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HomeMy WebLinkAboutSD-12-09 - Decision - 1500 Dorset Street#SD-12-09 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING DORSET LINKS, LLC — 1500 DORSET STREET FINAL PLAT APPLICATION #SD-12-09 FINDINGS OF FACT AND DECISION Dorset Links, LLC, hereinafter referred to as the applicant, is seeking final plat approval for a planned unit development on a 6.23 acre parcel consisting of: 1) seven (7) single family dwellings, and 2) one (1) two-family dwelling, 1500 Dorset Street. The Development Review Board held public hearings on June 19 and July 17, 2012. David Burke represented the applicant. Based on testimony provided at the above mentioned public hearings and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking approval of a final plat application for a planned unit development on a 6.23 acre parcel consisting of.- 1) seven (7) single family dwellings, and 2) one (1) two-family dwelling, 1500 Dorset Street. 2. The owner of record of the subject property is Dorset Links, LLC. 3. The application was received on May 14, 2012. 4. The subject property is located in the SEQ Neighborhood Residential Zoning District. 5. The plan submitted consists of nine (9) page set of plans, page one (1) entitled "Dorset Links Planned Unit Development 1500 Dorset Street South Burlington, VT, prepared by O'Leary -Burke Civil Associates, PLC., dated 12114111, last revised on 7111112. PROJECT DESCRIPTION Dorset Links LLC, hereinafter referred to as the applicant, is seeking preliminary plat approval for a planned unit development on a 6.23 acre parcel consisting of: 1) seven (7) single family dwellings, and 2) one (1) two-family dwelling, 1500 Dorset Street. CAUsers\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_Links_ffd.doc #SD-12-09 Zoning District & Dimensional Requirements SEQ-VR Zoning District Requirement/Limitation Proposed Min. Lot Size 12,000 SF >0.31 acres Max. Base Density 1.2 units/acre base density= 7 units 9 units A Max. TDR Density 8 units/acre TDR density= 49 units ♦ Max. Building Covera e 15% <15% ♦ Max. Total Covera e 30% <30% Min. Front Setback 20 ft. 14 ft. �l Min. Side Setback 10 ft. >10 ft. Min. Rear Setback 30 ft. >30 ft. �I zoning compliance ♦ Building coverage is for the overall PUD. Each lot will be subject to this criterion and will be enforced by the Administrative Officer at such a time as the applicant proposes buildings for the lots. A At 1.2 units per acre, the 6.23 acres would allow up to 7 units. Therefore, the applicant will need to utilize two (2) transferred development rights. This would be below the allowable 4 dwelling units per acre. ► Waiver request. Lots #1, 2 & 3 will not meet the 20 ft. front setback requirement due to the proposed widened of the ROW. The Board grants a six (6) waiver from these requirements as discussed under Landscaping. 6. All land development, including but not limited to expansions, sunrooms, and decks shall be limited to the building and overall coverage limitations for the district. This shall be permitted through zoning permits by the Administrative Officer. 7. The Board grants a six (6) foot setback waiver for lots #1, 2 and 3 such that the houses on these lots shall not be any closer to the street ROW than 14 feet. The applicant has submitted the legal documents pertaining to the options for TDRs that have been reviewed by the City Attorney. The development rights shall be purchased by the applicant prior to recording the final plat plan (mylar). 8. The DRB hereby approves the transfer of two (2) development rights from 70 Highland Terrace to this subdivision. Prior to recording the final plat plans, the applicant shall record the document entitled, "Density Reduction Easement and Transfer of Development Rights" and a survey of the area from which the transferable development rights have been severed as required under 24 V.S.A § 4423(b)(4), upon approval of the City Attorney in the South Burlington land records. III C:\Users\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_Links_ffd.doc #SD-12-09 9. Prior to recording the final plat plan (mylar), the applicant shall record the document entitled, "Density Reduction Easement and Transfer of Development Rights" and a survey of the area from which the transferable development rights have been severed as required under 24 V.S.A § 4423(b)(4), upon approval of the City Attorney in the South Burlington land records. SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations (SBLDR), subdivisions shall comply with the following standards and conditions: The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The standards for this criterion are found below in a review of the regulations of the Southeast Quadrant. 10. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed subdivision of this property is in conformance with the South Burlington Comprehensive Plan. Southeast Quadrant District This proposed subdivision is located in the southeast quadrant district. Therefore it is subiect to the provisions of Section 9 of the SBLDR. 9.06 Dimensional and Design Requirements Applicable to All Sub -Districts The following standards shall apply to development and improvements within the entire Southeast Quadrant Zoning District. A. Height. (1) The maximum height of any occupied structure in the SEQ-NRP, SEQ-NRT, or SEQ- NR sub -district shall not exceed forty-five feet (45'); the waiver provisions of Section 3.07(E) shall not apply to occupied structures in these sub -districts. The Table of Uses and Dimensional Standards (Appendix C) also specifies the maximum building height for the SEQ-NR District. The maximum height for principal buildings (flat) is 25 feet, and the maximum height for principal buildings (pitched) is 28 feet. Maximum story heights also apply. The applicant has stated that the proposed height of the buildings will not exceed 28 feet for a pitched roof structure. Heights of buildings shall be enforced in accordance with the Table of Use and Dimensional Standards (Appendix C) when the applicant applies for zoning permits for units on the individual lots. 3 CAUsers\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_t_inks_ffd.doc #SD-12-09 11. The maximum height of any structure shall not exceed those allowed within the Table of Uses and Dimensional Standards (Appendix C). B. Open Space and Resource Protection. (1) Open space areas on the site shall be located in such a way as to maximize opportunities for creating usable, contiguous open spaces between adjoining parcels The applicant is proposing eight lots which are similar in size, ranging from 0.31 to 0.875 acres. The units are dispersed throughout the 6.23 acres fairly uniformly. Open space on the proposed development consists of a 0.83 acre lot labeled as common land. Most of this is a Class III wetland. However, there is approximately 5,000 square feet of dry, useable space. This area is delineated with split rail fencing at a 25-foot buffer from the wetland. Given the mid- sized scale of the project, the Board finds this sufficient as an open space area to meet this criterion. Most of the lots are relatively large and will have adequate space for gardening or on site. (2) Building lots, streets and other structures shall be located in a manner consistent with the Regulating Plan for the applicable subdistrict allowing carefully planned development at the average densities provided in this bylaw. See discussion below under Section 9.07 9.07 Regulating Plans A. Description and Regulatory Effect. The regulatory text of this Article is supplemented with illustrations, officially known as the Regulating Plan, illustrating the dimensional and design concepts. The Regulating Plan contains basic land planning and neighborhood design criteria that are intended to foster attractive and walkable neighborhood development patterns. Design criteria and guidelines set forth below are intended to address basic neighborhood design relationships related to scale, connectivity, and overall orientation that promote pedestrian friendly development as follows in Section 9.07(C). The Regulating Plan is an illustrative guide; it does not have the same force of regulation as does the text in this bylaw. However, the Development Review Board will refer to both the Regulating Plan and the text of this section in its project reviews B. General Provisions (1) The Regulating Plan shall apply to new development within the SEQNRT, SEQ-NR, SEQ- VR and SEQ-VC sub -districts. (2) All residential lots created on or after the effective date of this bylaw in any SEQ sub -district shall conform to a standard minimum lot width to depth ratio of one to two (1:2), with ratios of 1:2.5 to 1:5 recommended. The applicant is proposing lot width to depth ratios for most of the lots to meet the 1:2 standards. Lots 1, 2, 3 and 7 do not, and are significantly wider than they are long. One such lot (Lot 1) is for a duplex. The Board finds the ratios acceptable given that the lot includes a duplex unit, and the building remains close to the adjacent lot; the spirit and intent of the regulation is met. N CAUsers\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_Links_ffd.doc #SD-12-09 Lot 7 is also significantly wider, but it is proposed to be an open space lot and has prevalent wetlands. 12. The Board grants modifications to lot -to -width ratios for lots 1, 2, 3 and 7 as proposed. C. Street, Block and Lot Patterns (1) Overall Criteria: Development criteria within the Street, Block and Lot Pattern section are intended to provide pedestrian -scaled development patterns and an interconnected system of streets that allow direct and efficient walking and bicycling trips, and decrease circuitous vehicular trips. (2) Street Design: The intention of street design criteria is to provide a system of attractive, pedestrian -oriented streets that encourage slower speeds, maximize connections between and within neighborhoods, and contribute to neighborhood livability. (3) Building Design: The intention of the building design guidelines is to ensure that new housing and commercial development reinforce a pedestrian -friendly environment, while allowing creativity in design. The 6.23 acres is located between two other lots with remaining development potential. As such, the applicant has provided a central street and provisions for street connections to both the north and south (see further comment on this below). The Board finds that pedestrian scale is somewhat achieved given the size of the neighborhood. The plans provide a sidewalk, in adherence with the guidelines of the section, and provisions are made for connections to future development of adjacent properties. (3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant. Common land is proposed which includes a Class III wetland. The applicant is proposing a split rail fence to delineate the wetland area and a 25 foot buffer. The association documents related to the common land shall include provisions that indicate the useable portions of this land are to be available to all residents in the PUD. Association documents shall also include provisions for maintenance of the land. These documents shall be submitted prior to issuance of the first building permit for the PUD. The Board finds that the proposed plan meets the standards above with the following conditions: 13. The common land, outside of the split rail fenced area, must remain available for use by all residents of the PUD. 14. The association documents related to the common land shall include provisions that indicate the portions of this land outside of the split rail fence area are to be available to all residents in the PUD and shall remain as open space. Association documents shall also include provisions for maintenance of the land. (4) Sufficient grading and erosion controls shall be employed during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the Development Review Board may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. CAUsers\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_Links_ffd.doc #SD-12-09 The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. Comments on the proposed plans were prepared by the City Engineer/Director of Public Works and the City Stormwater Superintendent. The applicant has addressed all of the stormwater comments. 15. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. (5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or primary or natural community areas and buffers in a manner that is aesthetically compatible with the surrounding landscape. Chain link fencing other than for agricultural purposes shall be prohibited within PUDs; the use of split rail or other fencing made of natural materials is encouraged. The applicant has submitted a wetlands delineation of the site. The applicant has proposed a 25 foot buffer around the wetlands, all of which are Class III on the site. The South Burlington Land Development Regulations require a 50 foot buffer. The applicant has submitted a request to reduce this wetland buffer to 25 feet. The Board finds the 25 foot buffer to be appropriate based on testimony from a wetlands expert regarding the functions and values of the wetlands on site. 16. The Board grants the applicant's request for a waiver of the wetland buffer from 50 feet to 25 feet. Additionally, the wetlands and wetland buffers are in some cases located very close to units.. The applicant has proposing to provide a line of planted cedars or split -rail fencing to provide a visual and physical barrier between what is to be the grassed lawn areas and the more sensitive wetland buffer. The Board finds this acceptable, and will also require additional measures of protection, including limitations on fertilizers and mowing. 17. There shall be no use of pesticides or non -organic fertilizers within the wetlands or associated buffers. This shall be reflected in the association or deed documents which shall be reviewed by the City Attorney prior to issuance of a zoning permit for the first building on the property. 18. There shall be no mowing within wetlands or wetland buffers on the property. Brush - hogging shall be allowed no more than three (3) times per year. This shall be reflected in the association documents which shall be reviewed by the City Attorney prior to issuance of a zoning permit for the first building on the property. C. Agriculture. The conservation of existing agricultural production values is encouraged through development planning that supports agricultural uses (including but not limited to development plans that create contiguous areas of agricultural use), provides buffer areas between existing agricultural operations and new development, roads, and infrastructure, or creates new opportunities for agricultural use (on any soil group) such as but not limited to community -supported agriculture. Provisions that enhance overall 0 C:\Users\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_Links_ffd.doc #SD-12-09 neighborhood and natural resource values rather than preservation of specific soil types are strongly encouraged. See discussion under Section 9.06(B) D. Public Services and Facilities. In the absence of a specific finding by the Development Review Board that an alternative location and/or provision is approved for a specific development, the location of buildings, lots, streets and utilities shall conform with the location of planned public facilities as depicted on the Official Map, including but not limited to recreation paths, streets, park land, schools, and sewer and water facilities. (1) Sufficient water supply and wastewater disposal capacity shall be available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. On July 2nd, 2012 the City's Public Works Department provided a letter with comments. The applicant's engineer addressed these comments in an email dated 7/11/12. 19. The applicant shall adhere to comments provided by the City's Department of Public Works letter dated 711112012. The applicant has obtained preliminary wastewater allocation; they shall obtain final wastewater allocation for each unit prior to issuance of a zoning permit. 20. The applicant shall obtain final wastewater allocation for each unit prior to issuance of a zoning permit. (2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. (3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is consistent with City utility plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. The applicant is proposing a 20 foot recreation path easement along Dorset Street. No construction, permitting, or grading is proposed along this new easement. The Recreation Path Committee reviewed the project and provided recommendations to the Board on October 3, 2011. The applicant later worked with a representative of the Recreation Path Committee. There is a wetland along the north side of this easement area. 7 C:\Users\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_Links_ffd.doc #SD-12-09 The Board finds the provision of this easement to be acceptable. (4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for evaluation including, but not limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. The City of South Burlington Fire Department has reviewed the plans and provided comments in a letter dated February 17, 2012. Recommended changes to the plans were completed. All other comments shall be implemented but do not require plan changes. 21. The applicant shall adhere to the comments provided by the South Burlington Fire Chief in a letter dated February 17, 2012 E. Circulation. The project shall incorporate access, circulation and traffic management strategies sufficient to prevent unsafe conditions on of adjacent roads and sufficient to create connectivity for pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles between neighborhoods. In making this finding the Development Review Board may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. The Boards finds the circulation on the site to be adequate. (1) Roads shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. The plans provide for potential connections to adjacent properties, planned and unplanned, developed and undeveloped. (2) Roads shall be designed in a manner that is consistent with City roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. The Board finds the roadway details, which were reviewed by the City Engineer, to be acceptable. (3) The provisions of Section 15.12(D) (4) related to connections between adjacent streets and neighborhoods shall apply. The lot is located between two other lots with remaining development potential. The applicant has provided provisions for street connections to both the north and south. The Board finds that this standard has been met. 9.09 SEQ-VR Sub -District; Specific Standards The SEQ-VR sub -district has additional dimensional and design requirements, as enumerated in this Section. C:\Users\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_Links_ffd.doc #SD-12-09 A. Street, Block and Lot Pattern (1) Development blocks. Development block lengths should range between 300 and 400 linear feet; see Figure 9-2 for example. If longer block lengths are unavoidable blocks 400 feet or longer must include mid -block public sidewalk or recreation path connections. (2) Interconnection of Streets (a) Average spacing between intersections shall be 300 to 400 feet. (b) Dead end streets (e.g. culs de sac) are discouraged. Dead end streets shall not exceed 200 feet in length. (c) Street stubs are required at the end of dead end streets to allow for future street connections and/or bicycle and pedestrian connections to open space and future housing on adjoining parcels per section 15.12(D)(4). (3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line and connected to adjacent parcels per section 15.12(D)(4) of these Regulations. Posting signs with a notice of intent to construct future streets is strongly encouraged. The applicant is proposing a central street and connections to both the south and north. The Board finds that these standards have been met. (4) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. See discussion under Section 9.07(B) B. Street, Sidewalk & Parking Standards (1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the VR sub -district are intended to be low -speed streets for local use that discourage through movement and are safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall be as set forth in Tables 9-3 and 9-4, and Figures 9-8 and 9-9 below. Table 9-4: Street Design Criteria for Local Streets, VR and VC Design Seed 25 mph Pavement width (parking one side) 26' Pavement width(parallel parking both sides 34' With no parking 24' at wetland crossings 18, Minimum radius of curves 200' Minimum tangent length between curves 50' Minimum distance between centerline offsets 150' Minimum vertical sight distance 150' Minimum horizontal sight distance 275' 7 C:\Users\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_Links_ffd.doc #SD-12-09 Figure 9-9: Pavement Dimensions, Local Streets, SEQ-VR J. T Prverrtent mrriensirins: Local Street, One -Sided Parking, SEQ-VR �F �c i 8 9' 9' B' Pavement Dimensions: Local Street, Two -Sided Parking, SEQ-VR The applicant is proposing 26 feet of pavement which will accommodate parking on one side. This is in keeping with the required standard. (2) Sidewalks (a) Sidewalks must be a minimum of five feet (5') in width with an additional minimum five-foot planting strip (green space) separating the sidewalk from the street. (b) Sidewalks are required on one side of the street, and must be connected in a pattern that promotes walkability throughout the development. The DRB may in its discretion require supplemental sidewalk segments to achieve this purpose. The Board finds that the proposed plans meet these criteria. (3) Street Trees; see Section 9.08(B) (3) (4) On -street parking; see Section 9.08(B) (4). (5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and to slow traffic; see Figure 9-6 and Section 9.08(B) (5). (6) Street and sidewalk lighting. Pedestrian -scaled light fixtures (e.g., 12' to 14') shall be provided sufficient to ensure pedestrian safety traveling to and 10 C:\Users\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_Links_ffd.doc #SD-12-09 from public spaces. Overall illumination levels should be consistent with the lower -intensity development patterns and character of the SEQ, with lower, smoother levels of illumination (rather than hot -spots) and trespass minimized to the lowest level consistent with public safety. The Board finds that the proposed plans meet these following review and concurrence by the Director of Public Works. C. Residential Design (1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for single family and multi -family buildings must face the street. Secondary building entries may open onto garages and/or parking areas. (Special design guidelines apply to arterial streets). (2) Building Fagades. Building facades are encouraged to employ a theme and variation approach. Buildings should include common elements to appear unified, but facades should be varied from one building to the next to avoid monotony. Front porches, stoops, and balconies that create semi -private space and are oriented to the street are encouraged. (3) Front Building Setbacks. In pedestrian districts, a close relationship between the building and the street is critical to the ambiance of the street environment. (a) Buildings should be set back fifteen feet (15') from the back of sidewalk. (b) Porches, stoops, and balconies may project up to eight feet (8) into the front setbacks. Porch, stoop and balcony areas within the front setback shall not be enclosed or weatherized with glazing or other solid materials. The increased width of the street ROW results in a 14 foot setback for lots #1, 2 & 3 only which is a six (6) foot encroachment into the front setback requirement per the Table of Uses and Dimensional Standards and a one (1) foot encroachment from the residential design criteria. The Board grants this waiver request (under dimensional standards) and supports the proposed modification for the reasons discussed below under Landscaping. The Board finds that the proposed building orientation and facades comply with the standards. (4) Placement of Garages and Parking. See Section 9.08(C) (4) and Figure 9-7. The applicant has submitted architectural renderings of all proposed homes. The Board finds these plans to comply with the requirements. (5) Mix of Housing Types. A mix of housing types is encouraged within neighborhoods and developments. Housing types should be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of identical housing types. The applicant is proposing seven (7) single family homes and one (1) duplex and has submitted renderings of all proposed homes. The Board finds this mix, together with the variation in C:\Users\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_Links_ffd.doc #SD-12-09 facades, to comply with this standard. The applicant has indicated to the Board that he will not deviate from these plans and if he does want to, he will return to the Board for approval. 22. The applicant shall adhere to the building elevations submitted or return to the Board for approval of any substantive modifications related to the Residential Design Criteria for the SEQ-VR district. LANDSCAPING- Street Trees Pursuant to Chapter 9 of the South Burlington Land Development Regulations, the following applies with respect to street trees: Street Trees (a) Street trees are required along all streets in a planting strip a minimum of five feet wide. (b) Street tree types shall be large, deciduous shade trees with species satisfactory to the City Arborist. Street trees to be planted must have a minimum caliper size of 2.5 to 3 inches DBH, and shall be planted no greater than thirty feet (30') on center. In response to staff comments noting that planting public street trees outside of the public right of way is unequivocally not permitted as well as other concerns, the applicant submitted revised plans on July 3`d to correct this situation. Revised plans include: • the road cross section has been redesigned to incorporate a 5' wide planting strip for the proposed street trees within the ROW; • the street trees will be equidistant from the center of the road, with shallow swales on both sides and a 5' wide sidewalk (located only on one side); • an increase in road ROW width to 56' from 50' ( 31' off center on the sidewalk side and 25' off center on the non -sidewalk side), and • street trees now proposed to be planted at 30' spacing as requested and in the proper amounts and trees shown previously on the DeMaroney parcel, opposite the end of Goldenrod Street, have been removed as requested by staff. These changes are a result of a Low Impact Development stormwater swale being used in place of curbing. This design requires that trees be located outside of the swales. The changes are to allow the street trees to be in the ROW but not in the swale itself, while maintaining the same building setback from the actual roadway and sidewalk. The Board finds the proposed plans to be acceptable. LANDSCAPING- Bonding The applicant shall bond separately for the street trees and the additional landscaping proposed on the berms at the east side of the property. Bonding amounts shall be as determined by the Land Development Regulations. OTHER- Street Name 12 CAUsers\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_Links_ffd.doc #SD-12-09 The Planning Commission has approved two new street names for the project: Link Road and Goldenrod Street. OTHER -Curbing Section 15.12 of the LDRs requires that all streets have curbing. Curbing is not proposed for the streets in the development to accommodate stormwater swales. The Board supports this change as a low impact development technique. 23. The Board grants the waiver of the requirement for the proposed streets to be curbed. DECISION Motion by Roger Farley, seconded by Tim Barritt, to approve Final Plat Application #SD-12-09 of Dorset Links, 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 plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 4. All land development, including but not limited to expansions, sunrooms, and decks shall be limited to the building and overall coverage limitations for the district. This shall be permitted through zoning permits by the Administrative Officer. 5. The maximum height of any structure shall not exceed those allowed within the Table of Uses and Dimensional Standards (Appendix C). 6. The applicant shall adhere to the building elevations submitted or return to the Board for approval of any substantive modifications related to the Residential Design Criteria for the SEQ-VR district. 7. The Board grants a six (6) foot setback waiver for lots #1, 2 and 3 such that the houses on these lots shall not be any closer to the street ROW than 14 feet. 8. The Board grants modifications to lot -to -width ratios for lots 1, 2, 3 and 7 as proposed. 9. The Board grants the applicant's request for a waiver of the wetland buffer from 50 feet to 25 feet. 10. The Board grants the waiver of the requirement for the proposed streets to be curbed. 11. The common land, outside of the split rail fenced area, must remain available for use by all residents of the PUD. 13 CAUsers\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_Links_ffd.doc #SD-12-09 12. The association documents related to the common land shall include provisions that indicate the portions of this land outside of the split rail fence area are to be available to all residents in the PUD and shall remain as open space. Association documents shall also include provisions for maintenance of the land. 13. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 14. There shall be no use of pesticides or non -organic fertilizers within the wetlands or associated buffers. This shall be reflected in the association or deed documents which shall be reviewed by the City Attorney prior to issuance of a zoning permit for the first building on the property. 15. There shall be no mowing within wetlands or wetland buffers on the property. Brush -hogging shall be allowed no more than three (3) times per year. This shall be reflected in the association documents which shall be reviewed by the City Attorney prior to issuance of a zoning permit for the first building on the property. 16. Per section 12.03.F(1) of the LDRs, the applicant shall submit record drawings showing pipe invert elevation, drainage structure rim elevation, pipe material, and final grading prior to the acceptance of the streets as public streets. 17. Hydrologic modeling shall be submitted to the Department of Public Works prior to the issuance of a zoning permit for road construction. 18. The applicant shall regularly maintain all stormwater treatment and conveyance structures on -site. 19. The applicant shall adhere to the comments of the South Burlington Fire Chief per the memo dated 2/17/12. 20. The applicant shall adhere to the comments of the South Burlington Department of Public Works, dated 7/11/2012 21. The applicant shall obtain final wastewater allocation for each dwelling unit prior to issuance of a zoning permit. 22. The DRB hereby approves the transfer of two (2) development rights from 70 Highland Terrace to this subdivision. 23. Prior to recording the final plat plans (mylar), the applicant shall record the document entitled, "Density Reduction Easement and Transfer of Development Rights" and a survey of the area from which the transferable development rights have been severed as required under 24 V.S.A § 4423(b)(4), upon approval of the City Attorney in the South Burlington land records. 24. Prior to issuance of a zoning permit for the first building or start of utility or road construction, all appropriate legal documents including easements (e.g. irrevocable offer of dedication 14 CAUsers\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_Links_ffd.doc #SD-12-09 and warranty deed for proposed public road, and utility, sewer, water, recreation path, and easement deed from the property owner to the north to the City for the temporary turn- around, etc.) shall be recorded in the South Burlington land records. 25. Prior to start of construction of the improvements described in condition #24 above, the applicant shall post a bond which covers the cost of said improvements, the amount of which must be approved by the City Engineer. 26. The applicant shall post a $11,916 landscaping bond for the street trees prior to issuance of the zoning permit for road construction. This bond shall remain in full effect for three (3) years from planting to assure that the landscaping has taken root and has a good chance of survival. 27. The applicant shall post a $2,761 landscaping bond for site plantings prior to issuance of the zoning permit for road construction. This bond shall remain in full effect for three (3) years from planting to assure that the landscaping has taken root and has a good chance of survival. 28. In accordance with Section 15.14 of the South Burlington Land Development Regulations, within 14 days of completion of required improvements (e.g. roads, water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineer, "as built' construction drawings certified by a licensed engineer. 29. Street trees must be in place along the street prior to adding the final layer of the pavement. 30. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 31. The final plat plan (survey plat & sheet #1) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. 32. The mylar shall be recorded prior to any zoning permit issuance. Tim Barritt— yea/nay/abstain/not present Mark Behr — >L/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Art Klugo — yea/nay/abstain/not present Bill Miller — yea/nay/abstain/not present Michael Sirotkin — yea/nay/abstain/not present Bill Stuono — yea/nay/abstain/not present Motion carried by a vote of 4 — 1 — 1 C:\Users\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_Links_ffd.doc #SD-12-09 Signed this 22nd day of August 2012, by Digitally signed by Mark C. Behr Mark C B e h r em cn=Mark C. Behr, o, ou, email=mark@rhbpc.com, c=US Date: 2012.08.22 08:54:02-04'00' Mark Behr, Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). 16 C:\Users\Mark\Documents\South Burlington DRB\8.21.12 Meeting Decisions\SD_12_09_1500DorsetStreet_Links_ffd.doc