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HomeMy WebLinkAboutSD-03-16 - Decision - 0000 Butler DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD DUBOIS 7-LOT SUBDIVISION PRELIMINARY PLAN #SD-03-96 FINDINGS OF FACT, CONCLUSIONS & DECISION Marie Dubois, hereafter referred to as the applicant, is requesting preliminary plan approval for a 7-lot subdivision on 5.906 acres off of Butler Drive. The proposal involves a boundary line adjustment with Lot 68 of the previously approved Butler Farms subdivision. The South Burlington Development Review Board (DRB) held a public hearing on April 15, 2003. Engineer Dick Trudell and Carl Cobb represented the applicant. FINDINGS OF FACT The applicant is requesting preliminary plan approval for a 7-lot subdivision on 5.906 acres off of Butler Drive. The subject property consists of Lot 68 from the previously approved Butler Farm subdivision and an adjacent previously reserved lot. The proposal involves a boundary line adjustment between Lot 68 and the previously reserved lands. 2. A new public right-of-way providing access to the 7 lots with a 950 ft. dead end road and sidewalk is proposed. 3. The subject property consists of approximately 5.906 acres and is located in the Southeast Quadrant (SEQ) District. Portions of the subject property fall within the Conservation and Open Space (CO) District. 4. The application must comply with the Zoning Regulations, Subdivision Regulations, and the proposed Land Development Regulations. CONCLUSIONS ZONING DISTRICT & DIMENSIONAL REQUIREMENTS According to Section 6.401 of the Zoning Regulations and Section 9.06(A) of the proposed Land Development Regulations, the maximum allowable residential density for the subject property is 1.2 units per acre, or 7 units. Seven units are proposed; one is the previously approved unit on Lot 68 of the Butler Farm subdivision. The applicant has provided an estimate for building and overall coverage for lots within the subdivision. Building coverage is proposed to be 10% and overall lot coverage approximately 15%. The exact measures will vary depending on lot characteristics. Setbacks are shown on Sheet SP1 of the plans. The application indicates a total building square footage of 5,403. However, the minimum floor area for each of the proposed residences is not provided. FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-16 Conservation and Open Space District 2. The subject property contains wetlands as indicated on the South Burlington wetlands map. In addition, Sheet EC1 shows a delineated class three wetland and 50 ft. buffer in the vicinity of lots 2 and 4 and the proposed Marie Street. Any wetlands, including a 50 ft. buffer around such wetlands are included in the CO District. Pursuant to Section 3.20 of the Zoning Regulations, roadways and utility lines are permitted uses within the CO District. The plans do not indicate where structures are proposed on lots 2 and 4. Pursuant to Section 3.50 of the Zoning Regulations encroachment of a nonconforming residential use into drainage ways within the CO District may be allowed provided the encroachment will not significantly adversely affect wetland functions. 3. The proposed Land Development Regulations do not include the Conservation and Open Space District. However, the proposed regulations essentially contain the same provisions for wetland protections that the current regulations contain. Pursuant to Section 12.02(E)(3) of the proposed Land Development Regulations, encroachments into a class three wetland and wetland buffers may be permitted provided proposed activities will not adversely affect wetland functions. Pursuant to Section 12.02(D)(4) of the proposed Land Development Regulations, the Natural Resources Committee (NRC) shall review encroachment proposals and make recommendations to the DRB regarding wetland protection measures. Pursuant to Section 3.40 of the Zoning Regulations, approved uses within the CO District shall be subject to the following standards: (a) No use shall damage or otherwise alter adversely the character of soils or vegetation, or impair the quantity or quality of surface water or ground water. 4. In addition to this standard set forth in Section 3.40 of the Zoning Regulations, Article 16 of the proposed Land Development Regulations outlines acceptable specifications for erosion control measures to be employed during and after construction. Sheet SP1 shows erosion control and grading information, which includes the location of several hay bale check dams and a stabilized construction entrance. Further detail drawings of hay bale check dams, a stabilized construction entrance, and stone lined check dams are provided on Sheet D3. Planting specifications are detailed on Sheet D4. The erosion control plans appear to be adequate; however, additional details on the erosion control measures to be used during and after construction should be provided, including notes explaining protocol after storm events. (b) Excavation or filling shall be permitted only to the extent necessitated by an approved use. 5. This standard should be included as a condition of approval. (c) The cutting or removal of trees or other natural vegetation shall be allowed only to the extent necessitated by an approved use. \drb\sub\d ubois\.SD-03-16.fcd.doc 2 FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIM/NARY PLAN #SD-03-16 6. Most of the affected area does not contain woody vegetation. Some trees and other woody vegetation occur along the southerly property line. The plans do not indicate whether or to what extent this vegetation will be disturbed. (d) Any application for a use within the CO District requiring review by the DRB shall require review and comment by the South Burlington Natural Resources Committee (NRC). 7. The applicant should provide a wetlands delineation and analysis of wetlands impacts prepared by a qualified wetlands consultant. This information must be available to the NRC and the NRC must review the plans prior to final plan approval. Dorset Park View Protection Zone 8. The northerly portion of the subject property falls within the Dorset Park View Protection Zone B (DPVP-B) of the Scenic View Protection Overlay (SV) District. Pursuant to Sections 22.403 and 22.404 of the Zoning Regulations and Section 10.03(G)(2) of the proposed Land Development Regulations, no part of any structure or landscaping within the DPVP-B shall exceed an elevation of 439 ft. above mean sea level (MSL) plus 3.1 ft. for each 1000 ft. of horizontal distance from the easterly base line of the zone, or 3 ft. above existing grade, whichever is higher. The high point of existing grade within the DPVP-B is approximately 430 ft. in elevation occurring on Lot 5. The plans indicate that the subject property is 2,200 ft. from the base line at the beginning of the proposed Marie Street. Lots within the DPVP-B are approximately another 150 to 450 ft. from the base line. Therefore, structures and landscaping within the DPVP-B in the proposed subdivision shall not exceed approximately 446 to 447 ft. in elevation. Sheet SP1 of the plans includes a matrix indicating that the maximum elevation of rooflines for structures proposed within the DPVP-B are 446 ft. and 447 ft. above MSL. 9. The southerly portion of the subject property falls within the Dorset Park View Protection Zone C (DPVP-C) of the SV District. Pursuant to Sections 22.405 and 22.406 of the Zoning Regulations and Section 10.03(G)(3) of the proposed Land Development Regulations, no part of any structure or landscaping within the DPVP-C shall exceed an elevation of 439 ft. above MSL plus 2.2 ft. for each 100 ft. of horizontal distance from the easterly base line of the zone, or 3 ft. above existing grade, whichever is higher. The high point of existing grade within the DPVP-C is approximately 441 ft. in elevation. Again, the plans indicate that the subject property is 2,200 ft. from the base line at the beginning of the proposed Marie Street. Lot 68 coincides with the beginning of Marie Street. Lots 1 and 3 within the DPVP-C are approximately another 200 to 450 ft. from the base line. Therefore, structures and landscaping within the DPVP-C in the proposed subdivision shall not exceed approximately 488 ft., 492 ft., and 497 ft. in elevation. The matrix on Sheet SP1 of the plans indicates that the maximum elevations of rooflines for structures proposed within the DPVP-C are 444 ft. and 444.6 ft. above MSL. 10. According to the applicant, Lot 2 will contain a 1 Y story home of 26 ft. in height; lots 4 and 6 will contain 2 story homes of 30 ft. in height; and Lot 5 will contain a \drbl�sub\dubois\SD-03-16.fcd.doc 3 FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-16 1 Y story home of 26 ft. in height. Existing grades within the DPVP-B on lots 2, 4, 5, and 6 are between approximately 410 and 430 ft. It may be necessary for the applicant to obtain an exemption from the height restrictions of the DPVP-B pursuant to Section 10.03(J) of the proposed Land Development Regulations. To determine whether exemptions are necessary, the applicant must provide an analysis of the maximum allowable height within the Dorset Park View Protection Zone B on lots within the subdivision and indicate the heights above existing grades of all proposed structures and landscaping. This may be accomplished by providing a matrix that identifies the relevant view protection zone, lot number, highest existing grade, lowest existing grade, existing grade at center, distance from base line, maximum allowed height, and maximum proposed height for each structure or landscape feature. Subdivision Development Requirements & Design Standards Section 400 of the South Burlington Subdivision Regulations establishes general design requirements for subdivisions according to the following categories. Furthermore, Sections 15.12, 15.13, and 15. 14 of the proposed Land Development Regulations establish similar general design requirements for subdivisions. Streets 11. Marie Street is proposed to be dedicated as a public street and to be constructed to City of South Burlington street design standards. In general, the road plans appear to comply with the standards for public streets as set forth in Section 400 of the Subdivision Regulations and Section 15.12 of the proposed Land Development Regulations. City Engineer Bill Szymanski has reviewed the plans and provided additional comments concerning Marie Street. Specifically, Mr. Szymanski notes that the water main should be located in the center of the grassed area between the curb and the sidewalk, not in the street as the plan shows. 12. Section 401.1(g) of the Subdivision Regulations stipulates that a cul-de-sac shall not exceed ten times the minimum required frontage for the zoning district involved. Section 25.00 establishes a minimum lot frontage of 85 ft. for single family residential lots on local streets in the SEQ District. This would limit the length of Marie Street to 850 ft. However, the proposed Land Development Regulations do not establish a minimum required lot frontage, so the length limitation for cul-de- sacs is not relevant under the proposed regulations. Consequently, pursuant to Section 513 of the Subdivision Regulations, the DRB concludes that a waiver from the cul-de-sac length limitation is appropriate. 13. The proposed name of Marie Street has not yet been approved. Pursuant to Section 15.12(K) the proposed street name shall conform to E-911 Regulations. Accordingly, the proposed Street Name must be reviewed and approved by the Planning Commission. 14. Pursuant to Section 15.15 of the proposed Land Development Regulations, the applicant must provide a performance bond approved by the City Council in an amount to cover the costs of all required public infrastructure and its maintenance for a period of two years after completion. W rblsubld ubois\SD-03-16Jcd.doc 4 FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-16 15. Pursuant to Section 15.16 of the proposed Land Development Regulations, final acceptance of all required public infrastructure by the City shall not occur until the City Engineer has determined that the improvements have been satisfactorily completed. 16. Pursuant to Section 15.17 of the proposed Land Development Regulations, all necessary legal documents purporting to convey property or easements to the City shall accompany the final plan application and be approved by the City Attorney. Sidewalks & Recreation Paths 17. The Recreation Path Committee (RPC) reviewed the sketch plan for the subject property on September 16, 2002, and requested that a 20 ft. recreation path easement be provided from the proposed Marie Street sidewalk to the adjacent parcel owned by the City of South Burlington. The plans show a 30 ft. utility and pedestrian easement in this vicinity. In addition, City Engineer Bill Szymanski has commented that the sidewalk should be extended at least to the driveway on Lot 6. Accordingly, the plans should be revised to show the location of driveways for each lot on the subdivision, and the sidewalk should be shown to extend to the Lot 6 driveway. Lot Layout 18. All proposed lots comply with the minimum standard width to length ratio of 1 to 5. In addition, most lots appear to be laid out such that they can be developed in full compliance with the regulations and with consideration to natural constraints on the subject property. However, the plans show a class three wetland in the vicinity of lots 2 and 4 and the proposed Marie Drive. The plans need to be revised to show the wetland, all proposed lot lines, and all proposed site development on one sheet or map. As already indicated, any encroachments must comply with the Zoning Regulations and the proposed Land Development Regulations and must be reviewed by the NRC prior to final subdivision approval. In addition, as indicated already, the applicant may need exemptions from the height restrictions of the SV District pursuant to 10.03(J) of the proposed Land Development Regulations. Water 19. Pursuant to Section 404 of the Subdivision Regulations and 15.13(B) of the proposed Land Development Regulations, the municipal water system shall be extended to provide adequate water supply at an acceptable pressure for the proposed subdivision. The plans were reviewed by Water Superintendent Jay Nadeau. Mr. Nadeau's comments are dated April 3, 2003. The applicant will need to abide by all requirements outlined by Mr. Nadeau in this letter. Fire Protection 20. Section 405 of the Subdivision Regulations requires that the plans are reviewed by the Fire Chief or a designee to insure that adequate fire protection can be provided. On September 27, 2002, Fire Chief Doug Brent provided comments on the \drblsubld ubois\SD-03-16.fcd.doc 5 FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-16 previously submitted sketch plan for the subject property. The plans should be reviewed again by Mr. Brent prior to final approval by the DRB. Sewage Disposal 21. The applicant will need to obtain final wastewater allocation approval from the Director of Planning and Zoning prior to final subdivision approval by the DRB. In addition, the applicant will need to comply with the requirements outlined by City Engineer Bill Szymanski concerning sewer line details on the plans and a special assessment for construction of a new water main. Utility Lines 22. Section 407 of the Subdivision Regulations and Section 15.13 of the proposed Land Development Regulations require that utility lines be underground. Underground water and sewer lines are shown on the plans. The City Engineer has reviewed the plans and offered comments. Locations of the proposed utility corridors are appropriate. Outdoor Lighting 23. In accordance with Section 408 of the Subdivision Regulations, outdoor lighting shall be provided in compliance with the site plan and performance standards set forth in the Zoning Regulations. However, the site plan and performance standards set forth in the Zoning Regulations do not apply to single family residential lots such as those proposed on the subject property. Furthermore, Section 13.07 of the proposed Land Development Regulations also exempts single family and two family uses from exterior lighting regulation. However, street lighting must be provided in compliance with the regulations. The plans show an existing street light adjacent to the proposed intersection of Marie Street with Butler Drive. In addition, two new street lights mounted on 20 ft. poles are proposed along Marie Drive. A street light detail is provided on Sheet D4 of the plans. The street lighting appears to be adequate. Storm Drainage 24. Section 409.1 of the Subdivision Regulations requires the applicant to plan for the removal of spring or surface water resulting from the proposed development. The design of the drainage system shall use natural waterways and drainage ways to the fullest extent possible. Stormwater drainage facilities must be located within street right-of-ways where feasible, or within unobstructed easements of appropriate width. In addition, Section 15.13(F) of the proposed Land Development Regulations requires that the subdivision meet the applicable standards of the Vermont Stormwater Management Manual. The City Engineer has commented that drainage toward the sidewalk should be integrated before crossing the sidewalk; accordingly inlets should be added at Lot 3 and Lot 68. Pursuant to Section 409.2, drainage facilities must be large enough to accommodate potential runoff from the entire upstream drainage area under conditions of total potential development. Pursuant to Section 409.3, the stormwater drainage plans must include an assessment of the effect of the proposed development on existing downstream drainage facilities. \drb\sub\dubois\SD-03-16.fcd.doc 6 FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-16 25. The applicant proposes a system of swales and catch basins, which will bring stormwater runoff to a proposed pipe under Butler Drive. This pipe will parallel an existing pipe serving a portion of the Butler Farms subdivision and discharge onto city property. The existing swale on the city site will be readdressed to provide treatment and detention. The system is sized for the proposed 7-lot subdivision and that portion of the Butler Farms subdivision that drains to the same area on the city site. The applicant will need to obtain approval from the South Burlington City Council for the proposed stormwater facility improvements on city property. Monumentation 26. The survey plat shows appropriate monumentation at all lot comers pursuant to Section 410 of the Subdivision Regulations and Section 15.14(B) of the proposed Land Development Regulations. Open Space & Recreation Areas 27. Adequate open space and recreation areas are provided for lots within the proposed subdivision. Site Preservation & Landscaping 28. Section 412 of the Subdivision Regulations establishes standards for site preservation and landscaping. Pursuant to Section 412.4, two trees shall be planted on each residential lot. Sheet SP1 of the plans show two Tartarian Maple trees on each residential lot. In addition, the plans show 26 street trees, a mix of 8 Centurion Crabapple trees and 18 Japanese Tree Lilacs. The crabapple trees should be regularly spaced (every third tree) among the lilacs. The plans indicate that 66 Sea Green Juniper will be planted along a proposed berm at the easterly property line of Lot 5. Public Works Arborist Craig Lambert reviewed the landscaping plans and offered a number of comments regarding the specific location of plantings and recommended revisions to the planting details. Excavation & Grading 29. Excavation and grading plans must comply with Section 413 of the Subdivision Regulations and Article 16 of the proposed Land Development Regulations. Energy Conservation 30. Pursuant to Section 414 of the Subdivision Regulations, the proposed subdivision shall be designed to take advantage of solar radiation and landscaping should be designed to provide wind barriers and reduce heat loss and heat gain. In addition, the length of roadways and utilities shall be minimized. The proposed street is of acceptable length. The plans do not show proposed house sites configurations or other details demonstrating energy conservation for the proposed residential lots. \drb\sub\dubois\SD-03-16.fcd.doc 7 C C FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-16 Utility Easements 31. Utility easements are shown. As indicated already, these must be approved by the City Engineer. In addition, all legal documents pertaining to utility easements must be reviewed and approved by the City Attorney. Directional Signs & Addresses 32. Addresses must be installed in accordance with Section 416 of the Subdivision Regulations. In addition, the addresses of all residences shall be appropriately labeled on the final plat. Addresses for each lot are indicated on the plans. Review Criteria for Subdivisions Pursuant to Section 15.18 of the proposed Land Development Regulations, the DRB shall consider the following in its review of a subdivision application: (a) Sufficient water supply and wastewater disposal capacity is available meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. 33. As noted by Water Superintendent Jay Nadeau, adequate water storage capacity is not yet available for the proposed project. In addition, the applicant will need to obtain wastewater allocation for lots 1 through 6. (b) Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. 34. As already indicated, the erosion control and grading plans appear to be adequate and must comply with Section 413 of the Subdivision Regulations and Article 16 of the proposed Land Development Regulations. (c) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. 35. The applicant has estimated that the proposed subdivision will generate 57 vehicle trip ends per day, 5 during the AM peak hour and 6 during the PM peak hour. Traffic impacts will be minimal. However, the applicant will need to pay the appropriate traffic impact fees upon submission of zoning permit application. \drb\sub\d ubois\,SD-03-16.fcd.doc 8 FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-16 (co The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. 36. As indicated already, the applicant must provide additional information regarding the delineated class three wetlands and an assessment of the affects of the proposed development on wetland functions and values. In addition, the NRC will need to review the proposal prior to final plan approval. (e) 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. 37. The proposed residential subdivision is in keeping with surrounding development. (fl 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. 38. No stream buffers coincide with the subject property. City owned open space lands are contiguous to the proposed development. (g) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval including, but not be limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. 39. As already noted, the Fire Chief needs to review the final plans prior to final plan approval by the DRB. (h) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. 40. The Recreation Path Committee has requested that the applicant provide a recreation path easement connected the proposed new sidewalk to the adjacent city property. (i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and \d rb\sub\dubois\SD-03-16.fcd.doc 9 FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-16 maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. 41. The proposed infrastructure has been reviewed by the City Engineer and Water Superintendent, each of whom has offered comments that need to be addressed by the applicant. 0) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). 42. The Comprehensive Plan recommends land use that respects and maintains the open and special character of the SEQ, including developments that protect and preserve large contiguous areas of open space, important natural areas and scenic views. The proposed development is in keeping with these goals, provided the concerns raised in this report are adequately addressed prior to final plan approval. DECISION MOTION by K r'� ' d . , seconded by to approve preliminary plat application #SD-03-16, subject to the f6flowing conditi ns: 1. Pursuant to Section 204.1 of the Subdivision Regulations and Section 15.08(C)(1) of the proposed Land Development Regulations, the applicant must submit a final plan application within twelve (12) months of the date of this decision. 2. Excavation and filling shall be permitted only to the extent necessitated by the approved development. In addition, excavation and grading plans must comply with Section 413 of the Subdivision Regulations and Article 16 of the proposed Land Development Regulations. 3. The stormwater drainage plans must comply with the requirements of Section 409 of the Subdivision Regulations and Section 15.13(F) of the proposed Land Development Regulations. 4. Concurrent with final plat approval, a determination will be made as to what portions of the stormwater drainage system shall be the responsibility of the homeowners. 5. Pursuant to Section 523 of the Subdivision Regulations, the DRB hereby grants the applicant a waiver from the cul-de-sac length limitation set forth in Section 401.1(g) of the said regulations. 6. Prior to submission of a final plat application, the plans must be revised as follows: a. The plans must be revised to show all proposed development and site work relative to delineated wetlands on the subject property. b. The water main must be shown as located under the grassed area between the curb and the sidewalk. \drb\sub\d uboisl.SD-03-16.fcd.doc 10 FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-16 C. The erosion control plans must include notes explaining protocol after storm events. Erosion control and grading plans must meet the requirements set forth in Article 16 of the proposed Land Development Regulations. d. The plans must include a matrix that identifies such information as: (i) the relevant view protection zone, (ii) lot number, (iii) highest existing grade, (iv) lowest existing grade, (v) existing grade at center, (vi) distance from base line of the zone, (vii) maximum allowed height, and (viii) maximum proposed height for each proposed structure or landscape feature. e. The plans must be revised to show the location of driveways for each lot on the subdivision, and the sidewalk should be shown to extend to the Lot 6 driveway. The landscaping plans must be revised to show integration of the crabapple and lilacs tree plantings such that the crabapple trees are regularly spaced among the lilacs. In addition, the planting details must be revised to address the comments of the Public Works Arborist. 7. Prior to final plat approval, the following must be accomplished: a. The applicant must obtain the approval of the South Burlington City Council for the proposed stormwater facility improvements on city owned property to the northeast of the proposed development. In addition, the City Engineer shall approve the stormwater drainage plan prior to final plat approval by the DRB. b. The applicant must provide evidence that each proposed home contains at least 864 sq. ft. of floor area. C. The applicant must provide a wetlands delineation and analysis of wetlands impacts prepared by a qualified wetlands consultant. The Natural Resources Committee shall review the proposal with regard to any wetland and wetland buffer encroachments. d. The proposed street name must be reviewed and approved by the Planning Commission. e. The plans will need to be reviewed by the City Fire Department prior to final approval by the DRB. The applicant must obtain final wastewater allocation for the proposed development approval from the Director of Planning and Zoning prior to final plan approval. g. The City Engineer shall review and approve the location and ownership of all utility easements prior to final plan approval. \drblsub\d ubois\SD-03-16.fcd.doc 11 FINDINGS OF FACT, CONCLUSIONS & DECISION PRELIMINARY PLAN #SD-03-16 h. The applicant must obtain approval from the United States Postal Service for the type of mailboxes to serve the development. 8. Pursuant to Section 15.17 of the proposed Land Development Regulations, all necessary legal documents purporting to convey property or easements to the City shall accompany the final plan application and be approved by the City Attorney. 9. Concurrent with the final plat submission, the applicants shall provide additional information about what existing vegetation is to be removed. 10. The applicant must meet the requirements outlined by Water Superintendent Jay Nadeau in his letter dated April 3, 2003. 11. The applicant shall comply with the requirements outlined by City Engineer Bill Szymanski. In particular, the applicant shall be subject to any special assessment for the construction of a gravity sewer line to serve the subject property. 12. Pursuant to Section 15.15 of the proposed Land Development Regulations, before commencement of construction, the applicant must provide a performance bond approved by the City Council in an amount to cover the costs of all required public infrastructure and its maintenance for a period of two years after completion. 13. The applicant shall provide a separate performance bond for the street trees, which shall remain in effect for three years. The amount of the performance bond shall be determined concurrent with final plat approval. 14. Pursuant to Section 15.16 of the proposed Land Development Regulations, final acceptance of all required public infrastructure by the City shall not occur until the City Engineer has determined that the improvements have been satisfactorily completed. 15. The applicant shall pay relevant traffic impact fees upon submission of zoning permit applications. Mark Boucher a nay/abstain Roger Farley — eo%nay/abstain Michele Kupersmith — ��� i �Y"r ��,y► f Larry Kupferman — nay/abstain Gayle Quimby enay/abstain MOTION CARRIED by a vote of Signed this day of ~ ` , 2003, by 3� Mar Boucher, Vice Chair \drblsub\d ubois\SD-03-16.fcd.doc 12