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HomeMy WebLinkAboutSD-17-12 - Decision - 1185 1195 Shelburne Road#SD-17-12 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING LARKIN MILOT PARTNERSHIP LLC—1185-1195 SHELBURNE ROAD FINAL PLAT APPLICATION #SD-17-12 FINDINGS OF FACT AND DECISION The applicant, Larkin Milot Partnership LLC is seeking Final Plat approval for a planned unit development consisting of constructing an 83,972 sq. ft. building which will include 60 residential units and 20,250 sq. ft. of commercial space, 1185 & 1195 Shelburne Road. The Development Review Board held a public hearing on June 20, 2017. Greg Rabideau and Joe Larkin 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, Larkin Milot Partnership LLC is seeking Final Plat approval for a planned unit development consisting of constructing an 83,972 sq. ft. building which will include 60 residential units and 20,250 sq. ft. of commercial space, 1185 & 1195 Shelburne Road. 2. The application was received on May 9, 2017. 3. The owner of record of the subject property is Larkin Milot Partnership LLC. 4. The subject property is located in the Commercial 1-Auto and Commercial 1-Residential 15 Zoning Districts. 5. The plan submitted consists of forty-one (41) pages with page one (1) entitled "Overall Existing Site Plan and P.U.D. Plan," dated 9/29/16, and prepared by Krebs and Lansing Consulting Engineers. DISTRICT AND DIMENSIONAL REQUIREMENTS Lot coverages were calculated using the combined acreage of the L&M PUD parcels and Farrell Trust parcel. The combined acreage is 40.8 acres. Proposed building coverage is 7.7% and proposed overall coverage is 23.3%, which are below the 40% and 70% maximums, respectively, of the Commercial 1- Automobile and Commercial 1-Residential 15 Zoning Districts. The Cl-Auto district has a maximum density of 12 units per acre, which results in an allowable density of 489 dwelling units (40.8 acres x 12 units=489.6 rounded down to the nearest whole unit). According to the applicant 210 of those available residential density units have already been used and with the 60 additional units being used the total would become 270 which leaves 219 units available for future development. -1- #SD-17-12 Commercial 1— Residential 15 and Required Existing Proposed Commercial 1— Automobile Min. Lot Size 40,000 S.F. 40.52 acres No change Max. Building Coverage 40% <40% 7.4% Max. Overall Coverage 70% <70% 23.4% * Max. Front Yard Coverage 30% <30% 100% * Min. Front Setback 30 ft. on Fayette >30 ft. and 6' S" Fayette Road; 14' 4" on Road; 50 feet on >50 ft. Shelburne Road Shelburne Road Min. Side Setback 10 ft. >10 ft. 10 ft. (15 ft. in Cl-A) Min. Rear Setback 30 ft. >30 ft. No change * Max. Building Height 35 ft. (flat) <35 ft. 492" for top of parapet, 62' 8.5" for top of decorative feature WAIVERS The applicant has requested the following waivers (see discussion below): (a) Front yard setback to be reduced from 30 feet minimum along Fayette Road to 6'-5" and 50 feet minimum along Shelburne Road to 14'-4". (b) Front yard coverage limit of 30% maximum to be increased to 100% (c) Building height maximum of 35 feet (flat roof) to be increased to 49 feet two (2) inches for the top of the parapet on the flat roof of the building and 62 feet eight and 1/2 (8.5) inches for a decorative feature on the northeast corner of the proposed building (d) Reduction in the minimum parking requirement from 183 spaces to 148 spaces for a total of 8% waiver request from the minimum. (a) & (b): The Board finds that lessening the setback and front yard coverage will be positive for encouraging a pedestrian environment along Shelburne Road and Fayette Road. The Board finds that a well -designed sidewalk with a screening buffer of shade trees between the walk and the street will be a positive addition to the streetscape and encourage the use of the sidewalk by those living in and visiting the development. The Board finds the requested front yard setback & coverage waiver requests to be appropriate. (c): The Board found that the proposed additional height enables the project to better meet the goals and objectives of the Comprehensive Plan by allowing for residential density on upper floors with commercial uses on the ground level. The addition of an architectural element which rises above the flat roof will provide interest and variation to the building, which is encouraged. To evaluate a height waiver, Section 3.07(D) of the Land Development Regulations requires a number of elements. The applicant submitted plans showing "the elevations and architectural design of the structure, pre - construction grade, post -construction grade, and height of the structure" as required. The Board finds the requested height waivers to be appropriate. -2- #SD-17-12 (d): All the commercial uses in the existing PUD are benefitted by a shared parking analysis, which reduces the required parking requirement from 646 spaces to 594 spaces and reduces the previously approved parking waiver to 8.1%. For the purposes of the shared parking analysis, the applicant selected a combination of specialty retail and high turnover, sit down restaurant to accompany the residential units. The Board notes that the application did not include any specific commercial uses, and so formally the uses selected for the parking analysis (and traffic, discussed later) are not part of this application. The Board ordered a technical review of the traffic impact study (TIS). The Technical Review of the TIS conducted by the firm BFJ concluded that the proposed parking, with 148 spaces (55 spaces in the garage and 93 on the surface lot), will be sufficient for the project. APPLICABILITY OF USE OF PLANNED UNIT DEVELOPMENT APPROACH Section 15 of The South Burlington Land Development Regulations addresses Subdivision and Planned Unit Development Review and reads, in part, as follows: It is the purpose of the provisions for subdivision and Planned Unit Development (PUD) review to provide for relief from the strict dimensional standards for individual lots in these Regulations in order to encourage innovation in design and layout, efficient use of land, and the viability of infill development and re -development in the City's Core Area, as defined in the Comprehensive Plan. It is the further purpose of this Article to coordinate site plan, conditional use and subdivision review into a unified process. The Development Review Board shall administer these regulations for the purpose of assuring orderly growth and coordinated development in the City of South Burlington and to assure the comfort, convenience, safety, health and welfare of its citizens. The standards for determining whether a project warrants the flexibility provided by PUD review include the following: • to encourage innovation in design and layout, • efficient use of land, and • viability of infill development and re -development in the City's Core Area, as defined in the Comprehensive Plan. The Board finds that the proposed project meets the standards of being a PUD, because it combines residential and commercial uses on the property, reduces its parking needs through a shared parking plan, creatively incorporates green space for residents, and introduces an active streetscape along Shelburne Road. 14.06 GENERAL REVIEW 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 applicant is proposing to re -develop a portion of the L&M Park PUD and include additional land outside that PUD at 1195 Shelburne Road. An aspect of PUDs is that they be, according to Section sic #SD-17-12 15.18(10), "consistent with the goals and objectives of the Comprehensive Plan for the affected district(s)." According to the Comprehensive Plan this project is located in the Southwest Quadrant where mixed use development along the Shelburne Road corridor is encouraged to promote pedestrian movement, use of public transportation, and shared parking opportunities. Furthermore, mixed use development and redevelopment is specifically encouraged on the west side of Shelburne Road south of 1-189, which is where this project is located. One strategy promoted in the Southwest Quadrant by the Plan is to explore opportunities to create "nodes" of concentrated development and public activity along the Shelburne Road corridor. The Board finds that the plan presented by the applicant is in alignment with the goals of the Comprehensive Plan, because it is located in an area targeted for mixed use and redevelopment and it could constitute a node of public activity due to its proposed combination of commercial and residential uses with shared parking. The Board finds that this criterion is met. A. 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. The proposed building is located in an existing PUD in which there is an array of buildings of various styles, including a movie theater, office space, and fast food restaurant. The Board finds that the proposed building is an improvement for the larger PUD and could be a leader on Shelburne Road for other developments. The site incorporates a variety of plantings and walkways for pedestrians. While the proposed building will initially appear different from other buildings in the PUD, the applicant's plan is to fully redevelop the site around the proposed building in phases and those buildings will be expected to relate well to one another and create desirable transitions. The Board finds that this criterion is met. (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. Parking is proposed in the interior of the lot and along the proposed private street. The Board finds that this criterion is met. See above under requested waivers for the amount of parking. (3) 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 anticipated adjoining buildings. The proposed building would be 62 feet eight (8) and % inches in height at its highest point, which an architectural feature in the northeast corner designed to provide visual interest. Otherwise it would be no more than 49 feet two (2) inches in height along the flat roof (top of the high parapet). Anticipated neighboring buildings would be of similar height when the remaining phases of the project are constructed. The hotel currently existing on the site and proposed for demolition is between two (2) and three (3) stories in height. The Board finds this to be met criterion met and supports the height waiver discussed in the -4- #SD-17-12 waiver section. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. The Board finds that this criterion is met. B. 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. Currently existing buildings in the immediate vicinity are of various heights, but primarily one (1) to three (3) stories. The Board considers the proposed building to be taller than other buildings in the immediate vicinity, but not drastically so, and its height will allow the type of development onsite that is encouraged by the Comprehensive Plan goals discussed above. The Board finds that the transition between the proposed building and neighboring existing buildings will be accomplished through the use of plantings, which will soften the appearance of a building which has a larger mass than some nearby buildings. The impact of the building on adjacent structures will be limited through the use of architectural design, including balconies and stepping the building back away from the street on upper stories. The Board finds that this criteria is met. 15.18 Criteria for Review of Planned Unit Developments Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: (A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. The Board finds that the applicant is required to receive any necessary permits related to water and wastewater supply from the appropriate permitting agencies prior to issuance of a zoning permit. (A)(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. See discussion under LOW IMPACT DEVELOPMENT (STORMWATER) below. (A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The project is ultimately envisioned by the applicant as being part of a larger project of four (4) phases that 5- #SD-17-12 would incorporate three (3) access points; however, in the current proposal, Phase 1, there would be one (1) access point from Fayette Road onto a private access. After the preliminary hearing, the Board invoked a Technical Review of the Traffic Impact Study (TIS). The Technical Review, completed by the firm BFJ, was received on 4/24/2017. The applicant's consultant, RSG submitted a revised Traffic Impact Study, as well as a memo describing the changes, on 5/26/2017. The revised Study addresses all concerns and questions raised by BFJ during the technical review process. The Board finds that this criterion is met. The TIS did not comply with condition #9a of the preliminary plat approval which required the description of the project in the TIS match the description in the application. The application lists the proposed uses as 60 dwelling units and 21,653 sq. ft. of gross commercial space while the TIS describes the project as having 60 new apartments, a 3,250 sq. ft. restaurant and 17,097 sq. ft. of retail space. The Board finds that the project description in the TIS shall be revised to indicate that the Project before the DRB was as described in this application, and to indicate that for the purposes of completing the traffic study (which must include specific uses, not just a general "commercial" category), the use mix was selected as 60 new apartments, a 3,250 sq. ft. restaurant and 17,097 sq. ft. of retail space. The mix of uses calculated in the TIS estimates that the project (excluding trips generated by the residential units) will generate 40 additional PM peak hour trips. Should the actual mix of uses differ from those used in the TIS, the applicant shall revise the TIS to reflect the changes. The original PUD had a 623 vehicle trip end (vte) limit and the TIS estimates that the proposed and existing uses will generate 549 vtes (this number is subject to change when the TIS is revised to match the project description in the application). The TIS indicates that the project will not materially affect the Level of Service of adjacent roadways or intersections. The Technical Review of this analysis agree d with these assessment. The Board concurs. (A)(4) 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 proposed project is almost entirely on an already developed piece of land, on which there are no wetlands or streams. The Board finds that this criterion is met. (A)(5) 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 the Comprehensive Plan, this project is located in the Southwest Quadrant where mixed use development along the Shelburne Road corridor is encouraged to promote pedestrian movement, use of public transportation, and shared parking opportunities. One strategy promoted in the Southwest Quadrant by the Plan is to explore opportunities to create "nodes" of concentrated development and public activity along the Shelburne Road corridor. The proposed project promotes pedestrian movement by incorporating an active sidewalk design along a street that can be accessed via #SD-17-12 public transportation. Furthermore, the project will create a "node" of activity by incorporating several uses in the project area (residential, retail, and restaurant). The applicant has proposed placing the building and its entrances closer to the street than the current 30 foot setbacks would allow. The Board finds that buildings closer to the street would encourage pedestrian movement between businesses, which would support the goals of the Comprehensive Plan. In combination with the reduced setbacks the applicant is proposing a four (4) story building whose fa4ades would step back above the second or third floor. This is intended to limit the impact of the buildings on the pedestrian experience by reducing the mass of building immediately visible from the sidewalk. The Board finds that this criterion is met. (A)(6) 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 proposed project incorporates a considerable amount of density into the site and as such there is not a great amount of ground level open space which could be connected between parcels; however, the project does create open space for the residents of the building through the use of outdoor common space on the fourth floor. The plans indicate that the open space area on the parcel of land where the proposed building would be built is 24,580 sq. ft. which covers 22.2% of the site. The Board finds this criterion to be met. (A)(7) 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 Board received the following comments from the Fire Marshal in an email dated December 15, 2016 and in an email dated 5/31/17, the Fire Marshall indicted that he had no additional comments: The only comment we have is on the hydrant placement, relative to the building fire suppression — FD connection. Current location would shut down the parking lot. Can/will be adjusted on the final submittal far building permit as the fire protection system plan will be better developed. (A)(8) 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. See discussion below regarding stormwater, landscaping, and lighting. A new gas line, a new sewer line and a new 10' GMP easement is included to provide service to future phases of development. The Board finds that this criterion is met. (A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. For Transect Zone subdivisions, this standard shall only apply to the location and type of roads, recreation paths, and sidewalks. See discussion about lighting below. The Board finds that this criterion is met. (A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). -7- #SD-17-12 See discussion above. 14.07 SPECIFIC REVIEW STANDARDS A. Access to Abutting Properties. The reservation of land maybe 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 proposed project includes land at 1195 Shelburne Road and that parcel is proposed to be accessed via three (3) access points from the 1185 Shelburne Road property where the majority of the redevelopment is currently proposed. Those access points include the proposed public street to the south and two (2) parking lot drives, all three of which will extend onto the 1195 Shelburne Road parcel. Since access to the abutting property is already included as part of the proposal, the Board finds that the reservation of land is unnecessary. B. Utility Services. 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 Land Development Regulations, any new utility lines, services, and service modifications must be underground. C. Disposal of Wastes. 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). Trash and recycling wastes will be stored in a combination of an enclosed portion of the building and a fence. The Board finds that this criterion is met. D. Landscaping and Screening Requirements. (See Article 13, Section 13.06) Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to planned unit development review. The total cost of the project is estimated at $8,000,000 by the applicant. The minimum landscaping budget, as shown below, is $87,500 and the applicant is proposing $90,965. Total Building Construction or Building Improvement Cost % of Total Construction/ Improvement Cost Cost of proposed project $0 - $250,000 3% $7,500 Next $250,000 2% $5,000 Additional over $500,000 1 1% $75,000 Minimum Landscaping $ $87,500 -8- #SD-17-12 Proposed Landscaping 1 $90,965 In addition to the landscaping which will count towards the minimum landscaping budget, the landscape plan also shows new street trees and plants with a value of $11,830. Section 13.06(B)(2) requires that 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 10% of the interior of the parking lot must be landscaped islands. The landscaping plan indicates the project meets this requirement by having 11.5% of the interior parking area landscaped. Section 13.06(B)(4)(b) states that 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 and that the trees should be spaced evenly throughout to provide shade and reduce glare. Pursuant to Section 13.06(B) of the Land Development Regulations, the plans depict snow storage areas. The Board finds these criteria to be met. LOW IMPACT DEVELOPMENT 15TOR_MWATERj The following comments were received from David Wheeler, Assistant Stormwater Superintendent, on June 16, 2017: The Stormwater Section has reviewed "Larkin Terrace, Final Plat Permit Drawings" prepared by Krebs & Lansing, dated 9129116, lost revised on 4114117. 1. The project proposes to develop/redevelop over 137,486 square feet of impervious surface on the parcel. This will require a stormwater permit from the Vermont DEC Stormwater Division. The applicant should acquire this permit before starting construction. 2. The project proposes to disturb greater than 1 acre of area. It will therefore require a construction storm water permit from the Vermont DEC Stormwater Division. The applicant should acquire this permit before starting construction. 3. Work in the City Right Of Way (ROW) requires a permit before construction can begin. A "Permit to Open Streets or Right -Of -Way" can be obtained from the South Burlington Department of Public Works on their web site, or by stopping by their office located at 104 Landfill Road. 4. The DRB should include a condition requiring the applicant to regularly maintain all stormwater treatment and conveyance infrastructure. The Board finds that the applicant shall comply with the recommendations of the Stormwater division. LIGHTING Section 13.07 of the Land Development Regulations discusses exterior lighting and states that: A. General Requirements. All exterior lighting for all uses in all districts except for one family and two-family uses shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or street. Light fixtures that are generally acceptable are -9- #SD-17-12 illustrated in Appendix D. "Source of light" shall be deemed to include any transparent or translucent lighting that is an integral part of the lighting fixture(s). Site illumination for uncovered areas shall be evenly distributed. Where feasible, energy efficient lighting is encouraged. B. Specific Requirements for Parking Areas. Light sources shall comply with the following: 1) The number and spacing of required light pole standards in a parking area or lot shall be determined based on the type of fixture, height of pole, number of fixtures on the pole, and the desired lighting level. Unless the applicant can demonstrate a reasonable alternative, lighting shall be considered evenly distributed if the light fixtures are placed at intervals that equal four times the mounting height. 2) Pole placement, mounting height, and fixture design shall serve to minimize lighting from becoming a nuisance. All light sources shall be arranged so as to reflect away from adjacent properties. All light sources shall be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent streets. 3) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish. 4) Poles in pedestrian areas shall not be greater than 30 feet in height and shall utilize underground wiring. 5) Poles in all other areas shall not exceed thirty (30) feet in height, and shall utilize underground wiring. The Board finds that the lighting standards are met. OTHER Energy The Board 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. Affordability Per the Board's condition at preliminary plat approval, the applicant provided a plan for affordable housing in a letter dated May 9, 2017. The summary of their plan is as follows: "It is our considered opinion that the City of South Burlington does not have the regulatory authority to mandate affordable housing in the current phase of this project. However, in the spirit of cooperation that has characterized the approval process to date, the applicant has volunteered to accept a provision in the permit that makes sure that if and / or when affordable density bonuses are used within the PUD as a whole, that designated affordable units will be evenly distributed throughout the PUD, including retroactively to the phase now under consideration". The Board accepts the applicant's offer and concurs with the proposed condition. #SD-17-12 PUD Notice of Conditions Since this project is a PUD a "Notice of Conditions" legal document should be recorded in the land records that indicates that for the purposes of the LDRs, both lots are to be treated as one (1) lot. DECISION Motion by Matt Cota, seconded by John Wilking, to approve final plat application #SD-17-12 of Larkin Milot Partnership LLC, subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision will remain in full effect. 2. This project must be completed as shown on the plat submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 3. Before receipt of a zoning permit for construction, the applicant will need to either gain approval for the uses considered in the traffic & parking analysis or revise the analysis should a different combinations or proportion of uses be sought. 4. If and / or when affordable density bonuses are used within the PUD as a whole, designated affordable units will be evenly distributed throughout the PUD, including retroactively to the phase that is the subject of this decision. 5. The project description in the Traffic Impact Study must be revised to indicate that the Project before the DRB was as described in this application, and to indicate that for the purposes of completing the traffic study (which must include specific uses, not just a general "commercial" category), the use mix was selected as 60 new apartments, a 3,250 sq. ft. restaurant and 17,097 sq. ft. of retail space prior to issuance of a zoning permit. One printed and one digital copy of the revised Traffic Impact Study shall be provided. The Board hereby grants the following dimensional and parking waivers: a. Front yard setback to be reduced from 30 feet minimum along Fayette Road to 6'-5" and 50 feet minimum along Shelburne Road to 14'-4". b. Front yard coverage limit of 30% maximum to be increased to 100% c. Building height maximum of 35 feet (flat roof) to be increased to 49 feet two (2) inches for the top of the parapet on the flat roof of the building and 62 feet eight and 1/2 (8.S) inches for a decorative feature on the northeast corner of the proposed building d. Reduction in the minimum parking requirement from 183 spaces to 148 spaces for a total of 8% waiver request from the minimum. Prior to zoning permit issuance for construction of the building, the applicant shall post a landscaping bond in the amount of $87,500. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 8. 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 should meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The -11- #SD-17-12 South Burlington Stormwater Superintendent may visit the site as construction progresses to ensure compliance with this criterion. 9. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 10. All exterior lighting must consist of downcasting, shielded fixtures. Prior to the issuance of a zoning permit, the applicant must provide the Administrative Officer cut -sheets of any new exterior light fixtures, if different from the ones approved. 11. The applicant must obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 12. The applicant must adhere to the comments of the Stormwater Division of Department of Public Works outlined in the Department's email of June 16, 2017 cited above. 13. Per section 12.03.F(1) of the City's Land Development Regulations, upon completion of the infrastructure, the applicant must submit record drawings showing pipe invert elevations, drainage structure rim elevation, pipe material, final grading, etc. 14. The applicant must regularly maintain all stormwater treatment and conveyance structures on - site. 15. Prior to recording the final plat plans, all appropriate legal documents including the pedestrian and vehicular easements must be submitted to the City Attorney for approval and recorded in the South Burlington Land Records. 16. For purposes of the LDRs both lots included in this subdivision must be considered one lot. The applicant must record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plan. 17. Prior to issuance of a zoning permit, the applicant must submit to the Administrative Officer a final set of project plans as approved in digital format. 18. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to the occupancy of the new building. 19. The mylar must be recorded prior to any zoning permit issuance. 20. Any changes to the final plat plan will require approval of the South Burlington Development Review Board. 21. The final plat plan (survey plat & sheet 1) must be recorded in the land records within 180 days or this approval is null and void. The plans must be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plans, the applicant must submit a copy of the survey plat in digital format. The format of the digital information will require approval of the South Burlington GIS Coordinator. -12- #SD-17-12 Matt Cota Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Motion carried by a vote of 6— 0 — 0. Signed this 6 day of July 2017, by Bill Miller, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermont'udiciarV.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist. 13-