HomeMy WebLinkAboutSD-06-21 - Decision - 1840 Spear Street#SD-06-21
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SOUTH VILLAGE COMMUNITIES, LLC
PLANNED UNIT DEVELOPMENT - PHASE
FINAL PLAT APPLICATION #SD-06-21
South Village Communities, LLC, hereafter referred to as the applicant, is requesting
final plat approval for a planned unit development of Phase 1 consisting of 156
residential units and a 100-student educational facility, of a 334 residential unit project,
1840 Spear Street. The Development Review Board held a public hearing on May 2,
2006. David Marshall 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. The applicant is requesting final plat approval for a planned unit development of
Phase 1 consisting of 156 residential units and a 100-student educational facility, of a
334 residential unit project, 1840 Spear Street.
2. The applicant received master plan approval on July 19, 2005 and Phase One
preliminary plat approval on February 10, 2006.
3. The owner of record of the subject property is Paul Calkins.
4. The subject property is located in two (2) zoning districts. The portion of the property
that is developable is in the Southeast Quadrant — Neighborhood Residential (SEQ-NR)
Zoning District and the part of the property that is not slated for development is located
in the Southeast Quadrant — Natural Resource Protection (SEQ-NRP) Zoning District.
5. The plans submitted with this application consist of an 82 page set of plans, page two
(2) entitled, "Phase 1 Subdivision Plat", prepared by Civil Engineering Associates, Inc.,
dated Aug, 2004 last revised 4/30/06.
Zoning District & Dimensional Requirements
The dimensional standards outlined in Table C-2 of the Land Development Regulations
were altered though the Master Plan approval process for the subject property. The
approved waivers are outlined in the decision and findings of fact for Master Plan #MP-04-
01.
The proposed project (Phase 1) does not meet all of the dimensional standards approved
in the Master Plan. Specifically, the side setback for lot 5 is shown as 5 feet. It should be
10 feet.
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Furthermore, the setbacks listed on the cover sheet are not those approved as part of the
Master Plan.
As was discussed during the Master Plan reconsideration, the applicant had requested that
the preliminary and final plat reviews of each of the three phases be limited to single-family,
two-family, and three-family dwelling units. Thus, any buildings with greater than three
dwelling units, in addition to the school, will be reviewed under separate site plan reviews.
The Development Review Board approved this with the Master Plan approval.
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:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
The utility plans are depicted on sheets C6.0 through C6.9 of the plans.
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.
The South Burlington Water Department has been reviewing the plans on an ongoing
basis. His most recent comments are listed in a letter dated May 1, 2006.
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 City Engineer has been reviewing the plans on an ongoing basis. His most recent
comments are listed in memorandums dated April 27, 2006.
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 grading and drainage plans are depicted on sheets C5.0 through C5.5 of the plans.
The erosion control plans are depicted on sheets C7.0 through C7.10 of the plans. The
grading and erosion control plans were reviewed by the City Engineer.
The project incorporates access, circulation, and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to this project is proposed via a 48' wide pubic roadway directly across from
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Allen Road and a 24' wide roadway approximately 1,260' south of Allen Road. Both of
these public roads access onto Spear Street and have a 60' wide right-of-way. They
feed into a public roadway network within the project boundaries. At this time, the
applicant is proposing to close the street network with two (2) cul-de-sacs: one (1) to the
north of the project and one (1) to the south of the project. These cul-de-sacs will only
be temporary, as the Master Plan, of which this project is Phase 1, depicts this public
roadway network extending to the north and to the east.
Circulation on this property appears to be adequate. The applicant is currently proposing
two (2) points of ingress and egress, and the master plan proposed two (2) additional
points of ingress and egress for the overall project. In addition, the master plan depicts
a right-of-way to the property to the north, which could facilitate an additional point of
ingress and egress in the future.
As part of the proposed amendments to the PUD, the applicant is proposing to install a
mini -roundabout at the intersection of the consolidated wetland road crossing and the
Village neighborhood. The applicant has stated that this will act as a traffic calming
device that deflects traffic away from the center of the Village neighborhood, keeping it
instead on the perimeter. Comments on the technical specifications of the roundabout
have been deferred to the Fire Chief and the Director of Public Works.
The Fire Chief provided comments on the proposed mini -roundabout in a letter dated
February 3, 2006. He has stated that given the five -inch height of the curbing, and the
tight turning radius, it will not be possible for the larger trucks to proceed through without
hitting at least two of the tree possible curbs, something which could possibly damage
the vehicles. At this time, his suggestion is to return to the concept of the four-way
intersection.
The applicant, in an effort to satisfy the concerns of the Fire Chief, has provided a new
plan which depicts flush fully mountable materials in the deflector islands and central
island. They also submitted a letter from their traffic engineer dated March 14, 2006
outlining the possible traffic benefits of the mini -roundabout.
The Fire Chief responded in a letter dated April 28, 2006. He again expresses his
concerns with the curbing. In consultation with his staff, the Fire Department continues to
feel that "the mini -roundabout would be detrimental to the springs and undercarriage of
the fire vehicles" and would require them to drive over it every time. He continues to say
that "at this time we cannot support the creation of the mini -roundabout" with curbing. He
also acknowledges Mr. Hoar's concerns with the lack of curbing.
The Director of Public Works issued comments in a memorandum dated April 27, 2006
and stated that he will support the roundabout provided that raised curbing is maintained
in the roads which contribute to this roundabout. He specifically notes that he does not
approve of flush curbs if the roundabout is approved. He notes that curbing is important
for keeping traffic flowing where it should and also for snow plowing.
The Board recognizes the concerns of both the Fire Chief and the Director of Public
Works. At this time, the Board does not approve of the roundabout as there appears to
be no way to meet all of the goals of the parties involved. Curbing, even mountable, will
present problems for emergency vehicles as well as all other large vehicles which may
use the intersection. Large delivery or moving trucks will likely utilize this intersection to
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service the residents within. Requiring vehicles to mount curbs when there is a
possibility of causing damage could open liability issues for the City. However, as stated
by Mr. Hoar, not having curbing will also present problems for the City. A four-way
intersection may be most appropriate in this case.
The applicant submitted a traffic impact study prepared by TND Engineering, dated April
8, 2004. The applicant also submitted a traffic impact study addendum, dated June 17,
2004. Both of these documents were submitted to Fuss and O'Neil for technical review.
The specific traffic management strategies to control access and circulation for the
proposed project will be provided as they become available.
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.
This phase of the master plan overlaps some Class III wetlands and is adjacent to the
major Class II wetland on the property. There is no development proposed in the Class II
wetlands or its respective 50' buffer. However, there is encroachment into the Class III
wetland and/or their respective 50' wide buffers. The Natural Resource Committee
reviewed the proposed project on July 22, 2004 and January 5, 2006 and recommended
approval of the preliminary plat plans with conditions. The Development Review Board at
preliminary plat hearing accepted the following conditions:
1. phase in east -west roadway based on City need and/or project need;
2. if the east -west road is constructed, the NRC recommends:
a. wildlife -friendly design features
b. wetland protection features
3. locate bike paths and pedestrian paths in a manner that minimizes wetland
impacts;
4. if wetland experts disagree on the delineation at the DRB meeting, the NRC
recommends that the DRB invoke technical review;
5. no pesticide application;
6. no mowing in wetlands and/or their buffers except for maintenance of the
recreation and quiet paths;
7. disturbance of wetland vegetation should be limited to remediation activities;
8. no planting non-native species in wetlands or their buffers.
9. that the bridge crossings avoid the use of pressure treated wood.
Pursuant to Section15.18 (B)(6) of the Land Development Regulations, the applicant has
submitted a plan for the management and maintenance of the dedicated open spaces
created through the Master Plan. At this time, there do not appear to be any major
issues which present themselves with this plan. The Director of Planning and Zoning
commented on the plan in a memo to the Board dated 5/2/06.
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.
Pursuant to Section 9.01 of the Land Development Regulations, the Southeast Quadrant
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District (SEQ) is hereby formed in order to encourage open space preservation, scenic
view and natural resource protection, wildlife habitat preservation, continued agricultural
use, and well as planned residential use in the largely undeveloped area of the City
known as the Southeast Quadrant. The open character and scenic views offered in this
area have long been recognized as very special and unique resources in the City and
worthy of protection. The location and clustering of buildings and lots in a manner that in
the judgment of the Development Review Board will best preserve the open space
character of this area shall be encouraged.
In order to analyze this project's visual compatibility with the area, the entire master plan,
of which this project is phase 1, must be considered. The master plan is visually
compatible with the planned development patterns of the Southeast Quadrant. The
buildings, building lots, and roads are clustered and concentrated towards the westerly
portion of the property, creating significant open space areas in the central and easterly
portions of the subject property. The more than 132 acres of open space preserved
through this master plan will maintain the open character of the Southeast Quadrant and
will protect wetlands, woodlands, and wildlife habitat.
This project has five (5) lots that intersect the Spear Street — Allen Road Scenic View
Protection Overlay District. These lots shall comply with the building height restrictions
outlined in Section 10.03(F) of the Land Development Regulations. As long as these lots
comply with these height restrictions, the project will offer scenic view protection. The
plans have been revised to indicate the maximum building heights for the five (5) lots
that intersect the Spear Street — Allen Road Scenic View Protection Overlay District, as
outlined in Section 10.03(F) of the Land Development Regulations.
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.
The layout proposed through the Master Plan will preserve over 152 acres of dedicated
open space, mainly in the central and easterly portions of the subject property. The
location of this open space will create contiguous open space corridors with the
properties to the south and north of the subject property.
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.
The South Burlington Fire Chief has been reviewing the plans on an ongoing basis. As
previously noted, his concerns at this point are with respect to the proposed mini -
roundabout.
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.
All of the proposed infrastructure and services proposed for this project are consistent with
the infrastructure and services proposed in the Master Plan, of which this project is Phase
1. These services and infrastructure have been designed to facilitate extension to adjacent
properties.
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Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
The applicant has submitted proposed lighting details (cut -sheets) for the multi -family units
involved in Phase 1 of the project. These are within the regulations and are sufficient for
the site.
The proposed recreation path is depicted for the entire master -planned development, of
which this project is Phase 1. The Recreation Path Committee reviewed the recreation
path and provided comments in a memorandum from Tom Hubbard, dated December 10,
2004. The Recreation Path Committee also discussed this project at their 5/1/06 meeting.
The plans depicting the recreation paths, including their location and timing of construction,
have been approved as part of the Master Plan process.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed project is consistent with the South Burlington Comprehensive Plan and the
South Burlington Land Development Regulations.
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:
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.
The proposed project accomplishes a desirable transition from structure to site and from
structure to structure. The site provides for adequate planting and safe pedestrian
movement.
The parking for this project has largely been resolved as part of the Master Plan process.
The site plans appear to show sufficient parking spaces for the single family, duplexes, and
triplex units as part of the garages and driveways. Parking for the multi -family buildings
consisting of four or more units will be handled when those buildings are revisited at site
plan review.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The proposed parking plan for the residential units is in compliance with this requirement.
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.
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The maximum height for buildings with a pitched roof is 40' from average pre -construction
grade. The maximum height for buildings with a flat roof is 35' from average pre -
construction grade.
In addition, five (5) of the proposed lots fall within the Spear Street — Allen Road Scenic
View Protection Overlay District. These lots shall comply with the building height
restrictions outlined in Section 10.03(F) of the Land Development Regulations. It has
already stated that the plans indicate that maximum building heights for these five (5)
lots.
The elevations for the mullti-family buildings shall be reviewed as part of the site plan
review for each multi -family building.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines shall be underground.
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.
This criterion is being met.
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.
This criterion is being met.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington Land Development Regulations:
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 of collector street, to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
It is not necessary for the Development Review Board to require any additional easements
for this project (Phase 1 of the Master Plan).
Electric, telephone and other wire -served utility lines and service connections shall
be underground. Any utility installations remaining above ground shall be located so
as to have a harmonious relation to neighboring properties and to the site.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines shall be underground.
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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).
Pursuant to Section 13.06(C)(1) of the South Burlington Land Development Regulations,
any dumpsters on the site shall be effectively screened to the approval of the Development
Review Board.
Landscaping and Screening Requirements
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. The applicant has submitted information on
the estimated buildings costs of the proposed three-family dwelling units and a landscape
budget indicating the value of the proposed landscaping. The maximum landscaping
requirement for all the three-family dwellings is $29,100 which is being met. The applicant's
landscape plans for the proposed street trees are included on sheet L-2 of the plans. The
value of the street trees is $181,795. Sheets L-3, L-3a, and L-3b show typical landscaping
details for single-family, two-family, and three-family dwelling units. The City Arborist
reviewed the proposed street tree plan and provided comments in an email dated April 25,
2006.
The estimated value of the multi -family dwelling units would be used to calculate the
minimum required landscape value, which would have to be bonded for by the applicant.
Condition number 8 of the 2/10/06 MP states that "no site plan review will be required for
the three (3) unit multi -family dwellings which are substantially in compliance with the
"typical" of these units included with each final plat plan for each phase. Additionally,
bicycle racks shall not be required for the buildings and landscape bonding will be
required."
As part of the Fire Chief's comments dated February 3, 2006, he stated that the tree
locations, as proposed in accordance with the South Burlington Land Development
Regulations, do not adequately allow for fire suppression or rescue capabilities. He has
asked that the Development Review Board grant a waiver to address this issue.
The Board supports an adjustment in the planting of street trees to better facilitate
emergency services. Such an adjustment should be done with the consultation of the
applicant, staff, the Fire Chief and the city arborist. This has occurred and all parties are
comfortable with the final proposed locations of the street trees.
Restricted Areas
This project has buildings and building lots proposed in designated "restricted areas", as
depicted on the Southeast Quadrant Official Zoning Map. The project has development
proposed in a "restricted area" designated to facilitate a planned roadway. The applicant
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has proposed a roadway network through the property that will connect Midland Avenue
to Spear Street. Thus, the "restricted area", designed to facilitate the planned roadway,
as labeled on the "Southeast Quadrant Official Zoning Map", is no longer necessary.
The project also has building lots proposed in a "restricted area" designated to protect
scenic views. A portion of this "restricted area" overlaps the Spear Street — Allen Road
Scenic View Protection Overlay District. The applicant is following the building height
requirements for the Spear Street — Allen Road Scenic View Protection Overlay District,
as outlined in Section 10.03(F) of the Land Development Regulations. Thus,
development in the "restricted area" that overlaps the Spear Street — Allen Road Scenic
View Protection Overlay District is warranted. In addition, the application is proposing
building lots in the "restricted area" along Spear Street that is designated for a scenic
view corridor. This development is consistent with the intent and purpose of the
Southeast Quadrant Zoning District, as development in this "restricted area" allows the
applicant to cluster more of the units towards the westerly portion of the property, away
from the wetlands, wildlife habitat, and other natural resources that comprise the central
and easterly portions of the property.
All of the proposed building locations are in conformance with the approved Master Plan.
Street Names
The applicant has submitted street names on the site plan for Phase I. However, some of
the names on the plan remain unapproved by the South Burlington Planning Commission.
The applicant shall either revise the plans to remove unapproved names, or seek approval
by the Planning Commission. The applicant should not record the final plat until this issue is
taken care of.
Some sheets in the plans still reference preliminary street names, such as "Delta, Gamma,
etc." These names shall be removed and replace with approved names on ALL sheets
showing streets.
E911 Addresses
The applicant has submitted E911 address for this proposal that appear to be in
compliance with the E911 addressing standards.
Other
Pursuant to Section 15.08 (D) of the South Burlington Land Development Regulations,
the applicant has submitted homeowner's association legal documents with the final plat
application. The documents should include language that:
a. ensures that the garages will not be converted to living space;
b. prohibits the storage and parking of recreational vehicles within the
development;
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b. prohibits the storage and parking of recreational vehicles within the
development;
c. prohibits clearing of land, disturbance of land, or application of pesticides
within wetlands or wetland buffers, except for the Class /// wetland on Lot 16 and
the Class /// wetland to the west of Lot 20;
d. ensures that the association shall assume all maintenance responsibilities for
the sewage pumping station;
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e. ensures that the association shall assume all maintenance responsibilities for
the stormwater drainage facilities until such time as a future City stormwater
utility accepts the stormwater infrastructure.
It is difficult to tell from these documents whether and where these items have been
addressed. The Board was unable to find language addressing these issues in a manner
that appeared clear to them. The Board respectfully requests that the applicant highlight
all of these issues and indicate conformance with above.
DECISION
Motion by Chuck Bolton, seconded by Larry Kupferman, to approve final plat
application #SD-06-21 of South Village Communities, LLC, subject to the following
conditions:
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 plat submitted by the applicant, and
on file in the South Burlington Department of Planning and Zoning.
3) The plans shall be revised to show the changes below and shall require approval of
the Administrative Officer. Four (4) copies of the approved revised plans shall be
submitted to the Administrative Officer prior to recording.
a) The plans shall be revised to show a 10 foot side setback for lot number 5.
b) The cover sheet shall be revised to list the setbacks as approved during the Master
Plan process.
c) The cover sheet shall be revised to remove the references to minimum lot
frontages. There are no minimum lot frontages in the South Burlington Land
Development Regulations.
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d) The plans shall be revised to comply with the requests of the South Burlington
Water Department as outlined a letter from Jay Nadeau dated May 1, 2006.
e) The plans shall be revised to comply with the requests of the South Burlington City
Engineer, as outlined in his memorandum dated April 27, 2006.
f) The plans shall be revised to depict all wetlands and buffer barriers on the site plan.
A legend shall be included that delineates between the various classes of wetlands.
g) The plans shall be revised to comply with the recommendations of the City Arborist
as outlined in his memorandum dated April 25, 2006.
h) The applicant shall either revise the plans to remove unapproved names, or seek
approval by the Planning Commission for proposed names not already approved.
i) The plans shall be revised to change all references to the approved street names
on all sheets showing streets.
j) The plans shall be revised to show the proposed "mini -roundabout" in compliance
with FHWA standards and whose mountable components are consistent with other
traffic calming structures used elsewhere in the City .
k) The plans shall be revised to show the recreation path being provided with a 10'
ll� shoulder adjacent to the proposed stormwater management facilities (detention
basins). If this can not be achieved due to space limitations than the applicant shall
propose a safety fencing system for approval by the Recreation Path Committee.
1) The plans shall be revised to show the crosswalk at the end of the recreation path
at the intersection of Allen Road East and Spear Street removed until a suitable
destination for pedestrians is created.
m) The plans shall be revised to show location of all fire hydrants as requested by the
South Burlington Fire Chief.
n) The plans shall be revised to comply with the requests of the Water Pollution
Control Superintendent.
4) The applicant shall adhere to the requests of the South Burlington Water Department
as outlined in a letter from Jay Nadeau dated May 1, 2006.
5) The applicant shall adhere to the requests of the South Burlington City Engineer, as
outlined in his memorandum dated April 27, 2006.
6) The applicant shall adhere to the requests of the South Burlington City Arborist as
outlined in his memorandum dated April 25, 2006.
7) 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.
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8) The applicant shall pay all applicable traffic impact fees prior to issuance of a zoning
permit for each unit.
9) The applicant shall comply with the requests of the Natural Resources Committe as
decided upon at their July 22, 2004 and January 5, 2006 meetings. The requests are
as follows:
a. phase in east -west roadway based on City need and/or project need;
b. if the east -west road is constructed, the NRC recommends:
i. wildlife -friendly design features
ii. wetland protection features
c. locate bike paths and pedestrian paths in a manner that minimizes wetland
impacts;
d. if wetland experts disagree on the delineation at the DRB meeting, the NRC
recommends that the DRB invoke technical review;
e. no pesticide application;
f. no mowing in wetlands and/or their buffers except for maintenance of the
recreation and quiet paths;
g. disturbance of wetland vegetation should be limited to remediation activities, and
those agricultural activities permitted under the Vermont Wetland Rules;
h. no planting non-native species in wetlands or their buffers.
i. that the bridge crossings avoid the use of pressure treated wood.
10) The applicant shall adhere to the restrictions on the maximum building heights for
the five (5) lots that intersect the Spear Street — Allen Road Scenic View Protection
Overlay District, as outlined in Section 10.03(F) of the Land Development
Regulations and as noted on sheet S1.3 of the plans.
11) All of the proposed roadways and sidewalks shall be compatible with the approved
Master Plan.
12) The applicant shall post a $181,795 landscape bond for street trees prior to the start of
road construction and a $29,100 landscape bond for the triplexes prior to issuance of a
permit. These bonds shall remain in effect for three (3) years to assure that the
landscaping has taken root and has a good chance of surviving.
13) Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations,
any new utility lines shall be underground.
14) Pursuant to Section 13.06(C)(1) of the South Burlington Land Development
Regulations, any dumpsters on the site shall be effectively screened to the approval of
the Development Review Board.
15) The screening of the utility cabinets shall be approved by the South Burlington
Development Review Board as an amendment to the final plat.
16) The applicant shall plainly demonstrate that the homeowner's association
documents demonstrate conformance with the conditions numbered 23-27 below
prior to issuance of the first zoning permit.
17) Pursuant to Section 15.17 of the South Burlington Land Development Regulations,
prior to issuance of the first zoning permit or start of utility or road construction, the
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applicant shall submit all appropriate legal documents including easements (e.g.
irrevocable offer of dedication and warranty deed for proposed public roads, utility,
sewer, drainage, water, and recreation paths, etc.) to the City Attorney for approval
and recorded in the South Burlington Land Records.
18) Prior to the start of construction of the improvements described in the condition
above, the applicant shall post a bond which covers the cost of said improvements.
19) Pursuant to Section 15.14(E)(2) of the South Burlington Land Development
Regulations, within 14 days of the completion of required improvements (e.g. roads,
water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the
City Engineer, "as -built" construction drawings certified by a licensed engineer.
20) Garages shall not be converted to living spaces.
21) Storage and parking of recreational vehicles within the development shall be prohibited.
22) The clearing of land, disturbance of land, or application of pesticides within wetlands or
wetland buffers, except for the Class III wetland on Lot 16 and the Class III wetland to
the west of Lot 20 shall be prohibited except those agricultural activities permitted
under the Vermont Wetland Rules.
23) The homeowner's association shall assume all maintenance responsibilities for the
sewage pumping station.
24) The homeowner's association shall assume all maintenance responsibilities for the
stormwater drainage facilities until such time as the City Stormwater Utility accepts the
stormwater infrastructure.
25) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
26) The final plat plan (survey plat sheets S1.2, S1.3, S1.3A & S1.3B) 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 plats in digital format. The
format of the digital information shall require approval of the Director of Planning
and Zoning.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
Chuck Bolton — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Larry Kupferman — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
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Motion carried by a vote of 4-0-0.
Signed this day of 2006, by
John Din&kra�4e,C h —ai
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).
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