HomeMy WebLinkAboutSP-22-006 - Decision - 1459 Shelburne Road#SP-22-006
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
REPERIO PROPERTIES, LLC
1459 SHELBURNE ROAD
SITE PLAN APPLICATION #SP-22-006
FINDINGS OF FACT AND DECISION
Site plan application #SP-22-006 of Reperio Properties to demolish an existing light manufacturing and
retail complex and construct a 4,480 sf extension to an existing licensed care facility on the adjacent lot.
The subject parcel is an existing 0.71 acre lot, 1459 Shelburne Road.
The Development Review Board held public hearings on March 2, 2022 and April 5, 2022. Kelley
DesRoches, Greg Dixon and Jeff O’Hara 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-22-006 of Reperio Properties to demolish an
existing light manufacturing and retail complex and construct a 4,480 sf extension to an existing
licensed care facility on the adjacent lot. The subject parcel is an existing 0.71 acre lot, 1459
Shelburne Road.
2. This project is located in the Commercial 2 Zoning District and is subject to Site Plan Review
Standards, Urban Design Overlay District standards, Transit Overlay District, Traffic Overlay
District Zone 3.
3. The owners of record of the subject property is the Anthony A. Socinski Trust.
4. The application was received on February 11, 2022.
5. The plans submitted consist of the following:
Sheet No Plan Description Prepared by Last Revised Date
C-0.00 Existing Conditions Krebs & Lansing 03/31/22
C-1.00 Proposed Site Plan Krebs & Lansing 03/31/22
C-1.01 Proposed Stormwater Plan Krebs & Lansing 03/31/22
C-1.02 EPSC Plan Krebs & Lansing 03/31/22
C-1.03 Proposed Landscaping Plan Krebs & Lansing 03/31/22
C-2.00, C-
2.01, C-202
Details Krebs & Lansing 03/16/2022
C-2.03 Details Krebs & Lansing 02/04/2022
C-2.04 Details Krebs & Lansing 02/23/2022
Exhibit A First Floor Plan Wiemann Lamphere 01/27/2022
Exhibit B Exterior Elevations Wiemann Lamphere 01/27/2022
SL-1A Photometric Plan Apex Lighting Solutions 01/11/2022
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ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Commercial 2 Zoning District Required Proposed
@Min. Lot Size 40,000 sf 30,927
3Max. Building Coverage 40% 14.5%
3Max. Overall Coverage 70% 46.2%
3Min. Front Setback (Urban Design
Overlay District)
20 ft. 20 ft.
3Max Front Setback Coverage 30% 16.8%
3Min. Side Setback 10 ft. 10 ft.
3Min. Rear Setback 30 ft. 173 ft.
3Building Height (pitched roof) 40 ft. 21 ft.
@ Pre-existing non-conformity
3 Meets requirement
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 30,927 sf lot is therefore 40
trips per PM peak hour. The applicant estimates the trip generation for the project to be 31 trips. The
Board finds this criterion met.
For the purposes of traffic impact fee, the existing light manufacturing use to be removed generated
approximately 3 PM peak hour trips.
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 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.
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(a) For all properties in the Urban Overlay District, a minimum of 75% glazing shall be
transparent.
All glazing is proposed to 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 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.
(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 67% 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.
No rooftop elements are proposed.
(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.
#SP-22-006
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.
Parking is proposed to be to the rear of the building. The Board finds this criterion met.
(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 similar to the footprint of the building on the associated childcare
to the south. It is proposed to be one story, while the building on the adjoining site is two
stories. 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.
(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 and photographs showing how the proposed building
relates to the adjoining building containing the associated childcare to the south as View 3
(Exhibit F). The adjoining building is Victorian in style while the proposed building is a modern
craftsman style. While this is a stand-alone site plan application, the applicant is proposing to
share some site features between the adjoining sites, therefore the Board finds compliance with
these criteria to be particularly relevant. The applicant provided the following narrative
response to these criteria
Proposed materials are similar to adjacent preschool building using horizontal clapboard
siding & shakes. The aesthetics are also intended to compliment the adjacent preschool
building being more residential in nature and creating a campus like feel. There are
other buildings along Shelburne Rd of this vernacular, examples being the Shearer Acura
dealership and the Lakewood Commons buildings, not far north of the site, and
Shelburne Square building on corner of IDX & Shelburne Rd, which use more residential
siding materials & forms. Larger glazed openings and standing seam roof of proposed
daycare building add some modern elements & textures to a more traditional
style. Other properties to the north of the site are currently single story buildings with
flat roofs. The gable roof of the proposed daycare building will help in transitioning from
these lower adjacent structures to the existing 2 story Victorian style daycare building.
The proposed site layout is strongly integrated into the site layout for the adjacent property to
the south. The Board finds that this project may not obtain a zoning permit before a site plan
approval for the adjacent site is obtained. The Board otherwise finds these criteria met.
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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.
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.
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 add 30 vehicle trips. The Board finds the proposal to limit the curb
cut to one-way in (except during construction) will improve traffic, and that a traffic study is
not necessary for this application. VTrans provided a Jurisdictional Opinion on 2/17/2022
stating that a permit will be required and that they approve the concept shown on the
plans. The Board finds this criterion met.
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.
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The applicant is proposing integrated circulation and access between the subject
property and the adjoining site containing the associated childcare to the south. The
Board 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.
The applicant is proposing to re-locate the existing access farther north. There are no
curb cuts with which to align it. The existing access to the property to the north is at the
far north end of the property and the Board finds the change in proximity of the two
driveways will not have a measurable impact on safety. The Board finds this criterion
met.
(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 containing the associated childcare to the south, the
Board finds the proposed site configuration does not result in a significant increase in
impervious surfaces due to the narrower driveway width allowed for angled parking, nor
does it create an unsafe condition. The Board finds 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.
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
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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 the South Burlington Water Department reviewed the plans on 2/16/2022 after
the applicant made modifications based on an initial review by the same, and offers the
following comments.
1. The SBWD provided Record Drawing to the engineer for the Shelburne Rd. water lines in
the area of 1459 Shelburne Rd on 2/16/2022. Current project plans must be corrected to
show the location of the water main on the west side of Shelburne Rd.
2. Upon request, the SBWD will shut the water off on the service line to the all structures
that will be demolished as part of this project and pull each water meter and radio read
unit. A final bill will be prepared and sent to the owner of record.
3. When the service lines have been abandoned, they shall be shut off at the corporation
and disconnected from the main by the contractor. Locations of the abandoned curb
stops shall be included in the As-Builts for this project, to be provided to the SBWD when
the project is completed.
4. The water line into the proposed infant care facility shall be Ductile Iron, Class 52, and
poly wrapped with V-Bio polyethylene encasement.
5. A domestic water service line, sized appropriately, shall be tapped off the fire sprinkler
line outside of the building. A separate curb stop shall be installed on the domestic
water service in an accessible location for the department. If the curb stop is placed in a
concrete or asphalt area, the curb box shall be installed in the top section of a gate valve
box, and a two-inch paving riser shall be installed on the valve box. The service line shall
be copper.
6. 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.”
7. Tapping fees and water allocation fees must be paid in accordance with SBWD policies.
8. As this project includes a change of use, a 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
new building.
The Board finds the applicant must comply with the comments of the South Burlington Water
Department. The applicant has already obtained a preliminary water allocation. The applicant
must obtain final water allocation prior to issuance of a zoning permit.
The Acting Director of Public Works reviewed the plans on 2/14/2022 and offers the following
comments.
1. The applicant will need to obtain a section 1111 permit from VTrans for the curb cut
onto a State owned roadway.
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2. Consider adding a One-Way and/or Do Not Enter Sign at the rear of the building where
the one way entrance accesses the rear parking lot. Motorist using the southern
entrance may not realize that the northern entrance is one way.
These comments have been addressed by the applicant.
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 applicant is proposing to share the existing dumpster with the adjoining site containing the
associated childcare to the south. 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.
LDR 13.02F requires all commercial lots located adjacent to other commercial lots to provide a
driveway connection to any adjacent commercial lot. It goes on to state that 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 the vehicular and pedestrian circulation is most feasible.
The applicant has provided on the plans a cross-lot easement to the benefit of the adjacent
property to the west at the southwest portion of the site. The Board finds the applicant must
record the easement prior to issuance of a zoning permit. If such a connection becomes
appropriate in the future, it will require reconfiguration of the parking spaces approved in that
location and installation of a short culvert for conveyance of stormwater.
The Board finds the difference in topography not appropriate for a connection to the parcel to
the north.
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.
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The applicant is proposing parking angled at 60° as measured in Table 13-2 and Figure
13-1. The required dimensions are as follows.
Requirement Provided
Parking Angle 60° 60°
Curb Length 9.8 ft. 11.5 ft. minimum
Stall Depth 19.8 ft. 19.8 ft.
Aisle Width 15 ft. 15 ft.
The applicant is proposing to make the parking stalls almost 2-ft wider than required.
The applicant testified that these spaces are for infant pick up and drop off. The Board
approves the proposed parking configuration.
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 pedestrians. The distance between access points and parking areas shall
be adequate to minimize blockage and prevent back-ups onto the public street.
The Board finds this criterion met.
(3) Provision shall be made for access by police, fire and emergency vehicles.
The Fire Chief reviewed the plans on 2/22/2022 and offers the following comments.
We met with the applicant and reviewed the site access pursuant to NFPA 1 –
Chapter 18. The applicant has met the guidelines set forth in IBC, NFPA and City
ordinances.
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 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 provided six bicycle racks, providing parking for twelve bicycles, split between the site
and the adjoining site containing the associated childcare to the south. The minimum requirement for
bicycle parking is as follows.
Required Bike Parking This Site Childcare at 1475 Shelburne
Road
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Short Term (1 per 5k sf,
minimum 2)
2 2
Long Term (50% of short term) 1 N/A
Clothes Lockers 1 N/A
The applicant testified that the proposed building will have a wall mounted designated long term bike
parking space in one of the closets. The Board finds this criterion met.
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.
(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.
The applicant has provided landscaping screening of new parking areas. The Board finds this
criterion met to the extent feasible and necessary.
(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.
Though this site does not have more than 28 spaces, the applicant is proposing to create a parking
lot of more than 28 spaces shared between the two adjoining parcels. The Board has historically
applied this standard to parking lots regardless of parcel boundaries. The Board finds the applicant
must demonstrate the required minimum interior parking lot landscaping is met as part of the
required site plan amendment for the associated childcare property to the south.
(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 proposed except where stormwater is proposed to be addressed by sheet flow. 13.04B
above indicates that only small sections of curbing should be removed for stormwater. However,
the applicant has protected the planting by locating it on the far side of the stormwater swale,
which the Board approves as an alternative approach to meeting this criterion. The applicant has
omitted curbing from one of the interior parking lot landscaping islands located on the adjacent site
at 1475 Shelburne Road. The Board finds protecting this planting island with curbing will be a
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requirement of the site plan application for the adjoining site.
(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 provided trees are a variety of species. 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.
There are 14 parking spaces proposed. The applicant is proposing two shade trees on the
adjacent lot, and proposing to retain an existing 18-inch maple and install one shade tree. The
Board finds these trees when taken together meet this requirement, provided the proposed site
plan on the adjoining lot proceeds as envisioned, with modifications to curbing and interior
parking lot landscaping noted above.
(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.
The applicant has proposed 3 inch caliper trees. 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.
Fewer than 10 trees are proposed.
(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.
The applicant has proposed snow storage in the conveyance swales, in the playground area, and will
use parking spaces if necessary. 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.
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).
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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 building cost is $1,400,000, requiring a minimum landscaping value of $21,500. It appears there is
an error in the applicant’s landscape cost, where they are proposing three maple trees but have only
accounted for the cost of two maple trees. Two maples are on the adjacent lot. Correcting for the
number of maples, the applicant estimates there are $11,660 in trees and shrubs proposed on the lot, in
addition to $3,180 in trees and shrubs proposed on the adjacent lot. There is no provision in the LDR for
off-site landscaping to count towards the required minimum landscaping value.
The applicant has requested the Board allow $7,100 of cost for the front brick walkway and brick patio
be allowed to count towards the required minimum landscaping value, and has testified this value
represents the incremental cost over standard concrete walkway and pavers.
The applicant has proposed a $3,600 value for retention of the existing 18-inch maple. They arrived at
this value by calculating the equivalent cost of six 3-inch trees. The Board accepts this value for
retention of the existing 18-inch maple. The Board finds the applicant must supplement the provided
erosion and sediment prevention plans with a detail for protection of the tree, subject to review and
approval by the City Arborist.
Taking into consideration the above listed landscaping values, including on-site trees, shrubs, hardscape,
and existing tree retention, the applicant is proposing $22,360 of landscaping value. The Board finds the
minimum required landscaping budget to be met.
The City Arborist reviewed the plans on 2/15/2022. The comments of the City Arborist have been
incorporated herein or have been addressed.
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 offered a number of comments. On 3/24/2022, the City
Stormwater Section confirmed that their comments had been addressed.
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
#SP-22-006
(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
illumination level criterion are met for uncovered areas.
Fixture Type “G,” a flood light, is prohibited. The applicant clarified that the fixture is for illuminating
the sign. Signs, and sign lighting, is subject to separate ordinance. The Board finds the applicant must
remove all proposed signage, including callouts on the site drawings and signage on the architectural
plans, as well as sign lighting, from the plans as a condition of approval. Other lighting requirements are
met.
13.11 Fences
The applicant has shown a fence on the plans but no fence details are provided. The applicant has
indicated the fence will be white vinyl to match the existing fencing. The Board finds the applicant must
modify the plans to include a fence detail.
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.
DECISION
Motion by Stephanie Wyman, seconded by Dan Albrecht, to approve Site Plan application #SP-22-006 of
Repario Properties, 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 as modified below.
3. The plans must be revised to show the changes below and shall require approval of the
Administrative Officer.
a. Add a detail for protection of the 18-inch tree, subject to review and approval of the City
Arborist
b. remove all proposed signage, including callouts on the site drawings and signage on the
architectural plans, as well as sign lighting, from the plans
4. A digital PDF version of the full set of approved final plans must be delivered to the Administrative
Officer before issuance of the zoning permit.
5. The applicant may not obtain a zoning permit for the project before a site plan approval for the
adjacent site is obtained.
6. 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.
#SP-22-006
7. The applicant must demonstrate the required minimum interior parking lot landscaping is met as
part of the required site plan amendment for the associated childcare property to the south. New
parking lot landscaping islands used to meet this requirement must be protected with curbing.
8. The applicant must record the cross-lot easement, subject to review and approval of the City
attorney, prior to issuance of a zoning permit.
9. Prior to issuance of a zoning permit, the applicant must post a landscaping bond for $11,660 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.
10. The applicant must receive final water and wastewater allocation prior to issuance of a zoning permit.
11. The project must comply with the comments of the South Burlington Water Department.
12. The applicant shall regularly maintain all stormwater treatment and conveyance infrastructure.
13. 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.
14. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G.
15. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of
the project.
16. 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.
17. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
18. Any change to the site plan shall require approval by the South Burlington Development Review
Board or the Administrative Officer.
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
Quin 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 6 - 0 - 0.
Signed this ____ day of April, 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
#SP-22-006
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.