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HomeMy WebLinkAboutAgenda - City Council - 02/26/2013 M sollt �....AO 0 IL ?•ACiP7 ( `_ AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 4:30 p.m. Tuesday ,Feb. 26, 2013 Consider entering executive session for discussion of personnel matters, negotiations, real estate and litigation. Regular Session 5:00 p.m. Tuesday, Feb. 26, 2013 1. Agenda Review: Additions, deletions or changes in order of agenda items. 2. Comments and questions from the public not related to the agenda. 3. City Council to Ratify and Confirm decision to purchase, under section 13-103 (b) of the City Charter, 60.7 +/- acres of property, known as Marie Underwood Revocable Trust, utilizing the City's Open Space Fund (Paul Connor, Planning and Zoning Director, Bob Rusten, Interim City Manager). 4. Council to Consider Settlement Agreement and Consent Decree for JAM Golf, LLC, and Highlands Development Company, LLC, Master Plan litigation, Stipulated Judgment Order for JAM Golf, LLC, Long Drive Subdivision litigation, and the associated anticipated land exchange (Paul Conner, Planning and Zoning Director, City Attorneys). 5. Interim Zoning-Deliberative Session: (City Council-Deliberative session on applications closed or presently before the City Council. Deliberative sessions are not open to public comment). [Note: Deliberations will be in open session unless due to a legal issue it is voted by Council to deliberate in closed session] a. *** Closed Public Hearing: Interim Zoning Application #IZ-12-06, John Larkin, 40 unit PUD (phase 1 of 71 unit project), 201 Allen Road. b. *** Closed Public Hearing: Interim Zoning Application #IZ-12-14, Pizzagalli Properties, LLC; raze existing Liberty Inn and Suites and construct 32,000 sq. ft. general office building and parking, 462 Shelburne Road. 6. *** First Reading of Fire Ordinance, with scheduling of Public Hearing. (Suggested Public Hearing Dates March 18 or April 1) (Terry Francis, Deputy Fire Chief). 7. Council to discuss the date for first Council meeting after March Town Meeting elections. 8. *** Council to Approve Special Event Permit, Magic Hat, March 17, 2013. 9. Consider entering executive session for discussion of personnel matters, negotiations, real estate and litigation (if needed). Respectfully Submitted: [ir Bob Rusten Interim City Manager Attachments Included South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible;but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings,we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other(Council members,staff,and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public,staff,or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. 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"A 1 Akiti - -16., -s\ '..,-- 4.,e '----— ..... , Per#1441W 0,0,1,1',' ,4 ‘ z irii ," Ka /L. FA) 11,, „..-' . . „F"ell , orth,490100 _„„,„ 1 Ii* 4 "s IF-A 4774P 1 I ii, ' 1, --------- 0-01,, 1 __II* :FP 41 iiiii. „-, (.116_4 1 1 s 1 \ \,,_ a, ilk . I RI LLPH H W Gd p isqii Rn STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION HIGHLAND DEV. CO,LLC &JAM GOLF LLC DOCKET NO. 194-10-03 Vtec CONSENT ORDER AND DECREE NOW COME Highlands Development Company,LLC("Highlands")and JAM Golf, LLC("JAM")(collectively the"Developers"or"Applicants"),by and through their attorneys, Paul Frank+Collins P.C.,and the City of South Burlington,Vermont,("City"),by and through its attorneys, Stitzel,Page&Fletcher,P. C.,(the City and the Developers are referred to collectively as the"Parties"),and hereby stipulate and agree that the Court may enter the following order: The above-captioned matter involves an appeal of a decision of the City of South Burlington Development Review Board in application#MP-03-01,dated September 25,2003,brought pursuant to 24 V.S.A. §4471. The Parties have agreed to a mutual resolution of the above- captioned appeal,which settlement is memorialized in a documented entitled,"AGREEMENT AMONG THE CITY OF SOUTH BURLINGTON, HIGHLANDS DEVELOPMENT COMPANY, LLC AND JAM GOLF, LLC"and dated ("Agreement"). The Agreement is attached hereto and incorporated into this Consent Decree by reference and shall be enforceable in the same manner as an Order of this Court. Developers may refile this Appeal and complete the trial that was suspended for settlement negotiations,should the City not adopt amendments to the Land Development Regulations as required by Paragraph 6 of the Agreement. In accordance with the terms and conditions of the Agreement and this Consent Decree,the Master Plan,Exhibit B to the Agreement, is hereby APPROVED. To effectuate the Agreement and this Consent Decree,the decision of the South Burlington Development Review Board,#MP-03-01,dated September 25,2003, is hereby amended and restated as follows: Findings of Fact and Decision,#MP-03-01 of the Highlands Residential Development for Master Plan Approval for the 436-acre Vermont National Country Club property, 1227 Dorset Street, for a Planned Unit Development consisting of 353 residential dwelling units,a clubhouse, and an 18-hole golf course. The Applicants seek approval of a Master Plan pursuant to Section 15.07 of the South Burlington Land Development Regulations for the property known as the Vermont National Country Club or"VNCC,"portions of which have previously been approved for development. Master Plan approval for this property is required by Section 15.07(B)(1)of the South Burlington Land Development Regulations("LDR")as a prerequisite to the development of ten(10)or more residential units in the Southeast Quadrant Zoning District (SEQ). Pursuant to Section 15.02(A)(4)of the LDR,a master plan shall be a binding sub- 1 part of a PUD approval and shall not be construed as a separate land development review procedure from the PUD procedures set forth in Article 15 of the LDR. I. FINDINGS OF FACT The Court, acting as the Development Review Board("DRB"),makes the following findings of fact: a. Application i. This application consists of a master plan for a previously approved,partially completed Planned Unit Development("PUD")on approximately 436 acres known as the Vermont National Country Club("VNCC PUD"or the"Property") in the Southeast Quadrant District. ii. The application is based on a plan entitled"Vermont National Country Club, South Burlington,Vermont Master Plan,"prepared by Civil Engineering Associates,Inc.,dated JAN.,2013. iii. The"owners of record"of the Property for purposes of this application are JAM Golf,LLC and Highlands Development Company,LLC. b. Prior Approvals i. Any prior preliminary plat approvals pertaining to a portion or portions of the VNCC PUD that are not explicitly incorporated into this decision or have not been separately approved by the DRB or this Court are hereby superseded pursuant to §15.07 of the LDR. ii. Applicants initially made this application concurrently with applications#SD-03- 24,-25,-26, and-27, for which separate findings of fact have been issued. These findings of fact are incorporated into this Master Plan approval by reference. c. Master Plan Application consists of: i. The above-referenced Master Plan,which includes the following information: ii. The previously approved PUD consisted of approximately 450 acres. Applicants propose to remove from the PUD approximately 21.56 acres of land along the existing eastern boundary of the VNCC PUD and convey them to the City. Applicants also propose to add to the VNCC PUD approximately 7.25 acres of land that is east of Dorset Street and northerly and southerly of Park Road that is to be conveyed to the Applicants. The combined area of the VNCC PUD subject to the Master Plan is approximately 436 acres. iii. The Master Plan proposes thirteen Project Areas, or development areas,not including the Clubhouse Facility. iv. Public amenities and facilities indicated on the plans are the recreation path and the golf course. v. The maximum impervious coverage proposed for the Property is 15%(30% permitted). The maximum building coverage proposed for the Property is 7% (15%permitted). vi. A maximum of 1.2 units per acre is permitted in the Southeast Quadrant District. The maximum development density for the Property,based on 436 acres of land, is 523 dwelling units. The total number of residential dwelling units proposed by 2 the Applicants for the VNCC PUD is 353,which results in a density of approximately .8097 units per acre. vii. The traffic study submitted by Applicants predict a maximum PM peak hour VTE count of 350. viii. The master plan depicts all necessary infrastructure and locations. ix. The master plan contains sufficient roadway detail. x. The master plan depicts sufficient contour lines. xi. Specific waivers from the LDR will be evaluated with subsequent preliminary plat applications for each proposed development area. d. Proposed Development Areas in the proposed Master Plan. i. The Master Plan application for 13 development areas includes seven(7) development areas for which there was no existing,valid City preliminary plat approval at the time Applicants initially submitted the master plan application. Two of these areas, Water Tower and Old School House Road,have received separate Findings of Fact for their respective preliminary plat applications,which as noted above, are incorporated into these Findings by reference. Since the Applicants initially submitted the master plan application,these two development areas have received final plat approval. The proposed development areas are as follows: Development Areas I. Approved II. Master Net Unit at time that Plan Difference Developers between submitted Columns I. Master Plan and II. application in 2003 Old School House Road 11 15 4 Holbrook Road and Tabor Place 26 26 0 Fairway Drive 36 36 0 Economou Farm Road 23 23 0 Golf Course and Park Roads 117 117 0 Four Sisters Road 37 37 0 Lots 39-42 4 4 0 Water Tower 4 9 5 Clubhouse 4 11 7 Park Road 2 15 13 Lot 108 0 18 18 Long Drive Subdivision n/a 10 10 Wheeler Parcel n/a 32 32 Unit Totals 264 353 89 3 II. CONCLUSIONS OF LAW A. Evaluation of Compliance with Section 15.18(A)(1)through (3) §15.18(A)(1)Sufficient water supply and wastewater disposal capacity is 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. The VNCC PUD holds a valid water and wastewater allocation for a sufficient capacity to serve all proposed development. Planned improvements to the SEQ's water supply by the City are sufficient to ensure water supply and wastewater disposal capacity. §15.18(A)(2) 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. Individual preliminary plat applications will be evaluated for conformance with this criterion and the provisions of Article 16,Construction and Erosion Control. §15.18(A)(3) The project incorporates access,circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making the 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. There may continue to be site-specific access and circulation issues,particularly related to fire protection. These are best addressed during preliminary plat review for individual development areas. B. Evaluation of Compliance with Section 15.18(A)(4)through(6), and(10) §15.18(A)(4) The project's design respects and will provide suitable protection to wetlands, streams,wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. 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. §15.18(A)(5) 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. 4 §15.18(A)(6) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/to stream buffer areas. §15.18(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed master plan layout meets these criteria. Applications for preliminary and final plat approval for each of the development areas, except the Long Drive Subdivision, will be evaluated for their individual compliance with these criteria as well. Prior orders of this Court in this matter shall apply to the interpretation and application of these criteria. C. Evaluation of Compliance with Section 15.18(A)(7)through(9) §15.18(A)(7) 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 limited to,minimum distances 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. §15.18(A)(8) Roads,recreation paths,stormwater facilities, sidewalks,landscaping,and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. §15.18(A)(9) Roads,utilities,sidewalks,recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards,absent a specific agreement with the application related to maintenance that has been approved by the { City Council. The master plan proposes few substantial changes to the roadway and infrastructure layout that has been proposed since 1995. Any site-specific concerns related to fire protection will be addressed with the Fire Chief during preliminary plat reviews. D. Evaluation of Compliance with Section 15.18(B)(1)through(4) §15.18(B)(1) Open space and development areas shall be located so as to maximize the aesthetic values of the property in keeping with the Comprehensive Plan goal of preserving and enhancing the open character,natural areas,and scenic views of the Quadrant,while allowing carefully planned development. §15.18(B)(2) Buildings lots, streets and other structures shall be located in a manner that maximizes the protection of the open character,natural areas,and scenic views of the Quadrant identified in the Comprehensive Plan,while allowing carefully planned development at the overall base densities provided in these Regulations. 5 §15.18(BX3) Existing natural resources on each site shall be protected through the development plan,including streams,wetlands,floodplains,wildlife habitat and corridors including those areas identified in the South Burlington Open Space Strategy, and special natural and/or geologic features such as mature forests,headwaters areas, and prominent ridges. §15.18(BX4) Consistent with(1)through(3)above, dedicated open spaces shall be designed and located to maximize the potential for combination with other open spaces on adjacent properties. The proposed master plan layout meets these criteria. Applications for preliminary and final plat approval for each of the development areas,except the Long Drive Subdivision,will be evaluated for their individual compliance with these criteria as well. Prior orders of this Court in this matter shall apply to the interpretation and application of these criteria. E. Evaluation of Compliance with Section 15.18(B)(5)through(7) §15.18(B)(5) The conservation of existing agricultural production values on lands in the SEQ is encouraged through development planning that avoids impacts on prime agricultural soils as defined in the South Burlington Open Space Strategy and provides buffer areas between existing agricultural operations and new development,roads,and infrastructure. Continuation of agriculture is not an issue for this proposal. §15.18(B)(6)A plan for the proposed open spaces and/or natural areas shall be established by the applicant describing the intended use and maintenance of each area. Continuance of agricultural uses or enhancement of wildlife habitat values in such plans for use and maintenance is encouraged. Applicants propose to remove from the VNCC PUD and convey to the City 21.56 acres of land that the City will maintain. Otherwise,the proposed master plan does not propose any areas to be"perpetually open." Applications for preliminary and final plat approval for each of the development areas,except the Long Drive Subdivision, will be evaluated for their individual compliance with these criteria as well. Prior orders of this Court in this matter shall apply to the interpretation and application of these criteria. In addition, any future proposal to amend or alter the Master Plan or portions of it must comply with the City of South Burlington Land Development Regulations then in effect. §15.18(BX7)In the absence of a specific finding by the DRB 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. 6 Pursuant to 24 V.S.A. § 4421(2),upon recording of the final plats in connection with the land exchange described in Paragraphs 1 and 13 of the Agreement,the Official Map is modified without need for further action and upon such modification,the proposed Master Plan will conform with the Official Map. III.DECISION and CONDITIONS Based on the above Findings of Fact and Conclusions of Law, Master Plan application#MP-03-01 for 353 residential units, a clubhouse and an 18-hole golf course on 436 acres is APPROVED,with the following conditions. A. Approval of a Master Plan Pursuant to Section 15.07(D)(1),the thirteen development areas, not including the Clubhouse Facility, depicted on the Master Plan each have a suitable maximum residential density, in terms of a number of units that can be reasonably accommodated within the boundaries of the development areas approved in this decision. Pursuant to Section 15.07(D)(2),the following table specifies the levels of review to be required for subsequent modifications of any of the approved fourteen development areas: Development Areas Master Plan Status Level of Review Controlling Approved for Subsequent Permit Units Permits Clubhouse Facility n/a Constructed Site Plan Review SD-02-77 Only for changes and amendments Old School House Road 15 Built out ZP for SD-03-24 modifications to &26 houses Holbrook Road and 26 Built out ZP for SD-02-61 &- Tabor Place modifications to 81 houses Fairway Drive 36 Built out ZP for SD-02-61 modifications to &-81 houses Economou Farm Road 23 Built out ZP for SD-00-58 modifications to houses Golf Course and 117 Under construction ZP for new SD-02-76& Park Roads construction or SD-01-64 modifications to houses Four Sisters Road 37 Built out ZP for SD-00-06 modifications to houses Lots 39-42 4 Built out ZP for Approved by modifications to Decision houses dated April 15, 1997 7 Water Tower 9 Built out ZP for SD-03-25 modifications to &-27 houses Clubhouse 11 Conceptual/master Proceed to MP-03-01 plan preliminary plat for up to 11 units Park Road 15 Conceptual/master Proceed to MP-03-01 plan preliminary plat for up to 15 units Lot 108 18 Conceptual/master Proceed to MP-03-01 plan preliminary plat for up to 18 units Long Drive Subdivision 10 Preliminary plat Proceed to final approved by V.R.C.P. plat for up to 10 58 Judgment Order units as provided entered September 11, in Paragraphs 2009,in Docket No. 7.a and 11 of the 69-3-02 Vtec Agreement Wheeler Parcel 32 Conceptual/master Proceed to M P-03-01 plan preliminary plat for up to 32 units Unit Totals 353 B. Master Plan Criteria Umbrella Criteria The Court, acting as the Development Review Board, approves the following Master Plan"umbrella criteria"pursuant to §15.07(D)(3)and(6): a. Overall density and number of residential dwelling units: A maximum number of 353 residential dwelling units are approved for the subject 436-acre Planned Unit Development. This number of residential dwelling units in this PUD results in an approved maximum density of.8097 units per acre. b. Building and impervious coverage: A total building coverage of 7%and a total impervious coverage of 15%are approved for the VNCC PUD. These are overall limits for the entire VNCC PUD subject to this approval. Within individual development areas as described and approved in this application,these overall limits may be exceeded provided the applicable SEQ zoning district limitations of fifteen percent(15%)for buildings and thirty percent(30%)overall are met. c. Location, layout, capacity and number of collector roadways: The collector roadway system is approved as shown on the Master Plan. d. Land development proposed in any area previously identified as permanent open space in the approved Master Plan application: Applicants do not propose any permanent open space as part of this Master Plan application. However,the Master Plan application complies with Sections 15.18(A)(6), (B)(1)-(4). e. Maximum number of vehicle trip ends: A maximum of 350 PM peak hour trip ends from all approved residential and non-residential uses is approved for the VNCC PUD. C. Decision with Respect to Individual Development Areas—Previously Approved 8 The prior positive findings of fact and conclusions regarding the ten previously approved development areas are AFFIRMED: the Clubhouse Facility,Holbrook Road and Tabor Place, Fairway Drive,Economou Farm Road, Golf Course and Park Roads,Four Sisters Road,Lots 39-42, Old School House Road, Water Tower and Long Drive Subdivision. Modification of these areas is subject to review under the terms of this Master Plan approval and all applicable City regulations. D. Decision with Respect to the Individual Development Area that is Proposed to be Modified: The following development area that has been approved previously and which Applicants propose to modify in conjunction with this Master Plan application is APPROVED: 1. Clubhouse: This development area is suitable for development and is approved for a maximum of eleven(11)residential dwelling units in structures consisting of 1-4 dwelling units. E. Decision with Respect to Individual Development Areas that are Proposed as Part of this Master Plan application. The following development areas that are proposed as development areas as part of this Master Plan application are APPROVED: 1. Lot 108: This development area is suitable for development and is approved for a maximum of eighteen(18)residential dwelling units in structures consisting of 1-4 dwelling units. 2. Park Road: This development area is suitable for development and is approved for a maximum of fifteen(15)residential dwelling units in structures consisting of 1-4 dwelling units. 3. Wheeler Parcel: This development area is suitable for development and is approved for a maximum of thirty-two(32)residential dwelling units in structures consisting of 1-4 dwelling units. IV.CONDITIONS The following conditions are necessary for the Master Plan application to meet the City's requirements and standards for approval: A. The locations and uses of stockpiles, including erosion control measures sufficient to meet the standards of Article 16 of the LDR,must be addressed prior to approval of preliminary plat applications for any of the development areas. B. Any application to place fill in any of the development areas shall be made pursuant both to a preliminary plat application for each development area and §3.12 of the LDR. 9 C. The applicant shall install recreation path or sidewalk connecting the Park Road recreation path crossing with the sidewalk on the west side of Golf Course Road prior to the issuance of any further preliminary plat approvals. D. Any future requests for waivers will be reviewed in conjunction with the preliminary or final plat reviews for the individual development areas. E. Nothing in this Consent Order and Decree shall be construed as a covenant or restrictive condition similar to the type found in In re Stowe Club Highlands, 166 Vt. 33 (1996)not to develop any portion of the Applicants' property at some point in the future, including but not limited to those areas described in Finding d(i),above. Either or both of the Applicants may at some point in the future seek to amend or alter the Master Plan in due course, as it sees fit in its sole discretion,but any such application(s)must comply with the City of South Burlington Land Development Regulations then in effect. V. RECORDING THE MASTER PLAN The Master Plan may not be recorded unless and until the Closing referenced in Paragraph 1 of the Agreement takes place. This Master Plan approval shall be null and void if the Closing referenced in Paragraph 1 of the Agreement does not take place. This approval of the Master Plan shall expire sixty(60)days after the Closing referenced in Paragraph 1 of the Agreement takes place unless, within such sixty(60) day period,such Master Plan shall have been duly filed or recorded with the office of the City Clerk. The Master Plan may not be filed or recorded in the office of the City Clerk until this approval is endorsed in writing by the Chair or Clerk of the DRB on the Master Plan. The Chair or Clerk of the DRB shall endorse the Master Plan no later than seven business days after the Closing described in Paragraph 1 of the Agreement. So Ordered: Honorable Thomas S. Durkin Date CITY OF SOUTH BURLINGTON, VERMONT DATE: BY: Its Duly Authorized Agent 10 HIGHLANDS DEVELOPMENT COMPANY,LLC DATE: BY: Its Duly Authorized Agent JAM GOLF LLC DATE: BY: Its Duly Authorized Agent son13-002 golf course consent decree to City Council 02-22-12.docx S:ICUEN7SIHighlands 103 Master Plan Appeal-Docket No.194-10-03 VtecdDrais1130221 wafredline to 130221 City rev consent decree.dacx 11 STATE OF VERMONT SUPERIOR COURT ENVIRONMENTAL DIVISION JAM GOLF LONG DR. SD APPLIC DOCKET NO. 38-3-11 VTEC COMPLETENESS STIPULATED V.R.C.P. 58 JUDGMENT ORDER NOW COME JAM Golf, LLC, by and through its attorneys, Fead Construction Law, PLC, and the City of South Burlington (the "City"), by and through its attorneys, Stitzel, Page & Fletcher, P.C., and hereby stipulate and agree that the Court may enter the following order: 1. Appellant's subject application for Final Plat Approval of the Long Drive Subdivision is deemed complete. 2. Appellant's appeal is REMANDED to the City Development Review Board for further proceedings under the South Burlington Zoning Regulations with amendments through April 16, 2001, the City of South Burlington Subdivision Regulations with amendments through January 4, 1999, and this Court's judgment order dated September 11, 2009 in Appeal of JAM Golf, LLC Docket No. 69-3-02 Vtec. SO ORDERED: Honorable Thomas S. Durkin Date [Consent of parties on following page] DATED this th day of 2013 in South Burlington, Vermont. JAM GOLF, LLC By Fead Construction Law, PLC, Its Attorneys By: William Alexander Fead DATED this_th day of 2013 in Burlington, Vermont. CITY OF SOUTH BURLINGTON By Stitzel, Page & Fletcher, P.C. Its Attorneys By: Amanda S. E. Lafferty son13.002 long drive sub Jo 02.21-13docx 2 EXHIBIT E TO AGREEMENT AMONG THE CITY OF SOUTH BURLINGTON, HIGHLANDS DEVELOPMENT COMPANY, LLC AND JAM GOLF,LLC The easement for"normal golfing activities" to be reserved by JAM Golf, LLC in the deed conveying the JAM Parcel to the City as contemplated in Paragraph 10(a)(2) of the Agreement shall describe "normal golfing activities" so as to include the following: 1. The usual and common noise level associated with playing golf and operating a golf course; 2. The flight of golf balls over, on and through the JAM Parcel and permitting golf balls and other items of golf related equipment to unintentionally come upon such Parcel; 3. A right for golfers at reasonable times(which shall include one(1)hour before sunrise and one (1)hour after sunset)and in a reasonable manner to come upon the JAM Parcel to retrieve errant golf balls or other equipment. The aforesaid right of entry and the License shall not relieve golfers of liability for damage caused by errant golf balls or other equipment; 4. The right for any water from any irrigation system serving JAM's golf course to over-spray onto the JAM Parcel; and 5. The right for JAM, or its successors and assigns, with the City's advanced written consent, which shall not be unreasonably withheld, to enter onto and access the JAM Parcel for operation, maintenance, repair and replacement of the golf course. The easement shall also include provisions in substantially the same form as the following: 1. The following entities shall be held harmless from liability for any damage or injury resulting from errant golf balls, other equipment, the over-spray of water or the exercise of this easement: JAM Golf, LLC, and its successors and assigns; Highlands Development Company, LLC, and its successors and assigns; and any officer, director, member or partner of any of the foregoing entities, or any officer or director of any partner or member. 2. The easement is for the benefit of, and shall run with the title to, that parcel of land adjoining the herein conveyed premises to the West designated as "Golf Course Parcel F" on the Survey of Land Exchange described above, and will expire when Golf Course Parcel F ceases to be used as a golf course. son13-002 Ex E to rev golf course agr 02-25.13.doc 41641 01* southburlington VERMONT February 22, 2013 Merchants Bank 92 Woodstock Avenue Rutland,Vermont 05701 Re: Land Purchase Dear Jeanie, Please process the following wire transfer on Friday,February 22, 2013 on behalf of the City. Amount: $1,000,000.00 From: City of South Burlington—Open Space Fund—Account#15131345 To: Key Bank National Association 149 Bank Street P.O. Box 949 Burlington,VT 05402 ABA#211672531 Account#4546 8001 2563 For the Credit of: Burak Anderson&Melloni,PLC -Tax ID: 03-0322205 Thank you in advance for your help. Any questions concerning this transfer may be directed to me at 802-846-4112 or Susan Dorey at 802-846-4104. Best regards, AL2, vJ Bob Rusten Interim City Manager City of South Burlington City Council Dated this day of , 2013 Rosanne Greco, Chair Helen Riehle, Vice Chair P"arn Mackenzie, Clerk Sandra Dooley Paul Engels 575 Dorset Street South Burlington, VT 05403 tei 802.846.4106 fax 802.846.4101 www.sburl.com PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (this "Agreement") is by and between The Marie Underwood Revocable Trust(the"Seller") and The City of South Burlington, Vermont,a public body corporate and politic of the State of Vermont(the"Buyer"),and is made and entered into this day of February, 2013. WHEREAS,the Seller is the owner of undeveloped land located at 1600 Spear Street,South Burlington, Vermont, comprising approximately 60.7+/- acres, together with all appurtenances thereto (the"Property");and WHEREAS,the Buyer wishes to purchase from Seller,and Seller wishes to sell to Buyer,all of Seller's right,title and interest in and to the Property. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,and in reliance on the representations and warranties contained herein,the parties hereby agree as follows: SECTION 1 -Purchase and Sale The Seller agrees to sell and convey to the Buyer,and the b all of the uyer agrees S oer'rs hale, role m the he Seller the Property. Included with the sale of the Property shall interest in and to all privileges,rights,easements,and appurtenances thereto, all federal,state and local permits for the Property,and all municipal allocations for the Property(if any). SECTION 2-Purchase Price The purchase price (the "Purchase Price") to be Buyer Cents($1,660,00000}, Property shall be One Million Six Hundred Sixty Thousand Dollars and Zero payable as follows: 2.1 One Million Dollars and Zero Cents($1,000,000.00)payable on Closing hereunder by wire transfer or bank check pursuant to instructions delivered to the Buyer prior to the Closing. 2.2 The balance of the Purchase Price shall be paid in three (3) installments of Two Hundred Twenty Thousand Dollars and Zero Cents($220,000.00)each,payable by bank check or wire instructions delivered by the Seller to the Buyer. The first installment shall be due and payable on or before September 1, 2013, the second installment shall be due and payable on or before September 1, 2014 and the third and final installment shall be due and payable on or before September 1, 2015 (each, an "Installment Payment"). The Buyer's obligation to make such Installment Payments shall be unconditional and not subject to offset or other claim against the Seller of any nature. In the event an Installment Payment is not paid in full on the due date thereof, the unpaid amount shall bear interest at then applicable legal rate for judgments in the State of Vermont until paid in full. The Purchaser shall have the right to prepay all or any part of such Installment Payments before their respective due dates. In addition to the remedies granted to the Seller in Section 3 below,the Buyer's obligation to pay the entire Purchase Price(and any interest thereon) shall be secured by a Mortgage Deed(the"Mortgage")to be granted by the Buyer to the Seller on the )00052781.5) Closing Date and to be recorded in the land records of the City of South Burlington,Vermont,which Mortgage shall be in substantially the form attached hereto as Exhibit A. SECTION 3-Escrow of Reconveyance Deed 3.1 On Closing,the Buyer shall deliver to Burak Anderson&Mellon,PLC(the"Escrow Agent")a duly executed Reconveyance Deed in substantially the form attached hereto as Exhibit B (the "Reconveyance Deed"), together with an executed property transfer tax return in form and substance satisfactory to the Seller,to hold in escrow pursuant to the terms of this Agreement. In the event that the Buyer shall have failed to make an Installment Payment as and when due,the Seller may,after not less than 30 days advanced written notice(and opportunity to cure)to the Buyer,cause the Escrow Agent to release the Reconveyance Deed(and associated transfer tax return)to the Seller by delivery to the Escrow Agent of an affidavit and instruction of an agent of the Seller,substantially in the form of Exhibit C hereto, certifying that (i) the Buyer has failed to make an Installment Payment as and when due hereunder, (ii)the Seller has given the Buyer at least 30 days advanced written notice of the Seller's intention to cause the Escrow Agent to release the Reconveyance Deed to the Seller,and(iii)the Buyer has not cured the failure to make such Installment Payment as of the date of such affidavit. Upon such release,the Seller shall be entitled,in its discretion,to record the Reconveyance Deed in the land records of the City of South Burlington and to effect the reconveyance of fee title to the Property back to the Seller. It is understood and agreed that (i) nothing herein shall be deemed to require the Seller to exercise its rights under this Section 3.1,(ii) the Seller shall be permitted,in its discretion,to exercise its rights and remedies under the Mortgage in lieu of,or in addition to,its exercise of remedies under this Section 3.1,(iii)the Seller shall have no obligation to remit to the Buyer,return or otherwise account for any portion of the Purchase Price that may have been paid prior to the recordation of the Reconveyance Deed,(iv)the Seller,under the terms of this Section 3.1,upon the recordation of the Reconveyance Deed,is permitted to transfer fee title to the Property from the Seller to a third party, and (v) upon the recordation of the Reconveyance Deed, the obligations of the parties hereto under this Agreement shall be deemed satisfied in full. It is understood and agreed that the Buyer's obligation to make Installment Payments shall be non-recourse to the Buyer,and the Seller shall be entitled to exercise remedies only with respect to the Property,including without limitation,the recordation of the Reconveyance Deed and/or the foreclosure of the Mortgage. In no event shall the Buyer be liable for any deficiency,nor shall the Seller be obligated to remit any surplus,resulting from the foreclosure of the Mortgage or subsequent sale of the Property by the Seller. 3.2 Upon payment in full of all Installment Payments (and any interest)hereunder, the parties shall jointly instruct the Escrow Agent to release the Reconveyance Deed to the Buyer. 3.3 The parties agree that the duties of the Escrow Agent shall be determined solely by the provisions of this Section 3 and Exhibit D hereto. SECTION 4-Buyer's Closing Conditions The Buyer's obligation to consummate the transfer of title to the Property(the "Closing") shall be conditioned upon the following(the"Closing Conditions"): -2 {00052781 s) 4.1 The representations and warranties made by the Seller in this Agreement being true and correct in all material respects on and as of the Closing with the same force and effect as though such representations and warranties had been made as of the Closing. 4.2 The Seller delivering the Property at Closing free of all tenants and/or persons in possession. 4.3 The Buyer being satisfied with the results of its examination of title to the Property pursuant to Section 9 hereof,which examination shall be performed at the Buyer's expense. In the event that any of the Closing Conditions have not been satisfied on or before March 1, 2013 (the"Condition Date"),the Buyer may,in the Buyer's sole discretion,elect to:(a)rescind this Agreement by providing written notice of termination to the Seller,in which case all of the rights and obligations of the parties to this Agreement shall cease and terminate;or(b)waive the satisfaction of such conditions and proceed with the purchase contemplated by this Agreement without a reduction in the Purchase Price. The waiver by the Buyer of the satisfaction of one or more of the Closing Conditions shall not be deemed to be a waiver of the satisfaction of the remaining Closing ...Conditions. SECTION 5-Representations and Warranties of Seller The Seller represents and warrants to the Buyer that: 5.1 The Seller is the record owner of the Property to be conveyed hereunder and the Buyer will be conveyed good,insurable,and marketable title to the Property at Closing,free of all liens and parties in possession(other than any lien resulting from the Property's enrollment in the State of Vermont Current Use Program). 5.2 The Seller warrants that the Property is free from any unasserted mechanics'liens. At Closing,the Seller shall provide an affidavit attesting to the absence of claims of lien or potential lien owners known to the Seller,and further attesting that there have been no improvements to the Property for one hundred and eighty (180) days immediately prece for dingsuch e date ofimpro Closing authorized or conducted by the Seller, nor has any outstanding payment ments become due during such one hundred and eighty(180)day period. 5.3 The Seller has not:(i)made a general assignment for the benefit of creditors;(ii)filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by the Seller's creditors;or(iii)suffered the appointment of a receiver to take possession of all or substantially all of the Seller's assets. 5.4 The Seller warrants that Seller has no personal knowledge of any litigation or claim pending or threatened against the Seller which could have a material adverse effect on the Property or Seller's ability to perform this Agreement. 5.5 The Seller has not received any notices from any insurance company of any defect in the Property which would materially affect the insurability of the Property. -3- 100052781.5) 5.6 The Seller is unaware of any act or condition involving the storage, manufacture, disposal or use of any hazardous substance upon, over or under the Property,other than any such activities in compliance with all applicable laws and regulations. The warranties and representations contained in this Agreement shall not merge with the delivery of deed to the.Property and shall continue to remain in full force and effect after the Closing for a period of two(2)years. The Buyer's remedy for a breach of the warranties made herein shall be an action in law or equity for the Buyer's actual out-of-pocket damages,remedies,costs,penalties and expenses,including court costs and reasonable attorneys' fees. Other than expressly set forth herein and in the Warranty Deed, the Property is to be conveyed to the Buyer AS-IS, WHERE IS and WITH ALL FAULTS, and the Seller expressly disclaims any other representation or warranty with respect to the Property. SECTION 6-Representations and Warranties of Buyer 6.1 The Buyer is a duly constituted and validly existing public body corporate and politic of the State of Vermont. 6.2 The Buyer has all requisite power and authority to execute and deliver this Agreement and the documents contemplated by this Agreement, and to perform its obligations under this Agreement. 6.3 No consent, approval or authorization of, or registration,declaration or filing with, any governmental authority,or approval,authorization or consent of voters or any legislative body of the Buyer(other than any such approvals,authorizations or consents already received),is required in connection with the valid execution,delivery and performance by the Buyer of this Agreement or the carrying out by the Buyer of any of the transactions contemplated under this Agreement. 6.4 The Buyer has not(i)made a general assignment for the benefit of creditors,(ii)filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition in bankruptcy by its creditors,(iii)suffered the appointment of a receiver to take possession of all or substantially all of its assets,(iv)suffered the attachment or other judicial seizure of all,or substantially all,of its assets,(v)admitted in writing its inability to pay its debts as they come due,or(vi)made an offer of settlement,extension or composition to its creditors generally. SECTION 7-Closing The closing and transfer of title to the Property(the"Closing")shall take place at an agreed upon location on the earlier of:(i)five(5)days after the Closing Conditions have been satisfied,or (ii) March 1,2013 (the"Closing Date"). SECTION 8-Transfer Documents 8.1 The Seller shall deliver to the Buyer,at the Closing,against payment of the Purchase Price, in form satisfactory to the Buyer and its counsel all of the following (collectively, the "Transfer Documents"): -4- {00052781.5) (a) A standard Vermont Warranty Deed, sufficient to convey good, insurable, and marketable title to the Property. (b) A completed Vermont Property Transfer Tax Return. (c) In the event the sale of the Property is not exempt from Land Gains Tax,a certificate issued by the Vermont Department of Taxes certifying the amount of the Vermont Land Gains Tax due pursuant to the provisions of 32 V.S.A.§§ 10001 et.seq.or certifying that no such tax is due on account of the transaction contemplated by this Agreement. (d) A full discharge and/or termination statement for any existing mortgage, security interest,lease,lien or encumbrance on the Property. (e) Such affidavits,reports and agreements as may be required by the company issuing title insurance to Buyer to permit such title insurance company to issue the title insurance policy without standard exceptions for mechanic's liens or parties-in-possession. (f) A Certificate of Trust pursuant to 14A V.S.A. §1013. (g) Such other instruments as the Buyer may reasonably request to effectuate the transaction contemplated by this Agreement without additional liability or expense to Seller. 8.1 On the Closing,Buyer shall deliver to the Seller,in form and substance satisfactory to the Seller and its counsel all of the following: (a) A completed Vermont Property Transfer Tax Return. - (b) The Reconveyance Deed,together with the associated Property Transfer Tax Return. (c) The Mortgage. (d) Such other instruments as the Seller may reasonably request to effectuate the transaction contemplated by this Agreement without additional liability or expense to Buyer. SECTION 9-Title The Buyer shall cause title to the Property to be examined and shall notify Seller in writing as far in advance of the date of Closing as reasonably practical (and in any event by no later than February 15,2013)of the existence of encumbrances and defects in the title which are not excepted in this Agreement and which render the Seller's title to the Property unmarketable. The Seller shall use diligent efforts to remove such defects. If, on the Closing Date, the Seller is then unable to convey marketable and insurable title free and clear of one or more encumbrances and defects specified in such notice, the Buyer in full satisfaction of the Buyer's obligations hereunder, shall either: -5- (00052'81 5) 9.1 Accept such title to the Property as the Seller can convey without reduction in the Purchase Price;or 9.2 Terminate this Agreement,in which case,all further rights and liabilities of the parties hereto by reason of this Agreement shall terminate. The Buyer acknowledges and agrees that the Property is in the State of Vermont Current Use Program and such status shall not be deemed, for purposes of this Agreement, to render the title unmarketable or uninsurable. This Section shall not be construed to be a waiver of a claim against marketability by the Buyer for a defect arising between the date of the Buyer's examination of title and the date of Closing,which defect(s)in that event shall be removed or corrected by the Seller prior to Closing. If the Seller is unable to remove such title defects prior to Closing,the Buyer may elect to either accept such title to the Property as the Seller can convey without reduction in the Purchase Price, or terminate this Agreement,whereupon all further rights and liabilities of the parties hereto by reason of this Agreement shall terminate. The Seller shall provide the Buyer, or its attorney, with a copy of the proposed Warranty Deed and Transfer Documents no later than five(5)days before the Closing Date. Failure to make timely delivery of such copies shall not constitute a default under this Agreement,but shall entitle the Buyer,at its option,to delay closing until five(5)days following actual delivery of such copies. SECTION 10-Adjustments to Purchase Price All property taxes and other municipal charges assessed against the Property shall be apportioned at Closing. Apportionments shall be made in accordance with the then prevailing practice in Chittenden County, Vermont. Should any tax, charge or rate be undetermined on the Closing Date,the last determined tax,charge or rate shall be used for the purposes of apportionment; provided,however,that such apportionment shall be subject to later adjustment between the parties when the actual amounts of any such tax, charge or rate is finally determined, if the cumulative adjustment exceeds Five Hundred Dollars and Zero Cents($500.00). SECTION 11 -Vermont Property Transfer Tax and Land Gains Tax The Seller and the Buyer shall execute and deliver such Vermont Property Transfer Tax and Vermont Land Gains Tax forms as may be required by the State of Vermont. The Buyer shall pay the Vermont Property Transfer Tax. The Seller shall pay the Vermont Land Gains Tax, if any. Unless the Seller provides a certificate complying with the provisions of 32 V.S.A.§ 10007 or proof that the proposed transaction is exempt from Vermont Land Gains Tax,the Buyer may withhold from the Payment of the Purchase Price and shall pay the Vermont Department of Taxes an amount equal to ten percent(10%)of the Purchase Price. It is acknowledged and agreed that the Buyer shall be responsible for any taxes,costs and expenses resulting from the withdrawal of the Property from the Current Use Program. -6- (00052781.5) SECTION 12-FIRPTA Certificate Unless Seller provides a certificate complying with the provisions of 26 U.S.C. § 1445 (FIRPTA),the Buyer may withhold from the payment of the Purchase Price and shall pay to the U.S. Internal Revenue Service an amount equal to ten percent(10%)of the Purchase Price. SECTION 13-Vermont Non-Resident Withholding Tax Unless the Seller provides a certificate complying with the provisions of 32 V.S.A. § 5847, the Buyer may withhold from the payment of the Purchase Price and shall pay to the Vermont Department of Taxes an amount equal to two and one-half percent(2.5%)of the Purchase Price. SECTION 14-Risk of Loss The risk of loss due to damage to the Property by natural disaster or environmental accident resulting in the Property being rendered undevelopable for industrial or commercial uses is on the Seller until the Closing. The Seller shall keep and maintain such casualty insurance covering the improvements on the Property as in effect on the date of this Agreement. In the event of a casualty loss prior to Closing,or other loss by natural disaster or environmental accident,the Buyer may,in full satisfaction of the Buyer's obligations hereunder,either: 14.1 Elect in writing to terminate this Agreement and all further rights and liabilities of the parties hereto by any reason of this Agreement shall terminate;or 14.2 Waive the right to terminate this Agreement and close the transaction without reduction in the Purchase Price, in which latter case, the Seller shall pay to the Buyer all funds received by the Seller on account of any casualty loss, and shall assign to the Buyer all pending claims for insurance then in process,and shall cooperate with the Buyer to allow the Buyer to collect the proceeds of the insurance. SECTION 15-Default and Termination 15.1 In the event that the Closing Conditions set forth in Section 4 are not satisfied before the Condition Date, the Buyer may, at the Buyer's election, either terminate this Agreement(by providing written notice within ten(10)days after the Condition Date),or waive the satisfaction of the Closing Conditions and proceed with the Closing. 15.2 If the Buyer shall fail to complete this purchase on or before March 1, 2013 or is otherwise in default,the Seller's remedy shall be to terminate this Agreement(provided,that,it is understood that,following Closing,Seller may exercise the remedies contemplated by Section 3.1). 15.3 If the Seller shall fail to complete the sale of the Property as provided herein on or before March 1,2013 or is otherwise in default,the Buyer may terminate this Agreement. 15.4 In the event that a legal action is instituted arising out of a breach of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and court costs. -7- (00052781.5) SECTION 16-Commissions and Fees Excepting any commission paid solely by the Seller to White+Burke Real Estate Investment Advisors, Inc. ("White+Burke") for its representation of the Seller in the sale of the Property,the parties hereto warrant and represent to each other that they have no knowledge of any real estate broker or agent to whom a commission may be payable as a result of this transaction or any such knowledge of any other finder's fees or commissions related thereto. Each party agrees to indemnify and hold harmless the other for all claims or demands of any real estate agent or broker claiming by, through,or under such party excepting payment to White+Burke under the terms of this Section 16. This indemnification shall also include payment of court costs and attorneys' fees incurred by a party in defense of a claim for such real estate commissions or fees. SECTION 17 -Binding Contract; Governing Law This Agreement shall bind and inure to the benefit of the parties hereto and their respective representatives,heirs,successors and assigns;provided,that,neither party may assign its rights and obligations hereunder without the prior written consent of the other party. This Agreement shall be governed by Vermont law. SECTION 18 -Further Assurances The parties agree to execute,acknowledge and deliver such documents,certificates or other instruments and take such other actions as may be reasonably required from time to time to carry out the intent and purpose of this Agreement. SECTION 19 -Notices Any notice or other communication to be given hereunder shall be in writing and mailed, certified with return receipt requested, or telecopied or sent by nationally recognized overnight courier(e.g.,Federal Express)to such party at the address or number set forth below: If to Buyer: The City of South Burlington 575 Dorset Street South Burlington,VT 05403 Fax: [ with a copy to: J.Paul Giuliani,Esq. McKee, Giuliani and Cleveland P.O.Box 1455 Montpelier,VT 05601-1455 Fax: (802) 223-0247 If to Seller: The Marie Underwood Revocable Trust do Patricia Weaver,Trustee 399 Duffy Road Milton,VT 05468 -8- t0005278i.5} Fax: ( 1 with a copy to: Burak Anderson&Mellon,PLC Attention: Jon Anderson,Esq. 30 Main Street,P.O.Box 787 Burlington,Vermont 05402-0787 Fax: 802-862-8176 or to such other person, address or number as the party entitled to such notice or communication shall have specified by notice to the other party given in accordance with the provisions of this Section 19. Any such notice or other communication shall be deemed given: (i)if mailed, when deposited in the mail,properly addressed and with postage prepaid; (ii)if sent by facsimile,when transmitted; or(iii)if sent by overnight service,next-day after sending. SECTION 20-Incorporation by Reference All exhibits hereto and the terms contained therein are made apart of this Agreement and the contents thereof are hereby incorporated by reference. SECTION 21 -Entire Agreement;Amendment This Agreement embodies the entire agreement and understanding between the parties relating to the subject matter hereof and there are no covenants,promises,agreements,conditions or understandings, oral or written, except as herein set forth. This Agreement may not be amended, waived or discharged except by an instrument in writing executed by the party against whom such amendment,waiver or discharge is to be enforced. SECTION 22-Counterparts This Agreement may be executed in two or more counterparts,each of which shall be deemed an original but all of which together shall constitute one and the same instrument. SECTION 23 -Captions; Headings The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience. They do not define,limit,construe or describe the scope or intent of such sections, nor in any way affect this Agreement or have any substantive effect. [signature page follows] -9- (00052781.5) • IN WITNESS WHEREOF, the parties have executed or caused this Agreement to be executed as of the date first mentioned above. IN PRESENCE OF: SELLER: The Marie Underwood Revocable Trust Witness Name:Patricia Weaver Title:Trustee BUYER: The City of South Burlington I By: £l Witness Name: ,e TNLde Title: i s K,; 2 (1.ic_, STATE OF VERMONT COUNTY OF , SS. At .\,hs ,- , in said County this t3 day of bhrtic vi , 2013, personally appeared Patricia Weaver,Trustee of The Marie Underwood Revocable Trust,to me known,and she acknowledged this instrument,by her signed and sealed,to be her free act and deed and the free act and deed of The Marie Underwood Revocable Trust. Before me, t Lu, Notary Pkiblic My commission expires:2/10/2015 STATE OF VERMONT COUNTY OF C k c \r`, SS. At S . Sadv-S17., in said County this 20 day of 401 , 2013, personally appeared (L- of The City ofSouth Burlinon,to me known,and he/she acknowledged this instrument,by him/her signed and sealed,to be his/her free act and deed and the free act and deed of The City of South Burlington. Before m4 Notary Public My commission expires: 2/10/2015 • MORTGAGE • KNOW ALL PERSONS BY THESE PRESENTS THAT The City of South Burlington, Vermont, a public body corporate and politic of the State of Vermont, with an address of 575 Dorset Street, South Burlington,Vermont 05443, hereinafter called"Mortgagor",for valuable consideration paid,the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, mortgage and convey to Patricia Weaver (or her successor as Trustee), as Trustee of The Marie Underwood Revocable Trust, hereinafter called"Mortgagee," with an address of c/o Patricia Weaver, Trustee, 399 Duffy Road, Milton, VT 05468, and its successors and assigns forever, with power of sale, the real property located in South Burlington, in the County of Chittenden and State of Vermont, as more particularly described on Exhibit A attached hereto (the "Property"), to secure the prompt payment and performance of the obligations of the Mortgagor to the Mortgagee, due or to become due,now existing or hereafter arising under and pursuant to the Purchase and Sale Agreement, dated February 19,2013,between the Mortgagor and the Mortgagee(the "P&S")(collectively,the"Obligations"). TO HAVE AND TO HOLD the above granted and bargained Property,with all the privileges and appurtenances thereof and thereto belonging unto the Mortgagee, its successors and assigns,to its and their own proper use, benefit and behoof forever, including all improvements now or hereafter erected on the Property, and all fixtures now or hereafter attached to the Property, whether owned or leased, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this Mortgage. Title. The Mortgagor does for itself and its successors and assigns,covenant to and with the Mortgagee,its successors and assigns, that at and until the ensealing of these presents it is well seized of the Property, in fee simple,that it has good right and lawful authority to bargain and sell the same, in manner and form as is above written; and that it will warrant and defend the same against all claims and demands of any person or persons whomsoever, excepting claims arising pursuant to encumbrances set forth in the Warranty Deed, dated as of February 22, 2013, delivered by the Mortgagee to the Mortgagor. All persons who may have or acquire an interest in all or any part of the Property will be considered to have notice of, and will be bound by,the terms of the Obligations and each other agreement or instrument made or entered into in connection with the Obligations. Performance. Mortgagor shall promptly pay and perform the Obligations in accordance with their terms. Security Interest. As continuing security for the Obligations,Mortgagor hereby pledges, assigns and grants to the Mortgagee a security interest in any of the Property constituting personal property or fixtures, including but not limited to,any permits,licenses or governmental approvals,to the extent the same relate to the Property,whether now or hereinafter issued or existing. This Mortgage shall be deemed to be a security agreement and financing statement pursuant to the terms of the Uniform Commercial Code of Vermont. Assignment of Rents. As additional security for its performance hereunder, Mortgagor assigns to Mortgagee all rents, royalties, issues, profits, revenue, income, accounts, proceeds and other benefits of the Property, whether now due, past due or to become due, including all prepaid rents and security deposits (some or all collectively, as the context may require, "Rents"). Upon a default or an event of default hereunder or under the P&S (and after the expiration of any applicable grace period),Mortgagee shall have the power and authority, as attorney in fact for Mortgagor, to perform any and all of the following acts, if and at the times when Mortgagee in its sole discretion may so choose: (a) demand, receive and enforce payment of any and all Rents; (b) give receipts, releases and satisfactions for any and all Rents; and/or(c) sue either in the name of Mortgagor or in the name of Mortgagee for any and all Rents. Mortgagor further (00052837.5} • • covenants and agrees, upon Mortgagee's request, to execute any additional instruments to accomplish the appointment of attorney-in-fact set forth herein. Taxes. Mortgagor shall pay all real estate taxes and assessments and charges of every kind upon the Property, if any, before the same become delinquent. If Mortgagor fails to pay such tax, assessment or charge, Mortgagee may, at its election (but shall not be required to), pay and discharge any such tax, assessment or charge, and any interest or penalty thereon,and any amounts so expended by Mortgagee shall be deemed to constitute an advance to Mortgagor and shall be added to and included within the Obligations hereunder. Liens, Charges, Encumbrances. Mortgagor shall pay all water and sewer rates, rents, taxes, assessments, premiums,charges and impositions,if any,attributable to the Property. Mortgagor shall promptly discharge any lien that has,or may have,priority over or equality with,the lien of this Mortgage. Insurance. Mortgagor shall keep all buildings, structures and improvements now located or later to be constructed on the Property insured against loss by fire and such other hazards,casualties,and contingencies and in such amounts as Mortgagee may require from time to time with financially sound and reputable insurers, and Mortgagor will pay promptly when due any premiums on such insurance. All policies of insurance shall be delivered to and held by Mortgagee and have loss-payable clauses in favor of and in form acceptable to Mortgagee. Not less than fifteen (15) days before the expiration of any such policies, Mortgagor will deliver to Mortgagee new or renewal policies in like amounts covering the same risks. The policies shall provide that no cancellation shall occur without thirty (30) days prior written notice to Mortgagee. Should any loss occur to the insured property, Mortgagor will give immediate written notice to Mortgagee and will not adjust nor settle such loss without the written consent of Mortgagee, which may make proof of loss if not made promptly by Mortgagor. The insurance proceeds or any part thereof may be applied by Mortgagee, at Mortgagee's option, either to the reduction of the Obligations or to restoration or repair of the property damaged. In the event of foreclosure of this Mortgage, all right,title, and interest of Mortgagor in and to any insurance policies then in force shall pass to the purchaser at foreclosure sale, and Mortgagee is hereby appointed attorney in fact for Mortgagor for the purpose of assigning and transferring such policies and receiving all or any part of the proceeds therefrom. Condemnation. Mortgagor shall promptly notify Mortgagee of any action or proceeding relating to any condemnation or other taking, whether direct or indirect, of the Property, or part thereof, and Mortgagor shall appear in and prosecute any such action or proceeding unless otherwise directed by Mortgagee in writing. Mortgagor authorizes Mortgagee, at Mortgagee's option, as attorney-in-fact for Mortgagor, to commence, appear in and prosecute, in Mortgagee's or Mortgagor's name, any action or proceeding relating to any condemnation or other taking of the Property, whether direct or indirect, and to settle or compromise any claim in connection with such condemnation or other taking. The proceeds of any award, payment or claim for damages, direct or consequential, in connection with any condemnation or other taking, whether direct or indirect, of the Property, or part thereof, or for conveyances in lieu of condemnation, are hereby assigned to and shall be paid to Mortgagee. With the consent of Mortgagee, • which consent may be withheld in Mortgagee's sole discretion, Mortgagor may apply such awards, payments, proceeds or damages, after the deduction of Mortgagee's expenses incurred in the collection of such amounts, to restoration or repair of the Property. Otherwise such sums so received shall be applied to payment of the Obligations. Mortgagor agrees to execute such further evidence of assignment of any awards, proceeds, damages or claims arising in connection with such condemnation or taking as Mortgagee may reasonably require. 2 {00052837.51 • Preservation and Maintenance of the Property. Mortgagor (a)shall not commit waste or permit impairment or deterioration of the Property; (b)shall not abandon the Property; (c) shall, unless Mortgagee withholds insurance proceeds as security for or application to the Obligations, restore or repair promptly and in a good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Mortgagee may approve in writing, in the event of any damage, injury or loss thereto, whether or not insurance proceeds are available to cover in whole or in part the costs of such restoration or repair unless the improvements constituting the Property are (i) totally destroyed, (ii) insurance has been maintained thereon as required by this Mortgage, and (iii) Mortgagee applies the proceeds of such insurance to payment of the Obligations; (d)shall keep the Property, p rty, including improvements, fixtures, equipment, machinery and appliances, in good repair and shall replace improvements, fixtures, equipment, machinery and appliances on the Property owned by Mortgagor when necessary to keep such items in good repair; (e)shall comply in all material respects with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property; and(f)shall give notice in writing to Mortgagee,appear in and defend any action or proceeding purporting to affect the Property, the security of this Mortgage or the rights or powers of Mortgagee, except for any such action or proceeding caused by the gross negligence or intentional misconduct of Mortgagee. Defense and Notice of Claims and Actions. At Mortgagor's sole expense, Mortgagor shall protect, preserve and defend the Property and title to and right of possession of the Property, and the security of this Mortgage and the rights and powers of Mortgagee created under it, against all adverse claims. Mortgagor shall give Mortgagee prompt notice in writing if any claim is asserted which does or could affect any such matters, or if any action or proceeding is commenced which alleges or relates to any such claim. Transfers. Mortgagor shall not (a) voluntarily or involuntarily sell, lease, exchange, assign, convey, transfer or otherwise dispose of all or any portion of the Property (or any interest therein, legal or equitable), or(b) convey to any person or entity, other than Mortgagee, a security interest in the Property or any part thereof or voluntarily or involuntarily permit or suffer the Property to be further encumbered. Release. The Conditions of this Mortgage are such that if said Mortgagor shall well and truly pay or cause to be paid unto Mortgagee all Obligations; and if the Mortgagor shall pay when due, all taxes and assessments levied on the Property during the life of this Mortgage; and shall keep the Property free from all liens impairing the security of this Mortgage; and if the Mortgagor shall not cause any waste to the Property; then this Mortgage shall be void, otherwise of full force and effect. Remedies. If the Mortgagor shall have breached any of the conditions of this Mortgage or the P&S and such breach shall continue for a period of thirty(30) days after notice to Mortgagor, the entire Obligations shall become immediately due and payable at the option of the Mortgagee,and the Mortgagee may foreclose this Mortgage in any manner permitted by law. Power of Sale. The Mortgagor hereby grants to the Mortgagee a power of sale, and accordingly, the Mortgagee shall have all of the rights and powers granted by Vermont law to the holder of a mortgage • containing a power of sale, including the right, to the extent permitted by Vermont law, to foreclose Mortgagor's equity of redemption upon a default under this Mortgage, by exercising the power of sale, without first commencing a foreclosure action or obtaining a foreclosure decree, and to give such notices and to do all other acts, including the giving of a foreclosure deed upon completion of the foreclosure sale, as are permitted or required by 12 V.S.A. Section 4961 et seq. to foreclose a mortgage without judicial action. 3 (000528375) Hazardous Substances. The Mortgagor covenants that for so long as this Mortgage is in effect,there shall be no use of the Property, and no materials shall be placed on the Property,that would give rise to liability under any and all judgments, decrees, orders, licenses and all federal or state laws, regulations or rules pertaining to the presence or clean-up of Hazardous Substances, as hereinafter defined ("Environmental Laws"). The Mortgagor does further warrant and represent that its use of the Property, at present and in the future, will not give rise to any liability under any Environmental Laws, and Mortgagor shall keep the Property in full compliance therewith. As used in this Mortgage, the term "Hazardous Substances" shall mean any hazardous waste, hazardous substance, pollutant, contaminant, toxic substance, oil or hazardous material or other chemical or substance defined in or regulated by any Environmental Laws. The Mortgagor hereby agrees to indemnify and hold harmless the Mortgagee from and against any and all losses, damages, claims, costs or expenses, including, without limitation, litigation costs and attorneys' fees and expenses and fees or expenses of any environmental engineering or clean-up firm, incurred by the Mortgagee and arising out of or in connection with the Property or resulting from any breach of the representations in the preceding paragraph. Severability. If any provision of this Mortgage should be held unenforceable or void,that provision shall be deemed severable from the remaining provisions and shall in no way affect the validity of this Mortgage except that if such provision relates to the payment of any monetary sum,then Mortgagee may,at its option, declare all Obligations immediately due and payable. Not Exclusive Remedy. The Mortgagor acknowledges and agrees that nothing herein shall be deemed to prevent the Mortgagee from exercising any other remedy with respect to the Mortgagee's failure to perform the Obligations, including, without limitation, the recording of the Reconveyance Deed (as defined in the P&S). [Signature Page Follows] • (00052837.5} IN WITNESS WHEREOF,this Mortgage has been executed as of this 22nd day of February,2013. MORTGAGOR: The City of South Burlington V-1A .-2--"------N---, By: Witness 1 - �� R�,r { Name: i� Title: . 1,4.6.%— C.,-Ay 44 . MORTGAGEE: The Marie Underwood Revocable Trust tedc' fom='' '4.L. Y V (� V Wztss Name:Patricia Weaver Title:Trustee STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in s id County this 22nd day of February, 2013, personally appeared V.b.eif 12,i4 ,�FTii..,e ,t,„„,, of the City of South Burlington, to me known, and he/she acknowledged this instrument, by h' er signed arid sealed, to be his/her free act and deed and the free act and deed of The City of South Burlington. Before me ~ ��� N r1( ub is My commission expires:2/10/2015 STATE OF VERMONT COUNTY OF CHITTENDEN,SS. At South Burlington,in said County this 22nd day of February,2013,personally appeared Patricia Weaver, Trustee of The Marie Underwood Revocable Trust, to me known, and she acknowledged this instrument, by her signed and sealed,to be her free act and deed and the free act and dee; Th Marie Underwood Revocable Trust. Before me,e "Notary Public My commission expires:2/10/2015 (00052837.5) EXHIBIT A Property Description Being all the same land and premises conveyed by Patricia Weaver, as Trustee of the Marie Underwood Revocable Trust to the City of South Burlington by Warranty Deed dated February 22, 2013, wherein the land and premises conveyed are described as follows: Being all and the same land and premises conveyed to Marie Underwood and Patricia Weaver,Joint Trustees of the Marie Underwood Revocable Trust under trust agreement dated February 13, 2009 by Deed Into Trust of Marie Underwood dated February 13,2009 and recorded at Book 838 at Page 85 of the land records of the City of South Burlington,Vermont. Being a parcel of land located adjacent to and easterly of Spear Street comprising 60.7 acres,more or less, and being all that land depicted as Parcel "B" on a survey entitled "Subdivision Plan: Nowland Property II" dated March 1991, last revised June 13, 1991 and recorded April 9, 1992 in Map Volume 286 at Page 23 of the land records of the City of South Burlington(the"Survey"). The Premises are subject to:(a)the Vermont Current Use Program,pursuant to an application dated October 19, 2009 and recorded at Book 902, Page 15 of the land records of the City of South Burlington,Vermont; (b)the Offer of Irrevocable Dedication, dated February 6, 1992 and recorded at Book 322, Page 192 of the land records of the City of South Burlington,Vermont; (c)the Notice of Development Conditions, dated February 6, 1992 and recorded at Book 322, Page 197 of the land records of the City of South Burlington, Vermont; (d) City of South Burlington, Vermont zoning and land use regulations including the possible depiction of a proposed city park and Allen • Road extension on any.official.map; and (e) the other encumbrances and matters noted on the Survey referred to above. Reference is hereby made to the above-mentioned instruments, the records thereof and the references therein contained in further aid of this description. • (00052817.5) • RECONVEYANCE DEED KNOW ALL PERSONS BY THESE PRESENTS, that THE CITY OF SOUTH BURLINGTON, VERMONT, a public body corporate and politic of the State of Vermont, ("Grantor"), in consideration of the sum of Ten and More Dollars, paid to their full satisfaction by the trustee of the The Marie Underwood Revocable Trust("Grantee"), by these presents, does freely REMISE, RELEASE, AND FOREVER QUITCLAIM unto the said Grantee, the trustee of The Marie Underwood Revocable Trust, and its successors and assigns forever, a certain parcel of land, with any buildings and improvements erected thereon, in the City of South • Burlington, County of Chittenden and State of Vermont described as follows,viz: Being all the same land and premises conveyed by Patricia Weaver, as Trustee of the Marie Underwood Revocable Trust to' the City of South Burlington by Warranty Deed dated February 22, 2013, wherein the land and premises conveyed are described as follows: Being all and the same land and premises conveyed to Marie Underwood and Patricia Weaver, Joint Trustees of the Marie Underwood Revocable Trust under trust agreement dated February 13, 2009 by Deed Into Trust of Marie Underwood dated February 13, 2009 and recorded at Book 838 at Page 85 of the land records of the City of South Burlington, Vermont. Being a parcel of land located adjacent to and easterly of Spear Street comprising 60.7 acres, more or less, and being all that land depicted as Parcel "B" on a survey entitled "Subdivision Plan: Nowland Property II" dated March 1991, last revised June 13, 1991 and recorded April 9, 1992 in Map Volume 286 at Page 23 of the land records of the City of South Burlington(the"Survey"). The Premises are subject to: (a) the Vermont Current Use Program, pursuant to an application dated October 19, 2009 and recorded at Book 902, Page 15 of the land records of the City of South Burlington, Vermont; (b) the Offer of Irrevocable Dedication, dated February 6, 1992 and recorded at Book 322, Page 192 of the land records of the City of South Burlington, Vermont; (c) the Notice of Development Conditions, dated February 6, 1992 and recorded at Book 322, Page 197 of the land records of the City of South Burlington, Vermont; (d) City of South Burlington, Vermont zoning and land use regulations including the possible depiction of a proposed city park and Allen Road extension on any official map; and (e) the other encumbrances and matters noted on the Survey referred to above. Reference is hereby made to the above-mentioned instruments, the records thereof and the references therein contained in further aid of this description. (0005298741 IT IS THE EXPRESS INTENTION OF THE GRANTORS AND THE GRANTEE THAT THE RIGHTS, TITLE, INTEREST, AND EQUITY OF REDEMPTION IN THE • PROPERTY CONVEYED BY THIS DEED SHALL NOT MERGE WITH THE TITLE CONVEYED BY THE REAL ESTATE MORTGAGE FROM THE CITY OF SOUTH BURLINGTON, VERMONT TO PATRICIA WEAVER, AS TRUSTEE OF THE MARIE UNDERWOOD REVOCABLE TRUST,DATED FEBRUARY 22,2013 AND RECORDED IN VOLUME , PAGE OF THE CITY OF SOUTH BURLINGTON LAND RECORDS. THE EXECUTION, DELIVERY AND RECORDING OF THIS DEED SHALL NOT HAVE THE EFFECT OF DISCHARGING OR NULLIFYING THE MORTGAGE OR THE LIEN CREATED THEREBY. THE LIEN CREATED BY THE MORTGAGE SHALL SURVIVE THE EXECUTION, DELIVERY, AND RECORDING OF THIS DEED AND THE TRUSTEE OF THE MARIE UNDERWOOD REVOCABLE TRUST RESERVES ITS RIGHTS TO ENFORCE THE MORTGAGE AND ITS RIGHTS OF FORECLOSURE. TO HAVE AND TO HOLD all Grantors' right and title in and to said quitclaimed premises, with the privileges and appurtenances thereof, and all buildings, and improvements thereon, to the said Grantee, and its successors and assigns forever. AND FURTHERMORE, the said CITY OF SOUTH BURLINGTON, VERMONT, Grantor, do for themselves and their successors and assigns, covenant with the said Marie Underwood Revocable Trust, Grantee, and its successors and assigns, that from and after the ensealing of these presents the said CITY OF SOUTH BURLINGTON, VERMONT, Grantor, will have and claim no right, in, or to the said quitclaimed premises. [signature page to follow] (00052987,4) _2 IN WITNESS WHEREOF, Grantor does hereby execute this Reconveyance Deed as of • this 22nd day of February, 2013. IN PRESENC OF: CITY OF SOUTH— BURLINGTON By: A-1 W Witness Name: V3ei Title: Cc STATE OF VERMONT COUNTY OF CHITTENDEN, SS, At South Burlington, in said County this 22nd day of February, 2013, personally appeared 74her/ 7? j �, , fed of The City of South Burlington, to me known, and he/she acknowledged this instrument, by him/her signed and sealed,to be his/her free act and deed and the free act and deed of The City of South Burlington. Before me, t y u lic My commission expires: 2/10/2015 (00052987.4) -3 - WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS that PATRICIA WEAVER, as trustee of THE MARIE UNDERWOOD REVOCABLE TRUST under trust agreement dated February 13, 2009 ("Grantor"), in consideration of the sum of Ten and More Dollars, paid to her full satisfaction by THE CITY OF SOUTH BURLINGTON, VERMONT, a public body corporate and politic of the State of Vermont ("Grantee"), by these presents, does hereby GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, VERMONT, and its successors and assigns, forever, a certain piece of land with all improvements thereon and appurtenances thereto in the City of South Burlington, County of Chittenden and State of Vermont (the "Premises"), kw described as follows,viz: Being all and the same land and premises conveyed to Marie Underwood and Patricia Weaver, Joint Trustees of the Marie Underwood Revocable Trust under trust agreement dated February 13,2009 by Deed Into Trust of Marie Underwood dated February 13,2009 and recorded at Book 838 at Page 85 of the land records of the City of South Burlington, Vermont. Being a parcel of land located adjacent to and easterly of Spear Street comprising 60.7 acres, more or less, and being all that land depicted as Parcel "B" on a survey entitled "Subdivision Plan: Nowland Property II" dated March 1991, last revised June 13, 1991 and recorded April 9, 1992 in Map Volume 286 at Page 23 of the land records of the City of South Burlington(the"Survey"). The Premises are subject to: (a) the Vermont Current Use Program, pursuant to an application dated October 19, 2009 and recorded at Book 902, Page 15 of the land records of the City of South Burlington, Vermont; (b) the Offer of Irrevocable Dedication, dated February 6, 1992 and recorded at Book 322, Page 192 of the land records of the City of South Burlington, Vermont; (c) the Notice of Development Conditions, dated February 6, 1992 and recorded at Book 322, Page 197 of the land records of the City of South Burlington, Vermont; (d) City of South Burlington, Vermont zoning and land use regulations including the possible depiction of a proposed city park and Allen Road extension on any official map; and (e) the other encumbrances and matters noted on the Survey referred to above. Reference is hereby made to the above-mentioned instruments, the records thereof and the references therein contained in further aid of this description. TO HAVE AND TO HOLD the said granted Premises,with all the privileges and appurtenances thereto, to the said Grantee, THE CITY OF SOUTH BURLINGTON, VERMONT, and its successors and assigns, to their own use and behoof forever; and the said Grantor, PATRICIA WEAVER as trustee of THE MARIE UNDERWOOD REVOCABLE TRUST, for herself and her heirs, successors and assigns, does covenant with the said Grantee, and its successors and assigns, that until the ensealing of these presents, Grantor is the sole owner of the Premises, and has good right and title to convey the same in the manner aforesaid,that the said Premises are FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and hereby engages to WARRANT and DEFEND the same against all lawful claims whatsoever, except as aforementioned. (00054303.2) • IN WITNESS WHEREOF, the Grantor does hereby execute this Warranty Deed this ‘22" day of February,2013 in her capacity as Trustee of the aforementioned trust. THE MARIE UNDERWOOD REVOCABLE TRUST By: 7/04 ./ / aP • Name:Patricia Weaver Title:Trustee STATE OF VERMONT CHITTENDEN COUNTY, SS. At sb,, , Vermont this 22'") day of Fkv� , 2013, personally appeared, Patricia Weaver, as Trustee of THE MARIE UNDERWOOD REVOCABLE TRUST under trust agreement dated February 13, 1999, and she acknowledged this instrument by her signed and sealed to be her free act and deed and the free act and deed of THE MARIE UNDERWOOD REVOCABLE TRUST. Before me, Notary Public My commission expires: 2/10/15 {00054303.2} - -2 McKEE, GIULIANI& CLEVELAND A PROFESSIONAL CORPORATION ATTORNEYS AT LAW P.O.BOX 1455 MONTPELIER,VERMONT 05601-1455 J.PAUL GIULIANI PETER GIULIANI(1907-1998) GEORGIANA O.MIRANDA(NY&VT) W.EDSON MCKEE(1923-1999) GLORIA K.RICE TELEPHONE: (802)223-3479 ALDEN GUILD(RET) JOHN P.RILEY FAX:(802)223-0247 GLENN C.HOWLAND OF COUNSEL: FREDERICK G.CLEVELAND OFFICES AT: 94 MAIN STREET MONTPELIER,VT To: Re: No. 6580-22 City of South Burlington Underwood Property Spear Street South Burlington, Vermont REPORT AND CERTIFICATE OF TITLE The undersigned certifies that an examination has been made of the public records (except probate, bankruptcy and other court records, and vital records, unless otherwise indicated herein) relative to real estate titles in the municipality in which the real estate described in Schedule A below is situated. Such examination was conducted in accordance with the provisions of 27 V.S.A. §§601-606 dealing with marketable record title. Based upon such examination, and assuming that said records are properly indexed, and further assuming the accuracy of verbal verifications given by appropriate officials with respect to the status of taxes and assessments,permits,licenses and approvals,and documents filed for record but not yet indexed, it is the opinion of the undersigned, subject only to the matters shown in Schedule B hereinafter, that a marketable record title to the land and premises described in Schedule A below was,at the time of the Certificate,indefeasibly vested in:The Trustee(s) of the Marie Underwood Revocable Trust, u/t/a dated February 13, 2009. This Certificate is for the use of only the addressee(s) and their title insurers. This Certificate does not cover rights of parties in possession or their predecessors not disclosed of record, claims of Native Americans, mechanics' liens or materialmen's liens not shown of record, or tax liens not filed in the municipality in which the premises described in Schedule A are located. Title to the land and premises described in Schedule A below, subject to the matters set forth in Schedule B, is certified for the 40 year period ending the 7th day of February, 2013, at 9:00 o'clock a.m. This Certificate is subject to and excepts encumbrances or restrictions affecting the described land and premises or the present or proposed use thereof which may be the result of federal, state or municipal laws, regulations, ordinances or orders, including, but not limited to, building and zoning ordinances and environmental and health laws and regulations; and no certification is made with respect thereto, except to the extent indicated herein. Further, no certification is made with respect to any matter of survey, such as boundaries,area,building location,and encroachments,riparian rights or burdens or any such state of facts as may be disclosed by an accurate survey or an inspection of the premises. No search has been made regarding ancient rights of way,springs,water and pipeline rights and ancient roads or highways. Page 3 No. 6580-22 McKEE, GIULIANI & CLEVELAND SCHEDULE B 1. Property Taxes: a. Delinquent - None b. Property taxes to the City of South Burlington are assessed against the subject premises for the July 1,2012 tax year in the total amount of$272.28,payable in three installments of$90.76 each, and have been paid in full. A copy of the property tax bill is attached. 2. Municipal Water/Sewer Use Charges: N/A 3. Other Municipal Assessments: N/A 4. Private Assessments: N/A 5. Land Use Change Tax: These premises are enrolled in the Vermont Current Use Program pursuant to an application dated October 19,2009 and of record in Book 902 at Page 15 of the City of South Burlington Land Records. The relevant notice of change of ownership pursuant to said application is attached hereto. 6. State Land Use and Development Plans Act:Any change in use or development of the property will require compliance with Vermont Act 250 regulation. 7. Vermont Wastewater System and Potable Water Supply Regulations:Any change in use or development of the premises will require compliance with State Wastewater regulations. 8. Municipal Zoning Ordinance and other Bylaws: Any change in use or occupancy of the premises will require compliance with South Burlington Zoning Bylaws. 9. Mortgages: None undischarged of record. 10. Other Matter(s)Affecting Title:A Trustee's Certificate dated March 31, 2011 and of record in Book 1001 at Page 297 of the City of South Burlington Land Records states that Patricia Weaver is the current and sole Trustee of the Marie Underwood Revocable Trust, and has the power to sell trust property. A similar, updated, Certificate should be obtained for this transaction. 11. These premises are subject to the terms of an "Offer of Irrevocable Dedication" and "Notice of Development Conditions", dated February 6, 1992 and of record in Book 322 at Page 192 and Book 322 at Page 197 of the City of South Burlington Land Records. The strip of land which is the subject of the "Offer of Irrevocable Dedication" is depicted on the survey referenced in Schedule A hereof as "Proposed Deerfield Road Extension Right-of-Way". Copies of the Offer and Notice are attached hereto. Reference may also be had to a Warranty Deed from IBIS Page 4 No. 65 80-22 McKEE, GIULIANI & CLEVELAND SCHEDULE B (cont.) Corporation, Chittenden Trust Company, Executor of the Estate of Aurora W. Nowland and Helen N. Gagnon and Marie N. Underwood to the City of South Burlington dated September 22, 1988 and recorded on February 11, 2011 in Book 994 at Page 21 of the City of South Burlington Land Records, which Deed conveyed an additional strip of land for"Deerfield Way". 12. The survey referenced in Schedule A hereof depicts an 80 foot wide right of way across the subject premises labeled"80 foot R.O.W for proposed Allen Road Extension". There is also a notation on said survey as to a portion of the subject premises designated "Proposed City Park+/- 15.5 acres". The survey goes on to state as follows "Note: The depiction of the proposed City Park and Allen Road Extension on this subdivision plat is to acknowledge the existence of those municipal facilities in the interim official map. The lands within the boundaries of the park and road are not required to be dedicated and conveyed to the City in connection with the approval of the final subd' ' ion plat." Dated: February 12, 2013 By: /GLORIA K. RICE, sq. McKee, Giuliani & Cleveland, P.C. GKR:sg PAYABLE TO: CITY OF SOUTH BURLINGTON MAIL TO: 575 DORSET ST SOUTH BURLINGTON VT 05403 TAX BILL 802 846 4109 PARCEL ID BILL DATE TAX YEAR 1640-01600. 02/07/2013 2012 Description: 60.7 ACRES Location: 1600 SPEAR ST SPAN # 600-188-16239 SCL CODE: 188 TOTAL PARCEL ACRES 60.70 • OWNER UNDERWOOD MARIE REV TRUST WEAVER, PATRICIA 399 DUFFY RD MILTON VT 05468 FOR INCOME TAX PURPOSES i NON RESIDENTIAL ASSESSED VALUE REAL 1, 035,000 1,035, 000 EXEMPTION LAND USE - 1,020,100 - 1, 020, 100 TOTAL TAXABLE VALUE 14,900 14, 900 GRAND LIST VALUES 149.00 149.00 For more information about how education TAX RATE NAME TAX RATE x GRAND LIST = TAXES tax rates are determined, go online to: City Operating 0.3936 x149.00- 58.65 www.state.vt.us/tax/pvredtaxrates.shtml Open Space 0.0100 x149.00= 1.49 Local Agreement Vet 0.0005 x149.00= 0.07 NON RESIDENTIAL EDUCATION 1.4233 x149.00= 212.07 1st Payment 2nd Payment 3rd Payment TOTAL TAX 272.28 08/15/2012 11/15/2012 03/15/2013 STATE PAYMENTS 90.76 90.76 90.76 NET TAX DUE 272.28 i DETACH THE STUBS BELOW AND RETURN WITH YOUR PAYMENT CITY OF SOUTH CITY OF SOUTH CITY OF SOUTH TAX YEAR 2012 TAX YEAR 2012 TAX YEAR 2012 Taxes unpaid 1ST PAYMENT DUE I 2ND PAYMENT DUE 3RD PAYMENT DUE after the due 08/15/2012 11/15/2012 03/15/2013 date are OWNER NAME OWNER NAME OWNER NAME considered UNDERWOOD MARIE REV TRUST UNDERWOOD MARIE REV TRUST UNDERWOOD MARIE REV TRUST delinquent. An 8% • PARCEL ID PARCEL ID PARCEL ID penalty will be 1640-01600. 1640-01600. 1640-01600. assessed plus 1% interest. D OUNT DUE AMOUNT 90.76 T 90.76 DUE 90.76 Interest accrues monthly on the AMOUNT AMOUNT AMOUNT 15 th. PAID PAID PAID .. .. , . C 7 OFFICE 0-, 19,,Yet•P ?1,4 • , R In Vo. 2?D•-• on Page)g.9-46:7 4., ' Of So. urltngton Land Records. Atteit • • • i'' ' • I .112-"9CCLU -C-21.----:?°sC-CTLI‘a Margaret A.Pkard,City Cler OFFER OF IRREVOCABLE DEDICATION k i Hs -- I Agreement made this t•-day of February,1992,by and between Gerald C.M1lot,of Burlington, County of Chittetulen,State of Vermont,John P.Latidn,of Burlington,Comity of Chittenden,State of Vermont and Marie Undeneood,of South Burlington,County of Chittenden,State of Vermont(the'Owners')and the , I City of South Burlington(the'City). k. 1. WITNESSETH ,--- I i WHEREAS,the South Burlington City Planning Commission has approved a final subdivision plat r i entitled:'Subdivision Plan Newland Property IP dated March,1991,last revised lune 13,1991,prepared by I Fitzpatrick-Llewellyn,Inc.;and WHEREAS,the final approval of the Planning Commission dated February 4,1992,contains the : • . i •. • '-----. ' • (Mowing conditions: In accordance with the Owners offer,Owners shall execute and deliver to the Planning Commission,an Offer of,Irrevocable Dedication and accompanying warranty deed conveying an eighty(80)foot .1 strip of land as depicted on said aforementioned final subdivision plat,said eighty(80)foot strip to be used in ..,•,, i the future for roadway and recreation path purposes by the City;and • i ' 1 i WHEREAS,the above-described strip is to be dAtirated to the City free and clear of all encumbrances f:1 • 4 ,....?•) pursuant to the final approval of said final plat;and WHEREAS,the Owners have delivered a warranty deed of conveyance to the City for the strip of land 1 li:'i above-desaib.d. • i NOW THEREFORE,In consideration of the City Planning Commission's final approval,in further f 1','... consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable . p'. consideration,it is covenanted and agreed as follows: •. . . L The Owners herewith deliver to the City a Warranty Deed,a copy of which is set forth as r.;.: •. Exhibit A,attached hereto,said delivery being a formal Offer of Dedication to the City,to be held by the City until the acceptance or rejection of such Offer of Dedication by the City Council, Z The Owners agree that said formal Offer of Dedication is irrevocable and can be accepted by , the City at any time. 1 .g.•,' 5 3. The granting of the final approval of the subdivision plat and the execution of this Offer of , Dedication and Warranty Deed shall impose no obligation upon the Owners to pay for or construct any improvements in connection with the construction and use of the strip of land for roadway and recreation path purposes. 4. This Irrevocable Offer of Dedication shall run with the strip of land and be bindingupon the Owners and their respective heirs,successors,and assigns as owners of the land,and upon the successors in title to the strip of land and any part thereof. - 7.. f IN WITNESS WHEREOF,the Owners hereby execute this document as of the day first above written. . , I . t , ---- ••••••': ' IN PRESENCE OF: OWNERS t„,..,.......:,,,, :. . Marie lJnderwood l."' ; • • '- , ::,? Witness as to MU to Ceraild C.I:Iilot 7 • i' . t . .. ' . , r, I itness as to GCNI fl at i, Witnes as to IPL ft! --.... t .' • , , 4' ,':;. .i f. ,;,Z1';',',: ‘' ::•-•`:.,,.. i . ' . . ..‘. • . .- . . , . . - e...c.o.i','Ji.,----.-1;',!.: • ' • 1 • ;.:';',..tir':. -:-r-'7• .• . ' ,...._.) 4-,•',-• ',-; 4,-.• ..•"... :. • ;:'; -."::',.. ; -i,!", ,f.,-. •' • • --'"i, "•:•,i,.. .• ..._,.. ',',';'-•'..':.'t:'- '••-•;.'''''':'''' ' • ,,..e. t,-;;.4:,•••• . . .,•••••,,,,,, :'•••,' ••••••• c-;,;','..!_z-, ,::::,0,,••••1.::-,-...- , ' - • • `i I Vol,t. .<• r Page •0 a � I,f Y. .. '' STATE OF VERMONT • ,,. _ COUNTY OF CHICEENDEN,SS. '- ` ,, n�, F��;,.Jrv�' Al South Burlington,in said County and State,this r44lday of pisruary,1992,personally appearcd MARIE UNDERWOOD and ahe acknowledged this instrument,by her signed,to be her free act and deed. .1 Before me � t\. "'1.1 Ntary Public 1—. r ..{ My commission expires 2/10/95 , � t STATE OF VERMONT ''.4i.1 COUNTY OF CRIITENDEN,SS. > At Burlington,in said County and State,this -day of February,1992, personally appeared GERALD C.MILOT,and he acknowledged this instrument,by him signed,to be his free act and deed. • r .; Before me, 1.--ir_ !� . i(,_i _' '.j. Notary Public J 1> My mmission expires 2/10/95 7 STATE OF VERMONT - COUNTY OF CH/ITrE/NDEN,SS. At ��j/,it 4. in said County and State,Ws/0 day of February,1992,personally appeared f JOHN P.LARSQN,,_ij he acknowledged this instrument,by him signed,to be his fin act and deed. I ,;1 Before me, 4( V • Notary Public ;;;� My commission expires 2/10/95 I ; _, 1t,{ Ittmolrcr.bOt ;1 [„.._ ip 2. 1 1 , `a t at t' k . _.3,:4,....;:i.5, 42.,.,,,..i...,;4.,•;z:;:•..--26.4,-;•.;:,..•-s.,:,-.,...,2•••••:-.7.„77,,'",;,,r,;.- :., - .. • ..''.'ff.':,'.-:-.,•., ••-•.,,,,- .•--• VOL',..b.badd'.- ''•''' ; .. ck),,.;,...•,.----., • '.:.*,•:,•,'" - • -•:-••.•:c..•: _____.---- 4,141 i :.•:,:•i;2•''' ! . ...-.. WARRANTY DEED 1 ' ENOW ALI.MEN BY THESE PRESENIS,That MARIE UNDERWOOD, of South Burlington, t . . . County of Chitteaden,'and State of Vermont,GERALD C.MILOT,of Burlington,County of Chittenden,State . , .._ ' 1! icil',.. •-; of Vermont,and JOHN P.LARKIN,of BurLinvon,County of Cilium:idea,and State of Vermont('Grantors') , — t a...,_ ! ia considtration of Ten and More Dollars, paid to their full satisfaction by THE CITY OF SOLTH • I . BURLINGTON,a municipal corporation Located in Chitteaden County,State of Vermont,('Grantee")by these ....- . i ......_ presents,do freely GIVE,GRANT',SELL,CONVEY and CONFIRM unto the said Grantee,THE CITY OF r . , '.. SOUTH BURLINGTON,its successors and assigns forever,a certain piece of land in South Burlington,in the . , . . • i!•!! ! County of Chittenden,and State of Vermont,(hereinafter the?remises')des as follows,viz . !.-..' . ,,. , Beginning at a concrete monument in the easterly or teat boundary line of property of the within . . .. k'-'• ' Grantors said monument being 110610 feet northeasterly of the oancrete monument marking the southeasterly corner of the property of the within Grantors;thence N 83'35'03'W 1010,93 feet too -__ .• . - concrete monument;thence in a curve to the right a length of 328.93 feet to a concrete monument; [ thence N 6.7 27'46'W 361_57 feet to a concrete monument in thc easterly boundary of property now or formerly of Ibis;thence N 26'56'55'E 80.08 feet to a concrete monument;thence S 65'rr 4'E i 35820 feet to a concrete monument;thence in a curve to the left a length of 303,63 feet to a concrete I t i raoaumen4 thence S 83'35'03'E 1010.93 feet to a concrete monument in the easterly or rear , 1 • • • boundary line of the property of the within Grantors;thence S 06'24'5'7'W 80.00 feet to the concrete 1 . moms ent marking the point or place of begicalog. Said strip of land is more particularly depicted on a survey entitled'Subdivision Plan,' Nowland Property IP dated March,1991,last revised June 13, : 1991 approved by the South Burlington Planning Commission dated February 4,1992 and recorded in ' . ! Map Volume at Pages of the South Burlington City Land Records. —..---- • i Said property is a portion of the property in which a one-half interest Wia dr.C4C4-C1 to Millie i Underwood pursuant to a partial decree of the Chittenden Probate Court in the Estate of Aurora W. i No dated February 8, 1990 and recorded in Volume 290 at Pages 472-477 of the South I • Burlington City Land Records Said property is alio a portion of the Property,4 one-half interest in I which was conveyed to Gerald C.Milot and John P.Larkin,as tenants in common,by warranty deed of Rhea!C.and Helen N.Gagnon,dated July a,1990,and recorded in Volume 296 at Pages 538-540 of the South Burlington City Land Records. Reference is also made to the subsequent conveyances r : between the Grantors of or about even date herewith and recorded in said South Burlington City Land Recorcti. • — The abovedescribed property is conveyed to the within Grantee for use for municipal road purposes . ' I 1 1, and for a recreatlin path. Reference is hereby made to the above-mentioned instruments,the records thereof and the references therein contained in futh, er aid of thisdescription. TO HAVE AND TO HOLD the said granted Premises,with all the privileges and appurtenances thereto,to the said Grantee,THE CITY OF SOUTH BURL/SGTON,and its successors and assigns,to its own use and behoof forever;and we.the said Grantors,MARIE UNDERWOOD,GERALD C.11f ILOT and JOHN P.LARKIN for ourselves and our heirs,executors and administrators,do covenant with the said Grantee,THE 1 ! CITY OF SOUTH BURLLNGTON and its successors and assigns that until the ensealing of these presents, ' il ! IN that we are the sole owners of the Premises,and have good right and title to convey the same in the manner 1 ;aforesaid,that the said Premises are FREE FROM EVERY ENCUMBRANCE,except as aforementioned;and we hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as afore-mentioned I '. t -__ I . • ...,;54-1.,,,',-•; . ,.- -'.:-.,---,-*-•,,-,1"::.•'- • • . ,..;',F:-..X.-.'t-. ....•.,- -.'-:'., .,,.2.,, -.,-„A.,;•...::, -......- .• Y,.;:.:::..'•' -`,«f.'+:ti.-2..';', ':' ..:-::::-..r: -• .: • .,..,t;ec-.,,,,A,--i.:•j:•.•.,-5..1,1,-.,--- -, Wt;:%'-,k;;?:fli.3..':''.•:: -....;•-:;!••--.• . . • • . . . • • • . rE f k" VOG.., t3 ays V+ Y4,l.s. Rheal C.and HekaN.0 a Ii Gagnon execute this warranty'deed for the sole Purpose of discharging the :as above-desc bed property from a mortgage given to them uty$ 1 I by Gerald C.Milos and John P.Larkin dated J 7 ' 1990,and recorded in Volume 296 at Paget 370.372 of the South Burl ington City Lead Records - '. IN W[TNES$WHEREOF, We hereunto set our hand this day of February,1992 , I ' IN PRESENCE OF: i_ Witness u to MU Marie Underwood witness at.to MU r b Witness asto GCM l Gerald C.Milos Witness as to GCM �— t Witness as to JPL John P.Larkin Witness u to JPL I P. Witness u to RCG end HNG Rheal C.Gagnon tg Witnessu to RCG and HNG }Idea N,Gagnon f STATE OF VERMONT CH1TTENDEN COUNTY,SS. At South Burlington,is saidCounty,this day of UNDERWOOD and she acknowledgedthe within instrument, Fes ' to be 1992,personally appeared mstrstmeat,by her cign�.l,to her free as deed. Before me, • i Notary Public i My commission expires 2/10/95 t ti STATE OF VERMONT t CIIITTENDEN COUNTY,SS. andAt MILOT, he Burlington,in said County,this day of February 1992,personally aed GERALD C. acknowledged the within instrument,by him sign to be his free act andpear deed. �� Before me, 5 Notary Public f 1 My commission expires 2/10/95 1 { -2 c.t t _. ' . , • rs • . 77,f F11 • Sri'' Page ry= .. I" } M STATE OF VEP OM' • ,•, COUNTY OF CFBTIENDEN SS. If _•�;: appeared)OEiN P. and he said County and State,this I. day of February, 1992, persoaall +claowkdged this instrument,--by him signed,to be 6ia free as and deed 1 Before me, I- . Noary Publ c t - My commission expires 2/10/95 �'- STATE OF VERMONT . I i U CONTY OF CRI TENDEN,S.S. 1 • At appeared in said Co day of February, 1992, a C.GAGNON and HELEN AGNON,eand tbey acknowledged this �e �rsooafly signed,to be their free as and deed at,by them • Before me, • • ' Notary Public My commission expires 2/10/95 1 i �. • 1 t t{ 1 i i ttswd.soy . i - ' 9 i t, • • • It • • :..- END OF DOCUMENT . ,# , ife. ,,,,..„..c.r.„.., . • fir.:. : 1. .. • i. CITY CLERK'S OFFICE 41-. Vol ,3 R _19 9a at M r • Page• R,:.,.rde''in 1M,, 3 ail on page/ 9-1'(' • Of So.Burlington Land Records. Attest: , '{"r, : .�?.c,„_; OF DEVELOP .iyt'CONDITIONS Margaret A ins txxiceClerk made this felt dayof by Burlington,County .. . February,1992, Gerald C.Milot,of of ' ' Chiuraden, State of Vermont, and John P.Larkin,of Burlington, County of Chittenden, State of ' Vermont,and Marie Underwood,of South Burlington,County of Chittenden,State of Vermont,(the "Owners'). WITNESSETH: WHEREAS, the South Burlington City Planning Commission has approved a preliminary subdivision plat entitled: 'Subdivision Plan Kisowland Property II'dated March,1991,last revised June 1 11,1991,prepared by Fitzpatrick-Llewellyn,Inc.;and . i i • WHEREAS,the final subdivision approval of the Planning Commission dated February 4,1992, 4 ! contains the following conditions: t I (a)if either lot is subsequently subdivided with less than 50 residential units,the applicant at such I 1 time will be required to access the proposed development via the 80 foot right of way and construct to city standards that portion of the roadway and utilities nr.ssary to serve the development; 1 (b)if either lot is subsequently subdivided with 50 or more units the applicant will be required to construct the entire road and utilities to city standards to the easterly property lime; i • 1 . i NOW THEREFORE,in consideration of the City Planning Commission's final approval,in further consideration of the sum of Ten Dollars paid by the City to the Owners,for other good and fft valuable consideration,it is covenanted and agreed as follows: 1. When the first of the two lots receives a subdivision permit from the Planning 1 Commission: (1)if the approval is for less than fifty(50)residenrial units,the applicant will be required i to use the eighty(80)foot strip as a means of access to the subdivision and shall construct a roadway to City standards from Spear Street easterly through the existing strip of land dedicated to the City by a deed • ' recorded in Volume 271 at Page 605 of the South Burlington City Land Records(and depicted on a plan recorded in Map Volume 252 at Page 87 of said Land Records),and continuing easterly through that . 1 portion of the eighty(80)foot strip reasonably necessary to serve the subdivision,the portion of the eighty i (80)foot strip necessary to serve the subdivision to be depicted on plans submitted with the application of the subdivision,said construction to include utilities necessary to serve the subdivision;or(ii)if the approval is for fifty(50)or more residential units,the applicant shall construct the roadway from Spear • 1 Street easterly to the applicant's land and then easterly through the entire length of the eighty(80)foot strip to the easterly boundary of the strip of land. i 2. When the second of the two lots receives a subdivision permit from the Planning Commission: (i)if the approval is for less than fifty(50)residential units,the subdivision shall use the roadway previously constructed for the subdivision approved for the earlier lot and there shall be no obligation to extend and construct a roadway or utilities within the eighty(80)foot strip beyond that Ti 1 already constructed in connection with development of the earlier lot unless an extension is reasonably • f required to serve the second subdivision;(ii)if the approval is for fifty(50)or more residential units,and j the subdivision approval for the earlier lot is for less than fifty(50)residential units,the applicant shall 1 I be required to extend and construct the roadway to City standards through the reminder of the eighty(80) foot strip to the strip's easterly boundary,construction of the roadway to include the extension of existing t }i utilities. I' i 3. The obligation to actaalty construct the roadway and utilities shall not arise until the subsequent subdivision of each lot.has received all other final permits and approvals and actual construction of the subsequent subdivision of each lot has commenced. I 4. The obligations imposed hereby shall not relieve the owners from compliance with • applicable provisions of City ordinances regarding public road ar res to major or secondary streets Including the requirements presently contained in the City of South Burlington Subdivision Regulations that not more than 50 dwelling units may be served by a street or system of streets sharing a common single access to a major or secondary street. 5. The requirements of this Notice of Development Conditions shall run with the land and be binding upon the Owners and their respective heirs,successors,and assigns as owners of the land,and upon the successors in title to the land and any part thereof. , I e i { 4 rr A t Nc r l A yo, .42...).- . , . IN WTTNESS WHEREOF,the Owners hereby execute this document as of the day first above • • written. l• ' t IN PRESENCE OF: OWNERS i I k • - t Witness to MU Marie Undenvood S . Witness as to MU — •// ,.._ ti 1 i 111.:WV" il Gerald C.Milot -,-- . •, rittiess as .GCM- — • t tt4 , , ',, -Witness as to/FL John I. • ( : : Witness as to IPL STATE OF VERMONT COUNTY OF CH1TTENDEN,SS. At South Burlington,in said County and State,this 41? day of Fp.brffiry, 1992,personally appeared Marie Underwood and she acknowledged this instrument,by her signed,to be her free act and deed. Before Notary blic My commission expires 2/10/95 STATE OF VERMONT COUNTY OF CH1TTENDEN,SS. At Burlington,in said County and State,this j --day of February,1992,personally appeared . ,Gerald C.Milot,and he acknowledged this instrument,by him signed,to be his free act and deed. ; • • Before me, . . . (.1 No Public , . I --- My commission expires 2/10/95 . STATE OF VERMONT COUNTY OF CHT1TENDEN,SS. At South Burlington,is said County and State,thistC) day of February, 1992,personally appeared John P.Larkin,and he acknowledged this instrument,by hint signed,to be his free act and } I deed. 'i I Of___t_fr_ce Before me, Notary Public My commission expires 2/10/95 I ; .: ' IlAnscose1011 .._. END OF DOCUMENT ,,..,‘,1,--•i•••.,, _ „, ,,,,:.,,,,,,,,,•:.!., i r.,,,,,,,,,•?... , . .......... -,-••••••..1,-.1-• . • •-...:-...,:i.,...• ...___ ..__. .. -...,,,••,:•, • -., f:,..i;-„,..._::.- ..• 00006274 V: 902 PG: 16 .4 o CURRENT USE PROGRAM FOR DEPARTMENT USE ONLY �` ' I33 STATE STREET RECEIVED VERMONT MONTPELIER,VERMONT 05633-1401 NOTICE OF CHANGE OF OWNERSHIP OCT 2.8 �nrr 0 3 (Not to be recorded in municipal land records)SECTION I l ALL FIELDS REQUIRED FOR PROCESSING-DESCRIBE THE PROPERTY AS IT EXISTED BEFOSEYANCE Name of Landowner(s)-List all 5 icrh S `/n q+o r) Masi �� rW L� Parcel IINN from Grand List Book/ /& 1O— ©IL►UD Co tact land caner ling Address Phone SPAN—School Property Account No � $ � J(ea,r •ifrt# 00,2 -'6>2-1pG54/ boo - 119s-1Co�39 Zip Code Number of Acres Owned Number of Acres Excluded Goo' th Au.rlin n V ` DS'D3 LPo. 7 Fa u"' Acres to be Appraised at Use Value: Farm Buildings Actively Used b a Fanner ll be Enrolled: Category Acres (Provide number of each type to be enrolled) © Farm Crop Processing Facility 0 Agricultural Land G 0 Barns Greenhouses --0-- Farm Employee Housing D Productive Forest Land Sheds Sugarhouses 0 Nonproductive Forest Land • 0 /7 TOTAL 0 Conservation Land Silos —u-- - SECTION 2 J.DESCRIBE PORTION TRANSFERRED HERE un` P ion Transferred Tp:(Name and Address) ri'l /7V5 cr hange pf Ownership Date Acres Transferred f` ari�.L 'I(�ZrwQod etyra),lc7ros�"Arhplioll�yTO1I n/ II3J©9 Go-7 SECTION 3 }}ALL FIELDS REQUIRED FOR PROCESSING-DESCRIBETHE PROPERTY AS IT EXI TED AFTER CONVEYANCE NauofLandownr(s)- ' all Description of Parcel(Physical Location of Property) r ,.ir-ett e. Lt !II o© �e a rwood ,fey a�l� 7rL)5f tb a Icra f RA" Try stte. , )U £u,,rlm7/ohr Yr Contact owner Mail ddr Phone / Q.ST 0,3 \979 _/' BP GYkLQ Sop? 663-36YB 7{D SD e�iT de Number of Acres Owned Number of Acres Excluded City„ r) lbe • V " 0 c i 1P0.7 D Farm mJlBuildings Actvely Used by a Fainter to be Enrolled: to be enrolled) Acres to be Appraised at Use Value: (Provide number of each type Acres 0 CategoryBBarnsFarm Crop Processing Facility D Agricultural Land &0.7 1 Greenhouses O Farm Employee Housing 0 Productive Forest Land 0 ShedsQ Sugarhouses Nonproductive Forest Land 0 Silos 0 TOTAL 0 Conservation land a SECTION 3 THIS NOTICE MUST BE PRINTED AND MAILED WITH AN ORIGINAL SIGNATURE OF ALL LANDOWNERS ON ALL COPIES. If signature is other than owner(s),attach copy of recorded power of attorney or other recorded authorization. I AM THE OWNER OF ALUA PORTION OF THE PROPERTY DESCRIBED IN SECTION I AND WISH TO HAVE IT CONTINUE IN THE USE VALUE A PPRAISAL PROGR AS OUTLINED ABOVE. I HAVE ENCLOSED A PROGRAM APPLICATION AND MAPS OF THE PARCEL • DRAWN TO THE STANDA ESTABLISHED FORTR(�OnL/L,pM,}ENT IN-THHE PRO'RAM. �17- /9- n • Owner3ignature: �/VI w � allf V[, l Jt�[.,a'l 11 Data: V Date: Owner Signature: • Date: Owner Signature: LU-CHANGE Rev.Il09 MAIL COMPLETED NOTICES,APPLICATIONS,AND MAPS TO: Property Valuation&Review Division Current Use Program - 133 State Street Montpelier,Vermont 05633-1401 -END OF DOCUMENT . • 00012980 Va 994 PG: 21 . . CITY CLERK'S OFFICE Received Feb 11,2011 03125P Recorded.in VOL: 994 Pi: 21 a3 .OF So..&.'limton Lod Records _ Attest: Donee Kinville Cite auk WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS; THAT We, ISIS CORPORATION, a Virginia Corporation with office and principal place of business in Herndon, County of Fairfax, State of Virginia, .end CRITTENDEN TRUST COMPANY, Executor of the Estate of Aurora W. Rowland and HELEN N. GAGNON and MARIE N. UNDERWOOD, of South Burlington, in the County of Chittenden, and State of Vermont, GRANTORS, in the consideration of TEN AND MORE DOLLARS paid to their full satisfaction by CITY OF SOUTH BURLINGTON, a Vermont municipality, GRANTEE, by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said GRANTEE, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, a certain piece of land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: The interests of all the Grantors herein in and to a certain strip of land having a frontage on the east side of Spear Street and a uniform width of 80 feet that runs easterly from Spear Street for a distance of 397 feat, more or less. This strip of land is located so as to be an extension of "Deerfield Way" and the northwesterly corner of said right of way as it intersections with the easterly line of Spear Street is 48.86 south of the northwest corner of a parcel of land conveyed by Helen Gagnon, Marie Underwood and the Chittenden Trust Company as Executor of the Estate of Aurora W. Rowland to IBIS Corporation by two deeds of approximate even date. The herein Grantors join together in this conveyance to convey to the City of South Burlington the entire fee title in and to said strip of land that has a uniform width of 80 feet and runs easterly from Spear Street approximately 397 feet. This conveyance is for street purposes and the warranties herein ars only to the extent of the interest of the herein Grantors in and to said strip of land. Chittenden Trust Company executes this deed as Executor of the Estate of Aurora W. Rowland and this deed is to act only as an Executor's Deed for the Chittenden Trust Company for the interest of the late Aurora W. Howland in said strip of land but as a Warranty Deed to the other Grantors but only to the extent of their various interests. The four Grantors herein have a title to all of the interests in said strip of land. Reference is hereby made to the herein conveyed parcel as it is shown on a Plan of Land entitled "Land To Be Conveyed to IBIS Corporation, South Burlington, Vermont", G. E. Bedard, o row ten,, Inc., Hinesburg, VT., dated December 18, 1986, revised July 27, 1988, and recorded in Volume 2Sg , Page ,Qy of the ,, ,,� Land Records of the City of South Burlington. VIERSOCKT _ 1 _ 1 00012980 V: 994 PG: 22 .1 Reference is hereby made to the above instruments, the records thereof and the references therein made in aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said GRANTEE, CITY OF SOUTH BURLINGTON,its successors and assigns, to its own use and behoof forever; and we the said GRANTORS, IBIS CORPORATION, CRITTENDEN TRUST COMPANY and HELEN N. GAGNON and MARIE N. UNDERWOOD, for ourselves and our heirs, executors and administrators, successors and assigns, do covenant with the said GRANTEE, CITY OF SOUTH BURLINGTON, • its successors and assigns, that until the enssaling of these presents, we are the sole owners of the premises, and have good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; EXCEPT as above stated. And we do hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, EXCEPT as above stated. IN WITNESS WHEREOF, We hereunto set our hands and seals this - -'day of ve �•.1988. In Presence of: IBIS CORPORA y u r Agen ��me CRITTENDEN TRUST COMPANY, / Executor of the Estate of /J S/ BY: 1111 l�fi1C� � . Gl ffiVe%07V ch zych, Tt s Officer lS'/_ Eii_en N gnob AOMPAIOS IT:/' , - . rwoo Mar a R. erwo rd— STATE OF VERMONT CRITTENDEN COUNTY, SS. At W.4.46.00d this 2-� day of $ nt, 1988,fKEE 8XY7ftisv,PR�,PS IT cwt. , DulY Authorized Agent, personally appeared and he/she `"""""AS acknowledged this instrument by her/him sealed and O `-ren TrruArm subscribed to be his/her free act and deed and the free act ANY, x..uw srurr P.O.SO%x, awanmw weanr* ' C•1403-0.3 _ g _ ! . ._ .. 00012980 V: 994 PG: 23 and deed of IBIS Corporation. Before me, Notary r c STATE OF VERMONT CRITTENDEN COUNTY, 88. At Burlington this day of 1988, Cheryl Parzych, Trust Officer, person y Me acknowledged this instrument by her sealed and and subscribed to be her free act and deed and the free act and deed of the Chittandan Trust Company. Before me �� _��x Notary STATE OF VERMONT CffiTTENDSN COUNTY, 88. T€,x 8o/L(./NG�dn/ this ieaQ �day of Helen N. Gagnon personally appear and she acknowledged this instrum t by her sealed and subscribed to be bar free ac de Before me, No Pub c STATE OF VERMONT CRITTENDEN COUNTY, SS. At a00.4Ar(3� this 2 4 1988 Marie N. erw of personallappearedUnderwood y and she acknowledged th s instrument by her sealed and subscribed to be No ee i/�ed. Before me, Notary 1 c BPSREAL\ROW2.ND Verwat Pronerts Transfer Tax 32 V.S.A. Chap 231 —ACKNOWLEDGEMENT— RETUtN AEC'D-TAX PAID MAW OF HEALTH CERT.REC'D. PT LAND DV&DEYE1DPMENT PLANS ACT.CERT.REC'D Return No. . Daps Marine Cite Clerk Date Feb 11,2011 Nwe"O,a TtrzurrM.WMIK °EAL° END OF DOCUMENT 3 - ' #1 - HE GE DR ( ,,,,z,/,:,, . .f# � ' , - .� I ,..�, plzi; . ... : 441,,,....1.0: , de k s _ is 4 ' D „d G i `t, a . A, It r. cn verlook Par m } i - - . Underwood Property y e 6+ilR+ q -'Y ' ' ,_ - Legend N �er Underwood Tn�a ar�,oli hmat �,,�aat��aermaaa� mare iG swr.xs.Em,n ana tanivions maY.'sisl. 2ott Patcel boun,Wries-South Rudington.:l.� Parcel Boundaryr uorssofon-the-grounalr�tioncan be resolved by ,�,p t gmphy-Bin ex1133“is site inspections and/or sun eve by registered surveyor. (Mhophotogmphy-Ring turn ThB mapis n.�.an�denr ir aehneattna auetn� Property �tnegva a.rmsmapiaenu th pry war soutlf., ;- iaamrs,ana m, l mwtm�nr aaween kaarn.0 145 290 580 870 I taae,r,i an but isontampin•unarr,tG,rsur,ycatommuon« Feet Map Prepared February 25,2013 s'..ne.rringxt,rlics 5 :.., Y Vt it M.0 N 1 MEMORANDUM TO: South Burlington City Council & Interim City Manager FROM: Kimberly L. Murray, Development Coordinator SUBJECT: Interim Zoning Application#IZ-12-06(201 Allen Road) & Interim Zoning Application #IZ-12-14(462 Shelburne Road) DATE: February 26,2013 City Council meeting Please find enclosed the draft Interim Zoning decision for#IZ-12-06, Larkin Realty, 201 Allen Road and draft Interim Zoning decision for#IZ-12-14 Pizzagalli Properties, LLC, 462 Shelburne Road. These decisions have been reviewed by the City's Attorney. Please note that the public hearings have been closed and decisions needs to be issued by March 21, 2013. 575 Dorset Street South Burlington, VT 05403 tel 802.846.41 31 fax 802.846.4101 www.sburl.com #IZ-12-06 CITY OF SOUTH BURLINGTON CITY COUNCIL 201 ALLEN ROAD INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-06 FINDINGS OF FACT AND DECISION John Larkin, hereafter referred to as the applicant, requests conditional use approval under 24 V.S.A. §4415 and the Interim Bylaw to construct a forty (40) unit planned unit development (PUD) (Phase One of a seventy-one (71) unit project) on 26.2 acres at 201 Allen Road. The City Council held a public hearing on June 11, 2013, August 20, 2013, September 18, 2013, October 22, 2013, November 19, 2012, December 17, 2012, January 7, 2013, and February 4, 2013. Skip McClellan from Ruggiano Engineering, Inc. represented the applicant at these hearings. Based on testimony provided at the above mentioned public hearing, the plans and supporting materials contained in the document file for this application, the City Council finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant requests conditional use approval under 24 V.S.A. §4415 and the Interim Bylaw to construct a forty (40) unit planned unit development (Phase One of a seventy- one (71) unit project) on 26.2 acres at 201 Allen Road. Applicant has not yet requested approval of, and the City Council has not reviewed, the 31-unit Phase Two. 2. The owner of record of the subject property is John Larkin. 3. The application was received on April 3, 2012. 4. The subject property is located in the Residential One and Two Zoning Districts. Of the 26.2 acres only 1.2 acres is in the R-1 District. The minimum lot size for these Districts is 12,000 square feet for a single-family dwelling. 5. The plans indicate two (2) triplexes, six (6) single family dwellings and fourteen (14) two family dwelling units for a total of forty (40) dwelling units. 6. The plans submitted consist of a three (3) page set of plans, entitled "Farm Stand South Sketch Plan," prepared by Ruggiano Engineering, Inc., and dated 10/23/12. 7. Applicant's testimony at the hearing indicates at least fifteen (15)two bedroom units, fifteen (15) three bedroom units, two (2)four bedroom units and four(4) one bedroom units would be constructed on site. The remainder would be some combination of units. F:\USERS\Planning&Zoning\Development Review 1 Board\Findings_Decisions\2013\IZ_12_06_201AIlen_LarkinRealty_FarmstandSouth ffd.doc #IZ-12-06 8. Applicant's written testimony proposes that most of the units would be priced at or below $239,000. 9. The written testimony stated that fifty (50) garden plots of 200 square feet each would be provided on the northeast side of the property. 10.The resulting development will leave about 16.0 of the 26.2 acres of open space, consisting of open fields, mixed tree forest and either wetland or wetland buffer, for the purpose of screening and protecting the proposed homes and roadways and to be an asset for the future homeowners and the City. 11. In this area along Allen Road there is existing residential devebpment including multi- family and single family dwelling units. 12.There are wetlands located along the southern portion and the middle of the property. No other environmental limitations(steep slopes, shallow depth to water tables) or significant natural resources (wildlife habitat or corridors, rare tree stands, etc.) are apparent on the subdvsion site. 13.The proposed subdivision does not include renewable energy production on site. CONCLUSIONS OF LAW I. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY21, 2012 Interim Bylaw Section II: Description of Districts Affected This Interim Bylaw shall apply to all Districts established and listed in Article 3.01(A)(1)- (4) of the South Burlington Land Development Regulations except for: A. Airport Industrial B. Airport C. Institutional Agricultural— North D. Queen City Park E. Lakeshore Neighborhood F. Municipal G. Park and Recreation H. Southeast Quadrant— Village Commercial I. Mixed Industrial and Commercial District J. Industrial and Open Space District The proposed residential development is within the Residential 2 District and is therefore subject to the Interim Bylaw. 2 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_12_06_201 Allen_LarkinRealty_FarmstandSouth_ffd.doc #IZ-12-06 Interim Bylaw Section III: Limitations on Land Development Within the areas affected by this Interim Bylaw, the following shall not be allowed: A. New Planned Unit Developments. B. New subdivisions. C. New principal buildings that require site plan approval. D. Alterations to existing principal buildings. E. Alterations to any other existing structures used for commercial or industrial purposes. F. Amendment of a master plan or any related site plans or plats that deviates from an approved Master Plan in one of the respects set forth in Article 15.07(D)(3)(a)-(e) of the South Burlington Land Development Regulations. The main purpose of an interim bylaw is to temporarily preserve the existing land uses and maintain the status quo while the municipality formulates its permanent zoning bylaws. See Town of Mendon v. Ezzo, 129 Vt. 351, 356-357, 358 (1971); see also Section I of the Interim Bylaw("[T]he purpose of this Interim Bylaw is to provide the City time . . . to prepare and adopt amendments to the Land Development Regulations that implement the City's goals and objectives."). For the reasons set forth in the Purpose of the Interim Bylaw, and to temporarily preserve the existing land uses and maintain the status quo while the City formulates amendments to its Land Development Regulations, the City Council determined that six types of development will or could be contrary to the amendments to the Land Development Regulations and the Comprehensive Plan the City presently is contemplating. The proposed development, to construct a forty (40) unit planned unit development (Phase One of a seventy-one (71) unit project) on 26.2 acres at 201 Allen Road is prohibited by the Interim Bylaw pursuant to Section III (A and B) above, and does not qualify for an exemption under Section IV of the Interim Bylaw. II. STANDARDS OF REVIEW Interim Bylaw Section VI: Review of Applications The City Council may, upon application, authorize the issuance of permits for any type of development as a conditional use not otherwise permitted by this Interim Bylaw, after public hearing preceded by notice in accordance with 24 V.S.A. section 4464. The authorization by the legislative body shall be granted only upon a finding by the Council that the proposed use is consistent with the health, safety, and welfare of the municipality and the following standards. The proposed development shall not result in an undue adverse effect on any of the following: A. The capacity of existing or planned community facilities, services, or lands. B. The existing patterns and uses of development in the area. C. Traffic on roads and highways in the vicinity. D. Environmental limitations of the site or area and significant natural resource areas and sites. E. Utilization of renewable energy resources. F. Municipal plans and other municipal bylaws, ordinances, or regulations in effect. F:\USERS\Planning&Zoning\Development Review 3 Board\Findings_Decisions\2013\IZ_12_06_201Allen_LarkinRealty_FarmstandSouth ffd.doc #IZ-12-06 The applicant has submitted a complete application for Conditional Use approval by the City Council pursuant to this section. As set forth above, the proposed project is prohibited by the Interim Bylaw. Despite this prohibition, the City Council may authorize the issuance of a permit for any type of development as a conditional use not otherwise permitted by the Interim Bylaw if the City Council concludes that the proposed development is consistent with both the health, safety, and welfare of the municipality as well as the standards identified as A through F in Section VI of the Interim Bylaw. A. Is the Proposed Development Consistent with the Health, Safety, and Welfare of the City of South Burlington? To determine whether the proposed development is consistent with the health, safety, and welfare of the City of South Burlington, the City Council considers whether the specific development proposal is the type of development that will or could be contrary to the amendments to the Land Development Regulations and the Comprehensive Plan presently being contemplated by the City. The goals discussed in the Purpose statement in Section I of the Interim Bylaw guide the City Council's analysis of whether the proposed development is the type of development that will or could be contrary to the anticipated amendments. The Purpose statement is a summary both of the rationale for adopting the Interim Bylaw and of the studies and planning process that are underway in the City. The goals include the adoption of Form Based Code-style regulations for the City Center and adjacent Williston Road area and possibly other areas of the City; the update of the Comprehensive Plan to include as City goals the support of sustainable agriculture,the conservation of open space, and the promotion of housing for people of all incomes and stages of life; and the preparation and adoption of amendments to the Land Development Regulations that implement the City's goals and objectives. The City is in the process of formulating Form Based Code regulations for the City Center and adjacent Williston Road area and determining to what additional areas cf the City, if any, the Form Based Code regulations will apply. (Form Based Codes focus on physical form rather than on uses and address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks.) The proposed planned unit development is not located in the City Center/Williston Road area, but it is within an area of the City in which the City is contemplating the adoption of Form Based Code regulations. Forty units of housing are proposed. Housing is oriented to face the street, and includes a variety of styles and types that are clustered on the lot near Allen Road. The applicant is encouraged to incorporate additional FBC style design elements into the design of the buildings as the project moves forward. The proposed development will not be contrary to any Form Based Code regulations that the City is contemplating for this area. 4 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_12_06_201 Allen_LarkinRealty_FarmstandSouth_ffd.doc #IZ-12-06 The proposed planned unit development creates a 16 acre area of open space which also conserves forested areas, and wetland area and buffer. In addition, sustainable agriculture is supported through the dedication of fifty (50) garden plots of 200 square feet each. The proposed planned unit development creates forty (40) units of housing of various types and for various income levels. Applicant proposes to sell most of the units at or below$239,000. These efforts further the goal of promoting housing for people of all incomes and stages of life. Based on this analysis, the Council concludes that the proposed development is not the type of development that will or could be contrary to the contemplated amendments to the Land Development Regulations and the Comprehensive Plan and therefore, is consistent with health, safety, and welfare of the City of South Burlington. B. Is the Proposed Development Consistent with the Standards Identified as A through F in Section III of the Interim Bylaw? Even when the City Council concludes that a proposed project in consistent with the health, safety, and welfare of the City of South Burlington, the Council also must conclude that the proposed development will not have an undue adverse effect on any of the standards listed in Section VI of the Interim Bylaw in order for the proposed development to receive conditional use approval under the Interim Bylaw. See 24 V.S.A. §4415(d), (e). Interim Bylaw Section VI(A): The proposed development shall not result in an undue adverse effect,on the capacity of existing or planned community facilities, services, or lands. The proposed planned unit development will result in new demands on existing municipal water and wastewater services but sufficient capacity exists to accommodate the development. Any adverse effect is not considered undue. The City Council therefore concludes that the proposed planned unit development will not have an undue adverse effect on the capacity of existing or planned community facilities, services or lands. Interim Bylaw Section Vl(B): The proposed development shall not result in an undue adverse effect on the existing patterns and uses of development in the area. Because the proposed planned unit development creates residential development similar to that existing in this area along Allen Road, the City Council concludes that the proposed planned unit development will not have an adverse effect on the existing patterns and uses of development in the area. Interim Bylaw Section Vl(C): The proposed development shall not result in an undue adverse effect on traffic on roads and highways in the vicinity. The proposed planned unit development, which includes forty (40) dwelling units, will result in an increase in traffic on roads and highways in the vicinity. The City Council is confident with the standards for review in the Land Development Regulations and that traffic generated by the proposed project will be reviewed in detail by the Development Review Board. Any changes to F:\USERS\Planning&Zoning\Development Review 5 Board\Findings_Decisions\2013\IZ_12_06_201AIlen_LarkinRealty_Farmstandsouth ffd.doc #IZ-12-06 the project resulting from the DRB's review will require additional review by City Council. As the City Council concludes below, if the applicant receives approval from the Development Review Board, then the proposed planned unit development will not have an undue adverse effect on traffic on roads and highways in the vicinity. Interim Bylaw Section VI(D): The proposed development shall not result in an undue adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. There are wetlands on the site. The applicant proposed to preserve 16 acres of open space which will include the wetland areas and the buffer, open fields, and forested areas. No other environmental limitations(steep slopes, shallow depth to water tables) or significant natural resources (wildlife habitat or corridors, rare tree stands, etc.) are apparent on the subject property. There are no adjacent connected environmental limitations or significant natural resources. Based on these findings, the City Council concludes that the proposed planned unit development will not have an adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. Interim Bylaw Section VI(E): The proposed development shall not result in an undue adverse effect on utilization of renewable energy resources. While the proposed planned unit development does not include renewable energy production on site, the proposed planned unit development does not preclude the use of renewable energy by adjacent properties. Thus, the City Council concludes that the proposed planned unit development will not have an adverse effect on utilization of renewable energy resources. Interim Bylaw Section VI(F): The proposed development shall not result in an undue adverse effect on municipal plans and other municipal bylaws, ordinances, or regulations in effect. South Burlington Comprehensive Plan Goals (adopted March 9, 2011) Upon review and consideration of the goals in the existing Comprehensive Plan, the City Council concludes that the proposed planned unit development will not result in an undue adverse effect on the Comprehensive Plan. Land Development Regulations (amended May 7, 2012) If the following conditions are met, the proposed planned unit development will not result in an undue adverse effect on the existing Land Development Regulations: 1. The applicant shall receive approval from the Development Review Board prior to issuance of a zoning permit. 2. The applicant shall obtain a zoning permit prior to the commencement of any land development. 6 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_12_06_201AIlen_LarkinRealty_Farmstandsouth ffd.doc #IZ-12-06 All other city ordinances If the following condition is met, the proposed planned unit development will not result in an undue adverse effect on all other City ordinances. 1. Applicants shall receive all other applicable City permits. Subject to the three conditions identified above, the City Council finds that the proposed planned unit development will not have an undue adverse effect on the Comprehensive Plan and other municipal bylaws, ordinances, or regulations in effect. For the reasons set forth above, the Council concludes that the proposed project is consistent with the health, safety and welfare of the City of South Burlington and the standards set forth in Section VI(A)-(F) of the Interim Bylaw. DECISION Motion by ,seconded by to approve Interim Zoning Conditional Use Application #IZ-12-06 of John Larkin, 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. Of the forty (40) units proposed, at least fifteen (15) units must contain two bedrooms, at least fifteen (15) units must contain three bedrooms, at least two (2) units must contain four bedrooms, and at least four (4) units must contain one bedroom. 4. At least 27 of the 40 proposed residential units shall be sold at a sales price at or less than $239,000 which is affordable to families making 80% of Chittenden County median income. 5. The plat submitted to the DRB shall delineate the 16 acres of undeveloped land and designate said 16 acres of land as open space that shall not be developed. 6. The applicant shall receive approval from the Development Review Board prior to issuance of a zoning permit. 7. The applicant shall obtain a zoning permit prior to the commencement of any land development. 7 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_12_06_201 AIIen_LarkinRealty_FarmstandSouth_ffd.doc #IZ-12-06 8. Applicant shall receive all other applicable City permits. 9. Any changes to the project plans shall require approval of the South Burlington City Council so long as the Interim Bylaw remains in effect. Rosanne Greco—yea/nay/abstain/not present Helen Riehle—yea/nay/abstain/not present Pam Mackenzie—yea/nay/abstain/not present Sandra Dooley—yea/nay/abstain/not present Paul Engels—yea/nay/abstain/not present Motion bya vote of= - Signed this day of February 2013, by Rosanne Greco, 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://vermontiudiciary.orq/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. 8 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_12_06_201 Allen_LarkinRealty_FarmstandSouth_ffd.doc #IZ-12-14 CITY OF SOUTH BURLINGTON CITY COUNCIL 462 SHELBURNE ROAD INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-14 FINDINGS OF FACT AND DECISION Pizzagalli Properties, LLC, hereafter referred to as the applicant, requests conditional use approval under the Interim Bylaw to demolish the existing Liberty Inn and Suites and construct a 31,280 square foot, three story, general office building and parking at 462 Shelburne Road. The City Council held a public hearing on October 22, 2012, November 5, 2012, December 3, 2012, January 7, 2013, and February 4, 2013. Bob Bouchard from Pizzagalli Properties, LLC, represented the applicant at these hearings. Based on testimony provided at the above mentioned public hearings, the plans and supporting materials contained in the document file for this application, the City Council finds, concludes, and decides the following: FINDINGS OF FACT 1. Applicant requests Interim Zoning conditional use approval to demolish the existing Liberty Inn and Suites and construct a 31,280 square foot, three story, general office building and parking, 462 Shelburne Road 2. The owner of record of the subject property is Smart Hospitality, Inc., do Anil Sachdev. 3. The application was received on September 27, 2012. 4. The subject property is 1.71 acres, located in the Commercial 1- Residential 15 Zoning District and is also located in the traffic overlay district. 5. The proposed general office building is to be located on the western portion of the southern parcel with the remainder of the parcel and the northern parcel developed for 121 parking spaces. A proposed pocket park is located on the eastern end of the southern parcel and extensive screening, landscaping, and trees are proposed around the parking areas. 6. The plans submitted consist of a three (3) page set of plans, the first page entitled, "Proposed Perspective—V5.2, 462 Shelburne Road —Pizzagalli Properties, LLC," prepared by Wiemann Lamphere Architects, last dated, 11/30'12. 7. Applicant proposes an overall reduction of curb cuts from the existing seven (7) to three (3) with the curb cuts on Handley Road to be placed further away from Shelburne Road to allow additional queuing. F:\USERS\Planning&Zoning\Development Review Board\F ndings_Decisions\2013\IZ_12_14_462Shelburne_Pizzagalli_ffd.doc #IZ-12-14 8. Applicant's written testimony indicates the development will not have an adverse impact on community services. 9. In this area along Shelburne Road there is existing similar dense commercial development. 10.Applicant's oral testimony states that a traffic study will be done as part of the review through the Development Review Board and if warranted,the cost of signalization at Hadley and Shelburne will be paid for by the applicant. 11. Public testimony received indicated broad support for the project. 12.The site is fully developed and there are no environmental limitations (steep slopes, shallow depth to water tables) or significant natural resources (wildlife habitat or corridors, rare tree stands, etc.) apparent on the site. There are no adjacent connected environmental limitations or significant natural resources. 13.The proposed development does include renewable energy production on site. A photovoltaic array will be installed on the roof and connected to the electric power grid. CONCLUSIONS OF LAW I. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012 Interim Bylaw Section II: Description of Districts Affected This Interim Bylaw shall apply to all Districts established and listed in Article 3.01(A)(1)- (4) of the South Burlington Land Development Regulations except for: A. Airport Industrial B. Airport C. Institutional Agricultural— North D. Queen City Park E. Lakeshore Neighborhood F. Municipal G. Park and Recreation H. Southeast Quadrant— Village Commercial I. Mixed Industrial and Commercial District J. Industrial and Open Space District The proposed residential development is within the Commercial 1 — Residential 15 Zoning District and, therefore, is subject to the Interim Bylaw. Interim Bylaw Section Ill: Limitations on Land Development Within the areas affected by this Interim Bylaw, the following shall not be allowed: A. New Planned Unit Developments. 2 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_12_14_462Shelburne_Pizzagalli_ffd.doc #IZ-12-14 B. New subdivisions. C. New principal buildings that require site plan approval. D. Alterations to existing principal buildings. E. Alterations to any other existing structures used for commercial or industrial purposes. F. Amendment of a master plan or any related site plans or plats that deviates from an approved Master Plan in one of the respects set forth in Article 15.07(D)(3 a - e of the South Burlington Land Development Regulations. �� The main purpose of an interim bylaw is to temporarily preserve the existing land uses and maintain the status quo while the municipality formulates its permanent zoning bylaws. See Town of Mendon v. Ezzo, 129 Vt. 351, 356-357, 358 (1971); see also Section I of the Interim Bylaw("[T]he purpose of this Interim Bylaw is to provide the City time . . . to prepare and adopt amendments to the Land Development Regulations that implement the City's goals and objectives."). For the reasons set forth in the Purpose of the Interim Bylaw, and to temporarily preserve the existing land uses and maintain the status quo while the City formulates amendments to its Land Development Regulations, the City Council determined that six types of development will or could be contrary to the amendments to the Land Development Regulations and the Comprehensive Plan the City is presently contemplating. The proposal to demolish the existing Liberty Inn and Suites and construct a 31,280 square foot, three story, general office building and parking at 462 Shelburne Road is prohibited by the Interim Bylaw pursuant to Section III(C and E) above, and does not qualify for an exemption under Section IV of the Interim Bylaw. II. STANDARDS OF REVIEW Interim Bylaw Section VI: Review of Applications The City Council may, upon application, authorize the issuance of permits for any type of development as a conditional use not otherwise permitted by this Interim Bylaw, after public hearing preceded by notice in accordance with 24 V.S.A. section 4464. The authorization by the legislative body shall be granted only upon a finding by the Council that the proposed use is consistent with the health, safety, and welfare of the municipality and the following standards. The proposed development shall not result in an undue adverse effect on any of the following: A. The capacity of existing or planned community facilities, services, or lands. B. The existing patterns and uses of development in the area. C. Traffic on roads and highways in the vicinity. D. Environmental limitations of the site or area and significant natural resource areas and sites. E. Utilization of renewable energy resources. F. Municipal plans and other municipal bylaws, ordinances, or regulations in effect. The applicant has submitted a complete application for Conditional Use approval by the City Council pursuant to this section. 3 F.\USERS\Planning&Zoning\Development Review Board\F ridings_Decisions\201311Z_12_14_462Shelburne_Pizzagalli_ffd.doc #IZ-12-14 As set forth above, the proposed project is prohibited by the Interim Bylaw. Despite this prohibition, the City Council may authorize the issuance of a permit for any type of development as a conditional use not otherwise permitted by the Interim Bylaw if the City Council concludes that the proposed development is consistent with both the health, safety, and welfare of the municipality as well as the standards identified as A through F in Section III of the Interim Bylaw. A. Is the Proposed Development Consistent with the Health, Safety, and Welfare of the City of South Burlington? To determine whether the proposed development is consistent with the health, safety, and welfare of the City of South Burlington, the City Council considers whether the specific development proposal is the type of development that will or could be contrary to the amendments to the Land Development Regulations and the Comprehensive Plan presently being contemplated by the City. The goals discussed in the Purpose statement in Section I of the Interim Bylaw guide the City Council's analysis of whether the proposed development is the type of development that will or could be contrary to the anticipated amendments. The Purpose statement is a summary both of the rationale for adopting the Interim Bylaw and of the studies and planning process that are underway in the City. The goals include the adoption of Form Based Code-style regulations for the City Center and adjacent Williston Road area and possibly other areas of the City; the update of the Comprehensive Plan to include as City goals the support of sustainable agriculture, the conservation of open space, and the promotion of housing for people of all incomes and stages of life; and the preparation and adoption of amendments to the Land Development Regulations that implement the City's goals and objectives. The City is in the process of formulating Form Based Code regulations for the City Center and adjacent Williston Road area and determining to what additional areas of the City, if any, the Form Based Code regulations will apply. (Form Based Codes focus on physical form rather than on uses and address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks.) The proposed development of land is located within an area of the City in which the City is contemplating the adoption of Form Based Code regulations. The proposed three story building fronts on Shelburne Road and the proposed parking will be to the rear of the building and on the northern parcel. The parking on the northern parcel will be screened from Shelburne Road with a four foot high masonry wall covered in ivy with pedestrian improvements. A pocket park located on the eastern end of the southern parcel adjacent to the Hadley neighborhood will be created. The third floor of the building wil be recessed with incorporated architectural details. The design and function is well suited to a T-4 to T-3 Form Based Code transition zone which may be contemplated for this area of South Burlington. The function and form, including scale and access, of the proposed development likely are consistent with potential Form Based Code regulations that the City might adopt for the Shelburne Road area. The proposed development will not be contrary to any Form Based Code regulations that the City is contemplating for this area. 4 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_12_14_462Shelburne_Pizzagalli_ffd.doc #IZ-12-14 It has been determined that this site has been established as built-up commercial development. No assessment has been completed as to the viability of agriculture on the site. However, in accordance with the Farmland Classification Systems for Vermont Soils produced by the USDA & Natural Resources Conservation Service, "Prime, Statewide, and Local soil map units cannot be urban or built-up areas. A delineation of a Prime, Statewide, or Local soil map unit which has been converted to urban land or built-up areas should no longer be considered Important Farmland." Moreover, the subject property has frontage on Shelburne Road adjacent to densely developed commercial and residential areas. This area of South Burlington is already densely developed. While the proposed project does not conserve any additional open space, it does not result in any loss of open space and does include a small pocket park for the public benefit. The proposed commercial development will replace existing commercial development on the property. Therefore, the project does not result in any net loss of housing units, whatever the degree of affordability. Based on this analysis, the Council concludes that the proposed development is not the type of development that will or could be contrary to the contemplated amendments to the Land Development Regulations and the Comprehensive Plan and is consistent with the health, safety, and welfare of the City of South Burlington. B. Is the Proposed Development Consistent with the Standards Identified as A through F in Section III of the Interim Bylaw? Even when the City Council concludes that a proposed project in consistent with the health, safety, and welfare of the City of South Burlington, the Council also must conclude that the proposed development will not result in an undue adverse effect on any of the standards listed in Section VI of the Interim Bylaw in order for the proposed development to receive conditional use approval under the Interim Bylaw. See 24 V.S.A. §4415(d), (e). Interim Bylaw Section VI(A): The proposed development shall not result in an undue adverse effect on the capacity of existing or planned community facilities, services, or lands. The proposed development will not result in any new or additional demands on existing or planned community facilities, services or lands. The City Council therefore concludes that the proposed project will not result in an undue adverse effect on the capacity of existing or planned community facilities, services or lands. Interim Bylaw Section VI(B): The proposed development shall not result in an undue adverse effect on the existing patterns and uses of development in the area. Because the proposed development will replace existing commercial development and the proposed development is similar in scale to the commercial uses along Shelburne Road,the City Council concludes that the proposed development will not result in an undue adverse effect on the existing patterns and uses of development in the area. 5 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_12_14_462Shelburne_Pizzagalli_ffd.doc #IZ-12-14 Interim Bylaw Section Vl(C): The proposed development shall not result in an undue adverse effect on traffic on roads and highways in the vicinity. The proposed development will result in an increase in traffic on roads and highways in the vicinity. The City Council is confident with the standards for review in the Land Development Regulations and that traffic generated by the proposed project will be reviewed in detail by the Development Review Board. Any changes to the project resulting from the DRB's review will require additional review by City Council. As the City Council concludes below, if the applicant receives approval from the Development Review Board, then the proposed PUD will not have an undue adverse effect on traffic on roads and highways in the vicinity. Interim Bylaw Section Vl(D): The proposed development shall not result in an undue adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. No environmental limitations(steep slopes, shallow depth to water tables) or significant natural resources (wildlife habitat or corridors, rare tree stands, etc.) are apparent on the subject property. There are no adjacent connected environmental limitations or significant natural resources. Based on these findings, the City Council concludes that the proposed development will not result in an undue adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. Interim Bylaw Section Vl(E): The proposed development shall not result in an undue adverse effect on utilization of renewable energy resources. The proposed development does include renewable energy production on site; a photovoltaic array will be installed on the rod and connected to the electric power grid. The applicant stated they are pursuing LEED certification for the building. The proposed development does not preclude the use of renewable energy by adjacent properties. Thus, the City Council concludes that the proposed development will not result in an undue adverse effect on utilization of renewable energy resources. Interim Bylaw Section VI(F): The proposed development shall not result in an undue adverse effect on municipal plans and other municipal bylaws, ordinances, or regulations in effect. South Burlington Comprehensive Plan Goals(adopted March 9, 2011) Upon review and consideration of the goals in the existing Comprehensive Plan, the City Council concludes that the proposed project will not result in an undue adverse effect on the Comprehensive Plan. 6 F.\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_12_14_462Shelburne_Pizzagalli_ffd.doc #IZ-12-14 Land Development Regulations(amended May 7, 2012) If the following conditions are met, the proposed project will not result in an undue adverse effect on the existing Land Development Regulations: 1. The applicant shall receive approval from the Development Review Board prior to issuance of a zoning permit. 2. The applicant shall obtain a zoning permit prior to the commencement of any land development. All other city ordinances If the following condition is met, the proposed project will not result in an undue adverse effect on all other City ordinances. 1. Applicants shall receive all other applicable City permits. Subject to the three conditions identified above, the City Council finds that the proposed subdivision will not result in an undue adverse effect on the Comprehensive Plan and other municipal bylaws, ordinances, or regulations in effect. For the reasons set forth above, the Council concludes that the proposed project is consistent with the health, safety and welfare of the City of South Burlington and the standards set forth in Section VI(A)-(F) of the Interim Bylaw. DECISION Motion by , seconded by , toapprove Interim Zoning Conditional Use Application#IZ-12-14 of Pizzagalli Properties, 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 applicant shall receive approval from the Development Review Board prior to issuance of a zoning permit. 4. The applicant shall obtain a zoning permit prior to the commencement of any land development. 5. Applicants shall receive all other applicable City permits. 7 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_12_14_462Shelburne_Pizzagalli_ffd.doc #IZ-12-14 6. Any changes to the project plans shall require approval of the South Burlington City Council so long as the Interim Bylaw remains in effect. Rosanne Greco—yea/nay/abstain/not present Helen Riehle—yea/nay/abstain/not present Pam Mackenzie—yea/nay/abstain/not present Sandra Dooley—yea/nay/abstain/not present Paul Engels—yea/nay/abstain/not present Motion bya vote of - - Signed this day of February 2013, by Rosanne Greco, 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 httr://vermontiudiciarv.orq/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. 8 F:\USERS\Planning&Zoning\Development Review Board\Findings_Decisions\2013\IZ_12_14_462Shelburne_Pizzagalli_ffd.doc • ,° �►�► City of South Burlington ►ram%• City Clerk's Office Donna Kinyille, City Clerk February 20, 2013 The following Special Event permits were approved by The South Burlington Liquor once the Internal process was completed by the city Fire, Police and Tax departments. Name of person/corporation Event and date 0) �11 Natinnal Multiply SrIPrncic Snriaty Charity bike ride-Alng 324 2013 rie„., Magic Hat Brewing Company March 17, 2013-St Patrick's Day cask release Rosanne Greco Chair Helen Riehle Vice Chair Pam Mackenzie Clerk Sandra Dooley Councilor Paul Engels Councilor 575 Dorset Street South Burlington,VT 05403 802-846-4105 dkinville@sburl.com ..® `- City of South Burlington , . City Clerk's Office r . '' ` Donna Kinville, City Clerk SPECIAL EVENT(ENTERTAINMENT) OR CATERING PERMIT "7 ?I) ) ,.„-tY161/4 1 \i4,1 6\11- e\si. -1- - FULL NAME OF PERSON, PARTNERSHIP OR CORPORATION: -- .le;Za,j C.-- , r feir CONTACT PHONE NUMBER OR E-MAIL: Yam' orlr --'" ADDRESS: .c_ a(r,--/--/-k1:-/-'1=7- rzi , DATE RECEIVED BY CLERK'S OFFICE: , POLICE APPROVED: 04.11:- ;. t�tel 1f'i) DATE: pp-ni I Bs.."_ ^' ) / 1 FIRE APPROVED: C- ;* --'.;f`' DATE: .743 . 4 J r ZONING APPROVED: L� . DATE: ' ''')/ )l"5 —~ RECREATION APPROVED: DATE: ----- HIGHWAY/HEALTH DEPT APPROVED: 01`--, DATE:! I/ J CITY COUNCIL DATE: DATE SENT TO MONTPELIER: C1C f1....._, C...._. . ....I. f............... ...nrnno . ... .Inc ..nr _ _ . ._.. ___ __ _ ....... __ .... .____._ . .. . . ______________. ._ .. . . 4,,„2 ,D0 . r'(,i--- • • CITY OF SOUTH BURLINGTON ENTERTAINMENT LICENSE APPLICATION Type of Application • 0 Annual Permit je Special Event Permit Date of Application: JJI.L111- A, 3O c (� Name of Establishment: Moi �c I- ,P bum G l-wip(c�i Address o s f E tablishment. ;1!) P0427-f (eil- ��(?1 ed. )(-,(-ri b -( r i - VT p5Y t Name and Address of Owner: i \J O h I'tYYt n? P)r� ices (4S S rci ,PQ. S^tr f T660,Sice N / NOS b S Name and Address of Operator: ` l 10066 ►' I . l-7geOa�S+fo/law Q • Complete Description of Show: - I .3CtfrIcesD (S) reLQqSQ . p( ( --k,r t-i --b SQ,11 if5-iti-s m s'iz cc- 6-v) ( • (A) isil iri•vi, -- -.6\ffikr41"irDa. 0 h ad-- G . Date(s) of Show and Hour(s) of Operator: en Dat s) � r taC11/ il t 17i DIP.) . Hours) 0 ,0a -- ptm ' Security provisions: 1 ) . C� t Q o pl b .OS . f -tve 1rc • S oV) nayt . C Shtuld KM+ & nyluc11 g S11e ao a• O ei �nc& sILK As applicant, I have read and understand the provision ofthe-, South Burlington Ordinance Regarding Licensure of Regulation of Circuses, Carnivals and Other Shows . I also understand that -only the spedific type of entertainment applied for in this license is permitted and that additional t pes of ent rtainmeennt will require all an additional application. J l 1J ` IO( p�d�x l • Signature Laura From: Trevor Whipple [twhipple©sbpdvt.org] Sent: Wednesday, February 20, 2013 4:36 PM To: Laura Subject: Re: events going to council These are both fine. Thank you On Feb 20, 2013, at 10:44 AM, "Laura" <lkimball@sburl.com> wrote: > Hi Trevor- > > The agenda for City Council if you could approve these for me. Thanks- > > Laura > Laura Kimball > Deputy City Clerk > City of South Burlington > 575 Dorset Street > South Burlington, Vt. 05403 > lkimballOsburl.com > Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. > Laura From: Justin Rabidoux Sent: Monday, February 11, 2013 10:59 AM To: Laura Subject: RE: Magic Hat event- March 17, 2013 OK with me. From: Laura Sent: Monday, February 11, 2013 10:55 AM To: Doug Brent; Trevor Whipple; Justin Rabidoux; ray Subject: Magic Hat event- March 17, 2013 Hello- For your approval. Let me know if there are any issues. Laura 4� n Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 Ikimball(tilsburl.com Notice-Under Vermont's Public Records Act,all e-mail,e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business,concerning a City official or staff or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request,unless otherwise made confidential by law.If you have received this message in error,please notify us immediately by return email Thank you for your cooperation. 1 Laura From: ray Sent: Monday, February 11, 2013 10:58 AM To: Laura Subject: RE: Magic Hat event-March 17, 2013 No zoning issues. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainabilitv.com Notice-Under Vermont's Public Records Act,all e-mail,e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business,concerning a City official or staff,or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request,unless otherwise made confidential by law. If you have received this message in error,please notify us immediately by return email. Thank you for your cooperation. From: Laura Sent: Monday, February 11, 2013 10:55 AM To: Doug Brent; Trevor Whipple; Justin Rabidoux; ray Subject: Magic Hat event- March 17, 2013 Hello- For your approval. Let me know if there are any issues. Laura E . Laura Kimball Deputy City Clerk City of South Burlington 575 Dorset Street South Burlington,Vt. 05403 lkimball@sburl.com Notice-Under Vermont's Public Records Act,all e-mail,e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business,concerning a City official or staff,or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request,unless otherwise made confidential by law.If you have received this message in error,please noti;fy us immediately by return emaiL Thank you for your cooperation. 1 City of South Burlington Fire Prevention and Fire Safety Ordinance Section 1. Authority This ordinance is enacted pursuant to the authority granted to the City under 20 V.S.A. § 2736, 24 V.S.A. Chapter 59, and § 13-103 of the South Burlington City Charter. As authorized by 20 V.S.A. § 2736(a), the Commissioner of the Department of Public Safety has assigned responsibility to the City for enforcement of certain rules and standards adopted under 24 V.S.A. § 2731(a), as described in a Cooperative Inspection and Plan Review Agreement between the State of Vermont and the City of South Burlington, dated , 2013. This ordinance shall be a civil ordinance within the meaning of 24 V.S.A. § 1971. Section 2. Purpose This ordinance is intended to reduce, and insofar as possible, eliminate the hazards to persons and property by fire and explosion within the City of South Burlington and,thereby, promote the public health, safety, welfare and convenience. Section 3. Definitions Except as provided herein, the definitions contained in the Vermont Fire & Building Safety Code, as amended from time to time by the State of Vermont, Division of Fire Safety, and in the nationally recognized safety standards referenced therein, adopted by reference in Section 4, below, shall apply to this ordinance. For the purpose of this ordinance, the definitions contained in 20 V.S.A. § 2730, including, without limitation, the definition of"public building," shall also apply to this ordinance. In addition,the following terms shall have the specific definitions set forth below: Authority Having Jurisdiction shall mean those individuals responsible for enforcing the requirements of the Vermont Fire and Safety Code pursuant to a Cooperative Inspection and Plan Review Agreement between the State of Vermont and the City of South Burlington. City shall mean the City of South Burlington. City Council shall mean the legislative body of the City of South Burlington. Cooperative Inspection and Plan Review Agreement shall mean the legal document that assigns responsibility for inspection and enforcement of the Vermont Fire and Building Safety Code to the City and its Fire Department. Deputy Fire Chief shall mean the individual appointed by the City Manager, in consultation with the Fire Chief, and with the consent of the City Council,to assist the Fire Chief in the management of the Fire Department and all of its functions. Dwelling Unit shall mean a building or portion thereof designed, used, constructed or occupied as separate living quarters for one (1) household which includes independent and exclusive cooking, sleeping, and sanitary facilities for a household, and direct access to the unit from the outside of the building or through a common hall. Useless the context indicates otherwise, this term may include single (one) family,two family, multi-family, townhouse or row-house dwellings. Fire Chief shall mean the individual appointed by the City Manager, with the consent of the City Council, to manage the Fire Department and all of its functions. Fire Department shall mean the South Burlington Fire Department. Fire Marshal shall mean the individual appointed by the City Manager with the consent of the City Council,to manage the fire inspection and fire prevention functions of the Fire Department. IBC shall mean the International Building Code, a nationally recognized code that details the minimum requirements to which a building or structure shall be constructed, renovated, or altered. This code is adopted via legislative authority by state and municipal governments. NFPA shall mean the National Fire Protection Association, the organization that creates consensus documents that are nationally recognized and contain minimum-requirement fire prevention codes and standards for the protection of life and property. These requirements are adopted via legislative authority by state and municipal governments. Public Building shall have the same meaning as defined in 20 V.S.A. §2730. Vermont Fire & Building Safety Code (the "Code") shall mean the comprehensive document comprised of state and nationally recognized codes and standards for public safety from fire, explosions, and dangerous substances, adopted by the State of Vermont pursuant to 20 V.S.A., Chapter 173. Qualified Firefighter shall mean a firefighter who has received training and instruction in the Code and its enforcement. Section 4. Fire Code Adoption by Reference (a)Except as otherwise provided herein, the Code, as amended from time to time by the State of Vermont, Division of Fire Safety, and all of the nationally recognized safety standards referenced therein, as amended from time to time by their promulgating authorities, and as further modified and amended by the Code, are hereby adopted by reference. (b)Specifically excluded from the above-referenced adoption by reference are any and all provisions of the Code pertaining to Boiler and Pressure Vessel Inspection(Code Section 6), Access Board Rules, and any and all provisions addressing electrical or plumbing rules and standards. (c)The provisions of this ordinance shall not be construed to abrogate or annual the provisions of other ordinances or regulations or to impair private restrictions placed upon property. In the event there is a conflict between a provision of this ordinance and a provision of any other ordinance or regulation of the City,the more restrictive provision shall apply. Section 5. Appointment of the Fire Marshal The South Burlington City Council shall appoint the Fire Marshal upon recommendation of the City Manager. Section 6. Powers and duties of the Fire Marshal The Fire Marshal shall have and exercise all the powers of an AHJ in making the inspections required in this chapter and shall report his or her findings to the Fire Chief. Section 7. Revocation of appointment The City Manager may revoke the appointment of the Fire Marshal, for cause, at any time. Section 8. Assistant Fire Marshal(s) As needed,the City Manager, upon recommendation of the Fire Chief,may appoint any qualified firefighters as Assistant Fire Marshal(s).All Assistant Fire Marshals shall be subject to the order and direction of the Fire Marshal in connection with the inspection of public buildings,review of plans,and other duties and functions undertaken pursuant to the Cooperative Inspection and Plan Review Agreement. The Fire Chief,Deputy Fire Chief or Fire Marshal may revoke the appoint of an Assistant Fire Marshal at any time and without cause. Section 9. Fire Marshal to make inspections of buildings: As appropriate, the Fire Marshal or Assistant Fire Marshal shall make a careful inspection of any public buildings and premises within the City of South Burlington. Upon report of a citizen's complaint or at the request of an AHJ shall inspect any building or premises complained of as being unsafe or hazardous,or containing unsafe or combustible material. Section 10. Fire Marshal to be permitted entry into premises For the purpose of inspecting buildings and carrying out other responsibilities under this ordinance,the Fire Marshal or Assistant Fire Marshal may, at all reasonable times,have access to and enter into any land,premises, and buildings in the City. However,prior to entering a one and two family dwelling,where the dwelling unit is wholly owner occupied,the Fire Marshal or Assistant Fire Marshal shall first obtain the consent of any owner of the dwelling. Where permission to enter is granted,the provisions of this ordinance shall apply. Where permission to enter an owner-occupied one or two family dwelling is refused,the Fire Marshal or Assistant Fire Marshal shall seek a warrant or other authorization provided by law prior to entry, except in those instances where the Fire Marshal or Assistant Fire Marshal reasonably determines that an emergency situation exists. Upon request,the Fire Marshal or Assistant Fire Marshall,when making an inspection, shall provide the owner or occupant of such buildings or premises with proper identification. Section 11. Refusal to permit entry Except as provided above, no person shall refuse to allow the Fire Marshal or Assistant Fire Marshal to enter upon or into his premises or buildings, at a reasonable time, for the purpose of carrying out his or her responsibilities under this ordinance. Furthermore,no person shall attempt to prevent any inspection required by this ordinance, or obstruct such official in carrying out the provisions of this ordinance. Section 12. Inspections (a) General Fire Inspections: General fire inspections of public buildings shall be conducted by the Fire Marshal, Assistant Fire Marshal or other duly authorized personnel. (b) Violation Notices: Upon finding any violation of the Code or other rules or standard adopted under this ordinance,the Fire Marshal or Assistant Fire Marshal shall provide a written notice to the property or business owner or their designee, and a reasonable amount of time, as defined by the State Hazard Index, shall be provided for the violation(s)to be corrected. Nothing in this section shall preclude an issuing municipal official from issuing a municipal complaint, or the City from seeking criminal charges, or initiating any other legal actions authorized under this ordinance or otherwise provided by law. (c)Re-inspection Fees: There is no charge for the initial inspection or the first re-inspection if all violations are corrected. If the owner fails to correct the violations at the time of the first re-inspection, the owner shall be responsible for a re-inspection fee, as prescribed by the applicable fee schedule, for this and any subsequent re- inspections, due and payable at the beginning of the second or subsequent re-inspection. Until all fees are paid,the violations shall not be considered abated, and are subject to further penalties or legal action. Failure to pay the re-inspection fees in the time required is a violation of this ordinance. (d) Time of Sale Inspection: (1) Upon request by an owner, agent, attorney or lender prior to the transfer of property, the Fire Marshal or Assistant Fire Marshal will conduct, subject to available resources, a "time of sale inspection" for a public building to insure a reasonable level of occupant safety prior to the sale of the property. Any such request for inspection shall be submitted in writing, and shall include any proposed closing date. (2) All violations identified during a time of sale inspection shall be corrected prior to occupancy of the property that has been transferred as a result of the sale. (3)Any party requesting a time of sale inspection shall pay the fees set forth in the applicable fee schedule. (4) The inspection fee shall apply to the property for the initial inspection and one re- inspection. (5)Any additional re-inspections shall be subject to a re-inspection fee as prescribed in the fee schedule for each subsequent visit,prior to the commencement of the inspection. (6) A time of sale inspection shall be valid for the period of one year from the date of inspection or for one transfer of ownership, unless subsequent transfers of ownership are to an affiliated person or entity, in which case the inspection shall continue to be valid for one year from the date of inspection. (e) Inspections for the Sale or Consumption of Alcohol: To the extent consistent with or as required by any rules of the State Liquor Control Board, any public building in which alcohol is offered to the public for consumption or sale shall have a valid fire safety inspection completed prior to the issuance of the State license. (f) Public Assembly Occupancy Load Certificates shall be required for all public buildings in which alcohol is served that have a total occupancy capacity of 50 or more patrons and staff. (d) Lien All expenses, fees, costs or charges assessed pursuant to this section shall also be a lien upon the real estate, which may be enforced in the same manner as a tax lien under 32 V.S.A. § 5061 provided the lien is duly recorded in the office where the land records are kept. Section 13. Construction Permits & Plan Review (a) The owner of a public building, or a designated representative of the owner, shall obtain a construction permit before commencing any construction, addition, alteration, demolition or the installation of fixed building equipment at the building site unless waived by the AHJ. (b) Additionally, all construction projects requiring installation of a fire alarm, fire suppression system, or other fire protection system shall require a separate permit prior to installation of the system. (c) To obtain a construction permit an applicant shall provide legible construction documents related to the work and equipment under consideration. As appropriate, construction plans and documents shall be prepared by a registered design professional, stamped and signed, where required by 26 V.S.A. Chapters 3 and 20. Such plans shall otherwise comply with the requirements of Section 7 of the Code. Fire prevention, protection, and alarm system plans shall include a floor plan with device locations, a wiring riser diagram, a complete equipment list and specifications, the type of occupancy proposed, known hazards and/or unusual building features, and any other information required by the Code. (d) Without limiting any of the foregoing,project plans shall also be submitted to the Fire Marshal for approval prior to undertaking any of the following: i. Whenever new equipment is installed in a public building; ii. Changes to a places of assembly, including bars and restaurants; iii. Construction of tents or other temporary structures for public use over 1,200 square feet in size; iv. Construction or erection of grandstands or bleachers; v. Any activity involving the use of hazardous processes, such as spraying flammable liquid, explosives storage or manufacturing or flammable liquid storage. (e) The Fire Marshal shall review plans, make inspections, and issue a permit for the system within 30 days of plan submission, which period may, upon notification to the applicant, be extended. Plans for systems with contracted costs valued at less than twenty thousand dollars ($20,000) may be eligible for an expedited process. The Fire Marshal's schedule shall dictate the availability of this service. Plans accepted for this expedited process will be reviewed within ten (10) business days. Plans may be approved, rejected or be required to be amended for compliance with this Ordinance and the Code. No plan shall be approved or permit issued unless all fees have been paid and all conditions satisfied. The period for review shall not commence until all required documents have been received by the Fire Marshal. (f) A tent permit shall be required for any tent larger than two hundred (200) square feet erected on public property or in the public way. Any tent one thousand two hundred (1,200) square feet or larger,regardless of location, shall require a tent permit. Section 14. Suspension and Revocation of Permits and Stop Work Orders The Fire Marshal's Office may suspend permits, issue a stop work order and/or order a property vacated where a threat to public safety or other exigent circumstance exist. Such permits may be revoked and future permits denied when a individual, partnership, firm, corporation, or other legal entity is convicted of multiple violations of the fire code, ordinances, or otherwise demonstrates a pattern of incompetence. The failure to stop work when so ordered shall be a violation punishable pursuant the provisions of this ordinance and applicable law, including 20 V.S.A. § 2734, as amended from time to time. Section 15. Occupant load certificate (a) Annual inspection. On an annual basis, the Fire Marshal's office shall inspect any occupancy or premises involved in the sale of alcohol and/or each place of assembly in the City to determine the maximum number of occupants that should be permitted at each location as determined by the capacity and egress requirements of this ordinance and the Code. For purposes of this section, a place of assembly is defined as a room or space, including all connected rooms or spaces with a common means of egress, accommodating fifty (50) or more individuals, for civic, social or amusement purposes or for the consumption of food and drink. (b) Posting of certificate. Every occupancy or premises and place of assembly referenced above obtain a certificate from the Fire Marshal's office stating the maximum number of occupants permitted at the site. The business and/or property owner shall be responsible for installing the certificate in a conspicuous public location at the site and shall be responsible for the proper maintenance of the certificate. Section 16. Smoke Detectors Each and every building or structure where people routinely sleep, including owner- occupied one and two family residences, shall meet the following requirements for smoke detectors/alarms: (1) Smoke detectors/alarms shall be installed in the following, areas: a. In every sleeping room or area; b. Outside every sleeping room or area in the immediate vicinity of the sleeping room or area; and c. On all levels of the building or structure, includes basements but excluding crawl spaces and unfinished attics. d. Notwithstanding the above installation locations, detectors/alarms shall not be located within kitchens or garages or in other spaces where temperatures can fall below forty (40) degrees F (four(4) degrees C) or exceed one hundred(100) degrees F (thirty-eight(38) degrees C). Detectors/alarms shall not,unless specifically listed for the application,be located closer than three (3) feet(0.9 m) horizontally from: 1. The door to a kitchen. 2. The door to a bathroom containing a tub or shower. 3. The supply registers of a forced air heating or cooling system or the immediate airflow from those registers. (2) Smoke detectors/alarms shall receive their operating power from the building or structure's electrical system(A/C) and from a battery (D/C) when the building electrical system power is interrupted. (3) Smoke detectors/alarms within each dwelling or rooming unit shall be interconnected so smoke detected by one smoke detector will sound the alarms of all detectors within that dwelling or rooming unit. (4) Smoke detectors/alarms shall be approved or listed by a nationally recognize testing or listing agency for the purposes for which they are intended. (5) Smoke detectors/alarms shall be properly installed and shall be maintained in good working condition. (6) Wireless interconnected smoke alarms shall be acceptable in wholly owner-occupied one and two family residences (i.e., residences with no non-family occupants). Effective date: Unless an extension is granted by the South Burlington Fire Marshal's Office,the provisions of this section shall take effect on January 2, 2014 or at the time of any transfer of ownership, if such transfer is completed prior to January 2, 2014. Section 17. Carbon monoxide (CO) detectors (a) Carbon monoxide detectors which are UL 2034 listed or approved by a nationally recognized independent testing laboratory shall be installed in all new and existing buildings in which people routinely sleep, including where people rent accommodations whether for overnight or for a longer term, condominiums, multiple unit dwelling, and other occupancies in which there are rooms or spaces in which sleeping is permitted, including single and two family owner-occupied houses and premises. Such installation shall be in the vicinity of the sleeping areas and on every floor of the dwelling, installed in accordance with the manufacturer's instructions and state law. (b) CO alarms within each dwelling or rooming unit shall be interconnected so that CO detected by one CO detector sounds the alarms of all CO detectors within that dwelling or rooming unit. (c) The owner of all existing buildings in which people sleep, including where people rent accommodations whether for overnight or for a longer term, condominiums, or multiple unit dwelling, after the effective date of this section, shall install either a combination smoke detector/carbon monoxide detector device or a combination system providing smoke and carbon monoxide detection and alarm. Such installation shall be in the vicinity of the sleeping areas and on every floor of the dwelling, installed in accordance with the manufacturer's instructions and state law. (d) The seller of a residential dwelling transferred by sale or exchange shall certify to the buyer that the dwelling is provided with the carbon monoxide detectors required in subsection(a). This certification shall be signed and dated by the seller and filed in the City's Land Records at the time of recording the transfer. If the buyer notifies the seller within ten days by certified mail from the date of conveyance that the dwelling lacks a carbon monoxide detector or that the detector is not operable,the seller shall comply with this section within ten days of notification. Section 18. Standpipes Required All new buildings having three floors or more and/or having 10,000 net square feet per floor, shall have a minimum of a Class I,manual wet standpipe installed for firefighter use. Section 19. Sprinkler Floor Control Valves required All new buildings having an NFPA compliant sprinkler system, and three floors or more and/or having 4000 net square feet per floor, shall have sprinkler zone control valves that allow immediate access to control/shutoff sprinklers discharging during a fire within the compartment. These zone control valves shall be clearly labeled. Section 20. Stairwell Identification All new and existing building shall have stairwell marking denoting floor served and geographical location within the building and comply with the marking standard found in NFPA 1. Section 21. Elevators The following standards shall be met on all elevators installed or permitted after the effective date of this ordinance: (1)Dimension: All new elevator installations shall comply with the applicable elevator code adopted by the State of Vermont. Notwithstanding the applicable code adopted by the State, elevators shall have minimum interior finished dimensions of eight feet by four feet and have an unrestricted door opening of not less than four feet. (2) In existing elevator banks, the stretcher compliant elevator(s) shall be marked by a 3" retro-reflective star of life on the latch side of the elevator lobby door frame. Section 22. Compliance with codes required: (a) All fire protection, prevention, and alarm systems shall comply with the Vermont Fire and Building Safety Code, in effect at the time of installation. (b) In the event there is a conflict between the provisions of the Code adopted by reference in this section and the provisions of this ordinance,the more restrictive standard shall apply. Section 23. Fire Alarm System Malfunctions: (a) Defined. For the purposes of this section, a malfunction is defined as the failure of a fire alarm system to operate in the normal or usual manner due to improper installation or maintenance, mechanical defect(s) in the system,or that results in the transmittal of a false alarm signal to the South Burlington Fire Department during maintenance or construction. (b) Response Fee. A response charge as prescribed in the applicable fee schedule shall be imposed for a false alarm due to a system malfunction. (c) If a false alarm is generated through no negligence of the owner, the response fees may be waived by the Fire Chief,Deputy Fire Chief, or City Manager for due cause.The owner shall provide a written waiver request to the Fire Chief or Deputy Fire Chief within fifteen (15) days of the billing date, with an explanation of the basis for the requested waiver. The Fire Chief,Deputy Fire Chief, or City Manager will review and approve or disapprove the request within five (5) business days from the date of request receipt and notify the requesting party in writing. Section 24. Damage to Fire Protection Systems and Equipment: No person shall destroy, deface or in any way damage any fire protection or life safety system, or any part thereof so as to prevent or delay its proper or timely use of, fire protection systems, fire department connections or hydrants. Section 25. Intentional False Alarms: (a) Any intentional misuse of a fire protection system that results in a false fire alarm from a property shall be a violation of this ordinance and subject to all fines, penalties and other remedies available to the City by law. Such intentional misuse of a fire protection system may also be subject to criminal prosecution under applicable statutes of the State of Vermont. In addition, the property owner may be held responsible for all costs to the City incurred in responding to such alarm. (b) Alarms generated by contractors performing work or testing alarm systems shall be deemed an intentional false alarm unless the contractor first notifies Fire Department dispatch of the date and time when such work or testing will occur. (c) No person shall intentionally report or cause to be reported a false alarm. Any intentional report of a false alarm shall be a violation of this ordinance and subject to all fines, penalties and other remedies available to the City by law. Such false report may also be subject to criminal prosecution under applicable statutes of the State of Vermont. In addition, the offending party may be held responsible for all costs to the City incurred in responding to such false report. Section 26. Master FACP Key: (a)All buildings having a fire alarm system shall utilize a CAT 30 lock assembly to secure the main fire alarm panel. Any proprietary remote Annunciator keys that are part of the FACP-UL listing for the remote annunciator, shall be kept in the required FD Key vault. (b) Existing fire alarm control panels and remote annunciator access keys shall be converted to this standard within one year of the effective date of this ordinance during the required annual test and inspection performed by a third party on the owner's behalf. Section 27. Fire Department Access Key Vault: (a) All buildings having a fire protection system(s) shall be required to install key boxes. Existing buildings not currently in compliance shall comply with this requirement within one year of the effective date of this ordinance. (b) The building owner shall be required to install in the key box all master keys to offices, electrical rooms, elevator equipment and all keys needed to reset fire alarm system. (c) If requested by the Fire Department, building owners shall be required to supply additional sets of keys as needed by the Fire Department to allow more than one team of firefighters to have access to areas of the building. (d) If requested by the Fire Department, more than one key vault may be required to facilitate multiple points of entry in large facilities. (e) The key vault shall be mounted on the pull side of the Fire Department access door, within three feet(3') horizontally of the door, at a vertical height of five feet(5') as measured from the access door threshold. (f) There shall be a minimum of two complete sets of access key stored in the key vault.The property owner shall be responsible for providing the master keys and shall update the access key in the vault when the locks are changed. (g) As the key vault capacity is limited,the owners shall key all locks to a master core assembly of their choosing. Section 28. Radio Coverage in Structure and Buildings. (a) General. Except as otherwise provided herein,no individual, partnership, corporation, or other legal entity shall maintain, own, erect or construct any building or structure (or cause the same to be done)which is used for commercial, multi-family, or institutional use, in whole or in part, which fails to support adequate radio coverage to the Fire Department. (b) For purposes of this section, adequate radio coverage shall include all of the following: A. A minimum signal strength of-101 Dbm available in ninety-five percent of the area of each floor of the building when transmitted from the public safety radio communications system; and B. A minimum signal strength transmitted from ninety-five per safety radio cent of the area of each communications system floor of the building,via portable radio with public safety microphone. (c) Channel Performance Criterion(CPC). CPC is the minimum performance level in a faded channel, per TSB-88, clause 4.2. TSB-88 is a "Telecommunications Systems Bulletin" published by the TIA, Telecommunications Industry Association. The performance level is rated using "Delivered Audio Quality." Industry standard DAQ definitions are shown in Table 1, below. A DAQ level of 3 is the minimum performance level which shall be attainable by public safety radio systems in ninety-five percent of the area of each floor of a building subject to this chapter. Table 1 -DELIVERED AUDIO QUALITY DEFINITIONS DAQ-Delivered Audio Quality Subjective Performance Description: 1 Unusable, speech present but unreadable. 2 Understandable with considerable effort. Frequent repetition due to noise/distortion. 3 Speech understandable with slight effort. Occasional repetition required due to noise/distortion. 4 Speech understandable with repetition only rarely required. Some noise/distortion. 5 Speech easily understood. Occasional noise/distortion. 6 Speech easily understood. Infrequent noise/distortion 7 Speech clearly understood (d) The frequency range must support the fire department radio frequencies from the communications base stations, and the public safety radio communications base stations. (e) The fire department may alter necessary frequencies or signal strengths due to changes in technical specification for public safety radio requirements. In such event, any frequency changes shall be reported to the City Council and approved as amendments to this ordinance as soon as is practicable. Section 29. Testing: (a) Initial Tests. Officials of the Fire Department or their designees shall perform initial radio coverage tests. A certificate of occupancy shall not be issued to any new structure if the building fails to comply with this section. (b) Annual Tests. Fire department personnel or their designees shall thereafter conduct annual radio coverage tests. Section 30. Amplification systems allowed (a) Buildings and structures which cannot independently support the required level of radio coverage shall be equipped with any of the following in order to achieve the required adequate radio coverage: a radiating cable system or an internal multiple antenna system with or without FCC type-accepted signal booster amplifiers as needed. If any part of the installed system or systems contains an electrically powered component,the system shall be capable of operating on an independent battery and/or generator system for a period of at least twelve hours without external power input. Any battery system employed shall automatically recharge in the presence of an external power input. (b)The installation of equipment as indicated above shall not have a detrimental effect on the operation of the public safety radio system. (c) In the event that a signal booster is employed it shall be fully encased within a dust and water resistant case. Section 31. Field testing The Fire Department, after providing reasonable notice to the owner or his or her representative, shall have the right to enter onto the property to conduct field testing to determine whether the required level of radio coverage is present. Section 32. Special events/festivals. The promoter of any special event or festival or, in the absence of any promoter,the owner of the land on which any special event or festival is to be conducted shall notify the Fire Department of the event or festival at least ten(10)business days in advance of the event or festival, Such promoter or owner shall comply with the requirements of this ordinance and such other requirements as the Fire Marshal shall impose, including maintenance of adequate fire lanes and the location and size of all fire lanes,booths, stages, and other structures and equipment. The South Burlington Fire Department is charged with sole responsibility of providing fire protection and EMS coverage for such events in the City. (a) Any special event or festival with an attendance of 1,000 persons or more shall be required to provide South Burlington Fire/EMS personnel specially and exclusively assigned to the event. The promoter of the event or owner of the land involved shall be responsible for the reasonable costs of this additional coverage. The number of firefighters/EMTs and the time required for staffing shall be set by the Fire Department based on an assessment of the event and the location,weather, time, traffic impact, availability of alcohol,history of the event, or other identifiable safety factors,taking into account the requirements of the adopted fire codes and the SFPE Fire Protection Handbook. The promoter or owner shall secure a signed staffing agreement with the Fire Marshal or designee not less than seven(7)business days prior to the event. (b) Depending on the type of special event or festival, and taking into account the factors listed in subsection(a) of this section, the Fire Marshal may require fire and/or EMS coverage even if attendance is projected to be less than 1000 persons. Section 33. Reward for information resulting in conviction of persons burning property The City Council may offer a reward of not more than one thousand dollars ($1,000.00) for information which shall result in the detection and conviction of any person guilty of the illegal burning of property in the city. Section 34. Removal of fire hazard: (a) The Fire Chief or his designee may direct the owner or occupant of any building or premises to abate any unsafe condition, move to a place of safety,remove any unsafe or combustible materials which in his or her opinion shall expose the building or the surrounding or adjacent buildings or property to unnecessary hazard. The Fire Chief or his designee may also direct an owner or occupant to clear away from his building or premises debris or other materials resulting from fire, windstorm or other catastrophe within a reasonable time after the occurrence of such fire, storm or catastrophe. Failure to comply with a direction of the Fire Chief or his designee shall be a violation of this ordinance. (b)The Fire Chief or his designee may request the immediate assistance of any city department or agency with which the City has an local or mutual aid agreement to assist in the abating or mitigating of any unsafe condition. All City departments and officials shall respond in an expeditious manner when called upon by the Fire Chief. (c) All costs to abate or mitigate the hazard shall be borne by the property owner. Section 35. Order to Evacuate: (a) The Fire Chief or his designee may direct any owner or occupant of any building, land or premises to move to a place of safety during a fire or other emergency. (b) Failure to comply with this order shall be a violation of this ordinance. Section 36. Enforcement and Penalties Any person who violates a provision of this civil ordinance shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. Firefighters and police officers of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau or other appropriate judicial body a municipal complaint. (a) Waiver Fees—An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fees: First Offense - $100 Second Offense - $200 Third Offense - $300 Fourth Offense and Subsequent Offense - $400 Offenses will be counted on an annual basis in conjunction with the calendar year. (b) Civil Penalties First Offense - $200 Second Offense - $400 Third Offense - $600 Fourth Offense - $800 Offenses will be counted on an annual basis in conjunction with the calendar year. (c) In addition to the recovery of civil penalties provided for above, the City may seek to enforce this ordinance by an appropriate action for injunctive relief. Further,nothing herein shall be construed to limit other rights, remedies or penalties available by law, including under Chapter 173 of Title 20,V.S.A. Section 37. Fees All fees to be paid to the City under this ordinance, including but not limited to fees for permits, plan review and inspections, shall be as prescribed in the applicable fee schedule (Schedule A, attached hereto), which may be amended from time to time by majority vote of the City Council. Adopted this day of , 2013. SOUTH BURLINGTON CITY COUNCIL South Burlington Fire Prevention and Fire Safety Ordinance Fee Schedule Schedule A Note: With the exception of civil penalties resulting from a municipal complaint, all payments due under the South Burlington Fire Prevention and Fire Safety Ordinance shall be made to the City of South Burlington and are payable by check, money order, or credit card. Waiver penalties and fines assessed as a result of a municipal complaint shall be paid in accordance with applicable Judicial Bureau procedures. Fees: (a) The Fire Marshal's Office shall receive the following fees for construction permit plan review, inspections, re-inspections and other matters under the City's Fire Prevention and Fire Safety Ordinance: Construction Permit Plan Review: $8.50/$1000 of the total valuation of the construction work proposed to be done for all buildings. In no event shall the permit plan review fee exceed $300,000 nor be less than $50. Specialty Suppression system: $11/$1000 of the total cost (parts& labor) of the specialty suppression system. Hood suppression systems: $40/$1000 of the total cost(parts & labor) of the hood suppression system. Sprinkler plan review: $18/$1000 of the total cost(parts & labor) of sprinkler system. Standpipe system: $33/$1000 of the total cost(parts & labor) of the standpipe system. Fire pump: $7/$1000 of the total cost(parts & labor) of the fire pump system. Fire Alarm systems: $31/$1000 of the total cost(parts & labor) of the fire alarm system. Tent Permit fees: Tents installed in public areas, with a tent foot print of 200-1199 square feet are subject to a fee of$50. Any tent with a tent foot print of 1200 square feet or greater shall be subject to a fee of$165. Time of Sale Inspections: Any party requesting a time of sale inspection for residential or commercial properties shall pay the following fees: 1. For buildings containing one or two dwelling units, a fee of$125. 2. An additional charge of$50 for each unit over the second unit in the building. 3. The person requesting the inspection shall prior to, or at the commencement of the inspection, shall make payment in either a check or money order payable to the City. 4. The inspection fee shall apply to the property for the initial inspection and one (1) re- inspection. 5. Any additional re-inspections shall be subject to a seventy five dollar ($75)re-inspection fee for each subsequent visit, payable prior to the commencement of the inspection. Permit or Plan Amendments: (a) Construction Permit Plan Amendment. The fee for the review of an amendment to a construction permit plan shall be as prescribed above, per amendment, for Construction Permit Plan Review plus 1% of any increase in the net cost of the final contracted costs of the system (b) Specialty Suppression System Plan Amendment. The fee for the review of an amendment to a specialty suppression system plan shall be as prescribed shall be as prescribed above, per amendment, for Specialty Suppression System Plan Review plus 1%percent of any increase in the net cost of the final contracted cost of the system. (c) Hood Suppression System Plan Amendment. The fee for the review of an amendment to a hood suppression system plan shall be as prescribed above, per amendment, for Hood Suppression System Plan Review plus 4% of any increase in the net cost of the final contracted cost of the system. (d) Fire Sprinkler System Plan Amendment. The fee for the review of an amendment to a fire sprinkler system plan shall be as prescribed above, per amendment, for Fire Sprinkler System Plan Review plus 2% of any increase in the net cost of the final contracted cost of the system. Exception: Residential sprinkler systems (NFPA 13R) installed in residential properties of less than five (5) units shall have this fee waived unless an expedited permit is requested. (e) Fire Alarm System Plan Amendment. The fee for the review of an amendment to fire alarm system plan shall be as prescribed above, per amendment, for a Fire Alarm System Plan Review plus 3% of any increase in the net cost of the final contracted cost of the system. (f) Standpipe System Plan Amendment. The fee for the review of an amendment to a standpipe system plan shall be as prescribed above, per amendment, for a Standpipe System Plan Review, plus 3% of any increase in the net cost of the final contracted cost of the system. (g) Fire Pump System Plan Amendment. The fee for the review of an amendment to a fire pump system plan shall be as prescribed above, per amendment, for a Fire Pump System Plan Review, plus 1% of any increase in the net cost of the final contracted cost of the system. (h) In addition to the foregoing amendment fees, including any percentage increases, any permit or plan requiring an amendment shall be charged a minimum administrative fee of $50. Phased-Installation Inspection Fees: An additional fee of 12%of the total fire protection system cost shall be charged when a permittee requests to phase in necessary components of a fire protection system and inspections are required to be conducted for each phase. Re-inspection fees: A fee for failure of the first: re-test/re-inspection or subsequent inspection, the witnessing a second or subsequent retest of any fire protection, prevention, or alarm system or the re-inspection of a system or any part thereof beyond the rough-in inspection and the final inspection shall be charged at a rate of seventy-five dollars ($75.00) per hour per inspector. This fee shall be paid by installing owner/contractor prior to any re-inspection/retest. Expedited permit fee: Some permits may be eligible for an expedited process. The Fire Marshal's schedule shall dictate the availability of this service. Plans for systems with contracted costs valued at less than twenty thousand dollars ($20,000.00) may be reviewed and approved on an expedited basis within ten(10)business days for a special fee of one hundred fifty dollars ($150.00)per hour paid in addition to all other applicable permitting fees. The minimum expedited fee shall be three hundred dollars ($300). Response Fee: (a) Any violation of the ordinance resulting from a false report response shall be subject to a response fee of$500 for each Fire Department response, in addition to any other applicable fines or fees. Any violation of the ordinance resulting from a false alarm report all be subject to the following fees, in addition to any other applicable fines or fees. First incident in a calendar year: $150 Second incident in a calendar year: $300 Third and subsequent incidents in a calendar year: $500 Place of Assembly Fee: A biannual fee of two hundred forty dollars ($240.00) shall be charged to each place of assembly by the Fire Department for the cost of the inspection and certificate program. Occupancy load certificates issued during the billing cycle shall be pro-rated. Physical changes within a place of assembly that change the posted occupancy rating shall require the issuance of a new certificate and shall require a new fee to be paid. The fee shall be due on July 1, 2013, and biannually on the first day of July thereafter. JLadd From: Kimberly Murray Sent: Thursday, February 21, 2013 2:50 PM To: Bob Rusten (brusten@sburl.com) Cc: JLadd; Paul Conner Subject: IZ Agenda items for Council meeting 2/26 Bob/Janice, I should have the decisions back from Amanda by tomorrow a.m. I'll make any edits and forward as soon as I get them. Agenda items for 2/26 Council Deliberative session, review the following draft decisions: 1. Closed Public Hearing: Interim Zoning Application #IZ-12-06, John Larkin, 40 unit PUD (phase 1 of 71 unit project), 201 Allen Road. 2. Closed Public Hearing: Interim Zoning Application #IZ-12-14, Pizzagalli Properties, LLC; raze existing Liberty Inn and Suites and construct 32,000 sq. ft. general office building and parking, 462 Shelburne Road. Thanks, KU44-12-eY1-9 KIMBERLY L. MURRAY, AICP Development Coordinator + ' t 802-846-4131 f 801-846-4101 SOUth kmurray@sburl.com www.sburl.corn 575 Dorset Street I South Burlington, Vermont 05403 Notice- Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error,please notify us immediately by return email. Thank you for your cooperation. 1