Loading...
HomeMy WebLinkAboutSD-14-17 - Decision - 0232 Autumn Hill Road (2)#SD-14-17 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING WEDGEWOOD DEVELOPMENT CORP. — 232 AUTUMN HILL ROAD PRELIMINARY & FINAL PLAT APPLICATION #SD-14-17 FINDINGS OF FACT AND DECISION Wedgewood Development Corp., hereafter referred to as the applicant, is requesting preliminary and final plat approval for a planned unit development consisting of: 1) six, two- family dwellings, and 2) three (3) single family lots, 232 Autumn Hill Road. The Development Review Board held a public hearing on June 17, 2014. David Burke represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is requesting preliminary and final plat approval for a planned unit development consisting of: 1) six, two-family dwellings, and 2) three (3) single family lots, 232 Autumn Hill Road. 2. The owners of record of the subject property are Jeffrey and Elizabeth Goldberg. 3. The application was received on May 23, 2014. 4. The subject property is located in the SEQ Zoning District- NRT and NRP Sub -districts. 5. The plans submitted consists of an nine (9) page set of plans, page one (1) entitled, "Goldberg Parcel Dorset Street South Burlington", prepared by O'Leary -Burke Civil Associates, PLC, dated 3/17/2014. Zoning District & Dimensional Requirements SEQ-NRT Zoning District Requirement/Limitation J Proposed Min. Lot Size 12,000 SF Units 1-12= Common land Lot 2= .99 acres Lot 3= .97 acres Max. Density 1.2 units/acre base density 1.2/acre Max. Building Coverage 15% 6.0% Max. Total Coverage 30% 12.3% Min. Front Setback 20 ft./50 ft. 25 ft.** Min. Side Setback 10 ft. >10 ft. #SD-14-17 114 Min. Rear Setback 1 30 ft. >30 ft. zoning compliance The subject property is located in two sub -districts of the Southeast Quadrant Zoning District: the Neighborhood Residential Transition (NRT) and Natural Resource Protection (NRP) zones. The applicant is proposing to create lot lines around the individual duplex units. This action would create non -conforming lots and therefore will not be considered twelve (12) lots for LDR purposes. For LDR purposes, the twelve (12) footprint lots included in this proposal shall not be considered individual lots. The applicant will be required to record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plan. SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, 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. 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 subject 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. (2) The maximum height of any occupied structure in the SEQ-VR or SEQ-VC sub -district shall not exceed fifty feet (50'); the waiver provisions of Section 3.07(E) shall not apply to occupied structures in these sub -districts. 2 #SD-14-17 Buildings are proposed as part of this application. The DRB shall ensure that this criterion is met when reviewing the elevations. The applicant has indicated that the buildings will remain below the height limitations of the district. 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 layout of the proposed subdivision provides for open areas to be located between the western private drive and the eastern portion of the public road. Most of this land is a class II wetland and therefore will be not be usable. Given the size of the project, at 15 units, it is unclear if improved (ie- delineated fields, courts, or playgrounds) park areas would be appropriate. The Board previously recommended that the open area located between units labeled 1-6 and Dorset Street be set aside as common land for the PUD and that it be maintained as useable open space (ie, mowed during the summer). The plans have been revised to denote "common lands to be maintained for passive recreation including common Gardening Areas". The City Attorney should review the association documents for compliance prior to issuance of the first zoning permit for the property. (2) Building lots, streets and other structures shall be located in a manner consistent with the Regulating Plan for the applicable sub -district allowing carefully planned development at the average densities provided in this bylaw. The Board finds the proposed development to be partially consistent with the regulating plan. The street, block and lot pattern provides pedestrian -scaled development; sidewalks along the public road allow for direct walking and bicycling trips to the best of their ability, with consideration given to the wetlands which divide the site. (3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant. The proposed development essentially consists of three pods- the western duplexes, eastern duplexes, and the three single family lots. Open spaces and natural areas on the site exist within the significant wetlands and watercourse buffers on the site; a mature tree line exists along the northerly property boundary and between the eastern duplexes and single family house lots. (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. 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. 3 #SD-14-17 The applicant has submitted a grading and erosion control details for the construction of the road and buildings. The Public Works Department, has confirmed to staff that they have no issues with this project as it is essentially the same as was approved in 2010. (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 subject property contains identified Class II wetlands. While the buildings avoid contact with the wetlands, there is proposed grading and stormwater infrastructure within the buffers. The public road also crosses the wetland. Furthermore, the SBLDRs require that an applicant obtain a Conditional Use Determination prior to impact of any Class II wetland or buffers. The applicant received this, as noted in the Notice of Issuance of Conditional Use Determination #2010-007 but this permit has expired and the applicant has reapplied for this permit from ANR. The Board will condition this approval on the condition that the applicant obtain the necessary permit from ANR to encroach into the class II wetland and buffer. Finally, the wetland buffers located very close to units labeled as 7 and 8 shall be ground -delineated so as to reduce impact by residents of those units. The applicant is proposing a line of planted cedars along the easterly edge of the storm channel to provide a visual and physical barrier between what is to be the grassed common areas and the more sensitive wetland buffer. In addition, the applicant is proposing six (6) post mounted birdhouses at 50 ft. intervals. The Board requires additional measures of protection, including limitations on fertilizers and mowing. 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 neighborhood and natural resource values rather than preservation of specific soil types are strongly encouraged. This criterion is not applicable to this application. 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 M #SD-14-17 evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. The City of South Burlington Water Department has reviewed the plans and has provided multiple sets of comments. The last memo, dated April 19, 2010 states that no plan changes are necessary. The applicant has received preliminary wastewater allocation. The applicant should seek final wastewater allocation prior to issuance of the first zoning permit for the property. (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. The applicant is proposing a 26 foot wide public road off of Dorset Street. The public road is designed in a manner that would lend to a connection to the south. While the road only serves 6 units, a number generally allowed for a private drive, Section 15.12(D)(4) of the SBLDR also states that a public roadway shall be required if "the proposed roadway will or could provide a future extension to an adjoining property." It is very likely that this roadway will connect to the property to the south and therefore should be a public roadway. The plans depict a hammerhead turn -around to the southerly property line and a right-of-way from Windswept Lane to Autumn Hill Road for a possible future connection. Section 9.08E states that "sufficient space for one lane of on -street parking shall be provided on all streets except for arterials outside of the SEQ-VC and SEQ-VR sub -districts." The proposed road is wide enough to accommodate on -road parking. Unless otherwise dictated by the City Council, the road shall permit on -street parking. The applicant is proposing to access the duplex units in the western portion via a 20 foot wide dead end private drive off of the public road, and a 20 foot private drive to serve the two single family units. The applicant is proposing to include a 5 foot wide paved pathway on the westerly side of Black Dog Drive which will connect to the recreation path along Dorset Street. The sidewalk along Windswept Lane extends to the end of the street. The westernmost private drive is not designed in a manner to connect with the property to the south. The Board finds this acceptable given the presence of wetlands to the immediate south. A recreation path has already been completed along the Dorset Street perimeter of the property, in the road right of way. (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. 5 #SD-14-17 A 10 foot wide non -motorized pedestrian access easement is proposed to extend from the right-of- way connecting to Autumn Hill Road to the east to the easterly property line. This easement may not be utilized until easements are obtained on the abutting properties. (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 April 19, 2010. The applicant has since met with the Fire Chief. Items 5 and 6 were addressed in revised plans from the applicant. The regulations, SBLDR Section 15.12(D)(3)(f), which reference the requirement of residential sprinkler systems specifically state that they shall be required for "the homes built on a private roadway" to the satisfaction of the South Burlington Fire Chief. The two homes on the private lots are accessed via a driveway, and not what constitutes a roadway under the definitions of the SBLDR or the State E-911 standards. Confirmation on the above is being sought from the Fire Chief and will be provided at the meeting. 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 Board has reviewed the proposed curb cut to the property. Previous attempts have been made to use the existing Autumn Hill Road to the north as the access to the property; however, the applicant and the Board have found this to be impossible, per a previous decision by the environmental court. The proposed access will suffice. However, should the property to the north be developed at any time, it shall utilize the new public road, referred to herein as Windswept Lane. (1) Roads shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. The Board has already discussed this issue at length. The property to the south, should it be developed, shall be served by a public road which will also serve units labeled 7-12 on the site plan. The property to the north, should it be developed, shall be served by a shared public road labeled as Windswept Lane on the site plan. (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 proposed public road is proposed to be 26 feet wide. This meets the standards set forth in Table 9-4, Street Design Criteria for Local Streets in the SEQ-VR zoning district. on #S D-14-17 Again, the Director of Public Works has reviewed the plans. The Planning Commission has approved all proposed street names; addresses are included on the plans. (3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and neighborhoods shall apply. 9.08 SEQ-NR &NRT Sub -District; Specific Standards The SEQ-NRT sub -district has additional dimensional and design requirements, as enumerated in this Section. 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. There is no development blocks proposed in this application. The Board finds this sufficient given the relatively small size of the subdivision. (2) Interconnection of Streets. Average spacing between intersections shall be 300 to 500 feet. Dead end streets (e.g. culs de sac) are discouraged. Dead end streets may not exceed 200 feet in length. 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). The westernmost drive shall not be connected to future parcels. The easternmost drive will likely connect. To avoid confusion for residents in the proposed units, covenants or deeds shall be drafted to indicate that the road will likely be continued. Generally, the regulations require that the roadways be constructed to the property line in cases where they may be continued across parcels. The applicant and staff have discussed this matter and agree that paving to the property line at this time will not be feasible as it requires construction vehicles to trespass on the abutting property. The applicant has offered to pave the road to within 10 feet of the property boundary but continue the ROW to the property boundary. This should be sufficient to allow the connection at such time as development occurs on the property to the south. (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 Board has already commented on this matter. 7 #S D-14-17 (4) Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. The single family lots meet this requirement; all other land is common. B. Street, Sidewalk & Parking Standards (1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the NR 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 9-1 and 9-2, and Figures 9-4 and 9-5 of the SBLDR. (2) Sidewalks. Sidewalks must be a minimum of five feet (5') in width with an additional minimum five-foot planting strip (greenspace) separating the sidewalk from the street. 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. Furthermore, in accordance with the pedestrian -scaled development standards, and Figure 9-7 of the SBLDR, there shall be walkways connecting the residential units to the street or sidewalk. The plans show these walkways. This is a specific requirement of the Southeast Quadrant with respect to design criteria and should be followed. (3) Street Trees; see Section 9.08(B)(3) Street trees are required along all streets in a planting strip a minimum of five feet wide. Street tress 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. The applicant has proposed a street tree planting plan. It has been reviewed to the satisfaction of the City Arborist. (4) On -street parking; see Section 9.08(B)(4). The Board has already commented on this issue. No on -street parking is proposed but is allowed. (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 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. Four (4) Street lights are proposed. #SD-14-17 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). A minimum of thirty-five percent (35%) of translucent windows and surfaces shall be oriented to the south. It appears that this criterion is being met based on the buildings shown on the site plan with the exception of 35% of the translucent windows and surfaces being oriented to the south. The Board will not be requiring that this standard be met due to the north -south orientation of the streets serving the property resulting in the ends of the buildings facing south which makes it impractical to meet this standard. (2) Building Facades. 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. The applicant has submitted building elevations for the proposal. They have stated that the drawings depict three different gable styles, as well as notes that the singles will be three different colors, and finally that there will be four different colors used in siding. The Board finds that this adequately meets the intent of this criterion. (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. Buildings should be set back twenty-five feet (25') from the back of sidewalk. The plans show the sidewalk continuing across the front of several units. The plans include a paved path along the private road. (4) 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. (5) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. The front building line of the garage must be set behind the front building line of the house by a minimum of eight feet. Based upon the building elevations are submitted, this criterion is being met. The applicant has not submitted any elevations for the single family homes; they shall comply with the stipulations herein with respect to design elements. (6) Mix of Housing Types. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes and affordability is encouraged within neighborhoods and developments. These should be mixed N #SD-14-17 within blocks, along the street and within neighborhoods rather than compartmentalized into sections of identical units. The applicant is proposing 2 single family dwellings (carriage homes) and 6 duplexes (12 units). The Board finds this sufficient to meet this criterion for this property. This proposed subdivision is located in the southeast quadrant district. Therefore it is subject to the provisions of Section 15.18(8). The Board finds that the proposed subdivision is in compliance with all provisions of this section. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The proposed project accomplishes a desirable transition from structure to site and from structure to structure. Parking on site is sufficient as all units have garages and ample driveway space. Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The proposed parking is to the front of the proposed buildings. Given the projects status as single family and duplex residential, this is in keeping with historical design. The Board finds it acceptable. Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The heights of the proposed buildings are within the limitations of the district. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. In addition, the proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. 10 #SD-14-17 The Board has addressed this as part of the specific SEQ design review. See notes above for concerns and necessary changes. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The Board has discussed this above in this report. Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). No dumpsters are proposed. Landscaping and Screening Requirements The minimum landscaping budget shall be in accordance with Sections 13.06(F) and 13.06(G) and based on the value of the construction costs for the duplex units. Based on the projected costs of $2.1 million, a minimum of $28,500 in landscaping shall be provided on site. The applicant is meeting the landscaping requirements and the arborist has stated that he has no further comments. The value of the street trees being proposed is $39,465. DECISION Motion by Bill Miller, seconded by John Wilking, to approve preliminary and final plat application #SD-14-17 of Wedgewood Development Corp., 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 plat shall be revised to show the changes below and shall require approval of the Administrative Officer. Four (4) copies of the approved revised plans shall be submitted to the Administrative Officer prior to recording the plat. a. The survey plat shall be revised to include the signature and seal of the land surveyor. 11 #SD-14-17 b. The plans shall be revised to show a five (5) foot wide landscaped island separating the driveways for units #1-2, #3-4 and #7-8 which shall extend from the garage door to within two (2) feet of the property line. c. The street light detail on plan sheet 3 shall be revised to show a 12 ft. to 14 ft. pedestrian scaled light with a country style or gas lamp style type fixture. 4. No signs are approved, denied, or otherwise considered as part of this application. 5. Units #1 through #6 shall include residential sprinkler systems and the single family dwellings on lots #2 and #3 are not required to have residential sprinkler systems. 6. The open space area to the front of units labeled 1-6 shall be maintained as common land. The space shall be maintained in summer months for useable passive recreation. The City Attorney shall review the association documents to ensure that they clearly designate maintenance requirements to the association members, prior to issuance of a zoning permit for the first building on the site. 7. The plans show a scalloped line indicating those portions of the mature lines of trees that will remain. This line shall be maintained. No cutting or thinning of trees shall be permitted within this area. 8. A copy of the issued wetland permit from the Vermont Department of Environmental Conservation shall be submitted to the Administrative Officer prior to the recording of the final plat plan (mylar). 9. The proposed project shall adhere to standards for erosion control asset 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. 10. There shall be no use of pesticides or non -organic fertilizers within the wetlands or associated 50 foot buffers. 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. 11. There shall be no mowing within 50 feet of the wetlands 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. 12. The applicant shall receive final wastewater allocation from the Director of Planning and Zoning prior to issuance of the first zoning permit for a building. 13. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 14. The applicant shall provide association documents which prohibit the parking of RVs on site prior to permit issuance for the first building. 15. The parking/storage of recreational vehicles within the project site shall be prohibited. 12 #SD-14-17 16. The applicant shall adhere to the comments of the South Burlington Water Department dated 4/19/2010. 17. The applicant shall provide covenants or association language that indicates that the public road and sidewalk are likely to connect to abutting properties to the north and south, prior to issuance of a zoning permit for the first building on the property. 18. The single family homes shall meet the design standards of the SEQ zoning district, including setbacks of garages, variations in fagade, and orientation to the street with the exception of meeting the standard that a minimum of 35% of translucent windows and surfaces be oriented to the south. 19. The applicant shall adhere to the comments of the South Burlington Director of Public Works/City Engineer, dated April 5, 2010. 20. All exterior lighting shall be downcast and shielded, and otherwise comply with Section 13.07 of the SBLDR. 21. 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. 22. Street trees must be in place along the street prior to adding the final layer of the pavement. 23. The mylar shall be recorded prior to any zoning permit issuance. 24. The applicant shall construct the duplex buildings using at least: 1) three (3) different gable styles, 2) three (3) different colors for the roof shingles, and 3) three (3) different colors for the siding. 25. The applicant shall post a $39,465 landscaping bond for the street trees prior to issuance of the zoning permit for road construction and a $28,500 landscaping bond for site landscaping prior to issuance of the first permit for the first building. These bonds 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. 26. Pursuant to Section 15.17 of the Land Development Regulations, the applicant shall submit a Certificate of Title showing the ownership of all property and easements to be dedicated or acquired by the City to be approved by the City Attorney prior to recording the mylar. 27. 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 and warranty deed for proposed public road, and utility, sewer, water, recreation path, etc.) shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 13 #SD-14-17 28. Prior to the recording of the final plat plan, the applicant shall record the appropriate legal document, approved by the City Attorney, to dissolve the existing recreation path along Dorset Street. 29. The applicant shall obtain a zoning permit for the first building within six (6) months of this approval. The Development Review Board grants a period of five (5) years for approval of the remainder of the buildings. At such time as the five years is reached and the applicant has not sought a zoning permit for the remainder of the buildings, they shall be eligible, per Section 17.04 of the South Burlington Land Development Regulations, for one (1) extension to an approval if the application takes place before the approval has expired and if the Development Review Board determines that conditions are essentially unchanged from the time of the original approval. In granting such an extension, the Development Review Board may specify a period of time up to one (1) year for the extension. 30. Prior to start of construction of the improvements described in condition #26 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. 31. Prior to recording the final plat plans, the applicant shall submit a "Notice of Conditions" for review and approval by the City Attorney which shall be recorded in the land records indicating that for LDR purposes, the footprint lots do not exist. 32. Any changes to the final plat plans shall require approval of the South Burlington Development Review Board. 33. Prior to issuance of a zoning permit for the first lot or start of utility or road construction, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 34. The final plat plans (sheet 1 and subdivision plat) 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. Tim Barritt— ea nay/abstain/not present Mark Behr—yea/nay/abstain/not present Art Klugo — yea/nay/abstain/not present Bill Miller — ea nay/abstain/not present David Parsons — ea nay/abstain/not present Jennifer Smith — ea nay/abstain/not present John Wilking —yea/nay/abstain/not present Motion carried by a vote of 7 -0 -0 Ri Signed this lv day of -:II& ri- 14 2014, by #SD-14-17 Tim Barritt, 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://vermont*udiciary.org/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. 15