leary - Burke Civil Associates, PLC. Recorded in Map Slide 491, SouthBurlington Land Records.B. "Oak Creek Village - Final Plat" , dated August 1987 by Fitzpatrick-Llewellyn,Inc. Recorded in Map Slide 204, South Burlington Land Records.PROPOSED 10' wide easement, located along the street R.O.W. across Lots8 - 14, Lots 23 - 31 and Commercial Lots 1 - 5, to serve Green MountainPower Corp.PROPOSED 20' wide access easement for maintenance of proposed pumpstation and detention basin on Lot 31.PROPOSED (Temporary) drainage easement across park lands of City toexisting waterway on City lands. To be extinguished upon acceptance ofstorm water facilities by City.EXISTING 20' wide utility easement over portion of Lot 113 of the "OakCreek Village" subdivision per Vol. 262 Pg. 444. (See Ref. Plat A.)- Easement Notes -83110.07 acre parcel (20' wide) to be dedicated to City for recreation pathLot 31 (0.80 acres) to be conveyed to Rye Homeowners Association forstorm water management purposes- Proposed Dedications -9See Sheet P1forSubdivision Details- Location Map -NOT to SCALEFOX RUN LANEHINESBURG RD. MEAD O WLA N D D R.89116"Temporary" StormWater Easement(Easement Note 9)REVISED PROPERTY LINESAL/TC12.6.13EDIT LABELS & NOTESTRC12.31.13ADD SHEET P2, DEDICATIONSEASEMENTS 8 - 11, LOT 7ATRC01.24.148LOT 31 CONVEYED TO S. BURL.AL/TC3.24.14P:\AutoCADD Projects\2011\11202\1-CADD Files-11202\Dwg\11202-SUBDIV-PLAT-2014-01-24.dwg, 3/24/2014 3:24:07 PM, aloiselle DSMDSMACL1" = 10'11202L-6DEC., 2011LOT 31STORMWATERTREATMENTPLANTING PLAN DSMDSMACL1" = 50'11202C1.0DEC., 2011LOCATION MAP1" = 2000'RYEMEADOWASSOCIATES, INC25 OMEGA DRIVE, SUITE 201WILLISTON, VERMONT 054951075 HINESBURG RD.SOUTH BURLINGTONVERMONTPHASE IPROPOSEDCONDITIONSSITE PLANFOX RUN LANEHINESBURG RD.89116MEADOWLAND DR.RYEMEADOWPLANNED UNITDEVELOPMENTP:\AutoCADD Projects\2011\11202\1-CADD Files-11202\Dwg\11202K.dwg, 3/25/2014 2:22:43 PM, aloiselle DSMDSMACL1" = 50'11202C1.2MAY, 2013LOCATION MAP1" = 2000'RYEASSOCIATES, INC25 OMEGA DRIVE, SUITE 201WILLISTON, VERMONT 054951075 HINESBURG RD.SOUTH BURLINGTONVERMONTSITELIGHTINGPLANFOX RUN LANEHINESBURG RD.89116MEADOWLAND DR.RYEMEADOWPLANNED UNITDEVELOPMENTLIGHTING LEVEL LEGENDP:\AutoCADD Projects\2011\11202\1-CADD Files-11202\Dwg\11202K.dwg, 3/25/2014 2:23:54 PM, aloiselle DSMDSMACL1" = 15'11202C1.6MARCH, 2014LOCATION MAP1" = 2000'PARK / OPENSPACE ACTIVEUSE AREAPLANFOX RUN LANEHINESBURG RD.89116MEADOWLAND DR.RYEASSOCIATES, INC25 OMEGA DRIVE, SUITE 201WILLISTON, VERMONT 054951075 HINESBURG RD.SOUTH BURLINGTONVERMONTRYEMEADOWPLANNED UNITDEVELOPMENTP:\AutoCADD Projects\2011\11202\1-CADD Files-11202\Dwg\11202K.dwg, 3/25/2014 2:26:52 PM, aloiselle DSMDSMACL1" = 50'11202C3.0DEC., 2011LOCATION MAP1" = 2000'GRADING &DRAINAGESITE PLANFOX RUN LANEHINESBURG RD.89116MEADOWLAND DR.RYEASSOCIATES, INC25 OMEGA DRIVE, SUITE 201WILLISTON, VERMONT 054951075 HINESBURG RD.SOUTH BURLINGTONVERMONTRYEMEADOWPLANNED UNITDEVELOPMENTP:\AutoCADD Projects\2011\11202\1-CADD Files-11202\Dwg\11202K.dwg, 3/25/2014 2:25:24 PM, aloiselle DSMDSMACL1" = 20'11202C3.2JAN., 2014LOCATION MAP1" = 2000'COMMERCIALLOT #1SITE PLANFOX RUN LANEHINESBURG RD.89116MEADOWLAND DR.RYEASSOCIATES, INC25 OMEGA DRIVE, SUITE 201WILLISTON, VERMONT 054951075 HINESBURG RD.SOUTH BURLINGTONVERMONTRYEMEADOWPLANNED UNITDEVELOPMENTP:\AutoCADD Projects\2011\11202\1-CADD Files-11202\Dwg\11202K.dwg, 3/25/2014 2:26:20 PM, aloiselle DSMDSMACL1" = 20'11202C3.3JAN., 2014LOCATION MAP1" = 2000'4-PLEX UNITSLOT #6SITE PLANFOX RUN LANEHINESBURG RD.89116MEADOWLAND DR.RYEASSOCIATES, INC25 OMEGA DRIVE, SUITE 201WILLISTON, VERMONT 054951075 HINESBURG RD.SOUTH BURLINGTONVERMONTRYEMEADOWPLANNED UNITDEVELOPMENTP:\AutoCADD Projects\2011\11202\1-CADD Files-11202\Dwg\11202K.dwg, 3/25/2014 2:27:34 PM, aloiselle DSMDSMACL1" = 20'11202C3.4JAN., 2014LOCATION MAP1" = 2000'COTTAGESLOT #7SITE PLANFOX RUN LANEHINESBURG RD.89116MEADOWLAND DR.RYEASSOCIATES, INC25 OMEGA DRIVE, SUITE 201WILLISTON, VERMONT 054951075 HINESBURG RD.SOUTH BURLINGTONVERMONTRYEMEADOWPLANNED UNITDEVELOPMENTP:\AutoCADD Projects\2011\11202\1-CADD Files-11202\Dwg\11202K.dwg, 3/25/2014 2:28:23 PM, aloiselle DSMDSMACL1" = 20'11202C3.5JAN., 2014LOCATION MAP1" = 2000'COTTAGESLOT #8SITE PLANFOX RUN LANEHINESBURG RD.89116MEADOWLAND DR.RYEASSOCIATES, INC25 OMEGA DRIVE, SUITE 201WILLISTON, VERMONT 054951075 HINESBURG RD.SOUTH BURLINGTONVERMONTRYEMEADOWPLANNED UNITDEVELOPMENTP:\AutoCADD Projects\2011\11202\1-CADD Files-11202\Dwg\11202K.dwg, 3/25/2014 11:24:31 AM, aloiselle Rye Associates Preliminary Plat Conditions of Approval With Status Responses March 21, 2014 1.All previous approvals and stipulations shall remain in full effect except as amended herein.Acknowledged. 2.This project shall be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning.Acknowledged. 3.The applicant shall obtain a zoning permit for the first building within six (6) months of this approval.The Development Review Board grants a period of five (5) years for approval of the multi-family buildings and the commercial building. At such time as the five years is reached and the applicant has not sought a zoning permit for any of these approved buildings, they shall be eligible, per Section 17.04 of the South Burlington Land Development Regulations, for one (1)extension to an approval if the application takes place before the approval has expired and if the Development Review Board determines that conditions are essentially unchanged from the time of the original approval. In granting such an extension, the Development Review Board may specify a period of time up to one (1)year for the extension.Acknowledged. 4.Prior to the issuance of a zoning permit for the 22nd dwelling unit,the applicant shall record the document entitled,"Density Reduction Easement and Transfer of Development Rights" and a survey of the area from which the 31 transferable development rights have been severed as required under 24 V.S.A§ 4423(b)(4), upon approval of the City Attorney in the South Burlington land records.Acknowledged. 5.The applicant shall obtain a Certificate of Occupancy prior to use or occupancy of any of the buildings other than the single family homes.Acknowledged. 6.The applicant shall submit legal documents confirming options to purchase the 31 additional development rights for review by the City Attorney prior to final plat approval.This application submittal includes a copy of the agreement for the purchase of the TDR’s from the Auclair Farm. 7.The applicant shall receive preliminary wastewater allocations prior to final plat approval.These have been acquired and are attached. 8.The applicant shall receive final wastewater allocations prior to issuance of any zoning permits.Acknowledged. Prelim.Plat Cond of Approval Response Page 2 of 6 March 21, 2014 9.The Board approves a one (1)space,7.2% parking waiver for lot #8 for a total of 13 spaces provided.Acknowledged. 10.The Board approves a one (1)space, 6.7%parking waiver for lot #1 for a total of 14 spaces provided.Acknowledged. 11.The Board approves the document entitled,"Single Family Home Design Guidelines Rye Parcel Subdivision" prepared by Rabideau Architects which set forth the method by which the applicant will comply with the residential design guidelines.Acknowledged. 12.The final plat submittal shall include information as to whether the specification "color as selected by architect"means that all four buildings will be of the same color or whether a variety of colors will be added.To be addressed. 13.The Board approves the following waivers:Acknowledged. Appendix C Table C-2 Dimensional Standards A. Single Family Minimum Lot Size from 12,000 SF to 9,937SF. B.Single Family Max. Building Coverage from 15% to 20% for all lots. C. Single Family Max. Lot Coverage from 30% to 42%for Lot 7. D. Single Family Front Yard Setback from 20' to 10' (Cottage Units 6-1 & 6-2 off of Edgewood Drive). E. Single Family Rear Yard Setback from 30' to 20' (Cottage Units 7-2 thru 7-6). F. Multi-Family Max. Building Coverage from 15% to 28%for Lot 6. G. Multi-Family Max. Lot Coverage from 30% to 55%for Lot 6. H. Commercial Lot Coverage from 30% to 54%for all lots except for Lot 3 which shall be 63% I. Commercial Building Coverage from 15% to 21%for all lots except for Lot 3 which shall be 26% Other Waivers • a waiver from minimum radius of curves for local streets 14.Pursuant to Section 15.13(E) of the Land Development Regulations,any new utility lines, services,and service modifications shall be underground.Acknowledged. 15.The proposed project shall adhere to standards for erosion control as set forth in Section16.03 of the South Burlington Land Development Regulations.In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations.Acknowledged. 16.Per section 12.03.F(1} of the City's land Development Regulations,upon completion of the infrastructure,the applicant shall submit record drawings showing pipe invert Prelim.Plat Cond of Approval Response Page 3 of 6 March 21, 2014 elevations,drainage structure rim elevation, pipe material,final grading,etc. Acknowledged. 17.The final plat submittal should include strategies for clearer delineation of the rear lot lines of all properties that adjoin the wetland buffers;possibilities include a line of planted cedars, split rail fencing,or other physical barrier to lessen the likelihood of residential uses intruding into the more sensitive wetland buffers.Acknowledged. 18.As a part of the final plat submittal,the applicant shall confirm with the Fire Chief that the issues raised in the Fire Chiefs August 13, 2013 letter to staff have been addressed satisfactorily, and that the design of "Cottage Circle" and any other changes,are acceptable.The specific comments from the Fire Chief are outlined below. 1.Turning radii and road widths within this development should be sized to allow for parking, set-up and operation fire apparatus.All of the public streets have minimum inside radii that facilitate the movement of fire trucks around the corners. The Department of Public Works specifically requested that the radii at Edgewood Lane and Fox Run Lane be reduced as a traffic calming measure with the acknowledgement that larger vehicles will need to swing out into the opposing lane. 2. There appears to be no hydrants adjacent to the “cottage units” off of Street D.A hydrant has been added at the east intersection of Cottage Circle and Swift Street Extention (OLD Street D). 3. Trees, fences and floral outcroppings should be placed so as not to interfere with the deployment of the aerial ladder, hoselines, portable ladders and other firefighting equipment.The tree placement has been undertaken in support of complying with the written standards in the Land Development Regulations. No other design measures have been implemented. 4. Commercial structures and multifamily units will need fire protection plan review from the South Burlington Fire Marshal’s office to review for compliance with the Vermont Fire and Building Safety Codes.Acknowledged. 19.There shall be no use of herbicides or pesticides, nor non-organic fertilizers, within the wetlands or associated 25 foot buffers.This shall be reflected in the association documents which shall be reviewed by the City Attorney prior to issuance of a zoning permit for the first building on the property.Acknowledged. 20.There shall be no mowing within 25 feet of the wetlands on the property.Brush-hogging shall be allowed no more than three (3) times per year.This shall be reflected in the Prelim.Plat Cond of Approval Response Page 4 of 6 March 21, 2014 association documents which shall be reviewed by the City Attorney prior to issuance of a zoning permit for the first building on the property.Acknowledged. 21.Any stormwater permit required from the Vermont Department of Environmental Conservation (DEC) Stormwater Division shall be provided to the Administrative Officer prior to the issuance of the first zoning permit.Acknowledged. 22.Any site-or plan-related details required by the Department of Public Works, as described in the findings (including but not·limited to stormwater management infrastructure,identified access drive of appropriate width for purposes of maintaining the pump station and detention basin on lot #31, landscaping plans for the detention basin on lot #31,submission of record drawings showing pipe invert elevations, drainage structure rim elevation,pipe material, final grading, etc.Acknowledged. 23.Prior to the issuance of the first zoning permit,the applicant shall submit final hydrologic modeling to the Department of Public Works so that this information can be incorporated into the City's watershed model for Potash Brook.Acknowledged.This application includes the hydrologic and hydrodynamic modeling of the project as it relates to demonstrating that the proposed infrastructure can accommodate the 25- year design storm. 24.The applicant shall be responsible to regularly maintain all stormwater treatment and conveyance structures on-site.Acknowledged. 25.For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance,the Development Review Board estimates that the 5,000 sq.ft.commercial building on commercial lot #1 will generate 7.45 vehicle trip ends during the P.M.peak hour.Acknowledged. 26.The plans shall be revised to show the changes below prior to final plat submission: a.The final plat plans shall include street names approved by the Planning Commission.The final names are being processed and the plans will be updated prior to Final approval. b.The final plat plans shall show maintenance access drives to the detention basin on lot #31 and to the pump station at a width acceptable to the Public Works Director. The plans have been revised to reflect the design requirements where the pump station and detention basin on lot #31 must have maintenance access drives a minimum of 12’ wide in a minimum 20’ wide easement. Prelim.Plat Cond of Approval Response Page 5 of 6 March 21, 2014 c.The final plat plans shall include landscaping for the area around the detention basin on lot #31.A landscaping plan has been prepared and is included in the landscaping plans. d.The final plat plans shall include landscaping sheets L-3 through L-5.These plans are included in the submittal. e.The survey plats shall indicate that monuments will be set at the corners of all residential lots which abut the open space/park lot.These have been added to the plat plan. f.The final plat plans shall be revised to Illustrate via crosshatch the limits of disturbance/excavation on existing city streets necessary for utility connections, matching curb radii, etc.These are depicted on sheet C4.1. g.The final plat plans shall indicate if on-street parking is proposed for Swift Street Extension.Parking is proposed to be enabled except within 50-feet of any street intersection. h. The final plat plans shall be revised to propose pedestrian-scaled light fixtures (e.g., 12' to 14').The site lighting plan has been revised to adopt the use of 14’high structures along the public street and a 12’high mounting height at the pedestrian crossing of Rye Circle. 27.The final plat plans shall propose methods of delineating the boundaries between private residential and common lands, including options such as coniferous trees and/or split rail fence.The application currently proposes the use of 6”high 6”x6”posts at 10-feet on center along the common perimeter. 28.Prior to final plat submittal, the applicant shall confirm with the Recreation Department the installation of a volleyball court in the dry detention basin.The volleyball court reference has been removed from the plans. 29.As a part of the final plat submittal, the applicant shall confirm with the Public Works Director that the design of "Cottage Circle", recently added to the plans, and any other changes, are acceptable.A set of plans specifically requesting comments on Cottage Circle have been forwarded to Mr. Justin Rabideau. 30.The final plat submittal shall include E911 addresses for structures in the proposed project, in conformance with local ordinances and Vermont E911 addressing standards. This plan is now attached as Sheet “911”. Prelim.Plat Cond of Approval Response Page 6 of 6 March 21, 2014 31.Prior to permit issuance, the applicant shall post landscaping bonds in the following amounts, for each element or "phase" of the project as described below. Each bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival.Acknowledged. Street trees:$94,592 Central open space:$12,436 Cottage units w/ garages:$28,776 Cottage units w/o garages:$25,335 Fourplex buildings:$52,519 Professional building:$16,784 32.Final plans shall be reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for evaluation including, but not limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants.A set of plans providing the conceptual building layouts and related access and water supply issues been forwarded to Chief Brent. 33.The applicant will be required to record a "Notice of Conditions" prior to recording the final plat plans indicating that for the purposes of the land Development Regulations, all the footprint lots are recognized as individual lots.Acknowledged. 34.The applicant shall propose other, additional methods of delineating these boundaries between private residential and common lands, including options such as coniferous trees and/or split rail fence.Please see Item #27 above. End of Conditions