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HomeMy WebLinkAboutSP-22-003 - Decision - 1795 Shelburne Road#SP-22-003 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RHTL PARTNERS, LLC 1795 SHELBURNE ROAD SITE PLAN APPLICATION #SP-22-003 FINDINGS OF FACT AND DECISION Site plan application #SP-22-003 of RHTL Partners, LLC to modify a previously approved plan for a 10,000 sf automotive sales, service and repair building on an existing 2.61 acre lot. The amendment consists of constructing a 3,155 sf building expansion, 1795 Shelburne Road. The Development Review Board held a public hearing on March 2, May 17, and June 7, 2022. Jeff Olesky, Kyle Sipples, Dan Ray, Sarah Butler, Nate Weeks, and Able Toll 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-22-003 of RHTL Partners, LLC to modify a previously approved plan for a 10,000 sf automotive sales, service and repair building on an existing 2.61 acre lot. The amendment consists of constructing a 3, 155 sf building expansion, 1795 Shelburne Road. 2. The subject property is located in the Commercial 2 Zoning District, Traffic Overlay Zoning District Zone 3, Transit Overlay District, and Urban Design Overlay District. 3. The owner of record of the subject property is RHTL Partners, LLC. 4. The application was received on February 4, 2022. 5. The plans submitted consist of the following: Sheet No. Description Prepared By Last Revised Date C1.0 Existing Conditions Site Plan Catamount Consulting Engineers 05/13/2022 C1.1 EPSC Site Plan Catamount Consulting Engineers 05/13/2022 C2.0 Proposed Conditions Site Plan Catamount Consulting Engineers 05/13/2022 C3.0 Proposed Site Plan Details Catamount Consulting Engineers 05/13/2022 C3.1 Proposed Site Plan Details Catamount Consulting Engineers 05/13/2022 L-1 Landscape Plan TK Landscape Architects 05/16/2022 L-2 Planting Plan TK Landscape Architects 05/16/2022 L-3 Construction Details TK Landscape Architects 03/28/2022 L-4 Planting Details TK Landscape Architects 03/28/2022 A201 Floor Plans Praxis3 12/22/2021 #SP-22-003 A01 RTU Study Praxis3 03/01/2022 A400 Exterior Elevations Praxis3 05/20/2022 Construction Setup Catamount Consulting Engineers 01/31/2022 ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Commercial 2 Zoning District Required Proposed Min. Lot Size 40,000 sf 113,364 Max. Building Coverage 40% 11.6% Max. Overall Coverage 70% 57.32% Min. Front Setback (Urban Design Overlay District) 20 ft. 39 ft. (no change) @ Max Front Setback Coverage 30% 35.2% Min. Side Setback 10 ft. 15 ft. (no change) Min. Rear Setback 30 ft. 79 ft. (no change)  Building Height (pitched roof) 40 ft. 26 ft.  Meets requirement @ existing nonconformity proposed to decrease 10.01 Traffic Overlay District This property is located in Traffic Overlay District Zone 3 which allows 45 trips per 40,000 sf of land area without provision of additional mitigation measures. The trip budget is increased by 15% for properties where a raised median prevents left turns in or out. The trip budget for the 113,364 sf lot is therefore 127 trips per PM peak hour. The applicant estimates the trip generation for the project to be 38 trips. No trips are added. The Board finds this criterion met. 10.05D Urban Design Overlay District Standards The entirety of the Urban Design Overlay District Standards apply to building facades which are proposed to be altered by more than 50%. Based on the provided elevations, more than 50% of the façade is altered, therefore the applicant must comply with the Urban Design Overlay Standards for the altered portion of the façade. (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. (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. #SP-22-003 The applicant has provided a double door facing Shelburne Road with a small awning framed by sidelight windows. The applicant has provided elevations illustrating the entrances. The Board finds this criterion to be 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. No changes have been made to the site plan, which includes steps connecting to Shelburne Road. The steps connect to a north-south roadway, shown on the provided plans, which does eventually reach the proposed entry. The walkway is not “direct.” Though an alternative configuration locating the walkway nearer to the front entry may be possible, a direct connection is not possible due to the location of existing street trees and the applicant’s proposed front entry location. The Board finds the walkway acceptable as proposed. (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 all glazing will be transparent. The Board finds this criterion met. (b) In non-residential units, first story glazing shall have a minimum height of 7 vertical feet Glazing is proposed to be at least 9-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. (3) Dimensional Standards. Outside of a node, first stories must have a minimum of 40% glazing across the width of the building façade. There are no minimum building stories. Approximately 77% of the façade 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. This criterion is not applicable outside of a node. (b) Section 8.06(G) of these regulations shall apply to rooftop elements of buildings within the Urban Design Overlay District. Rooftop mechanical equipment and appurtenances are required to be arranged so as to minimize visibility from any point at or below the roof level of the subject structure. Such features in excess of one foot in height must be enclosed by outer building walls or parapets, grouped and screened, or themselves designed so that they are balanced or integrated with respect to the design and materials of the building. Based on the provided plans, rooftop equipment is proposed to be 2’-4” in height. The applicant has indicated there will be an 18-inch parapet, leaving 10-inches of rooftop equipment above #SP-22-003 the parapet. The building is proposed to be located 7.5 ft below the adjacent roadway, and setback 57 feet. The rooftop units appear to be set back 18-ft from the edge of the roof. Based on an analysis by staff, the rooftop units will be screened by the parapet for a user anywhere on the adjoining roadway. The applicant also provided a “RTU Study” exhibit, but since this exhibit does not indicate from where the visibility was evaluated, the Board was unable to use it to evaluate compliance with this criterion. Where flat roofs are used, architectural elements such as cornices shall be included along all primary and secondary building facades. This building has only a primary facade. In response to feedback from the Board, the applicant has applied a metal coping to the top of the parapet. This coping appears to be approximately 1-ft high and consist of the same material as the façade of the building. Utility features such as generators, gas lines or meters, or electric meters may not be located on any façade parallel to and adjacent to a street and must be screened from view of any such street. Gas and electric features are proposed to be on the south side of the building. This element of 8.06G is met. The Board finds this criterion met. (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 approximately 39-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. The Board finds the quantity of parking areas to be adequate. (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. #SP-22-003 No modifications to the existing non-conforming parking are proposed. (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 footprint of the building is larger than that on the adjoining lot but similar to those in the vicinity. Building in this vicinity are generally a single tall story. The Board finds this criterion 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. The building on the property to the south is a masonry structure with a peaked red metal roof. The applicant is proposing metal siding on the renovation. The portion of the building to remain unchanged is concrete masonry block. The Board finds this criterion met. (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 building is approximately 8-ft lower than the adjoining street. Buildings on the far side of the street are higher than the adjoining street. The proposed addition does not change this relationship. The Board finds this criterion met. 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. A wetland, wetland buffer, and river corridor overlay district exist on the site. No changes are proposed in these resource areas. 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. 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. No changes to site access or circulation are proposed. 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. #SP-22-003 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. No upgrades are required. 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. The Director of Public Works reviewed the plans on 2/15/2022 and requests the Board require the applicant to apply for a Grease, Oil and Sand Interceptor Permit. The South Burlington Water Department Director reviewed the plans on 2/16/202 and offers the following comments. 1. Upon request, the SBWD will shut the water service off for building renovations. 2. The service line when replaced shall be copper. Sleeving the service line under the proposed stone face retaining wall should be considered. 3. A note shall be added to the plans stating “All water lines and appurtenances shall be installed in accordance with the Champlain Water District Specifications and Details for the Installation of Water Lines and Appurtenances, current edition, henceforth the CWD Specifications.” 4. If there will be additional water allocation required then the Water Allocation Application, found on the South Burlington Water Department website must be completed and submitted to the SBWD. All fees must be paid prior to restoring the water meter and water service to the building. The Board finds the applicant must comply with the comments of the Director of Public Works and the South Burlington Water Department Director as conditions of approval. 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. #SP-22-003 The applicant has provided a new dumpster enclosure. The Board finds this criterion met. 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. The purpose of the easement is to allow the adjoining property owner to construct a connection without the need for site plan approval on the adjoining lot. There is an existing driveway connection to the property to the west. On 3/2 and 5/17, the Board discussed with the applicant that this criterion is not met for the property to the south and directed them to provide an easement. The applicant provided a draft easement, which was reviewed by the Deputy City attorney, who had two significant edits and several minor edits. The first significant edit is to the applicant’s proposed third paragraph, which as written may be constructed such that it allows the subject property owner to prohibit use of the easement by the beneficiary of the easement (the property to the south). The second significant edit is to the fifth paragraph, which as written allows the subject property owner to relocate the easement. The proposed edits are to align the draft easement language with standard practice in the City. The original proposed easement and the Deputy City attorney’s edits are in the packet for the June 7, 2022 hearing. The applicant testified on June 7 that they are accepting of the Deputy City Attorney’s edits, and have provided a revised draft including an edit to refer to the property line not the pavement line in order to maintain access to the service department. The Board accepts the objectives of the edits and finds the easement shall be recorded, subject to review and approval of the City Attorney, prior to issuance of a zoning permit. 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. The parking spaces which are proposed to be reconfigured meet dimensional standards. Parking lot landscaping is further discussed under 13.04 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 #SP-22-003 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 proposing garage bay doors facing north. The Board finds this configuration does not create conflicts with traffic and considers this criterion met. (3) Provision shall be made for access by police, fire and emergency vehicles. 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. 10.05D(1) requires the applicant to provide a direct sidewalk connection to the street. The Board finds this criterion met. (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 proposed to relocate two bicycle racks, and has provided a photo demonstrating that the bike racks provide parking for two bicycles each. The Board finds the placement of the bicycle racks must meet the dimensional standards of 13.03. 13.04 Landscaping, Screening & Street Trees 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. Since this is an amendment to a previously-approved site plan, the applicant is required to retain previously required landscaping and provide supplemental landscaping as necessary to meet the requirements for the modified portion of the parcel as well as to meet the required minimum landscaping budget for the proposed addition. (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 #SP-22-003 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. There is limited parking lot landscaping. The applicant is proposing to provide a small amount of parking lot landscaping in the form of perennial grasses. The City Arborist recommends trees be set back 10-ft from curbs to provide protection from snow plowing. (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. This criterion is not met for the existing parking lot. The applicant is not reducing compliance with this criterion. The applicant has referred to 95 of the parking spaces as “vehicle storage.” Outdoor storage and display may be permitted by the Board as a conditional use pursuant to 13.08. Since this site contains an existing nonconformity proposed to be reduced, the Board finds it unnecessary to review the application under 13.08 or as a conditional use. (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. The applicant is proposing to install landscaping to screen the existing sewer pump station. This landscaping will not be protected by curbing. The applicant is proposing to protect the landscaping with bollards. As a retrofit, the Board accepts the proposal to provide alternative compliance with this standard and recommends the Board find this criterion met for this location. Other plantings are proposed to be perennials and located at least 6-ft from the edge of pavement. 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 City Arborist reviewed the plans on 2/15/2022 and indicated that the landscaping plan is acceptable. Since that time the applicant has added two trees, slightly modified the selection of shrubs, added a small number of perennials, and added a perennial bed consisting of 48 daylilies. (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. This criterion is not met. However, noncompliance with this criterion is reduced by reducing the number of parking spaces. (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. #SP-22-003 (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. Fewer than 10 trees are proposed. (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). N/A (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 areas have been specified on the plans. The Board finds this criterion to have been adequately addressed. 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. The Board finds that the proposed site is not dissimilar enough from the adjoining property to require additional screening beyond that required in B(1) above. 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 Board finds compliance with this criterion is improved by the applicant’s proposed landscaping plan. 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 cost of the proposed building addition is $1,965,000, requiring $27,150 in landscaping value. At the March 3 hearing, it was noted the applicant’s proposed landscaping budget was deficient by nearly $15,000. The applicant has revised their proposed landscaping plan and is now proposing $19,133 in plantings, including $10,105 in trees and shrubs and $9,028 in perennials, and the following additional elements. #SP-22-003 Item Cost Stone Facing on Retaining Wall $4,950 Patio Pavers at bike racks, picnic table, & entrance $6,500 Sub Total $11,450 As part of the proposed landscaping plan, the applicant is proposing to replace a previously required tree that has died in a location near the southwest corner of the existing building not in an area affected by the proposed construction. 13.04I requires all plantings shown on an approved site plan to be maintained by the property owner in a vigorous growing condition throughout the duration of the use. The value of the replacement tree is correctly not included in the above. When the Board finds the other provisions of the landscaping criteria to be met, they may allow the applicant credit for landscaping elements other than trees and shrubs. Given the scope of the project, the Board finds the proposed hardscape values to contribute towards the required minimum of $27,150 in landscaping value and finds this criterion met. 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. In their comments of 2/22/2022, the City Stormwater Section indicated that the applicant was subject to the stormwater standards. The applicant has since performed more detailed site investigations and determined they do not meet the threshold requiring compliance. The City Stormwater Section provided confirmation on May 6, 2022. The Board finds the stormwater management standards to be not applicable. 13.07 Exterior Lighting Lighting requirements are summarized as follows. (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 indicated no changes to existing exterior lighting are proposed, and that existing fixtures are downcast and shielded. There is no building mounted lighting proposed. Signage #SP-22-003 The applicant has included information about exterior signage materials and illumination on their architectural renderings. Signs are not shown. Signage is subject to separate ordinance. The Board the applicant must remove all references to signs from all plans as a condition of approval. 3.08 Temporary Structures and Uses The applicant is proposing a number of temporary structures during the construction phase of the project. A. General Provisions. Any temporary use of a lot, not approved in connection with the primary use of that property, shall be restricted according to the provisions of this section. This section shall not apply to peddling activities that are regulated through the Ordinance to Regulate Peddling. B. Location of Temporary Uses and Structures. Temporary uses or structures on a lot shall not be placed or conducted in such manner as to obstruct or interfere with vehicle circulation and parking, pedestrian movement, block sidewalks, obstruct crosswalks or damage landscaped areas. Since the principal building will not be in use by customers during construction, Staff considers the proposed temporary structures meet this criterion. The Fire Chief reviewed the plans on 5/12 and indicated that there are some issues with the construction plan, but that the necessary changes may require relocating the temporary structures by a foot or two, rather than a wholesale rearrangement. The Board finds the applicant must update the construction plan to the satisfaction of the Fire Chief prior to issuance of a zoning permit. C. Temporary Construction Structures. Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction is in progress. The Board finds the applicant must meet this requirement. D. Temporary Outdoor Storage. Temporary outdoor storage used in conjunction with the principal use or uses on that property shall be permitted for a period up to one month during a calendar year. Permits for temporary outdoor storage shall be issued by the Administrative Officer in accordance with the provisions of this section. The Board finds this criterion not applicable to storage of construction materials. Construction materials must be removed prior to issuance of a certificate of occupancy for the proposed project. DECISION Motion by Mark Behr, seconded by Stephanie Wyman, to approve Site Plan application #SP-22-003 of RHTL Partners, LLC, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning as conditioned herein. 3. The plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. All references to signs must be removed from all plans b. The construction plan shall be updated to the satisfaction of the Fire Chief #SP-22-003 4. A digital PDF version of the approved final plan set must be delivered to the Administrative Officer before issuance of a zoning permit. 5. The applicant must record the cross-lot easement, subject to review and approval of the City attorney, prior to issuance of a zoning permit. 6. Prior to issuance of a zoning permit, the applicant must post a landscaping surety for $19,133 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. 7. Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction is in progress. 8. The applicant must comply with the comments of the Director of Public Works and the South Burlington Water Department Director. 9. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 10. 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. 11. The applicant must obtain a zoning permit within six (6) months from the date of this decision or this approval expires and is null and void. The applicant may submit a request for an extension to obtain a zoning permit under the terms outlined in Section 17.04 of the LDR’s, but the request must be submitted prior to the expiration of this approval. 12. The applicant must continue to maintain the approved landscaping in a vigorous growing condition throughout the duration of the use. 13. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 14. 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. 15. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the new uses. 16. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer as allowed by the Land Development Regulations. 17. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. #SP-22-003 Dan Albrecht Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman 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 4 - 0 - 0. Signed this ____ day of June, 2022, by _____________________________________ Dan Albrecht, Vice 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.