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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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'
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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
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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
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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
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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.
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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
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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
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#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).
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