HomeMy WebLinkAboutSD-96-0000 - Decision - 1600 Spear StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Larkin Milot Partnership to
amend a condition of approval for a planned residential development
consisting of 73 single family lots, Pinnacle @ Spear, Spear
Street. The amendment is to waive the requirement for posting a
bond to insure to insure the planting of two (2) trees per lot.
On the 30th day of July, 1996, the South Burlington Planning
Commission approved the request of Larkin Milot Partnership for
revised final plat approval under Section 204 of the South
Burlington Subdivision Regulations based on the following findings:
1. This request is to amend a condition of approval for a planned
residential development consisting of 73 single family lots,
Pinnacle at Spear. The amendment is to waive the requirement for
posting a bond to insure the planting of two ( 2 ) trees per lot.
See enclosed letter from Gerald Milot.
2. There is a logistical problem with requiring the developer to
post a bond to cover the cost of planting 2 trees per residential
lot. The problem is that the bond remains in effect for 3 years,
however once the lot is sold it may not be developed for many years
beyond the 3 year life of the bond. The 2 trees per lot typically
are not planted until after the lot is developed.
3. The applicant proposed requiring each individual lot owner to
post a bond when they applied for a zoning permit. The Zoning
Administrator does not support this proposal because it would add
a tremendous administrative burden which he feels in not necessary.
He feels the requirement for two trees per lot is unnecessary
because lot owners are willing to landscape their lots regardless
of the requirement.
Staff recommended that the Planning Commission waive the
requirement for a bond to cover the cost of planting 2 trees per
lot. In addition, the Commission should include a condition which
requires future lot owners to plant 2 trees per lot within one year
of issuance of a zoning permit for the lot. Furthermore, this
condition should appear in a "Notice of Condition" which the
developer must record in the land records. This notice will alert
future buyers of this particular condition. In the rare event a
lot owner does not comply, the Zoning Administrator would then
issue a notice of violation and pursue enforcement of the
requirement.
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DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the revised final plat application of Larkin
Milot Partnership to amend a condition of approval for a planned
residential development consisting of 73 single family lots,
Pinnacle @ Spear, Spear Street. The amendment is to waive the
requirement for posting a bond to insure the planting of two (2)
trees per residential lot, with the following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. The Planning Commission amends condition #6 of the August 10,
1993 final plat approval to read as follows: "In accordance with
Section 412.4 of the South Burlington Subdivision Regulations,
there shall be two (2) trees planted on each residential lot. Said
trees shall be planted on a lot within one year of issuance of a
zoning permit for that lot. Only tree species which comply with
the height limits of the Scenic View Protection Overlay District
shall be planted. A "Notice of Condition" addressing this
requirement shall be recorded in the South Burlington land records
within 30 days of this approval."
3. The Planning Commission amends condition #7 of the August 10,
1993 final plat approval to no longer require the applicant to post
a $65,335 bond for proposed "lot trees."
Chairman or dleik
South Burlington Planning Commission
Date
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