Loading...
HomeMy WebLinkAboutSD-14-14 - Decision - 0111 Upswept LaneCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SNYDER SOUTH POINTE LIMITED PARTNERSHIP —111 UPSWEPT LANE PRELIMINARY AND FINAL PLAT APPLICATION #SD-14-14 FINDINGS OF FACT AND DECISION Preliminary & final plat application #SD-14-14 of The Snyder South Pointe Limited Partnership to amend a previously approved planned unit development consisting of 32 single family dwellings. The amendment consists of removing one (1) single family dwelling and replacing it with four (4) single family dwellings, 111 Upswept Lane. The Board held a public hearing on this application on June 3, 2014. Chris Snyder & Andy Rowe 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 The Snyder South Pointe Limited Partnership filed application #SD-14-14 to amend a previously - approved planned unit development consisting of 32 single family dwellings. The amendment consists of removing one single-family dwelling and replacing it with four single-family dwellings at 111 Upswept Lane. 2. The application was received on May 2, 2014. 3. The subject property is located in SEQ-NR, & SEQ-NRP Zoning Districts and the Stormwater Management Overlay District. 4. The applicant submitted a five -page set of plans; the cover sheet is entitled, "Unsworth Homestead South Pointe Lot #32 Upswept Drive South Burlington, VT Site Plan", prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated 3/14/14. PROJECT DESCRIPTION The Snyder South Pointe Limited Partnership seeks preliminary and final plat approval to remove one (1) single family dwelling and replace it with four (4) single family dwellings at 111 Upswept Lane. This is a four unit residential Planned Unit Development (PUD), consisting of four single family homes to replace one existing single family home owned by the Unsworth family. The overall project is on a 27.2 acre lot; lot #32, the subject of this application, is 1.21 acres in size, and is located in the Southeast Quadrant (SEQ) at what was previously known as 1700 Spear Street. Portions of the property also fall within the Bartlett Brook Watershed Protection District and the Dorset Park View Protection Zone D. CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 14 14 111 UpsweptLn 4unitPUD prelim final ffd During sketch plan review, the applicant prepared detailed plans showing the new homes as they relate to architectural design and density, and this resolved concerns raised at that time. Questions about delineating the private residential lots from adjoining City -owned open, common land were resolved by acknowledging the dense, existing tree line/hedgerow that exists along that boundary. To ensure this remains, the applicant/landowners are prohibited from cutting or removing any of these trees or shrubs unless they are diseased, dying, or deemed hazardous. Many other aspects of technical review already exist upon the ground and are not changing as a result of this application: street location/design, sidewalk, street trees... New E-911 addresses are proposed. A transfer of development rights for three (3) dwelling units is required, and an agreement to purchase these from the Diane J. Wessel Trust is submitted for the record. One waiver is sought here, a side yard setback reduction from ten feet to nine feet between footprint lot 32A and the westerly property line of lot 32. No issues or concerns were raised on this issue. The applicant also seeks approval for footprint lots for the new homes, but does not change the proposed or permissible density as long as the TDRs are actually implemented. As with other cases, these footprint lots are for the convenience of the applicant and the homeowners, but are not recognized by the City for purposes of the LDRs. So they exist on the plat but not really in law. The applicant also seeks a credit in the calculation of the required expenditure for landscaping. According to the narrative, the required landscaping budget based on construction cost would be $19,100. Applicant proposes spending $10,420, and requests that the Board credit the balance for the significant and well established tree/hedge line along the northerly boundary of the lot as shown in the aerial photo submitted. Documentation from an unknown source estimates the value of these trees at $62,300. Given the site -specific circumstances present here, and as long as applicant/homeowners are prohibited from cutting or removing trees/shrubs/vegetation along that northerly boundary (except if diseased, dying, or hazardous), then the Board accepts applicant's request to reduce the required amount of new landscaping for this project. Zoning District & Dimensional Requirements SEQ-NR J_ Zoning District Requirement/Limitation Proposed * Min. Lot Size 12,000 SF 2800 SF (footprint lot) or an average of 13,176 sq. ft. per lot were the lot divided into 4 lots • Max. Base Density 1.2 units/acre base density= 1 unit 4 units — needs 3 TDRs • Max. Density 4 units/acre TDR density= 4.84 units ♦ Max. Building Coverage 15% 22.6% ♦ Max. Total Coverage 30% 28.3% Min. Front Setback 20 ft. 20' * Min. Side Setback 10 ft. Generally met; requests waiver to 9' for building 32A Min. Rear Setback 30 ft. >30 ft. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 14 14 111 UpsweptLn 4unitPUD prelim final ffd zoning compliance * waiver requested, the waiver for minimum lot size and maximum building coverage are not needed when a "Notice of Conditions" is approved. The only waiver needed is the side setback for building 32A. ♦ Building & overall coverage indicated is for the overall PUD. Even though these coverages for the individual lot being developed exceeds the maximum, in a PUD, the entire PUD is used for coverage calculations and in this case, the limits are not exceeded. + At 4 units per acre as proposed, the 1.21 acres would allow up to 4.84 units. Therefore, the applicant needs and proposes three transferred development rights. The applicant has submitted a legal document pertaining to the options for TDRs that to be reviewed by the City Attorney. Ultimately, the development rights must be purchased by the applicant as a part of any final plat approval, and all required documents and surveys of this property, and that from which the development rights were severed, must be approved by the City Attorney and then recorded in the land records. All required TDRs shall be transferred prior to the issuance of a zoning permit for the 2"d unit. The Board finds these issues satisfied. SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations (SBLDR), subdivisions shall comply with the following standards and conditions: 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 standards for this criterion are found below in a review of the regulations of the Southeast Quadrant. These four (4) new units are designed in a manner consistent in size, form, and layout with the rest of the previously approved and built out neighborhood. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The subdivision of this property conforms with the South Burlington Comprehensive Plan. Southeast Quadrant District This proposed subdivision is located in the Southeast Quadrant district. Therefore it is subject to the provisions of Section 9 of the SBLDR. 9.06 Dimensional and Design Requirements Applicable to All Sub -Districts The following standards shall apply to development and improvements within the entire Southeast Quadrant Zoning District. A. Height. (1) The maximum height of any occupied structure in the SEQ-NRP, SEQ-NRT, or SEQ-NR sub -district CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 14 14 111 UpsweptLn 4unitPUD prelim final ffd shall not exceed forty-five feet (45'); the waiver provisions of Section 3.07(E) shall not apply to occupied structures in these sub -districts. The Table of Uses and Dimensional Standards (Appendix C) also specifies the maximum building height for the SEQ-NR District. The maximum height for principal buildings (flat) is 25 feet, and the maximum height for principal buildings (pitched) is 28 feet. Maximum story heights also apply. The applicant confirmed that the buildings will comply with the height limit. B. Open Space and Resource Protection. (1) Open space areas on the site shall be located in such a way as to maximize opportunities for creating usable, contiguous open spaces between adjoining parcels As noted above, there exists a significant tree Iine/hedgerow along the northerly boundary which effectively creates a natural buffer between the new homes and the City park land. Applicant/homeowners are prohibited from cutting or removing trees/shrubs/vegetation along that northerly boundary, except if diseased, dying, or hazardous. (2) Building lots, streets and other structures shall be located in a manner consistent with the Regulating Plan for the applicable subdistrict allowing carefully planned development at the average densities provided in this bylaw. The street already exists. Lots are oriented to the existing street. (3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant. Common open space already exists as lot #36, 15.16 acres in size, from the original project approval. It includes a stormwater pond, open field, wetland area, and wooded land. The common land must remain undeveloped, and available for use by all residents of the PUD. Association documents shall also include provisions for maintenance of the land. (4) Sufficient grading and erosion controls shall be employed during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the Development Review Board may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. Comments on the proposed project are under review by the Director of Public Works and the City Stormwater Superintendent. 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. (5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or primary or natural community areas and buffers in a manner that is aesthetically compatible with the surrounding landscape. Chain link fencing other than for agricultural purposes shall be prohibited within PUDs; the use of split rail or other fencing made of natural materials is encouraged. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 14 14 111 UosweotLn 4unitPUD prelim final ffd Unit 32D will be constructed within the wetland buffer and the extension of Parkside Drive will run right through the wetland itself, so the Board does not find a need for landscaping or fencing to protect this wetland and buffer. C. Agriculture. The conservation of existing agricultural production values is encouraged through development planning that supports agricultural uses (including but not limited to development plans that create contiguous areas of agricultural use), provides buffer areas between existing agricultural operations and new development, roads, and infrastructure, or creates new opportunities for agricultural use (on any soil group) such as but not limited to community -supported agriculture. Provisions that enhance overall neighborhood and natural resource values rather than preservation of specific soil types are strongly encouraged. See discussion under Section 9.06(B) D. Public Services and Facilities. In the absence of a specific finding by the Development Review Board that an alternative location and/or provision is approved for a specific development, the location of buildings, lots, streets and utilities shall conform with the location of planned public facilities as depicted on the Official Map, including but not limited to recreation paths, streets, park land, schools, and sewer and water facilities. (1) Sufficient water supply and wastewater disposal capacity shall be available to 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. According to Section 15.13 of the LDRs, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system, as proposed here. Final wastewater allocations shall be obtained prior to issuance of a zoning permit for any of these new homes. (2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. The Public Works Dept. commented on this project in an email dated 6/2/14 as follows: I understand that this lot is going through the State stormwater permit process to obtain a permit separate from the existing South Pointe neighborhood pennit, and that the new properties will become part of the South Pointe Homeowners Association. The South Pointe HOA is currently working to transfer their existing stormwater infrastructure to the City. They will likely turn over the stormwater infrastructure associated with this proposed new development at some future date. In anticipation of this, I would like to make the following suggestions: o The applicant should plan ahead for this transfer by defining maintenance access to the dry swales. In particular, access to dry swale 1 should be considered. CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 14 14 111 UpsweptLn 4unitPUD prelim final ffd o Proposed maintenance easements should be shown on the plat. o The City's typical minimum pipe size is 15". Any pipe that the applicant will request the City take over in the future must meet this minimum standard. A one way valve should be installed on the footing drain that enters into the new CB in dry swale #2. (3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is consistent with City utility plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. No changes are proposed to any prior agreements and approvals. A sidewalk exists along the street. (4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for evaluation including, but not limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. The Fire Chief had no comments or concerns about the project. E. Circulation. The project shall incorporate access, circulation and traffic management strategies sufficient to prevent unsafe conditions on of adjacent roads and sufficient to create connectivity for pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles between neighborhoods. in making this finding the Development Review Board may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. As the street already exists, and the proposed footprint lots are consistent with the development pattern in the existing neighborhood, circulation on the site should be adequate. (1) Roads shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. The previously approved plans already provide for potential connections to adjacent properties, planned and unplanned, developed and undeveloped. (2) Roads shall be designed in a manner that is consistent with City roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. Roads on site were previously approved and constructed. (3) The provisions of Section 15.12(D) (4) related to connections between adjacent streets and neighborhoods shall apply. Already covered above. The Board finds these criteria satisfied. CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 14 14 111UpsweptLn 4unitPUD prelim final ffd 9.07 Regulating Plans A. Description and Regulatory Effect. B. General Provisions (1) The Regulating Plan shall apply to new development within the SEQNRT, SEQ-NR, SEQ-VR and SEQ-VC sub -districts. (2) All residential lots created on or after the effective date of this bylaw in any SEQ sub -district shall conform to a standard minimum lot width to depth ratio of one to two (1:2), with ratios of 1:2.5 to 1:5 recommended. Lot #32 exists today with the original house, and as approved in the original decision. No changes are proposed to the dimensions nor proportions. The proposed PUD will consists of four housing units on this lot, arranged in a fashion that the Board finds consistent with the intent of this section and with the existing neighborhood as approved previously and on the ground today. The footprint lots are acknowledged for purposes of the applicant and the homeowners, but are not recognized for purposes of the LDRs. C. Street, Block and Lot Patterns (1) Overall Criteria: Development criteria within the Street, Block and Lot Pattern section are intended to provide pedestrian -scaled development patterns and an interconnected system of streets that allow direct and efficient walking and bicycling trips, and decrease circuitous vehicular trips. (2) Street Design: The intention of street design criteria is to provide a system of attractive, pedestrian - oriented streets that encourage slower speeds, maximize connections between and within neighborhoods, and contribute to neighborhood livability. (3) Building Design: The intention of the building design guidelines is to ensure that new housing and commercial development reinforce a pedestrian friendly environment, while allowing creativity in design. The street already exists. The proposed footprint lots are generally consistent with the existing neighborhood, although more rectangular in shape. A sidewalk exists today across lot #32. D. Parks Design and Development See discussion under Section 9.06(B) The Board finds these criteria satisfied. 9.08 SEQ-NRT and SEQ-NR Sub -Districts; Specific Standards The SEQ-NR and SEQ-NRT sub -districts have additional dimensional and design requirements, as enumerated in this Section. A. Street, block and lot pattern. (1) Development blocks. Development block lengths should range between 300 and 500 linear feet. If it is unavoidable, blocks 500 feet or longer must include mid -block public sidewalk or recreation path connections. (2) Interconnection of Streets (a) Average spacing between intersections shall be 300 to 500 feet. CITY OF SOUTH BURLINGTON 8 DEVELOPMENT REVIEW BOARD DEPARTMENT OF PLANNING & ZONING SD 14 14 111 UpsweptLn 4unitPUD prelim final ffd (b) Dead end streets (e.g. culs de sac) are strongly discouraged. Dead end streets shall not exceed 200 feet in length. (c) Street stubs are required at the end of dead end streets to allow for future street connections and/or bicycle and pedestrian connections to open space and future housing on adjoining parcels per section 15.12(D)(4). (3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line and connected to adjacent parcels per section 15.12(D)(4) of these Regulations. Posting signs with a notice of intent to construct future streets is strongly encouraged. The street and any such connections already exist. (4) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. See above under Section 9.07 (B). B. Street, Sidewalk & Parking Standards (1) Street dimensions and cross sections. Neighborhood streets (collector and local) are intended to be low -speed streets for local use that discourage through movement and are safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall be asset forth in Tables 9-1 and 9-2, and Figures 9-4 and 9-5 below. The street already exists. (2) Sidewalks. (a) Sidewalks must be a minimum of five feet in width with an additional minimum five- foot planting strip (greenspace) separating the sidewalk from the street. (b) Sidewalks are required on one side of the street. A sidewalk exists today across the frontage of lot #32. (3) Street Trees (a) Street trees are required along all streets in a planting strip a minimum of five feet wide. (b) Street tree types shall be large, deciduous shade trees with species satisfactory to the City Arborist. Street trees to be planted must have a minimum caliper size of 2.5 to 3 inches DBH, and shall be planted no greater than thirty feet (30') on center. Street trees already exist along the frontage of lot #32. A new street tree with a value of $700 will be planted to replace an existing street tree to be removed. (4) On -street parking. Sufficient space for one lane of on -street parking shall be provided on all streets except for arterials outside of the SEQ-VC and SEQ-VR sub -districts. The street already exists. (5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and to slow traffic. CITY OF SOUTH BURLINGTON 9 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 14 14 111 UosweotLn 4unitPUD prelim final ffd The street already exists. (5) Street and sidewalk lighting. Pedestrian -scaled light fixtures (e.g., 12' to 14') shall be provided sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels should be consistent with the lower -intensity development patterns and character of the SEQ with lower, smoother levels of illumination (rather than hot -spots) and light trespass minimized to the lowest level consistent with public safety. These already exist in the neighborhood; no changes or additions are proposed across lot #32. C. Residential Design (1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for single family and multi family buildings must face the street. Secondary building entries may open onto garages and/or parking areas. (Special design guidelines apply to arterial streets; see Section 9.11). A minimum of thirty-five percent (35%) of translucent windows and surfaces should be oriented to the south. (2) Building Facades. Building facades are encouraged to employ a theme and variation approach. Buildings should include common elements to appear unified, but facades should be varied from one building to the next to avoid monotony. Front porches, stoops, and balconies that create semi -private space and are oriented to the street are encouraged. (3) Front Building Setbacks. A close relationship between the building and the street is critical to the ambiance of the street environment. (a) Buildings should be set back twenty-five feet (25') from the back of sidewalk. (b) Porches, stoops, and balconies may project up to eight feet (8') into the front setbacks. (4) Placement of Garages and Parking. For garages where the vehicle entrance is parallel to the front building line of a house, the front building line of the garage must be set behind the front building line of the house by a minimum of eight feet. The DRB may waive this provision for garages with vehicle entries facing a side yard, provided that (i) the garage is visually integrated into the main house and (ii) the front building line of the garage is no more than eight (8) feet in front of the front building line of the house. Rear alleys are encouraged for small lot single-family houses, duplexes and townhouses. (5) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and affordability is encouraged within neighborhoods and developments. These should be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near -identical units. House designs have been be submitted as a part of this application including a letter from the applicant dated 2/12/14 addressing the Board's concerns expressed at the sketch plan hearing. The footprint plan indicates that the homes will have the garage set back at least eight (8) feet from the front open porches. The Board finds these criteria satisfied. LANDSCAPING- Street Trees CITY OF SOUTH BURLINGTON 10 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 14 14 111 UpsweptLn 4unitPUD prelim final ffd Pursuant to Chapter 9 of the LDRs, the following applies with respect to street trees: Street Trees (a) Street trees are required along all streets in a planting strip a minimum of five feet wide. (b) Street tree types shall be large, deciduous shade trees with species satisfactory to the City Arborist. Street trees to be planted must have a minimum caliper size of 2.5 to 3 inches DBH, and shall be planted no greater than thirty feet (30') on center. Street trees exist today in the street right-of-way along the front of lot #32. As noted above, a new street tree will be planted to replace an existing street tree to be removed. LANDSCAPING- Bonding Bonding is required for the landscaping around the new houses. As noted above, applicant seeks a reduction in required expenditure for landscaping. According to the narrative, the required landscaping budget based on construction cost would be $19,100. Applicant proposed spending $10,420, hoping that the Board would credit him with the balance for the significant and well established tree/hedge line along the northerly boundary of the lot as shown in the aerial photo submitted. Documentation from the applicant estimates the value of these trees at $62,300. The Board finds this information acceptable, and approves the applicant's request to decrease the value of new landscaping required from $19,100 to $10,430. However, for purposes of equity and consistency, the applicant will be required to bond for the minimum landscaping amount of $19,100 that would otherwise be required under the LDRs. 12.02 Wetland Protection Standards and Review Procedures E. Standards for Wetlands Protection (2) Encroachment into Class 11 wetlands is permitted by the City only in conjunction with issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3) below. (3) Encroachment into Class 11 wetland buffers, Class 111 wetlands and Class 111 wetland buffers, may be permitted by the DRB upon finding that the proposed project's overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards, (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. The project involves encroachment in class 11 wetland and wetland buffers. The wetland issues are CITY OF SOUTH BURLINGTON 11 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 14 14 111UpsweptLn 4unitPUD prelim final ffd addressed in a Functional Evaluation submitted by Lamoureux & Dickinson Engineers dated 3/14/14. The Board finds this information acceptable and that project will achieve the standards for wetland protection listed above. The Board will condition this approval on obtaining a copy of the ANR wetland permit. DECISION Motion by Bill Miller, seconded by Jennifer Smith, to approve preliminary and final plat application #SD- 14-14 of Snyder South Pointe Limited Partnership, LLP, subject to the following stipulations: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 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. 3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 4. Prior to the issuance of a zoning permit for the 2"d dwelling unit, the applicant shall record the document entitled, "Density Reduction Easement and Transfer of Development Rights" and a survey of the area from which the three (3) transferable development rights have been severed as required under 24 V.S.A § 4423(b) (4), upon approval of the City Attorney in the South Burlington land records. 5. Any stormwater permit required from the Vermont Department of Environmental Conservation (DEC) Stormwater Division shall be provided to the Administrative Officer prior to the recording of the final plat plan (mylar). 6. A copy of the issued wetland permit from the Vermont Department of Environmental Conservation shall be submitted to the Administrative Officer prior to the recording of the final plat plan (mylar). 7. The final plat 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 survey plat shall be revised to include the signature and seal of the land surveyor. b. The applicant shall revise the plans to define maintenance access to the dry swales. In particular, access to dry swale 1. c. The plans and the plat shall be revised to show the proposed maintenance easements. d. The plans shall be revised to show all culverts to be accepted by the City to be a minimum of 15". e. The plans shall be revised to show a one way valve installed on the footing drain that enters into the new CB in dry swale #2. 8. Any required final wastewater allocations needed from the City shall be obtained before any zoning permit may be issued for any of these new homes. 9. The proposed project must adhere to standards for erosion control in Section 16.03 of the LDRs. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the LDRs. With that I CITY OF SOUTH BURLINGTON 12 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 14 14 111 UpsweptLn 4unitPUD prelim final ffd condition, the Board finds this criterion satisfied. 10. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 11. All exterior lighting shall be shielded and downcast. 12. The Board grants the applicant a landscaping credit of $8,600 for the value of the existing tree line along the property's northerly line. 13. Prior to permit issuance, the applicant shall post a landscaping bond of $19,100 as described in the Findings of Fact above. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 14. To protect the existing, dense tree line/hedgerow at the rear of the property which separates this lot from the adjoining, City -owned land, applicant/homeowners are prohibited from cutting or removing any of these trees or shrubs unless they are diseased, dying, or deemed hazardous. 15. Prior to issuance of a zoning permit for the first house, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 16. For purposes of the Land Development Regulations, all the lots included in this subdivision shall be considered one (1) lot. The applicant shall record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plan. 17. The applicant shall generally adhere to the house designs as described in a letter to staff dated 2/12/14 and as shown on the Streetscape plan dated 2/11/14. 18. The Board grants a setback waiver for the house on lot #32A to be only nine (9) feet from the side lot line instead of 10 feet. 19. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 20. The mylar shall be recorded prior to any zoning permit issuance. 21. The final plat plans (sheet 1 & the survey plat) shall be recorded in the land records within 180 days or this approval is null and void. The plans 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 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 Art Klugo — vea nay abstain not present Bill Miller— vea nay abstain not present David Parsons vea nay abstain not present Jennifer Smith — vea nay abstain not present John Wilking — yea nay abstain not present CITY OF SOUTH BURLINGTON 13 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 14 14 111 Upsweptl-n 4unitPUD prelim final ffd Motion carried by a vote of 6 — 0 —1 Signen 2014, by Tim Barritt, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermont*udiciarV.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.