HomeMy WebLinkAboutSD-15-18 - Decision - 0025 0027 Green Mountain Drive#SD-15-18
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SNYDER CONSTRUCTION COMPANY— 25 & 27 GREEN MOUNTAIN DRIVE
FINAL PLAT APPLICATION #SD-15-18
FINDINGS OF FACT AND DECISION
The applicant, Snyder Residential Building Company, LLC is seeking Final Plat approval for a planned unit
development on two (2) parcels totaling 13.25 acres with lot #1 developed with a 48,578 sq. ft. general
office building. The project consists of: 1) resubdividing lot #2 to increase its size to 10.12 acres, 2)
decreasing the size of lot #1 to 3.13 acres, and 3) developing lot #1 with a four (4) story 65 unit multi-
family dwelling, 25 & 27 Green Mountain Drive.
The Development Review Board held a public hearing on July 21, 2015. Andy Rowe represented the
applicant.
Based on testimony provided at the above mentioned public hearing and the plans and supporting
materials contained in the document file for this application, the Development Review Board finds,
concludes, and decides the following:
FINDINGS OF FACT
1. The applicant, Snyder Residential Building Company, LLC is seeking Final Plat approval for a
planned unit development on two (2) parcels totaling 13.25 acres with lot #1 developed with a
48,578 sq. ft. general office building. The project consists of: 1) resubdividing lot #2 to increase
its size to 10.12 acres, 2) decreasing the size of lot #1 to 3.13 acres, and 3) developing lot #1 with
a four (4) story 65 unit multi -family dwelling, 25 & 27 Green Mountain Drive.
2. The application was received on May 8, 2015.
3. The owner of record of the subject property is The Stonehedge Investment Corporation MPPP.
4. The subject property is located in the Commercial 2 Zoning District.
5. The plan submitted consists of fourteen (14) pages with page one (1) entitled "25 & 27 Green
Mountain Drive South Burlington, Vermont Site Plan" dated November 1, 2014 and last revised
on March 27, 2015.
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DIMENSIONAL REQUIREMENTS:
Zoning District & Dimensional Requirements:
FC---2 Zoning District
Required
Existing
Proposed Lot
Proposed Lot
Lot #1/Lot #2
#1
#2
*Min. Lot Size
6000 sq. ft./unit
3.70 / 9.55
3.13 acres
10.12
residential,
acres
40,000 sq. ft.
other
Max. Front Yard Coverage
30%
n.a. / 9.2%
n.a.
11.2%
Max. Building Coverage
40%
0%/ 4.3%
19.6%
4.1%
(18.6% approved at
(4.2% approved at
Prelim)
Prelim)
Max. Overall Coverage
70%
18.0%/ 22.9 6 71
42.6%
28.0%
(40.7%approved at
(24.8%approved
Prelim)
at Prelim)
Min. Front Setback
30 ft.
>30 ft.
>50 ft.
No change
Min. Side Setback
10 ft.
>10 ft.
>10 ft.
No change
Min. Rear Setback
30 ft.
>30 ft.
47 ft.
No change
Max. Building Height
40ft. (pitched
unknown
52 ft.
No change
roof)
Zoning compliance * Requires a height waiver of 12 feet
* The two (2) lots are being combined for purposes of the LDRs (i.e., density) and function as a single
Planned Unit Development.
Concerning the requested height waiver of 12 ft., the Board finds that the building will be located on the
uphill side of the parcel adjacent to the woods and will not obscure any views and also finds that the
proposed height waiver will also facilitate a more compact placement of housing units on the parcel, lower
overall lot coverage, and the retention of greater wooded areas.
The Board hereby grants the requested height waiver of 12 ft. for a final building height of 52 ft.
Density
In the C-2 District, up to seven (7) housing units per acre are permitted. The City does not allocate land
area/development density for commercial buildings, and as a PUD, the entire 13.25 acres are allocable
toward the residential density. This would allow a theoretical maximum of 92.75 dwelling units; 65 are
proposed.
The Board finds this criterion to be met.
5.08 Supplemental Standards for All Commercial Districts
A. Development according to commercial district regulations and multifamily development at the
residential density specified for the applicable district shall be subject to site plan review,
as set forth in Article 14, the purpose of which shall be to encourage innovation of design
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and layout, encourage more efficient use of land for commercial development, promote
mixed -use development and shared parking opportunities, provide coordinated access to
and from commercial developments via public roadways, and maintain service levels on
public roadways with a minimum of publicly financed roadway improvements.
The proposed development is an "in -fill" type of development that makes use of the land which is
currently being used for parking and some undeveloped land. It is also a mixed -use development that
includes a shared parking arrangement, and a coordinated access with the adjacent office building.
The Board finds this criterion to be met.
B. Multiple structures, multiple uses within structures, and multiple uses on a subject site may be
allowed, if the Development Review Board determines that the subject site has sufficient frontage, lot
size, and lot depth. Area requirements and frontage needs may be met by the consolidation of
contiguous lots under separate ownership. Construction of a new public street may serve as the
minimum frontage needs. Where multiple structures are proposed, maximum lot coverage shall be the
normal maximum for the applicable district.
The lot onto which this new building will be constructed does not have frontage on a public street but
will be served by a private right-of-way from Green Mountain Drive. The Public Works Director reviewed
this access at preliminary plat review and found it to be acceptable. No new public street is required.
C. Parking, Access, and Internal Circulation
(1) Parking requirements may be modified, depending in the extent of shared parking, the
presence of sidewalks or recreation paths, and residences lying within walking distance (defined
as no further than one -quarter (4) mile for purposes of commercial zoning districts). Any
requirements for shared access and/or parking must be secured by permanent legal agreements
acceptable to the City Attorney.
(2) Parking areas shall be designed for efficient internal circulation and the minimum number
of curb cuts onto the public roadway.
(3) Access improvements and curb cut consolidation may be required.
The existing private drive serving the existing office building will be shared with the new residential
building; a new spur drive leads to the new building. Parking would be both new and revised to be
shared between these lots and uses. The applicant has provided information calculating the legal
requirements for parking under the LDRs for both uses; a shared parking analysis showing a reduced
requirement based upon information from the Urban Land Institute
Required parking per LDRs: 147 spaces for 65 dwelling units + 170 spaces for 48,578 sq. ft. of office
space = 317 parking spaces
Shared parking analysis: indicates a maximum need for 282 parking spaces
At Preliminary Plat, as part of the PUD approval process, the Board approved the following:
A total of 118 spaces (64 garage spaces plus 54 surface spaces) for the multi -family building plus 125
spaces for the existing commercial building for a total of 243 spaces.
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The total proposed parking at Preliminary Plat was therefore 243 spaces for a shortage of 39 spaces
or 14%. The Board approved this waiver as 37 of the 65 units will be one -bedroom units and the
project is located near employment opportunities and the CCTA bus route on U.S. Route 7.
At Final Plat, the applicant requested the following:
A total of 118 spaces (64 garage spaces plus 54 surface spaces) for the multi -family residential
building plus 170 spaces for the existing general office building for a total of 288 spaces.
At Preliminary Plat, the design was assessed under PUD principles and the use of shared parking was
found to be innovative and the granting of a waiver was therefore justified. At Final Plat the Board
expressed concerns about the proposed expansion of the parking area to service the existing general
office building since proposed expansion of the parking area for the general office building defeated the
purpose of the original design approved at Preliminary Plat.
The Board and the applicant discuss ways that the original innovative parking concept approved at
Preliminary can be retained while addressing the desire of general office to increase their parking
spaces. The Board expressed its support for the new overall parking total of 288 spaces, given the
projected increase in employees at the office building, but the applicant was asked if it would be
possible to phase in the parking and only build what was needed. The applicant agreed to modify its
parking plans by having the area occupied by the twenty (20) spaces (two rows of 10 ) located
immediately to the west of the proposed residential building to remain as grassed area with the center
of that space still paved however to access the proposed trash and recycling building.
The Board hereby approves a shared parking total of 288 spaces for the PUD with the twenty (20) spaces
to the west of the apartment building to be covered with topsoil and grass seed after preparation of the
gravel base. The applicant may at any time pave over all or a portion of these spaces on an as -needed
basis after obtaining a zoning permit.
SITE PLAN REVIEW
14.06 General Review Standards
The following general criteria and standards shall be used by the Development Review Board in
reviewing applications for site plan approval. They are intended to provide a framework within which
the designer of the site development is free to exercise creativity, invention, and innovation while
improving the visual appearance of the City of South Burlington. The Development Review Board shall
not specify or favor any particular architectural style or design or assist in the design of any of the
buildings submitted for approval. The Development Review Board shall restrict itself to a reasonable,
professional review, and, except as otherwise provided in the following subsections, the applicant
shall retain full responsibility for design.
A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan.
The Board finds the applicant's proposal to be consistent with the goals, objectives and stated land use
policies in the Comprehensive Plan.
B. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from
structure to structure, and to provide for adequate planting, safe pedestrian movement, and
adequate parking areas.
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(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a
public street shall be considered a front side of a building for the purposes of this subsection.
This is a unique situation as the front lot line faces west and the overall property's public road
frontage is on a separate lot and facing north. The Board therefore finds this criterion to be met.
(3) Without restricting the permissible limits of the applicable zoning district, the height and
scale of each building shall be compatible with its site and existing or anticipated adjoining
buildings.
There are other similarly large and tall structures in the vicinity. The applicant is seeking a 12 ft.
height waiver from the 40 ft. height limit as noted on page 2. The Board finds this criterion to be
met.
(4) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansion shall, to the extent feasible, be underground.
The applicant has submitted plans detailing how they propose to meet this criterion. The
Department of Public Works has reviewed and accepted these plans. The Board finds that this
criterion is met.
C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common
materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing),
landscaping, buffers, screens and visual interruptions to create attractive transitions between
buildings of different architectural styles.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to
existing buildings and roads in the vicinity that have a visual relationship to the proposed
structures.
The applicant has submitted plans detailing how they propose to meet this criterion. The Board finds
this criterion to be met.
14.07 Specific Review Standards
A. Access to Abutting Properties. The reservation of land maybe required on any lot for provision
of access to abutting properties whenever such access is deemed necessary to reduce curb
cuts onto an arterial or collector street, to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
A new sidewalk is proposed along the northern perimeter of the parcel as well as extensions of and
connections to a nearby walking trail. As noted in the applicant's letter dated November 13, 2014, an
easement plan will be prepared prior to construction to note easements and reciprocal rights between
Lots 1 and 2.
This criterion is met. See discussion below in PUD section (A)(8) on pages 11-12.
B. Utility Services. Electric, telephone and other wire -served utility lines and service connections
shall be underground insofar as feasible and subject to state public utilities regulations. Any utility
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installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site.
Noted above. This criterion is met.
C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including
compliance with any recycling or other requirements, shall be accessible, secure and properly screened
with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles
intended for use by households or the public (i.e., non-dumpster, non -large drum) shall not be required
to be fenced or screened.
The applicant has provided detailed plans and elevations for a fully enclosed dumpster building. The
Board finds this criterion to be met.
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
The applicant has submitted a detailed landscaping plan and budget.
The City Arborist provided the following comments in an email to staff dated 6/23/15: "The final
landscape plan for 25 & 27 Green Mountain Dr. is acceptable."
The total construction cost for the building is $6,050,000. The minimum landscaping requirement is
calculated as follows:
Total Building Construction or
Building Improvement Cost
% of Total Construction/
Improvement Cost
Cost of proposed project
$0 - $250,000
3%
$7,500
Next $250,000
2%
$5,000
Additional over $500,000
1% (of $5,550,000)
$55,500
Minimum Landscaping $ >>
$68,000
At Preliminary Plat, there was a shortfall of approximately $34,000 in the value of landscaping proposed.
Note however, that that shortfall was based incorrectly on an assumption of $6,500,000 in building costs
not $6,050,000 which is the correct amount.
In addition at Preliminary Plat:
-the applicant noted that that they were retaining existing vegetation valued in excess of
$80,000 on the property. The Board discussed the request and stated that while it supported the
retention of the vegetation, given that it is a forested area to the rear of the property, the granting of a
credit would not be appropriate.
-The Board and applicant discussed overall project need. The Board agreed with the applicant
that the installation of additional landscaping beyond that proposed is not needed nor would
significantly benefit the project, especially given the large forested area on the property.
-The Board noted that the project area is, however, in need of a sidewalk extension along Green
Mountain Drive to the west of the project site. No sidewalk presently exists in that area. With this
project being the first residential development in the area, a demand for such a sidewalk is anticipated
in the future.
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-In lieu of installing additional landscaping beyond the $38,100 proposed so as to comply with
the minimum requirement, the Board and the applicant agreed that the applicant would receive a credit
of $34,400 and that same amount would be provided to the City towards design and construction of a
sidewalk along the south side Green Mountain Drive extending west beyond the boundaries of the
project parcel.
-In recognition of this $34,400 landscaping credit, the Board granted a credit for site improvements
equal to $34,400 from the required minimum landscaping budget of $72,500.
Based upon a corrected required landscaping budget of $68,000 and a new proposed landscaping
amount of $43,160, the recalculated shortfall amount is $24,840. Pursuant to Section 13.06 (G) (3) of
the LDRs, the Board herby grants a credit for site improvements that the applicant is funding in the
amount of $24,840. These site improvements consist of the financial payment to the City towards design
and construction of a sidewalk along the south side of Green Mountain Drive extending west beyond the
boundaries of the project parcel.
E. Modification of Standards. Where the limitations of a site may cause unusual hardship in
complying with any of the standards above and waiver therefrom will not endanger the public health,
safety or welfare, the Development Review Board may modify such standards as long as the general
objectives of Article 14 and the City's Comprehensive Plan are met. However, with the exception of
side yard setbacks in the Central District 1, in no case shall the DRB permit the location of a new
structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land
development creating a total site coverage exceeding the allowable limit for the applicable zoning
district in the case of new development, or increasing the coverage on sites where the pre-existing
condition exceeds the applicable limit.
As noted above, one modification requested is a height waiver of 12 feet.
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with
the following standards and conditions:
(A)(1)Suffcient water supply and wastewater disposal capacity is available to meet the needs of the
project.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public
utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the
proposed dwelling units.
According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or
developer shall connect to the public sewer system or provide a community wastewater system approved by
the City and the State in any subdivision where off -lot wastewater is proposed.
The applicant has obtained a Water Allocation from the Champlain Water District via letter dated April 6,
2015.
The applicant has obtained a preliminary Wastewater Allocation from the City of South Burlington dated
February 9, 2015.
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The Board finds these criteria to be met.
(A)(2)Sufficient grading and erosion controls will be utilized during and after construction to prevent soil
erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent
properties.
The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South
Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth
in Section 16.04 of the South Burlington Land Development Regulations.
Erosion control specifications and grading plans have been submitted with the application. The Board finds
this criterion to be met.
(A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
The applicant is proposing to use an existing curb cut and driveway. The applicant has submitted a
Traffic Impact Assessment prepared by Lamoureux & Dickinson dated November 6, 2014. The result for
the year 2022 (five years after the anticipated 2017 construction) show an incremental increase in traffic
between the build and no -build scenario with the overall Level of Service remaining at a "B."
The Department of Public Works found the Assessment acceptable at Preliminary Plat review.
The Board finds this criterion to be met.
The relevant portion of Section 15 of the LDRs is as follows:
(4) Connections to adjacent parcels. If the DRB finds that a roadway extension or connection to an
adjacent property may or could occur in the future, whether through City action or development of an
adjacent parcel, the DRB shall require the applicant to construct the connector roadway to the
property line or contribute to the cost of completing the roadway connection.
(a) In any such application, the DRB shall require sufficient right-of-way to be dedicated to
accommodate two (2) lanes of vehicle travel, City utilities, and a ten foot wide grade -separated
recreation path.
No roadway extensions or connections are anticipated.
(A)(4)The project's design respects and will provide suitable protection to wetlands, streams, wildlife
habitat as identified in the Open Space Strategy, and any unique natural features on the site.
Most of the project area is already cleared. Selective clearing of understory growth will occur near the
proposed common grill & picnic area. The project area will not intrude into the 50 ft. Surface Water
Protection Buffer for Bartlett Brook, as noted above in Section 14.07 D.
However, in light of the proposed increased in parking areas, additional shrub plantings along the sloped
hillside on the south side of the proposed building and to the south of the parking areas are proposed.
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In response to these concerns, the applicant submitted a revised Landscaping Plan and proposed various
revisions in an email to staff on July 1, 2015 and presented them as well at the hearing.
The Board finds the revised Landscaping Plan acceptable and finds that this criterion is met.
(A)(5)The project is designed to be visually compatible with the planned development patterns in the
area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is
located.
Pursuant to Section 5.05 COMMERCIAL 2 DISTRICT C2
A. Purpose. A Commercial 2 District is hereby formed in order to encourage general commercial
activity. In addition to uses permitted in the C1 District, large lot -retail uses, such as sale of motor
vehicles and building materials, may be permitted. A range of industrial uses as well as clustered
residential development may be permitted in locations that are mutually compatible with general
commercial activity. Development shall be subject to site plan review to coordinate traffic movements,
encourage mixed -use developments, to provide shared parking opportunities and to provide a
potential location for high -traffic generation commercial uses. Any uses not expressly permitted are
prohibited except those that are allowed as conditional uses.
The proposed project will create a new mixed use area in this portion of the District. This project is
consistent with the standards of the Commercial 2 District. The Board finds this criterion to have been met.
(A)(6)Open space areas on the site have been located in such a way as to maximize opportunities for
creating contiguous open spaces between adjoining parcels and/or stream buffer areas.
The project will not intrude into stream buffer areas nor create any impacts. A wooded area along the
eastern edge of the parcel (which abuts a wooded area on the adjacent parcel) will not be trimmed. The
Board finds this criterion to have been met.
(A)(7)The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that
adequate fire protection can be provided.
In an email to staff dated June 30, 2015, the Fire Department commented as follows:
Ray:
We have had the opportunity to meet with the client on this project at the TRC and have addressed
access and fire protection with them. We do not see any significant issues with the project at this time.
DC Terence Francis, CFI
Fire Marshal
The Board finds this criterion to be met.
(A)(8)Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have
been designed in a manner that is compatible with the extension of such services and infrastructure to
adjacent landowners.
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The presence of Bartlett Brook to the south and the UVM Horticultural Farms likely precludes extension of
such services. An existing sidewalk connecting to the Berman property to the north is proposed to remain.
The Board finds this criterion to have been met.
At Preliminary Plat, the Board directed and the applicant concurred that in lieu of a future street right-of-
way (ROW) connecting the adjacent property to the west (recently approved) to Green Mountain Drive,
that the applicant provide a pedestrian ROW through lot #2, which would then connect the property to the
west to Green Mountain Drive. The applicant has provided a draft "Pedestrian Path Easement Deed"
document.
Staff has discussed the possibility of adding a vehicular access easement over the sewer & pedestrian
easement which north -south along the property's westerly boundary with the applicant. This is not
currently shown on the plans submitted.
The Board finds that vehicular access easement over this same area is desirable to improve the extension of
services to adjacent landowners and hereby directs the applicant to revise its Plan and submitted legal
documents to also include a Vehicular Access Easement over the same area as described above.
(A)(9)Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent
with City utility and roadway plans and maintenance standards.
As noted above in (A) (3), the proposed sidewalk is a welcomed improvement. The plans submitted indicate
that this criterion has been met.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines
shall be underground. The plans submitted indicate that new utility lines will be underground.
(A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The Board finds the project to be consistent with the Comprehensive Plan.
12.03 Stormwater Management Overlay District (SMO)
This property is located within the Stormwater Management Overlay District, and as such, must comply
with relevant standards. The applicant has submitted a "Stormwater Management Narrative" prepared
by Lamoureux & Dickinson.
Comments from the Public Works Dept. submitted to staff via email on July 1, 2015 were as follows:
The Stormwater Section has reviewed the plans for the "25 & 27 Green Mountain Drive" prepared by
Lamoureux & Dickinson Consulting Engineers, LLC, dated 11/1/14 and last revised on 6/17/15. We
would like to offer the following comments:
1. This project is located in the Bartlett Brook watershed, which is listed as stormwater impaired by
the State of Vermont Department of Environmental Conservation (DEC). Also, the property is already
subject to a State of Vermont stormwater discharge permit (3017-9010.11). Since the project proposes
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to expand upon the existing impervious area the existing State permit must be revised before
construction begins.
2. The project proposes to disturb greater than 1 acre of land. It will therefore require a stormwater
construction permit from the Vermont DEC Stormwater Division. The applicant should acquire this
permit before starting construction.
3. The DRB should include a condition requiring the applicant to maintain all stormwater treatment and
conveyance infrastructure.
4. The DRB should include a condition requiring the applicant to provide record drawings per the
requirements of section 12.03F.
Thanks for the opportunity to comment,
Dave
The Board finds that the applicant shall comply with the comments of the Department of Public Works.
SITE AMENITIES
In response to concerns expressed by staff and the Board over the need for the PUD to express
innovative design and to provide outdoor amenities for tenants, the applicant's revised plans submitted
on July 1, 2015 included various changes. These included:
"A concrete pad with common grill and tables will be provided at the southeast corner of the building.
There will be a building exit (connected to the first floor lobby) to a stone chip path running down the
slope to the common space. As noted on the plan, there will be selective removal of understory growth
beyond the tree clearing limits, expanding the useable space behind the building under the tree canopy.
Garden space will be provided at the northeast corner of the building. The western exposure of this
location will provide the most sun exposure, given the proposed building location and adjacent mature
trees. A hose bib will be provided on the north end of the building for watering. Additional topsoil and
soil amendments will be provided initially to insure suitable conditions for gardening.
Benches will be also be provided adjacent to the garden and along the trail loop in the woods for both
the residents and office employees use. The trail loop is a popular lunchtime route for the office
employees. "
The connectivity of existing trail loops is also proposed to be maintained.
Delineation of common / private space behind building
"The elevation of the porches and windows, as well as the proposed grading on the east side of the
building create separation between the common space and private space of each dwelling. The
elevation of the first floor is 226.0'. The finish grade adjacent to the building will be elevation 224.0' —
224.5'. The finish grade to the east slopes down at about a 13% grade to elevation 220'. Therefore, the
elevation of the porches will be 6' higher than the adjacent common area, and the bottom of the
windows will be about 10' higher than the common area. Additional trees near the toe of the slope
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adjacent to the building have also been proposed to supplement the vertical difference to delineate the
separation between the living space and common area."
The Board finds these amenities to be an innovative element of the PUD.
OTHER
Since this project is a PUD a "Notice of Conditions" legal document should be recorded in the land
records that indicates that for the purposes of the LDRs, both lots are to be treated as one (1) lot.
DECISION
Motion by Bill Miller, seconded by David Parsons, to approve final plat application #SD-15-18 of Snyder
Construction Company, subject to the following conditions:
1. All previous approvals and stipulations which are not changed by this decision shall remain in
full effect.
2. This project shall be completed as shown on the plat submitted by the applicant, and on file in
the South Burlington Department of Planning and Zoning.
3. The plans shall be revised to show the changes below and shall require approval of the South
Burlington Administrative Officer. Three (3) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to recording the final plat plans.
a. The plan shall be revised to indicate that the twenty (20) spaces to the west of the
residential building are to be covered with topsoil and grass seed after preparation of
the gravel base.
b. The plans shall be revised to include a Vehicular Access Easement in the same location
as the 30 ft. wide Pedestrian Path Easement through lot #2 (in the location of the 30 ft.
wide utility easement along the parcel's southern and western boundaries), which
would then connect the property to the west to Green Mountain Drive.
4. The Board hereby grants a height waiver of 12 ft. for a maximum height approved of 52 ft.
5. The Board hereby approves a shared parking total of 288 spaces for the PUD with the twenty
(20) spaces to the west of the residential building to be covered with topsoil and grass seed
after preparation of the gravel base. The applicant may construct any number of these 20
spaces at any time by obtaining a zoning permit. A Certificate of Occupancy is then required
prior to the use of the spaces constructed.
6. The Board hereby grants a credit of $24,840 to the required minimum landscaping budget of
$68,000.
7. Prior to zoning permit issuance for construction of the building, the applicant shall post a
landscaping bond in the amount of $43,160. This bond shall remain in full effect for three (3)
years to assure that the landscaping has taken root and has a good chance of survival.
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The applicant shall contribute $24,840 (in lieu of planting this amount in the form of
landscaping) to the City of South Burlington towards the design and construction of a sidewalk
along the south side of Green Mountain Drive beyond the boundary of the subject parcel prior
to the issuance of a zoning permit to construct the building.
9. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of
the South Burlington Land Development Regulations. In addition, the grading plan should meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The
South Burlington Stormwater Superintendent may visit the site as construction progresses to
ensure compliance with this criterion.
10. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications should be underground.
11. All exterior lighting shall consist of downcasting, shielded fixtures. Prior to the issuance of a
zoning permit, the applicant shall provide the Administrative Officer cut -sheets of any new
exterior light fixtures, if different from the ones approved.
12. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the
Land Development Regulations or this approval is null and void.
13. The applicant shall adhere to the comments of the Department of Public Works outlined in the
Department's email of July 1, 2015 cited above.
14. Per section 12.03.F(1) of the City's Land Development Regulations, upon completion of the
infrastructure, the applicant shall submit record drawings showing pipe invert elevations,
drainage structure rim elevation, pipe material, final grading, etc.
15. The applicant shall be responsible to regularly maintain all stormwater treatment and
conveyance structures on -site.
16. Prior to recording the final plat plans, all appropriate legal documents including the pedestrian
and vehicular easements shall be submitted to the City Attorney for approval and recorded in
the South Burlington Land Records.
17. Pursuant to Section 15.17 of the Land Development Regulations, the applicant shall submit a
Certificate of Title showing the ownership of all property and easements to be dedicated or
acquired by the City to be approved by the City Attorney prior to recording the mylars.
18. For purposes of the LDRs both lots included in this subdivision shall be considered one lot. The
applicant shall record a "Notice of Condition" to this effect which has been approved by the City
Attorney prior to recording the final plat plan.
19. Prior to issuance of a zoning permit, the applicant shall submit to the Administrative Officer a final
set of project plans as approved in digital (PDF) format.
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20. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the
occupancy of the new building.
21. The mylar shall be recorded prior to any zoning permit issuance.
22. Any changes to the final plat plan shall require approval of the South Burlington Development
Review Board.
23. The final plat plan (survey plat & sheet 1) shall be recorded in the land records within 180 days
or this approval is null and void. The plans shall be signed by the Board Chair or Clerk prior to
recording. Prior to recording the final plat plans, the applicant shall submit a copy of the survey
plat in digital format. The format of the digital information shall require approval of the South
Burlington GIS Coordinator.
Tim Barritt
Yea
Nay
Abstain
Not Present
Mark Behr
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 5— 0 — 0.
it
Signed this day of �)� 2015, by
Tim Barritt, Chair
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental
Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South
Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See
V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vermontiudiciary.org/GTC/environmental/default.aspx for more information on filing
requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.
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