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HomeMy WebLinkAboutSP-22-004 - Decision - 0510 Shelburne Road#SP-22-004 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHAMPLAIN OIL COMPANY, LLC & BACON STREET PROPERTIES 510 SHELBURNE STREET SITE PLAN APPLICATION #SP-22-004 FINDINGS OF FACT AND DECISION Site plan application #SP-22-004 of Champlain Oil Company, LLC to amend a previously approved plan for a mixed commercial use building on an existing 0.68 acre lot. The amendment consists of increasing the square footage from 13,818 sf to 19,168 sf by adding one and a half stories, adding 9 residential units, and expanding the array of allowed commercial uses, 510 Shelburne Road. The Development Review Board held a public hearing on March 2, 2022. Brian Cairns, Lucy Thayer, Tyler Cote, and Colen Johnson 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. This project consists of Site Plan application #SP-22-004 of Champlain Oil Company, LLC to amend a previously approved plan for a mixed commercial use building on an existing 0.68 acre lot. The amendment consists of increasing the square footage from 13,818 sf to 19,168 sf by adding one and a half stories, adding 9 residential units, and expanding the array of allowed commercial uses, 510 Shelburne Road. 2. The Project is located in the Commercial 1-Residential 15 (C1-R15) Zoning District. It is also located in the Transit Overlay District, Traffic Overlay District and the Urban Design Overlay District 3. The Board approved a site plan for this project on September 9, 2020 (#SP-20-029). The applicant has not yet pursued a zoning permit for that approval, though the approval has not yet expired. This application presents a substantially similar site plan, though the building is now proposed to be taller and contain residential units. 4. The owners of record of the subject property are Champlain Oil Co, LLC and Bacon Street Properties, LLC. 5. The application was received on February 4, 2022. 6. The plans submitted consist of the following: Sheet No. Description Prepared By Last Revised Date C0-00 Cover TCE 01/11/2022 C1-00 Legend & Notes TCE 01/11/2022 C1-01 Existing Conditions TCE 01/11/2022 C1-02 Demo Remediation & EPSC TCE 01/11/2022 C2-01 Site Plan TCE 03/02/2022 C2-02 Grading Plan TCE 02/04/2022 #SP-22-004 C3-01 Utility Plan TCE 02/04/2022 C4-01 Stormwater Plan TCE 02/11/2022 C8-01 Site Details TCE 01/11/2022 C8-02 Site Details TCE 02/04/2022 C8-03 & C8-04 Sanitary Details TCE 01/11/2022 C8-05 EPSC Details TCE 01/11/2022 C8-06 & C8-07 Stormwater Details TCE 01/11/2022 C8-08 & C8-09 EOSC Low Risk Handbook TCE 01/11/2022 C10-01 Fire Truck Turning Radius TCE 01/11/2022 LA 2-01 Landscape Plan TCE 03/02/2022 LA 2-02 Landscape Details TCE 01/11/2022 LI 2-01 & LI 20- 02 Lighting Details and Plan TCE 01/11/2022 S1-01 Plat TCE 09/13/2019 A101 First Floor Plan Rabidoux Architects 02/25/2022 A102 Second Floor Plan Rabidoux Architects 02/25/2022 A103 Third Floor Plan Rabidoux Architects 02/25/2022 A104 Fourth Floor Plan Rabidoux Architects 02/25/2022 A201, A202, A203 Exterior Elevations Rabidoux Architects 02/25/2022 A901 Northwest Perspective Rabidoux Architects 02/25/2022 A902 Southeast Perspective Rabidoux Architects 02/25/2022 ZONING DISTRICT & DIMENSIONAL REQUIREMENTS C1-R15 Zoning District Required Existing Proposed X Min. Lot Size, non-residential use 40,000 SF 29,700 sf 29,700 sf —Max. Building Height 5 stories 1 story 4 stories —Max. Building Coverage 40% 6.7% 16.7% X Max. Overall Coverage 70% 86.5% 78.1% X Max. Front Setback Coverage, Shelburne St 30% 98.6% 28.9% X Max. Front Setback Coverage, Bacon St 30% 69.7% 67.9% —Min. Front Setback, Shelburne St 20 ft. 52 ft. 20 ft. X Min. Front Setback, Bacon St1 20 ft. 20 ft. 20 ft. —Min. Side Setback 10 ft. 67 ft. 28 ft. —Min. Rear Setback 30 ft. N/A N/A 1. For the purposes of this application, the Board finds Bacon Street is part of the Urban Design Overlay district. The urban design overlay district allows a 20-ft setback, but requires a principal entry and 40% glazing. The Bacon Street façade is included in the discussion of urban design overlay standards below. Since the site is proposed to be a complete redevelopment, existing nonconformities are considered sunset. The Board does not have the authority to waive lot coverage, but because the project is located in the Urban Design Overlay district, the applicant may utilize transfer of development rights (TDRs) or #SP-22-004 an on-site open/civic space to increase lot coverage up to 10% over the maximum allowed in the district, to 80%. (1) On-Site Open/Civic Space Option. The applicant shall demonstrate compliance with each of the following standards as part of any proposal to increase lot coverage under this subsection: (a) For each additional increment of lot coverage, an area on the site equal to thirty (30) percent of said increment shall be designated on the site plan for the subject parcel as one or more Snippets/Parklets and/or Pocket/Mini-Parks as enumerated in Article 11.B; The applicant needs 2,405.7 sf of credit, therefore the open space must be at least 721.7 sf. The applicant has proposed an 806 sf “snippet/parklet” on the north side of the building. (b) The selected Open/Civic Space type(s) must comply with all requirements and guidelines for the applicable type in Article 11.B; The snippet/parklet is a small sitting area adjacent to the building. It will serve the general public, residents, employees or customers. It is greater than the minimum of 600 sf and less than the maximum of 4,000 sf. It is directly adjacent to an operable building entry. Seating is the main focus of the space. The Board finds seating must be fixed, constructed of high quality materials, and substantially similar to what is presented on the approved landscaping plan. Landscaping is a primary component of the space. (c) All elements of the applicable Open/Civic Space type shall be constructed prior to the issuance of a certificate of occupancy; (d) Where elements of such Open/Civic Space type are pre-existing, they may be used to qualify under this section; and, (e) Impervious areas within an approved Open/Civic Space shall not be considered lot coverage for the purposes of these Regulations. The Board finds the provided snippet/parklet fulfills the requirements to increase lot coverage as proposed by the applicant. The applicant is reducing front setback coverage on Shelburne Street and Bacon Street. Commercial 1-Residential 15 Zoning District The purpose of the Commercial 1 Zoning District is to encourage the location of higher density residential, retail, office and vertically mixed 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 and small industrial employers may be permitted. Warehouses, major industrial employers, and incompatible industrial uses shall not be permitted. Urban design supporting a transition for these areas from a suburban environment to compact centers is encouraged. In the C1-R15 zoning district, first story height shall no exceed 20 ft. Upper stories shall not exceed 14 feet. These criteria are met. The maximum residential density in the C1-R15 zoning district is 15 units an acre, or 10 units for this 29,700 sf site. This criterion is met. #SP-22-004 10.01 Traffic Overlay District This property is located in Traffic Overlay District Zone 1 which allows 15 trips per 40,000 sf of land area or 11 trips for this property. The applicant may generate up to the previously-approved trips without provision of mitigation, but additional trips beyond the previously-approved number will require mitigation for all trips over the trip budget of 11 vehicles per hour. The applicant has provided a Traffic Summary Memo, dated January 12, 2022. They calculate the previously approved use of a service station generated 112 trips per PM peak hour. While the City is transitioning between Directors of Public Works, the City has contracted with BFJ Planning to provide review of traffic studies. BFJ reviewed the Traffic Summary Memo on 2/15/2022 and provided the following comments. Trudell’s trip generation calculation is based on an assumed mix of ITE uses (Coffee/Donut Shop without Drive-Through/#936; Walk-In Bank/#911; Small Office Building/#712; Mid-Rise Multifamily Housing/#221) and is estimated to generate 112 weekday PM peak hour trips. This trip generation estimate of the proposed development is exactly equal to the estimated ITE trip generation of the existing gas station. BFJ analysis upholds Trudell’s findings that the traffic generation estimates calculated for the proposed mix of ITE uses does not exceed the 112 weekday PM peak hour trips generated by the existing gas station. Our analysis based on the ITE Traffic generation 11th edition projects slightly lower generation volumes compared to the applicant’s Memo. As noted in the Traffic Summary memo, the proposed commercial uses in Trudell’s analysis are demonstrative. Exact commercial uses are to be finalized prior to building occupation. BFJ sees the Walk-in Bank ITE use as relatively conservative as this is estimated to generate more traffic than other potential uses such as a High-Turnover Restaurant (ITE #932). As alluded to by BFJ, the applicant has requested umbrella approval under 3.09B for all of the allowable uses in the C1-R15. The applicant’s request for umbrella approval is discussed below. 3.09B Umbrella Approval for Multiple Uses With an umbrella approval, the applicant may change uses by issuance of a zoning permit rather than being required to request DRB approval. The umbrella approval must establish a maximum number of allowable trip ends, plus any additional numerical criteria the Board finds appropriate, such as wastewater generation, gross floor area allocated to each use, restaurant seats, etc. The Board finds some of the requested uses are not compatible with the proposed building and therefore should not be permitted under an umbrella. The Board finds the following uses shall be allowed subject to zoning permit approval. Community Center Hospice Cultural Facility Educational Facility Educational Support Facility Retail Sales Personal Instruction Facility Place of Worship Artist Production Studio Tavern, Night Club & Private Club Photocopy & Printing Shops, with accessory retail Licensed Non-residential Child Care Facility Financial Institution Short Order Restaurant Indoor Theater Manufacturing & assembly from previously prepared materials & components General Office Medical Office #SP-22-004 Personal or Business Service Pet Grooming Research Facility or Laboratory Radio & Television Studio Indoor Recreation Facility Exclusion of a use from the umbrella permit does not prohibit the applicant from applying for that use; they simply must obtain a site plan approval to do so. The combined uses must not exceed 112 VTE. Compliance with this requirement must be demonstrated to be met at the time of zoning permit application for each of the uses established in the umbrella approval. 10.05D Urban Design Overlay District Standards (1) Entries. Buildings on subject properties must have at least one entry facing the primary road in the corridor. Any entry shall: (a) Be an operable entrance, as defined in these regulations. An operable entrance must be available for entry and exit and be available to the tenants of the building. The applicant is proposing three entrances on Shelburne Road and one entrance on Bacon Street. The Board finds this criterion met. (b) Serve, architecturally, as principal entry. Front entries shall be a focal point of the front façade and shall be an easily recognizable feature of the building. Possibilities include accenting front entries with features such as awnings, porticos, overhangs, recesses/projections, decorative front doors and side lights, or emphasis through varied color or special materials. This requirement does not preclude additional principal entry doors. The Board finds this criterion met. (c) Shall have a direct, separate walkway to the primary road. This walkway shall be at least eight (8) feet in width and may meander for design purposes, but must serve as a pedestrian-oriented access. The Board finds this criterion met. (2) Glazing. Windows are key to the overall design of a building and the relationship between its exterior and interior. (a) For all properties in the Urban Overlay District, a minimum of 75% glazing shall be transparent. The applicant testified that they have not determined transparency of glazing because tenants have not yet been identified. The Board finds the applicant must demonstrate that at least 75% of the minimum required first story glazing is transparent at the time of zoning permit application for occupancy of the building. (b) In non-residential units, first story glazing shall have a minimum height of 7 vertical feet All glazing is proposed to be more than 7-ft high. The Board finds this criterion met. (c) For residential uses, first story glazing shall have a minimum height of 5 vertical feet. This criterion is not applicable. #SP-22-004 (3) Dimensional Standards. On Shelburne Street, first stories must have a minimum of 60% glazing when measured by width. 60.4% of the width of the building is glazed. On Bacon Street, first stories must have a minimum of 40% glazing across the width of the building façade. 58.3% of the width of the building is glazed. The Board finds this criterion met. (4) Building Stores, Heights & Rooftop Apparatus (a) Minimum stores of buildings within the Urban Design Overlay District are defined as per Article 2-Definitions and Section 8.06(F)(1) of these regulations. The building must have a minimum of two stories. The Board finds this criterion met. (b) Section 8.06(G) of these regulations shall apply to rooftop elements of buildings within the Urban Design Overlay District. Because tenants are not yet selected, rooftop equipment is not yet designed. The applicant testified that rooftop equipment will be screened by siding to match the metal panels of the building in a height that matches or exceeds the height of rooftop equipment. The Board finds rooftop equipment 5-ft in height or less meeting this screening requirement shall not require a site plan amendment. (5) Landscaping. Projects within the Urban Design Overlay District shall meet minimum landscaping requirements as per Section 13.04 of these regulations. Projects are also subject to the following supplemental standards.: (a) Landscaping which is required elsewhere in these Regulations to serve as a buffer between properties shall not count towards the minimum landscaping budget. No buffering is required. This criterion is not applicable. (b) For lots with buildings which are set back 50 or more feet from the front lot line, at least 50 % of the required landscaping shall be installed between the front building line and the front lot line. The building is set back 20-ft from the front lot line. This criterion is not applicable. SITE PLAN REVIEW STANDARDS 14.06 General Review Standards 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. Transitions are discussed under 14.06(C) below. Adequacy of planting and pedestrian movement are discussed elsewhere in this document. For the proposed seven one bedroom and two two-bedroom units, 15 parking spaces are required. Thirty-three (33) parking spaces are provided. The Board finds parking minimums to be met. (2) Parking: #SP-22-004 (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 to be to the rear and side of the building. The Board finds this criterion met. (c) Parking Area Width. Surface parking areas and affiliated drive aisles located to the side of buildings shall not exceed the building width along any street frontage. This may be calculated separately or cumulatively for corner lots. Calculated cumulatively, the width of the building is approximately 152.5 ft, while the width of parking and affiliated drive aisles is approximately 120 feet (excluding the center parking lot island). The Board finds this criterion met. (d) 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. Buildings on Bacon Street are 4-stories high. The proposed building may be slightly taller and is proposed to have more massive architecture than the existing adjoining buildings, which the Board finds appropriate given its location in a node of the Urban Design Overlay district. 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. The applicant has provided renderings of the proposed building. The building is proposed to be clad in a mixture of brick, horizontal siding and vertical siding, with large cornices, cantilevered balconies and awnings, and protruding trim. Adjoining buildings are constructed of brick and horizontal and vertical siding, have large cornices, and cantilevered balconies. The Board finds the proposed structure to be particularly successful in complying with these criteria. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Environmental Protection Standards. All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. None of the resources identified in Article 12 exist on the site. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. #SP-22-004 These standards are contained in Article 13 and are discussed below. C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. Much of 15.A.14 pertains to the construction of streets, which are not applicable to this application. The applicable sections of 15.A.14 follow. The applicant is proposing to construct three parallel parking spaces in Bacon Street. The applicant must obtain a Permit to Open Streets or Right of Way in order to perform work in the Bacon Street ROW. 15.A.14 (D) Functional Capacity and Transit Oriented Development. The nearest signalized intersection or those intersections specified by the DRB shall have an overall level of service “D” or better, at the peak street hour, including the anticipated impact of the fully developed proposed PUD or subdivision. In addition, the level of service of each through movement on the major roadway shall have a level of service of “D” or better at full buildout. This project proposes to generate up to 112 vehicle trips. The applicant is proposing to relocate the existing Bacon Street curb cut farther from Shelburne Street, to close one of the Shelburne Street curb cuts thereby restricting vehicular access from Shelburne Street to be one-way in only. Staff considers the modified curb cuts will improve traffic. All modifications within the Shelburne Street Right of Way will require coordination with the City of Burlington. 15.A.14(E) Access and Circulation. The applicant must demonstrate that the street network is arranged to meet applicable access management, traffic, and pedestrian circulation standards under these Regulations, including criteria for site plans under Article 14, Transect Zone Subdivisions under Article 9, or a type of Planned Unit Development under Article 15.C; and, for state highways, VTrans Access Management Program Guidelines in effect at the time of application. Unless otherwise specified under these regulations, the street network, including the location and arrangement of streets, must be designed to: (1)-(6) not applicable (7) Provide for safe access to abutting properties for motorists, cyclists, and pedestrians, including safe sight distances, access separation distances, and accommodations for high-accident locations. There is an existing 50-ft wide access easement on the southwest corner of the site indicated on the provided plans as “To Farrell Street.” The applicant is proposing to reduce the connection between the site and the adjoining site from being completely open to a 25-ft driveway to the south. The applicant testified that the easement is conveyed from the adjacent property #1540-00520 to the benefit of the subject property, and that the applicant is satisfied that their needs are met by the relocated connection. The Board finds interpretation of the existing easement language to be the responsibility of the applicant and finds this criterion met. (8) Align access point with existing intersections or curb cuts and consolidate existing access points or curb cuts within the subdivision, to the extent physically and functionally feasible. #SP-22-004 As discussed above, the applicant is proposing to modify the existing curb cuts and consolidate existing access points. The Board finds the applicant has been particularly successful in addressing this criterion. (9) Minimize vehicular access point (curb cuts) to abutting properties and building lots along pedestrian oriented street frontage; and provide, where feasible, shared vehicular access to frontage and other abutting building lots via rear alleys, side streets, service lanes, shared driveways, or rear cross connections between adjoining parcels. Though this property could be designed to remove the curb cut entirely and share access with the adjoining site to the south, the Board finds the proposed site configuration an improvement over existing conditions and considers this criterion met. D. Transportation Demand Management (TDM) [reserved] E. Building Form. Development within the City Center Form Based Code District, the Urban Design Overlay District, and other districts with supplemental building form standards shall adhere to the standards contained therein. See discussion of urban design overlay standards under dimensional standards above. F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City Center Form Based Code, or Section 3.15(D) in all other zoning districts, shall be required to upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit requirements for additional upgrades as necessary to meet the requirements of these Regulations. Improvements within the Shelburne Street ROW are the jurisdiction of the City of Burlington. The Board finds Bacon Street to be considered a Local Neighborhood Street, which requires parking on one side, sidewalk on one side, 5 to 15 ft curb radius, and does not require curbing The applicant is proposing to make improvements within Bacon Street to consist of adding parallel parking and partial curbing. The Board finds this criterion met. F. Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. See 13.02F below for discussion of access. G. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met. Wire-served utilities are proposed to be underground. The Acting Director of Public Works reviewed the plans on February 16, 2022 and offers the following comments. #SP-22-004 1. The applicant will need to prepare and submit a Grease, Oil and Sand Interceptor Permit as part of this application. 2. All connections and work proposed in the Route 7 ROW are outside of South Burlington. The applicant will need to coordinate with the City of Burlington for work proposed in these areas. The Board finds the applicant must obtain a grease interceptor permit prior to issuance of a zoning permit. The South Burlington Water Department Director reviewed the plans on February 14, 2022 and offers the following comments. 1. The water line on Bacon Street is owned and supplied by the City of Burlington. They must be contacted to approve the proposed connection and use. 2. As shown on these plans the wastewater connection appears to flow to the City of Burlington. There have been some changes made to wastewater flows that might make this plan incorrect. Prior to connecting to the sewer main on Bacon Street, the flow direction and ultimately the receiving WW facility must be confirmed, and that information provided to the City of South Burlington and the South Burlington Water Department for correct billing information. 3. The SBWD will bill the property owner for stormwater based on South Burlington Stormwater information provided to this department. The Board finds the applicant shall comply with the comments of the SBWD Director prior to issuance of a zoning permit. H. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. The proposed dumpster location is to be screened with a shadowbox wooden fence. The Board finds the fence height must equal or exceed the dumpster height. SUPPLEMENTAL REGULATIONS 13.02 Off Street Parking and Loading F. Access management Requirements. It is the intent of the City to minimize traffic and pedestrian conflicts caused by vehicular driveways on public roadways by reducing the number of required driveways and by minimizing the number of vehicles utilizing such driveways off public roadways. All applicants must make an effort to reduce these impacts. All commercial lots (retail, restaurant, office, service uses, excluding residential, agricultural and industrial uses) located adjacent to other commercial lots must provide a driveway connection to any adjacent commercial lot. If the adjacent property owner does not want to provide for that connection, the applicant must provide an easement to do so in the future when circumstances may change. This driveway connection or easement should be located where vehicular and pedestrian circulation is most feasible. A cross-lot connection is provided. #SP-22-004 G. Design requirements for Parking Spaces, Parking Aisles, Lighting and Landscaping (1) Design requirements for off-street parking and loading are provided in Table 13-2 and Figure 13-1, Section 13.04, Landscaping , Screening, and Street Trees, and Section 13.07, Exterior Lighting. All paved parking spaces shall be striped or otherwise physically delimited. Dimensional requirements are met. Parking lot landscaping and lighting are further discussed below. (2) The location of parking areas and loading docks shall prevent conflicts with entering and existing traffic onto a public street and prevent conflicts between vehicles and pedestrians. The distance between access points and parking areas shall be adequate to minimize blockage and prevent back-ups onto the public street. The applicant is increasing the distance between entrance into the parking area and the street intersection and aligning the driveway with the driveway across Bacon Street. The Board finds this criterion met. (3) Provision shall be made for access by police, fire and emergency vehicles. The site is largely similar to that which was approved in 2020. The Fire Chief reviewed the plans on 2/23/2022 and indicated “They have met all of the IBC, NFPA 1 Chpt 18 & all applicable city ordinances regarding FD access.” The Board finds this criterion met. (4) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be separated from motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate sidewalks, shall be provided on the site and its approaches. The pedestrian circulation on site shall be designed to minimize adverse effects of vehicular traffic on sidewalks and recreation paths. The Board finds that appropriate pedestrian accommodations have been provided. (5) Bicycle parking or storage facility. See Section 13.03 (6) Stormwater management strategies that facilitate infiltration including but not limited to recessed planting islands, bioretention facilities, and pervious parking spaces are encouraged in the design of any off-street parking or loading area. Stormwater management is discussed under 13.05 below. 13.03 Bicycle Parking and Storage. The applicant has provided two bicycle racks, providing parking for four bicycles. Required Bike Parking Required Short Term (1 per 5k sf retail and office, 1 per 10 units residential, minimum 4) 4 Long Term (50% of short term retail and office, 1 per unit) 10 Clothes Lockers 1 #SP-22-004 There is a bike storage room on the first floor with storage for ten bicycles and a clothes locker. The Board finds that the bicycle storage room must be available for use of all tenants of the building, including both commercial and residential tenants. 13.04 Landscaping, Screening & Street Trees The City Arborist reviewed the plans on 2/14/2022 and offers the following comments. • Due to existing site conditions i.e. pavement/compacted soils, soil replacement and/or decompaction of soils will most likely be necessary to provide conditions suitable for tree and shrub growth • Be aware that crabapples slated to be planted in the greenbelt along Shelburne Rd are in the city of Burlington’s Right of Way B. Except for parking spaces accessory to a one-family or two-family dwelling, all off-street parking areas subject to review by the Development Review Board, shall be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers, as approved by the Development Review Board. Sections of recessed curb are permitted if their purpose is to allow stormwater runoff from the adjacent parking area to reach stormwater collection, treatment and management infrastructure. The Development Review Board shall consider the adequacy of the proposed landscaping to assure the establishment of a safe, convenient, and attractive parking area and the privacy and comfort of abutting properties. (1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees, shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of the parking lot from the public way and from adjacent uses and properties, and to provide shade and canopy for the parking lot. In some situations it may be necessary both for surveillance purposes and for the perception of safety to install the size and type of plants that leave visual access between the parking lot to the public way or other pedestrian areas. Parking areas are proposed to be landscaped. The applicant has proposed some shrub plantings within the City Right of Way on Bacon Street. These shrub plantings were required by the Board in 2020 to provide screening, and the Board also required the applicant to sign a license agreement with the City for maintenance of landscaping within the ROW. The Board finds the trees and shrubs within the Bacon Street right of way shall count towards the minimum landscaping budget. The applicant has demonstrated that the crabapples in the Shelburne Road ROW will be allowed by the City of Burlington, therefore the Board finds they may be counted towards the minimum required landscaping budget. (2) In all parking areas containing twenty-eight (28) or more contiguous parking spaces and/or in parking lots with more than a single circulation lane, at least ten percent (10%) of the interior of the parking lot shall be landscaped islands planted with trees, shrubs and other plants. Such requirement shall not apply to structured parking or below-ground parking. #SP-22-004 33 parking spaces are provided. The applicant has provided 1,724 sf of interior parking lot islands for the 15,421 sf parking area. This criterion is met. (3) All interior and perimeter planting shall be protected by curbing unless specifically designed as a collection and treatment area for management of stormwater runoff as per 13.04(B)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and shall have a minimum square footage of sixty (60) square feet. Large islands are encouraged. Curbing is provided. The Board finds this criterion met. (4) Landscaping Requirements (a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting shall be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall be salt-tolerant. The Board finds this criterion met. (b) At least one (1) major deciduous shade tree shall be provided within or near the perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. 33 parking spaces are provided, requiring 7 shade trees. 7 shade trees are provided. The Board finds this criterion met. (c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when measured on the tree stem, six (6) inches above the root ball. This criterion is met. (d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species should be grouped or located in a manner that reinforces the design and layout of the parking lot and the site. The Board finds this criterion to be met. (e) Within the City Center FBC District, landscaping required within this section shall not count towards meeting minimum landscape budget requirements as detailed in Section 13.04(G). This criterion is not applicable. (7) Snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface waters. Snow storage is proposed on the east side of the parking area. When snow is in place, the required parking minimums will still be met. The Board finds this criterion met. C. Screening or buffering. The Development Review Board will require landscaping, fencing, land shaping and/or screening along property boundaries (lot lines) whenever it determines that a) two adjacent sites are dissimilar and should be screened or buffered from each other, or b) a property’s appearance should be improved, which property is covered excessively with pavement or structures or is otherwise insufficiently landscaped, or c) a commercial, industrial, and multi-family use abuts a residential district or institutional use, or (d) a parking or loading area is adjacent to or visible from a public street. #SP-22-004 The Board finds the project to be similar to adjacent uses and this criterion to be not applicable. D. Front Yards of Non-Residential and Multi-Family Uses. In the case of non-residential and multi- family uses, the required front yard and/or the frontage along designated arterial and collector streets (see Article 3, Section 3.06 for this list) shall be suitably landscaped and maintained in good appearance. Landscape elements that reduce stormwater runoff and promote stormwater infiltration are encouraged. The Development Review Board shall require the applicant to meet the provisions of sections 13.04(F) and (G). The applicant is proposing landscaping and stormwater treatment in the front yard. Trees are not proposed. The Board finds this criterion met. G(3) Landscaping Budget Requirements. The Development Review Board shall require minimum planting costs for all site plans, as shown in Table 13-4 below. In evaluating landscaping requirements, some credit may be granted for existing trees or for site improvements other than tree planting as long as the objectives of this section are not reduced. The costs below are cumulative; for example, a landscaping budget shall be required to show a planned expenditure of three percent of the first $250,000 in construction or improvement cost plus two percent of the next $250,000 in construction or improvement cost, plus one percent of the remaining cost over $500,000. The landscaping budget shall be prepared by a landscape architect or professional landscape designer. The required minimum landscaping budget is $42,500 for an estimated project cost of $3,500,000. The applicant has provided the following landscaping elements Trees & Shrubs $18,470 Perennials, Grasses, Vines, & Groundcovers $13,455 Bioretention Plantings $7,492 Benches $4,000 Total $43,957 The applicant has requested the value of all these elements be applied towards the minimum required landscaping cost. The Board finds the proposed landscaping elements shall count towards the required minimum landscaping budget, except the perennial plantings shall be maintained in perpetuity on a square footage basis rather than on a plant by plant basis. The perennial beds shall be maintained in perpetuity with plantings of substantially similar value and quality as that shown on the approved plans, and such perennial beds shall be considered as a required element of the approved landscaping plan. 13.05 Stormwater Management Stormwater standards apply when one-half acre or more of impervious surface exists or is proposed to exist, and where 5,000 sf of impervious is created or reconstructed. The City Stormwater Section reviewed the proposed plans on 2/22/2022 and offers the following comments. The DRB should include a condition requiring the applicant to regularly maintain all stormwater treatment and conveyance infrastructure. 13.07 Exterior Lighting Lighting requirements are summarized as follows. #SP-22-004 (1) Fixtures must be downcast and shielded (2) Illumination must be evenly distributed (3) Fixtures must be placed to minimize lighting from becoming a nuisance (4) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish (5) Poles & building mounted fixtures may be no higher than 30-ft (6) Poles must be located in safe locations Specific requirements for maximum illumination levels are included in Appendix A and are limited to 3 foot candles average at ground level. The applicant has provided a photometric drawing indicating this criterion is met. Proposed fixtures otherwise meet the lighting requirements. The Board finds lighting requirements to be met. 3.18 Energy Standards All new buildings are subject to the Stretch Energy Code pursuant to Section 3.18: Residential and Commercial Building Energy Standards of the LDRs. This now includes provision of a solar-ready roof. The applicant testified that the building will meet the stretch energy code and that the roof has been designed with an extra 8 lbs per sf of loading capacity to accommodate solar installation. DECISION Motion by Frank__, seconded by Dawn__, to approve Site Plan application #SP-22-004 of Champlain Oil Co, LLC, 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 plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Seating in the snippet/parklet must be fixed, constructed of high quality materials, and substantially similar to what is presented on the approved landscaping plan. 4. The applicant may change to any of the following uses by issuance of a zoning permit. At the time of zoning permit application, the applicant must demonstrate that the combined uses do not exceed 112 vehicle trip ends per PM peak hour. Community Center Hospice Cultural Facility Educational Facility Educational Support Facility Retail Sales Personal Instruction Facility Place of Worship Artist Production Studio Tavern, Night Club & Private Club Photocopy & Printing Shops, with accessory retail Licensed Non-residential Child Care Facility Financial Institution Short Order Restaurant Indoor Theater Manufacturing & assembly from previously prepared materials & components General Office Medical Office Personal or Business Service Pet Grooming Research Facility or Laboratory Radio & Television Studio Indoor Recreation Facility #SP-22-004 5. 75% of the required minimum first story glazing must be transparent. 6. Rooftop equipment must be screened by siding to match the metal panels of the building at a height that matches or exceeds the height of rooftop equipment. Rooftop equipment 5-ft in height or less meeting this screening requirement shall not require a site plan amendment. 7. All curb cut modifications within the Shelburne Street Right of Way will require coordination with the City of Burlington. 8. The applicant must obtain a grease interceptor permit prior to issuance of a zoning permit. 9. The applicant shall comply with the comments of the SBWD Director prior to issuance of a zoning permit. 10. Dumpster screening fence height must equal or exceed the dumpster height. 11. The applicant must sign a license agreement with the City for maintenance of landscaping within the ROW prior to issuance of a certificate of occupancy for the building. 12. The bicycle storage room must be available for use of all tenants of the building, including both commercial and residential tenants. 13. Prior to issuance of a zoning permit, the applicant must post a landscaping bond for $39,417 in plantings in accordance with the methodology in LDR 15.15B. 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. 14. The applicant must maintain perennial planting beds of substantially similar plant quality and density as that shown on the provided plans, though the exact plants may be modified over time. 15. The applicant shall regularly maintain all stormwater treatment and conveyance infrastructure. 16. 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. 17. The applicant must demonstrate approval of the CAP prior to issuance of a zoning permit. 18. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. 19. A digital PDF version of the full set of approved final plans must be delivered to the Administrative Officer before issuance of a zoning permit. 20. 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. 21. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the project. 22. The applicant must receive final water and wastewater allocation prior to issuance of a zoning permit. 23. All exterior lighting must be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 24. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 25. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. #SP-22-004 Dan Albrecht Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Jim Langan Yea Nay Abstain Not Present Quinn Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Motion carried by a vote of Signed this ____ day of March, 2022, by _____________________________________ Dawn Philibert, 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://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.