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.
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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
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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.
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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
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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.
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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.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
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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.
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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
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FINDINGS OF FACT, CONCLUSIONS & DECISION
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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.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
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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.
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FINDINGS OF FACT, CONCLUSIONS & DECISION
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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
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