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Minutes - Development Review Board - 10/04/2016
DEVELOPMENT REVIEW BOARD 4 OCTOBER 2016 The South Burlington Development Review Board held a regular meeting on Tuesday, 4 October 2016, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: B. Miller, Chair; J. Smith, D. Parsons, J. Wilking, F. Kochman ALSO PRESENT: R. Belair, Administrative Officer; L. Britt, Development Review Planner; C. Snyder, A. Rowe, S. Dopp, L. Ravin, J. Goodwin, T. Chittenden, T. Barritt, W. Gilbert, M. Scollins, G. Farrell, L. Kleh 1. Additions, deletions, or changes in order of agenda items: No changes were made to the Agenda. 2. Comments & Questions from the public not related to the Agenda: No issues were raised. 3. Announcements: Mr. Miller advised that he and Mr. Cota had attended the city’s Leadership meeting for committee chairs and vice chairs. Mr. Miller also noted that members can attend the fall Planning and Zoning Forum on 2 November. 4. Continued Preliminary Plat Application #SD-16-18 of The Snyder Group, Inc., for a planned unit development on 26.15 acres developed with two single family dwellings. The project consists of: 1) razing one single family dwelling, 2) constructing 18 single family dwellings, 3) constructing three 3-unit multi-family dwellings, and 4) constructing ten 2- family dwellings, 1302, 1340 & 1350 Spear St: Mr. Miller reminded the Board that this is the last chance to make any substantial changes. He also noted receipt of a letter dated 3 October 2016 from Daniel Seff, the attorney representing a number of the neighbors. The outstanding item from the last hearing was the traffic review by Public Works. The Public Works director is OK with the study and has noted the need for a southbound left turn lane. Mr. Miller reminded the applicant that all pavement markings must be permanent. Mr. Kochman noted 2 points in Mr. Seff’s letter that he felt merited consideration. The first is the lack of standards for the granting of waivers, and the second is the precedent to allow staff’s interpretation of the 200‐foot street regulation to allow for extension of a street to the property line of an adjacent property that may be developed in the future. Mr. Kochman said he will not vote against the application, but he felt these issues were important. Mr. Miller made it clear that the DRB is requiring the extension of the street beyond the 200-foot limit. Mr. Wilking noted that the applicant is putting 3 homes on the extension of the street. Mr. Kochman said the DRB could require a cash payment and easement so that the road could be extended in the future. The 3 units would then not be there. Mr. Parsons said there is significant precedent for requiring the extension of the road, and he had no issue with it. Mr. Miller read a text from Mr. Behr who has no issue with the plan. Mr. Belair cited similar requirements on Wildflower Lane, Windswept Lane and Sadie Lane, all of which have been developed to the end of the road. Mr. Rowe cited Article 15 in support of extending the road beyond 200 feet. Mr. Kochman asked if this will be a public street. Mr. Belair said ultimately it will, but it would be private for a while. Ms. Dopp was concerned that if the Gilbert property is not developed, there could be a 400 foot dead end street. Mr. Kochman said this has been a consistent practice but that he would not vote against it but that he "agreed with the interpretation of the opposing party." Both parties are well represented and the issue will be decided at the Supreme Court. Ms. Ravin was concerned that the water line easement is still shown on the plan. Mr. Miller said it would be gone by final plat. Mr. Gilbert asked about the list of waivers. Mr. Belair said staff comments include all the waivers, and all were discussed and approved by the DRB. Dr. Scollins asked about the possibility of the street hooking up with a public street. Mr. Miller said the street could easily hook back to Spear Street. Mr. Kochman felt it would be desirable to extend the street to the public space. Mr. Barritt asked about the possibility of a flashing pedestrian light on Spear Street. Mr. Rowe said the feeling is that there is no “receiving space” on the other side. Mr. Barritt said the shoulder on the other side is a designated bike/walking space which was made narrower. He felt there will be a lot of people in the area and no safe way to cross. He added that the city has made it a plan to make the city pedestrian/bike friendly. Dr. Scollins said there have been discussions that there would be a park somewhere along the rec path, where people can sit down. He felt the southeast corner would be a better location as it has a better view. It would require removing the furthest triplex. Mr. Snyder noted that other neighbors wanted the open space where it is now located. Mr. Rowe noted that the proposed open space area is larger than what is required. Mr. Snyder stressed that this plan follows the LDRs. There have been many iterations, and they have tried to address as many concerns as possible. Mr. Barritt felt that this plan maximizes the amount of open natural space, and that is advantageous. Mr. Wilking cited the need for a true rec path for Spear Street. Mr. Barritt noted the City Council saw plans last night for 4 rec paths in areas where there are no shoulders. This road does have shoulders. Ms. Kleh expressed concern with safety at the Spear/Swift intersection. She was also concerned with car lights shining into her parents’ home. Mr. Snyder said there is vegetation all along the roadway which should prevent that. Mr. Parsons said he would like input from Public Works on a flashing pedestrian light. He was concerned with having a number of crosswalks on Spear Street. Ms. Ravin noted the 2007 Spear Street Corridor Study shows a bike/ped facility on both sides of Spear Street. Mr. Goodwin said the Bike/Ped Committee would like to weigh in on this. Mr. Kochman asked if the applicant’s traffic plan calls for modification to the Swift/Spear intersection. Mr. Rowe said it does not but there is a traffic impact fee. Mr. Belair explained that the impact fee is used for projects named in the Impact Fee Ordinance. Mr. Rowe said none of those projects is on Spear Street. Members then were asked to “weigh in” on the extension of the 200‐foot road. All agreed to go with the precedent. Mr. Wilking then moved to close SD-16-18. Ms. Smith seconded. Motion passed unanimously. 5. Continued conditional use application #CU-16-04 & Site Plan Application #SP-16-35 of Rice Memorial High School for after-the-fact approval to amend a previously approved plan for a 126,875 sq. ft. educational facility. The amendment consists of: 1) replacing the first base dugout with a 32’x8’ dugout, 2) replacing the third base dugout with a 22’x32’ dugout, 3) replacing the backstop and 4) placing 6,449 cubic yards of fill on the front lawn, 99 Proctor Avenue: It was noted that the applicant had asked for a continuance to 18 October. Mr. Wilking moved to continue SD-16-26 and SP-16-35 to 18 October 23016. Ms. Smith seconded. Motion passed unanimously. 6. Sketch Plan Application #SD-16-26 of City of Burlington/Burlington International Airport to amend a previously approved Planned Unit Development for an airport complex. The amendment consists of 1) extending taxiways B and G, and 2) constructing a perimeter road from the existing quarry to the taxiway B extension, 1200 Airport Drive: Mr. Belair advised that the applicant had failed to display the placard as required. He recommended continuing to 18 October. Mr. Wilking moved to continue SD-16-26 to 18 October 2016. Mr. Kochman seconded. Motion passed unanimously. 7. Continued Master Plan application #MR-16-01 of O’Brien Farm Road, LLC, for a planned unit development to develop 50 acres with a maximum of 360 dwelling units and 55,000 sq. ft. of commercial space, 255 Kennedy Drive: Mr. Belair advised that the applicant had asked to continue to 18 October. Mr. Wilking moved to continue MR-16-01 to 18 October 2016. Mr. Kochman seconded. Motion passed unanimously. 8. Site Plan Application #SP-16-61 of Bill Shearer to amend a previously approved plan for an 8,400 sq. ft. building consisting of the following uses: 1) 4,100 sq. ft. of auto service and repair, 2) 3,300 sq. ft. of wholesale, and 3) 1,000 sq. ft. of general office. The amendment consists of expending the parking area to increase the number of spaces from 25 to 47, 45 Green Mountain Drive: Mr. Belair advised that the applicant had requested a continuance to 18 October. Mr. Wilking moved to continue SP-16-61 to 18 October 2016. Mr. Parsons seconded. Motion passed unanimously. 9. Minutes of 20 September 2016: Mr. Kochman moved to approve the Minutes of 20 September 2016 as written. Mr. Wilking seconded. Motion passed unanimously. 10. Other Business: There was no other business presented. As there was no further business to come before the Board, the meeting was adjourned by common consent at 8:30 p.m. , Clerk 11/15/2016 Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Development Review Board FROM: Lindsey Britt, Development Review Planner SUBJECT: SD-16-18 1302, 1340, & 1350 Spear Street — The Snyder Group, Inc. DATE: October 4, 2016 Development Review Board meeting Continued preliminary plat application #SD-16-18 of The Snyder Group, Inc. for a planned unit development on 26.15 acres developed with two (2) single family dwellings. The project consists of: 1) razing one (1) single family dwelling, 2) constructing 18 single family dwellings, 3) constructing three (3) 3-unit multi-family dwellings, and 4) constructing ten (10) 2-family dwellings, 1302, 1340, & 1350 Spear Street. Since the DRB meeting on September 20, 2016 staff has received the following comments from Justin Rabidoux of Public Works in an email dated September 29, 2016: I reviewed the traffic study for the referenced project submitted by L&D on behalf of the applicant. I support its findings with one exception – a southbound on Spear left turn lane needs to be added to this project to improve overall access, circulation and safety to the general area. The applicant has, under separate cover, sent over what that lane would look like and I approve of its design. I encourage the DRB to add this to the project and I suspect the applicant would be accept that condition. DPW staff has gone over the overall plans with Andy Rowe from L&D numerous times and each time minor tweaks have been made to pedestrian issues and I think the plan is acceptable at this point. I want to use this opportunity to remind the applicant that all pavement markings have to be Type 1 Permanent markings and preapproved by DPW prior to installation. Thanks, Justin Rabidoux Director of Public Works/City Engineer The left turn lane discussed above is part of the packet prepared for this meeting to be reviewed by the Board. 1. Staff recommends the Board support the comments from Public Works and the updated plan for a left turn lane on the southbound side of Spear Street as presented by the applicant. At the September 20, 2016 DRB meeting the Board discussed when and if dead end roads may be acceptable. The Board Chair requested the following pertinent portion (Section 15.12.D.4) of the Land Development Regulations be included in this memo: 2 (4) Connections to adjacent parcels. If the DRB finds that a roadway extension or connection to an adjacent property may or could occur in the future, whether through City action or development of an adjacent parcel, the DRB shall require the applicant to construct the connector roadway to the property line or contribute to the cost of completing the roadway connection. a. In any such application, the DRB shall require sufficient right-of-way to be dedicated to accommodate two (2) lands of vehicle travel, City utilities, and a ten-foot wide grade-separated recreation path. 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SEWER MANHOLE & SEWER LINEUTILITYPOLE&OVERHEADWIREEXISTING FENCE390490SWSNEW SEWER LINE & MANHOLENEW CATCH BASIN, PIPE & UNDERDRAINFINISH GRADE CONTOURNEW WATER MAIN & HYDRANT9/23/16 CREATED SHEET FOR LEFT TURN LANE NDSEXISTING MAILBOX90'180'45'225'12SYMBOL MARKING24" STOP BAR4" SOLID WHITE LINE4" DOTTED WHITE LINEPAVEMENT MARKING LEGENDLEFT LANE MUST TURN LEFT,R3-7 (30" X 30")SIGN LEGENDABCD4" DOUBLE YELLOW LINEEPROPOSED ROAD WIDENINGWORD MARKINGGLANE ASSIGNMENT SIGN,VR-921 (30" X 36")GAA2" TYPE IV BITUMINOUS CONCRETEPAVEMENT WEAR COURSEROAD WIDENING DETAILNTS2' WIDE AGGREGATE SHOULDER(VTRANS SPEC.704.12A)18" DENSE GRADED CRUSHEDSTONE (VTRANS SPEC . 704.06A)EXISTINGSUBGRADE1/4"/FTEXISTING GROUND14GEOTEXTILE FABRIC6" COURSE GRADED CRUSHEDGRAVEL FOR SUBBASE(VTRANS SPEC.704.05)EXISTING SUBBASEEXISTING PAVEMENT(SPEAR STREET)PAVEMENTWIDENINGSEE PLANSMINIMUM 4" TYPE I I BITUM INOUSCONCRETE PAVEMENT BASE COURSEOR MATCH EXISTING. MAX. 2" LIFTS4" TOPSO IL, SEEDAND MILCHSAW CUT EX ISTING PAVEMENTEXISTING TREES, TREE REMOVAL1' MIN.CECCCEEBF8" YELLOW LINEFFCEDPRIOR TO PAVING, COLD PLANEEXISTING PAVEMENT 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Development Review Board FROM: Lindsey Britt, Development Review Planner SUBJECT: SD-16-26 1200 Airport Drive—City of Burlington/Burlington International Airport DATE: October 4, 2016 Development Review Board meeting Sketch plan application #SD-16-26 of City of Burlington/Burlington International Airport to amend a previously approved Planned Unit Development for an airport complex. The amendment consists of: 1) extending taxiways B and G, and 2) constructing a perimeter road from the existing quarry to the taxiway B extension, 1200 Airport Drive. The applicant failed to display the notice placard within 7 days of the meeting, which has resulted in a defect in the statutory public notice requirement. When this happens, the DRB does not review the application but continues it to a future meeting so the proper notice requirement is met. 1. Staff recommends the Board continue the application to the October 18th meeting to allow for proper public notice. DEVELOPMENT REVIEW BOARD 20 SEPTEMBER 2016 The South Burlington Development Review Board held a regular meeting on Tuesday, 20 September 2016, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: B. Miller, Acting Chair; J. Smith, D. Parsons, J. Wilking, M. Cota, F. Kochman ALSO PRESENT: R. Belair, Administrative Officer; L. Britt, Development Review Planner; F. Cresta, D. Cummings, A. Dow, D. Marshall, D. Hernberg, M. Janswold, D. & C. Michaelides, W. Chesbrough, V. Lambert. T. Kavanagh, C. Westin, D. Seff, W. Gilbert, M. Scollins, L. Ravin, A. Rowe, C. Snyder, S. Dopp 1. Additions, deletions, or changes in order of agenda items: No changes were made to the Agenda. 2. Comments & Questions from the public not related to the Agenda: No issues were raised. 3. Announcements: Ms. Smith noted she had participated in the Walk to End Alzheimer’s. 4. Preliminary and final plat Application #SD-16-25 of Fernando Cresta to amend a previously approved plan for a 49,159 sq. ft. multi-use commercial building. The amendment consists of obtaining approval for a planned unit development to divide the building into two buildings of 5,010 sq. ft. and 44,149 sq. ft., 1891 Williston Road: Mr. Kochman asked why the change is being made. Mr. Cresta said he wants to disconnect the two buildings and also provide more pedestrian space. No issues were raised. Mr. Wilking moved to close #SD-16-25. Mr. Cota seconded. Motion passed 6-0. DEVELOPMENT REVIEW BOARD 20 SEPTEMBER 2016 PAGE 2 5. Continued Final Plat Application #SD-16-19 of Veronica Lambert to subdivide a 4.11 acre parcel developed with a single family dwelling and a two-family dwelling into two lots of 1.44 acres (lot #1) and 2.67 acres (lot #2), 1405 Hinesburg Road: Mr. Chesbrough said a 3-bedroom home and garage are on lot #1 with a metal shed in back. The intent is to separate the rental unit from the residence for the purpose of resale. No issues were raised. Mr. Wilking moved to close #SD-16-19. Mr. Cota seconded. Motion passed 6-0. 6. Continued sketch plan application #SD-16-14 of Eastern Development Corp. to develop a 12-unit planned unit development on 21.8 acres consisting of six two- family dwellings, 150 Swift Street: It was noted that the applicant had requested a continuance. Mr. Wilking moved to continue #SD-16-14 to 18 October 2016. Mr. Cota seconded. Motion passed 6-0. 7. Sketch Plan Application #SD-16-24 of Donald R. Cummings to subdivide two parcels developed with single family dwellings into three lots of 1.63 acres (lot #1), 0.58 acres (lot #2) and 0.58 acres (lot #3), 1811 Spear Street & 25 Harbor Ridge Road: Mr. Marshall showed an overhead photo of existing conditions. He noted that one property front on Spear Street (across from the solar installation) and the other, which has a single family home on it, is near the water tanks. Mr. Marshall then showed a picture of the originally proposed subdivision. He noted that a zoning district line goes through one lot. That proposal resulted in a lot that did not have enough density on it, even though the total allowed density of the whole property is 3 units. This resulted in the applicant considering a PUD, which would allow for the 3 lots and still DEVELOPMENT REVIEW BOARD 20 SEPTEMBER 2016 PAGE 3 maintain the character of the neighborhood. One challenge with this proposal is that staff required that the density of the underlying zoning district not be compromised. Mr. Marshall then noted that there is a section of the LDRs that talks about zoning districts that cut through a property. It allows the rules to be changed for up to 50 feet. This provides for the density to allow for the third house. The requirement for that adjustment is a conditional use approval. Mr. Marshall said they feel they can meet those requirements and want to know if the DRB would look favorably on that procedure. Mr. Cummings said that the Comprehensive Plan tries to encourage infill, so long as the overall density is met. He felt that is the case here. A PUD would allow the creation of 2 smaller lots and keep the integrity of the Spear Street lot. Mr. Marshall said they would be looking at a low-impact design, the introduction of a bio-swale and a driveway plan. Mr. Wilking said that as long as there is an innovative stormwater management plan, he is fine with the request. Mr. Michaelides, an abutting neighbor, expressed concern with the possibility of losing his view of the lake. He felt that moving the R-1 line adversely impacts his property. Mr. Belair noted that this property is not in a view protection zone. Mr. Wilking said the Board could ask the applicant to identify a building envelope. Mr. Marshall then showed an overhead photo that included marking for setback allowances. Mr. Cummings indicated the most “comfortable” spot to build a house which would have a good view. He said there would be a height limit in the deed when the property is transferred. Mr. Miller asked that when the applicant comes back, the application should include a sketch of what the view would look like from each property. Mr. Michaelides also indicated trees which he believes are on his property and which are blocking his view. He wants to chop them down. Mr. Marshall said a survey is needed to determine the accurate location of the trees. DEVELOPMENT REVIEW BOARD 20 SEPTEMBER 2016 PAGE 4 Another abutting neighbor said he has a favorable opinion of the proposed plan. 8. Continued Preliminary Plat Application #SD-16-18 of The Snyder Group, Inc., for a planned unit development on 26.15 acres developed with two single family dwellings. The project consists of: 1) razing one single family dwelling, 2) constructing 18 single family dwellings, 3) constructing three 3-unit multi-family dwellings, and 4) constructing ten 2-family dwellings, 1302, 1340, and 1350 Spear Street: Mr. Miller indicated items to be covered in staff comments. Mr. Snyder addressed those items as follows: a. They have not yet been in touch with the Fire Department regarding sprinklers. They will do this after preliminary plat. b. They have agreed to the changes recommended by the City Arborist. c. They have met with the Public Works Director regarding location of street lights. A plan of lighting locations was distributed to members. The lights will be in compliance with the new city requirements. They will all be the same fixture design. Mr. Belair noted the regulations require 12’ to 14’ pedestrian scale lights. Mr. Snyder noted there was a letter from UVM regarding the water line extension and the possibility of sharing that line. Mr. Snyder said they will remove that from the plan and not request that easement. They have other alternatives. Mr. Kochman commented that the “public space” doesn’t look very “public” to him. He asked how people would get to the gravel drive. Mr. Snyder said there are four nearby parking spaces and also access from the rec path. Mr. Wilking said he sees this as “open land” rather than park space. Mr. Miller then asked for public comment that had not previously been made regarding this application. DEVELOPMENT REVIEW BOARD 20 SEPTEMBER 2016 PAGE 5 Mr. Scollins asked whether the applicant talked with the Parks/Recreation Department regarding location of the open space. Mr. Rowe said that Parks/Recreation was contacted. The applicant made it clear that the city could do what it chooses with the property in the future. Mr. Seff, representing a group of neighbors, said they feel that “Street A” violates the 200-foot rule. Mr. Kochman said he understood there is an exception to that rule for a street that might be extended to connect to an adjacent property when that property is developed. He understood that there might be future development on the Gilbert property. Mr. Gilbert said he does not plan to develop there but wants to be sure a successive owner would have a logical access to the property. He showed where he felt it makes sense to have the connection. Mr. Belair said the regulations specifically require a developer to extend a street to a border where the adjacent property could be developed in the future. He noted that the DRB has approved several such extensions which are temporarily dead-ended. All of these extensions exceed 200 feet. Mr. Miller noted the applicant will have to return when they have a traffic impact review statement. Ms. Dopp asked if consideration was given to the proximity to a dangerous intersection. Mr. Belair noted the DRB tells the developer which intersections to include in their study. Mr. Rowe said the Spear/Swift intersection is in that study. Mr. Wilking moved to continue #SD-16-18 to 4 October. Mr. Cota seconded. Motion passed 6- 0. 9. Minutes of 6 September 2016: Mr. Wilking moved to approve the Minutes of 6 September 2016 as written. Mr. Cota seconded. Motion passed 6-0. 10. Other Business: No other business was presented. As there was no further business to come before the Board, the meeting was adjourned by common consent at 9:20 p.m. ___________________________, Clerk ___________________________, Date