HomeMy WebLinkAboutSD-16-29 - Decision - 1185 1195 Shelburne Road#SD-16-29
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JOHN P. LARKIN, INC. & ERIC FARRELL-1185 & 1195 SHELBURNE ROAD
PRELIMINARY PLAT APPLICATION #SD-16-29
FINDINGS OF FACT AND DECISION
Preliminary plat application #SD-16-29 of John P. Larkin, Inc. & Eric Farrell for a planned unit
development consisting of: 1) razing a 54 unit hotel (Larkin Terrace), and 2) 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 November 15 and December 20, 2016. The
applicant was represented by Greg Rabideau.
Based on the plans and materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicants, John P. Larkin, Inc. and Eric Farrell, seek preliminary plat approval for a planned unit
development consisting of: 1) razing a 54 unit hotel (Larkin Terrace), and 2) 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 owners of record of the subject properties are John P. Larkin, Inc. and the David M. Farrell
Trust.
3. The subject properties are located in the Commercial 1-Automobile and Commercial 1-Residential
15 Zoning Districts.
4. The application was received on September 30, 3016.
5. The plan submitted consists of forty-one (41) pages with the second page titled "Overall Existing Site
Plan and P.U.D. Plan," dated 9/29/16, and prepared by Rabideau Architects.
A) DIMENSIONAL AND DENSITY 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, which leaves 279
units available for future development including this project.
B) APPLICABILITY OF USE OF PLANNED UNIT DEVELOPMENT APPROACH
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
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 preliminarily 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.
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 preliminarily finds 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.
C) PLANNED UNIT DEVELOPMENT STANDARDS
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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.
A condition of final plat approval will be that the applicant receive any necessary permits related to water
and wastewater supply from the appropriate permitting agencies.
(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.
Conformance with the criterion will be evaluated at the final plat stage of the review process.
(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
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 street.
Staff reviewed the Traffic Impact Study (TIS) dated 11/3/16 and prepared by RSG for this project and had
the following comments:
• The description of the project in the TIS does not match the description in the application to the
DRB. Both descriptions must match.
• The TIS must evaluate the impact of the proposed project with respect to the maximum number of
vehicle trip ends (vtes) approved for the PUD. The PUD is approved for a maximum of 623 vtes and
the study should provide information as to what the trip generation is for the entire PUD including
the current proposal so the Board knows whether the maximum number of vtes is being exceeded
or not.
• Information should be provided with respect to the Traffic Overlay District for the entire project site
which includes the property at 1195 Shelburne Road.
• The TIS must provide the amount of additional traffic created by the removal of the Larkin Terrace
complex and the amount of traffic estimated to be generated by the commercial portion of the
building so that the traffic impact fee for the new commercial space can be calculated.
• The TIS should be revised to use the correct name of the street which is Fayette Road not Fayette
Drive.
• Staff recommends the Board invoke technical review of the TIS which would be reviewed at the
final plat review.
The Board finds that the above list of additional information should be submitted with the final plat
submittal and invokes an independent technical review of the TIS pursuant to Section 17.08(E)(7) of the
Land Development Regulations.
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(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 preliminarily finds this criterion 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 which can be accessed
via 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 considers 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 fagades
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
preliminarily finds this criterion to be 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 rooftop leisure areas. The plans
indicate that the open space area on the parcel of land where the proposed building would be built is
32,806 sq. ft. which covers 29.6% of the site. The Board preliminarily finds this criterion 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:
The only comment we have is on the hydrant placement, relative to the building fire suppression — FD
connection. Current location would shutdown the parking lot. Can/will be adjusted on the final
submittal for building permit as the fire protection system plan will be better developed.
This comment and the criterion will be addressed at the final plat stage of review.
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(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.
This criterion will be addressed at the final plat stage of review. See discussion below regarding
stormwater, landscaping, and lighting.
(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.
This criterion will be addressed at the final plat stage of review.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
During the discussion, the applicant indicated his intention to provide a plan for affordable housing. The
Board accepted such intention.
As discussed above, The Board preliminarily finds that the proposed project is consistent with the goals
and objectives of the Comprehensive Plan for the Commercial 1-Automobile Zoning District.
D) SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall
require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes
the following general review standards for all site plan applications:
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.
As discussed above, the Board preliminarily finds that this criterion is being 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.
The proposed building is located in an existing PUD in which there are an array of buildings of various
styles, including a movie theater, office space, and fast food restaurant. The Board preliminarily 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.
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(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
preliminarily finds this criterion to be met.
(b) The Development Review Board may approve parking between a public street and
one or more buildings if The Board preliminarily finds that one or more of the
following criteria are met. The Board shall approve only the minimum necessary to
overcome the conditions below.
The Board finds this criterion to not be applicable.
(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 60 feet six (6) inches in height at its highest point, which an architectural
feature in the northeast corner designed to provide visual interest, and otherwise would be no more than
45 feet four (4) inches in height along the flat roof. 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 preliminarily
finds this criterion to be met and supports the height request discussed below in the 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 preliminarily finds this criterion to be met.
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.
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 will 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 preliminarily 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
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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
these criteria to be preliminarily met.
In addition to the above general review standards, site plan applications shall meet the following specific
standards as set forth in Section 14.07 of the Land Development Regulations:
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 preliminarily finds the reservation of
land to be unnecessary.
2. 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.
3. 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).
The plans show areas for food waste, recycling, and trash on the interior of the first floor. The Board finds
this criterion to be preliminarily met. The applicant should confer with the Fire Marshal prior to submittal of
the final plat application to ensure that this arrangement is acceptable.
4. 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 $87,505.
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
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Proposed Landscaping $87,505
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 $23,625.
The City Arborist submitted comments in an email to staff dated October 18, 2016:
• Plantings along Shelburne Rd are in the State of Vermont Right of Way and are not
maintained by the City of South Burlington. Should check with the Agency of
Transportation regarding plantings in their Right of Way.
• Would not recommend under planting shrubs and perennials along Shelburne Rd. This is
where the snow and salt from 3 lanes of traffic and the sidewalk will end up
• Any areas where trees are to be planted that are currently under pavement require soil
replacement or soil restoration to a minimum depth of 2 feet to support tree growth
• Elms in the western island should be relocated to take advantage of the larger soil
volumes on the western side of the island
• Due to their inherent tight branch structure, 'Princeton' Elms may pose structural
problems as they mature, requiring pruning on a regular basis to reduce the potential for
branch failure. For this reason a substitute species may want to be considered
The Board finds that the comments submitted by the City Arborist must be addressed prior to the
submittal of a final plat application and this is reflected in the conditions of this decision.
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 11.4% of the interior parking area landscaped. The Board finds this criterion to
be preliminarily met.
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. The Board finds this criterion to be
preliminarily met.
Pursuant to Section 13.06(B) of the Land Development Regulations, the plans depict snow storage areas.
E) STORMWATER
The Board received the following comments from the Stormwater Section in an email dated December
16, 2016:
The Stormwater Section has reviewed "Larkin Terrace, Preliminary Plat Permit Drawings" prepared
by Krebs & Lansing, dated 9129116, lost revised on 12115116.
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.
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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 opplicant
should acquire this permit before starting construction.
3. The City has been working with the applicant to ensure that the project meets Section
12.03(B)(3)(b) of the City's Land Development Regulations (LDRs), which states "if the area of the
lot or parcel that is being redeveloped or substantially reconstructed exceeds 50% of the lot or
parcel's existing impervious surface area, then all of the lot or parcel's impervious surfaces must
comply with all parts of Section 12.03(C)." Revised plans doted 12115116 meet this requirement.
4. The applicant has been requested to submit NydroCAD modeling following final plan submission.
5. 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 Deportment of
Public Works on their web site, or by stopping by their office located at 104 Landfill Road.
The Board supports the comments of the Stormwater Section.
F) 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
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.
Cuts sheets for the proposed light fixtures meet the requirements of Appendix D for minimizing glare
and light trespass. The lighting plan submitted shows fixtures throughout the property. The Board
preliminarily finds this criterion to be met.
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.
It is not clear to the Board at what height the light fixtures will be located and therefore it cannot
determine whether the fixtures would be considered evenly distributed according to the criterion. A
condition of final plat approval will be that the applicant submit information required to determine whether
this criterion is met.
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.
The lighting plan indicates that light trespass will be minimal and will be contained within the overall
existing PUD and within the public streets. The Board preliminarily finds this criterion to be met.
3) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural
material, with a decorative surface or finish.
It is not clear to the Board from the materials submitted what material from which the poles will be
constructed. A condition of final plat approval will be that the applicant submit information required to
determine whether this criterion is met.
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.
A condition of final plat approval will be that the applicant submit information required to determine
whether these criteria are met.
G) 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 and 50 feet along
Shelburne Road to 12 feet minimum
(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 45 feet four (4) inches for the
flat roof of the building and 60 feet six (6) inches for a decorative feature on the northeast
corner of the proposed building
(d) Reduction in the minimum parking requirement from 183 spaces to 119 spaces for a total of
34% fewer spaces than the required 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.
(c): The Board preliminarily finds that allowing 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, some of
which have not yet been provided to the Board by the applicant. In order to receive this waiver, which
the Board preliminarily supports, the applicant must submit the information required by Section 3.07(D)
at the final plat stage of review.
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(d): All the commercial uses in the existing PUD are benefitted by a shared parking analysis, which
reduces the required parking requirement, and an additional parking waiver. The Board gives
preliminary support to this concept, but, because there are several questions related to the shared
parking analysis, cannot grant a waiver at this time.
H) OTHER ISSUES
On some of the plan sheets the applicant shows a sculpture on the northeast corner of the lot and
partially outside the property bounds. A condition of this decision will be to show the sculpture within
the bounds of the property on all plan sheets.
DECISION
Motion by Matt Cota, seconded by John Wilking, to approve preliminary plat application #SD-16-29 of
John P. Larkin, Inc. subject to the following conditions:
1. All previous approvals and stipulations will remain in full effect except as amended herein.
2. This project must be completed as shown on the preliminary plat plans submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. The applicant must receive preliminary wastewater allocations prior to final plat approval.
4. The applicant must receive final wastewater allocations prior to issuance of any zoning permits.
5. The Board preliminarily approves the following waivers:
a. Front yard setback of twelve (12) feet (a waiver of 18 feet from the standard of 30 feet)
b. Front yard coverage of up to 100% (a waiver of 70% from the standard of 30%)
6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
7. The proposed project must 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 must meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
8. The applicant will be responsible for regularly maintaining all stormwater treatment and conveyance
structures on -site.
9. The plans and the TIS must be revised to show the changes below prior to final plat submission:
a. The description of the project in the Traffic Impact Study must match the description in
the application to the Board.
b. The Traffic Impact Study must evaluate the impact of the proposed project with respect
to the maximum number of vehicle trip ends (vtes) approved for the PUD, which is 623
vtes, and the study must provide information as to what the trip generation is for the
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entire PUD including the current proposal so that the Board can determine whether the
maximum number of vtes is being exceeded or not.
c. Information must be provided with respect to the Traffic Overlay District for the entire
project site, which includes the property at 1195 Shelburne Road.
d. The Traffic Impact Study must provide the amount of additional traffic created by the
removal of the Larkin Terrace complex and the amount of traffic estimated to be
generated by the commercial portion of the proposed building in order for the traffic
impact fee for the new commercial space to be calculated.
e. The Traffic Impact Study must be revised to use Fayette Road as the street name and
not Fayette Drive.
f. The Landscaping Plan must be revised to the satisfaction of the City Arborist.
g. The lighting plan must include the information necessary to meet the requirements of
Section 13.07 of the Land Development Regulations.
h. An eastern elevation which includes landscaping must be submitted.
10. The final plat submittal must include E911 addresses for the new structure in the proposed project, in
conformance with local ordinances and Vermont E911 addressing standards.
11. The final plat submittal must include a plan for affordable housing.
12. Final plans must be reviewed by the Fire Chief or his designee to insure that adequate fire
protection can be provided, with the standards for evaluation including, but not limited to,
minimum distance between structures, street width, vehicular access from two directions where
possible, looping of water lines, water flow and pressure, and number and location of hydrants.
13. The final plat application must be submitted within 12 months of this decision.
Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Frank Kochman
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
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 6— 0 — 0.
Signed this 18th day of January 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
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V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vermontjudiciary.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.
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