HomeMy WebLinkAboutAgenda 10_SP-20-029_510 Shelburne St_Champlain Oil_SC#SP‐20‐029
Staff Comments
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CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SP‐20‐029_510 Shelburne St_Champlain Oil_2020‐08‐
04.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: July 29, 2020
Plans received: July 8, 2020
510 Shelburne Road
Site Plan Application #SD‐20‐029
Meeting date: August 4, 2020
Owner
Champlain Oil Co, LLC & Bacon Street Properties, LLC
45 San Remo Drive
South Burlington, VT 05403
Applicant
Bacon Street Properties, LLC
45 San Remo Drive
South Burlington, VT 05403
Property Information
Tax Parcel 1540‐00510 & Tax Parcel 0090‐00017
Commercial 1‐Residential 15 Zoning District
Traffic Overlay District, Urban Design Overlay District
0.48 acres and 0.2 acres
Engineer
Trudell Consulting Engineers
478 Blair Park Road
Williston, VT 05495
Location Map
PROJECT DESCRIPTION
Site plan application #SP‐20‐029 of Champlain Oil Company, LLC to construct a two and a half story
building of 13,818 sf to be used as a bank, restaurant and general office, 510 Shelburne St.
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PERMIT HISTORY
The Project is located in the Commercial 1‐Residential 15 (C1‐R15) Zoning District. It is also located in
the Transit Overlay District, Traffic Overlay District and the Urban Design Overlay District.
The Development Review Board held a sketch plan meeting for the project on April 21, 2020.
CONTEXT
The project will be subject to subdivision standards, site plan standards, Urban Design Overlay
Standards, Traffic Overlay Standards, Transit Overlay Standards. The existing parcels are both non‐
conforming in terms of lot coverage and use.
The applicant has concurrently applied for site plan review of a project to construct a building on the site
under application #SP‐20‐029. That will be discussed on August 4, 2020 concurrently with this
application.
COMMENTS
Development Review Planner Marla Keene and Director of Planning and Zoning Paul Conner (“Staff”)
have reviewed the plans submitted on 7/8/2020 and offer the following comments. Numbered items for
the Board’s attention are in red.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Setbacks, Coverages & Lot Dimensions
C1‐R15 Zoning District Required Existing1 Proposed
X Min. Lot Size, non‐residential use 40,000 SF 29,700 sf 29,700 sf
Max. Building Height 5 stories 1 story 3 stories
Max. Building Coverage 40% 6.6% 16.6%
X Max. Overall Coverage 70% 86.7% 79.5%
X Max. Front Setback Coverage, Shelburne St 30% 98.6% 44.3%
X Max. Front Setback Coverage, Bacon St 30% 64.7% 79.1%
Min. Front Setback, Shelburne St2 20 ft. 52 ft. 20 ft.
X Min. Front Setback, Bacon St3 20 ft. 20 ft. 20 ft.
Min. Side Setback 10 ft. 67 ft. 28 ft.
Min. Rear Setback 30 ft. N/A N/A
1. Existing values were provided for both lots combined.
2. Project is in urban design overlay district which has a minimum front setback of 20 ft. If the project
were not in the urban design overlay district, the standard setback in C1‐R15 would be 30 ft.
3. At sketch the applicant indicated they would request the Board consider Bacon Street as part of
the Urban Design Overlay district, and the Board agreed. The urban design overlay district allows
a 20‐ft setback, but requires a principal entry and 40% glazing. Staff has accordingly included the
Bacon Street façade in the discussion of urban design overlay standards below.
Zoning compliance
X does not meet requirement, see discussion below
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1. The applicant is proposing to consolidate the two existing lots into one lot under concurrent subdivision
application SD‐20‐24. If approved, the subdivision will reduce the existing nonconformity. The
proposed uses of the combined lots are allowed. Staff recommends the Board consider the project a
reduction in nonconformity and allow the nonconforming lot to be developed with nonresidential use.
The applicant is requesting that the Board allow waiver of the maximum lot coverage and front
setback coverage requirements. At sketch the applicant thought they would be able to meet lot
coverage requirements. The applicant is reducing overall lot coverage from 86.7% to 79.5%, and is
reducing front setback coverage from 98.6% to 44.3% on Shelburne Street.
2. Staff recommends the Board allow the proposed overall coverage and front setback coverage on
Shelburne Street as a reduction of an existing nonconformity.
The applicant is proposing to increase front setback coverage on Bacon Street from 64.7% to 79.1%.
Staff considers this an expansion of an existing nonconformity, and recommends the Board require
the applicant to at least meet front setback coverage along Bacon Street, if not reduce it to the
maximum value of 30%.
Discussed elsewhere in the document, the project proposes one parking space to the front of the
building and fails to meet parking lot screening requirements. Staff considers these deficiencies can
be addressed at the same time as the front setback coverage by removing the two northern parking
spaces located in the center of the parking lot, and the northeastern most parking space, shifting the
drive aisle south, and adding green space at the northern property boundary. While no minimum
parking is required, if the applicant feels their project requires all of the proposed parking spaces,
Staff considers it would be feasible to add three on‐street parallel parking spaces on Bacon Street east
of the project driveway. These parking spaces would need to meet curbing requirements and be
reviewed by the Department of Public Works but Staff has no concerns about their ability to meet City
design requirements. The City Arborist reviewed the plans on 7/28/2020 and noted the white pine
tree within the Bacon Street ROW is declining and is starting to become a risk and should be removed.
He considers the island, or the modified island if shifted on the property, provides enough space for
three trees to be planted.
3. Staff recommends the Board require the applicant to reduce front setback coverage on Bacon Street
compared to existing conditions. If the applicant does not plan to do this by taking the above‐described
approach, Staff recommends the Board require the applicant to describe their proposed alternative
approach.
Commercial 1‐Residential 15 District (C1‐R15)
The purpose of the C1 district is, in part, to encourage general retail and office uses in a manner that serves
as or enhances a compact central business area. Applicable supplemental standards within this district
follow. The remaining supplemental standards are not applicable.
A. Development according to commercial district regulations and multifamily development at the
residential density specified for the applicable district shall be subject to site plan review, as set forth in
Article 14, the purpose of which shall be to encourage innovation of design and layout, encourage more
efficient use of land for commercial development, promote mixed‐use development and shared parking
opportunities, reduce stormwater runoff and maximize infiltration, provide coordinated access to and
from commercial developments via public roadways, and maintain service levels on public roadways
with a minimum of publicly financed roadway improvements.
This project is being reviewed as a site plan.
B. Multiple structures, multiple uses within structures, and multiple uses on a subject site may be
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allowed, if the Development Review Board determines that the subject site has sufficient frontage, lot
size, and lot depth. Area requirements and frontage needs may be met by the consolidation of
contiguous lots under separate ownership. Construction of a new public street may serve as the
minimum frontage needs. Where multiple structures are proposed, maximum lot coverage shall be the
normal maximum for the applicable district.
Only one structure is proposed. Multiple uses are proposed.
Urban Design Overlay District
(1) Entries. Buildings on subject properties must have at least one entry facing the primary road
in the corridor. Any such entry shall:
(a) Be an operable entrance, as defined in these Regulations.
(b) Serve, architecturally, as a principal entry. Front entries shall be a focal point of the front
façade and shall be an easily recognizable feature of the building. Possibilities include accenting
front entries with features such as awnings, porticos, overhangs, recesses/projections,
decorative front doors and side lights, or emphasis through varied color or special materials.
This requirement does not preclude additional principal entry doors.
(c) Shall have a direct, separate walkway to the primary road. This walkway shall be at
least eight (8) feet in width and may meander for design purposes, but must serve as a
pedestrian‐oriented access.
The applicant has submitted architectural renderings in support of this application.
Shelburne Street
There are three entries facing the Shelburne Street, two of which are principal entries with awnings. A
third central window has the same size and shape as the principal entries and could presumably be
converted to a principal entry at a later time should uses in the building evolve over time.
4. Neither entry has a direct sidewalk to Shelburne Road. However, the building is bracketed by sidewalks
which could provide nearly‐direct access for pedestrians from the north or south. Staff recommends
the Board review the site plan to determine if they consider the proposed sidewalks as adequately
meeting 10.06D(1)(c) above.
5. Staff notes on the architectural plans that there appears to be landscaping obscuring the principal
entries on Shelburne Street, and recommends the Board discuss whether the renderings are accurate,
and if so, that the Board require the applicant to reconfigure the landscaping to allow the principal
entry to read as such from Shelburne Street.
Bacon Street
There is one entry facing Bacon Street, which is demarcated with an awning. No direct sidewalk is
provided to Bacon Street, but there is no sidewalk on the south side of Bacon Street adjacent to the
property. Instead, a sidewalk to Shelburne Street is provided.
6. Staff recommends the Board review the site plan to determine if they consider the proposed sidewalk
adequately meets 10.06D(1)(c) above.
(2) Glazing. Windows are key to the overall design of a building and the relationship between
its exterior and interior.
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(a) For all properties in the Urban Overlay District, a minimum of 75% of glazing shall be
transparent.
7. Staff recommends the Board ask the applicant to describe which, if any, glazing facing Shelburne
Road will not be transparent. If any will not be transparent, Staff recommends the Board require
the applicant to provide a calculation demonstrating compliance with this criterion as a condition
of approval.
(b) In non‐residential uses, first story glazing shall have a minimum height of 7 vertical feet.
Nearly all glazing is more than 7‐ft high. Staff considers 10.06D(3) below to require 40% glazing.
The applicant has provided 59% glazing. Staff considers the glazing that is less than 7‐ft high to
be in excess of the 40% minimum and therefore considers this criterion to be met.
(c) N/A
(3) Dimensional Standards: First stories shall have a minimum of 40% glazing across the width
of the building façade, and must be setback a minimum of 20‐feet from the ROW.
As noted above, the applicant has represented in their renderings that the principal façade facing
Shelburne Road will have 59% glazing. The building will be set back exactly 20‐ft from the ROW.
Staff considers this criterion met.
(4) Building Stories, Heights, and Rooftop Apparatus.
(a) Minimum stories of buildings within the Urban Design Overlay District are defined as
per Article 2‐ Definitions and Section 8.06(F)(1) of these Regulations.
There are no minimum stories for this property; minimum stories only apply to nodes within the urban
design overlay district. The building is proposed to be three stories, including a step back and upper story
open space. Staff considers this configuration to be furthering the active street presence goals of the
Urban Design Overlay District.
(b) Section 8.06(G) of these regulations shall apply to rooftop elements of buildings within
the Urban Design Overlay District.
8.06(G) requires rooftop mechanical equipment and appurtenances to be no greater than 20% of the area
of the upper‐most story or 200 square feet, whichever is greater, and limits the maximum height to 14‐
feet above the maximum height of the building. Rooftop features in excess of one foot in height shall be
enclosed by outer building walls or parapets, grouped and screened, or themselves designed so that they
are balanced and integrated with respect to the design and materials of the building.
8. The applicant is proposing a 2‐ft high elevator tower that has a size of less than 200 square feet. It
appears to be proposed to be finished in black metal sheathing. Staff recommends the Board require
the applicant to either screen the elevator tower or finish it in a material complimentary to the
remainder of the building.
(5) Landscaping. Projects within the Urban Design Overlay District shall meet minimum
landscaping requirements as per Section 13.06 of these Regulations. Projects are also subject to the
following supplemental standards:
(a) Landscaping which is required elsewhere in these Regulations to serve as a buffer
between properties shall not count towards the minimum landscaping budget.
No landscaping buffers are required. The property abuts a multifamily residential use, but LDR
13.06C only requires buffering where a commercial use abuts residential districts, not residential
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uses within a commercial district.
(b) For lots with buildings which are set back 50 or more feet from the front lot line, at least
50% of the required landscaping shall be installed between the front building line and the front
lot line.
Not applicable. The building is set back approximately 20 feet from the ROW.
10.02 TRAFFIC OVERLAY DISTRICT
The project is located in the traffic overlay district Zone 1, which allows 15 trips per 40,000 sf, or 11 trips
for this property. The applicant estimates the property will generate 109 PM peak hour trips. The
previous use, a service station, was approved for 8 fueling positions. The applicant has provided a
Traffic Summary Memo which estimates the previously approved traffic generation was 112 trips.
The applicant’s Traffic Summary memo provides a brief analysis of traffic impacts of the proposed curb
cut modifications.
9. Since the applicant is not proposing to exceed the previously‐approved traffic generation, no
additional mitigation is required. Staff recommends the Board confirm they do not wish to invoke
technical review of the applicant’s Traffic Summary Memo.
SITE PLAN REVIEW STANDARDS
14.06 General Standards
A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due
attention by the applicant should be given to the goals and objectives and the stated land use policies
for the City of South Burlington as set forth in the Comprehensive Plan.
The project is located in the Southwest Quadrant. Southwest Quadrant objectives supported by this
project include the promotion of higher‐density, mixed use development and redevelopment along
Shelburne Road (Objective 54), and maintenance of Shelburne Road as a roadway for both regional and
local circulation (Objective 55). Staff considers the project enhances the street presence of Shelburne
Street by replacing a one‐story service station that was set back 50‐feet from the ROW with a three‐story
mixed‐use building set back only 20‐feet from the ROW. Staff considers this criterion to be met.
B. Relationship of Proposed Structures to the Site.
(1) 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.
Staff considers the architectural renderings showing the proposed appearance from Shelburne Road
in the context of the property to the north side of Bacon Street demonstrates that the project
provides a desirable transition. This project complements and reinforces the building line
established by both the building on the north side of Bacon Street and the Pizzagalli building to its
north, and is complementary to the 4‐sotry Bacon Street lofts and other buildings on Farrell Street
and Bacon Street to the east
The applicant has proposed 30 parking spaces. There are no parking minimums for the proposed uses.
Staff considers the prevalence of parking areas in adjacent shopping centers, and the high walkability
of the property, indicate adequate parking is proposed.
Staff considers the other elements of this criterion generally met. Details are discussed elsewhere in
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this document.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a
public street shall be considered a front side of a building for the purposes of this subsection.
(b) The Development Review Board may approve parking between a public street and one
or more buildings if the Board finds that one or more of the following criteria are met. The Board
shall approve only the minimum necessary to overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of the Americans with
Disabilities Act
(ii) N/A
(ii) The lot has unique site conditions, such as a utility easement or unstable soils, that
allow for parking, but not a building, to be located adjacent to the public street;
(iii) The lot contains one or more existing buildings that are to be re‐used and parking
needs cannot be accommodated to the rear and sides of the existing building(s);
10. Parking is located to the side and rear with the exception of one space at the northeast corner of
the lot. Staff considers none of the above exceptions apply to the parking space, and recommends
the Board require the applicant to remove the prohibited parking space. This modification will
also support the reduction in front setback coverage discussed above.
The applicant is proposing to formalize three parallel parking spaces on Bacon Street within the
public ROW. This area currently operates as part of the site. Staff considers the proposed
modification to represent a significant improvement to traffic circulation and recommends the
Board accept the applicant’s proposed modifications. However, the proposed parallel parking
spaces are 10‐ft wide as shown, while standard parallel parking spaces are only 8‐ft wide.
11. Staff recommends the Board require the applicant to reduce the parallel parking space width to
meet parking dimensional standards of 14.01, thereby increasing the green space adjacent to the
building, increasing available snow storage width, and improving the chances of tree health.
C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common
materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing),
landscaping, buffers, screens and visual interruptions to create attractive transitions between
buildings of different architectural styles.
(2) 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.
There is only one building on the lot. As discussed above, Staff considers the architectural design of
the building sensitive to the context of adjoining buildings. Staff considers these criteria to be met.
14.07 Specific Review Standards
A. Access to Abutting Properties. 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 or collector street, to provide additional access for emergency or other purposes, or to improve
general access and circulation in the area.
The project is proposed to formalize connectivity between abutting properties by reducing access points.
However, connectivity is proposed to be retained. Staff considers this criterion met.
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B. Utility Services. Electric, telephone and other wire‐served utility lines and service connections
shall be underground insofar as feasible and subject to state public utilities regulations. Any utility
installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site. Standards of Section 15.13, Utility Services, shall also be met.
Wire‐served utilities are proposed to connect to an existing pole on Shelburne Street and to be
underground. Staff considers this criterion met.
C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including
compliance with any recycling, composting, 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).
Small receptacles intended for use by households or the public (ie, non‐dumpster, non‐large drum) shall
not be required to be fenced or screened.
The proposed dumpster location is to be screened with a shadowbox wooden fence.
12. Staff recommends the Board include a condition requiring the fence height to equal or exceed the
dumpster height.
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and
Street Trees.
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 review. The minimum landscape requirement
for this project is determined by Table 13‐9 of the South Burlington Land Development Regulations.
The applicant estimates the building cost to be $2,300,000. The required minimum landscape value
is therefore $16,640, as follows.
Total Building Construction
Cost
% of total Construction Cost Required Value
$0 ‐ $250,000 3% $7,500
Next $250,000 2% $5,000
Additional Over $500,000 1% $18,000
Total $30,500
The property is encumbered by contaminated soils. Because of the need to limit disturbance of
contaminated soils and to capture runoff without allowing infiltration and contaminant transport,
the applicant has selected low‐profile stormwater treatment features including two subsurface
filtration system and two bioretention areas.
The applicant is proposing $12,900 in trees and shrubs. They are also requesting credit for perennials,
grasses, vines, groundcovers, and plantings in two (2) bioretention areas, for a total of $30,557 in
vegetation. They are also requesting credit for a freestanding stone seat wall with an estimated cost of
$4,300. Staff considers the trees and shrubs represents less than half of the required minimum
landscaping value, and there remain a large number of grass areas at the perimeter of the site that are
not proposed to be planted, therefore it may be possible to provide a higher percentage of the landscaping
value in trees and shrubs (which are the required elements of a landscaping plan).
13. Staff recommends the Board discuss whether additional value in trees and shrubs is needed in the
context of 13.06B below. Staff notes, if accepted, that the stone seat wall is exempt from landscaping
bonding requirements.
13.06B Landscaping of Parking Areas
All off‐street parking areas subject to review by the Development Review Board shall be curbed
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and landscaped with appropriate trees, shrubs and other plans including ground covers as
approved by the Development Review Board.
(1) All off‐street parking areas shall be landscaped around the perimeter of the lot with trees,
shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to
allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of
the parking lot from the public way and from adjacent uses and properties, and to provide
shade and canopy for the parking lot. In some situations it may be necessary both for
surveillance purposes and for the perception of safety to install the size and type of plants
that leave visual access between the parking lot to the public way or other pedestrian areas.
The parking lot is generally screened from Shelburne Road, though proposed screening from
Bacon Street is limited. The vegetated area adjacent to Bacon Street is located within the City
ROW. Staff recommends the Board require the applicant to add on‐site parking lot screening
on the north side of the property. The Director of Public works has indicated that while
additional plantings in the ROW would be acceptable, the applicant would be required to sign
a license agreement with the City for maintenance of landscaping within the ROW.
14. As discussed under dimensional standards above, Staff recommends the Board require the
applicant reduce the width of the parking area to allow screening on the property and to meet
front setback coverage requirements.
(2) In all parking areas containing twenty‐eight (28) or more contiguous parking spaces and/or
in parking lots with more than a single circulation lane, at least ten percent (10%) of the
interior of the parking lot shall be landscaped islands planted with trees, shrubs and other
plants. Such requirement shall not apply to structured parking or below‐ground parking.
The applicant is proposing 35 on‐site parking spaces. Staff approximates that 11% interior
parking lot landscaping is provided. The applicant is also proposing to reduce gravel parking
areas outside of the site. Staff considers that in the absence of a specific calculation, this
criterion appears to be met. If the applicant reduces front setback coverage, compliance with
this criterion will likely be enhanced but should be revisited at that time.
(3) All interior and perimeter planting shall be protected by curbing unless specifically designed
as a collection and treatment area for management of stormwater runoff as per
13.06(B)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6) feet
on any one side, and shall have a minimum square footage of sixty (60) square feet. Large
islands are encouraged.
Staff considers this criterion met on site. If the applicant adds parking spaces to Bacon Street,
the landscaping area adjacent to those spaces would need to be curbed.
(4) Landscaping Requirements
(a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All
planting shall be species hardy for the region and, if located in areas receiving road
runoff or salt spray, shall be salt‐tolerant.
(b) At least one (1) major deciduous shade tree shall be provided within or near the
perimeter of each parking area, for every five (5) parking spaces. The trees shall be
placed evenly throughout the parking lot to provide shade and reduce glare. Trees shall
be placed a minimum of thirty (30) feet apart.
(c) Trees shall have a caliper equal to or greater than two and one‐half (2 ½) inches when
measured on the tree stem, six (6) inches above the root ball.
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Seven shade trees are proposed within and around the parking area, and one additional shade
tree is proposed within the Bacon Street ROW adjacent to the parking area. Seven shade trees
are required.
15. Staff recommends the Board require the applicant to modify their plant list to require a minimum
of 2 ½ inch caliper at planting instead of 2‐2 1/2” as shown.
(5) Planting islands
(a) Curbed planting islands shall be designed and arranged to define major circulation
aisles, entrances and exits, provide vegetative focal points, provide shade and canopy, and
break up large expanses of asphalt pavement. All islands shall be planted with trees, shrubs,
grasses and ground covers. Plant materials judged to be inappropriate by the Development
Review Board will not be approved.
(b) Curbs of such islands shall be constructed of concrete or stone and shall be designed to
facilitate surface drainage and prevent vehicles from overlapping sidewalks and
damaging the plants.
Staff considers these criteria met.
(6) Snow storage areas must be specified and located in an area that minimizes the potential
for erosion and contaminated runoff into any adjacent or nearby surface waters.
Staff has been unable to locate snow storage areas on the provided plans. Staff recommends
the Board ask the applicant to describe the location of snow storage areas and/or the snow
removal plan. Such areas shall not conflict with landscaping or stormwater features. Staff
considers, if the applicant can provide adequate testimony as to snow storage locations, that
modification of the plans to show snow storage locations can be a condition of approval.
13.06C Screening or Buffering
(1) All off‐street parking areas, off‐street loading areas, outdoor storage areas, refuse,
recycling, and compost collection (excluding on‐site composting) areas, and utility
improvements such as transformer(s), external heating and cooling equipment shall be
effectively screened.
(2) Such screening shall be a permanently maintained landscape of evergreen or a mix of
evergreen and deciduous trees and shrubs, and/or a solid fence.
(3) The landscaping shall be designed to minimize erosion and stormwater runoff, and to
protect neighboring residential properties from the view of uses and parking areas on the
site. The landscaping shall be of such type, height, and spacing, as in the judgment of the
Development Review Board, will effectively screen the activities on the lot from the view of
persons standing on adjoining properties. The plan and specifications for such planting shall
be filed with the approved plan for the use of the lot.
(4) A solid wall or fence, of location, height, and design approved by the Development Review
Board, may be substituted for the required planting.
(5) Modifications. Where the existing topography and/or landscaping provides adequate
screening or would render the normally required screening inadequate, the Development
Review Board may modify the planting and/or buffer requirements by, respectively, decreasing
or increasing the requirements.
Screening of parking areas is discussed above.
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E. Modification of Standards. Except within the City Center Form Based Code District, where the
limitations of a site may cause unusual hardship in complying with any of the standards above and
waiver therefrom will not endanger the public health, safety or welfare, the Development Review
Board may modify such standards as long as the general objectives of Article 14 and the City's
Comprehensive Plan are met. However, in no case shall the DRB permit the location of a new
structure less than five (5) feet from any property boundary and in no case shall be the DRB allow
land development creating a total site coverage exceeding the allowable limit for the applicable
zoning district in the case of new development, or increasing the coverage on sites where the pre‐
existing condition exceeds the applicable limit.
Waiver requests are discussed under dimensional standards above.
F. Low Impact Development. The use of low impact site design strategies that minimize site
disturbance, and that integrate structures, landscaping, natural hydrologic functions, and various
other techniques to minimize runoff from impervious surfaces and to infiltrate precipitation into
underlying soils and groundwater as close as is reasonable practicable to where it hits the ground,
is required pursuant to the standards contained within Article 12.
Stormwater runoff from the parking lot is pretreated in filtration chambers in the parking lot,
commingled with roof runoff, and piped to two bioretention areas. The project disturbs less than one
acre and will therefore not be required to obtain either and Individual or General Permit for
Construction.
12.03 Stormwater Management Standards
The Assistant Stormwater Superintendent has reviewed the application materials on July 22,
2020. The comments from the Assistant Stormwater Superintendent are as follows.
The Stormwater Section has reviewed the “Bacon St. Properties, LLC” site plan prepared by
Trudell Consulting Engineers (TCE), dated June 4, 2020. We would like to offer the following
comments:
1. This project is located in the Englesby Brook watershed. This watershed is listed as
stormwater impaired by the State of Vermont Department of Environmental
Conservation (DEC).
2. It is recommended that applicant include dewatering practices in note pertaining to
contaminated soils on Sheet C1‐02.
3. The Stabilized Construction Entrance depicted on Sheet C1‐02 does not appear to be
scaled to accurate dimensions and appears to be located outside of project limits. Will all
vehicular traffic be entering the site from the location shown on Bacon St?
4. Please show all pertinent EPSC notes and details on Sh. C1‐02. There is no location
depicted for inlet protection, silt fence, stockpile locations, etc.
5. Will isolator fabric be required in planting areas to keep landscaping components
outside of contaminated soils?
6. Sh. C8‐05 Detail for the Pea Stone Diaphragm includes a note to use Filter Fabric Mirafi
140N to encapsulate the pea stone. Since this will allow for infiltration within the
pretreatment, has this been approved by DEC given the “hotspot” determination of the
site? Applicant is also asked to provide further detail on the method of flow from the pea
stone diaphragm into the bioretention area #1.
7. Sheet C4‐01 shows an 18” HDPE connection into an existing structure. This structure is
listed as Municipal on the plans but is owned and maintained by VTrans. Has the
applicant determined the condition of this structure or if boring an additional 18” inlet
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would be feasible? Our GIS data shows it having (3) 18” penetrations already (may
require field verification).
8. Please include a note requiring a soil phosphorous test using the Morgan Method, or
approved equivalent, for the Bioretention soil. The test results should be recorded with
design/ permit records.
9. The applicant is required to submit a Maintenance Plan for all stormwater treatment
practices as outlined in LDRs Article 12.03.D(e).
16. Staff recommends the Board require the applicant to address the comments of the City
Stormwater Section prior to closing the hearing.
G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for
Roadways, Parking, and Circulation shall be met.
No new roadways are proposed. Staff considers this criterion met.
OTHER
Energy Standards
Staff notes that all new buildings are subject to the Stretch Energy Code pursuant to Section 3.15:
Residential and Commercial Building Energy Standards of the LDRs.
Lighting
The applicant is proposing 9 wall mounted lighting fixtures, two bollard lights, and five freestanding lights.
17. One proposed freestanding light is within the Bacon Street ROW. The fixtures do not meet City
standards, the fixture is proposed to illuminate the parking lot, and the fixture results in lighting levels
above the allowable levels in Appendix A beyond the property line. Staff recommends the Board
require the applicant to remove that fixture.
18. The freestanding fixtures within the parking lot result in lighting levels slightly above the maximum
allowable off‐site level of 0.3 footcandles on the eastern multifamily residential property. Since this
property is residential in use, and screening is limited to plantings located on the residential property,
Staff recommends the Board require the applicant to adjust the lighting fixtures to adhere to the
maximum level of 0.3 footcandles.
Bicycle Parking
The applicant has provided three inverted U‐type bicycle racks. These racks appear to be located too
close to the building to provide for two bicycles each and therefore Staff considers parking is provided for
three bicycles total. The minimum requirement for a 4,930 sf building is four (4) spaces. Staff
recommends the Board require the addition of one bicycle rack or that the applicant modify the proposed
rack locations to meet the minimum spacing requirements of 13.14B(2)(d).
19. For new buildings, the applicant must provide 50% of required short term bike parking spaces as long‐
term bike storage, or two spaces, and one clothes locker. No long‐term spaces are shown on the
architectural plans. Staff recommends the Board require the applicant to demonstrate how they will
comply with long‐term bike storage and locker requirements prior to closing the hearing.
Water Supply
#SP‐20‐029
Staff Comments
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The South Burlington Water Department reviewed the project on 7/20/2020 and had no comments. The
main for the proposed tap is owned by the City of Burlington.
Fire Safety
The Fire Chief reviewed the plans on 7/20/2020 and offers the following comments.
Applicant should review and be in compliance with NFPA 1 – Chapter 18 – Fire Dept Access &
Water Supply.
A 1990 WB‐40 apparatus template should be applied to the access points approved by SBFD.
20. Staff recommends the Board discuss with the applicant how they intend for fire apparatus to serve the
building. If the Fire Department finds in their review of the application that the site does not
sufficiently accommodate fire truck access, the applicant may be required the amend their site plan
with the Development Review Board. Therefore, Staff recommends the Board invite the applicant to
continue the hearing to meet with the Fire Department to avoid the need to reopen in the event
modifications are necessary.
Contaminated Soils
As noted above, the applicant has identified contaminated soils at the site and has documented that they
are working on preparation of a Contamination Action Plan (CAP), anticipated to be approved mid‐
September. Contaminated soils are wholly regulated at a state level.
21. Staff recommends the Board determine whether to require the applicant to demonstrate approval of
the CAP prior to issuance of a zoning permit.
RECOMMENDATION
Staff recommends that the Board work with the applicant to address the issues identified herein.
Respectfully submitted,
Marla Keene, Development Review Planner