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HomeMy WebLinkAboutSD-14-38 - Decision - 1741 Spear Street#SD-14-38 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SYNERGY DEVELOPMENT, LLC —1741 SPEAR STREET PRELIMINARY & FINAL PLAT APPLICATION #SD-14-38 FINDINGS OF FACT AND DECISION Synergy Development, LLC , hereafter referred to as the applicant, is requesting Preliminary & Final Plat review, #SD-14-38, for a planned unit development to subdivide a 3.62 acre parcel developed with a single family dwelling into three (3) lots ranging in size from 0.75 acres to 2.12 acres, 1741 Spear Street. The Development Review Board held a public hearing on Tuesday, January 20, 2015. Jennifer Desautels represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. Synergy Development, LLC is requesting Preliminary & Final Plat review, #SD-14-38, for a planned unit development to subdivide a 3.62 acre parcel developed with a single family dwelling into three (3) lots ranging in size from 0.75 acres to 2.12 acres, 1741 Spear Street. 2. The owner of record of the subject property is Synergy Development, LLC. 3. The subject property is located in the Residential 1 and Residential 2 Zoning Districts. 4. The plans submitted consist of a nine (9) page set of plans, page two (2) entitled, "Synergy Development, LLC 1741 Spear Street Legends and Notes", prepared by Trudell Consulting Engineers, and dated 12/12/14. Applicability of use of Planned Unit Development approach The applicant's proposal seeks approval to use PUD in order to retain the existing single family home on a smaller lot, create two (2) additional lots each with a single family home and design a single driveway and establish a common use area and other elements. Section 15 of The South Burlington Land Development Regulations addresses Subdivision and Planned Unit Development Review and reads, in part, as follows: 15.01 Purpose It is the purpose of the provisions for subdivision and Planned Unit Development (PUD) review to provide for relief from the strict dimensional standards for individual lots in these Regulations in order to encourage innovation in design and layout, efficient use of land, and the viability of infill development and re -development in the City's Core Area, as defined in the Comprehensive Plan. It is SD 14 38 1741SpearStreet SynergyDevelopmentLLC 3unit PUD ffd.doc - 1 — #SD-14-38 the further purpose of this Article to coordinate site plan, conditional use and subdivision review into a unified process. The Development Review Board shall administer these regulations for the purpose of assuring orderly growth and coordinated development in the City of South Burlington and to assure the comfort, convenience, safety, health and welfare of its citizens. The applicant argues, in part, that PUD review is needed in order to allow a more efficient lot layout, reduce impervious coverage, allow the use of a private drive and establish open space elements. The Board finds that the project qualifies as a PUD. Frontage requirements, Section 3.05(C) With regards to the requirement that each lot have 50 ft. of frontage, the Board finds that the frontage requirement would be met as the total frontage available for the 3 lots is 166.28 ft. Dimensional Requirements Table 1. Dimensional Requirements R-1 and R-2 Zoning District Required Existing IF Proposed Min. Lot Size (111/112) 40,000 SF / 22,000 SF 3.62 acres 3.62 acres Max. Building Coverage (R1/R2) 15%/ 20% 1.65% 4.19% Max. Total Coverage (R1/R2) 25%/ 40% 2.55% 14.28% * Min. Front Setback (R1/R2) 50 ft. / 30 ft. >50 ft. / n.a. 25 ft. / 15 ft. Min. Side Setback (R1/R2) 25 ft. / 10 ft >25 ft. / n.a. >25 ft. / >10 ft Min. Rear Setback 30 ft. >30 ft. >30 ft. Max. Building Height (pitched roof) 28 ft. <28 ft. <28 ft. zoning compliance * waivers requested. A waiver for a front setback of 15 ft. for Lot 1 in the R-2 District is requested. A waiver for a front setback of 25 ft. for Lot 2 in the R-1 District is requested. The Board grants a 15 ft. waiver for a front setback of 15 ft. for Lot 1 in the R-2 District and a 25' waiver for a front setback of 25 ft. for Lot 2 in the R-1 District. 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. SD 14 38 1741 SpearStreet SynergyDevelopmentLLC 3unit_PUD ffd. doc -2— #SD-14-38 According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the proposed dwelling units. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. The applicant has received preliminary wastewater and preliminary water allocation from the City. The Board finds this criterion to be met. (A)(2)Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. Erosion control specifications and grading plans have been submitted with the application. The Board finds this criterion to be met. (A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The applicant is proposing to cease use of the existing driveway and create a new driveway that will serve the existing single family home and the two proposed new homes to the rear. The Department of Public Works had no concerns regarding this driveway location. The Board finds this criterion to be met. (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. The applicant has proposed building envelopes on Lots 1 and 2 to protect much of the existing vegetation and trees on the site. Outside of the building envelopes, the applicant is proposing to establish Conservation Open Space easements. In addition, a Community Open Space easement is established for the back portion of Lot 3. The Conservation Open Space Easements will restrict the removal of trees. The applicant provided copies of the proposed agreements prior to the hearing. The Board finds this criterion to be met. (A)(S)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. The project is located in both the R1 and R2 Districts, the purposes of which are as follows: 4.01 RESIDENTIAL 1 DISTRICT - R1 SD 14 38 1741 SpearStreet SynergyDevelopmentLLC 3unit PUD ffd. doc - 3 — #SD-14-38 A. Purpose. A Residential 1 District is hereby formed in order to encourage low -density single-family residential uses. This district is located in areas where low densities are necessary to protect scenic views and cultural resources, and to provide compatibility with adjacent natural areas. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. 4.02 RESIDENTIAL 2 DISTRICT - R2 A. Purpose. A Residential 2 District is hereby formed in order to encourage moderate -density residential use district. This district is located primarily in transition areas between higher density residential districts and low -density districts. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. The proposed homes and layout are consistent with the standards of both Districts. The Board finds this criterion to have been met. (A)(6)Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. See discussion above under (A) (4). The Board finds this criterion to have been met. (A)(7)The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. In an email to staff dated December 1, 2014, the Fire Department commented as follows: 1741 Spear St: Spoke with Shane Mullin this PM regarding (2) SFH situated 500' and 650' off Spear St. on a shared driveway. Driveway width has to accommodate FD access, and the homes must have NFPA 13D sprinkler system installed. DC Terence Francis, CFI Fire Marshal South Burlington Fire Department 575 Dorset St. S. Burlington, VT 05403 802-846-4134 The applicant has included a note on the Sheet C2-01, Site Plan stating "Proposed dwellings on Lots 1 & 2 must be served by an NFPA 13D Domestic Sprinkler System". The applicant has also agreed to the following additional requirements of the Fire Department in communication with the applicant and detailed via e-mail to staff by the applicant on January 20, 2015 as follows: 1. 13'6" clear height for fire truck 2. 15' clear width of gravel driveway for fire truck for the entire length of the driveway 3. Provide a hammerhead turn around 4. Addresses clearly posted at the road. SD 14 38 1741 SpearStreet SynergyDevelopmentLLC 3unit PUD ffd. doc -4— #S D-14-38 The Board finds that the applicant shall comply with the Fire Department's recommendations. (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. Please see the discussion between the applicant and Deputy Director of Public Works. Note that the most recent communications are at the top, as in the format of an email. DPW comments are in BLUE, applicant's notes are in BROWN. From: Tom Dipietro (mailto:tdipietro@sburl.com% Sent: Friday, January 16, 2015 1:06 PM To: Shane M. Mullen, P.E. Cc: Jennifer Desautels, ray, Dan Albrecht, Justin Rabidoux Subject: RE: Comments on Synergy Project Shane, Thank you for providing additional information and speaking with me this morning. My final comments are as follows: 1. This project is located in the Bartlett Brook watershed. This watershed is listed as stormwater impaired by the State of Vermont Department of Environmental Conservation (DEC). The project will disturb greater than 1 acre of land and will therefore require a stormwater construction permit from the Vermont DEC Stormwater Division. The applicant should acquire this permit before starting construction. 2. Modifications to the pond outlet shown on C8-03 are incomplete. The elevation view still indicates that the structure will contain a 6" orifice. 3. The pond outlet should be modified to include a trash rack on the 3" orifice, at minimum. 4. The detail for "Existing Catch Basin Inlet Modification Detail" will be clarified to make clear that modifications will include coring the top of the existing structure to enlarge the opening. In addition, the detail will be modified slightly to prevent larger debris (sticks etc.) from entering the closed drainage system downstream. 5. Information provided indicates that under existing conditions water flowing to the downstream drainage pipe network exceeds the capacity of these pipes during the 25 year storm event. The proposed project will not exacerbate this condition (i.e. modeling indicates that the project is not increasing flow rates off the project site during the 25 year storm event). SD 14 38 1741 SpearStreet SynergyDevelopmentLLC 3unit PUD ffd.doc - 5 — #SD-14-38 6. Per section 12.03.F the applicant shall supply record drawings for the project. 7. The DRB should consider including a condition that requires all storm water treatment and conveyance infrastructure be properly maintained. Thank you all for the opportunity to comment. -Tom Thomas J. Di Pietro Jr. Deputy Director Department of Public Works City of South Burlington Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Shane M. Mullen, P.E. (mailto:Shane.Mullen@tcevt.com] Sent: Wednesday, January 14, 2015 11:01 AM To: Tom Dipietro Cc: Jennifer Desoutels, ray; dalbrecht@ccrpcvt.orq Subject: RE: Comments on Synergy Project Tom, See responses to your stormwater comments below in red [STAFF NOTE, Changed to BROWN for readability in DRB notes]. Attached is the corrected detail sheet for the stormwater basin, and a Manning's analysis for the pipe capacity of the existing 12-inch lines. Also open for discussion is the modification of the existing catch basin trash racks. I would like to have a chat to discuss what can be a mutually acceptable change to these structures that helps the neighbors with their flooding issues and still provides you with a level of comfort regarding potential downstream clogging. Please give me a call when you have some time to discuss. Let me know if you have further questions/comments. Regards, - smm From: Tom Dipietro Sent: Friday, January 09, 20151:24 PM To: ray SD 14 38 1741 SpearStreet SynergyDevelopmentLLC 3unit PUD ffd. doc - 6 — #SD-14-38 Cc: Justin Rabidoux Subject: Comments on Synergy Project Ray, I reviewed plans for the Synergy project that were prepared by Trudell Consulting Engineers, dated 12112114 and last revised on 117115. 1 would like to offer the following comments: This project is located in the Bartlett Brook watershed. This watershed is listed as stormwater impaired by the State of Vermont Department of Environmental Conservation (DEC). a. The applicant should confirm that the project will not create greater than 1 acre of impervious area. If greater than 1 acre of impervious area is created, the project should obtain a State stormwater permit from Vermont DEC before starting construction. Confirmed, there will not be greater than one acre of impervious surface on the property after construction. b. The project will likely disturb greater than 1 acre of land and will therefore require a stormwater construction permit from the Vermont DEC Stormwater Division. The applicant should acquire this permit before starting construction. Confirmed. 2. The pond outlet shown on sheet C8-03 does not match the information entered into the hydrologic model. The applicant must confirm that what is shown in the model is the correct information and the site plans must be updated to reflect this. Confirmed, see attached revised detail sheet with the corrected outlet structure configuration. 3. The project proposes to enlarge the pipe inlet openings at the west end of the project from 18" to 30". The proposed design would allow leaves, branches, and other debris to enter the closed drainage system under Harbor Ridge and Bay Crest. Leaves and other debris are more easily removed at the pipe inlet than from the closed drainage network. I support enlarging these inlets to improve their intake of water, but would like them to remain covered with a track rack of some type to prevent material from entering and potentially collecting in the downstream drainage network. A trash rack is proposed for the existing catch basin inlets to prevent sticks and other debris that can clog pipes from entering, see Sheet CS-03. The intent of this design is to pass leaves into the piping; currently, the adjacent homeowners are required to remove leaves by hand during each storm event to prevent the inlet from clogging and flooding their backyards. We can modify the structure shown in order to keep larger debris from entering the piping, but in our opinion, the pass -through of leaves is the only solution using the existing drainage system that will not result in the need for human intervention during every storm event. Please let us know your suggested modifications to the outlet structure. a. The figure related to this modification on sheet C8-03 doesn't clearly show how the 30" opening would be connected to the existing 18" opening, and/or is not to scale. The figure should be updated so that the modifications are clear. The intent of the modification is to enlarge the existing 18-inch diameter opening to 30 inches in diameter. This is noted in the comment "Existing catch basin — enlarge 18" diameter opening to 30" round" provided on the detail. SD 14 38 1741 SpearStreet SynergyDevelopmentLLC 3unit PUD ffd. doc - 7 — #SD-14-38 The hydrologic modeling provided stops at pipe inlets located on the west edge of the property. In order to fully evaluate conditions, and confirm compliance with section 12.03.E(3) of the LDRs, the applicant must evaluate drainage infrastructure downstream of the project. Updating the hydrologic model to include one additional pipe run downstream of the proposed 30" openings should be sufficient to complete this evaluation. a. Also, the applicant proposes to place 30" openings on top of the smaller diameter pipes that exist downstream of the project. Hydrologic modeling provided does not go beyond the 30" opening which may misrepresent the ability of these pipes to convey runoff without backwatering. Peak flow rates from the site are reduced, as shown in the "inflow" quantity of catch basin inlets 0307 and 2798 from the 1-year and 25-year storm events. We have provided HydroCAD models showing the downstream piping from the inlet, however, we do not feel that these model results provide any meaningful analysis of the downstream drainage effects of the project. The existing 12" diameter pipes are undersized to accommodate the runoff from a 4-inch rainfall; HydroCAD modeling of the pipe run results in several "hints" and "warnings" that indicate exceedances will occur in the existing condition. We ran a Manning's analysis of the existing pipes' capacity and found them both to be undersized; CB0307 inflows exceed maximum capacity flow by 13 cfs, and CB2798 is exceeded by 1 cfs. Due to this existing under -capacity, modeling results in the proposed condition are nonsensical, outflows from the dry basin are greater than the inflows. We believe the best information to determine the downstream flow effects of the project are the previously -issued HydroCAD modeling results. 5. The project is located in the City's storm water management overlay district and must meet the requirements of section 12.03 in the City's Land Development Regulations (LDRs). a. Section 12.03.E(2) requires that culverts or other drainage facilities (e.g. swales) be sized to accommodate potential runoff from the entire upstream drainage area assuming the total potential development of upstream drainage areas. The applicant must determine if the area labeled as DA4 in drainage maps has the potential for additional development. If so, build out of this area must be included in modeling so that the ability of swales and pipes to convey water during the 25 year storm event can be evaluated. This evaluation should include the section of pipe downstream of the proposed 30" opening. The area on the east side of Spear is approximately 9 Acres — which based on current density could lead to 10 future units. Each of these lots could reasonably be expected to disturb more than a half - acre of earth, which triggers the jurisdiction of the Stormwater Management Overlay District. Any additional development proposed east of Spear Street, therefore, would be responsible for ensuring the same proposed hydrologic conditions are maintained at the existing rate for both the one-year and 25-year storm events. The applicant therefore finds that the proposed swales provide sufficient capacity, since no increase in peak discharge in the future is anticipated, and would be controlled at pre-existing rates. Furthermore, there is additional free -board capacity in the proposed diversion off -site swale of 1.23 feet during a 25-year storm event. 6. Per section 12.03.F the applicant shall supply record drawings for the project. Confirmed. 7. The DRB should consider including a condition that requires all stormwater treatment and conveyance infrastructure be properly maintained. Thank you for the opportunity to comment. SD 14 38 1741 SpearStreet SynergyDevelopmentLLC 3unit PUD ffd. doc - 8 — #SD-14-38 -Tom Thomas J. DiPietro Jr. Deputy Director Department of Public Works The Board finds this criterion to be met. (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. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. The applicant's proposed utilities (water, sewer, gas, and stormwater) are addressed elsewhere in these comments. The Board finds this criterion to be met. (A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The Board finds the project to be consistent with the Comprehensive Plan. 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: 14.06(8)(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. 14.06(8)(2) Parking 14.06(8)(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 is a proposed single family development of three homes served by a single driveway. Adequate space for parking on each lot is provided. Substantial amounts of trees and vegetation will remain as building on the two back lots will be limited to a building envelope. In addition, planting of new shrubs and trees will occur. The applicant has stated that the proposed homes will be less than 28 ft. in height. The Board finds this criterion to be met. 14.06(8)(4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. This criterion is not applicable to this project. SD 14 38 1741 SpearStreet SynergyDevelopmentUC 3unit PUD ffd. doc - 9 — #SD-14-38 14.06(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. 14.06(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. These two criteria are not applicable to homes on single family lots. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: 14.07 Specific Review Standards A. Access to Abutting Properties. 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. No reservation of land is required nor is such a need anticipated. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. The applicant's plan did not indicate the location of wire -served utility lines. The Board finds that the applicant will revise the plan to include such locations and that such lines shall be underground. C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (ie, non-dumpster, non -large drum) shall not be required to be fenced or screened. No dumpsters are necessary as the development consists of single family homes likely to be serviced via family sized totes. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. 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. The costs of street trees are above and beyond this minimum landscape requirement. When a planting plan is submitted as part of preliminary and final plat review, it will be submitted to the City Arborist for review and comment. SD 14 38 1741 SpearStreet SynergyDevelopmentLLC 3unit PUD ffd. doc - 10 — #SD-14-38 A landscape plan has been submitted dated 12/2/2014 which proposes 66 trees and shrubs with a value of $6,370. However, as these are single family homes on single lots, no minimum landscaping requirement needs to be met. The City Arborist provided the following comments to staff in an email dated 12/18/14. Synergy Development LLC Trudell Consulting Engineers 12118114 Tree Protection Detail • Pruning of limbs on any trees to be retained must conform with the ANSI A300 Pruning Standard • Disturbances within tree protection zones is unacceptable throughout the entire length of the project. Taking down protective fencing to allow disturbance for even a brief period defeats the purpose of the tree protection measures. These plans are acceptable for the construction of the access road. Once locations of buildings and infrastructure are established a much more detailed landscape and tree protection plan will be necessary. The Board finds that the applicant shall comply with the City Arborist's recommendations. E911 Addresses The applicant shall submit E911 addresses for the proposed project, in conformance with the E911 addressing standards, prior to recording the final plat plans. Other Pursuant to Section 15.08 (D) of the LDRs, applicants are typically required to submit homeowner's association legal documents with the final plat application. The applicant is proposing that open space, utility and access easements be addressed in the deeds without creating a homeowner's association. The Board finds this to be acceptable and finds this criterion to be met. DECISION Motion by Bill Miller, seconded by Jennifer Smith to approve preliminary and final plat application #SD- 14-38 of Synergy Development, LLC, subject to the following conditions: 1. All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2. This project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. SD 14 38 1741SpearStreet SynergyDevelopmentLLC 3unit PUD ffd.doc - 11 — d #SD-14-38 3. The plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to recording the final plat plans. a. The plans shall be revised to comply with the Fire Department's recommendations. b. The landscaping plans shall be amended to incorporate the City Arborist's recommendations in an email to staff dated 12/18/14. c. The plans shall be revised to indicate the location of all utility lines and that all such lines shall be underground. d. The plans shall be revised to include street addresses in compliance with the E-911 addressing standards. 4. The applicant shall obtain final water and wastewater allocation approval prior to the issuance of any zoning permits. 5. The Board grants a 15' waiver for a front setback of 15 ft. for Lot 1 in the R-2 District and a 25' waiver for a front setback of 25 ft. for Lot 2 in the R-1 District. 6. The applicant shall provide the Administrative Officer record drawings, per the requirements of Section 12.03F of the Land Development Regulations upon completion of the stormwater infrastructure improvements. 7. The applicant shall maintain all stormwater treatment and conveyance infrastructure. 8. The applicant shall comply with the recommendations of the Fire Chief as noted on page 4 of this decision. 9. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan should meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The South Burlington Stormwater Superintendent may visit the site as construction progresses to ensure compliance with this criterion. 10. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 11. Prior to recording the final plat plans, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 12. The mylar shall be recorded prior to any zoning permit issuance. 13. Any changes to the final plat plans shall require approval of the South Burlington Development Review Board. 14. The final plat plan (subdivision plat) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in SD 14 38 1741 SpearStreet SynergyDevelopmentLLC 3unit PUD ffd.doc - 12 — #SD-14-38 digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Brian Breslend Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Motion carried by a vote of 7— 0 — 0. Signed this S day of 2015, by Tim Barritt, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). SD 14 38 1741 SpearStreet SynergyDevelopmentLLC 3unit PUD ffd. doc - 13 —