HomeMy WebLinkAboutSD-10-10 - Decision - 0232 Autumn Hill Road#SD-10-10
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
WEDGEWOOD DEVELOPMENT CORP. - 232 AUTUMN HILL ROAD
FINAL PLAT APPLICATION #SD-10-10
FINDINGS OF FACT AND DECISION
Wedgewood Development Corp., hereafter referred to as the applicant, is requesting
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 April 20 and May 4, 2010.
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 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 March 22, 2010.
4. The subject property is located in the SEQ Zoning District- NRT and NRP Sub -
districts.
5. The plans submitted consists of an eight (8) page set of plans, page one (1) entitled,
"Goldberg Parcel Dorset Street South Burlington", prepared by O'Leary -Burke Civil
Associates, PLC, dated 1/15/2009, last revised on 4/19/2010
Zoning District & Dimensional Requirements
SEQ-NRT
Requirement/Limitation
Propose
Zoning District
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
1 15%
7.5%
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�l Max. Total Coverage
30%
12.3%
Min. Front Setback
20 ft./50 ft.
25 ft.**
�l Min. Side Setback
10 ft.
>10 ft.
Min. Rear Setback
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.
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
SE.Q-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.
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Buildings are proposed as part of this application. The DRB shall ensure that this
criterion is met when reviewing the elevations. The applicant has stated in a letter to the
Staff that 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 this. 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.
The applicant has submitted a grading and erosion control details for the construction of the
road and buildings. The Stormwater Superintendent has reviewed these plans and
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provided comments as part of a memo from the Department of Public Works, dated April 5,
2010. The applicant has subsequently met with the Public Works Department, who has
provided a new memo stating that all previous concerns have been met. No changes
(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 has received this, as noted
in the Notice of Issuance of Conditional Use Determination #2010-007.
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. 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 evidenced by a City water allocation, City wastewater allocation,
and/or Vermont Water and Wastewater Permit from the Department of
Environmental Conservation.
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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 cul-de-sac at southeast property line.
Section 9.08B 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.
Per feedback from the DRB at the April 20, 2010 hearing, the applicant has revised the
plans to include a 5 foot wide paved pathway on the easterly side of Black Dog Drive.
The sidewalk along Windswept Lane has also been extended to the driveway of Unit 8.
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.
The Board finds the plans sufficiently meet these criteria.
(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
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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 Board notes that,
per item 3, there is no authority to require a residential sprinkler system in the homes
accessed from the private drive. 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.
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 curbcut 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.
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.
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(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.
(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
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(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 shall be revised to show these walkways. This is a specific
requirement of the Southeast Quadrant with respect to design criteria and should be
followed. The applicant has added it to the most recent set of plans.
(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
required.
(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
C. Residential Design
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(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 applicant has revised the plans to continue the sidewalk across the front of several
units. The plans have also been revised to 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 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.
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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(B).
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.
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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 Gayle Quimy, seconded by Roger Farley, to approve Final Plat Application
#SD-10-10 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.
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4. No signs are approved, denied, or otherwise considered as part of this application.
5. 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.
6. 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.
7. The proposed project shall adhere to standards for erosion control as set forth in
Section 16.03 of the South Burlington Land Development Regulations. In addition, the
grading plan shall meet the standards set forth in Section 16.04 of the South Burlington
Land Development Regulations.
8. 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.
9. 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.
10. 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.
11. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
12. The applicant shall provide association documents which prohibit the parking of RVs on
site prior to permit issuance for the first building.
13. The parking/storage of recreational vehicles within the project site shall be prohibited.
14. The applicant shall adhere to the comments of the South Burlington Water
Department dated 4/19/2010.
15. The applicant shall adhere to the comments of the South Burlington Fire Chief, per
the memo dated April 19, 2010, with the exception of item numbers 5 and 6, which
have already been addressed, and the portion of item number 3 which references
Conifer Terrace.
16. 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.
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17. 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.
18. The applicant shall adhere to the comments of the South Burlington Director of
Public Works/City Engineer, dated April 5, 2010.
19. All exterior lighting shall be downcast and shielded, and otherwise comply with Section
13.07 of the SBLDR.
20. 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.
21. Street trees must be in place along the street prior to adding the final layer of the
pavement.
22. The mylar shall be recorded prior to any zoning permit issuance.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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,
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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.
29. 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.
30. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
31. 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.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/mot pres
John Dinklage — e /nay/abstain/not press
Roger Farley — nay/abstain/not present
Eric Knudsen —�ea
e /nay/abstain/not present
Gayle Quimby — nay/abstain/not present
Bill Stuono — ye nay/abstain/not present
Motion carried by a vote of
Signed this day of 1/2 z`j 2010, by
John Dinklage, Chairman
L_
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 $250.00. 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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