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HomeMy WebLinkAboutSD-03-28 - Decision - 1700 Spear StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD 6-LOT, 32-UNIT PLANNED UNIT DEVELOPMENT THE SNYDER GROUP, INC. PRELIMINARY PLAT APPLICATION #SD-03-28 FINDINGS OF FACT, CONCLUSIONS & DECISION The Snyder Group, Inc., hereafter referred to as the applicant, is requesting preliminary plat approval for a Planned Unit Development (PUD) consisting of 32 single family units on 5 lots and a 13.86 acre open space lot at 1700 Spear Street. The South Burlington Development Review Board (DRB) held a public hearing on June 3, 2003. Mark Lords and Engineer Andrew Rowe represented the applicant. FINDINGS OF FACT The applicant, is requesting preliminary plat approval for a PUD consisting of 32 single family units on 5 lots and a 13.86 acre open space lot at 1700 Spear Street. 2. The subject property contains 27.2 acres and is located in the Southeast Quadrant (SEQ) at 1700 Spear Street. Portions of the property also fall within the Bartlett Brook Watershed Protection (BBW) and the Scenic View Protection (SV) Overlay Districts. 3. The application must comply with the South Burlington Land Development Regulations adopted by the City Council on May 12, 2003. CONCLUSIONS ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Thirty-one new single family homes are proposed, each on its own footprint, or envelope lot. The individual envelope lots will be surrounded by common space. Lots 1 through 31, corresponding to the single family home lots, will require waivers from the minimum required 12,000 SF lot size. 2. To comply with the minimum required setbacks and the maximum allowable building and overall coverage for the SEQ District, the DRB concludes that the envelope lots (Lots 1 through 31) and the common land lots (Lots 33 through 36) shall be considered one lot. Accordingly, the applicant must prepare and record a "Notice of Condition" approved by the City Attorney, which states that the envelope lots and the common land lots shall be considered one lot. SEQ Restricted Areas 3. Pursuant Section 9.07 of the Land Development Regulations, the construction of roads to serve approved development is allowed within SEQ restricted areas. In addition, utilities must be placed underground and public recreation paths are FINDINGS OF FACT, CONCLUSIONS & DECISION SNYDER 6-LOT, 32-UNIT PUD PRELIMINARY PLAT #SD-03-28 allowed. The plans show proposed public streets, a 20 ft. recreation path easement, underground wastewater mains, and underground water mains passing through SEQ restricted areas. In addition, a number of the proposed new residences fall within SEQ restricted areas, including all or significant portions of units 1through 7, 17, 18, 26 and 29. Pursuant to Section 9.09(B) of the regulations, the DRB may allow residential development within SEQ restricted areas in connection with the approval of a PUD. In such a case, the DRB must determine that the PUD is consistent with the intent and purposes of the SEQ District. 4. The subject property contains 3 north to south bands of SEQ development area between 5 north to south bands of SEQ restricted area. The proposal involves clustering the development westerly near existing residential development on the subject property and on adjoining properties. This would allow the preservation of wooded wildlife habitat within a development area at the easterly end of the property. The DRB concludes that the proposed residential cluster on the westerly side of the property is preferable in order to protect existing wooded wildlife habitat corridors. Wetland Encroachments 5. The subject property contains wetlands as indicated on the South Burlington wetlands map and on the applicant's plans. Any wetlands, including a 50 ft. buffer are protected from development activities pursuant to Section 12.02 of the Land Development Regulations. Wetlands Scientist Brian Tremback delineated class 3 wetlands on the subject property and evaluated impacts of the proposed development on the wetlands. Easements for underground utilities, a recreation path, and public streets are proposed to cross wetland and wetland buffer areas. Any proposed wetland or wetland buffer impacts must comply with the standards set forth in Section 12.02(E) of the Land Development Regulations. Specifically, the DRB may allow encroachments into class 3 wetlands and class 3 wetland buffers upon finding that the overall proposed development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately. 6. Wetlands Scientist Brian Tremback concluded that the "lack of depressions capable of holding runoff and the lack of restricted outlets" prevent the wetlands on the subject property from providing significant water storage functions. The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards. 7. The applicant has proposed a stormwater treatment system that will provide water quality treatment. The existing wetlands provide limited water quality \drb\sub\u nsworth\SD-03-28.fcd.doc 2 FINDINGS OF FACT, CONCLUSIONS & DECISION SNYDER 6-LOT, 32-UNIT PUD PRELIMINARY PLAT #SD-03-28 treatment of runoff. It is likely that the proposed stormwater treatment system will enhance water quality treatment on the subject property. The impact of the encroachment(s) on the specific wetland functions and values is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. 8. Wetlands Scientist Brian Tremback evaluated the specific wetland functions and values on the subject property relative to the proposed development. As already noted the wetlands provide limited water storage functions. In terms of providing fish habitat, Mr. Tremback noted that the class 3 wetlands do not support fish or border open water habitats, but that an existing pond on the subject property will be retained. Mr. Tremback also concluded that the wetlands do not provide significant wildlife habitat due to low species diversity and lack of surface water. The wetlands do not provide habitat for hydrophytic vegetation or endangered or threatened species. 9. In a presentation to the Natural Resources Committee (NRC) on May 1, 2003, Mr. Tremback noted that the wetlands on the easterly side of the property are functionally more significant than those on the westerly side of the property where development is proposed. In conclusion, the clustering of development to protect existing woodlands and other open space, the proposed stormwater treatment system, and extensive landscaping on the developed portions of the property combine to minimize the impacts of the proposed wetland encroachments. The NRC recommended approval of the preliminary plat application subject to 11 conditions, as indicated in the NRC Motion dated May, 1, 2003. REVIEW CRITERIA FOR SUBDIVISIONS & PUDs Section 15.12 of the Land Development Regulations establishes street and parking standards for subdivisions and PUDs according to the following categories: Street Layout 10. Pursuant Section 15.12(A) of the Land Development Regulations, proposed streets shall be arranged to provide for the continuation of streets of adjoining existing and future subdivisions. Accordingly, the proposal provides over 500 ft. of a planned future public road as depicted on the Southeast Quadrant Official Zoning Map. Topography 11. Section 15.12(B) of the Land Development Regulations requires streets to be logically located relative to topography so as to provide usable lots, reasonable grades, and safe intersections. In addition adequate storm drainage of streets must be provided. Roadway profiles and stormwater plans were reviewed by City Engineer Bill Szymanski for compliance with these standards. Mr. Szymanski requested a number of changes to the plans and a number of conditions that must \drb\sub\u nsworth\SD-03-28.fcd.doc 3 FINDINGS OF FACT, CONCLUSIONS & DECISION SNYDER 6-LOT, 32-UNIT PUD PRELIMINARY PLAT #SD-03-28 be met by the developer in his review. The plans need to be revised to address Mr. Szymanski's comments. Private vs. Public Roadways 12. Section 15.12(C)(3) of the Land Development Regulations establishes criteria for determining whether a proposed street can be private. The proposed private street for units 29 through 31 meets the criteria for private roadways as set forth in the regulations. The DRB concludes that the private street serving units 29 through 31 is appropriate for the proposed development. The applicant must submit draft homeowner's association bylaws and/or draft deeds that detail the management and maintenance plans for this street. Roadway Construction 13. Pursuant to Section 15.12(D), local public streets shall have a minimum right-of-way width of 50 ft., collector streets shall have a minimum right-of-way width of 60 ft., and arterial streets shall have a minimum right-of-way width of 80 ft. The plans show an 80 ft. wide right-of-way for the planned future public street, which will become a collector street, and 60 ft. right-of-way widths for the proposed local streets. Pavement width is shown to be 28 ft., which meets the required standard for local streets. Curbs are proposed for all public streets within the development. The DRB concludes that 28 ft. is appropriate for the planned future public street at this time, provided that base course for a 30 ft, wide collector street is provided. 14. Pursuant to Section 15.12(D), maximum grade for local streets is 10%. The plans include roadway profiles that demonstrate compliance with this standard. Maximum grade for collector streets is 8%. The roadway profile for Street "C" demonstrates compliance with this standard. Entrances 15. Pursuant to Section 15.12(E), the nearest signalized intersection(s) shall maintain an overall level of service "D" or better including the impact of the proposed development. The project access makes use of an existing curb cut on Spear Street. The nearest signalized intersection is at the comer of Swift Street and Spear Street. The applicant has provided estimates of vehicular trip generation based on Institute of Transportation Engineers (ITE) data. These data indicate that the development will generate approximately 37 vehicle trip ends (vte) at the PM peak hour and a total of 297 vte per weekday. The DRB concludes that these levels are not significant for the area and do not warrant a traffic analysis. Emergency Access 16. Pursuant to Section 15.12(F), all streets shall be of sufficient width and shall be located to facilitate fire protection. Accordingly, Fire Chief Doug Brent must review and approve the plans prior to final plat approval. \d rb\s ub\u nsworth\SD-03-28.fcd.doc 4 FINDINGS OF FACT, CONCLUSIONS & DECISION SNYDER 6-LOT, 32-UNIT PUD PRELIMINARY PLAT #SD-03-28 Internal Circulation & Parking 17. Two-way vehicular circulation is proposed throughout the proposed development. In addition, sufficient parking for each residential unit is provided within attached garages and exterior parking spaces in front of each garage. Street Jogs 18. Section 15.12(I) of the Land Development Regulations prohibits street jogs with centerline offsets of less than 200 ft. The proposed private street "A" intersects Spear Street at approximately 350 ft. south of Pheasant Way. No other street jogs are created by this proposal. Cul-de-sacs 19. Section 15.12(J) of the Land Development Regulations stipulates that the length of a cul-de-sac shall be subject to review and approval of the Fire Chief. The proposed cul-de-sacs occur on the planned collector street and are relatively short. Nonetheless, the Fire Chief should review the terminal turnaround designs at each end of the road. Street Names 20. Section 15.12(K) of the Land Development Regulations requires that streets are identified by name on the final subdivision plat. Therefore, the applicant must submit alternative proposed names for each street within the development to be considered by the Planning Commission prior to final plat preparation and submission. Street Signs & Numbering 21. The required street signs and posts shall be provided and installed by the City at the expense of the applicant pursuant to Section 15.12(L) of the Land Development Regulations. Sidewalks & Recreation Paths 22. Section 15.12(M) of the Land Development Regulations requires that sidewalks and/or recreation paths be installed on one side of local public street. No sidewalks are shown on the plans. The plans show a 20 ft. wide pedestrian easement on the proposed common open space Lot 37. The South Burlington Recreation Path Committee (RPC) reviewed the plans at its June 2, 2003 meeting and commented that sidewalks should be provided. The DRB concludes that sidewalks are required and must be connected along all public street throughout the development. 23. The City has designated a future public park on the adjoining property to the north of the subject property. The DRB concludes that the plans should be revised to show a 5 ft. wide pedestrian easement between units 9 and 32 to provide direct \drb\sub\u nsworth\SD-03-28.fcd.doc 5 FIN&WGS OF FACT, CONCLUSIONS & DEGSION SNYDER 6-LOT, 32-UNIT PUD PRELIMINARY PLAT #SD-03-28 access to the future public park from Public Street "B" within the proposed development. Easements 24. Utility easements of appropriate width shall be provided in locations deemed necessary by the City Engineer. The plans show water and sewer lines within the proposed street rights -of -way. An existing private 20 ft. wide sewer easement centered on the property line of the adjacent properties to the west is proposed to be extended across Lot 32 to Public Street "B" for a proposed public sewer line. In addition, the plans indicate 20 ft. wide sewer line easements crossing Lots 32 and 34, and an irregular easement on Lot 34 adjacent to Public Street "A" where the proposed sewer line passes close to the edge of the proposed right-of-way. Two additional easements and rights -of -way are delineated for the future operation and maintenance of proposed stormwater management facilities. In addition the plans need to be revised to show the pedestrian easements discussed above. Section 15.13 of the Land Development Regulations establishes standards for utility systems within subdivisions and PUDs according to the following categories: Water Service 25. Pursuant to Section 15.13(B) of the Land Development Regulations, the municipal water system shall be extended to provide adequate water supply at an acceptable pressure for the proposed development. City Water Superintendent Jay Nadeau reviewed the plans and provided comments regarding the proposed public water infrastructure. Mr. Nadeau noted that hydraulic modeling for the proposed development must be performed to determine the size of water lines necessary to provide sufficient flows and pressures. In addition, Mr. Nadeau noted that the water main paralleling Public Street "C" needs to be 12 inches in diameter. Pursuant to the South Burlington Water Ordinance, the City shall reimburse the developer for the difference in cost between the larger pipe and that which would be sufficient to serve the proposed development. Mr. Nadeau also noted that the water main on Public Street "C" must be extended to the northerly and southerly property lines along the proposed Public Street "C." Fire Protection 26. The City Fire Chief will need to review the plans and provide comments regarding fire protection measures within the proposed development. Sewage Disposal 27. Pursuant to Section 15.13(D)(4), the City Engineer must certify that available sewer capacity is sufficient to serve the proposed development. As noted by City Engineer Bill Szymanski during sketch plan review the existing Pheasant Way sewer may not have adequate capacity for the estimated additional flow of 12,000 gallons per day (gpd) from the proposed development. Upgrade of the existing municipal infrastructure may be necessary. \drb\sub\u nsworth\SD-03-28.fcd.doc 6 FINDINGS OF FACT, CONCLUSIONS & DECISION SNYDER 6-LOT, 32-UNIT PUD PRELIMINARY PLAT #SD-03-28 Utility Lines 28. Section 15.13(E) of the Land Development Regulations requires that utility lines be underground. Electrical and telephone lines are not shown on the layout and utility plan (Sheet 2). Stormwater Management 29. Section 15.13(F) of the proposed Land Development Regulations establishes stormwater management criteria for all new subdivisions. In particular, stormwater management must comply with the Vermont Stormwater Management Manual. In addition, because the subject property falls partially within the Bartlett Brook Watershed, the stormwater management plans must be submitted to Heindel and Noyes for inclusion in the Bartlett Brook Watershed computer model. The applicant has provided the plans to Matthew Murawski at Heindel & Noyes for incorporation into the City's computer model for the Bartlett Brook Watershed. Mr. Murawski concluded that the proposed stormwater system will successfully reduce peak flows without modifications. The Land Development Regulations establish additional standards for required improvements for subdivisions and PUDs. 30. Pursuant to Section 15.14(B), permanent reference monuments must be set at all lot comers and angle points of the boundaries of the subdivision. The plans include an overall perimeter boundary plat (Sheet 12) and a subdivision plat (Sheet 11) indicating appropriate monumentation. Permanent concrete monumentation must be set for all lot comers and angle points and as required by the City Engineer for proposed streets. Adequate monumentation is shown on the proposed subdivision plat (Sheet 11). 31. Pursuant to Section 15.17 of the Land Development Regulations, a final plat application must be accompanied by a Certificate of Title approved by the City Attorney showing the ownership of any easements to be dedicated or acquired by the City. All proposed legal documents purporting to convey property or easements to the City must also accompany the final plat application. In addition, the applicant must provide draft legal documents pertaining to the dedication of public infrastructure within the proposed development. Pursuant to Section 15.18 of the Land Development Regulations, the DRB shall consider the following in its review of subdivision and Planned Unit Development (PUD) applications: (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. \drb\sub\unsworth\SD-03-28 fcd.doc 7 FINDINGS OF FACT, CONCLUSIONS & DEwSION SNYDER 6-LOT, 32-UNIT PUD PRELIMINARY PLAT #SD-03-28 32. The applicant will need to obtain wastewater allocation approval from the Director of Planning and Zoning. As noted by Water Superintendent Jay Nadeau, water storage capacity is not yet available for the proposed development. (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. 33. Erosion control and grading plans are detailed on Sheets 3, 9, and 10 of the plans. Staff believes the plans are adequate. However, the plans must be revised to show locations of temporary silt fencing and hay bale check dams. (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. 34. As already indicated, the DRB has concluded that the proposed development does not warrant a traffic study. However, the applicant will need to pay the appropriate traffic impact fees upon submission of zoning permit applications for the units within the subject parcel. (d) 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. 35. The subject property does contain wetlands and wetland buffers that are affected by the proposed development. The NRC reviewed the proposed wetland impacts pursuant to Article 12 as indicated already in this report. The DRB supports the clustering of development westerly on the parcel to protect the more significant woodland wildlife habitat and wetlands on the easterly side of the property. 36. The plans show a 13.74-acre common open space lot consisting of the easterly leg of the subject property. This area includes woodland wildlife habitat as depicted on the SEQ Official Zoning Map. The DRB concludes that this open space lot is in keeping with the Comprehensive Plan and the regulations, and supports the clustering of development westerly of this open space lot. Furthermore, the proposed open space lot meets the SEQ criteria established in Section 15.18(B) of the Land Development Regulations. However, pursuant to Section 15.18(B)(6) the applicant must provide a plan describing the use and maintenance of the proposed open space lot. Accordingly, the applicant must provide details on the proposed \drb\sub\u nsworth\SD-03-28.fcdAoc 8 FINDINGS OF FACT, CONCLUSIONS & DECISION SNYDER 6-LOT, 32-UNIT PUD PRELIMINARY PLAT #SD-03-28 management and protection mechanisms for open space within the development. Such information may include draft homeowners association bylaws, deed covenants, or other draft legal documents. Pursuant to Section 26.15 of the Zoning Regulations, PRDs shall comply with the following standards and conditions: (a) Will protect important natural resources, including streams, wetlands, scenic views, wildlife habitats, and special natural features. 37. Some development is proposed within restricted areas as identified on the SEQ Official Zoning Map. The applicant has requested approval to locate units 1 through 7 within the restricted open space corridor parallel to Spear Street and units 17, 18, 26 and 29 within a restricted area corresponding to a planned public road as depicted on the City of South Burlington Official Map. The DRB may allow residential development within SEQ restricted areas provided it determines that such development is consistent with the purposes of the SEQ District. As indicated already, the DRB supports the proposed clustering of development westerly on the subject property to protect important wildlife habitat and wetlands on the easterly side of the property. (b) Will not have an undue adverse effect on the scenic or natural beauty of the area, is aesthetically compatible with surrounding developed properties and will protect rare and irreplaceable natural areas and historic sites. 38. No development is proposed within that portion of the subject property falling in the Dorset Park View Protection Zone D. The proposal includes clustering of development westerly on the property in order to preserve important wildlife habitat on the easterly portion of the property. In addition, the proposed development is compatible with existing and proposed development in the vicinity and within the SEQ District in general. (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. 39. The DRB concludes that the proposed development is in keeping with the goals for Southeast Quadrant District residential development as set forth in the Comprehensive Plan and as discussed already in this report. (t) 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. 40. Proposed development is clustered westerly on the subject property, leaving open space on the easterly part of the property contiguous to open space and important wildlife habitat on adjacent properties. \d rb \s u b \u n sw o rt h\S D -0 3-2 8. f cd . d oc 9 FINDINGS OF FACT, CONCLUSIONS & DECISION SNYDER 6-LOT, 32-UNIT PUD PRELIMINARY PLAT #SD-03-28 (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. 41. The Fire Chief must approve the revised plans prior to final plat approval. (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. 42. The extension and connection of roads, sidewalks, and utility facilities has already been discussed. 43. Pursuant to Section 15.05(B) of the Land Development Regulations, PUD applications must include all applicable information required for site plan review. Accordingly, the applicant must submit a landscaping plan that complies with Section 13.06 of the regulations. Landscaping plans are detailed on Sheet 3 of the plans. Trees shall be planted at 60 ft. intervals along both sides of proposed streets and at least 2 per residential lot. In addition, small trees and shrubs are proposed for the multifamily lots. The existing pond will be surrounded by dense plantings of shrubs and trees, and a good diversity of street tree species is proposed. 44. The landscaping plans were reviewed by Public Works Arborist Craig Lambert who provided a number of comments. Mr. Lambert noted that Little Leaf Linden is becoming over planted in South Burlington and that Green Ash is severely over planted. In addition, Red Maple, Pin Oak and River Birch require acidic soils and may not be appropriate for the subject site due to alkaline soils. Mr. Lambert offered a list of recommended substitutions. Finally, Mr. Lambert noted that trees should be planted at least 15 ft. away from street lights and that the plans should include a tree planting detail. 45. Section 13.06(G)(3) of the Land Development Regulations requires a landscape budget prepared by a qualified landscape professional that demonstrates compliance with the landscape value requirements based on building construction costs. Although the applicant has provided a landscape budget, the preparer is not identified. The applicant's engineer has estimated total construction costs of the proposed single family homes at $3,255,000, which requires a minimum landscaping cost of $40,050. The landscape budget exceeds this minimum requirement. (i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and \drb\sub\u nsworth\SD-03-28.fcd.doc 10 FINDINGS OF FACT, CONCLUSIONS & DECISION SNYDER 6-LOT, 32-UNIT PUD PRELIMINARY PLAT #SD-03-28 maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. 46. 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. One -family and two-family uses are not subject to the exterior lighting standards set forth in the regulations; however, PUDs are subject to site plan review; therefore, details for all exterior lighting within the development must be submitted. All lighting within the proposed public rights -of -way must comply with the exterior lighting design standards of the Land Development Regulations. A typical street light detail is provided on Sheet 6 of the plans. A 60W sodium vapor lamp is proposed. The DRB notes that metal halide fixtures are preferred. The plans show new street lights along the proposed public streets within the development as required by the regulations. Q) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). 47. The Comprehensive Plan prioritizes finding a suitable remedy to Bartlett Brook Watershed erosion problems. The Comprehensive Plan also encourages stormwater runoff modeling and inventory of stormwater facilities in an effort to improve water quality. Accordingly, and as indicated already, the applicant submitted stormwater plans to Heindel & Noyes for inclusion in the City's stormwater model and database. The analysis revealed that the stormwater management plans are adequate. 48. The Comprehensive Plan recommends land use that respects and maintains the open and special character of the SEQ, including PUDs that protect and preserve large contiguous areas of open space, important natural areas and scenic views. The DRB concludes that the proposed development is in keeping with these goals. In particular, the applicant has been responsive to Staff and Planning Commission goals to protect an important wildlife habitat corridor by clustering development westerly on the subject property. DECISION MOTION by , seconded by to approve preliminary plat application #SD-03-28, subject to the following conditions. - Lots 1 through 31, corresponding to the single family home footprints or envelope lots, will require waivers from the minimum required 12,000 SF lot size for the SEQ District. 2. Prior to recording the final plat, the applicant shall record a "Notice of Condition" approved by the City Attorney, which states that the envelope lots and the common land lots shall be considered one lot. 3. The plans need to be revised to show where temporary erosion control measures will be used during and after construction. \drb\sub\unsworth\SD-03-28.fcd.doc 11 FINDINGS OF FACT, CONCLUSIONS & DECISION SNYDER 6-LOT, 32-UNIT PUD PRELIMINARY PLAT #SD-03-28 4. The applicant must submit alternative proposed names for each street within the development to be approved by the Planning Commission. Approved street names and E-911 addresses must be identified on the final plat. 5. The required street signs and posts shall be provided and installed by the City at the expense of the applicant pursuant to Section 15.12(L) of the Land Development Regulations. 6. Concurrent with final plat submission, the applicant must submit draft homeowner's association bylaws and/or draft deeds that detail the management and maintenance of the proposed private street and of all stormwater treatment facilities within the development. 7. The plans need to be revised to provide sidewalk and/or recreation path along one side of all streets within the proposed development. In addition, the plans must show a 5 ft. wide pedestrian easement between units 9 and 32 to provide access to a future public park from proposed Public Street "B". 8. The applicant must obtain wastewater allocation approval prior to final plat approval by the Development Review Board. 9. The plans need to be revised to show electrical and telephone lines, which shall be underground. 10. The plans shall be revised to show a street light at each street intersection within the proposed development, including the intersection at Spear Street, for a total of 4 lights. 11. Cut sheet details for the proposed street lights need to be provided. Lighting within the proposed public streets must comply with the exterior lighting design standards of the Land Development Regulations. Sodium vapor lamps should be replaced with metal halide lamps in the proposed street lights. 12. Pursuant to Section 15.18(B)(6) the applicant must provide a plan describing the use and maintenance of the proposed open space lot. 13. The applicant must obtain water allocation approval for the proposed development prior to final plat approval by the Development Review Board. 14. The plans should be revised to address the comments of Public Works Arborist Craig Lambert, dated May 1, 2003. 15. Concurrent with submission of a final plat application, the applicant must submit a Certificate of Title and all proposed legal documents purporting to convey property or easements to the City pursuant to Section 15.17 of the Land Development Regulations. 16. Prior to final plat approval by the DRB, the Natural Resources Committee shall review the final revised plans. \drb\.s ub\u nsworth\SD-03-28.fcd.doc 12 1 { FINDINGS OF FACT, CONCLUSIONS & DECrSION SNYDER 6-LOT, 32-UNIT PUD PRELIMINARY PLAT #SD-03-28 17. Prior to final plat approval, the Fire Chief shall review and approve the plans for the proposed development. 18. Prior to the issuance of any zoning permits, the applicant must provide a suitable performance bond, escrow account, or letter of credit to guarantee the completion of all required landscaping and site work pursuant to Section 14.05(K) of the regulations. 19. Pursuant to Section 15.15 of the regulations, the applicant must furnish a separate performance bond to cover the costs of all required and approved street trees. Chuck Bolton Lyeay/abstain/not present Mark Boucher -y *nay/abstain/not present John Dinklage a ay/abstain/not present Roger Farley a ay/abstain/sent Michele Kupersmittilea/na)Cabstai4gnot present Larry Kupfermannay/abstam-Qot present Gayle Quimby — MOTION CARRIED by a vote of D -�. 64) Signed this day of 2003, by r John Dinklage, Chair C \drb\s ub\u nsworth\SD-03-28.fcd.doc 13