HomeMy WebLinkAboutSD-04-43 - Decision - 1545 Hinesburg RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
JOHN LARKIN - MARCEAU MEADOWS - PLANNED UNIT DEVELOPMENT
FINAL PLAT APPLICATION #SD-04-43
FINDINGS of FACT AND DECISION
John Larkin, hereafter referred to as the "applicant', is seeking final plat approval for a planned
unit development consisting of: 1) the transfer of density from 31.25 acres of adjoining land to
the project site, 2) the transfer of density of 12 units from the property at 250 Van Sicklen Road
to the project site, and 3) developing the 61.2 acre project site into 51 single family lots and 71
multi -family residential units, 1539 Hinesburg Road. The South Burlington Development Review
Board held a public hearing on July 6, 2004. Lance Llewellyn 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:
1. The applicant is requesting final plat approval for a planned unit development consisting
of: 1) the transfer of density from 31.25 acres of adjoining land to the project site, 2) the
transfer of density of 12 units from the property at 250 Van Sicklen Road to the project
site, and 3) developing the 61.2 acre project site into 51 single family lots and 71 multi-
family residential units, 1539 Hinesburg Road.
2. The owner of record of the project site is John Larkin.
3. The subject property contains 103 acres and is located in the South East Quadrant. Part of
the property also lies within the Dorset Park Scenic View Protection Overlay District Zone C.
4. The plans consist of thirty-one (31) sheets, Page one (1) entitled, "Marceau Meadows
Residential Subdivision South Burlington, Vermont', prepared by Llewellyn -Howley, Inc., dated
October 2003, last revised on 11/7/03.
- 1 -
Table 1. Dimensional Requirements
SEQ Zoning District
Required
Pro osed
Max. Density
1.2 units/acre
1.2 units/acre
Max. Building Coverage
15%
10.1 %
Max. Total Coverage
30%
23.1 %
Min. Front Setback
20 ft.
>30 ft.
Min. Side Setback
10 ft. (single)
20 ft.(multi)—>20
>10 ft.
ft.
Min. Rear Setback
30 ft.
>30 ft.
Max. BuildingHei ht
40 ft.
25 ft.
zoning compliance
Lot Size: The minimum lot size in the SEQ is 12,000 square for single-family dwelling units and
40,000 square feet for multi -family dwelling units. All of the lots in the proposed development are
in compliance with the minimum lot size requirements, as outlined in Table C-2 of the Land
Development Regulations.
PLANNED UNIT DEVELOPMENT STANDARDS
Sufficient water supply and wastewater disposal capacity is available to meet the needs of
the project.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the
existing public utility system shall be extended to provide the necessary quantity of water, at an
acceptable pressure, to the proposed additional dwelling units.
In letters from the South Burlington Water Department dated June 9, 2004 and June 26, 2004,
Jay Nadeau stated that the City does not have sufficient water storage for any new project
requiring more than 1,000 GPD in this service area until such time as the Dorset Street tank
project, now underway, is completed. These two (2) letters from Jay Nadeau provided additional
comments resulting from his review of the project.
According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider
or developer shall connect to the public sewer system or provide a community wastewater system
approved by the City and the State in any subdivision where off -lot wastewater is proposed.
The proposed project will be connected to the public sewer system. The City Engineer has
reviewed the plans that depict the sewer lines and connection. He provided comments from his
review in a memorandum dated June 24, 2004.
-2-
Sufficient grading and erosion controls will be utilized during and after construction to
prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the
subject property and adjacent properties.
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 project incorporates access, circulation, and traffic management strategies sufficient
to prevent unreasonable congestion of adjacent roads.
Access to the project is proposed via a 32' wide pubic roadway, within an 80' wide right-of-way,
extending off of Hinesburg Road and connecting to the westerly property boundary. This will
serve as the main roadway for the project and will also serve as a portion of the connection of
Old Cross Road to Van Sicklen Road. Three (3) of the roadways that will serve this project are
public roadways that are 30' wide in 60' wide rights -of -way. All of the proposed public roadways
will be built to public roadway standards, as outlined in Section 15.12(E) of the Land
Development Regulations. Buildings V, W, and X will be served by a 24' wide private drive
extending off of the main roadway. In addition, there is a 30' wide right-of-way between lots # 7
and 8 to facilitate access to an existing two (2) acre lot owned by Michael Marceau.
Circulation on the site is adequate. There are currently two (2) points of ingress and egress
proposed, and there are adequate rights -of -way to facilitate three (3) additional points of
ingress and egress in the future (one connecting to Old Cross Road, one connecting to the
Cider Mill development, and one connecting to the property to the south).
The traffic impacts of the proposed development were incorporated into a Traffic Study
completed by Resource Systems Group, Inc. This study, dated January 15, 2003 (attached),
analyzed the traffic impacts of this project and the Cider Mill project (approved August 19,
2003), under the assumption that the two (2) projects will be connected. The study suggests
that a northbound right-hand turn lane and a southbound left hand turn lane should be
constructed on Hinesburg Road, at the intersection of Van Sicklen Road, in conjunction with
this project . In addition, the applicant will be responsible for conducting 12 hour traffic counts at
the intersection of Hinesburg Road and Van Sicklen Road prior to issuance of the first zoning
permit and prior to issuance of the last zoning permit. Finally, the applicant will split the cost of a
scoping study for the intersection of Hinesburg Road and Van Sicken Road with the City. At
this point, Old Cross Road will not be constructed through to Dorset Street, so no additional
traffic mitigation measures are required for the proposed project. If and when the connection to
Dorset Street is made, the City will construct and necessary traffic mitigation measures on Old
Cross Road.
The project's design respects and will provide suitable protection to wetlands, streams,
wildlife habitat as identified in the Open Space Strategy, and any unique natural features
on the site.
The subject property contains Class II and Class III wetlands. There is no development proposed
in either of the Class II wetlands or their respective 50' buffers. However, single-family lots # 9-15,
21-23, and 35-41, and multi -family buildings N, O, and P will encroach into Class ill wetlands
-3-
and/or their respective 50' buffers. Cathy O'Brien submitted a report analyzing the impacts of the
proposed development to these wetlands. The Natural Resource Committee reviewed the
proposed project on September 17, 2002 and recommended approval of the preliminary plat
plans with the following conditions:
1. The applicant shall revise the landscape plan to show additional landscaping with trees
and shrubs to denote single-family property lines and wetland buffers.
2. The applicant shall record a legal document, approved by the City Attorney, which clearly
states that the use of pesticides on multi -family lots, single-family lots, and open space lots
is prohibited.
3. The Natural Resources Committee recommends that the DRB require further investigation
of the visual impacts of Lots #5-7, on the historic character and integrity of a historic
property listed in the State Register of Historic Places, 1475 Hinesburg Road.
4. Any changes to the plat plan which show additional encroachment into wetlands or
wetland buffers shall require review by the Natural Resources Committee.
The applicant has proposed approximately $25,000 worth of wetland buffer plantings using
appropriate species. The proposed wetland buffer plantings are adequate. However, some
additional wetland buffer plantings should be added behind Building A, where the main roadway
meets Adirondack Street. In addition, a short (3' — 4') fence made of natural materials (such as a
split rail wooden fence or a hedge row) be added behind Buildings B-F to clearly delineate the
wetland buffer. Chain link or other impermeable fencing is nQt recommended.
The applicant will prohibit the application of pesticides in any wetlands or wetland buffers through
the homeowners association documents.
The applicant has not proposed any additional wetland or wetland buffer encroachments sine the
NRC's review of this project.
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.
According to Section 9.01 of the South Burlington Land Development Regulations, the purpose of
the Southeast Quadrant District (SEQ) is to encourage open spare preservation, scenic view
and natural resource protection, wildlife habitat preservation, continued agricultural use, and
well planned residential use in the largely undeveloped area of the City known as the
Southeast Quadrant. The open character and scenic views offered in this area have long been
recognized as very special and unique resources in the City and worthy of protection. The
location and clustering of buildings and lots in a manner that in the judgment of the
Development Review Board will best preserve the open space character of this area shall be
encouraged.
The proposed development plan is in conformance with the stated purpose of the SEQ. The
buildings are clustered in a manner that will preserve open space of the subject property. The
most significant open space area on this property is a 31.25 acre parcel to the south of the
proposed development. In addition, the buildings have been clustered to minimize the wetland
impacts of the proposed project and therefore create additional open space throughout the
project. Finally, there is no additional development proposed in the 500' wide and 400' wide
open space/scenic corridors along the easterly property boundary.
Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and/or
stream buffer areas.
The buildings are clustered in a manner that will preserve open space of the subject property.
The most significant open space area on this property is a 31.25 acre parcel to the south of the
proposed development. In addition, the buildings have been clustered to minimize the wetland
impacts of the proposed project and therefore create additional open space throughout the
project. Finally, there is no additional development proposed in the 500' wide and 400' wide
open space/scenic corridors along the easterly property boundary.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to
ensure that adequate fire protection can be provided.
The South Burlington Fire Chief reviewed the final plat plans and provided comments in a letter
dated July 1, 2004.
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and
lighting have been designed in a manner that is compatible with the extension of such
services and infrastructure to adjacent landowners.
The proposed project incorporates an 8' wide recreation path along the main roadway serving the
project, which was approved by the Recreation Path Committee on June 3, 2002. The three (3)
public roadways serving this project are lined with 5' wide sidewalks. All of the proposed public
roadways will be constructed to public road specifications. The main roadway serving the project
will be constructed in an 80' wide right-of-way, which will facilitate the future construction of the
roadway through the Old Cross Road. The City Engineer reviewed the plans and provided
comments in a memorandum dated June 24, 2004. He had a number of minor concerns
regarding the proposed infrastructure and service, which shall be addressed by the applicant.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new
utility lines shall be underground.
The applicant submitted exterior lighting details (cut -sheets) that are in compliance with Appendix
D of the Land Development Regulations. They can be found on Sheet L-3 of the plans. The
proposed street lights are not adequate for this property. The street lights used in the Vermont
National Country Club development shall be used for this project.
The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
-5-
The proposed project is consistent with the South Burlington Comprehensive Plan and the South
Burlington Land Development Regulations.
SITE PLAN REVIEW STANDARDS
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 site provides for adequate planting and safe pedestrian movement.
According to Table 13-1 of the South Burlington Land Development Regulations, the proposed
project will require 262 parking spaces (2 parking spaces per dwelling unit plus 1 parking space
for every 4 multi -family dwelling unit). The parking requirement for the proposed project is met
through the parking spaces provided by the garages and driveways of the dwelling units.
In compliance with Section 13.01(G)(5) of the Land Development Regulations, bicycle racks are
depicted on the plans.
Parking shall be located to the rear or sides of buildings to the greatest extent practicable.
All of the proposed parking is located in the garages and driveways of the dwelling units.
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 maximum height for buildings with a pitched roof is 40' from average pre -construction grade.
The applicant is proposing maximum building heights of 40', which is in compliance with Section
3.07(D) of the Land development Regulations.
The applicant is proposing to create lots in the Dorset Park Scenic View Protection Overlay
District, Zone C. A condition of the preliminary approval was that the applicant submits
information regarding the allowable maximum building height on these lots, pursuant to Section
10.03(G) of the Land Development Regulations. The applicant submitted a table that outlines the
maximum building height for each of the lots that falls within this Scenic View Overlay 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.
M
The ®RE 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.
This criterion is being met.
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.
This criterion is being met.
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 applicant is providing a 60' wide right-of-way to the property to southwest of the subject
property (currently approved for 149 units known as Cider Mill), which will facilitate a future
connection between the two (2) developments. In addition, the applicant is providing a 60' wide
right-of-way to facilitate a future connection to the property to the south.
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.
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).
The plans do not depict any dumpsters on the subject property. The single-family lots will not use
any dumpsters, but the multi -family dwelling may. If dumpsters are proposed for the multi -family
units, they should be clearly depicted on the plans and adequately screened.
Landscaping and Screening Requirements
Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and
screening shall be required for all uses subject to site plan and PUD review. According to the
-7-
applicant, the proposed project will cost approximately $8,500,000. Based on this number, and in
accordance with Table 13-9 of the South Burlington Land Development Regulations, the minimum
landscaping requirement is $92,500. The applicant has submitted a landscape plan and budget
(attached) prepared by Michael Lawrence Associates, which are in compliance with Section 13.06
of the Land Development Regulations. The landscape budget indicates that $104,535 worth of
new landscaping will be planted on the site, which meets the minimum requirements. In addition,
the applicant is proposing an additional $67,000 worth of street tree landscaping. As discussed
above, supplemental wetland buffer plantings need to be added at the southern side of the Old
Cross Road/Adirondack intersection.
Pursuant to Section 13.06(C)(1) of the South Burlington Land Development Regulations, any
dumpsters and utility cabinets on the site should be effectively screened to the approval of the
Development Review Board.
The plans do not depict any dumpsters on the subject property. Any proposed dumpsters shall
be adequately screened.
The City Arborist reviewed the final plat plans and provided comments in a letter dated June 29,
2004.
Restricted Areas
There is no additional development proposed in the 500' wide and 400' wide open space/scenic
corridors along the easterly property boundary, which are delineated as restricted areas" on the
Official Southeast Quadrant Zoning Map. In addition, there is no development proposed in the
"restricted area" in the southeasterly corner of the subject property, as depicted on the Official
Southeast Quadrant Zoning Map. There is, however, development proposed in the "restricted
area" that extends from the western to the eastern property boundaries. This "restricted area"
was identified to reserve the land to complete the construction of Old Cross Road through to
Hinesburg Road. The proposed roadway serving this project, which extends from Hinesburg
Road to the western property boundary, will serve as the roadway that this "restricted area" was
intended to facilitate. Therefore, this "restricted area" is not necessary. The applicant is
proposing to create twenty-three (23) lots within this "restricted area" and staff supports the
location of these lots.
Street Names
The plans shall be revised to rename the main roadway serving this project, which is now labelec
as Old Cross Road, with a name approved by the Planning Commission, prior to recording of the
final plat plans.
The plans shall be revised to label the private drive serving Buildings V, W, and X with a name
approved by the Planning Commission, prior to recording the final plat plans.
E911 Addresses
The applicant has submitted addresses which are in conformance with E911 addressing
standards for all of the proposed lots and units except for Buildings V, W, and X. These buildings
W-40
are addressed based on the main roadway serving this project being called Old Cross Road,
which will not be the case. In addition, these units will be served by a separate private drive, so
the buildings should be addressed accordingly.
Other
The applicant shall pay all applicable impact fees prior to issuance of the zoning permit for each
unit.
Pursuant to Section 15.08 (D) of the South Burlington Land Development Regulations, the
applicant shall submit homeowner's association legal documents prior to the issuance of the
first zoning permit. The documents that include language that:
a. ensures that the garages will not be converted to living space;
b. prohibits the storage and parking of recreational vehicles within the development;
c. prohibits clearing of land, disturbance of land, or application of pesticides within
wetlands or wetland buffers;
d. ensures that the association shall assume all maintenance responsibilities for the
sewage pumping station;
AND
e. ensures that the association shall assume all maintenance responsibilities for the
stormwater drainage facilities until such time as a future City stormwater utility accepts
the stormwater infrastructure.
Pursuant to Section 15.17 of the South Burlington Land Development Regulations, prior to
issuance of the first zoning permit or start of utility or road construction, the applicant shall
submit all appropriate legal documents including easements (e.g. irrevocable offer of dedication
and warranty deed for proposed public roads, utility, sewer, drainage, water, and recreation
paths, etc.) to the City Attorney for approval and recorded in the South Burlington Land
Records.
Prior to the start of construction of the improvements described in condition #25 above, the
applicant shall post a bond which covers the cost of said improvements.
Pursuant to Section 15.14(E)(2) of the South Burlington Land Development Regulations, within
14 days of the 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.
The plans shall be revised to address the concerns of the Director of Public Works, as outlined in
his memorandum dated June 29, 2004, prior to recording of the final plat plans.
Motion by Mark Boucher, seconded by Roger Farley, to approve Final Plat Application #SD-04-
43 of John Larkin, 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 plans submitted by the applicant, as
amended by this decision, and on file in the South Burlington Department of Planning & Zoning.
3. The plat plans shall be revised to show the following changes and shall require approval from
the Administrative Officer. Four (4) copies of the approved revised plat plans shall be submitted
to the Administrative Officer prior to recording:
a) The plans shall be revised to comply with the requests of the South Burlington Water
Department, as outlined in letters from Jay Nadeau, dated June 9, 2004 and June 26,
2004. In addition, the plans shall be revised to comply with any additional request of
the South Burlington Water Department, as presented at the meeting on July 6, 2004.
b) The plans shall be revised to comply with the requests of the South Burlington Fire
Chief, as outlined in his letters dated June 1, 2004.
c) The plans shall be revised to comply with the requests of the City Engineer, as
outlined in his memorandum dated June 24, 2004.
d) The landscaping plans shall be revised to comply with the requests of the City Arborist,
as outlined in his letter dated June 29, 2004.
e) The plans shall be revised to address the concerns of the Director of Public Works, as
outlined in his memorandum dated June 29, 2004.
f) The plans shall be revised to clearly depict roadway improvements at the Hinesburg
Road, Van Sicklen Road, and Meadowlark Drive intersection as agreed upon by the
City, State, and developer. These revisions shall be approved by the Director of
Public Works and shall be submitted to the Planning and Zoning Office prior to
issuance of the first zoning permit. These improvments shall be constructed by the
applicant before issuance of a zoning permit for the 60th dwelling unit.
g) The landscaping plans shall be revised to depict additional wetland buffer plantings
behind Building A, where the main roadway meets Adirondack Street and additional
plantings at the northwest corner of the project site between Butler Farms property and
the Meadowlark Road right-of-way.
-10-
h) The landscaping plans shall be revised to depict a fence made of natural materials
(such as a split rail wooden fence or a hedge row) behind Buildings B-F, to clearly
delineate the wetland buffer.
i) The plans shall be revised to depict the 8' wide paved recreation path extended from
the westerly property boundary to the existing terminus of the recreation path on Old
Cross Road.
j) The plans and street light details (cut -sheets) shall be revised to indicate that the street
lights used in the Vermont National Country Club development are to be used for this
project.
k) The plans shall be revised to rename the main roadway serving this project, which is
now labeled as Old Cross Road, with a name approved by the Planning Commission.
1) The plans shall be revised to label the private drive serving Buildings V, W, and X with
a name approved by the Planning Commission.
m) The plans shall be revised to label Buildings V, W, and X with updated E911
addresses in conformance with the E911 addressing standards.
4. The applicant shall comply with the requests of the South Burlington Fire Chief, as outlined in
his letters dated June 1, 2004.
5. Occupancy of the units shall not take place until additional water storage is built in the City that
would supply this high-pressure zone (i.e. the Dorset Street tank) and the applicant has obtained
water allocation from the South Burlington Water Department.
6. 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.
7. The applicant is not responsible for the construction of the roadway connecting the subject
property to the property to the southwest (Cider Mill); however, a 60' wide right -way shall be
dedicated to the City to facilitate a future connection all the way to the Cider Mill property.
8. The applicant shall conduct a 12 hour traffic count at the intersection of Hinesburg Road and
Van Sicklen Road prior to issuance of the first zoning permit and prior to issuance of the last
zoning permit.
9. The applicant shall pay half the cost (50/50%) of a scoping study for the intersection of
Hinesburg Road and Van Sicken Road with the City, if the City initiates this scoping study within
three (3) years of the date of this approval.
10. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any
new utility lines shall be underground.
- 11 -
11. If dumpsters are proposed on the subject property, they shall be clearly depicted on the plans
and adequately screened, prior to recording of the final plat plans.
12. The applicant shall post a $67,000 landscape bond for street trees prior to the start of road
construction and a $92,500 landscape bond for the remainder of the landscaping prior to the
issuance of the first zoning permit. These bonds shall remain in effect for three (3) years to
assure that the landscaping has taken root and has a good chance of surviving.
13. The DRB approves the creation of lots #1, 15-17, 28-41, and 47-51, in the "restricted area",
as depicted on the Official Southeast Quadrant Zoning Map.
14. Pursuant to Section 15..08 (D) of the South Burlington Land Development Regulations, the
applicant shall submit homeowner's association legal documents approved by the City Attorney
prior to the issuance of the first zoning permit. The documents shall include language that:
a. ensures that the garages will not be converted to living space;
b. prohibits the storage and parking of recreational vehicles within the development;
c. prohibits clearing of land, disturbance of land, or application of pesticides within
wetlands or wetland buffers;
d. ensures that the association shall assume all maintenance responsibilities for the
sewage pumping station;
e. ensures that the association shall assume all maintenance responsibilities for the
stormwater drainage facilities until such time as a future City stormwater utility accepts
the stormwater infrastructure.
s
f. advises residents that there are potential agricultural hazards associated with the
agricultural use of the adjacent property.
15. Garages in multi -family dwellings shall not be converted to living space.
16. The storage & parking of recreational vehicles within the development is prohibited.
17. The clearing of land, disturbance of land, or application of pesticides within wetlands or
wetland buffers is prohibited.
18. The homeowners association shall assume all maintenance responsibilities for the sewage
pumping station.
19. The association shall assume all maintenance responsibilities for the stormwater drainage
facilities until such time as a future City stormwater utility accepts the stormwater infrastructure.
20. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, prior to
issuance of the first zoning permit or start of utility or road construction, the applicant shall
submit all appropriate legal documents including easements (e.g. irrevocable offer of dedication
-12-
and warranty deed for proposed public roads, utility, sewer, drainage, water, and recreation
paths, etc.) to the City Attorney for approval and recorded in the South Burlington Land
Records.
21. Prior to the start of construction of the improvements described in condition #20 (roads,
utilities, etc.) above, the applicant shall post a bond which covers the cost of said
improvements.
22. Pursuant to Section 15.14(E)(2) of the South Burlington Land Development Regulations,
within 14 days of the 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.
23. Prior to recording the final plat plans, the applicant shall record a "Density Dedication
Easement and Transfer of Development Rights to Benefited Property" document, which has
been approved by the City Attorney, for the two (2) density transfers approved.
24. Pursuant to Section 15.17 of the Land Development Regulations, the applicant shall
submit, prior to recording the final plat plans, a Certificate of Title showing the ownership of all
property and easements to be dedicated or acquired by the City, which shall be approved by
the City Attorney.
25. Any change to the final plat plans shall require approval of the South Burlington
Development Review Board.
26. The final plat plans (sheets 3-6 and survey plat sheets 23-26) shall be recorded in the land
records within 90 days or this approval is null and void. The plans shall be signed by the Board
Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant shall
submit a copy of the survey plats in digital format. The format of the digital information shall
require approval of the Director of Planning and Zoning.
Chuck Bolton - ye nay/abstain/not present
Mark Boucher yea nay/abstain/not present
John Dinklage - ea nay/abstain/not present
Roger Farley y nay/abstain/not present
Michele Kupers ith - ye'Anna abstain/not present
Larry Kupferman - ye na abstain/not present
Gayle Quimby - yea/nay abstain of presen
Motion Carried by a vote of 4-2-0
Signed this J_ day of July, 2004 by
John Dinklage, Chair
-13-
Please note: You have the right to appeal this decision to the Vermont Environmental Court,
pursuant to 24 VSA 4471 and VRCP 76 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).
EM