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HomeMy WebLinkAboutSD-24-08 - Supplemental - 0850 Hinesburg Road (12)WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 1 of 36 The document represents a summary of the applicable regulatory portions of the Land Development Regulations as it relates to the proposed 7-Lot subdivision of the WGM Associates property located between 896 and 950 Hinesburg Road. Compliance demonstration is depicted in bold black font. Portions of the regulations in which either dimensional waivers are being sought or where an Alternative Compliance determination is being sight is highlighted in Green font. For those portions of the rules where the action item is currently in process it is highlighted in purple font. 15.A.11 General Standards. A. Development Suitability. The applicant must demonstrate that the land to be subdivided is physically suited for its intended use and the proposed density or intensity of development, and that the proposed subdivision will not result in undue adverse impacts to public health and safety, environmental resources as identified and regulated under Article 12, neighboring properties and uses, or public facilities and infrastructure located on or within the vicinity of the land to be subdivided. (1) Physical Site Constraints. Land that is physically unsuited for development, including land that is characterized by periodic flooding, poor drainage, shallow soils, landslides, environmental site contamination or other known physical hazards or constraints, must not be subdivided for development unless the applicant can demonstrate that such limitations can be overcome, remediated, or mitigated as necessary to allow for subsequent development. Acknowledged. (2) Buildable Area. For purposes of these Regulations, including the platting of building lots and the calculation of the density or intensity of development allowed within a subdivision, “Buildable Area” is defined as the total area of the tract or parcel to be subdivided, less the area occupied by the following physical and legal site limitations or constraints: • “Hazards” as defined and regulated under Article 12, as indicated on sketch and Master Plans, and as field verified and delineated on preliminary and final subdivision plans and plats, The only Hazards are Class II wetland buffers which total 0.25 acres. • “Level I Resources” as defined and regulated under Article 12, as indicated on sketch and Master Plans, and as depicted on preliminary and final subdivision plans and plats, There are no Level 1 Resources • Existing and planned street and railroad rights-of way, There are none shown on the official map. The project planned Neighborhood road easement area is 0.71 Acres supporting this application and 0.30 Acres supporting future development of Lots 2 and 3. • Transmission line corridors or easements, except upon request of the applicant that it be designated as Buildable Area. None are present (a) The land area within a Habitat Block that is excluded from the Habitat Block through an exchange of land, an exclusion intended to provide relief from associated standards, as WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 2 of 36 approved by the DRB under Section 12.04 (Habitat Block Overlay District), or relocation of a Habitat Connector as approved by the DRB under Section 12.05 (Habitat Connector Overlay District) may be included in the “Buildable Area” as defined above for purposes of subdivision and development, and the calculation of development density. Not Applicable (3) Buildable Area Calculations. The allowed number of building lots or dwelling units within the subdivision shall be calculated based on the Buildable Area of the parcel or tract to be subdivided except as otherwise specified for a Transect Zone Subdivision under Article 8, a Planned Unit Development under Article 15.C; and as provided for the transfer of development rights under Article 19, or affordable housing offsets, bonuses, or incentives under Article 18. 10.05 Acres (Gross Land Area) – 0.25 Acres (Hazards) – 0.71 Acres (Proposed ROW) – 0.30 Acres (Future ROW) = 8.81 acres x 5 Units/Acre (Maximum Land Use Density) = 44 Units. 3 existing and 4 new units are proposed for a total of 7 in Phase I. (a) Any proposed alteration of the existing grade to create developable building lots, including land excavation or fill, must meet the standards of Section 14.11 (Alteration of Existing Grade), Article 16 (Construction and Erosion Control) and other applicable resource protection, flood hazard area and stormwater management standards under these Regulations. Not applicable. (sic) there is no Section B in the LDRs C. Development Context. The applicant must demonstrate that the subdivision conforms to the planned pattern of subdivision and development in the area, as defined by district purpose statements and standards, or as specified for a type of Planned Unit Development (PUD) This is proposed to be reviewed as a General PUD. under Article 15.C. In addition to meeting required zoning district, transect zone, or PUD standards: (1) Overlay Districts. The subdivision must also meet applicable overlay district standards under Article 12. These are only related to wetland buffers. (a) In all subdivisions and PUDs in which the provisions of the Traffic Overlay District in Section 10.01 of these Regulations apply Not applicable and in which the Traffic Overlay District provisions conflict with those of this section, the more restrictive provisions shall apply. (2) Multiple Districts. For the subdivision of land located in more than one zoning district, Not applicable and removed for brevity. (3) Compliance with Other Regulations. Subdivisions, including building lots, dwelling units, and supporting facilities and infrastructure, must also be designed, configured, and constructed to comply with other relevant standards under these Regulations and other city ordinances and standards in effect at the time of application, including those listed below. WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 3 of 36 • Official Map, adopted under 24 V.S.A. § 4421 – No Conflicts • Capital Improvement Program, adopted under 24 V.S.A. § 4430 – No Conflicts • Department of Public Works Standards – There are new written standards adopted April 18, 2024 • Fire Prevention and Safety Ordinance – The proposed buildings will be sprinklered and a suitable turnaround has been provided per the Fire Department. • Water and Cross Connection Ordinances – Acknowledged. • Sanitary Sewer and Stormwater Ordinance – The sewer improvements are being design to State Standards and the stormwater management facility is being designed to satisfy the State design Standards as a State Operational Stormwater Permit will also be required. • Impact Fee Ordinance – Acknowledged. • E-911 Ordinance – We will work with the E911 Coordinator on the required building street numbers (4) Conformance with an Approved Master Plan. The applicant must demonstrate that the subdivision conforms, as applicable, to a Master Plan approved by the DRB under Article 15.B, including the approved development plan, management plan, buildout budgets, and phasing schedule. Acknowledged. The Master Plan is being submitted simultaneously with the Preliminary Plan application. D. Development Connectivity. The applicant must demonstrate that the subdivision, to the extent physically feasible, is configured and laid out to maximize connections with adjoining parcels and neighborhoods, and to avoid creating isolated and disconnected enclaves of development, except where necessary to separate incompatible land uses, or to avoid undue adverse impacts to resources identified for protection under Article 12. Accordingly, the applicant must demonstrate that the subdivision is laid out to connect with and extend existing and planned streets, sidewalks, recreation paths, transit routes, and utility and greenway corridors located adjacent to or within ½-mile of the subdivision, or as indicated on the City’s Official Map. Off-site improvements necessary to serve the proposed subdivision must be provided in accordance with 15.A.18. The proposed access easements (Right-of-ways) have been design to enable connectivity to the south by reserving a future access easement (Right-of-way) to enable a tie-in to the Lane Press roadway. 15.A.12 Resource Protection Standards A. Resource Protection. The applicant must demonstrate that the proposed subdivision has been configured and laid out to: WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 4 of 36 (1) Incorporate significant natural, historical, and scenic features located on the parcel or tract to be subdivided; The only significant feature on the property is the Class II wetland buffer located at the far east side of the property. The proposed residential lots have been laid out not to include these areas. (2) Avoid and exclude Hazard and Level I Resources identified for protection under Article 12 from parcelization, physical fragmentation, and development; and, The only Hazard or Level 1 Resource on the property is the Class II wetland buffer located at the far east side of the property. The proposed residential lots have been laid out not to include these areas. (3) Minimize and mitigate the adverse impacts of land subdivision and development on Level II Resources identified for protection under Article 12. Not applicable as there are no Level 2 Resources on the property. B. Applicability. Resource protection standards under this section apply to all subdivisions of land, unless modified by the DRB in accordance with resource-specific allowances under Article 12 and the following: (1) The DRB may modify or waive a resource protection standard under this section within a Transect Zone Subdivision or a Planned Unit Development only as necessary to achieve or maintain the planned type and pattern of development and to allow for the logical extension of supporting facilities, infrastructure, and services. Not requested. (2) Notwithstanding a subdivision waiver or modification, proposed subdivisions shall comply with all other applicable resource protection standards under these Regulations, including any requirements for on- or off-site impact mitigation. Acknowledged. C. Resource Identification. Site features or resources to be incorporated in subdivision layout and design, as shown to scale on sketch and master plans, must be field verified and delineated on the ground by the applicant as specified in Article 12 of these Regulations for each resource, and as indicated on preliminary and final subdivision plans and plats. (1) Existing Site Features. Existing site features of significance to the City, to be considered in subdivision layout and design include: (a) Archaeological and historical sites and structures that are eligible for listing on the State Register of Historic Places, and historical landscape features such as stone walls and fences. There are no fences or stone wall on the property, there are no historic places listed here but the existing buildings are all more than 50 years old which makes them eligible for inclusion in the Register of historic buildings, but the proposed subdivision will not impact that structures or impact the context in which they exist. WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 5 of 36 (b) Prominent shade trees, street trees, or documented specimen or witness trees. There are a number of trees near the existing buildings which are not proposed to be removed. (c) Exceptional or unique geological features such as exposed ledges, cliffs, waterfalls and cascades. There are none of these features on the property. (2) Listed site features must be considered for retention and incorporation in subdivision layout and design. The limited resources have been identified and the proposed improvements have been laid out to avoid these locations. (3) At minimum the DRB may require, as a condition of subdivision approval, that a listed historical site, structure or landscape feature present on the parcel to be subdivided must be inventoried, assessed and documented, before any site development, or any structural relocation, removal or demolition may occur. Acknowledged. D. Resource Protection Areas. Resource protection areas to be incorporated in subdivision layout and design include Hazards, and Level I and Level II Resources identified for protection and regulated under Article 12. (1) Subdivision boundaries and lot lines must be located and configured to avoid or, where deemed necessary by the DRB, to minimize the subdivision, parcelization, and physical fragmentation of resources located on contiguous parcels, and on the tract or parcel to be subdivided. The proposed residential lots have been designed to avoid these limited features. (2) Contiguous Hazard and Level I Resource protection areas that exceed the minimum lot size The largest wetland buffer area is 7,512 SF which is less than the maximum development density of 5 units /acre or 1 unit per 8,700 SF. must be set aside and identified on the subdivision plat, and in associated legal documents, as “Conservation Lots” to be maintained and managed in single or common ownership, or under a conservation easement held by the City or qualified third party, such as an established land trust. As a condition of subdivision approval, future subdivision of conservation lots shall be prohibited except where all land is being conveyed for conservation purposes, as also noted on the subdivision plat These wetland buffers fall wholly within the proposed Lot 4 Open Space lot. As such, no further identification of the buffers on the plat is necessary. (3) Hazard and Level I resource protection areas must be excluded from the calculation of Buildable Area. Building lots and building envelopes are prohibited within these areas, except as necessary to accommodate resource-dependent facilities (e.g., water and wastewater treatment facilities, public or community recreation facility), as specified under Article 12, or as allowed under this subsection. As outlined in Section 15.A.11(A)(3) the WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 6 of 36 maximum development density calculation has taken these areas into consideration. No Building envelopes are proposed within these areas. (4) A building lot may extend or encroach within a delineated resource protection area only to the extent necessary to meet minimum lot size or frontage requirements for the zoning district in which the lot is located. Not proposed. (5) A building lot may incorporate a Hazard, Level I, or Level II resource area that is less than the required minimum lot size; however, in this case the DRB may require the delineation of a building envelope that excludes the delineated resource area, as shown on the subdivision plat and pinned on the ground, as necessary to limit the siting of buildings, other structures, and parking areas to the developable portion of the lot. Not Proposed. (6) Encroachments within resource protection areas, including transportation and utility corridors, are limited to those allowed, subject to DRB review and approval, under Article 12, Not proposed. (7) A resource protection area may be improved to serve as green infrastructure (e.g., for stormwater management or flood control), or as a public amenity serving the subdivision, consistent with applicable standards under Article 12, to the extent that this does not interfere with its critical natural functions or intended use. Not proposed. 15.A.13 Subdivision Design Process A. Design Process. The design process to be followed by the applicant under this Subsection, in preparing subdivision plans and draft plats included with the application, includes the following steps in order of preference: (1) Delineate and set aside resource areas identified for protection, and other existing site features for consideration under 15.A.12 above. A review for the presence of wetland was completed by Trudell Consulting Engineers (Now Bowman Engineers) and their report indicated that there are no wetlands on the property. They did share an earlier wetland delineation that abuts the east property line at the northeast and southwest corners of the property. Those plans showed a wetland, large enough under the current State Rules, to be considered a Class II wetland. In accordance with the standards outlined in Article 12 section 12.06(B)(2)(a), a 50’ Class II wetland buffer has been added to the plans to reflect the jurisdictional limits. WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 7 of 36 (2) Layout and configure the proposed street network to: (a) connect with and extend existing streets; The proposed layout supports the initial phase of re-subdivision of the property along its north third. This application offers a supporting easement across Lot 2 and 3 which will enable the road to be extended to the south when those lots are further subdivided in the future. (b) define one or more contiguous blocks that meet applicable block standards under 15.A.16 or as otherwise specified for the Zoning District, Transect Zone, or type of Planned Unit Development in which the subdivision is located); The proposed Neighborhood Road to be constructed to serve Lot 1B-1D and the southerly extending access road easement will create the potential for a block that has dimensions of 600’ (E-W) x 450’; and to (c) incorporate allowed Street Types and design standards under 15.A.14, including existing and planned streets, sidewalks, recreation paths, and transit stops. The proposed 40’ wide access easement will provide space for a future Neighborhood Road type with adjacent sidewalk. (2) Delineate building lots that front on and are oriented to the abutting street or civic space, and that meet applicable lot size and dimensional requirements by Zoning District, Transect Zone or type of Planned Unit Development or Building Type under Article 11.C, as applicable. This project stands at the cross roads of the current I-O District Lot size standards and the State mandated 5-unit per acre minimum density. This application proposes lot size and setback standards consistent with the R4 zoning district which permits one units per 9.500 SF or 4.58 units per acre. The R4 standards call for: 30’ Front Yard Setback 10’ Side Yard Setback 30’ Rear Yard Setback 15’ Accessory Setback 20% Building Coverage 40% Lot Coverage Maximum Building Height as outlined in Table C-2 The proposed values to be used for this PUD are as follows: 30’ Front Yard Setback 10’ Side Yard Setback 20’ Rear Yard Setback (this fronts a commercial property will no active uses near the common property line) 15’ Accessory Setback (5’ for existing structures) 20% Building Coverage WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 8 of 36 40% Lot Coverage Maximum Building Height as outlined in Table C-2 (4) Designate within each block, or as otherwise provided within the subdivision, required civic spaces, parking lots or facilities, and infrastructure and utility corridors or easements that meet the requirements of these Regulations, which are to be retained in common or single ownership or dedicated to the City. The proposed 1.0 acre Lot 4 is to be held in common ownership as an agricultural use. The community garden will be supported with access easements for all property owners to have access to and for the use of vegetable and/or flower gardens. The community gardens will be maintained and owned by the association (5) Incorporate within block configurations, as applicable, one or more alleys or service lanes, and midblock pedestrian passages as necessary to provide rear, side or shared vehicular and pedestrian access to fronting building lots, civic spaces and designated parking areas or facilities. This will be applicable with the future subdivision of lots 2 and 3 that occupy these areas. 15.A.14 Street Network A. Purpose and Intent. It is the intent of the City to establish and maintain an integrated, interconnected transportation system that efficiently and safely serves all users, including pedestrians, bicyclists, motorists, transit riders and people with disabilities. Accordingly, the applicant must demonstrate that the proposed street network serving the subdivision is consistent with City objectives to: • Maximize network accessibility and connectivity for all transportation modes and users; • Minimize vehicle miles traveled; • Provide adequate emergency vehicle access, and minimize emergency response times; • Limit direct access onto arterial and collector streets, as necessary to preserve and enhance functional capacity; • Create interconnected, walkable pedestrian- and bicycle-friendly residential neighborhoods and mixed use development; • Provide for multiple, direct routes and connections between residential neighborhoods, schools, parks, employment, shopping and other activity centers or destinations; • Incorporate or provide direct pedestrian connections to existing and planned public transit routes for any subdivision and development located within the Transit Overlay District; and to • Accommodate on-street parking where appropriate or required. B. Street Layout. The arrangement of streets serving the subdivision must incorporate and extend the network of existing and planned arterial, collector and local streets in the vicinity, including existing and WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 9 of 36 planned streets serving adjoining subdivisions, and as shown on the City’s Official Map. There are no proposed streets shown on the Official Map or designed as part of the prior subdivision of the surrounding lands in this area. (1) Street Grid. The street layout must establish or extend an interconnected street grid that logically relates to existing site topography, defines walkable blocks, produces useable building lots, reasonable street grades, and safe intersections, incorporates adequate stormwater drainage, and avoids or, where deemed necessary by the DRB, minimizes encroachments within and mitigates adverse impacts to resources identified for protection under Article 12. The proposed access easement along the eastern most portions of Lot 2 and 3 follows the existing topography and supports the creation of a future street block. (2) Street Orientation. The street layout should be oriented to maximize solar access and gain on abutting building lots and block faces while remaining consistent with the existing and planned pattern of development and local topography and completing connections as required by this Article. Longer streets and block faces should either be aligned east-west or north-south, within 20 degrees of true east or true north, in relation to anticipated building lot and building roof orientation. The proposed street to be constructed with the Phase I project runs in the east-west direction while the reserved access easement for the future connector roadway runs in the north-south direction. (3) Existing and Planned Public Streets. The street network must incorporate existing and planned public streets, recreation paths and sidewalks shown on the City’s Official Map; or as required by the DRB if the location, length or function of a proposed street within the City’s street network warrants public ownership. The right-of-way provided for a public street shown on the Official Map must be of a similar location and alignment as that shown on the map, subject to approval and acceptance by the City Council. Planned right-of-way widths listed for public streets under Table 3-1: Planned Street rights-of- way, must also be incorporated in the proposed street layout as applicable. The existing right-of-way width of Hinesburg Road is 66-feet and the planned future width is 80 feet. The plat has been revised to depict the future right-of-way location except for that portion located on Lot 1A as the existing house sits one foot from the existing 66- foot right-of-way. Section 3.2 of the LDRs also requires that the front yard setbacks for lots fronting Hinesburg Road south of I-89 be set at 50 feet. This is also depicted on the Plat. WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 10 of 36 (4) Street Connections. The street network must maximize connectivity and provide for the future extension of streets of equivalent functional class and other connecting rights-of- way or easements through adjoining properties upon future subdivision, development or redevelopment. Street rights-of-way must extend to adjoining property lines to allow for future street, sidewalk, recreation path and utility connections. Accordingly: a. Right-of-way connections to properties adjoining the subdivision must be provided along property boundaries at regular intervals, spaced according to functional class, street type and, where applicable, required block lengths unless modified or waived by the DRB under 15.01(C). The modest size of the parent parcel provides a minimal number of connective opportunities. This application has followed prior guidance of enabling a future connection near the southeast corner of the parent parcel (southeast corner of Lot 3. b. In making its determination to waive or modify a street right-of-way requirement, the Board shall consider substitution of a recreation path, sidewalk, or trail right-of-way prior to determination that a full waiver of a right- of-way is warranted. The applicant seeks a conditioned approval that the the physical construction of the connector roadway not be completed with this project in favor of requiring the completion of the road as part of the future development of Lots 2 or 3. c. The DRB shall require that applicant construct a connecting street or recreation path to the property line; or to contribute a proportionate share of the cost to complete construction, in addition to any required impact fees. Where a street or recreation path is identified in the Impact Fee Ordinance, construction of planned improvements may receive credit pursuant to the Ordinance. This application again relies upon a conditioned requirement that the connective roadway be completed when Lots 2 and 3 are developed. d. For phased development, the DRB may approve a street or other right-of-way shown on the subdivision plat and, as a condition of subdivision approval, require that the right-of-way be clearly marked on the ground with one or more signs that indicate its existence and future use; and that construction must occur before any further subdivision or development may be allowed. The plat plan clearly depicts the proposed easement that is to benefit Both Lots 2 and 3 and the City of South Burlington as part of the alignment of a future roadway. Any boulders unearthed during the Phase I construction of the infrastructure on Lot 1 will be placed along the edge of the 40-foot access ease,emt. WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 11 of 36 e. The DRB may require temporary turnarounds at subdivision boundaries, designed to City specifications as approved by the City Engineer and Fire Chief. The applicant must then show on the subdivision plat the right-of-way area to be returned to adjacent property owners when street and sidewalk extensions to abutting properties are constructed. This feature has been added to the proposed subdivision plat. (5) Dead-End Streets. Permanently gated streets, dead-end streets, and cul-de-sacs are prohibited unless the DRB finds that physical right-of-way limitations, other legal constraints, incompatible land uses, or Hazards or Level I Resources identified for protection under Article 12 preclude required street connections. This project proposes a temporary hammerhead turnaround at the end of the Phase I street. The proposed temporary hammerhead has been reviewed by the Fire Department. a. Permanent dead-end streets are subject to review and approval by the Fire Chief and City Engineer under these Regulations and other public works specifications and fire codes in effect at the time of application. Not applicable as this is not proposed as a permanent dead-end street. b. A permanent dead-end street allowed under this provision must not exceed two hundred (200) feet in length measured to the center of the turnaround; and must include a turnaround designed to City specifications. Hammerhead turnaround designs are the City’s preferred dead-end configuration. Not applicable as this is not proposed as a permanent dead-end street. C. Street Design. (1) The street network must incorporate allowed Street Types under Article 11.A The proposed street type is Neighborhood Narrow as there is a limited amount of land uses proposed along this road, 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 The horizontal and vertical alignment along with the typical section has been designed by a licensed professional engineer. and constructed to City specifications The recently published Public Works Standards provide construction means which this application proposes to follow. The Standards do not cover alternate sections which have been recommended for use by the Department of Public Works for public (or private) streets proposed and constructed in the I-O District. The applicant seeks Alternate Compliance findings for the proposed alternate typical section for Maxine’s Way. Concurrence of this alternate design is being pursued by the Department of Public WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 12 of 36 Works. Proposed street types and functional classifications must be identified on subdivision plans submitted with the application. a. All streets, including both public and private streets, must be designed and constructed by the applicant or developer to City specifications, unless otherwise specifically authorized by the DRB under final subdivision approval. The proposed Neighborhood Narrow Street has adopted all of the written standards as outlined in the LDRs and are further refined within the newly published Public Works Standards. The typical road section proposed with this application has been designed to provide functional durability and proper surface and internal drainage components and varies from the public works standards in that it adopts a more rural based surface water collection system consistent with the most recent road construction improvements guidance in the I-O District guidance set forth by the Department of Public Works for future public streets. The applicant seeks Alternate Compliance findings for the proposed alternate typical section for Maxine’s Way. Concurrence of this alternate design is being pursued by the Department of Public Works. b. In reviewing master plan and subdivision applications, including applications for Planned Unit Development under Article 15.C, the DRB has the authority to require the design and construction of proposed streets to City standards Acknowledged. Please see the narrative outlined in the prior section. the upgrade or improvement of an existing street as necessary to serve the proposed subdivision The Vermont Agency of Transportation controls the access management of VT Route 116 (Hinesburg Road) and is requiring the width and surface material management of the primary access at 850 Hinesburg Road and the elimination of the curb cut at 850 Hinesburg Road.; and the provision of an irrevocable offer of dedication of one or more streets to the City Currently these Phase I and future phase streets are to remain private. However, with the understanding that third parties may benefit from access to these private streets, an irrevocable offer of an access easement to the City of South Burlington will be included with the legal documents to be submitted with the Final Plan application. Any action to accept an offer of dedication shall be the sole authority of the City Council. Acknowledged. c. Public Streets. The DRB shall require a street to be offered for dedication to the City as a public street in accordance with the following: i. The proposed street will or could provide a future extension to an adjoining unaffiliated property or to another existing, proposed, or WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 13 of 36 planned public street. Not applicable as the streets are proposed to remain private. ii. The DRB determines, upon recommendation from the Director of Public Works and Planning & Zoning Director, that the significance of the proposed street within the City’s street network warrants public ownership. Not applicable as the streets are proposed to remain private but this can be revisited. iii. Any street proposed or offered to be public must be built to public standards as enumerated in these Regulations or associated Public Works Standards and Specifications There are no written or published Public Works Standards. d. Private Streets. The DRB may approve, or require, a proposed street to be a private street, as clearly marked on the subdivision plat This is shown on the Subdivision Plat and in any applicable legal documents, in accordance with the following: i. The proposed street will serve lots within a commercial subdivision, master plan, or Planned Unit Development The proposed private street is associated with a proposed PUD project. ii. The proposed street is a dead end street that cannot connect to an adjacent unaffiliated property or street. Phase I is a dead end street but if further development of either Lots 2 or 3 occur, this could become closer to becoming a connected street (to another private street). iii. Homes built on a private roadway may be required to be sprinklered to the satisfaction of the South Burlington Fire Chief. The Fire Marshal has indicated that the buildings will need to be outfitted with a 13D type sprinkler system. All proposed sprinkler systems must be reviewed and agreed upon prior to plat approval. The plans have been revised to indicate that the proposed structures on Lots 1B, 1C and Lot 1D are all to be outfitted with a Type 13D sprinkler system. This requirement may be waived be the DRB upon recommendation by the City of South Burlington Fire Chief. e. Street Types under Article 11.A specify standards that must be followed in designing, redesigning, modifying, or reconstructing a street, except for an existing or proposed public street for which there exists separate engineering plans developed by the City. Street, streetscape, or any other construction or improvements within these street rights-of-way must conform to City engineering plans, as modified by the Director of Public Works. The proposed WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 14 of 36 street type is Neighborhood Street – Narrow. The typical section is one which was utilized in form for the construction of Randall Street – North in the I-O District and subsequently reinforced recently in the construction of Randall Street-South so called (Booska Movers) as part of the planned future connection of the south and north portions as part of a public street system loop. This application seeks Alternance Compliance findings for the use of this type of cross section with the Neighborhood Street – Narrow width standards but no sidewalk. f. All streets must be designed and constructed with sidewalks, greenbelts, bike facilities, medians, travel lanes and on-street parking as specified for each street type, unless an acceptable alternative is approved by the DRB under Subsection (7) below. In support of reducing the amount of impervious surface and maintenance costs, this application seeks approval for a “Shared Use” approach for pedestrian and vehicular use of this roadway in lieu of a dedicated sidewalk. Along the alignment of the proposed road, the first 250 feet is comprised of a crushed stone pavement system. As this has performed extremely well under the large truck loading of the surrounding Wright Trucking Company, the applicant is seeking Alternance Compliance findings to continue this surface material in lieu of bituminous concrete for the remaining portion of Maxine’s way to the east. The street type standard applicable to a proposed street or section of roadway shall be determined by the Development Review Board, in consultation with the Public Works and Planning & Zoning Departments, based on supporting documentation and the following criteria: i. Any street type listed for a specific section of roadway, as shown on the Official Map or the Official Zoning Map, shall be the applicable street type for purposes of these regulations. Not applicable as the Official Map does not show any future vehicular or pedestrian based improvements in this area. ii. The street type must be listed as an eligible or allowed street type as specified by Zoning District, Transect Zone Building Envelope Standard, or PUD type. This is not clearly identified in Table 11-A. iii. The proposed street must conform to the stated intent of an applicable street type and intended uses and activities listed for that type. The description of the Neighborhood Street – Narrow Type is outlined below: WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 15 of 36 Narrow Streets are a special residential street type within the local street network that provides for greater intimacy and ambiance as well as traffic calming because of its limited width. Its application should be targeted to areas where through trips are undesirable or unlikely and where parallel alternative routes are accessible This project seeks to take advantage of these features with the understanding that the future extension of this road will not create a desirable alternate that is otherwise available to traffic currently using the Lane Press Driveway, traveling out to Meadowland Drive and Then Route 116 via 30’ wide roadways. iv. The street type must be consistent with planned, proposed or anticipated connections to or extensions of existing streets. There are City documents which indicate future street connections in this area. v. The street type must be consistent with the specified design speed and design vehicle and accommodate projected traffic volumes at buildout. The stated benefit or creating a traffic calming feature is well suited for this limited use neighborhood. vi. The street type, including associated facilities, must accommodate all anticipated users, including motorists, pedestrians, cyclists and transit riders. Vermont Agency of Transportation Design Standards facilitate Shared Use designs for traffic volumes of less than 100 vehicles per day. The proposed road will support three single family homes and one ADU. Conservatively this equates to an average annual daily traffic (AADT) volume of 40 vehicles per day (VPD). Specifically for roads with less than 100 VPD, the Design Standards call for a two-lane road width of 18-feet with no shoulder and no additional accommodation for bicycles/pedestrians. vii. The street type must conform to Comprehensive Plan policies, and any long range studies, capital plans, and other related city planning and policy documents specific to the street, the location, and the planned pattern of development in the vicinity of the subdivision. The City’s Comprehensive Plan does not identify any specific road improvements in this area which influence this property. g. The DRB is authorized to allow modifications of City street types and standards within a Subdivision, Transect Zone Subdivision or Planned Unit Development, at the request of an applicant, if it finds that the proposed modification furthers stated Comprehensive Plan goals and policies specific to the Zoning District, Transect Zone or PUD type in which the street is located, and that such modification is consistent with provisions for public health, safety and welfare and the orderly development of the City. The narratives outlined in the prior WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 16 of 36 sections indicate that Public Policy guidances provide for the ability to effectively and safely utilize the proposed typical road section. In no case shall a public or private street have a width of less than (20) feet The proposed road is 20’ wide plus two (2) feet wide grassed transitional shoulders . In making such a finding, the DRB may consider, as applicable: i. The stated reasons why a cited standard or specification cannot be achieved; The stated standard of including a sidewalk will create a loss of greenspace while increasing the amount of impervious area to be mitigated. ii. The estimated cost of construction to meet the cited standard in relation to the total project cost, and the cost of any proposed alternative, if cost is cited as a factor in the request; Cost is rarely not a factor in every decision which is made. The cost of constructing a dedicated five (5) foot wide concrete sidewalk is estimated to be $25,200 based on a length of 350 feet from the west edge of the lot 1D driveway and the existing crushed stone surface work yard. iii. Projected traffic volumes, including projected truck, pedestrian and bicyclist traffic, and the minimum standards necessary to accommodate the stated design vehicle(s); The projected vehicular traffic at Lot 1B is 40 vehicles per day. iv. The compatibility of a requested modification with present and anticipated improvements to adjacent street sections or connections; This section of Maxine’s Way may be subject to future traffic increases as outlined in the Master Plan in which Lot 2 which abuts Maxine’s Way may be further subdivided. v. Accident data for the area, to determine the potential impact of a proposed modification on safety and accident rates; and any proposed countermeasures that will be employed to reduce the frequency and severity of future accidents; The Vermont Agency of Transportation Route Logs does not identify this as being a high accident rate area. The limited amount of traffic on Maxine’s Way would indicate that this status would not change. vi. Recommendations of the Director of Public Works with respect to the proposed street design in relation to its development context, functional classification, and maintenance. This is being pursued. Any other information the Board deems necessary to render a decision. Notwithstanding the above, the DRB is authorized to approve minor modifications to accommodate physical site WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 17 of 36 constraints and/or existing patterns of development upon review by the Director of Public Works. D. Functional Capacity and Transit Oriented Development. The nearest signalized intersection or those intersections specified by the DRB shall have an overall level of service “D” or better, at the peak street hour, including the anticipated impact of the fully developed proposed PUD or subdivision. In addition, the level of service of each through movement on the major roadway shall have a level of service “D” or better at full buildout. The proposed project is so small in comparison to the standard in which traffic studies are warranted, by inspection, this project will not modify the existing nearby traffic signal (to the north at Tilley Drive) levels of service. The Levels of Service identified at the Tilley Drive intersection for through movements along Hinesburg Road range from A for Southbound and B for northbound. E. Access and Circulation. The applicant must demonstrate that the street network is arranged to meet applicable access management, traffic, and pedestrian circulation standards under these Regulations, including criteria for site plans under Article 14, Transect Zone Subdivisions under Article 8, or a type of Planned Unit Development under Article 15.C; Compliance narrative for Article 15.C is included with this submittal package. and, for state highways, VTrans Access Management Program Guidelines in effect at the time of application The applicant has received a Letter of Intent for the issuance of an Access Permit for the proposed project.. Unless otherwise specified under these Regulations, the street network, including the location and arrangement of streets, must be designed to: (1) Provide a minimum of two (2) entrances or access points from an arterial or collector street to a subdivision with more than fifty (50) dwelling units on four (4) or more lots or within four (4) or more principal buildings, unless otherwise approved by the DRB in consultation with the City Engineer and Director of Planning & Zoning. This project proposes one initial access to an Arterial Street as it proposes only 4 additional units. (2) Separate subdivision entrances by a minimum distance of four hundred (400) feet on either side of a public street, as necessary to ensure safe access and traffic movement into and out of the subdivision. Subdivision entrances on opposite sides of a public street may be allowed by the DRB if substantially aligned with each other. Signalized subdivision entrances must be separated from existing, signalized highway intersections (as measured between the near edges of the driveway and WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 18 of 36 the intersection) based on street traffic volumes: The nearest street/road intersection is 1000 feet away which far exceeds the most restrictive requirement. Table 15-1: Signalized Intersection Spacing Projected Peak Hour Volume (VPH per access lane) Distance (Feet) Below 450 300’ 450-550 350’ 551-650 400’ 651-750 450’ 751 and greater 500’ (3) Provide for street intersections as close to ninety (90) degrees as physically possible. This proposed intersection alignment provides for this requirement. (4) Incorporate offset “T” intersections and other traffic calming measures as necessary to reduce through traffic and traffic speeds within residential and mixed use neighborhoods and to establish terminal views. The master plan street layout provides traffic calming through the use of a small diameter horizontal curve at the change in direction from the east-west alignment to the north-south alignment. Street jogs with centerline offsets of less than two hundred (200) feet on local streets are not allowed unless specifically approved by the DRB, in consultation with the Fire Chief and City Engineer, for purposes of traffic calming. This is not proposed. (5) Provide deceleration, acceleration and turn stacking lanes as necessary to meet specified Level of Service (LOS) standards under (3) above. This is not being required by VTrans. (6) Design intersections and other access points to City specifications to include curb radii necessary to accommodate anticipated vehicle types and speeds while also minimizing pedestrian crossing distances. This intersection is being designed to VTrans B-71B standard for commercial drives. (7) Provide for safe access to abutting properties for motorists, cyclists, and pedestrians, including safe sight distances, access separation distances, and accommodations for high- accident locations. The proposed intersection has acted as a commercial drive without issue for decades. This is not a high accident location. VTrans issuance of a LOI demonstrates suitability for the proposed use. (8) Align access points with existing intersections or curb cuts and consolidate existing access points or curb cuts within the subdivision, to the extent physically and functionally feasible. The number of curb cuts on Hinesburg Road will be reduced with this project. WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 19 of 36 (9) Minimize vehicular access points (curb cuts) to abutting properties and building lots along pedestrian-oriented street frontage; and provide, where physically feasible, shared vehicular access to frontage and other abutting building lots via rear alleys, side streets, service lanes, shared driveways, or rear cross connections between adjoining parcels. The Master plan for the development of Lot 2 in conjunction with the infrastructure construction for Phase 1 will provide the opportunity for opposing single family lots to have their driveways along across from each other. F. Street Names and Signs. 1) Names. Proposed streets and street names must be identified on the final subdivision plat submitted with the application. Street names and numbering shall be provided and approved in accordance with the City’s E-911 Ordinance. Maxine’s Way has been proposed for the name of the private street as it does not conflict with any of the existing street names in the City. The applicant will pursue the required process for the formal adoption of this name. 2) Signs. All street signs and posts will be provided and must be installed by the City at the expense of the subdivider. Street and other highway signs must conform to the South Burlington Sign Ordinance and applicable Manual on Uniform Traffic Control Devices (MUTCD standards) in effect at the time of application. Acknowledged. 15.A.15 Sidewalks, Bike Lanes, and Recreation Paths 1. a. Purpose and Intent. As necessary to facilitate pedestrian and bicycle access and circulation throughout the subdivision, and to provide direct pedestrian and bicycle connections to adjoining neighborhoods there are no neighborhoods in the immediate area, the nearest is 1,800 feet via the existing road alignments, public parks the nearest neighborhood park located 2,300 feet from the first new house to the facility within the Rye Meadows subdivision (This neighborhood when permitted was designed to accommodate users located within 1,300 feet of the park), transit stops the nearest commuter stop is at the intersection of Meadowland Drive and the common driveway for Lane Press and Dynapower which is just under 1,800 feet away and in the AM only brings individuals to points south (down to Middlebury), and other community focal points or destinations in the vicinity (e.g., schools, recreation facilities, civic buildings, shopping and employment centers none of these facilities are located near this property), the applicant must demonstrate that subdivision layout and design, including the proposed street network, incorporates as applicable: i. Pedestrian-oriented streetscapes, as defined by Street Type under Article 11.A; The proposed street type is Neighborhood Street-Narrow (NSN) but modified to reflect the rural surroundings and with a road profile consistent with recent guidance from the Department of Public works which eliminates curbs and enclosed drainage WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 20 of 36 systems. Consistent with the low density and VTrans State Design Standards which support “share the road” approach for low volume roads, the applicant is requesting that the dedicated sidewalk associated with the not be required for the NSN. ii. Pedestrian sidewalks, crosswalks, and mid-block crossings that meet ADA requirements; This is not applicable with the waiving of the sidewalk requirement. iii. Interior block pedestrian passages and walkways; Not applicable as this block is not that large. iv. Direct pedestrian access from the street to fronting building lots and civic spaces, and to existing and planned transit stops; The proposed civic (community garden open space) is located to the east. There are no planned transit stops. v. Bicycle access to all building lots The VTrans State Design Standards allows :Share the Road” configurations for low volume roads with design speeds or 25 mph, and existing and planned transit stops; The nearest transit stop is 1/3 mile away and will not bring you into Burlington in the AM. vi. Bicycle lanes, as incorporated by street type Not applicable for NS-N; and vii. Existing and planned pedestrian trails and multiuse recreation paths, as identified in the Comprehensive Plan the Comprehensive Plan shows a shared use path on the west side of Hinesburg Road, or on the City’s Official Map The Official Map does not identity any pedestrian or bicycle facilities in this area. b. Complete Streets. Unless otherwise specified by Zoning District, Transect Zone or PUD type, the subdivision must incorporate sidewalks or recreation paths as required by Street Type under Article 11.A, other City specifications, and Americans with Disabilities Act (ADA) requirements as applicable. The applicant seeks relief from this standard based on the low volume of traffic on Maxine’s Way. i. Where a subdivision is proposed to front along an existing roadway no new undeveloped lots will front along an existing street, all elements of the Street Type from the curb inward shall be installed by the applicant where not present. c. Pedestrian Easement. - A permanent pedestrian easement twenty (20) feet in width may be required by the DRB, as necessary to facilitate pedestrian and bicycle circulation within the subdivision Acknowledged: i. Through any block that is six hundred (600) feet or more in length; ii. As a continuation of a dead-end street; iii. To provide direct pedestrian access to an existing or planned transit stop within or adjacent to the subdivision; or iv. In conjunction with a utility easement. WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 21 of 36 d. Additional Easements. - Additional pedestrian or recreation path easements must be reserved, as indicated on subdivision plans, and shown on the subdivision plat, in conformance with planned public trail and recreation path systems included on the Official Map and Comprehensive Plan. The Official Map does not show any improvements in the area and the Comprehensive Plan shows a recreation path on the opposite side of Hinesburg Road. 15.A.16 Blocks and Lots A. Purpose. The layout and configuration of blocks and building lots in relation to the street network establishes the overall pattern of development, including the creation or extension of walkable, pedestrian-friendly neighborhoods and mixed use developments. As such, the configuration of blocks and building lots represent a fundamental component of subdivision design. Accordingly, the applicant must demonstrate that the proposed subdivision incorporates: 1) A street layout or grid under 15.A.14 above that establishes blocks that meet required block standards under these Regulations, including interconnected, walkable blocks and neighborhoods in all residential and mixed use zoning districts, or as specified by Transect Zone under Article 8 or by PUD type under Article 15.C. Following the guidance provided by the DRB during the Sketch Plan review process it was agreed that the proposed road layout master plan would run east-west from Hinesburg Road and then southerly to the south property line to create a block of 450 feet from the centerline of Maxine’s Way to the south property line. 2) Blocks that are configured to accommodate and provide access to building lots that comply with these Regulations. 3) Block faces and building lots that, where feasible, are oriented to maximize solar access and gain; The proposed street layout follows the guidance found earlier in 15A regarding the goals for enabling solar access. 4) Regularly shaped building lots that front on, and minimize lot frontage or width along abutting streets; The proposed principal lots 1, 2 and 3 have been created with the recognition that there are numerous existing accessory structures that enable the equitable division of the land between the three Wright Family siblings. 5) Required civic spaces, parking lots or structures, and utility corridors and other facilities or easements that are intended to be held, managed, and maintained in single or common ownership. These are all identified on the site plans and subdivision plat. B. Blocks. In all Zoning Districts except the SEQ-Natural Resource Protection, Mixed Industrial/Commercial, Industrial-Open Space, Airport, Airport Industrial, Institutional Agricultural, Park and Recreation, and Form Based Code District, As this property is located in WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 22 of 36 the I-O District it is exempted from this requirement and the remining portion has been removed for brevity. C. Lots. All lots must be laid out to logically relate to topography and their intended use or purpose. Building lots must be laid out within existing and planned street and block configurations, in such a way that they can be developed in full compliance with their intended use and these Regulations. Unless otherwise specified under these Regulations as applicable to the subdivision: 1) All proposed lots must be numbered, as shown on subdivision plans and plats. This has been integrated into the plans. 2) The arrangement and configuration of lots must allow for the further subdivision of any remaining developable land on the tract or parcel to be subdivided. Where proposed building lots exceed minimum lot area requirements, the DRB may require that such lots be configured and developed in a manner that allows for further subdivision and infill development. Acknowledged. The proposed lots all exceed the minimum lot size allowed under the 5 unit per acre density provision. 3) Building or other lots for existing or planned public facilities or uses, including public parks, as shown on the City’s Official map or proposed for dedication to the City, must be labeled and shown as such on the subdivision plan and plat. The Official Map does not show any features near this parcel. 4) Unless otherwise specified under these Regulations, a minimum of ten percent (10%) of the total buildable area within the developed portion of any Major Subdivision exceeding two acres in size must be allocated to functionally integrated civic space lots, as shown on the subdivision plan and plat. The minimum required sizing of the civic space area is based on the parcel size of 10.05 acres – 0.69 acres of Type 1 Hazards (Class II Wetland Buffer) – 0.71 acres of proposed road right-of-way (access easement) – 0.30 acres of Proposed future right-of-way (access easement) = 8.35 acres x 10% = 0.835 acres. The proposed size of the civic (Community Garden) space is 1.0 acres. The allowable uses for this area include: Garden plots, accessory facilities/structures (e.g., water source, equipment shed); limited/no parking. a) Required civic space must incorporate one or more allowed Civic Space Types under Article 11.B and meet associated type requirements. From Article 11.B, the proposed civic space is Community Garden. b) Designated civic space lots must have frontage on or pedestrian access from an abutting street. The entrance to a civic space that does not front on an abutting street must be readily visible, apparent, and accessible from the street. The proposed civic space retain frontage on both the existing and proposed extension of Maxine’s Way. WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 23 of 36 c) Civic space lots must be identified on the subdivision plat, and in associated legal documents, as Civic Space lots to be maintained and managed in single or common ownership. This callout is shown on the plat. d) For Major Subdivisions under six (6) acres, the DRB may, in its discretion, provide a credit for up to 50% of the required Civic Space 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 as there are no facilities that meet this requirement this is not applicable and the remaining section has been removed for brevity. 5) The arrangement and configuration of building lots within the subdivision must be consistent with the intended use, street type, and the planned pattern of development for the Zoning District, Transect Zone or PUD type in which the subdivision is located, including the existing or planned street and block network. This layout plays off of the requirements in the I-O District which looks for larger lots and the statutory requirements that enable a density of up to 5 units per acre. All building lots must front on a public or private street, a designated civic space, or a shared courtyard with pedestrian access to the abutting street. All of the proposed lots front om a private street. 6) Building lots must be configured to comply with all relevant lot area, dimensional and lot coverage requirements under these Regulations, including as appliable: • Lot requirements under Section 3.05; Section 3.05 is inserted below for review. 3.05 Lots a) Reduction of Lot Size. - No lot shall be so reduced in area that the lot size, coverage, setbacks, or other requirements of these regulations shall be smaller than herein prescribed for each district b) Lots With No Road Frontage. i) No land development may be permitted on lots which do not have either frontage on a public road or public waters, unless, with the approval of the Development Review Board through a miscellaneous application, such lots have access to a public road or waters by a permanent easement or right-of-way. Ther proposed lots will front on a private road supported by an access easement. ii) The Development Review Board may approve development of existing lots with no frontage on a public street Not applicable and remaining section has been removed for brevity. c) Road Frontage. In order to promote infill development while protecting the character of existing neighborhoods, no lot shall be created without a minimum of 50-ft of frontage on a public road in the following districts: R1, R1-LV, R2, R4, and LN unless authorized under Article 15.C, Planned Unit Development. The property is located is located in the I-O District but has discussed adopting the lot size standards of the R4 District. The proposed access easement for Maxine’s Way is 40-feet in width consistent with WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 24 of 36 the standard outlined in Article 11.A. This project is also being reviewed as a General PUD. d) Existing Small Lots. Not applicable and the remaining portion has been removed for brevity. e) Corner Lots. This will be true for the proposed Lot 1A and Lot 2 in which frontages will occur on both Hinesburg Road and Maxine’s Way. In cases where a lot has frontage on two streets, the lot shall be deemed a corner lot and shall have two frontages. In cases where a lot has frontage on a public street and on a private right-of-way, the lot shall be deemed a corner lot and shall have two frontages. This has been adopted. • Setback and buffer requirements under Section 3.06; Section 6 has been inserted below for conformance review. 3.06 Existing and Planned Rights-of-Way; Setbacks; and Buffers a) General Provisions. The size and dimensions of setbacks shall be as indicated in Table C- 2, Dimensional Standards, unless otherwise provided in these Regulations. This project stands at the cross roads of the current I-O District Lot size standards and the State mandated 5-unit per acre minimum density. This application proposes lot size and setback standards consistent with the R4 zoning district which permits one unit per 9.500 SF or 4.58 units per acre. The R4 standards call for: 30’ Front Yard Setback 10’ Side Yard Setback 30’ Rear Yard Setback 15’ Accessory Setback 20% Building Coverage 40% Lot Coverage The proposed values to be used for this PUD are as follows: 30’ Front Yard Setback 10’ Side Yard Setback 20’ Rear Yard Setback (this fronts a commercial property will no active uses near the common property line) 15’ Accessory Setback (5’ for existing structures) 20% Building Coverage 40% Lot Coverage b) Arterial and Collector Streets. i) Existing and Planned Rights-of-Way. Table 3-1 indicates estimated existing and planned street rights-of-way (ROW). For any proposed redevelopment project adjacent to a street in this Table, This project fronts on Hinesburg Road the relevant WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 25 of 36 front property line shall be measured from the Planned Street ROW. Where the Planned Street ROW exceeds the Existing Street ROW, one half of the difference shall be assigned to each side of the street unless the Development Review Board finds that the street is not centered in its current ROW. Table 3-1: Existing and Planned Streets Rights-of-Way Street Existing Estimated Street ROW (feet) Minimum Planned Street ROW (feet) Hinesburg Road 66 80 The plat depicts the existing Hinesburg Right-of-way and the proposed future 12’ expansion to enable the expansion of the ROW to 80-feet. Please note that the existing house on Lot 1A sits one foot from the existing 66-foot right-of-way. ii) For the arterial and collector streets listed below, minimum front setbacks shall be fifty (50) feet from the edge of the planned street right-of-way. Table 3-2: Streets Requiring a Minimum 50’ setback Street Allen Road Hinesburg Road, south of I-89 Kennedy Drive Spear Street, south of I-189 The front yard setback has been measured off of the future ROW width. All of the existing residences are non-complying as it relates to the front yard setback. Planned Arterial and Collector Streets. Not applicable Planned public arterial and collector streets, as designated by the Development Review Board, shall be subject to the provisions of this Section 3.06 and any frontage requirements. c) Yards Abutting a Planned Street. Yards abutting a right-of-way designated for a planned public street Not applicable as there are no planned public streets and Maxine’s Way is a proposed private street shall have a minimum setback equal to the front setback requirement for the district in which the lot exists, unless the yards abut any of those streets listed in above, in Section 3.06(B)(2) in which case the minimum setback shall be fifty (50) feet from the edge of the planned street right-of-way. d) Setback Calculation. No space which for the purpose of a building or dwelling has been counted or calculated as part of a side, front, or rear setback or open space provision WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 26 of 36 required by these Regulations may be counted or calculated to satisfy or comply with a setback or space requirement of or for any other building. Acknowledged. e) Traffic Visibility Across Yards. No shrubbery shall be erected, maintained, or planted on any lot that obstructs or interferes with traffic visibility. In the case of corner lots, such restricted area shall be the triangular area formed by the lot lines along the streets and a line connecting them at points twenty-five (25) feet from the intersection. This restricted area is depicted on Sheet C2.0 at Lots 1A and 2 (at Hinesburg Road) and Lot 2 at the northeast corner. f) Structures Requiring Setbacks. Except as specifically provided elsewhere in these Regulations, front, side, and rear setback provisions shall apply to all structures, except for fences. Acknowledged. g) Satellite Dishes. Satellite dishes exceeding three (3) feet in diameter shall not be located within the area between a street right-of-way line and the front elevation of a building. Satellite dishes shall be screened. Acknowledged but not proposed. h) Front Setback Area Landscaping for Non-Residential Uses. In the case of nonresidential uses, not more than thirty percent (30%) of the area of the required front setback shall be used for driveways and parking and the balance shall be suitably landscaped and maintained in good appearance. The existing commercial land use which will be situated on the proposed Lot 1B will be screened by the existing house and landscaping on Lot 1A and the landscaping fronting Hinesburg Road. The proposed landscaping plan calls for the retention of this vegetation. Design approaches that that use landscaping elements in the front setback which enhance stormwater infiltration or management are encouraged. No portion of the required front setback shall be used for storage or for any other purpose except as provided in this section. No change from the existing conditions are proposed. In addition, a continuous strip fifteen (15) feet in width traversed only by driveways and sidewalks shall be maintained between the street right-of-way line and the balance of the lot, which strip should be landscaped and maintained in good appearance. The proposed access easement for Maxine’s Way bisects the yard for the Wright Transportation commercial use. The existing driveway for the truck parking area will preclude the introduction of a 15’ wide landscaped island in this area. This provision shall apply also to yards that abut a right-of-way designated for a future street. i) Setback and Buffer Strip Adjacent to Residential District Boundaries. WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 27 of 36 i) Setback to residential zoning districts. Any new, reconstructed, or expanded principal building located wholly or primarily in a non-residential zoning district shall retain a setback of not less than sixty-five (65) feet from all adjacent residential zoning districts, unless applicable lots are part of a Master Plan or Planned Unit Development. Not applicable as this project is located in the I-O District and this project is subject to approval as a PUD. ii) Buffer strip. A buffer strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback in subsection (a) shall be installed and landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not ordinarily be permitted within the fifteen (15) foot wide buffer area. The only commercial use is located on Lot 1B. This lot also proposes a new residential building which is specifically being designed as an integral relation to the commercial use. iii) The Development Review Board may permit new or expanded nonresidential uses, structures and/or parking areas, and new external light fixtures, within the setback and/or buffer as set forth in (1) or (2) above, and may approve a modification of the width of the required setback and/or landscaped buffer as set forth in (1) above. In doing so the DRB shall find that the proposed lighting, landscaping and/or fencing to be provided adjacent to the boundary of the residential district will provide equivalent screening of the noise, light and visual impacts of the new non-residential use to that which would be provided by the standard setback and buffer requirements in (1) above. However in no case may the required side or rear setback be reduced below the standard requirement for the zoning district in which the non- residential use is located. Acknowledged but not proposed. j) Exceptions to Setback and Lot Coverage Requirements for Lots Existing Prior to February 28, 1974. The following exceptions to setbacks and lot coverages shall be permitted for lots or dwelling units that meet the following criteria: the lot or dwelling unit was in existence prior to February 28, 1974, and the existing or proposed principal use on the lot is a single-family dwelling or a two-family dwelling. Not applicable and the remaining section has been removed for brevity. k) Front Setback for Front Decks and Porches in the R4 District This property is not located in the R4 district although the goal has been to adopt many of those design requirements for this project in light of the State statutory change in the maximum allowable residential density. In the R4 District, an open porch or deck that shall not exceed the width of the building face to which the porch or deck is attached and that shall not have a depth greater than 12 feet as measured from the building face, shall have a minimum front setback of 10 feet. Access steps not greater than 5 feet in width WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 28 of 36 may project no more than 5 feet in front of the porch or deck, but in no case shall be located closer than 5 feet from the front property line. An enclosed porch, or an open porch or deck exceeding 12 feet in depth, shall be considered part of the principal building and subject to standard front setbacks. The applicant asks that as a condition of approval that section 15.A.16 (C)(6)(k) be available for use for the project. l) Side Setbacks for attached Dwelling Units. Side setbacks do not apply to lot lines co- existent with shared/party walls between attached dwelling units. Not applicable. • Lot requirements specific to an allowed use under Article 14; Not Applicable • Zoning district dimensional standards under Appendix C-2; The R4 District was chosen as the closest standard for a 5 unit per acre density obligation. The proposed dimensional standards have been previously outlined in this document. • Transect Zone Building Envelope Standards under Article 8; Not Applicable • SEQ Subdistrict standards under Article 9 Not Applicable; and • PUD or Building Type standards under Article 15.C and Article 11.C. Acknowledged and addressed in Article 15.C compliance review document. 7) 8) Unless otherwise specified under these Regulations, building lots must have sufficient developable area to accommodate proposed building types, associated yard or other required open space areas, site drainage, utilities, or other improvements required under these Regulations, including site plan standards under Article 14. Acknowledged. Accommodations have been made for utility easement areas. All lots are greater than the minimum allowable lot size. 9) A building lot generally must be rectangular in shape, with side lot lines that are perpendicular or radial to the abutting street, and rear lot lines that parallel the street, except as necessary to accommodate existing rights-of-way or other physical site constraints (see Figure 2-1, Lots, Yards and Lot Lines). Irregular or oddly shaped building lots, including flag and through lots, are prohibited, except for: a) A flag lot Not applicable as no flag lots are proposed., with a minimum of fifteen (15) feet of frontage on the abutting street, as necessary to accommodate a back-lot subdivision and infill development within an existing subdivision, block pattern, or development; b) A triangular or trapezoidal building lot defined by abutting streets that otherwise has sufficient street frontage and lot area to meet minimum lot requirements Not proposed/; or WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 29 of 36 c) A through lot with frontage on two parallel or intersecting streets that cannot be further subdivided under minimum lot requirements, provided that front setback requirements can be met on both streets. Not applicable. 10) Building lots should be oriented and configured to minimize lot width (frontage) along the street. The preferred building lot width to depth ratio is 1:2; however, a ratio of 1:1 to 1:5 may be allowed as necessary to accommodate physical site constraints, stormwater drainage, or rear lot access and parking. The lot ratio configurations are as follows: Lot 1A 135 86 1.57 Lot 1B 205 291 0.70 Lot 1C 198 115 1.72 Lot 1D 195 162 1.20 Lot 2 660 204 3.26 Lot 3 657 194 3.39 The applicant seeks a waiver for the lot ratio for Lots 1A, 1B, 1C, 1D 2 and 3 to reflect the inherent existing conditions associated with the existing limiting conditions and equitable distribution of area between the three relatives. The subdivision will make the individual homes more complying by being located om their own lots. 11) Building lots must be configured to avoid or, where necessary, minimize rear lot lines that abut side lot lines. Unless otherwise specified under these Regulations, corner lots must be configured to meet lot frontage and front setback or build-to-zone requirements on all abutting streets. This has been accommodated in the proposed design. (12) Temporary or permanent surface parking lots, where parking is the principal use, must at minimum meet the minimum lot area requirement applicable to building lots, to allow for future parking lot redevelopment. Such lots must also be shown on subdivision plans and plats submitted with the application. The parking for the trucks and trailers is to be found on Lot 1B in the same location as the existing conditions parking facility. 15.A.17 Mix of Dwelling Unit Types A. Mix of Dwelling Unit Types and Architectural Features. A mix of dwelling unit types (i.e. cottage, single family, two-family, small multi-family, townhouse, etc. etc.) and mix of architectural features and styles must be provided within neighborhoods and developments. These must be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near-identical unit types. An applicant for a subdivision shall submit a plan demonstrating how this mix will be achieved for the Development Review Board’s consideration at the preliminary plat stage. Where a WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 30 of 36 Planned Unit Development approved under Article 15C establishes standards for a mix of dwelling unit or building types, those standards shall supersede these herein. The limited number of proposed units reduces the practical application of this requirement. The applicant is proposing to integrate at least one accessory dwelling unit (ADU), essentially a cottage type unit, as part of the mix of proposed single-family homes. This is further addressed in Article 15.C compliance review document. 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 The project will create a very small number of lots., • Police, fire protection and ambulance services, The applicant has met with the Fire Department and has integrated the required turn-around configuration, and sprinkler requirements for the buildings. • Street infrastructure and maintenance, This is to be a private street which will have no impacts on the maintenance obligations of the City. Access is managed by the Vermont Agency of Transportation. • Parks and recreation facilities There are no nearby parks or recreation faciliites to be impacted., and • Water supply, wastewater disposal, and stormwater management systems and infrastructure. Water and sewer allocations have been acquired and the stormwater management has been designed in accordance with the State Stormwater Manual. 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, in accordance with the following: i. A subdivision within the City’s public water supply and wastewater system service areas must be connected to municipal systems unless physical constraints preclude such connection The proposed project will tie into the municipal water distribution system. For the sewer system this includes any area located within the City Center Service Area, or within 200 feet of an existing sewer line All of the proposed lots and the three existing homes served by on-site wastewater disposal will be tied into the municipal sewer collection system.. Each building lot within the subdivision must be served by the municipal system as required under the City’s Water Ordinance, and South Burlington Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems, as most recently amended. WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 31 of 36 ii. Private community or other onsite systems are not permitted within the City’s existing public water supply and sewer service areas Not applicable. iii. Existing or planned water supply and wastewater system capacity must be adequate to meet total water demand and wastewater flows at buildout, and for each phase of development, as evidenced by City allocations of available reserve capacity for projects connecting to municipal systems. The applicant must apply to the Department for a preliminary allocation of available uncommitted water and wastewater system reserve capacity in advance of preliminary subdivision review. These water and sewer allocations have been acquired. 1. Preliminary capacity determinations are not binding on the City but may be used by the applicant and DRB to determine that system reserve capacity, at the time of application, is sufficient to serve the proposed subdivision. Final capacity allocations will be issued by the Department only after the DRB issues final subdivision approval. Acknowledged. 2. Capacity allocations are not transferrable, and unused allocations expire with the expiration of final subdivision approval, or within (5) years of the date of issuance, unless a one-time extension of up to five (5) years is requested and approved by the Department. Acknowledged. iv. Proposed mains, distribution lines and connections to the City’s water distribution and wastewater systems, and associated equipment and appurtenances, must be designed to City specifications by a Vermont registered engineer, and are subject to review and approval by the Public Works Department. The project will be served by a shared service line capable of providing the required sprinkler flows and pressure at each unit. v. Utility corridors and easements must be shown on subdivision plans and plats submitted with the application These have been depicted on the subdivision plat.. Water and sewer mains must be located within the limits of public rights-of-way or, with approval of the DRB and the Department of Public Works: These are proposed to be privately owned and maintained utilities and there is no public right-of-way to locate them. 1. within other property owned by the City; or 2. within a restrictive, perpetual utility easement granted to the City which is of sufficient width to allow Department access for maintenance and repair work. vi. Sufficient water system pressure must be maintained throughout the subdivision, to serve all building lots and to provide for adequate fire protection. A hydrant flow test has been completed to confirm that the proposed buildings can be sufficiently served with both domestic and sprinkler flow and pressure requirements. vii. A water or sewer main must extend across the entire property, to the adjoining property line, to allow for future extensions through adjoining properties. The sewer main has been extended to the eats to the existing property lien and the water service line has been extended to the east end of the site to enable future extension to the east. WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 32 of 36 viii. The DRB, in consultation with the Department of Public Works and Planning & Zoning Department, may also request that the applicant overdesign required system improvements, including pipes and pumping stations, as necessary to also serve adjoining parcels, or to comply with planned system improvements, subject to review and approval by the City Council. There are required pump stations. The 800 Hinesburg Road property to the north is served by Gravity sewer and its own water main immediately north of this property. The Lane Press and Dynapower buildings are served by gravity sewer and there own dedicated water main immediately on the property to the south. 1. If requested improvements are approved by the City Council in advance of preliminary or final subdivision approval, system infrastructure must be installed by the applicant as approved, and the City shall reimburse the applicant or developer for the difference in cost. Acknowledged. 2. If the City Council does not approve requested improvements, the applicant will not be required to comply with the DRB or Department request. Acknowledged. c. Fire Protection. The subdivision must be laid out to ensure that adequate fire protection can be provided in accordance with City specifications. The applicant has met with the Fire Department and will install Type 13D fire sprinkler system in each building. i. Subdivision layout and design must also comply with applicable City and state public safety and fire codes in effect at the time of application, including standards for minimum separation distances between structures These are all greater than 20 feet, street width The 20-foot width complies with NFPA 1 design requirements, water flow and pressure Adequate flows and pressures have been confirmed with the benefits of the results from the recent Hydrant flow test. , fire hydrant installation None are proposed, the existing hydrants along Hinesburg Road will be utilized, sprinkler systems 13D sprinkler systems will be installed in each building, and emergency vehicle access The temporary hammerhead turn-around has been sized to meet DPW standards. ii. Fire hydrants connected to the municipal water system must be located and designed to meet City specifications, as recommended by the Department of Public Works and City Fire Marshal. For a subdivision that is not connected to the municipal system, the DRB may require the subdivider to install hydrants, fire ponds or other measures necessary to provide adequate fire protection, as recommended by the Fire Marshall (sic). Type 13D sprinkler systems will be installed at each building in accordance with the applicant’s coordination meeting with the Fire Department. d. Stormwater Facilities. The applicant must demonstrate that stormwater management system serving the subdivision has been designed to meet City standards and WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 33 of 36 specifications under Article 13 of these regulations and the South Burlington Ordinance Regulating the use of Public and Private Sanitary Sewerage and Stormwater Systems. The applicant is required to comply with the State of Vermont Stormwater Manual as part of the application for and acquisition of a State Operational Stormwater Permit which is the basic requirement set forth in Article 13. i. 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. Acknowledged and adopted. 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. i. Utility connections must be provided to each building lot, and to other subdivision lots on which service is necessary or required. These are depicted on Sheet C2.2 Site Utility Plan. ii. Utilities must be located within street rights-of-way, or within permanent utility access and maintenance easements identified on subdivision plans and plats. The plat depicts the supporting utility easements. iii. 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. All of the proposed distribution and service lines are proposed to be installed underground as shown on the Site Utility Plan. iv. 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. Both 800 Hinesburg Road to the north and Dynapower and Lane Press to the east are already served by high capacity utility services. The undeveloped lot to the south already has a water main on the property and gravity sewer available along its east property line. 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 WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 34 of 36 smooth levels of illumination (rather than hotspots) and light trespass minimized to the lowest level consistent with public safety. No existing or proposed sidewalks or supporting lighting is proposed. 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: i. Street and building lots that are oriented to maximize solar access and gain, for passive solar construction or rooftop solar installations. As previously outlined the street system has bene set up in an east-west and north-south layout. ii. Parking lots or structures that are designed and constructed to accommodate electric vehicle infrastructure, including charging stations and solar canopies or rooftop solar installations. There are no proposed parking lost and the extend of the EV Charging station installation will be integrated into each building based on the desire of each property owner. iii. One or more suitable open areas (“solar lots”) within the subdivision that are specifically designated for a ground-mounted community or neighborhood solar installation. There already exists an existing solar array located along the north property line which will be retained. iv. Solar access easements, as necessary to maintain solar access across adjoining building lots or properties. This is being promoted initially by not installing street trees along the south side of the proposed lots. v. Covenants, deed restrictions or other legal mechanisms that require “solar-ready” construction within the subdivision. Not proposed. 15.A.19 Required Improvements a. General Standards. All required improvements must be designed and installed in accordance with the design standards, development requirements, specifications and procedures set forth in these Regulations and other applicable City regulations and standards Acknowledged with the understanding that some of these standards are meant for public improvements (not privately owned and maintained facilities. Typical plans and sections are attached to these Regulations No they are not except by virtue of reference to the newly issued Public’s Works Standards, . . Installation and design standards apply to both public and privately owned required improvements. Acknowledged. Proposed privately owned streets and other improvements shall be marked as such on the final plat. This has been shown on the plat. WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 35 of 36 b. Reference Monuments. Permanent reference monuments, as shown on the final subdivision plat, must be set in concrete for all corners and angle points of the boundaries of the subdivision The existing conditions already provide concrete monuments at the four corners of the parcel. and as required by the City Engineer for new roads. Lot corner markers shall be set at corners and angle points of all lots, plots, or parcels, and located in the ground to finish grade. Acknowledged and proposed. c. Modification of Design or Improvements. If at any time after approval before or during the construction of the required improvements, the subdivider demonstrates that unforeseen conditions make it necessary or preferable to modify the location or design of structures, utility cabinets, curb cuts, roads, parking lots, lighting, or landscaping, such minor alterations may be authorized by the Administrative Officer pursuant to the standards in Section 14.05(H) for as-built plans and field changes, upon the advice of the City Engineer. Such authorization may be provided if the proposed changes are within the spirit and intent of the Development Review Board's approval and that they do not waive or substantially alter the function of any improvements previously required by the Development Review Board. The modification of minor engineering or construction details or improvements may be authorized by the City Engineer without further approval, provided such changes do not alter the approved function, location or design of structures, curb cuts, roads, or parking lots. Acknowledged. d. Inspection of Improvements. The City Engineer may, at their discretion, may perform inspections as needed during the installation of required improvements to verify the satisfactory completion of required work. Acknowledged. e. Proper Installation of Public Facilities and Improvements. Prior to the release of any bond, escrow account, or letter of credit pursuant to Section 17.15, the subdivider or developer must submit to the City Engineer as-built construction drawings, certified by a licensed engineer. The City Engineer shall then inspect the required public facilities and improvements. In the event deficiencies are found and are not remedied by the subdivider or developer, the Administrative Officer shall notify the holder of the surety and take all necessary steps to preserve the City's rights under any performance bond, escrow account, or letter of credit. Acknowledged. f. Acceptance of Required Improvements. The City Council is not obliged to accept any public street, facility, or improvement. City acceptance of proposed public streets and required public facilities and improvements must conform to procedures established by the City Council. Acceptance shall not take place until after the City Engineer has determined that required public facilities and improvements have been satisfactorily completed and after all bonds, escrow accounts or letters of credit, other than an amount that may be required to WGM Associates Subdivision Article 15A Compliance Summary May 6, 2024 Page 36 of 36 cover maintenance and guarantee work for a two-year period, have been released or closed. Acknowledged but no public acceptance of infrastructure is proposed.