HomeMy WebLinkAboutSD-24-08 - Supplemental - 0850 Hinesburg Road (2)
180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov
TO: South Burlington Development Review Board
FROM: Marla Keene, Development Review Planner
SUBJECT: #SD-24-08 850 Hinesburg Road
DATE: October 15, 2024 Development Review Board meeting
PROJECT DESCRIPTION
Preliminary plat application #SD-24-08 of WGM Associates for phase one of a concurrent master
plan for a development consisting of eleven single family homes and an existing non-conforming
commercial or private parking facility. The phase consists of the creation of seven lots, three
containing existing single family homes, two to contain new homes, one to contain an existing
non-conforming commercial or private parking facility and new home, and one civic space lot, 850
Hinesburg Road.
CONTEXT
The Board began review of the application on September 4, 2024. They discussed Staff comments
#1 through 5, with comment #6 through 11 remaining. The applicant also submitted revised
materials one day prior to packet publication. Staff has attempted to incorporate those revisions
into this report but there was insufficient time for interdepartmental review.
This memorandum provides a summary of the revised materials & the initial presentation of
comments #6 through 11. Where the Board indicated satisfaction with a criterion on September 4,
and no changes are proposed affecting compliance with the criterion, the criterion is omitted from
this memorandum.
COMMENTS
Development Review Planner Marla Keene and Director of Planning and Zoning Paul Conner,
hereafter referred to as Staff, have reviewed the plans submitted by the applicant and offer the
following comments. Numbered comments for the Board’s attention are in red.
B) PUD & GENERAL PUD STANDARDS
The applicant is proposing a General PUD.
15.C.04 PUD Standards Applicable to All PUD Types
A. Conformance with the Comprehensive Plan
The proposed PUD must conform to the City’s Comprehensive Plan in effect at the time of
application. Conformance with the plan in this context means that the proposed PUD must:
1) Advance any clearly stated plan policies and objectives specific to the type and location of
the proposed development;
The proposed project is located within the Commercia/Industrial with Supporting Uses
future land use category of the 2024 City Plan. However, Staff considers the adoption of
Act 47 requires the Board to approve additional subdivision and housing in this location
due to the allowance of residential uses in the Industrial/Open Space Zoning District.
Goals for this location include:
• Goal 80: Reduce commuting distance and daytime vehicle travel by integrating
supporting services to commercial areas
• Goal 81: Make commercial areas more diverse in spaces, styles, and uses to enable
more nimble commercial use
In addition, applicable goals to the type of development include
• Goal 1: Anticipate and prepare for an average annual population growth rate of
approximately 1 – 1.5% and a housing growth rate of 1.5 – 2%,
• Goal 3: Increase rental vacancy rate to 5% as a proxy for a healthy and well-
supplied rental housing market
The City Plan broadly supports both economic development and housing. In this area, the
Plan largely envisions commercial/industrial uses, however Act 47 provides allowances for
compact housing in residentially-enabled districts served by water & sewer. Staff considers
that in this intervening time between the enactment of Act 47 and alignment of local
regulations consistent with the Act and the City Plan, the application should be viewed in a
broad light under this criterion.
Staff notes the regulations are set up to require an urban form, and the applicant’s proposal is
unusual in that it takes advantage of the dichotomy between the existing zoning and Act 47 to
propose a density lower than would otherwise be permitted for residential development. The
Board on September 4 indicated they felt bound by Act 47 to accept the applicant’s proposal for
relatively low density housing in this location. However, Staff has continued to include the above
discussion as it pertains to conformance with the Master Plan, discussed immediately below.
B. Conformance with the Master Plan
Each phase of a PUD developed in one or more phases must conform to the PUD Master Plan, as
approved or amended by the DRB under Article 15.B, including the approved development plan,
phasing schedule, buildout budget, management plan, and any associated development
agreements or conditions of master plan approval.
The applicant is proposing to postpone a number of infrastructure elements which will be located
geometrically in Phase 1 for construction during a future phase of the project. Specifically, they
are proposing
1. To install a 1-1/2” water line in Phase 1 which must in Phase 2 be replaced with an 8-inch
water line
2. To install a gravel road which must be paved in Phase 2
3. To omit a sidewalk which must be added in Phase 2.
These latter two elements fall under the alternative compliance provision of PUD review. The
alternative compliance criteria of review are provided below.
(a) Conforms to the intent, description, and defining characteristics of the selected PUD
type(s);
(b) Achieves the intent of the PUD standard to be modified;
(c) Results in development that is equivalent or demonstrably superior in function,
design, and quality to that required under the standard to be modified; and
(d) Does not adversely impact properties, uses or facilities within, adjacent to, or in the
vicinity of the planned development (e.g., regarding walkability, traffic, parking,
drainage).
The Board on September 4 discussed the proposal for alternative compliance in the context of
Phase 1. Staff would like to call the Board’s attention to an additional point, which is that
permitting improvement of Phase 1 to be deferred to future phases would place a disproportionate
burden on the cost of developing future phases.
Staff reminds the Board that Phase 1 includes three of the eight proposed homes. However, these
improvements will be required whether future development of the lot consists of residential
development as proposed in this master plan, or of commercial development which will become
an option after expiration of the 6 to 10 year master plan.
1. Staff recommends the Board consider the impacts of the applicant’s request for deferring
improvements in totality and determine whether to permit it.
The remainder of this report was not reviewed on September 4, 2024. It has been updated to
reflect the recently submitted revised plans.
C) SUBDIVISION STANDARDS
15.C.04C, pertaining to compliance with regulations for all PUD types, states that the provisions
specific to a PUD supersede underlying zoning district, subdivision, and site plan standards.
Therefore only standards not directly superseded by PUD standards are discussed herein.
15.A.14 Street Network
C. Street Design.
The street network must incorporate allowed Street Types under Article 11.A, or as specified by Zoning
District, Transect Zone or type of Planned Unit Development, which are consistent with the functional
class and the pattern and type of development or uses to be served by the street network. Streets
must be designed by a Vermont licensed professional engineer and constructed to City specifications.
Proposed street types and functional classifications must be identified on subdivision plans submitted
with the application.
The Director of Public Works reviewed the revised plans on October 15, 2024 and offers the
following updated comments on Phase 1.
• The proposed gravel road shall remain private. Under no circumstances will the city
consider acceptance of a gravel road now, or in the future.
• It is my understanding that the sewer line will remain privately owned to the point where it
connects to the existing city owned pipe east of the project site.
• The project shall be constructed in accordance with South Burlington Public Works
Standards and Specifications.
Staff note: Staff recommends the Board modify this statement to specify that the project
shall be constructed in accordance with South Burlington Public Works Standards and
Specifications except as modifications are specifically approved.
• The proposed road appears to have a 10% grade. This is the maximum allowed and should
be monitored closely during construction.
• Please confirm that appropriate site distances are provided at intersections. A table on
sheet C4.0 indicates that this is not the case somewhere on the project.
• The minimum driveway culvert is 15”. The minimum pipe size for culverts across
roadways is 18”.
• The project must obtain drinking water and wastewater allocations.
Staff recommends the Board require the applicant to address the comments pertaining to design
changes at the final plat stage of review and incorporate the ongoing comments as conditions.
15.A.15 Sidewalks, Bike Lanes, and Recreation Paths
The applicant has made their request to include the sidewalk within the roadway cross section for
Phase 1, discussed above.
15.A.16 Blocks and Lots
These elements are discussed in conjunction with concurrent master plan MP-24-01 and are
recommended for vesting.
15.A.17 Mix of Dwelling Unit Types
This is addressed under PUD standards above.
15.A.18 Infrastructure, Utilities, and Services
A. Capacity of Community Facilities, Utilities and Services. The applicant must demonstrate
that the proposed subdivision and development will not exceed the existing or planned capacity
of, or cause a disproportionate or unreasonable burden on City facilities, utilities and services,
including:
• Public schools,
• Police, fire protection and ambulance services,
• Street infrastructure and maintenance,
• Parks and recreation facilities, and
• Water supply, wastewater disposal, and stormwater management systems and infrastructure.
Comments of the relevant departments have been included in the applicable sections of this
memorandum and the September 4 report.
B. Potable Water Supply and Wastewater Systems. The applicant must demonstrate that
adequate potable water supply and wastewater facilities exist to serve the subdivision at buildout,
and for each phase of development.
The project is proposed to be connected to the City’s water supply and wastewater system.
In addition to the comments provided on concurrent MP-24-03, the South Burlington Water
Department Superintendent provided comments on the updated plans on October 11, 2024 as
follows.
1. The curb stop for the proposed service line shall be installed just inside the Hinesburg Rd
ROW.
2. Waterline size and material shall be noted on the plans.
3. The proposed 1-1/2” line should end at the blow-off and not be continued beyond.
4. The proposed water line serving the new homes with residential fire sprinkler system shall
be properly sized by an approved fire sprinkler design engineer to meet all City and State
fire code requirements.
Staff note: See comment below pertaining to similar comment from the Fire Marshal.
5. The water line and appurtenances shall be considered private and subject to all conditions
required in the South Burlington Water Ordinance.
6. An easement to each curb stop and the blow-off assembly shall be provided to the City for
the operation of each curb stop and blow-off as needed. Maintenance and repairs of each
curb stop and the blow-off shall remain the responsibility of the owners.
7. There is a 1” Irrigation Water Connection with Yard Hydrant identified on the plans. What is
this connecting to?
2. Staff recommends the Board require the applicant to modify the plans to comply with the
comments and respond to the question of the South Burlington Water Department
Superintendent as part of the final plat application.
C. Fire Protection. The subdivision must be laid out to ensure that adequate fire protection
can be provided in accordance with City specifications.
The Fire Marshal provided updated comments on the revised plans on October 17, 2024 and offers
the following comments.
• The project shall meet NFPA 1 (2015) Chapter 18 for FD access & water supply.
• Required 20 foot wide road that can support 65,000 # apparatus. T or K turnaround to
allow turning to the WB-40 (1990) std.
Staff note: The South Burlington Public Works Standards and Specifications include
the necessary turning radius to permit the required turning movement.
• Buildings required to have NFPA 13-D sprinkler system installed as minimum, or a fire
suppression hydrant(s)comply with NFPA 24, on a minimum 6” line providing a
minimum of 850 gpm.
Staff note: Based on conversations with the South Burlington Water Superintendent
and Fire Marshal, Staff considers this comment can be more plainly stated that there
are concerns about the ability of a 1-1/2” water line to provide adequate fire
suppression pressure for a NFPA 13-D sprinkler system.
3. Staff recommends the Board require the applicant to demonstrate satisfactory fire
pressure flow as part of the final plat application.
• Water department standards shall apply.
• If owners are installing fire suppression hydrant(s), the hydrant(s) shall be installed,
properly flushed and hydrant flow test conducted, before any combustible construction
can begin.
Staff note: More plainly stated, if the Board determines a water line suitable for serving
the remainder of the master plan to be required as part of Phase 1, the applicant will be
installing a hydrant instead of sprinkler systems for the individual homes.
D. Stormwater Facilities. The applicant must demonstrate that stormwater management
system serving the subdivision has been designed to meet City standards and specifications under
Article 13 of these regulations and the South Burlington Ordinance Regulating the use of Public and
Private Sanitary Sewerage and Stormwater Systems.
(1) Planned Unit Developments. For the purposes of determining applicability in Section
13.05B of these regulations, in the instance of a Planned Unit Development, the applicant
shall calculate the impervious coverage on the entire PUD, rather than lot or parcel. The
stormwater management requirements will apply to all PUDs within the City of South
Burlington where one-half acre or more of impervious surface area exists or is proposed to
exist.
The South Burlington Stormwater Superintendent reviewed the plans on July 8, 2024 and
offers the following comments.
1. Please provide the HydroCAD model for review. Also please note that the HydroCAD
print-outs included in the application do not include any routing from the drainage areas
to the gravel wetland and therefore do not provide any information on how the gravel
wetland will perform during any storm event.
2. Sheet SW-1:
a. How will the applicant ensure that all runoff from the road enters the gravel wetland
system through the pre-treatment forebay? Note in particular that runoff from the
hammerhead will be able to flow freely into the gravel wetland without receiving
pre-treatment.
b. This is quite a steep road. How will the applicant prevent runoff from the south side
of the road from scouring the adjacent land and causing erosion issues? Staff
recommends the inclusion of a stone-lined swale on the south side in addition to
the one on the north.
c. Grading is insufficient to determine routing of runoff from the proposed driveways
and buildings. How will the applicant ensure that all runoff from the driveways and
homes makes it into the gravel wetland system?
d. Staff recommends increasing the size of the driveway culverts from 12” to 15”.
3. The applicant has not yet provided any response to the previously provided comments of
the City Stormwater Department. Staff considers the comments of the Stormwater
Superintendent, while significant, will not require a complete reconfiguration of the
proposed stormwater management system and therefore recommends the Board require
them to be addressed at the final plat stage of review.
E. Utilities and Services.
The applicant must demonstrate that subdivision design has been coordinated with utility
companies serving the proposed subdivision, as necessary for the DRB to determine that adequate
service capacity exists and that the areas identified for utility installation, on subdivision plans and
plat, meet the requirements of these Regulations.
(1) Utility connections must be provided to each building lot, and to other subdivision lots on
which service is necessary or required.
(2) Utilities must be located within street rights-of-way, or within permanent utility access and
maintenance easements identified on subdivision plans and plats.
(3) New electrical, natural gas, telephone, internet, cable television, and outdoor lighting systems
must be installed underground, unless prevented by ledge or other physical constraints that
make burying utility lines impractical.
(4) Utility lines or corridors must be located and designed in a manner that is compatible with the
extension of utilities and services to adjacent properties.
Staff recommends the Board include a condition requiring utility lines to be underground.
F. Street and Sidewalk Lighting.
Where provided along local and collector streets, street and sidewalk lighting must be pedestrian-
scaled (e.g., 12 to 14 feet in height) to ensure pedestrian safety traveling to and from public spaces.
Overall illumination levels should be consistent with the development patterns and character of
the neighborhood, with smooth levels of illumination (rather than hotspots) and light trespass
minimized to the lowest level consistent with public safety.
The applicant is not proposing street or sidewalk lighting.
G. Renewable Energy Facilities.
The applicant must demonstrate that, to the extent physically feasible, reasonable, and as
appropriate to its development context, the subdivision has been designed to incorporate best
practices that maintain access to and use of renewable energy resources, e.g., to include one or
more of the following as indicated on subdivision plans and plats:
(1) Street and building lots that are oriented to maximize solar access and gain, for passive solar
construction or rooftop solar installations.
(2) Parking lots or structures that are designed and constructed to accommodate electric vehicle
infrastructure, including charging stations and solar canopies or rooftop solar installations.
(3) One or more suitable open areas (“solar lots”) within the subdivision that are specifically
designated for a ground-mounted community or neighborhood solar installation.
(4) Solar access easements, as necessary to maintain solar access across adjoining building lots
or properties.
(5) Covenants, deed restrictions or other legal mechanisms that require “solar-ready”
construction within the subdivision.
The property has an existing ground mounted solar array that is located in a corner of the proposed
Civic Space. Staff considers these criteria to be met.
D) SITE PLAN & CONDITIONAL USE REVIEW STANDARDS
As a PUD, these criteria are applicable.
14.06 General Review Standards
A. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from
structure to structure, and to provide for adequate planting, safe pedestrian movement, and
adequate parking areas. The DRB shall consider the following:
(a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along
the street.
The applicant has requested a front setback waiver to 30 ft.
(b) Building Placement, Orientation. Maintain or establish a consistent orientation to the
street and, where a prevalent pattern exists, shall continue the manner in which the site’s
existing building foundations relate to the site’s topography and grade.
The applicant’s conceptual plans indicate future buildings oriented to the street. 13.17
requires buildings to face the street. Staff considers this criterion met.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between
existing, planned or approved development, and proposed development.
Staff considers the proposed single-family homes to be consistent with existing
development.
(d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability
within the area proposed for development.
The applicant has requested alternative compliance for the standard requiring a sidewalk
along the proposed street.
(e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible
within the context of the overall standards of these regulations.
4. Staff recommends the Board discuss whether they will include a condition requiring solar
orientation given the existing ground mounted solar array.
(2) Parking.
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public
street shall be considered a front side of a building for the purposes of this subsection.
Single family homes and duplexes are exempt from this criterion.
B. 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.
The applicant has provided a document describing the characteristics proposed for buildings
on Lots 1C and 1D. They have argued that the proposed building on Lot 1B is exempt from
building design requirements due to the lot size being over 1 acre. However, there is no
such lot size exemption from this criterion therefore Staff recommends the Board apply the
same characteristics to the proposed construction on Lot 1B.
The proposed characteristics are as follows. These would be in addition to dimensional
standards.
• Front Door facing the street
• Front Porch facing south
• Higher proportion of glazing facing south
• Ridge Line running east-west
• Dark color roof
• Recessed Garage façade
• Garage width <40% of Total Building street façade length
• Yard area of >100 SF
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.
Staff considers the above criterion and the layout of the site to result in compliance with this
criterion.
3) To accomplish (1) and (2), the DRB shall consider:
a. Pattern and Rhythm. Update or maintain or extend the overall pattern of
development defined by the planned or existing street grid, block configurations,
position and orientation of principal buildings, prevalence of attached or detached
building types.
Staff considers the street and block configurations and position of buildings to be
consistent with the setting.
b. Architectural Features. Respond to recurring or representative architectural
features that define neighborhood character, without adhering to a particular
architectural style.
Staff considers the above commitments to result in compliance with this criterion.
c. Privacy. Limit impacts and intrusions to privacy on adjoining properties, including
side and back yard areas through context sensitive design.
Staff considers privacy to adjoining properties to not be an issue in this setting.
C. Site Amenity Requirement
(3) The required area shall be:
(a) For Non-Residential development, a minimum of 6% of non-residential building gross floor
area.
(b) For Residential development, determined by number of units as:
(i) For fewer than 10 units, 100 square feet per unit;
(ii) For 10 to 19 units, 85 square feet per unit; or
(iii) For 20 or more units, 60 square feet per unit.
For the proposed 11 homes in the master plan, 935 sf site amenity is required.
(4) The DRB may, in its discretion, provide a credit for up to 50% of the required Site Amenity area if
the Applicant demonstrates a safe, walkable connection to an existing Civic Space or public park
that is accessible by the general public and located within five-hundred (500) feet of at least one
pedestrian access point for each building on the lot via a walking route and/or pedestrian way. A
“safe, walkable connection” shall not include or require crossing a four-lane road.
(a) The DRB may, in its discretion, give a partial credit for the required Site Amenity area if some
but not all the buildings on the lot have pedestrian access points located within five-hundred
(500) feet of the Civic Space or public park, as described in Section 14.06(D)(4), above.
(b) The DRB cannot provide any credit to replace the remaining 50% of the Site Amenity area.
The applicant has provided a Civic Space in Phase 1, which is within 500-ft of and accessible to
each of the proposed homes. In addition, each home will have a private yard space, which the
applicant has above committed to being at least 100 sf. Staff considers this criterion met.
14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards shall
apply:
A. Environmental Protection Standards
All proposed development shall be subject to the applicable requirements of Article 12,
Environmental Protection Standards.
Discussion of specific requirements for environmental protection is included under Article 12 below.
B. Site Design Features.
All proposed development shall comply with standards for the placement of buildings, parking and
loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable
standards related to site design pursuant to these Land Development Regulations.
These standards are discussed elsewhere in this report.
C. Access and Circulation. All proposed development shall comply with site access and
circulation standards of Section 15.A.14.
15.A.14 is discussed above.
D. [Reserved for Transportation Demand Management (TDM)]
E. Building Form. Development within the City Center Form Based Code District, the Urban
Design Overlay District, and other districts with supplemental building form standards shall adhere to
the standards contained therein.
There are no supplemental building standards beyond those discussed under 14.06 above.
F. Streetscape Improvements. A proposed new construction or extension/expansion of an
existing structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D)
within the City Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be
required to upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.)
to the standards contained within the applicable Street Type and Building Envelope Standard.
Nothing in this subsection shall be construed to limit requirements for additional upgrades as
necessary to meet the requirements of these Regulations.
Required streetscape improvements are discussed pertaining to subdivision standards above.
G. 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 applicant has included on their proposed plat a 40-ft easement to be converted to a future 40-ft
right of way with development of phase 2. Staff considers this criterion met.
H. Utility Services.
Electric, telephone and other wire-served utility lines and service connections shall be underground
insofar as feasible and subject to state public utilities regulations. Any utility installations
remaining above ground shall be located so as to have a harmonious relation to neighboring
properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall
also be met.
Staff recommends the Board include a condition that all wire served utilities are required to be
underground.
I. Disposal of Wastes.
All dumpsters and other facilities to handle solid waste, including compliance with any recycling,
composting, or other requirements, shall be accessible, secure and properly screened with opaque
fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended
for use by households or the public (i.e., non-dumpster, non-large drum) shall not be required to be
fenced or screened.
Staff considers this criterion to be not applicable for the proposed residential development.
E) ARTICLE 12: ENVIRONMENTAL PROTECTION STANDARDS
12.06 Wetland Protection Standards
The applicant has identified a potential wetland buffer on their plans, which they are proposing to
encapsulate within the required Civic Space. This area is currently maintained as lawn. Staff
understands the applicant has not performed a wetland delineation and has instead supplied the
wetland location based on plans for the adjoining site. No wetland report is available. Staff
considers in the absence of a specific wetland delineation, the buffer should be treated in
accordance with the standards of this section.
D. Standards for Wetlands Protection.
(4) Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces.
(a) Gardens, landscaped areas/lawns, structures, and impervious surfaces located within a
wetlands buffer that were legally in existence as of the effective date of these regulations
shall be considered non-conforming development. Non-conforming development within a
wetlands buffer may not be expanded.
E. Exemptions.
The following activities are not required to meet the standards in this section and do not require a
local permit:
(1) Maintenance of Pre-Existing Gardens, Landscaped Areas/Lawns, Structures and
Impervious Surfaces. Maintenance of pre-existing gardens, landscaped areas/lawns, structures
and impervious surfaces located within a wetlands buffer, and that were legally in existence as of
the effective date of these regulations, does not require a permit.
(2) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. Hand removal (e.g.
non-motorized or non-mechanized) of invasive species, nuisance plants, and noxious weeds, as
identified by the Vermont Agency of Agriculture, Food & Markets, within Class I, Class II, and Class
III wetlands, and their associated buffers, is exempt from these regulations.
(3) Trails. Establishment and maintenance of unpaved, non-motorized trails, and associate
puncheons and boardwalks, not to exceed ten (10) feet in width located within the buffer area of
a Class I, Class II or Class III wetland. All trails located within this buffer area should be constructed to meet the best practices outlined in the Recreational Trail Building Guidance document
developed by the Vermont Agency of Natural Resources.
5. Staff recommends the Board consider whether these criteria permit the applicant to convert
the existing lawn area to a community garden or whether it must be maintained as lawn.
The applicant may also revert it to an unmaintained wetland area at their choosing.
F. Modifications.
(1) Types of Development. An applicant may request a modification, in writing, from the rules of
this section for any development in the following areas only:
(b) Re-development of pre-existing gardens, landscaped areas/lawns, public infrastructure,
structures, and impervious surfaces within a Class II wetland buffer in any zoning district if;
(i) The resulting total area of lands within the wetland buffer that will be in a naturally
vegetated condition is increased;
(ii) The applicant submits an evidence-based professional opinion by a wetland scientist that
the re-development will have a net positive effect on the health and functioning of the
wetland; and
(iii) The project results in no increase in total impervious surface within the Class II wetland
buffer.
If the Board determines conversion to community garden from lawn is not exempted under
E(1) above, Staff considers the proposed impacts to be potentially eligible for modification,
though a wetland delineation and report identifying wetland functions and values would be
required.
(3) Modification Standards. The Development Review Board or the Administrative Officer, as
applicable, may grant a modification from the rules of this Section only if a modification
application meets all the following standards:
(a) The modification shall be the minimum required to accommodate the proposed
development;
(b) The proposed development will not have an undue adverse effect on the planned character
of the area, as defined by the purpose statement of the zoning district within which the
project is located, or on public health and safety;
(c) The proposed development will not have an undue adverse effect on the ability of the
property to adequately treat stormwater from the site; and,
(d) The proposed development will not have an undue adverse effect upon specific wetland
functions and values identified in the field delineation.
6. If the Board determines conversion to community garden from lawn is not exempted under
section (E) above, this section (F) describes an alternative path forward. Specifically, this
section permits modification of wetland standards if the applicant provides a wetland
delineation report enumerating the specific functions and values, lists the area of impact,
and demonstrates that the area of impact has been minimized. If the Board determines
conversion is not exempted under (E) above, Staff recommends the Board discuss with the
applicant whether they will provide documentation of compliance with this section or
whether they will instead remove their proposed impacts and instead allow the impacted
buffer to regrow into a naturally vegetated state.
E) OTHER APPLICABLE STANDARDS
3.18 Residential and Commercial Building Energy Standards
A. Applicability.
This section shall apply to the receipt of a zoning permit for the construction and subsequent
alteration of all new principal buildings beginning December 1, 2015, or the date that this Section
3.17 becomes effective, whichever is later.
B. Residential Building Energy Standards (RBES).
Residential buildings, as defined by 30 V.S.A. section 51(a)(2), that are principal building, shall comply
with the Stretch Code, as defined by 30 V.S.A. section 53)a). Such buildings for which the RBES
Certificate certifying compliance with the Stretch Code is not recorded in the South Burlington Land
Records shall be deemed land development without a zoning permit in violation of these Regulations.
This standard applies to this project.
13.04 Landscaping, Screening, and Street Trees
There is no minimum required landscaping budget for this project. The applicant is proposing
fourteen (14) street trees installed at 2.5 – 3” caliper of three maple species. The City of South
Burlington Public Works specifications require no more than 50% of any one species. This is
proposed to be met. The City arborist reviewed the provided plans on October 16, 2024 and offers
the following comment.
Landscaping looks Ok, may want to suggest a genus other than maple as maples are
overplanted in South Burlington. Freeman Maples are probably more adapted to the existing
soils than Red Maples.
The applicant has also provided a tree protection plan.
7. Staff recommends the Board require the applicant to address the comment of the City Arborist
at the final plat stage of review.
13.05 Stormwater Management
This chapter includes application requirements and design requirements for on-site treatment and
for impacts to the municipal system. The City Stormwater Section reviewed the plans on July 8,
2024. Comments are provided above.
13.12 Utility Cabinets and Similar Structures
This section pertains to utility cabinets on their own lot. The applicant is proposing to locate an
existing silo containing cell tower equipment on a 6,100 square foot (0.14 acre) lot. Assuming the
Board accepts the silo as a utility cabinet or similar structure as part of concurrent master plan
#MP-24-03, the following criterion are applicable.
A. General Requirements.
In any district, the Development Review Board may grant site plan approval for the construction of
a utility cabinet or similar structure according to the following regulations.
B. Specific Standards for Utility Cabinets and Similar Structures.
(1) The facility shall serve the City of South Burlington and/or immediately adjacent communities.
Based on verbal information provided by the applicant, Staff understands this to be true.
(2) The minimum required lot for a public utility cabinet, substation, or communication relay
station on its own parcel may be reduced from the zoning district requirements, at the
discretion of the Development Review Board. In the event that the facility shall be erected on
property not owned by the utility, the Development Review Board shall require that the facility
be located unobtrusively.
The minimum lot size in the zoning district is modified by Act 47 to 8,712 sf, since the zoning
district permits single family homes.
(3) If the parcel containing the facility is landlocked, there shall be a recorded easement or
permission granting access to the utility or owner of the facility.
8. The utility exists therefore Staff assumes there is adequate access. Under proposed
conditions, the parcel will be directly adjacent to the project roadway. Staff recommends
the Board require the applicant to demonstrate compliance with this criterion by providing
documentation of existing access at the final plat stage of review.
(4) There shall be sufficient landscaping or fencing of sufficient height and opacity to screen
effectively the facility year-round from streets and abutting unaffiliated properties.
Staff recommends the Board waive this requirement. The silo is an important element of the
South Burlington skyline as seen when looking towards Mt. Mansfield from Wheeler Nature Park.
(5) The location of the facility shall be shown on all relevant site plans.
This criterion is met.
(6) Utility cabinets and similar structures shall be located a minimum of five (5) feet from all
existing or planned public roads or rights-of-way.
This criterion is met.
RECOMMENDATION
Staff recommends that the Board discuss the project with the applicant and close the hearing.
Staff recommends the Board not close the preliminary plat until they close the master plan since
the preliminary plat cannot be approved before the master plan.
Respectfully submitted,
Marla Keene, P.E.
Senior Development Review Planner