HomeMy WebLinkAboutSD-09-05 - Decision - 0232 Autumn Hill Road#SD-09-05
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
WEDGEWOOD DEVELOPMENT CORP. — 232 Autumn Hill Road
PRELIMINARY PLAT APPLICATION #SD-09-05
FINDINGS OF FACT AND DECISION
Wedgewood Development Corp., hereafter referred to as the applicant, is requesting
preliminary plat approval for a planned unit development consisting of: 1) six (6) two-family
dwellings, and 2) three (3) single family lots, 232 Autumn Hill Road.
The plans were reviewed on January 22, 2009 and continued at the request of the applicant
through multiple succeeding hearings so that the applicant could work through outstanding
issues. The Development Review Board held a public hearing on June 16, 2009. 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 plat approval for a planned unit development
consisting of: 1) six (6) two-family dwellings, and 2) three (3) single family lots, 232 Autumn
Hill Road.
3. The owners of record of the subject property are Jeffrey and Elizabeth Goldberg.
3. The application was received on January 22, 2009
4. The subject property is located in the SEQ Zoning District- NRT and NRP Sub -
districts.
5. The plans submitted consist 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 6/1/2009.
Zoning District & Dimensional Requirements
SEQ-NRT
Zoning District
Requirement/Limitation
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%
7.5%
�l Max. Total Coverage
30%
12.3%
Min. Front Setback
20 ft./50 ft.
25 ft.**
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�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
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.
Buildings are proposed as part of this application. The DRB shall ensure that this
criterion is met when reviewing the elevations. The applicant has submitted building
elevations but they do not indicate the proposed height of the buildings.
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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 (i.e. - delineated fields, courts, or playgrounds) park areas would be
appropriate. Staff and 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 (i.e., 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 proposed development are largely 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
provided comments in a memo dated June 5, 2009.
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(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.
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 also suggests 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.
The City of South Burlington Water Department has reviewed the plans and provided
comments in a letter dated February 11, 2009. The applicant shall adhere to the comments.
Where necessary, the plans shall be revised.
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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 in a previously approved 60 foot
right of way off of Dorset Street. The current standard is a 50 foot wide ROW for a local
street. The applicant may decrease the ROW width to 50 feet if they choose.
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. The applicant has been
working with the Director of Public Works towards a road design. The Director of Public
Works has issued a new set of comments dated June 11, 2009 in response to the latest
set of plans. Plan revisions are still necessary.
The City Engineer has reviewed the plans and provided comments in a memo dated
June 11, 2009.
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. The
applicant has proposed a note indicating they will seek signage for no parking. The
Development Review Board has no authority to limit parking on a public street, nor
would the Board support this request. The road does not need to be delineated for
parking, but shall remain 26 feet in width and shall be available to on -street parking. This
road will be a city street and it is the City Council's decision as to how they shall permit
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.
At the sketch plan review, the Board indicated that the applicant shall provide a sidewalk
along this private road. The plans do not indicate a sidewalk on this road.
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. Staff has consulted with the Recreation Path
Committee and recommends that the 20 foot wide easement which exists on private
property be discontinued.
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(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 has already discussed the need for revisions based on the comments of the
Director of Public Works, City Engineer, and Water Quality department.
(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 not yet been able to provide written
comments on the plans and will review the plans at the next level.
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 staff have found this to be impossible, per a
previous decision by the 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 Black Dog Drive.
(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 Black Dog Drive 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.
The Board has already addressed its concerns with the proposed easternmost private
drive.
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Again, the Director of Public Works has reviewed the plans and provided comments in a
memo dated June 11, 2009.
The Planning Commission approved Black Dog Drive as an acceptable street name for the
public street at its meeting on February 10, 2009. The private drive serving units 1-6 should
have a name. The applicant should propose a name to be approved by the Planning
Commission, who has stated they wish for the road details to be finalized before
considering names.
(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, the Board
recommends that covenants or deeds 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
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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
(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.
In the interest in adherence to this criterion, and in response to the direction of the DRB
at the sketch plan review, the plans should be revised to include sidewalks along the
private drive serving units 1-6.
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 should be revised to 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 shall be reviewed by 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.
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(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.
Staff has asked the Director of Public Works to review the plans and comment on the
proposed street lighting for the project.
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).
It appears that this criterion is being met based on the buildings shown on the site plan.
(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 not yet submitted building elevations. Only one elevation has been
submitted so it appears that this criterion is not being met and that all six duplexes
buildings (12 units) will be identical. The Board should review these and determine
whether this criterion is being met.
(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.
There is only one building (with two units) which fronts on a sidewalk. It is in compliance.
The Board has already noted that a sidewalk should be included for units 1-6. These too
shall be in compliance with this criterion.
(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.
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Based upon the building elevations are submitted, it does not appear that this criterion is
being met. The applicant has stated that the plans will be similar to the existing
development known as Water Tower Villas (the architectural drawings submitted indicate
this name).
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.
The applicant is proposing 2 single family dwellings (carriage homes) and 6 duplexes
(12 units). This is sufficient to meet this criterion.
This proposed subdivision is located in the southeast quadrant district. Therefore it is
subject to the provisions of Section 15.18(B).
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. The Board has already commented on the need for sidewalks along
the western private road for safe pedestrian movement.
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.
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.
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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.
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.
The Board has already noted that, pursuant to Section 15.13(E) of the South Burlington
Land Development Regulations, any new utility lines shall be underground.
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. The
applicant should submit a landscaping plan and itemized budget prior to final plat approval.
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DECISION
Motion by L �%� seconded b ka
� � Y
to approve Preliminary Plat Application #SD-09-05 of Wedgewood Development
Corporation, 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 plans shall be revised prior to final plat submittal as follows:
a. The plans shall be revised to provide elevations with the height of the
proposed buildings.
b. The plans shall be revised in accordance with the comments of the City
Stormwater Superintendent in his memo of 6/2/2009.
c. The plans shall be revised to adhere to the comments of the South
Burlington Water Department, per the memo dated 6/15/2009.
d. The plans shall be revised to include an access pathway from the end of
the private road to the Dorset Street recreation path.
e. The plans shall be revised to depict walkways from all residences to the
street or sidewalk, whichever is most adjacent.
f. The plans shall be revised to include a landscaping plan for units 1-12.
g. The plans shall be revised to adhere to the comments of the Director of
Public Works in a memo dated 6/11/2009.
h. The plans shall be revised to adhere to the comments of the City
Engineer in a memo dated 6/11/2009.
4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
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.
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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. The applicant shall obtain a Conditional Use Determination from the State of Vermont
demonstration permission to impact a Class II wetland, which shall be submitted with
the final plat submittal.
9. 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.
10. 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.
11. The applicant shall receive final wastewater allocation from the Director of Planning
and Zoning prior to issuance of the first zoning permit.
12. The applicant shall adhere to the comments of the Director of Public Works per the
memo dated June 11, 2009.
13. The applicant shall adhere to the comments of the City Engineer per the memo
dated June 11, 2009.
14. The applicant shall work with staff and the City's attorneys to dissolve the recreation
path easement along Dorset Street.
15. The South Burlington Fire Chief shall review all future sets of plans and provide
comments.
16. Prior to the final plat approval, the applicant shall coordinate with the city's E- 911
cogrdinator to determine street names and addresses.
17. The applicant shall provide covenants or association language that indicates that the
public road is 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 City Arborist shall review and approve of the street tree planting plan prior to
final plat approval.
19. The applicant shall provide a budget for the street trees and the site landscaping with
the final plat submittal.
20. The proposed buildings shall include common elements to appear unified, but
facades should be varied from one building to the next to avoid monotony.
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21. The building line of the garage must be set behind the building line of the house by a
minimum of eight feet. The applicant shall submit renderings showing this as part of
the final plat application.
22. The parking of RVs on site shall be prohibited.
Mark Behr -.Q/nay/abstain/not present
Matthew Birmingham - yea/nay/abstain/of present
John Dinklage - ea/nay/abstain no presen
Roger Farley - /nay/abstain/not present
Eric Knudsen - /nay/abstain/not present
Gayle Quimby - e /nay/abstain/not present
Motion carried by a vote of �-C> -0
Signed this IL day f J J rl 2009, by
Mark Behr, Vice 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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