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Minutes - Development Review Board - 11/21/2017
SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD MEETING MINUTES 21 NOVEMBER 2017 The South Burlington Development Review Board held a meeting on Tuesday, 21 November 2017, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: B. Miller, Chair (via phone), M. Cota (via phone), J. Wilking (via phone), F. Kochman (via phone) ALSO PRESENT: M. Keene, Development Review Planner 1. Directions on emergency evacuation procedures from conference room: Ms. Keene provided directions on emergency evacuation procedures. 2. Additions, deletions, or changes in order of agenda items: No changes were made to the Agenda. 3. Comments & Questions from the public not related to the Agenda: No issues were raised. 4. Announcements: There were no announcements. 5. Sketch plan application #SD-17-27 of Burlington International Airport to subdivide a 16,596 sq. ft. lot developed with a single family dwelling into two (2) lots of 9,500 sq. ft. (lot #1) and 7,096 sq. ft (lot #2), and to join lot #2 with the 7,273 sq. ft. lot located at 5 Maryland Street, 12 Ledoux Terrace. Mr. Cota moved to continue #SD-17-27 to 5 December 2017, 7 p.m. Mr. Kochman seconded. Motion passed 4-0. 6. Preliminary and final plat application #SD-17-26 of Alan Palmer for a planned unit development to amend a previously approved plan for a 39,375 sq. ft. medical and general office building. The amendment consists of converting 10,444 sq. ft. of general office use to nine (9) two-bedroom dwelling units, and redistributing the uses in the south section of the building such that 11,400 sq. ft. are medical offices and the remaining 17,531 sq. ft. are general office, 20 Kimball Avenue. Mr. Cota moved to continue #SD-17-26 to 5 December 2017, 7 p.m. Mr. Kochman seconded. Motion passed 4-0. 7. Final plat application #SD-17-28 of JAM Golf, LLC to subdivide a 47.99 acre parcel developed with a golf course into eleven (11) lots ranging in size from 0.37 acres to 45.03 acres, Golf Course Road. Mr. Cota moved to continue #SD-17-28 to 5 December 2017, 7 p.m. Mr. Kochman seconded. Motion passed 4-0. 8. Minutes of February 7, March 7, October 3, October 17, November 7, 2017. No action taken 9. Other Business: None As there was no further business to come before the Board, the meeting was adjourned by common consent at 7:03 p.m. These minutes were approved by the Board on December 5, 2017. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. SD‐17‐27 Staff Comments 1 1 of 3 CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD DEPARTMENT OF PLANNING & ZONING Report preparation date: November 16, 2017 Plans received: October 4, 2017 BURLINGTON INTERNATIONAL AIRPORT SKETCH PLAN APPLICATION #SD‐17‐27 Agenda Item #5 Meeting Date: November 21, 2017 Location Map SD‐17‐27 Staff Comments 2 2 of 3 PROJECT DESCRIPTION Sketch plan application #SD‐17‐27 of Burlington International Airport to subdivide a 16,596 sq. ft. lot developed with a single family dwelling into two (2) lots of 9,500 sq. ft. (lot #1) and 7,096 sq. ft. (lot #2), and to join lot #2 with the 7,273 sq. ft. lot located at 5 Maryland Street, 12 Ledoux Terrace. PERMIT HISTORY The Project is located in the Residential 4 district. The Development Review Board reviewed a version of the application on August 23, 2017 (#SD‐16‐16). Board comments at that time were that the newly created lot must have frontage. This issue has been addressed in this application by proposing to join the newly created lot #2 to the existing lot located at 5 Maryland Street. COMMENTS Administrative Officer Ray Belair and Development Review Planner Marla Keene (“Staff”) have reviewed the plans submitted on October 4, 2017 and offer the following comments. Numbered items for the Board’s attention are in red. CONTEXT The current application is to subdivide an existing lot into two lots. The first lot will retain the existing dwelling unit and accessory buildings, while the newly created vacant second lot is proposed to be joined to an existing lot fronting on Maryland Street. The lot fronting on Maryland Street, and all lots abutting the second lot, are owned by the City of Burlington. Ledoux Terrace and Maryland Street comprise a loop connected to Airport Drive which likely sees little through traffic. 1. Staff recommends the Board discuss the purpose of the subdivision with the applicant. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Density The R4 district has a minimum lot size of 9,500 sq. ft. and a maximum density of four (4) units per acre. The proposed size of Lot #1 is 9,500 sq. ft. Lot #2 will be less than the minimum lot size, but when combined with the 5 Maryland Street, will exceed the minimum lot size. The combined acreage of Lot #1, Lot #2 and 5 Maryland Street is 0.55 acres. With the combined development potential for two (2) units, this subdivision meets the density and minimum lot standards for the district. Setbacks & Lot Dimensions The existing dwelling unit is located within the front yard setback, and the existing garage and shed are located within the side yard setback. The degree of non‐conformity will not be changed by the proposed subdivision. The existing building coverage is 10.6% and the proposed building coverage for Lot #1 is 18.6%. Both of these values are below the allowable maximum of 20% building coverage. The existing lot coverage is 14.8% and the proposed lot coverage for Lot #1 is 25.9%. Both of these values are below the allowable maximum of 40% lot coverage. RECOMMENDATION SD‐17‐27 Staff Comments 3 3 of 3 Staff recommends that the Board discuss the Project with the applicant and close the hearing. Respectfully submitted, Marla Keene, Development Review Planner 802-864-2323 FAX: 802-864-2271 web: www.cea-vt.comCIVIL ENGINEERING ASSOCIATES, INC.ACELOCATION MAPNOT to SCALEP1Clayton & Gail Holmes12 LEDOUX TERRACESOUTH BURLINGTON VERMONT MINOR SUBDIVISION SKETCH PLANRECEIVED FOR RECORDING IN THE LAND RECORDS OF THE CITY OF SOUTHBURLINGTON, VERMONT, AT______________ O'CLOCK ON THE ______ DAY OF__________, 20_____.ATTEST: ____________________________, CITY CLERKAPPROVED BY RESOLUTION OF THE DEVELOPMENT REVIEW BOARD OF THECITY OF SOUTH BURLINGTON, VERMONT, ON THE _____ DAY OF _____________,20____, SUBJECT TO THE REQUIREMENTS AND CONDITIONS OF SAIDRESOLUTION. SIGNED THIS _____ DAY OF ______________, 20______.BY ___________________________________, CHAIRPERSONTo the best of my knowledge and belief this plat depicts theresults of a survey conducted by me as described in "SurveyNotes" above, based upon our analysis of land records andevidence found in the field. Existing boundaries shown are insubstantial conformance with the records, except as noted.This plat is in substantial compliance with 27 VSA 1403,"Recording of Land Plats". This statement valid only whenaccompanied by my original signature and seal.____________________________________________________Rebecca Gilson VT LS 109314- Survey Notes -1. Purpose of this survey is to retrace, monument, document and subdivide the boundaries ofan existing parcel of land deeded to Clayton Holmes and Gail Holmes by quit claim deeddated October 8, 2009 recorded Vol. 899, Pg. 246 of the City of South Burlington LandRecords AND to retrace and document a vacant parcel of land deeded to the City ofBurlington by warranty deed dated January 27, 2010 recorded Vol. 917, Pg. 179 and mergethe northern portion of the Holmes parcel with the existing City of Burlington parcel. Otherneighboring property lines and buildings shown MAY be approximate only, and are shownfor information purposes only.2. Field survey was conducted during spring of 2016 and consists of a closed-loop traverseutilizing a robotic total station instrument. Bearings shown are from Grid North, VermontCoordinate System of 1983, based upon our GPS observations on or adjacent to the site(Reference Frame NAD83 (2011, Epoch 2010)).3. Iron pipes shown as “found” are typically labeled with inside diameter, rods with outsidediameter, unless otherwise indicated. Condition of pipes, rods and markers found are goodunless otherwise noted. Corners denoted “Proposed” shall typically consist of 5/8”diameter rebar capped with aluminum disks stamped “Civil Engineering Assocs. - VT LS 597”,and typically set flush with existing grade.PROJECTLOCATION2n/fBurlington, City ofVol. 921 Pg. 15Holmes, C. & G.12 Ledoux TerraceVol. 899 Pg. 246n/fRessler, D.20 Ledoux TerraceVol. 564 Pg. 10- Referenced Plats or Plans -A. "Proposed Sub-Division; Maryland Street Extension"; prepared by Webster-Martin,Inc.; January 1963; Map Slide 41.9.B. "Plan of Sunrise Park; Owned by Peterson & Barber"; prepared by Hoag & Assoc.Inc.; February 1956; Map Slide 17.2.C. "Study Plan No. 3 of the Land of Mr. & Mrs. Martello"; prepared by Hoag & Assoc.Inc.; July 1959; Map Slide 40.3 & 40.4.Proposed Lot 19500 Sq. Ft.0.22 AcresAdjustment Area(to be Merged with5 Maryland Street)7096 Sq. Ft.0.16 AcresLEGENDEGABUTTER PROPERTY LINE (APPROX.)WIRE FENCEEXISTING ELECTRICEXISTING GASEXISTING SEWER MANHOLEEXISTING SHUT OFFEXISTING UTILITY POLEPROPOSED PROPERTY LINESUBJECT PROPERTY LINEIRON PIPE FOUND/REBAR FOUNDXXBURLINGTONINTERNATIONALAIRPORT2n/fBurlington, City ofVol. 1225 Pg. 210n/fBurlington, City ofVol. 1186 Pg. 304n/fBurlington, City ofVol. 1188 Pg. 243FORMER PROPERTY LINES (APPROX.)PICKET/VINYL FENCECHAINLINK FENCESTOCKADE FENCEXXXXCAPPED REBAR PROPOSEDCALCULATED POINTIPF/RBFn/fBurlington, City ofVol. 1207 Pg. 185n/fBurlington, City ofVol. 415 Pg. 168n/fBurlington, City ofBurlington, City of5 Maryland StreetVol. 917 Pg. 179n/fBurlington, City ofVol. 1185 Pg. 20n/fBurlington, City ofVol. 1015 Pg. 314n/fBurlington, City ofn/fBurlington, City ofn/fBurlington, City ofVol. 1149/ Pg. 192Shed = 98 Sq. FeetGarage = 245 Sq. FeetDriveway = 692 Sq. FeetDeck = 395 Sq. FeetHouse = 942 Sq. FeetSide Porch = 40 Sq. FeetFront Porch = 44 Sq. FeetTotal = 2456 Sq. FeetTotal Area Proposed Lot 1 = 9500 Sq. Feet25.9%- Coverage Calculations -CRPRIGHT OF WAY LINESETBACKAPPLICANT:BURLINGTON INTERNATIONAL AIRPORT1200 AIRPORT DRIVE #1SOUTH BURLINGTON, VT 05403Garage = 245 Sq. FeetDecks & Porches = 479 Sq. FeetHouse = 942 Sq. FeetShed = 98 Sq. FeetBuilding Coverage Overall CoverageTotal = 1764 Sq. Feet18.6%4. Not being within the scope of this survey, Civil Engineering Associates, Inc. hasconducted no investigation whatsoever respecting whether or not the property andeach component thereof is in compliance with state or local permits.5. Utilities shown do not purport to constitute or represent all utilities located upon oradjacent to the surveyed premises. Existing utility locations are approximate only.Buried utilities shown are depicted based solely on surface indications. Actuallocations may vary. Contact Dig Safe (888-344-7233) prior to any construction.6. Ledoux Terrace is a 50' wide public right-of-way. Vol. 30, Pg. 171.7. Parcels lie in "Residential 4" Zoning District and is also inside the "Transit OverlayDistrict".8. Parcels do not lie within any floodplain as determined by the Federal EmergencyManagement Agency (FEMA) or as mapped by the City of South Burlington.Proposed Lot 214369 Sq. Ft.0.33 Acres- Area Calculations -LOT 112 Ledoux Terrace EXISTING = 16596 Sq. Ft. 0.38 AcresLESS = 7096 Sq. Ft. 0.16 Acres TOTALPROPOSED = 9500 Sq. Ft. 0.22 AcresLOT 25 Maryland Street EXISTING = 7273 Sq. Ft. 0.17 AcresPLUS = 7096 Sq. Ft. 0.16 Acres TOTALPROPOSED = 14369 Sq. Ft. 0.33 Acresn/f"NOW OR FORMERLY"n/fBurlington, City of WEXISTING WATER (APPROX.)SEXISTING SANITARY SEWER (APPROX.) SD‐17‐26 Staff Comments 1 of 7 CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SD_17_26_20Kimball_Palmer_PUD_final_2017‐11‐21.docx DEPARTMENT OF PLANNING & ZONING Report preparation date: November 15, 2017 Plans received: October 16, 2017 20 Kimball Avenue Final Plat Application #SD 17‐26 Agenda Item #6 Meeting date: November 21, 2017 Owner/Applicant Alan D. Palmer 20 Kimball Avenue South Burlington, VT 05403 Property Information Tax Parcel 0980‐00020 Commercial 1 – Limited Retail 1.878 acres Location Map SD‐17‐26 Staff Comments 2 of 7 PROJECT DESCRPTION Preliminary and final plat application #SD‐17‐26 of Alan Palmer for a planned unit development to amend a previously approved plan for a 39,375 sq. ft. medical and general office building. The amendment consists of converting 10,444 sq. ft. of general office use to nine (9) two‐bedroom dwelling units, and redistributing the uses in the south section of the building such that 11,400 sq. ft. are medical offices and the remaining 17,531 sq. ft. are general office, 20 Kimball Avenue. PERMIT HISTORY In 2005, the property received site plan approval to convert 795 square feet of general office to medical office (#SP‐05‐ 61). At that time the applicant demonstrated that they had one more parking space than the minimum required number of spaces. The conversion generated an additional 1.76 additional vehicle trip ends during the P.M. peak hour. In May 2017, the Board reviewed a sketch plan application to convert 10,444 sq. ft. of general office to 10 residential units, and to construct a 1,800 sq. ft. penthouse addition to contain two dwelling units. The application also included a proposal to create an outdoor space for tenants. At the time of sketch plan, Staff recommended the applicant increase the size of the outdoor space by using shared parking to reduce the number of parking spaces. The applicant was also requesting a height waiver to construct the penthouse, which is not contemplated in the current application. Development Review Planner Marla Keene and Administrative Officer Ray Belair, hereafter referred to as Staff, have reviewed the plans submitted by the applicant and have the following comments. CONTEXT The subject property is located on Kimball Avenue in an area built out with a number of similar office buildings. The Project is located east of the recently approved O’Brien Home Farm project. There is a sidewalk on Kimball Avenue immediately adjacent to the Project, which connects to a recreation path on Kennedy Drive. There is also a recreation path farther to the east on Kimball Avenue which is planned to connect to Kennedy Drive in the future. Potash Brook, a waterbody impaired for stormwater, flows from east to west to the rear of the property, and the segment of Potash Brook immediately behind the property is conveyed through an existing culvert. COMMENTS A) Zoning District & Dimensional Requirements Commercial 1 – Limited Retail Required Existing Proposed Min. Lot Size 20,000 sq. ft. non‐ residential 81,810 sq. ft. No change Max. Building Coverage 40% 17% No change Max. Overall Coverage 70% 48.7% 48.6% Min. Front Setback 30 ft. 60 ft. No change Min. Side Setback 10 ft. 67 ft. No change Min. Rear Setback 30 ft. 45 ft. No change Building Height (flat roof) 35 ft. 35 ft. No change Proposed to be in compliance SD‐17‐26 Staff Comments 3 of 7 B) Section 12.01C(2) of the South Burlington Land Development Regulations establishes the following general standards for all site plan applications located within ten (10) feet horizontal distance of the centerline of a drainage way. (a) The clearing of trees that are not dead, heavily damaged by ice storms or other natural events, or diseased, and the clearing of any other vegetation other than invasive species, is permitted only in conjunction with DRB approval pursuant to (3) or (4) below. (b) Any areas within a required stream buffer that are not vegetated or that are disturbed during construction shall be seeded with a naturalized mix of grasses rather than standard lawn grass, and shall not be mowed. (c) The creation of new lawn areas within stream buffers is not permitted after the effective date of these regulations. (d) Snow storage areas designated pursuant to site plan or PUD review shall not be located within stream buffers unless the applicant can demonstrate that: (i) There is no reasonable alternative location for snow storage on the same property. (ii) Measures such as infiltration areas have been incorporated into the site plan and/or stormwater treatment system to reduce the potential for erosion and contaminated runoff entering the associated stream as a result of snow melt. (e) The placing or storing of cut or cleared trees and other vegetation within the stream buffer is prohibited. Potash Brook has been culverted to the rear of the property. There is an existing drainage way tributary to Potash Brook located immediately adjacent to the property line, within ten (10) feet of the limits of the project, therefore the requirements of Article 12 apply. The applicant is proposing to replace a portion of the paved parking area with a gravel and landscaped recreation area within the stream buffer. Snow storage is proposed to be located outside of the stream buffer area. Staff considers these criteria met. C) 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 Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. The 2016 Comprehensive Plan identifies the future land use near the intersection of Kennedy Drive and Kimball Road as an area of medium to higher intensity mixed use. Staff considers this criterion met. B. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. No new buildings are proposed. Parking is discussed below. Staff considers this criterion met. (2) Parking: (a) (not applicable) (b) The Development Review Board may approve parking between a public street and one or more SD‐17‐26 Staff Comments 4 of 7 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.) to (iii.) (not applicable) (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). The Project consists of re‐assigning uses to an existing building. After construction of the recreation area, 132 parking spaces will remain. The applicant has submitted a shared parking analysis using the methodology described in 13.01E(2). Staff calculates that the shared parking analysis provided is incorrect in that it over‐calculates the required number of residential spaces and under‐calculates the required number of office spaces. However, using corrected values, the maximum shared parking spaces required is 132, which is equivalent to the number of parking spaces required, therefore staff considers this criterion met. (3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. No new buildings are proposed. Staff considers this criterion met. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. No newly installed exterior utility services are proposed. Staff considers this criterion met. C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. No new buildings are proposed. The applicant is proposing to use common sculptural elements at the front of the building and in the recreation area to the rear. Staff considers this criterion met. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: 1. Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The property shares a curb cut with the building at 30 Kimball Avenue and the building at 275 Kennedy Drive, thus limiting curb cuts onto adjacent roads. Staff considers this criterion met. 2. Utility Services. 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. No newly installed exterior utility services are proposed. Staff considers this criterion met. SD‐17‐26 Staff Comments 5 of 7 3. Disposal of Wastes. 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). No changes are proposed to the existing dumpster enclosure, which is in compliance with this criterion. Staff considers this criterion met. 4. Landscaping and Screening Requirements. (See Article 13, Section 13.06) Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to planned unit development review. The total cost of the buildings in the portion of the project seeking final plat approval is estimated at $157,000 by the applicant. The minimum landscaping budget for projects with a building construction cost up to $250,000, is 3% of the building construction cost, or $4,710. Due to damage being caused to the building, the applicant has removed an 8‐inch cedar from the front of the property, the presence of which was included in the prior site plan approval for the property. The applicant has provided a methodology for calculating the value of the 8‐inch cedar. Using the methodology provided, staff calculates the replacement value to be $583.96. Combined with the required plantings for the current PUD, the applicant is required to provide $5293.95 in landscaping value. The applicant is proposing $1,844 in plantings. The applicant is requesting that the cost of the hardscape elements of the recreation area and the sculptures to the front of the property be applied to the required landscape value. The applicant has provided a breakdown of the costs of the various hardscape elements. 1) Staff recommends the Board approve a portion of the hardscape value to the required landscape value. The City Arborist indicated on November 9, 2017 in an email to staff that there are no comments on the proposed plantings. D) Section 15.18A of the South Burlington Land Development Regulations establishes the following general standards for all subdivisions. (1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. The Applicant has provided preliminary allocation letters for both water and wastewater for the proposed project. Staff considers this criterion met. (2) Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. SD‐17‐26 Staff Comments 6 of 7 The anticipated area of disturbance associated with the project is limited to approximately 2,600 square feet. The applicant must comply with the minimum standards for erosion control, including stabilization timelines in Section 16.03B and topsoil requirements of Section 16.04A. 2) Staff recommends the Board include the stabilization timelines of Section 16.03B and topsoil requirements of Section 16.04A as a condition of approval. (3) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. The Project does not alter access, circulation or traffic management. See discussion of the shared curb cut related to Site Plan Review Standards above. Staff considers this criterion met. (4) The project’s design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project’s impact on natural resources. The Project abuts a drainage way tributary to Potash Brook. See discussion regarding Article 12 above. Staff considers this criterion met. (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. The applicant is not proposing to construct any new building. They have provided a landscaping plan and a rendering of the proposed refurbished front entrance. Staff considers this criterion to be met. (6) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The Project enhances the open space available on the site by providing a stone recreation area with a pavilion and benches surrounded by trees and shrubs. The rear 15‐feet of the area are a pedestrian path easement, and the proposed hardscape and amenities will be located outside of the easement. Staff considers this criterion met. (7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval including, but not be limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. The deputy fire chief reviewed the project and on 06/20/2017 indicated via email that there are no issues pertaining to the exterior of the building or site. Staff considers this criterion met. SD‐17‐26 Staff Comments 7 of 7 (8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. There is an existing 15‐foot recreation path easement located along the rear of the property. The Project does not create any barriers to use of the recreation path easement. Other elements of the site plan remain unchanged. Staff considers this criterion met. (9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. There are no proposed changes to these elements. Staff considers this criterion met. The applicant obtained preliminary water and wastewater allocation in September, 2017. The project received notice from the South Burlington school district that the proposed project would not create an unreasonable burden on the school system in September 2017. (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). See discussion above under Site Plan Review Standards. (11) The project’s design incorporates strategies that minimize site disturbance and integrate structures, landscaping, natural hydrologic functions, and other techniques to generate less runoff from developed land and to infiltrate rainfall into underlying soils and groundwater as close as possible to where it hits the ground. The Project proposes to remove some pavement and replace with a gravel and landscaped area, slightly reducing runoff potential. The Project is currently served by an existing closed drainage system which is tributary to Potash Brook. Staff considers this criterion met. E) Traffic Generation The 2005 approval calculated that the Project would generate 50.04 vehicle trip ends. Using updated values from the 10th Edition ITE Trip Generation Manual, the currently proposed use would generate 64.64 vehicle trip ends. This results in a net increase of 14.60 vehicle trip ends compared to the prior approval. RECOMMENDATION Staff recommends that the applicant work with Staff and the Development Review Board to address the issues herein. Respectfully submitted, ________________________________ Marla Keene, Development Review Planner $97.38 / 3.14 sq in = $30.98/sq in $30.98 sq in x .5 condition x .75 location x 1 species (based on table provided) = $583.96 replacement value 62 140 13 62 132 13 12 21 46 21 132 spaces in proposed plan SD‐17‐28 Staff Comments 1 of 7 CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SD_17_28_Golf Course Rd_JAM_subdivision_final_2017‐11‐21.docx DEPARTMENT OF PLANNING & ZONING Report preparation date: November 16, 2017 Plans received: October 19, 2017 Golf Course Road/Long Drive Subdivision Final Plat Application #SD 17‐28 Agenda Item #7 Meeting date: November 21, 2017 Owner/Applicant JAM Golf, LLC 1227 Dorset Street South Burlington, VT 05403 Property Information Tax Parcel 0570‐01227 SEQ ‐ NRP 68.91 acres Location Map SD‐17‐28 Staff Comments 2 of 7 PROJECT DESCRPTION Final plat application #SD‐17‐28 of JAM Golf, LLC to subdivide a 47.99 acre parcel developed with a golf course into eleven (11) lots ranging in size from 0.37 acres to 45.03 acres, Golf Course Road. PERMIT HISTORY On August 21, 2009, the Vermont Environmental Court issued a decision granting preliminary approval for the proposed subdivision. This decision was based on the City of South Burlington Subdivision Regulations with amendments through January 4, 1999 and the South Burlington Zoning Regulations with amendments through April 16, 2001. As part of the subsequent September 11, 2009 V.R.C.P. 58 Judgement Order, the applicant is remanded to the City Development Review Board (DRB) for further proceedings. This final plat application falls under the category of further proceedings, and is subject to the same subdivision and zoning regulations as the preliminary approval. The related Master Plan Settlement (most recently amended March 27, 2017) affirmed the applicable standards. The 2009 decision and judgement order grant a number of waivers and conditions which apply to this final plat application, as follows. 1. The following waivers of the requirements of the Zoning and/or Subdivision Regulations are granted: a. The reduction of i. The frontage for proposed lot 3 to 42.5 feet. ii. The width of the private road serving proposed lots 4, 5 and 6 to 18 feet, plus 2 feet of mountable curb on each side of the private road. iii. The width of the public road to 24 feet. iv. The length of the sidewalk along the public road extending from Golf Course Road to the driveway for proposed Lot 2. 2. [pertains to submission materials for final plat] 3. If the Development Review Board approves Applicant’s application for final plat approval, Applicant shall record in the South Burlington Land Records a Notice of the following conditions: a. Applicant annually shall provide the City with certification from a qualified consulting arborist as to compliance with the tree preservation plan and the landscape planting plan on each lot as well as on the retained project property beyond the lots, specifically listing any areas of noncompliance. b. Prior to implementation of any field changes to the tree preservation plan, Applicant shall notify the City Administrative Officer and obtain a determination regarding the need for further application and approval. c. Applicant shall obtain approval from the Administrative Officer prior to maintenance work on trees and underbrush located outside the clearing limits depicted on the plan admitted as Exhibit 21 in the record of the above‐captioned matter. See paragraph 269 of the Appellant’s proposed findings of fact and conclusions of law. d. The lot owner(s) shall abide by the terms of the tree preservation handbook for his/her/their lot. e. All lights on the exterior of any building or on any of the lots shall be downcast and shielded fixtures. f. No additional street lighting may be installed without amendment of any approval of the final plat approval 4. [pertains to schedule for final plat application] CONTEXT The subject property is known as Golf Course Parcel F. It is planned to be subdivided into ten (10) residential lots, each to be developed with a single family dwelling, and one lot developed with an existing golf course, which represents the bulk of the acreage of Parcel F. The Project is located within the existing golf course in proximity to already‐developed residential areas. It is served by an existing recreation path and is in an area identified in the Comprehensive Plan as an area of very low intensity development consisting principally of open space. Two stormwater ponds consisting of the SD‐17‐28 Staff Comments 3 of 7 headwaters to an unnamed tributary to Potash Brook are located within the subject property, as well as several areas of wetlands. COMMENTS Development Review Planner Marla Keene and Administrative Officer Ray Belair, hereafter referred to as Staff, have reviewed the plans submitted by the applicant against the pertinent Subdivision and Zoning Regulations and offer the following comments. Because the Project was granted preliminary approval, the Board has the authority to review only those elements of the Project which have changed since preliminary approval. Staff notes that major elements which have changed include the following. The applicant is preparing a review of changes since preliminary plat and will describe additional changes, if any, that staff did not note, at the hearing. Staff has not considered the impact of any changes presented by the applicant which are not included in the below list. Layout and Grading Changes 1. The curb radii have changed at the entrance to Long Drive from Golf Course Road and at the entrance to Short Drive from Long Drive. The former radii have been reduced, while the latter have been enlarged. 2. Long Drive has been realigned from approximately station 2+00 to 3+50 to accommodate existing lot #87 which has been developed since preliminary approval. 3. Grading on Long Drive below station 3+50 is more dramatic to accommodate existing lot #87 which has been developed since preliminary approval. 4. Grading on the Long Drive cul‐de‐sac has been slightly modified. 5. Building outlines have been added to the plan, and driveway locations have been revised to accommodate the building outlines. 6. Two stone walls have been added at the Lot 4 driveway, one to retain an existing tree and the second to reduce the extent of required grading. Utility Changes 7. The water line and hydrants on Long Drive have been relocated from the south side of the road to the north side of the road. 8. A water line stub and blowoff valve has been added beyond the Short Drive hammerhead to accommodate a future water line extension. 9. A sewer pump station has been added for Lot #10 and the sewer pump station serving Lots #7, 8 and 9 has been relocated. 10. A drain manhole has been added to the cul‐de‐sac. 11. The electric line and boxes layout has been reconfigured. 1. APPLICABLE STANDARDS Note: The standards applicable to the Project were written around the time that the DRB came into existence. Accordingly, some references to Planning Commission review still exist in the applicable standards. Legal counsel advised that with the advent of the DRB, review for compliance with these standards is the responsibility of the DRB regardless of which Board was referenced in the standards. a) Will not result in undue water or air pollution. In making this determination the Planning Commission shall at least consider (1) the availability and capacity of municipal sewer facilities or the nature of soils and subsoils and their ability to support waste disposal adequately, (2) the elevation of land above sea level and in relation SD‐17‐28 Staff Comments 4 of 7 to the floodplains, (3) protection of ground and surface waters, and (4) all applicable regulations of the health department and other State agencies. The applicant is proposing three (3) sanitary sewer pump stations, one of which was not approved in the preliminary application and one which is relocated. It is not clear from the plans whether the applicant is proposing for the new and relocated pump stations to be public or privately owned. The Public Works Director reviewed the plans on November 15, 2017 and requests the following. 1. If the pump stations are to remain private, the plans be revised to show the proposed access to each of the pump stations. 2. If the pump stations are to become public, a. Revise the plans to include a 20‐foot unencumbered easement with a curb drop down at the street. Access needs to have structural support for the City’s vactor truck live and dead loads. b. Revise the plans to include A way to turn around the vactor truck at the pump station location c. Provide sufficient information to review the design of the pump station 1. Staff recommends the Board discuss with the applicant whether they intend to make the pump stations public or private, and that the Board adopt the relevant recommendations of the Public Works Director accordingly. b) Will have sufficient water available for the reasonable forseeable needs of the development. No changes affecting the Project’s conformance with this criterion have been made since preliminary approval. Staff considers this criterion to be met. c) Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result. No changes affecting the Project’s conformance with this criterion have been made since preliminary approval. Staff considers this criterion to be met. d) Will not cause unreasonable highway congestion or unsafe conditions with respect to use of the highways, existing or proposed. No changes affecting the Project’s conformance with this criterion have been made since preliminary approval. Staff considers this criterion to be met. e) Will not cause an unreasonable burden on the ability of the City to provide educational services and facilities No changes affecting the Project’s conformance with this criterion have been made since preliminary approval. Staff considers this criterion to be met. f) Will not cause an unreasonable burden on the ability of the City to provide municipal or governmental services and facilities The applicant is proposing to connect to the existing 8‐inch water line in Golf Course Road. Prior to submitting the final plat application, the applicant coordinated with the South Burlington Water Department to discuss the layout of the water line. At that time (June 2001), the Water Department noted that they would like to see the water line looped. The applicant has adjusted the final plat application to accommodate a future water line connection to Park Road. The Public Works Director reviewed the plans on 11/15/2017 and offers the following comments. SD‐17‐28 Staff Comments 5 of 7 Marla, I have reviewed the Master Plan for the referenced project (as shown on sheet MP‐1, Exhibit B Master Plan, prepared by CEA dated January 2013, last revised July 6, 2015) and offer the below comments on the full build out of the water infrastructure. 1. The Long Drive Subdivision (10 units) can be built and served by a single water line coming off Golf Course Road. 2. When the Lot 108 Area (18 units) is built the water line from the Long Drive Subdivision must be connected into the Lot 108 Area’s water lines that will connect back up to Park Road. 3. When the Park Road Area (15 units) and Wheeler Parcel (32 units) are developed the existing water line that circles Park Road and Golf Course Road must be extended west to connect to these projects and/or the Dorset Street water line. 4. Completing the above will allow this entire area to be fully looped to ensure the highest water quality is available to all the properties and to create the standard redundancy that we have built throughout the city in our water infrastructure to ensure reliable, uninterrupted service. Please let me know if you have any questions. Justin Rabidoux Director of Public Works 2. Staff recommends the Board adopt the Director of Public Works comments as conditions of this approval. To comply with Champlain Water District’s standards for water line layout, the water line on Long Drive must be 8‐inches minimum and the water line on Short Drive must be 2‐inches minimum. The plans omit to call out a water line size. 3. Staff recommends the Board require the plans be revised to indicate the size of the proposed water mains. The deputy fire chief reviewed the plans on 11/15/2017 and requests the following as it pertains to the revised roadway layout. 1. The southern curb radius from Golf Course Road onto Long Drive appears to be approximately 24‐feet. Revise the curb to be mountable or adjust the radius to meet the minimum radius for fire apparatus. 3. Staff recommends the Board adopt the recommendations of the Deputy Fire Chief. g) [invalidated by courts] h) Will not have an undue adverse effect on the scenic or natural beauty of the area, is aesthetically compatible with surrounding developed properties and site characteristics, and will protect rare and irreplaceable natural areas and historic sites This criterion was the subject of environmental and supreme court appeals. In deference to the sensitivity of this criterion, the submitted plans provide extensive landscaping detail. Staff notes that the landscaping plans show an outdated layout for the terminal end of Short Drive and for some of the driveway configurations and thus the proposed effect cannot be evaluated. Staff further notes that some trees within the proposed building footprints SD‐17‐28 Staff Comments 6 of 7 appear to be hatched with the shading identified in the legend as “Existing Tree to be Saved.” Though Staff appreciates that it appears the applicant is minimizing removal of existing trees, a clear landscape plan is necessary to facilitate future inspections in compliance with preliminary plat condition #3a. 4. Staff recommends the Board require the applicant to submit revised landscape plans showing the proposed hammerhead turn‐around and proposed driveway configurations, and that the tree shading and legend be updated for clarity. i) [invalidated by courts] j) Will provide efficient layout and high‐quality installation, construction, and maintenance of streets and public facilities and will conform with the City’s street and utilities plan. See discussion under criteria a) and f) above as it pertains to conformance with the City’s utility plans. k) Will provide for cooperation with adjoining properties in the extension of roadways, drainage facilities, and utility lines. As discussed under criterion f) above, the Applicant has proposed a stub to allow for future water line connection. No other changes affecting the Project’s conformance with this criterion have been made since preliminary approval. Staff considers this criterion to be met. l) [invalidated by courts] 2. Other a) Staff notes that the Board approved an amended planned unit development consisting of subdividing a 69.87 acre lot (Parcel F) into two (2) lots of 47.99 and 21.88 acres on July 19, 2017. The submitted plat plans do not show the entirety of Parcel F. 5. Staff recommends the Board require the applicant to submit a revised plat showing the entirety of Parcel F and reflecting the July 19, 2017 subdivision. b) Staff notes that the final decision should carry forward waivers and conditions of the preliminary plat approval. 6. Staff recommends the Board adopt the waiver and conditions of the 2009 preliminary plat decision and judgement order. Further, Staff recommends the Board require the applicant to update and submit the landscaping plan for each lot as referenced in the Tree Preservation Handbook to facilitate annual certifications. c) The applicant has proposed the name Short Drive for the private section of roadway and Long Drive for the public section of roadway. Staff is coordinating with the State E911 board to determine if the proposed roadways must have one name or two. Once this determination is made, the applicant should submit a letter to the Planning Commission requesting review of the proposed street name or names. Staff will provide E911‐compliant street numbers for each lot when the names are assigned. 7. Staff recommends the Board require the applicant to submit a letter to the Planning Commission requesting review of the proposed street name(s). RECOMMENDATION SD‐17‐28 Staff Comments 7 of 7 Staff recommends that the applicant work with Staff and the Development Review Board to address the issues herein. Respectfully submitted, ________________________________ Marla Keene, Development Review Planner EStone Wall Stone Wa l l WallStone WallStone WallStone WallStone WallStone WallStone WallStone WallStone WallStone GENERAL NOTES:1. Utilities shown do not purport to constitute or represent all utilities located upon or adjacent to the surveyed premises. Existing utility locations are approximate only. The Contractor shall field verify all utility conflicts. All discrepancies shall be reported to the Engineer. The Contractor shall contact Dig Safe (888-344-7233) prior to any construction. 2. All existing utilities not incorporated into the final design shall be removed or abandoned as indicated on the plans or directed by the Engineer. 3. The Contractor shall maintain as-built plans (with ties) for all underground utilities. Those plans shall be submitted to the Owner at the completion of the project. 4. The Contractor shall repair/restore all disturbed areas (on or off the site) as a direct or indirect result of the construction. 5. All grassed areas shall be maintained until full vegetation is established. 6. Maintain all trees outside of construction limits. 7. The Contractor shall be responsible for all work necessary for complete and operable facilities and utilities. 8. If the building is to be sprinklered, backflow prevention shall be provided in accordance with AWWA M14. The Site Contractor shall construct the water line to two feet above the finished floor. See mechanical plans for riser detail. 9. The Contractor shall submit shop drawings for all items and materials incorporated into the site work. Work shall not begin on any item until shop drawing approval is granted.10. In addition to the requirements set in these plans and specifications, the Contractor shall complete the work in accordance with all permit conditions and any local Public Works Standards.11. The tolerance for finish grades for all pavement, walkways and lawn areas shall be 0.1 feet.12. Any dewatering necessary for the completion of the sitework shall be considered as part of the contract and shall be the Contractor's responsibility.13. The Contractor shall coordinate all work within Town Road R.O.W. with Town authorities.14. The Contractor shall install the electrical, cable and telephone services in accordance with the utility companies requirements.15. Existing pavement and tree stumps to be removed shall be disposed of at an approved off- site location. All pavement cuts shall be made with a pavement saw.16. If there are any conflicts or inconsistencies with the plans or specifications, the Contractor shall contact the Engineer for verification before work continues on the item in question.P:\AutoCADD Projects\1995\95270\95270C2-1.dwg, 11/15/2017 1:56:02 PM DEVELOPMENT REVIEW BOARD 3 OCTOBER 2017 The South Burlington Development Review Board held a regular meeting on Tuesday, 3 October 2017, at 7:00 p.m. in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: B. Miller, Chair; M. Cota, J Smith, J. Wilking, M. Behr (via phone) ALSO PRESENT: R. Belair, Administrative Officer; M. Keene, Development Planner; J. Boyd, T. & P. Sheppard, P. Brogna, D. & S. Mowat, J. Goodwin, D. Penar, C. & J. Soncrant, B. DeBenedet, J. Barrows, L. Nadeau, N. Andrews, T. & D. Child, M. Janswold, S. & M. Merrill, J. & N. Kvasnak, R. Jeffers, J. Anderson, B. Currier, J. Darling, K. Cubino, B. Darling, P. Johns, L. DeMaroney, P. O’Leary, D. Marshall, P. O’Brien, B. Milizia, S. Jewett, J. Jewett 1. Directions on emergency evacuation procedures from conference room: Mr. Miller provided directions on emergency evacuation procedures. 2. Additions, deletions, or changes in order of agenda items: No changes were made to the Agenda. 3. Comments and questions from the public not related to the Agenda: No issues were raised. 4. Announcements: Mr. Miller advised that Mr. Parsons will not seek reappointment to the DRB. He is still a member until he is replaced. 5. Continued Preliminary and Final Plat Application #SD‐17‐18 of South Village Communities, LLC, for approval of Phase III of 334 unit planned unit development. Phase III is to consist of the following: 1) 22 single family dwellings, 2) four 2‐family dwellings, 3) two 3‐unit multi‐family dwellings, and 4) two 12‐unit multi‐family dwellings, 1840 Spear Street: Mr. Marshall said they had worked with staff on outstanding issues. He stressed that this is Phase III and does not concern issues with Phases I and II. He then reviewed the staff comments: a. Staff recommends the DRB approve the request to apply previously approved single family waivers. There was no opposition to this DEVELOPMENT REVIEW BOARD 3 OCTOBER 2017 PAGE 2 b. The applicant is OK with requirements for protection of wetlands, wetland buffers including no mowing, no use of pesticides, etc. c. Staff is OK with the Fire Department’s acceptance of the applicant’s responses to their issues. d. There is a recommendation to eliminate the sidewalk in front of units 101, 102 and 103. The applicant noted that there have been appeals from Phase II regarding curbs and sidewalks on both sides of the road. There is a rec path on the south side of the road in this case, and the applicant is proposing a standard sidewalk on the north side. There had been discussion of extending that sidewalk to Douglas Street, but this involves an archeologically sensitive area with no homes there. Mr. Marshall said they have created a “maintenance loop” to allow maintenance vehicles to return to the main corridor. He noted that Public Works still prefers no sidewalk, but the applicant is asking the Board to consider a sidewalk because of the nature of South Village. Mr. O’Brien added that this is also a safety issue. Mr. Wilking asked if the sidewalk could be maintained by the homeowners. Mr. O’Brien said they are fine with that. e. Detailing of pavement markings will be worked out with Public Works. f. The applicant is required to pay the city $20,000 for off‐site traffic calming. Money will be fully allocated for that prior to completion of the base course of paving on Midland Avenue. g. The applicant had no issues with conforming to design review standards. h. The applicant had no issues with demonstrating compliance with landscape budgeting. i. The applicant will construct the rec path at the same time as the Midland Avenue connection. j. Because of an E‐911 issue, a portion of Midland Avenue will be temporarily named “Chipman” until Midland is completed. k. The applicant had received state permits for a 20‐foot road at the wetland crossing, but all parties are OK with 18 feet. DEVELOPMENT REVIEW BOARD 3 OCTOBER 2017 PAGE 3 l. All South Village design standards will be adopted. m. There is a condition proposed that there will be 6 affordable units with no more than 4 in multi‐family buildings. Mr. Behr said that if there are 3 different types of housing, the affordable units should be equally distributed. There should not be a disproportionate number in the multi‐family buildings. Mr. Marshall said when you look at the whole development, that distribution will be met. Mr. Behr said the affordable units are to be equally distributed among all the phases; they should not all be in one place. He felt that if the DRB is only going to see this phase, the affordable units should be equally distributed so there is no “playing catch‐up.” Board members supported Mr. Behr’s comments. n. Regarding phasing, this provides a window of time in which multi‐family buildings can come in. o. Mr. Marshall showed the vertical storage for 12 bicycles. There are also storage lockers for each unit which can accommodate bike storage. There will also be short‐ term bike storage racks with 4 spaces each. Ms. Keene noted staff’s concern with security (lock ability). Mr. Marshall said they will work out staff’s concerns. p. Regarding stormwater, the stormwater system will be maintained until such time as it is taken over by the municipality. Public comment was then requested: Ms. Boyd (resident of phase I) felt it is important to have the sidewalk in front of the three indicated units. She also questioned whether lots 103 and 106 are in conformance with the legal settlement. Mr. Marshall said they fully comply. Ms. Boyd also asked the Board to re‐look at setback waivers as there are a lot of people in a small area. Mr. Mowat (resident of phase II) felt Phase III shouldn’t be passed until the Board looks at the development as a whole. He noted that plans for Phase I and II are “in flux.” Ms. Soncrant (resident of phase II) was concerned with the multiplex units. She didn’t see how Phase III could be approved without consideration of the whole development. Mr. Andrews wanted to be sure about what is being called “condo” units. He noted there are no owner‐occupied units in the multi family buildings now, which he defined as condo units. DEVELOPMENT REVIEW BOARD 3 OCTOBER 2017 PAGE 4 The units would have to be condos in order to be affordable. If the developer calls them “condos,” they should be sale units, not an apartment. Mr. Miller said staff will continue to get some information and questions answered. Mr. Cota moved to continue #SD‐17‐18 until 17 October 2017. Mr. Wilking seconded. Motion passed 5‐0. 6. Continued Sketch Plan Application #SD‐17‐20 of JJJ South Burlington, LLC, to amend a previously approved 258 unit planned unit development in two phases. The amendment is to Phase II (Cider Mill II) of the project and consists of increasing the number of residential units by 45 units to 154 units. The 154 units will consist of 70 single family lots, 54 two‐family dwellings, and thirty 3‐unit multi‐family dwellings, 1580 Dorset Street & 1699 Hinesburg Road: Mr. Miller noted the applicant had submitted a revised plan. He didn’t feel it made sense for the DRB to look at the plan in detail until the applicant has met with some of the city’s committees. Mr. O’Leary said they have met with the Recreation Committee and they are OK with the plan. He didn’t think there would be any changes after a meeting with the Natural Resources Committee. Mr. Miller noted there had been a question as to whether the DRB can require the applicant to build the Cider Mill Road connection. The City Attorney says the DRB can require this. Mr. O’Leary said they agree with that opinion, but the Board has to show both connections (Cider Mill Road and Braeburn Street) are needed (e.g., traffic issues, etc.). Mr. Miller said this will require a traffic study. Mr. Belair said the Board can invoke technical review and request a traffic study on that issue. Mr. O’Leary said the traffic study they have done does not look at that issue. Mr. Miller also noted the City Attorney’s opinion that the DRB has the authority to require a rec path. The City Attorney was also asked for an opinion as to whether the DRB can require more open space in Cider Mill I. The answer to this was no. Mr. Behr asked what they would be looking for in a traffic study. Ms. Keene said the issue would be whether the absence of a connection would put a burden on other streets. Mr. Behr asked what the quantifiable threshold is. Ms. Keene said they don’t know if this is quantifiable. DEVELOPMENT REVIEW BOARD 3 OCTOBER 2017 PAGE 5 Mr. Behr felt the applicant’s meeting with Natural Resources Committee will be critical. Mr. Miller noted staff’s concern that the dead‐end street is more than 200 feet long, which is the longest permissible length. Mr. O’Leary said they can put the last few units on a private drive to solve that. They had done it this way to create more open space. Ms. Smith asked about the rec path and connection from Russet Road. Mr. O’Leary showed the original path. They propose to continue the path across the green strip between Russett Road and Liberty Lane (they also propose a split‐rail fence there). There will be a “boardwalk” through the wetland. They will then make the connection with the existing path easement & construct the path in the existing path easement. There will be a multi‐use path from Phase I all the way to Hinesburg Road. They will minimize impact on the wetland. Public comment was then requested: Ms. Cubino was concerned with emergency access if Cider Mill Road is not extended. She also noted the number of children on side streets where traffic will go if the road isn’t connected. Ms. Penar cited the need for open spaces to be coordinated for wildlife. She questioned whether there is an adequate corridor and cited the need to keep that corridor open. She also suggested narrowing the road that connects the two neighborhoods to discourage use by people not living in the neighborhoods. Mr. Darling cited the number of children playing in the roads as there is no open space for them to play. He felt the road needs to be connected for an east‐west connection. Ms. DeMaroney asked whether Phase I and II are separate developments. Mr. Miller said for road purposes, yes, for the rec path, maybe, and for open space no. Ms. Jewitt asked what a traffic study would show. Ms. Keene said it will indicate impacts on intersections and additional trips. The traffic study would be done independently. Mr. Nadeau said he would like them to consider having two lanes out of Nadeau Crest Drive, one each for left and right turns. Mr. Darling said school buses have a hard time on Sommerfield Ave., and this is something of a safety issue. Ms. Keene asked him to call her and give her details and she would have someone look into it. DEVELOPMENT REVIEW BOARD 3 OCTOBER 2017 PAGE 6 7. Minutes of 19 September 2017: The spelling of Mr. Behr’s name was corrected on p. 7. Under the South Village sketch plan item, a sentence was corrected to read “initial connection for the first 49 units will be from Hinesburg Road; after that, connection will be from Sommerville Road. Mr. Cota moved to approve the Minutes of 19 September as amended. Ms. Smith seconded. Motion passed 5‐0. 8. Other Business: There was no other business. As there was no further business to come before the Board, the meeting was adjourned by common consent at 8:42 p.m. These minutes were approved by the Board on __________. DEVELOPMENT REVIEW BOARD 17 OCTOBER 2017 The South Burlington Development Review Board held a regular meeting on Tuesday, 17 October 2017, at 7:00 p.m. in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: B. Miller, Chair; M. Cota, J Smith, J. Wilking, M. Behr (via phone), F. Kochman ALSO PRESENT: R. Belair, Administrative Officer; M. Keene, Development Review Planner; J. Rabidoux, Public Works Director; S. McClellan, D. Sherman, J. P. Larkin, R. Jeffers. J. Anderson, J. Hodgson, P. O’Brien, D. Marshall, J. Soncrant, J. & A. Turosak, S. Mowat, P. Sheppard, P. Brogna, A. Connelly, J. Larkin, D. Roy, N. Andrews, M. Waite, S. Rendall 1. Directions on emergency evacuation procedures from conference room: Mr. Miller provided directions on emergency evacuation procedures. 2. Additions, deletions, or changes in order of agenda items: No changes were made to the Agenda. 3. Comments and questions from the public not related to the Agenda: No issues were raised. 4. Announcements: There were no announcements. 5. Final Plat Application #SD‐17‐23 of Donald & Sandra Rendall to subdivide a 3.92‐acre parcel developed with a single‐family dwelling into two lots ranging in size from 0.93 acres to 2.99 acres, 51 Old Farm Road: Ms. Rendall said they want to divide off a part of their property to downsize to a smaller property. Staff comments were addressed as follows: a. The applicant agreed that the maximum height of the house on lot #2 would be 28 feet or less. Ms Rendall said they have no plan to build at this time. b. The applicant agreed not to use pesticides, etc. in the wetland or buffer. There will be no mowing, only brush hogging once or twice a year. DEVELOPMENT REVIEW BOARD 17 OCTOBER 2017 PAGE 2 c. The applicant agreed that the wetland buffer will not be turned into “lawn.” d. Staff requested a split rail fence or other demarcation for the wetland. Mr. Waite said they would like a row of trees. Board is OK with that as long as it is shown on the plan. Applicant would prefer to close the hearing and be non‐specific about what type of demarcation measure will be installed. The Board concludes that a condition specifying a split rail fence along the wetland buffer must be included. e. The applicant agreed to comply with Article 16 of the LDRs. Mr. Waite said that will happen when there is a plan to build. Ms. Keene said a note on the plan would be sufficient. Mr. Waite agreed to include a note on the plan. f. The applicant agrees that the driveway will be off Old Farm Road. g. Staff has asked that the 30 ft. and 32 ft. maples on Old Farm Road not be cut. Mr. Waite said they were asked to have the driveway directly opposite the driveway across the road; if this is the case, one of those maples would have to go. If they can move the driveway, both trees can be saved. Members preferred to move the driveway to save the trees. The applicant will amend the plan to show the trees remaining. No other issues were raised. Mr. Cota moved to close SD‐17‐23. Mr. Wilking seconded. Motion passed 6‐0. 6. Continued Preliminary and Final Plat Application #SD‐17‐18 of South Village Communities, LLC, for approval of Phase III of 334 unit planned unit development. Phase III is to consist of the following: 1) 22 single family dwellings, 2) four 2‐family dwellings, 3) two 3‐unit multi‐family dwellings, and 4) two 12‐unit multi‐family dwellings, 1840 Spear Street: Mr. Miller noted receipt of letters from neighbors and from attorney Jon Anderson. Mr. Marshall then addressed the staff report on open items as follows: a. Applicant is OK with the modification to the use of herbicides. b. Regarding the sidewalks on both sides of the road, Public Works still wants the sidewalk on only one side even though the applicant has said they would maintain the sidewalk. Public Works Director Rabidoux explained there would be some legal issues with private maintenance of city infrastructure. He noted that only 30% of homes in the city have sidewalks in front of them. This proposed section of sidewalk is seen as unnecessary and would add to the cost of maintenance for the city. The less connected a sidewalk is, the DEVELOPMENT REVIEW BOARD 17 OCTOBER 2017 PAGE 3 more work it is to maintain it. Mr. Marshall responded that South Village was conceived with sidewalks on both sides of the street as in a traditional neighborhood. Mr. Kochman noted that these homes are almost a separate neighborhood. Mr. O’Brien said there are also safety concerns. He also noted that when they proposed sidewalks on only one side of the street in Phase II, it was appealed, and they had to put the sidewalks on both sides. Ms. Jeffers said these would be the only 3 homes in South Village without a sidewalk in front of them and would be set out as “odd.” After some discussion, a majority of members agreed to have the sidewalk on only one side. c. The applicant wants some clarifying language regarding traffic calming in the Dorset Farms neighborhood. Staff and members are OK with that. d. The applicant will provide costs on landscaping and screening of multi‐family buildings. Staff agrees they comply with minimum landscaping requirements. e. The applicant is OK with staff’s conditions regarding affordability. Mr. Kochman asked to add the words “and development standards of…” to the second condition. Mr. O’Brien read a prepared statement on affordability and stressed that they are not near the threshold that would require them to build the affordable units. Mr. Behr said he has an issue with not discussing affordability until unit 270. Mr. Kochman did not believe the applicant should delay building affordable housing until the 270th units. Ms. Smith was concerned the applicant would get to the 270th unit and not be able to site the affordable units. The Board discussed that in future projects they would like to set a condition that if you get a density bonus you can’t wait until triggering it to determine where the affordable units must go. f. There is now an agreement on bike racks. g. Mr. Marshall noted they checked on the conditions of the consent decree and there are no issues with the limited and no development areas. Mr. Miller noted that the City Attorney has said the Board should not open up the discussion to Phases I and II. Ms. Keene noted that any changes to Phases I or II would have to come to the DRB. Mr. Mowat asked for clarification of affordable housing in phases I and II. Staff confirmed there will be a detailed plan for this. Mr. Behr said that the conditions require 4 affordable units in multi‐family buildings. Mr. Wilking said that comes with the 270th unit. Mr. Andrews said that plowing a sidewalk in front of 3 units seems like such a minor thing and a little ridiculous not to do it. People who live there will be paying taxes the same as those who DEVELOPMENT REVIEW BOARD 17 OCTOBER 2017 PAGE 4 get a sidewalk plowed. He also wants to see affordable housing integrated in the neighborhood. If units are condos (which he defined as units that are occupant owned), they should remain condos and not be changed to apartments (which he defined as rental units) in order to be affordable. Ms. Turosak said she was surprised that no one has mentioned that where there will be no sidewalk is a conduit to a nature trail. She indicated this on the plan. Ms. Connolly noted that the existing multiplex buildings are mostly rental. He asked if they haven’t sold in the 2 existing phases, why should they continue to be built. Mr. Kochman said that is beyond the purview of the DRB. He also noted that the affordable housing requirement can be met with either owned or rented units. Attorney Anderson reported that the concerns he had mentioned in his correspondence have been resolved and they agree the path can be moved. Mr. Cota then moved to close SD‐17‐18. Ms. Smith seconded. Motion passed 6‐0. 7. Sketch Plan Application #SD‐17‐24 of Milot Larkin partnership to amend a planned unit development consisting of 210 residential units, a 60‐unit multi‐family building with 17,976 sq. ft. commercial space, a 20,000 sq. ft. movie theater building(1000 seats), a 22,500 sq. ft. restaurant/medical office, a 3500 sq. ft. restaurant with drive‐ through services, and a bank with drive‐through service. The amendment consists of constructing a four‐story 48‐unit residential building, 7 Fayette Road: Mr. Roy said the property is in the C‐1‐Auto District and is within a 40‐acre PUD. They are proposing a 4‐story structure with 48 residential units (33 studio, 12 1‐bedroom, and 3 2‐ bedroom). The 8.5 foot setback from the property line will require a waiver as will the front yard coverage (8% above). They will also need a waiver for the 47‐foot height. The site is behind the health care building, and the site is underutilized (mostly parking). There is a shared parking agreement. There will be 24 on‐grade parking spaces below the units. They are also proposing an open space area to the north for recreation and a patio area to the west. There will be interior and exterior bike storage. Units will be “market rate affordable,” similar to the units in Larkin Terrace. The applicant then addressed staff comments as follows: DEVELOPMENT REVIEW BOARD 17 OCTOBER 2017 PAGE 5 a. Regarding building height, Mr. Roy showed a photo from Shelburne Road and a drawing of what would be seen from the intersection of Shelburne Rd/Fayette. Members were OK with the height waiver. b. Mr. Roy said the 8.5 foot setback from the property line is similar to other buildings in the area. They also feel that the 38% front yard coverage is more “progressive.” He showed a building rendering from Fayette Road. Members were OK with the setback and coverage. c. Regarding a safety concern at the entry, Mr. Roy said they will work with staff find a solution without “opening Pandora’s box” with regard to state permitting. d. Regarding landscaping, Mr. Roy noted there is a lot of vegetation on the site. They would like credit for that. There will be trees along the front of the building. They may ask to add landscaping in the greater PUD as part of this project. He showed areas where this could work. Mr. Kochman suggested using lower lighting as on O’Dell Parkway. Mr. Larkin said they would look at that. Board members expressed no concerns with putting landscaping elsewhere on the PUD. Mr. Kochman expressed concern with the very small units. Mr. Roy said they do not meet HUD requirements, but they feel there is a market demand for this style of “tiny home.” Size also lets it be more cost effective. Mr. Wilking said if the city wants affordability, they may have to get smaller square footage. Ms. Smith noted this is replacing something similar that was torn down. Mr. Roy acknowledged this is “not for everyone.” Mr. Behr noted the HUD standards are for “public housing.” These are marketable units. He felt it provides an affordable product to a market that needs this. Mr. Roy said the ceiling heights would be “comfortable,” and there will be a lot of glass. Mr. Cota expressed a desire to see a common space which would provide a “relief valve” for residents who want to get out of their small units. Mr. Roy indicated that they will possibly replace one unit with a common space for residents to get out of their small units. Mr. Wilking suggested a roof deck. Mr. Wilking expressed excitement about the infill nature of the project. Mr. Kochman asked about traffic and parking. Mr. Roy said they will update the traffic study and shared parking calculation for the next level of approval. No further issues were raised. 8. Minutes of February 7, March 7 and September 19, 2017: The minutes were not available for approval. DEVELOPMENT REVIEW BOARD 17 OCTOBER 2017 PAGE 6 9. Other Business: Mr. Kochman advised that he believes the Planning Commission will be considering the amendment that was postponed at its next Tuesday meeting. Ms. Keene will follow up with the Board as to the schedule. Mr. Wilking noted that as trees mature, some projects are getting “strangled” with trees and are looking too dark. He felt that the requirement to replace every tree‐inch that is removed is too much and suggested that the arborist be asked about the wisdom of replacing any trees that come down. He suggested this be brought to the Planning Commission as well. As there was no further business to come before the Board, the meeting was adjourned by common consent at 9:19 p.m. These minutes were approved by the Board on __________. DEVELOPMENT REVIEW BOARD 7 NOVEMBER 2017 The South Burlington Development Review Board held a regular meeting on Tuesday,7 November 2017, at 7:00 p.m. in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: B. Miller, Chair; M. Cota, J. Smith, J. Wilking, M. Behr (via phone), F. Kochman ALSO PRESENT: R. Belair, Administrative Officer; M. Keene, Development Planner; P. Conner, Director of Planning & Zoning; C. Gottfried; K. Braverman; M. Dorey; N. Farrell; A. Blow; D. Bombardier 1. Directions on emergency evacuation procedures from conference room: Mr. Miller provided directions on emergency evacuation procedures. 2. Additions, deletions, or changes in order of agenda items: No changes were made to the Agenda. 3. Comments and questions from the public not related to the Agenda: No issues were raised. 4. Announcements: There were no announcements. 5. Sketch plan application #SD‐17‐24 of Corey Gottfried to amend a previously approved plan by constructing a 25‐foot by 25‐foot addition to an existing 1,500 sq. ft. restaurant, 1696 Williston Road: Mr. Gottfried explained that the addition will be behind the diner and is intended to make things more efficient and safer for patrons and staff. The exhaust system in the restaurant is “fighting” the other systems, and is wasting money. The new exhaust system will be run out the window while the new system is being installed. This will keep employees working during the renovation. Mr. Gottfried gave members pictures of the existing diner and the proposed look of the building and parking area. Mr. Kochman asked if there will be additional seating. Mr. Gottfried said there will not. DEVELOPMENT REVIEW BOARD 7 NOVEMBER 2017 PAGE 2 Ms. Keene said there is a question as to whether the project qualifies as a PUD. It needs to be considered a PUD because it is within the 62‐foot setback from the existing Williston Road right of way. There is a question as to whether the project increases the non‐conformity. Mr. Kochman said he didn’t think a setback waiver is needed. The front of the building will stay where it is, and it doesn’t matter if there is more within the setback. Mr. Miller said he believes this qualifies as a PUD because it meets the “viability of infill development” criteria. Mr. Behr agreed. Ms. Keene said 35 parking spaces are required. The Board can waive up to 25% of this amount (to 26 spaces). Mr. Miller noted 26 is the lowest number the Board can approve. Ms. Keene said there can be off‐site parking through an agreement with a neighbor. Mr. Gottfried said he would find the 26 spaces. Members were OK with the project being considered a PUD. Mr. Behr noted that there is 99% lot coverage and suggested removing some pavement up front and converting the area to grass, if possible. Mr. Belair noted that70% is the allowable coverage. Two neighboring residents said the support the project 100% and have never seen a parking problem at the diner. No other issues were raised. 6. Presentation by Paul Conner, Director of Planning & Zoning, on the DRB’s role in reviewing projects within the Form Based Code district and in appeals of the Administrative Officer’s decision: Mr. Conner reviewed the basics of the City Center Form Based Code District as follows: a. Nearly all uses are allowed in new buildings b. Residential use is not allowed on the first floor in the T‐5 district c. Focus is on building form rather than use d. There is generally an administrative review rather than a DRB review e. Parking requirements are reduced f. Residential use must include affordable housing (80%‐120% of median income) for developments of 12 or more units; affordable units can be banked DEVELOPMENT REVIEW BOARD 7 NOVEMBER 2017 PAGE 3 g. There is a “quality” rather than “quantity” approach to open space. Mr. Conner noted that there are a few uses that are not allowed, mostly those that generate heavy truck traffic. Mr. Kochman asked if there is anything to prevent a parking lot in the middle. Mr. Conner said 80% of the width of a lot must have a building on it. Parking can go behind a building. There are also regulations for parking garages. Mr. Conner explained the “primary” and “secondary” streets and block standard applicability. He also indicated a property on which the city has an option for a City Hall/Community Library. Mr. Conner then explained the particulars of the review process as follows: a. Form Based Code is designed to be largely “black & white,” based on maximums and minimums b. There must be a pre‐application meeting with staff c. In practice, there will also be multiple meetings and review of site plan, building arrangement, landscape, design elements, open space, parking, stormwater, site features, etc. The DRB can become involved in the process in the following ways: a. Subdivisions – determining whether proposed new parcels are developable b. When a new public street is being created c. Intersection location (the DRB can approve a modified intersection location) d. Street type determination (when an applicant proposes a street that is not on the official map e. Impact on streams, wetlands, interstate buffers f. Public buildings g. Alternate compliance for doorways (the applicant must demonstrate their spacing of doors better meets a need. The DRB can also act as an appeal board as follows: a. They may hold hearings b. They may consider proposed stipulations Mr. Braverman said their company worked closely with staff on the Cathedral Square project, and the system worked pretty well. He noted that some developers don’t like it because it takes DEVELOPMENT REVIEW BOARD 7 NOVEMBER 2017 PAGE 4 some of the creativity out of the process, but he felt “predictability” is good and will streamline the process. Mr. Braverman said they do struggle with the lack of a waiver provision (e.g., 80% of the first floor must be glazing, and 70% would be denied with no mechanism for relief). Mr. Kochman asked about the parking element. Mr. Conner noted that a successful restaurant and an unsuccessful restaurant of the same size would have the same parking requirement even though they have different parking needs. He said there will be on‐street parking on Market Street. There are also many bike/pedestrian paths which can reduce parking needs. A developer can dedicate land for parking. Mr. Wilking was concerned with people using other businesses’ parking lots when there isn’t adequate parking in City Center. He has had this problem with his business. He stressed that this is Vermont where people can’t ride bikes in January. He said he only voted for City Center because of the promise of parking garages. He cited buildings in Winooski that can’t be filled with tenants because of the lack of parking. Mr. Conner said nothing precludes parking garages which would make parking a “revenue generator.” 7. Minutes: No minutes were presented for review. 8. Other Business: There was no other business. As there was no further business to come before the Board, the meeting was adjourned by common consent at 8:27 p.m. These minutes were approved by the Board on __________.