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HomeMy WebLinkAboutSD-15-21 - Decision - 1200 Shelburne Road#SD-15-21 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHAMPLAIN HOUSING TRUST —1200 SHELBURNE ROAD PRELIMINARY AND FINAL PLAT APPLICATION #SD-15-21 FINDINGS OF FACT AND DECISION The applicant, Champlain Housing Trust, is seeking Preliminary and Final Plat approval for a planned unit development to convert a 24 room motel to a 20 unit multi -family dwelling, 1200 Shelburne Road. The Development Review Board held a public hearing on July 21, 2015. Amy Demetrowitz 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, Champlain Housing Trust, is seeking Preliminary and Final Plat approval for a planned unit development to convert a 24 room motel to a 20 unit multi -family dwelling, 1200 Shelburne Road. 2. The application was received on May 15, 2015. 3. The owners of record of the subject property are Bill and Tory Wilson 4. The subject property is located in the Commercial 1— Residential 15 Zoning District and the Transit Overlay District. 5. The plan submitted consists of six (6) pages with page one (1) entitled "Site Plan Beacon Place 1200 Shelburne Road, Route 7 South Burlington, Vermont" prepared by Krebs & Lansing Consulting Engineers, Inc. dated March 6, 2015. Zoning District & Dimensional Requirements: The property is located principally in the Commercial 1— Residential 15 and Residential 4 Zoning Districts and the Transit Overlay District. Zoning District Required Existing Proposed' f Min. Lot Size 3,500 s.f. / unit 1.2 acres 20 units $ Maximum Density 15 units / acre in C1-R15; 4 units / acre in R4 .98 acres in Cl- R15; .16 acres in R4 20 units *Max. Building Coverage 4006 15.8 % 15.8 *Max. Overall Coverage 70% 53.5 % 50.1 - 1 - #SD-15-21 Max. Front Yard Coverage 30% 48.2% 23.6% Min. Front Setback 30 ft. -30 ft. -30 ft. �► Min. Side Setback 10 ft. -6 ft. -6 ft. Min. Rear Setback 30 ft. -10.5 ft -10.5 ft Max. Building Height 35ft. (flat roof) N/A N/a zoning compliance * pre-existing non -conforming t Affordable Housing bonus required * Calculated for the property as a whole, using standards for C1-1115 District. The applicant seeks to convert the 24 room motel into 20 long-term rental apartments comprised of six (6) 1-bedroom units, thirteen (13) efficiencies and one (1) 2-bedroom unit. The base density of the property is 15 units within the C1-1115 Portion of the property. The applicant would require a density increase pursuant to Section 13.14 Affordable Housing (Below Market Rate Housing) of the LDRs. 13.14 Affordable Housing (Below Market Rate Housing) A. Purpose. One of the adopted Comprehensive Plan goals is the availability of quality housing and quality affordable housing to attract and retain a qualified workforce. The following provisions are established to enable the City of South Burlington to ensure a supply of standard housing available at below -market rate purchase prices or rentals. In this way, a choice of housing opportunities for a variety of income groups within the City can be created in accordance with the comprehensive plan and these Regulations. B. Definitions. (1) Affordable housing or affordable dwelling units shall mean either of the following: (a) Housing that is owned by its inhabitants, whose gross annual household income does not exceed eighty percent (80%) of the county median income, as defined by the United States Department of Housing and Urban Development, and the total annual cost of the housing, including principal, interest, taxes and insurance, is not more than thirty percent (30%) of the household's gross annual income. (b) Housing that is rented by its inhabitants, whose gross annual household income does not exceed sixty-five percent (65%) of the county median income, as defined by the United States Department of Housing and Urban Development, and the total annual cost of the housing, including rent, utilities, and condominium association fees, is not more than thirty percent (30%) of the household's gross annual income. In a letter submitted via email on July 9, 2015, the applicant stated as follows: The 20 apartments created at 1200 Shelburne Road will be restricted to tenants earning less than 60% of AMI through a Housing Subsidy Covenant with the Vermont Housing and Conservation Board. In fact, the tenants will all likely be earning less than 30% of AMI as we are partnering with Safe Harbor which works with medically vulnerable homeless individuals. The Board finds that this criterion is met. -2- #SD-15-21 (2) Affordable Housing Development means a housing development of which at least fifty percent (50%) of the units are affordable dwelling units. Nineteen (19) of the twenty (20) units will be rented to individuals with lower than 60% AMI ( Area Median Income) considered affordable housing while the two -bedroom "manager's unit" will be restricted to individual with lower than 80% AMI. The Board finds that this development shall be considered an Affordable Housing Development. (3) Mixed Rate Housing Development means a housing development that has both market rate and below market rate dwelling units. The Board finds that this criterion is not applicable. (4) Below market rate households means households whose aggregate income does not exceed eighty percent (80%J of the county median income, as defined by the United States Department of Housing and Urban Development in the case of for -purchase housing, or does not exceed sixty-five percent (65%) of the county median income, as defined by the United States Department of Housing and Urban Development in the case of rental housing. The Board finds that this criterion is not applicable. C. Density Increase. On a case by case basis and as part of the Planned Unit Development application, the Development Review Board may grant an increase in residential density over base zoning density, in order to create below market rate housing. The density increases shall be approved on the following criteria and standards: (1) Affordable Housing Development. The Development Review Board may grant a density increase of no more than fifty percent (50%) in the total number of allowed dwelling units for an Affordable Housing Development. The total of below market rate units shall be at least half of the total proposed dwelling units. Where the total proposed dwelling units is an uneven number, the total of below market rate units shall be calculated as at least the total proposed dwelling units, less one (1), divided by two. Such application shall be subject to Article 15, Planned Unit Development and Article 14, Site Plan and Conditional Use Review. In a letter submitted via email on July 9, 2015, the applicant stated as follows: The density allowed by the zoning ordinance for this site is 15 units and the project proposes 20, so we are seeking a 33% density bonus due to the 100% of the units meeting the affordability definition. The Board finds that this criterion is met. For compliance with Article 15 and Article 14, see below. (2) Mixed Rate Housing Development. The Development Review Board may grant a density increase of no more than twenty-five percent (25%) in the total number of allowed dwelling units for a Mixed Rate Housing Development. For each additional market -rate dwelling unit produced as a result of the density increase, one (1) comparable below market rate unit must be provided. Such application shall be subject to Article 15, Planned Unit Development and Article 14, Site Plan and Conditional Use Review. -3- #SD-15-21 D. Criteria for Awarding Density Increase. In addition to the standards found in Article 15, Planned Unit Development and Article 14, Site Plan and Conditional Use Review, the following standards shall guide the Development Review Board: (1) The density upon which a bonus may be based shall be the total acreage of the property in question multiplied by the maximum residential density per acre for the applicable zoning district or districts. The applicant seeks to convert the 24 room motel into 20 long-term rental apartments comprised of six (6) 1-bedroom units, thirteen (13) efficiencies and one (1) 2-bedroom unit. The base density of the property is 15 units within the Cl-R15 Portion of the property. (2) Within the Residential 1 and Residential 2 zoning districts, the provisions of this Section 13.14 shall apply only to properties of five (5) acres or more, and the maximum allowable residential density with or without such a density increase shall be four (4) dwelling units per acre. The Board finds that this criterion is not applicable. (3) Development Standards. (a) Distribution. The affordable housing units shall be physically integrated into the design of the development in a manner satisfactory to the Development Review Board and shall be distributed among the housing types in the proposed housing development in the same proportion as all other units in the development, unless a different proportion is approved by the Development Review Board as being better related to the housing needs, current or projected, of the City of South Burlington. The motel is being converted into the proposed development with little change to the actual building. There is only one type of housing proposed in the development. The Board finds that this criterion is not applicable. (b) Minimum Floor Area. Minimum gross floor area per affordable dwelling unit shall not be less than comparable market -rate units in the housing development. There are no market rate units in the development. The Board finds that this criterion is not applicable. (c) Plan for Continued Affordability. Affordable housing units shall be available for sale, resale or continuing rental only to qualified below market rate households. The plan shall include a mechanism acceptable to the City Attorney for controlling resale and re -tenanting the individual affordable housing units that ensures that the unit will remain affordable in perpetuity. The City of South Burlington may as needed set a cap on resale prices such that the resale price must not exceed an appreciation on equity of a set percentage. As noted above, the applicant's July 9, 2015 letter stated: The 20 apartments created at 1200 Shelburne Road will be restricted to tenants earning less than 60% of AMI through a Housing Subsidy Covenant with the Vermont Housing and Conservation Board. -4- #SD-15-21 The applicant later clarified via email on July 14, 2015 that the restrictions would be 80% of AMI for the two bedroom manager unit (unit #1) and 60% AMI for the remaining nineteen units ( units #2 through #20). The Board finds that this criterion is met. (4) Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified non-profit organization shall be responsible for the on -going administration of the affordable housing units as well as for the promulgation of such rules and regulations as may be necessary to implement this program. The Housing Authority or non-profit organization will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. In a letter submitted via email on July 9, 2015, the applicant stated as follows: The Champlain Housing Trust is a bona fide qualified non-profit organization. In addition, we will be entering a Housing Subsidy Covenant with the Vermont Housing and Conservation Board, a state funded affordable housing organization that will restrict affordability. The Board finds that this criterion is met. E. Housing Types. The dwelling units may at the discretion of the Development Review Board be of varied types including one family, two-family, or multi family construction, and studio, one -bedroom, two -bedroom, and three -bedroom apartment construction. The applicant seeks to convert the 24 room motel into 20 long-term rental apartments comprised of six (6) 1-bedroom units, thirteen (13) efficiencies and one (1) 2-bedroom unit. The Board finds this mix of dwelling units to be appropriate and that this criterion is met. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: (A)(1)Sufcient water supply and wastewater disposal capacity is available to meet the needs of the project. According to an email and documentation submitted by the applicant on July 16, 2015: Please find attached water and wastewater calculations submitted to the ANR with our WW Permit Amendment application. The flows were decreased so we were not required to get any allocation letters from the City. Skip McClellan Krebs and Lansing Consulting Engineers, Inc. The Board considers this criterion to be met. -5- #SD-15-21 (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. The plans submitted include notes on erosion control. In an email to staff dated July 14, 2015, the Department of Public Works Director, Justin Rabidoux stated: "I'm ok with this plan." The Board considers this criterion to be met. (A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Parking: The project will restore substantial areas of paved area to grass. 20 paved parking spaces are proposed along with 13 additional spaces in a "reserved area" for a total of 33 spaces. If the "reserved parking" area is used, two (2) of the 20 paved spaces would have to be removed to provide access to the 13 spaces resulting in a total of 31 spaces available. The Board at sketch plan agreed that they would grant a 25% waiver from the 40 space requirement bringing the minimum number of spaces to 30. According to Table 13-1 of the LDRs, a total of 40 spaces would be required to serve the 20 dwelling units and therefore the project has a shortage of 9 spaces or 22.5%. Pursuant to Section 13.01(N) (2), the Board could grant a waiver of up to 25% or ten spaces. The Board finds that a waiver is warranted as the project is located adjacent to a CCTA bus stop and 19 of the 20 units are efficiencies or one bedroom units and hereby grants a waiver of 9 spaces or 22.5% for a total of 31 spaces. L. Reserved Parking. In the event that an applicant can demonstrate to the Development Review Board that its present parking needs do not necessitate the construction of the number of parking spaces required herein, the Development Review Board may approve a site plan requiring the present construction of a lesser number of spaces. In such an event, the site plan shall show sufficient spaces reserved for future parking requirements with the combined number of spaces being not less than that required by Table 13-1 through 13-6. In all cases, at least two-thirds (2/3s) of the number of required parking spaces shall be provided. The remaining reserved space shall remain unpaved or kept pervious until such time as it is needed, unless the reserved area is used for internal circulation. The reserved area shall be shown on any site plan. The Development Review Board may order the property owner to install the future parking spaces if, at the Administrative Officer's recommendation and the Development Review Board's sole discretion, the need for additional spaces arises. For example, a change in the use(s) or the ownership of the parcel may be enough to require the installation of the parking spaces. In the event that the owner fails to install the additional parking spaces within one hundred twenty (120) days of being so ordered, the Administrative Officer shall revoke the certificate of occupancy for the premises, and the City Attorney may take appropriate action in a court of competent jurisdiction to restrain the use of said premises. When this subsection is utilized, the site plan shall contain a statement, signed by the applicant in such a form as shall be approved by the City Attorney, consenting to the provisions contained herein. In addition, the property owner shall be required to submit a #SD-15-21 covenant, for filing in the City Records office, in such a form as shall be approved by the City Attorney, indicating consent to the provisions of this subsection. As noted above, the Board finds that 30 spaces shall be the required amount of parking. The applicant is proposing to construct 20 paved parking spaces and designate a parking reserve area with 13 spaces. The applicant indicates that they "are partnering with Safe Harbor which works with medically vulnerable homeless individuals." Given this situation, the applicant anticipates that the 20 spaces provided will be adequate. The Board finds that the criteria for Reserved Parking are met and that the applicant is only required to construct twenty (20) of the required thirty (30) spaces at this time. The Board finds that the site plan shall contain a statement, signed by the applicant in such a form as shall be approved by the City Attorney, consenting to the provisions contained herein. In addition, the property owner shall be required to submit a covenant, for filing in the City Records office, in such a form as shall be approved by the City Attorney, indicating consent to the provisions of this subsection. (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. There are no wetlands, streams, wildlife habitat as identified in the Open Space Strategy nor are there unique natural features on the site. (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. No significant exterior changes are proposed to the building. The aesthetics of the property will be improved by new landscaping and the conversion of asphalt areas to lawn. 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 Board finds that this criterion is not applicable. (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 applicant shall comply with the recommendations from the Fire Chief. (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. SIR #SD-15-21 In an email to staff dated July 14, 2015, the Department of Public Works Director, Justin Rabidoux stated: "I'm ok with this plan." The Board finds that the extension of services and infrastructure to adjacent landowners will not be materially impacted by this project and 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). According to the Comprehensive Plan, the goals and objectives for this area of the City is as follows: 3. Commercial Centers These areas generally follow the Shelburne Road and Williston Road Corridors. These areas are intended to consist predominantly of commercial uses, however, residential and industrial can be mixed throughout the area. These centers are generally already developed with commercial establishments. Therefore, growth will occur primarily as infill or conversion development. The City encourages mixed -use development in these areas (e.g. mixed residential/commercial or mixed retail/office/restaurant) to encourage pedestrian movement, use of public transportation services, and shared parking opportunities. These areas are intended to meet both local and regional shopping and employment needs. The project represents a conversion development and is therefore consistent with the Plan. The Board finds that this criterion is met. 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. 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. In an email to staff dated July 14, 2015, the Department of Public Works Director, Justin Rabidoux stated: "I'm ok with this plan." New landscaping is proposed. The application did not include either a planting schedule or a budget for the new plantings. The plan should be revised to include a planting schedule and a budget. #SD-15-21 Snow storage area(s) are not shown on the plan. The plan should be revised to show snow storage area(s). As noted above the Board found the proposed parking plan to be adequate spaces. The closure of a second curb cut on the property will improve pedestrian safety. In an email to staff dated July 16, 2015 the City Arborist commented as follows: The only landscaping appears to be 3 crabapples located in an area that is partially paved. The plans should specify how they intend to make these areas suitable for planting (reducing compaction, amending/replacing soil etc.) Tree Planting Details and Specifications should also be included in the plans The Board finds that the applicant shall comply with the City Arborist's comments. (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. The parking is located to the side of the building. The Board finds that this criterion is met. (b) ........ (c) ......... (d) ........ The Board finds that criteria (b), (c) and (d) are not 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. No changes to the building are proposed. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. No new utility services or modifications are proposed. The Board finds that this criterion is not applicable. 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. There are no changes proposed to the appearance of the building. The Board finds that this criterion is met. r #SD-15-21 (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 are no changes proposed to the appearance of the building. The Board finds that this criterion is met. OTHER- Storage Building The existing storage building is located in the rear of the property, in small area (0.16 acres) within the Residential-4 District. No changes proposed. The Board finds that as this is a Planned Unit Development, the building shall be considered accessory to the principal use on the property. OTHER — Stormwater In an email to staff dated July 14, 2015, the Deputy Director of the Department of Public Works provided the following comments: [Dated July 14, 2015] Dan, I reviewed the "Beacon Place" site plan prepared by Krebs and Lansing, dated 316115 with no updates. I would like to offer the following comments: The project is located in the North Brook watershed, which is part of the City's Stormwater Management Overlay District. However, because the project proposes to reduce the overall impervious area on the property from 26,650 s.f. to 24,960 s.f it is not subject to the requirements of section 12.03.C. The applicant is encouraged to find additional opportunities to reduce the amount of runoff leaving the site and draining to Shelburne Road. Consider taking advantage of opportunities to direct roof downspouts, sidewalk, and parking lot to grassed areas for disconnection and infiltration. Thank you for the opportunity to comment. -Tom Thomas J. DiPietro Jr. Deputy Director -10- #SD-15-21 [Dated July 15, 2015] Dan, After reviewing the "Beacon Place" site plan prepared by Krebs and Lansing, dated 316115, 1 would like to offer the following comments: 1. The applicant should show snow storage locations on the site plan. 2. On Sheet D-2: - Soil and Seeding Note 3: Consider using a low or no phosphorus fertilizer to establish turf. - Construction Notes 1 & 3 should read "City of South Burlington', rather than "City of Burlington". - Erosion Control Matting notes do not appear to be arranged as intended. 3. On Sheet D-3 - Typical Storm Trench Detail should be consistent with Note 9 on SP-1, as storm drains are called out as HDPE. Thanks, Dave [Wheeler] The Board directs the applicant to comply with these comments. CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. The Board finds that the proposed project will not have an undue adverse impact on existing or planned community facilities. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. As noted in Section 5.01of the LDRs, the purpose of the Commercial 1 District is as follows: A Commercial 1 District is hereby formed in order to encourage the location of general retail and office uses in a manner that serves as or enhances a compact central business area. Other uses that would benefit from nearby access to a central business area, including clustered residential development - 11 - #SD-15-21 and small industrial employers, may be permitted if they do not interfere with accessibility and continuity of the commercial district. Large -lot retail uses, warehouses, major industrial employers, and incompatible industrial uses shall not be permitted. Planned Unit Developments are encouraged in order to coordinate traffic movements, promote mixed -use developments, provide shared parking opportunities, and to provide a potential location for high - traffic generating commercial uses. Any uses not expressly permitted are prohibited, except those that are allowed as conditional uses. The Board finds the proposed conversion to be compatible with the existing character of the area. The proposed conversion will increase the amount of housing options available to vulnerable populations. (3) Traffic on roads and highways in the vicinity. In an email to staff dated July 14, 2015, the Department of Public Works Director, Justin Rabidoux stated: "I'm ok with this plan." The adequacy of existing off-street parking is maintained. Safety will be improved due to the elimination of one curb cut. (4) Bylaws and ordinances then in effect. Except where the DRB has discretionary authority noted above, the property is in compliance with the bylaws in effect, or is a pre-existing non -conformity. (5) Utilization of renewable energy resources. The proposed project will have no undue adverse impact on the utilization of renewable energy resources such as rooftop solar or wind. The Board finds that project has met the Conditional Use Criteria noted above. AOT LETTER OF INTENT The state statutes now require that an applicant submit a Letter of Intent (LAI) from the Agency of Transportation before a decision can be rendered when a project has an access to a state highway. The applicant provided a copy of said LOI from the Vermont Agency of Transportation dated June 11, 2015. The Board finds that this criterion is met. 10.02 Traffic Overlay District A. Purpose. It is the purpose of the Traffic Overlay District to provide a performance - based approach to traffic and access management associated with development and re- development of properties in high traffic areas of the City. It is the further purpose of the Traffic Overlay District to provide a means by which the allowable uses and the arrangement -12- #SD-15-21 and intensity of uses on a given parcel may be regulated, above and beyond District regulations, based on traffic generated and impacts on City access management goals. It is the further purpose of the Traffic Overlay District to provide incentives to improve site design and access management during the development and redevelopment process, in keeping with the goals and objectives of the City's Comprehensive Plan. B. Comprehensive Plan ................................... C. Permitted Uses ............................. D. Conditional Uses ........................ E. Establishment of Traffic Overlay Zones. The following zones are established based on their location in relation to the identified critical intersections or roadways on the Overlay District Map .......................... (1) Traffic Overlay Zone 1...... (2) Traffic Overlay Zone 2. Zone 2 shall consist of all lots with access to a high -volume roadway segment as identified on the Overlay District Map. Zone 2A:................. Zone 2B: Access to a high -volume roadway via a public roadway with an unsignalized intersection The project is located in Traffic Overlay District Zone 2-13 Zone 2C:............................... (3) Traffic Overlay Zone 3.................... F. Calculation Procedures for Traffic Overlay Zones. (1) Maximum Allowable Traffic Generation (Traffic Budget). The size of an allowable use on any lot in a traffic overlay zone shall be such that its traffic generation will not exceed the maximum allowable traffic generation — the Traffic Budget. The traffic budget is calculated by multiplying the size of the lot by the maximum traffic generation rate (i.e. maximum peak hour trip ends per 40,000 SF) applicable to the traffic overlay zone in which the lot is located as shown in Table 10-1 below ............................ (2) Estimating the traffic generation of the proposed use: .............................. (3) Peak Hour for evaluation ................................... G. Peak Hour Trip Generation Limits per 40,000 SF of land area: The maximum permitted peak hour volume per 40,000 square feet of land area in any zone shall be as set forth in Table 10-1 below. Table 10-1 Maximum Peak Hour Trip Ends per 40,000 SF -13- #SD-15-21 Zone Max. number of peak hour trip ends per 40,000 SF of land area 1 15 2A 20 2B 25 2C 30 3 45 The above allowable traffic generation rates assume a mix of right -turn and left -turn movements in and out of the site driveways ................. The "traffic budget" for the property is calculated as follows: Land Area of Property = 49,746 s.f. (1.142 acres) = 1.24 40,000 SF 1.24 x 25 Max Trip Ends per Zone 2B = 31 Maximum Trip Ends Coincidentally, the existing motel and the proposed low-rise apartment share the same average trip generation rate of 0.59 trips per room. The estimated traffic from the existing motel (LUC #320, motel) is calculated as follows: 24 motel rooms x 0.58 trip generation per occupied room = 13.9 trips Based upon 20 dwelling units, the project (LUC #221, low-rise apartment) is calculated as follows: 20 motel rooms x 0.58 trip generation per occupied room = 11.6 trips. The traffic budget is not exceeded and no additional VTEs are to be generated. H. Standards for Adjustments to a Project's Traffic Generation Calculation or to a Site's Traffic Budget (1) .................... (2)................................... (3) In making its determination of whether other site improvements will produce a net benefit for traffic flow the Development Review Board may consider the following: (a) ................... (g)• 1. Other Traffic Impact Considerations ....................................... The Board finds that the project meets the criteria of Section 10.2 Traffic Overlay District. -14- #SD-15-21 DECISION Motion by Bill Miller, seconded by John Wilking, to approve preliminary and final plat application #SD-15-21 of Champlain Housing Trust, subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision shall remain in full effect. 2. This project shall be completed as shown on the plat submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 3. The plans shall be revised to show the changes below and shall require approval of the South Burlington Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to recording the final plat plans. a. The plans shall be revised to incorporate the City Arborist's recommendations. b. The plans shall be revised to incorporate the Department of Public Works' recommendations regarding stormwater. c. The plan shall be revised to include a planting schedule and a budget. d. The plan shall be revised to include snow storage area(s). 4. The applicant shall adhere to the comments regarding stormwater from the Department of Public Works as outlined in the emails dated July 14, 2015 and July 15, 2015. 5. The applicant shall adhere to the comments of the City Arborist as noted in the email of July 16, 2015. 6. Prior to permit issuance, the applicant shall post a landscaping bond in the amount of the landscaping budget. 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. 7. All exterior lighting shall consist of downcasting, shielded fixtures. Prior to the issuance of a zoning permit, the applicant shall provide the Administrative Officer cut -sheets of any new exterior light fixtures. 8. The applicant shall 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. 9. The applicant shall coordinate implementation of the South Burlington Fire Chiefs recommendations prior to the issuance of a Certificate of Occupancy. 10. The applicant shall be responsible to regularly maintain all stormwater treatment and conveyance structures on -site. 11. Pursuant to subsection 13.14, D.3.c of the City's Land Development Regulations the applicant shall submit a plan to ensure continuing affordability that includes "a mechanism acceptable to the City Attorney for controlling resale and re -tenanting the individual affordable housing units that ensures that the unit will remain affordable in -15- #SD-15-21 perpetuity." The applicant shall also submit a copy of its Housing Subsidy Covenant agreed to with the Vermont Housing and Conservation Board. This plan shall be provided prior to the issuance of a Certificate of Occupancy. 12. Prior to permit issuance, the site plan shall be revised to contain a statement, signed by the applicant in such a form as shall be approved by the City Attorney, consenting to the provisions contained herein regarding 13.01 L Reserved Parking. In addition, the property owner shall be required to submit a covenant, for filing in the City Records office, in such a form as shall be approved by the City Attorney, indicating consent to the provisions of this same subsection, also prior to permit issuance. 13. Prior to issuance of a zoning permit, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 14. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the change in use will generate zero (0) additional vehicle trip ends during the P.M. peak hour. 15. The mylar shall be recorded prior to any zoning permit issuance. 16. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 17. The final plat plan (survey plat) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Brian Breslend 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 5— 0 — 0. r,S � Signed this) day of -' ` �` 2015, by Tim Barritt, 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 -16- #SD-15-21 802-828-1660 or http://vermonteudiciary.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 802.879.5676 to speak with the regional Permit Specialist. 17-