HomeMy WebLinkAboutMP-13-01 - Decision - 1075 Hinesburg Road#MP-13-01
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
RYE ASSOCIATES LLC-1075 HINESBURG ROAD
MASTER PLAN #MP-13-01
Meeting dates: December 17, 2013 and January 21, 2014
FINDINGS OF FACT AND DECISION
Applicant Rye Associates LLC, c/o Dousevicz Construction of Essex Junction, VT, is seeking Master Plan
approval for a Planned Unit Development consisting of 36 single family dwellings; four (4) 4-unit multi-
family dwellings; and four commercial buildings totaling 20,000 sq ft. on an 18.01 acre parcel, 1075
Hinesburg Road
The Development Review Board held a public hearing on December 17, 2013 and January 21, 2014.
Engineer David Marshall represented the applicant.
Based on the plans and materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
The applicant seeks to subdivide an 18.01 acre parcel at 1075 Hinesburg Road into 30 lots for
development of: 36 single family dwellings; four 4-unit multi -family dwellings; and four commercial
buildings totaling 20,000 sq. ft.
2. The owner of record of the subject property is Rye Associates, Inc.
3. The subject property is located in the SEQ-NR and SEQ-VC zoning districts.
4. The application was received on June 21, 2013.
5. The plans submitted consist of a four (4) page set of plans; page one entitled "Rye Meadow Planned
Unit Development 1075 Hinesburg Rd. South Burlington Vermont", prepared by Civil Engineering
Associates, Inc., dated 1-14-13, last revised on 5-23-13. The pages are labelled MP1, MP2, MP3, and
M P4.
6. Master plan approval is required under Section 15.07(B) (1) of the LDRs, as the application involves
more than ten (10) dwelling units in the Southeast Quadrant.
7. The master plan application was submitted and heard concurrently with preliminary plat application
#SD-13-22, but as required under Section 15.07(C) (2) of the LDRs, the Board must issue this master
plan decision separately.
MASTER PLAN STANDARDS
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Below are the full review criteria for projects in the SEQ NR and SEQ VR Subdistricts. Findings are made
for the Master Plan level of review only.
Master Plan Review and Approval
15.07(B) Master Plan Optional or Required. As part of the PUD and/or subdivision review process, any
applicant for land development involving ten (10) or more contiguous acres may submit an application
for Master Plan. Master plan review also shall be required as a step in the PUD or subdivision review
process in the following cases:
(1) Development of more than ten (10) dwelling units in the Southeast Quadrant
Master plan review is required for this project, as more than ten dwelling units are proposed.
15.07(D) Approval and Amendment of Master Plan.
(2) In its approval of a Master Plan, the ORB shall specify the level of review and process required
for subsequent applications pursuant to the approved Master Plan provided such procedure is
consistent with the intent of these Regulations. The ORB may, for example, specify that final site
plan only shall be required for specified portions of a project subject to a master plan, or that a
section of a PUD shall be able to be amended with a final plat amendment action.
(3) Any application for amendment of the master plan, preliminary site plan or preliminary plat
that deviates from the master plan in any one or more of the following respects, shall be
considered a new application for the property and shall require sketch plan review as well as
approval of an amended master plan:
See below on this decision for a full review of each of items below. The applicant's requests are
listed within the following criteria:
(a) An increase in the total FAR or number of residential dwelling units for the property
subject to the master plan;
The applicant is seeking approval for 52 residential units and 20,000 square feet of non-
residential development.
(b) An increase in the total site coverage of the property subject to the master plan;
The applicant is seeking a maximum total site coverage of 30%
(c) A change in the location, layout, capacity or number of collector roadways on the property
subject to the master plan;
The applicant is seeking location, layout, capacity, and number of collector roadways as
depicted on the Master Plan. For the purposes of this application, collector roadways shall
consist of: "Swift Street Extension" (east -west roadway at north end of PUD) and eastern leg of
"Rye Circle" (north -south roadway from Swift Street Extension to the connector to Fox Run
Lane).
(d) Land development proposed in any area previously identified as permanent open space in
the approved master plan application; and/or
The applicant is seeking areas identified as permanent open space as depicted on the Master
Plan (as revised, see below). For the purposes of this Master Plan, this shall consist of the 2.54
acre park/open space and the 0.80 detention basin.
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(e) A change that will result in an increase in the number of PM peak hour vehicle trip ends
projected for total buildout of the property subject to the master plan.
The applicant is seeking maximum PM peak hour vehicle trip ends of 107.
(5) The DRB may in its findings of fact on the master plan, or its approval of a site plan or
preliminary plat pursuant thereto, specify certain minor land development activities (such as but
not limited to the addition of decks or porches to dwelling units) that will not require DRB action,
and may be undertaken pursuant to issuance of a Zoning Permit.
(6) The City shall in its approvals maintain a record of such criteria as are applicable to the project
such as residential density, FAR, total site coverage, required off-street parking, sewer capacity,
and the location and status of public amenities.
See the conditions below.
DIMENSIONAL STANDARDS
SEQ Zoning district 11
Required
Proposed - MP
Min. Lot Size
12,000 SF
Subsequent Review
Max. Building Coverage
15%
15%(1)
Max. Overall Coverage
30%
30%(1)
Min. Front Setback
20 ft.
Subsequent Review
Min. Side Setback
10 ft.
Subsequent Review
Min. Rear Setback
30 ft.
Subsequent Review
(1) The applicant is seeking approval at the Master Plan level for the maximum building and lot
coverages to be for the entire PUD and not any individual lot. The Board finds this to be
acceptable.
WAIVERS REQUESTED AT MASTER PLAN
The applicant has requested a series of waivers as part of the combined Master Plan and Preliminary
Plat Review. These are detailed in a document entitled "Rye Associates Preliminary Plan submittal
January 14, 2014 Request for Waivers."
The Board finds the following waiver requests to be applicable to the Master Plan level of review. The
remaining requests will be considered at subsequent levels of review (applicant's description in italics).
The Board's review of each waiver is discussed within the relevant section of the Findings.
• Section 3.06(1) Buffer Strip for Non -Residential Uses Adjacent to Residential District
Boundaries.
A modification of the requirement that the required side or rear setback shall be increased to
sixty-five (65) feet. In this case the applicant seeks a waiver indicating that the front yard
setback shall be reduced to 20 feet when a street with a rights -of -way width of at least 50' is
proposed between the residential use and the proposed commercial use. The side and rear lot
setbacks shall otherwise be consistent with the SEQ-VC District requirements.
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• Section 9.07 (Table 9-2)
The request is to waive the following requirements: Minimum radius of curves for Local streets
from 200' to 50'
• Appendix C Table C-2 Dimensional Standards -The following waivers are requested to allow
greater interaction between the proposed buildings in support of enhancing the fabric of the
neighborhood.
J. PUD Lot Coverage to Exclude City Recreation Paths.
• Section 9.09(A)(2): SEQ-VR Sub -District; Specific Standards & Dimensional Standards;
Interconnection of Streets; (a) Average spacing between intersections shall be 300 to 400 feet.
Applicant seeks waiver to reflect minimization of street intersections on future collector road
(Swift Street Extension).
• Section 9.10 (A)(1)SEQ-VC Sub -District; Specific Regulations; Development blocks.
Development block lengths should range between 200 and 300 linear feet; see Figure 9-2 for
example. Blocks 300 feet or longer must include mid -block public sidewalk or recreation path
connections.
The applicant seeks a waiver from the absolute values to reflect the commercial use on the east
side where the curb cuts to Hinesburg Road are to be minimized, to the south where the pre-
existing development pattern precludes the inclusion of additional intersections, and to the north
where again, curb cuts onto future collector streets are to be minimized. The west side proposes
the inclusion of a "mid" block pedestrian connector.
• Section 9.10 (A)(2) SEQ-VC Sub -District; Specific Regulations; Interconnection of Streets; (a)
Average intersection spacing shall be 200 to 300 feet.
The applicant is not proposing any new streets within the Village Commercial District.
Section 9.10 (D) SEQ-VC Sub -District; Specific Regulations; D. Design Standards for Non -
Residential Land Uses in the SEQ-VC Sub -District; (3) Building Setbacks. New buildings with
commercial uses must be built to a 'build -to line' established no less than fifteen feet (15') and
no more than twenty feet (20') from the edge of the curb. The area between the building and
the curb shall provide for convenient pedestrian access via sidewalk or recreation path; see
Section 9.10(C)(1) above. Parking is prohibited between the building and the sidewalk.
As the Development Review Board expressed its' desire to orient the commercial buildings with
the interior of the PUD and not Hinesburg Road, the applicant seeks a waiver for all of the
commercial lots as this will conflict with the requirements of section 9.11(B)(2).
Section 9.11 (A) Supplemental Standards for Arterial and Collector Streets; Setbacks.
The minimum front setbacks from Dorset Street, Old Cross Road, Nowland Farm Road,
Hinesburg Road, Swift Street, Swift Street Extension, and Old Cross Road Extension, shall be as
set forth in Section 3.06(B) (1) and (2) of these Regulations (see below).
a.(1) New developments with frontage on Dorset Street, Old Cross Road/Nowland Farm
Road, or Swift Street, or which have the potential to include frontage along Swift
Street Extension or Old Cross Road Extension, shall maintain a setback of twenty feet
(20') from the edge of the planned right-of-way.
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No issue, this is acceptable.
b. (2) Supplemental Standards for Arterial and Collector Streets; Setbacks. New
developments with frontage on Hinesburg Road shall maintain a setback of forty feet
(40') from the edge of the planned right-of-way.
The applicant seeks a waiver from 40 feet to 23 feet to enable the comprehensive
planning and interconnection of the parking infrastructure serving the commercial
buildings in the narrow VC district area.
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) Sufficient 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.
Utility plans will be submitted as part of subsequent levels of review.
(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.
Grading and drainage plans are submitted as part of subsequent levels of review.
(A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
The master plan shows access points and roadways that satisfy this criterion.
Access is proposed via a public street connection to Hinesburg Road as well as to the existing public road
of Fox Run Lane. The applicant has submitted a traffic study for this project which indicates a maximum
estimated of 107 pm peak hour trips.
At the Master Plan level, the Board finds the basic circulation and pm peak hour trips to be acceptable.
(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.
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The Master Plan identifies a small wetland area to be impacted by a future right of way and includes
parcel lines near to the buffer area for two other wetlands. These will be reviewed in detail in
subsequent levels of review. For the purposes of the Master Plan, the Board finds this standard to be
met.
Conditions attached to this approval and any subsequent approvals will provide suitable protection:
1. There shall be no use of herbicides or pesticides, nor non -organic fertilizers, within the wetlands
or associated 25 foot buffers. This shall be reflected in the association documents which shall be
reviewed by the City Attorney prior to issuance of a zoning permit for the first building on the
property.
2. There shall be no mowing within 25 feet of the wetlands on the property. Brush -hogging shall be
allowed no more than three (3) times per year. This shall be reflected in the association
documents which shall be reviewed by the City Attorney prior to issuance of a zoning permit for
the first building on the property.
Pursuant to Section15.18 (B) (6) of the Land Development Regulations, the applicant shall submit a plan
for the management and maintenance of the common lands and dedicated open spaces created. The
management and maintenance plans shall be submitted to and approved by the Board prior as part of
preliminary and final plat approval.
(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 9.01 of the Land Development Regulations, the Southeast Quadrant District (SEQ) is
hereby formed in order to encourage open space preservation, scenic view and natural resource
protection, wildlife habitat preservation, continued agricultural use, and well as planned residential use
in the largely undeveloped area of the City known as the Southeast Quadrant. The open character and
scenic views offered in this area have long been recognized as very special and unique resources in the
City and worthy of protection. The location and clustering of buildings and lots in a manner that in the
judgment of the Development Review Board will best preserve the open space character of this area shall
be encouraged.
The Board finds that at the level of review of the Master Plan, this criterion has been met through
identification of areas for development, open spaces, and circulation. The Board will review subsequent
plans (preliminary and final plat) for compliance with this criterion for proposed lots, structures, and
additional elements.
(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 Board finds this criterion has been met for the Master Plan. See additional detail under SEQ standards.
(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.
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The South Burlington Fire Chief shall review the plans on an ongoing basis throughout preliminary and final
plat review.
(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.
(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.
At the level of review of the Master Plan, all of the proposed infrastructure and services proposed for this
project have been designed in this manner.
The applicant has sought a waiver from minimum radius of curves for local streets. Following review by the
Director of Public Works, the Board finds the request acceptable.
The applicant has sought a waiver for PUD overall lot coverage to exclude recreation paths to be dedicated
to the City. The Board finds the request acceptable.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The Board finds the Master Plan to be consistent with the South Burlington Comprehensive Plan.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall
require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes
the following general review standards for all site plan applications:
(A) Relationship of the Proposed Development to the City of South Burlington Comprehensive Plan.
The Board finds the master plan consistent with the South Burlington Comprehensive Plan.
(B)(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.
At the Master Plan level, the Board finds that this project can allow for provide a desirable transition from
structure to site and from structure to structure, as well as adequate planting and safe pedestrian
movement. These standards shall be evaluated with more specific level of review for each of the multi-
family buildings as part of a separate application for site plan review.
(B)(2) Parking
This criterion will be evaluated at subsequent levels of review for the project.
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(B)(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 adjoining buildings.
This criterion will be evaluated at subsequent levels of review for the project.
(B)(4) Newly installed utility services and service modifications necessitated by exterior alterations or
building expansions shall, to the extent feasible, be underground.
This criterion will be evaluated at subsequent levels of review for the project.
(C)(1) The DRB shall encourage the use of a combination of common materials and architectural
characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions
between buildings of different architectural styles.
At the Master Plan level, the Board finds that this project can comply with this criterion. The Board will
review subsequent levels of the application for consistency with this criterion.
(C)(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.
At the Master Plan level, the Board finds that this project can comply with this criterion. The Board will
review subsequent levels of the application for consistency with this criterion.
n aoolications shall meet the followine specific standards as set forth in Section 14.07 of the South
Burlington Land Development Regulations:
(A) The reservation of land may be required on any lot for provision of access to abutting properties
whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to
provide additional access for emergency or other purposes, or to improve general access and circulation in
the area.
The Master Plan application includes provision of a roadway connection to the property to the west, a
roadway connection to Fox Run Lane to the south, and a roadway connection to Hinesburg Road.
The Board finds the proposed provision of access to abutting properties to be acceptable at the Master Plan
level. The Board will review subsequent levels of the application for consistency with this criterion.
(B) Electric, telephone and other wire -served utility lines and service connections shall be underground.
Any utility installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site.
This criterion will be evaluated at subsequent levels of review for the project.
(C) 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).
This criterion will be evaluated at subsequent levels of review for the project.
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(D) Landscaping and Screening Requirements
Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening
shall be required for all uses subject to planned unit development review. The minimum landscape
requirement for this project is determined by Table 13-9 of the South Burlington Land Development
Regulations.
This criterion will be evaluated at subsequent levels of review for the project.
E911 Addresses
The applicant shall submit E911 addresses for the proposed project, in conformance with the E911
addressing standards, with the final plat application.
Southeast Quadrant District
This proposed subdivision is located in the southeast quadrant district. Therefore it is subject to the
provisions of Section 9 of the SBLDR.
9.06 Dimensional and Design Requirements Applicable to All Sub -Districts
The following standards shall apply to development and improvements within the entire SEQ:
A. Height.
(1) The maximum height of any occupied structure in the SEQ-NRP, SEQ-NRT, or SEQ-NR sub -district
shall not exceed forty-five feet (45'); the waiver provisions of Section 3.07(E) shall not apply to
occupied structures in these sub -districts.
(2) The maximum height of any occupied structure in the SEQ-VR or SEQ-VC sub -district shall not
exceed fifty feet (50'); the waiver provisions of Section 3.07(E) shall not apply to occupied structures
in these sub -districts.
Standards from Table C-2, Dimensional Standards Applicable in All District also apply.
This criterion will be evaluated at subsequent levels of review for the project.
B. Open Space and Resource Protection.
(1) Open space areas on the site shall be located in such a way as to maximize opportunities for
creating usable, contiguous open spaces between adjoining parcels
The applicant proposes a 2.54 acre park / open space to be dedicated to the City. It is centrally located and
provides access to residents within the proposed project and to adjacent neighborhoods. Recreation path
easements, further, are provided to ensure ease of access from adjoining parcels. See additional detail
below.
The proposed Master Plan sheets (dated 5-23-13) and proposed preliminary plat application sheets (dated
1-24-14) differ with respect to the configuration and size of the park / open space area, and therefore the
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development area. The applicant has requested that the Board use the acreage / configuration shown the
preliminary plat.
The applicant shall revise the Master Plan to reflect the development areas and open spaces indicated on
the preliminary plat dated 1-24-14.
The Board finds that for the Master Plan level of review, the criterion has been met.
(2) Building lots, streets and other structures shall be located in a manner consistent with the
Regulating Plan for the applicable sub -district allowing carefully planned development at the average
densities provided in this bylaw.
The Board finds that for the Master Plan level of review, the criterion has been met. The average density
remains below that which is permitted in the sub -district, and the location of development areas are
consistent with the standards. The requested waiver from the block length is discussed below.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be
established by the applicant.
See above under Planned Unit Development Standards.
Legal documents shall be worked out prior to final plat approval and recorded prior to issuance of a
zoning permit.
The Board finds that for the Master Plan level of review, this criterion has been met.
(4) Sufficient grading and erosion controls shall be employed during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on
the subject property and adjacent properties. In making this finding, the Development Review Board
may rely on evidence that the project will be covered under the General Permit for Construction issued
by the Vermont Department of Environmental Conservation.
This criterion will be evaluated at subsequent levels of review for the project.
(5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or
primary or natural community areas and buffers in a manner that is aesthetically compatible with the
surrounding landscape. Chain link fencing other than for agricultural purposes shall be prohibited
within PUDs; the use of split rail or other fencing made of natural materials is encouraged.
This criterion will be evaluated at subsequent levels of review for the project.
C. Agriculture. The conservation of existing agricultural production values is encouraged through
development planning that supports agricultural uses (including but not limited to development plans
that create contiguous areas of agricultural use), provides buffer areas between existing agricultural
operations and new development, roads, and infrastructure, or creates new opportunities for
agricultural use (on any soil group) such as but not limited to community -supported agriculture.
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As noted above, the Master Plan proposes a central park / open space to be dedicated to the city. This
may include some opportunities for small scale agriculture such as community gardens. In addition, the
total number of housing units proposed for the project would require the use of Transferable
Development Rights, the use of which would conserve open spaces elsewhere in the Southeast
Quadrant.
D. Public Services and Facilities. In the absence of a specific finding by the Development Review Board
that an alternative location and/or provision is approved for a specific development, the location of
buildings, lots, streets and utilities shall conform with the location of planned public facilities as
depicted on the Official Map, including but not limited to recreation paths, streets, park land, schools,
and sewer and water facilities.
(2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting shall be
designed in a manner that is compatible with the extension of such services and infrastructure to
adjacent properties.
(3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is consistent
with City utility plans and maintenance standards, absent a specific agreement with the applicant
related to maintenance that has been approved by the City Council.
(4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire protection
can be provided, with the standards for evaluation including, but not limited to, minimum distance
between structures, street width, vehicular access from two directions where possible, looping of
water lines, water flow and pressure, and number and location of hydrants.
E. Circulation. The project shall incorporate access, circulation and traffic management strategies
sufficient to prevent unsafe conditions on adjacent roads and sufficient to create connectivity for
pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles between
neighborhoods. In making this finding the Development Review Board may rely on the findings of a
traffic study submitted by the applicant, and the findings of any technical review by City staff or
consultants.
(1) Roads shall be designed in a manner that is compatible with the extension of such services and
infrastructure to adjacent properties.
(2) Roads shall be designed in a manner that is consistent with City roadway plans and maintenance
standards, absent a specific agreement with the applicant related to maintenance that has been
approved by the City Council.
(3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and
neighborhoods shall apply.
The Master Plan indicates the use of "Swift Street Extension" and the eastern leg of the north -south
street as depicted on the Official Map. The applicant shall provide specific designs for this and other
proposed roadways at subsequent levels of review.
With respect to recreation paths, under the combined Master Plan / Preliminary Plat review, the proposed
Master Plan sheets (dated 5-23-13) and proposed Preliminary Plat sheets (dated 1-24-14) differ. Both
indicate a recreation path right-of-way to the property to the east, but the Preliminary Plat does not include
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the recreation path right-of-way to Hinesburg Road. The applicant has requested that the Board use the
acreage / configuration shown the preliminary plat.
The Master Plan proposes a road network to serve the proposed development and connect to adjacent
neighborhoods.
For the purposes of the Master Plan, the Board finds that these criteria have been met. The applicant
shall further demonstrate compliance with this criterion at subsequent levels of review for the project.
The applicant shall revise the Master Plan to reflect the recreation path rights -of -way indicated on the
preliminary plat dated 1-24-14.
D. Parks Design and Development.
(1) General standards. The SEQ has an existing large community park, the Dorset Street Park
Complex. Parks in the SEQ may be programmed as neighborhood parks or mini -parks as defined in
the Comprehensive Plan. Mini parks in the SEQ should be a minimum of 10,000 square feet, with
programming approved by the South Burlington Recreation Department. Such parks are to be
located through the neighborhoods in order to provide a car free destination for children and
adults alike, and to enhance each neighborhood's quality of life. They shall be knitted into the
neighborhood fabric as a focal point in the neighborhood, to add vitality and allow for greater
surveillance by surrounding homes, local streets and visitors. Each park should be accessible by
vehicle, foot, and bicycle and there should be a park within a quarter -mile of every home.
(2) Specific Standards. The following park development guidelines are applicable in the SEQ-
NRT, SEQ-NR, SEQ-VR, and SEQ-VC districts:
(a) Distribution and Amount of Parks:
(i) A range of parks and open space should be distributed through the SEQ to meet a
variety of needs including children's play, passive enjoyment of the outdoors, and active
recreation.
(ii) Parks should serve as the focus for neighborhoods and be located at the heart of
residential areas, served by public streets and fronted by development.
(iii) Parks should be provided at a rate of 7.5 acres of developed parkland per 1,000
population per the South Burlington Capital Budget and Program.
(iv) A neighborhood or mini park of 10,000 square feet or more should be provided
within a one -quarter mile walk of every home not so served by an existing City park or
other publicly -owned developed recreation area.
(b) Dedication of Parks and Open Space: Parks and protected open space must be
approved by City Council for public ownership or management, or maintained permanently by
a homeowners' association in a form acceptable to the City Attorney.
(c) Design Guidelines
(i) Parks should be fronted by homes and/or retail development in order to make
them sociable, safe and attractive places.
(ii) Parks should be located along prominent pedestrian and bicycle connections.
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(iii) To the extent feasible, single -loaded roads should be utilized adjacent to natural
open spaces to define a clear transition between the private and public realm, and to
reinforce dedicated open space as a natural resource and not extended yard areas.
According to the latest set of plans submitted as part of the preliminary plat, dated 1/24/13, the
applicant is proposing 2.54 acres of open space/parkland. See note above under Open Space.
Some of this is wetland and buffer area, and some is usable land. The land area provided exceeds the
minimum requirements in the SEQ. The location of the open space/park allows for connections to
recreation paths and sidewalks and is located adjacent to wetland areas. The applicant shall
demonstrate compliance with providing clear transitions at subsequent levels of review
The Board finds this criteria to be satisfied for purpose of Master Plan approval.
9.08 SEQ-NR &NRT Sub -District; Specific Standards
The SEQ-NR and SEQ-NRT sub -district has additional dimensional and design requirements, as
enumerated in this Section.
A. Street, Block and Lot Pattern
(1) Development blocks. Development block lengths should range between 300 and 500 linear feet;
see Figure 9-2 for example. If longer block lengths are unavoidable blocks 500 feet or longer must
include mid -block public sidewalk or recreation path connections.
The applicant proposes a block length of approximately 520 feet on the two principal north -south roads.
The eastern roadway includes approximately 180 feet of park/open space frontage to be dedicated to
the city, while the western roadway includes a mid -block recreation path right -of way crossing.
The applicant also proposes a block length of approximately 600 feet on Swift Street extension,
approximately 180 feet of park/open space frontage to be dedicated to the city.
The Board finds these criteria to be met for the Master Plan and finds the requests for waivers
acceptable.
(2) Interconnection of Streets
(a) Average spacing between intersections shall be 300 to 500 feet.
(b) Dead end streets (e.g. culs de sac) are strongly discouraged. Dead end streets shall not
exceed 200 feet in length.
(c) Street stubs are required at the end of dead end streets to allow for future street
connections and/or bicycle and pedestrian connections to open space and future housing on
adjoining parcels per section 15.12(D)(4).
See above under block lengths. A street stub is proposed at the western end of Swift Street Extension as
depicted on the Official Map.
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(3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line and
connected to adjacent parcels per section 15.12(D)(4) of these Regulations. Posting signs with a notice
of intent to construct future streets is strongly encouraged.
This criterion will be evaluated at subsequent levels of review for the project.
(4) Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5
recommended.
The Board finds that the Master Plan allows for compliance with this standard for single family homes
on individual lots.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the NR sub-
district are intended to be low -speed streets for local use that discourage through movement and are
safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall be as set forth
in Tables 9-1 and 9-2, and Figures 9-4 and 9-5 of the SBLDR.
(2) Sidewalks. Sidewalks must be a minimum of five feet (5') in width with an additional minimum
five-foot planting strip (greenspace) separating the sidewalk from the street. Sidewalks are required
on one side of the street, and must be connected in a pattern that promotes walkability throughout
the development. The DRB may in its discretion require supplemental sidewalk segments to achieve
this purpose.
(3) Street Trees; see Section 9.08(B)(3)
Street trees are required along all streets in a planting strip a minimum of five feet wide. Street tress
shall be large, deciduous shade trees with species satisfactory to the City Arborist. Street trees to be
planted must have a minimum caliper size of 2.5 to 3 inches DBH, and shall be planted no greater than
thirty feet (30') on center.
This criterion will be evaluated at subsequent levels of review for the project.
(4) On -street parking; see Section 9.08(B)(4).
On street parking is appropriate in a small neighborhood. The roadway right-of-way is of sufficient width
and well -planned to accommodate such. The applicant shall demonstrate compliance with this criterion at
subsequent levels of review for the project.
(5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and to
slow traffic; see Figure 9-6 and Section 9.08(B)(5).
The Director of Public Works and Fire Chief shall more specifically comment on this issue. The applicant
shall demonstrate compliance with this criterion at subsequent levels of review for the project.
(6) Street and sidewalk lighting. Pedestrian -scaled light fixtures (e.g., 12' to 14') shall be provided
sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels
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should be consistent with the lower -intensity development patterns and character of the SEQ, with
lower, smoother levels of illumination (rather than hot -spots) and trespass minimized to the lowest
level consistent with public safety.
This criterion will be evaluated at subsequent levels of review for the project.
C. Residential Design
(1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for single
family and multi family buildings must face the street. Secondary building entries may open onto
garages and/or parking areas. (Special design guidelines apply to arterial streets).
(2) Building Facades. Building facades are encouraged to employ a theme and variation approach.
Buildings should include common elements to appear unified, but facades should be varied from one
building to the next to avoid monotony. Front porches, stoops, and balconies that create semi -private
space and are oriented to the street are encouraged.
(3) Front Building Setbacks. In pedestrian districts, a close relationship between the building and the
street is critical to the ambiance of the street environment. Buildings should be set back twenty-five
feet (25') from the back of sidewalk.
(4) Porches, stoops, and balconies may project up to eight feet (8') into the front setbacks. Porch,
stoop and balcony areas within the front setback shall not be enclosed or weatherized with glazing or
other solid materials.
(5) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. The front building line of
the garage must be set behind the front building line of the house by a minimum of eight feet.
(6) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and
affordability is encouraged within neighborhoods and developments. These should be mixed within
blocks, along the street and within neighborhoods rather than compartmentalized into sections of
near -identical units.
The criteria above will be evaluated at subsequent levels of review for the project.
9.10 SEQ-VC Sub -District; Specific Regulations
The SEQ-VC sub -district has additional dimensional and design requirements, as enumerated below:
A. Street, block and lot pattern.
(1) Development blocks. Development block lengths should range between 200 and 300
linear feet; see Figure 9-2 for example. Blocks 300 feet or longer must include mid -block public
sidewalk or recreation path connections.
(2) Interconnection of Streets
(a) Average intersection spacing shall be 200 to 300 feet.
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(b) Dead end streets (e.g. cul de sacs) are discouraged. Dead end streets shall not exceed
200 feet in length.
(c) Street stubs are required at dead end streets to allow for future street connections
and/or bicycle and pedestrian connections to open space and future housing on adjoining
parcels per Section 15.12(D)(4).
(3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the
property line per Section 15.12(D)(4) of these Regulations to allow connection to adjacent parcels.
Posting signs with a notice of intent to construct future streets is strongly encouraged.
(4) Lot ratios. Lots for new residential structures shall incorporate a minimum lot width to lot
depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended.
The portion of the project within the SEQ-VC subdistrict fronts Hinesburg Road and the eastern leg of
the north -south street. The block length is approximately 740 feet along Hinesburg Road and 520 feet
on the other north -south street. Both blocks line up with existing intersections / shared driveways. See
the note above concerning recreation path rights -of -way.
For the purposes of the Master Plan, the Board finds the proposed plans acceptable and finds the
request for waivers to be acceptable. The Board, however, may require one or more sidewalk /
recreation path connections (public or private) to Hinesburg Road as part of a subsequent level of
review of the project.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets in the VC sub -district are
intended to be low -speed streets for local use that discourage through movement and are safe for
pedestrians and bicyclists. Dimensions for public collector and local streets shall be asset forth in
Section 9.09(8)(1) above, and Tables 9-3 and 9-4; cross -sections shall be as set forth in Figures 9-10
and 9-11 below.
(2) Sidewalks
(a) Sidewalks must be a minimum of five feet in width plus a five-foot planting strip
separating the sidewalk from the street.
(b) Sidewalks are required on both sides of the street.
(3) Street Trees; see Section 9.08(8)(3)
(4) On -street Parking; see Section 9.08(8)(4)
(5) Intersection Design. Intersections shall be designed to reduce pedestrian crossing
distances and to slow traffic; see Section 9.08(8)(5) and Figure 9-6.
(6) Lighting. Pedestrian scale light fixtures (e.g., 12' to 14') shall be provided sufficient to
ensure pedestrian safety traveling to and from public spaces. Overall illumination levels
should be consistent with the lower -intensity development patterns and character of the
SEQ with lower, smoother levels of illumination (rather than hot -spots) and trespass
minimized to the lowest level consistent with public safety.
The criteria above will be evaluated at subsequent levels of review for the project.
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D. Design Standards for Non -Residential Land Uses in the SEQ-VC Sub -District
(1) Building Orientation. Non-residential buildings must be oriented to the principal public
street on which the building has a facade. Primary building entries must be oriented to and open
onto a sidewalk or other public walkway providing access from the public street. Secondary
building entries may open onto parking areas.
(2) Building Fagades
(a) Building facades should be varied and articulated for pedestrian interest.
(b) Street level windows and numerous shop entries are encouraged along the sidewalk.
Blank or solid walls (without glazing) should not exceed thirty feet (30') in length at the street
level.
(c) Building entries should be emphasized with special architectural treatment.
(d) All buildings should have a well-defined 'base' with richer detail in the pedestrian's
immediate view (i.e., textured materials, recessed entries, awnings, fenestration patterns) and
a recognizable 'top' consisting of elements such as cornice treatments, roof overhangs with
brackets, textured materials, stepped parapets.
(e) Buildings should have hipped or gabled roofs or flat roofs with an articulated parapet.
Mansard style roofs are discouraged.
(f) Buildings in the SEQ-VC should employ "four-sided" design principles intended to
ensure a high visual quality from any publicly -used vantage point.
(3) Building Setbacks. New buildings with commercial uses must be built to a 'build -to line'
established no less than fifteen feet (15') and no more than twenty feet (20') from the edge of the
curb. The area between the building and the curb shall provide for convenient pedestrian access
via sidewalk or recreation path; see Section 9.10(C)(1) above. Parking is prohibited between the
building and the sidewalk.
(4) Parking
(a) Notwithstanding the provisions of Article 13 of these Regulations, each non-residential
use shall provide three (3) off-street parking spaces per 1,000 gross square feet. The DRB may
grant a parking waiver in conformance with Section 13. 1 (N)(3). The Development Review
Board may allow on -street parking within 500 linear feet of the nearest building line of the use
to count towards the use's parking requirements.
(b) The provisions of Section 13.1 notwithstanding, the DRB may allow shared parking
anywhere within the VC district, regardless of linear distance from the proposed use.
The criteria above will be evaluated at subsequent levels of review for the project. The Board, however, has
reviewed and finds acceptable the applicant's request for a waiver of the setback requirement of Section
9.10(D) (3) for all lots adjacent to Hinesburg Road.
9.11Supplemental Standards for Arterial and Collector Streets
A. Setbacks. The minimum front setbacks from Dorset Street, Old Cross Road, Nowland Farm
Road, Hinesburg Road, Swift Street, Swift Street Extension, and Old Cross Road Extension, shall be as
set forth in Section 3.06(B) (1) and (2) of these Regulations.
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B. Building Orientation along Arterial and Collector Streets.
(1) New developments with frontage on Dorset Street, Old Cross Road/Nowland Farm Road,
or Swift Street, or which have the potential to include frontage along Swift Street Extension or Old
Cross Road Extension, shall maintain a setback of twenty feet (20') from the edge of the planned
right-of-way.
(2) New developments with frontage on Hinesburg Road shall maintain a setback of forty feet
(40') from the edge of the planned right-of-way.
(3) This setback area shall be attractively landscaped, with suitable street trees and fencing
made of natural materials, in a manner that creates a defined edge to the development, without
creating a visual "wall" or barrier. Acceptable alternatives for this treatment are shown in Figures
9-12 and 9-13.
(4) A public sidewalk or recreation path planned in coordination with the South Burlington
Recreation Path Committee shall be incorporated into the setback area.
(5) The use of earthen berms of more than four feet (4') in height above the average pre -
construction or finished grade of the setback area, shall not be permitted. Under no circumstances
shall vegetation other than grasses and low -growing shrubs be planted along the slope or top of
any berms or other land shaped areas.
The criteria above will be evaluated at subsequent levels of review for the project. The Board, however, has
reviewed and finds acceptable the applicant's request for a waiver of the setback from 57 feet to 23 feet of
Section 9.11(B)(2) for all lots adjacent to Hinesburg Road.
OTHER — BUFFER STRIPS
Section 3.06(1) Buffer Strip for Non -Residential Uses Adjacent to Residential District Boundaries.
(1) Where a new non-residential use is adjacent to or within fifty (50) feet of the boundary of a
residential district, or where an existing non-residential use, structure or parking area that is
adjacent to or within fifty (50) feet of the boundary of a residential district is proposed to be
expanded, altered or enlarged, the required side or rear setback shall be increased to sixty-five
(65) feet. A strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback shall be
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 Board finds that the particular circumstances of this project, a mixed -use project in an area with a
VC and NR subdistrict, warrant the waiver requested by the applicant. The Board finds a front yard
setback of 20 feet when a street with a right-of-way of at least 50' is proposed between the residential
use and the proposed commercial use to be acceptable.
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DECISION
Motion by , seconded by , to approve master plan application #MP-13-01 of Rye
Associates, Inc, subject to the following conditions:
All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. The following levels of review shall apply following an initial preliminary and final plat approval for
the development:
• In the VC- Sub -District, final site plan and any applicable design review requirement only
shall be required for lots proposed for development with a single principal structure.
• In the NR Sub -District, any subsequent approval to the initial preliminary and final plat
shall require only final plat approval.
3. Future additions of decks and porches to any family dwelling units within an approved lot or
footprint lot belonging to that unit shall require only the issuance of a zoning permit.
4. The plans shall be revised to show the changes below prior to final plat submittal:
The applicant shall revise the Master Plan to reflect the development areas and open
spaces indicated on the preliminary plat dated 1-24-2014.
The applicant shall revise the Master Plan to reflect the recreation path rights -of -way
indicated on the preliminary plat dated 1-24-14.
5. The applicant shall continue pursuing in good faith preliminary plat application #SD-13-22 before the
DRB.
6. The following waivers are granted which shall apply to all subsequent levels of review:
a. Building and Lot Coverage maximums shall apply to the PUD as a whole
b. Section 3.06(I) Buffer Strip for Non -Residential Uses Adjacent to Residential District
Boundaries. The front yard setback shall be reduced to 20 feet when a street with a
right-of-way width of at least 50' is proposed between the residential use and the
proposed uses in the VC subdistrict. The side and rear lot setbacks shall otherwise be
consistent with the SEQ-VC District requirements.
c. Section 9.07 (Table 9-2) : Minimum radius of curves for Local streets from 200' to 50'
d. Appendix C Table C-2 PUD Lot Coverage shall Exclude City Recreation Paths.
e. Section 9.09(A)(2), 9.09(A)(1), and 9.10(A)(2): Average intersection and block length
spacing as shown on the Master Plan
f. Section 9.10 (D) (3) Building Setbacks. Setbacks requirements for all of the commercial
lots.
g. Section 9.11 (A), 3.06(B) (1) and (2) of these Regulations (see below). Setback along
Hinesburg Road reduced from 57-feet to 23-feet
7. There shall be no use of herbicides or pesticides, nor non -organic fertilizers, within the wetlands or
associated 25 foot buffers. This shall be reflected in the association documents which shall be
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reviewed by the City Attorney prior to issuance of a zoning permit for the first building on the
property.
8. There shall be no mowing within 25 feet of the wetlands on the property. Brush -hogging shall be
allowed no more than three (3) times per year. This shall be reflected in the association documents
which shall be reviewed by the City Attorney prior to issuance of a zoning permit for the first
building on the property.
9. Any changes to the preliminary plat or other subsequent level of review that deviate from this
master plan in a manner described in Section 15.07(D)(3) shall also require amending the master
plan. These thresholds shall consist of:
a. Total FAR or number of residential dwelling units for the property: 52 residential units
and 20,000 square feet of non-residential development.
b. Total site coverage of the property subject to the master plan: Maximum total site
coverage of 30%
c. Location, layout, capacity or number of collector roadways on the property. As
depicted on the approved plans, and with the following deemed to be collector
roadways: "Swift Street Extension" (east -west roadway at north end of PUD) and the
eastern leg of "Rye Circle" (north -south roadway from Swift Street Extension to the
connector to Fox Run Lane).
d. Land development proposed in any area previously identified as permanent open
space: As depicted on the approved plans, and with the following deemed to be
"permanent open space": the 2.54 acre park/open space and the 0.80 detention basin.
e. A change that will result in an increase in the number of PM peak hour vehicle trip
ends projected for total buildout: 107 PM peak hour trip ends.
Tim Barritt—
yea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Michael Sirotkin —
yea
nay
abstain
not present
Art Klugo —
yea
nay
abstain
not present
Bill Miller—
yea
nay
abstain
not present
Jennifer Smith --
yea
nay
abstain
not present
David Parsons --
yea
nay
abstain
not present
Motion carried by a vote of 5 — 0 — 0
Signed this day of �� �� �%� 2014, by
Tim Barritt, Chair
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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/defauIt.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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