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HomeMy WebLinkAboutSP-22-025 - Decision - 1660 Williston Road#SP-22-025 - 1 - CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHAMPLAIN HOUSING TRUST – 1660 WILLISTON ROAD SITE PLAN APPLICATION #SP-22-025 FINDINGS OF FACT AND DECISION Champlain Housing Trust, hereinafter referred to as the applicant, is seeking approval to amend a previously approved plan for a 34-room motel within two principal buildings and one accessory structure. The amendment consists of converting the motel to 20 one-bedroom inclusionary dwelling units and associated site improvements, 1660 Williston Road. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking approval to amend a previously approved plan for a 34-room motel within two principal buildings and one accessory structure. The amendment consists of converting the motel to 20 one-bedroom permanently affordable dwelling units and associated site improvements, 1660 Williston Road. 2. The owner of record of the subject property is Champlain Housing Trust. 3. The subject property is located in the Commercial 1-Residential 12 Zoning District. The subject property is also located in the Traffic Overlay District – Zone 3, the Urban Design Overlay District, and the Transit Overlay District. 4. The application was received on May 24, 2022. 5. The plans submitted consist of the following: Sheet No. Description Prepared by Last Revised Date A1 Cover Sheet Scott & Partners 04/29/2022 C1.0 Existing Conditions Plan Civil Engineering Associates, Inc. 04/29/2022 C2.0 Proposed Conditions Plan Civil Engineering Associates, Inc. 04/29/2022 C3.0 Site Details Civil Engineering Associates, Inc. 04/29/2022 C4.0 Landscape References and Details Civil Engineering Associates, Inc. 04/29/2022 A2 Demo Plans Front Building Scott & Partners 04/29/2022 A3 Proposed Plans Front Building Scott & Partners 04/29/2022 A4 & A5 Proposed Elevations Front Building Scott & Partners 04/29/2022 A6 Demo Plans Back Building Scott & Partners 04/29/2022 A7 Proposed Plans Back Building Scott & Partners 04/29/2022 #SP-22-025 - 2 - A8 Proposed Elevations Bank Building Scott & Partners 04/29/2022 ZONING DISTRICT AND DIMENSIONAL REQUIREMENTS Commercial 1-R12 Required Existing Proposed Min. Lot Size 3500 sf/unit* 57,328 sq. ft No change Max. Building Coverage 40 % 17.4 % 17.6% Max. Overall Coverage 70 % 57.3% 57.5 % Max. Front Setback Coverage 30 % Unknown No change Min. Front Setback 30 ft. No change No change Min. Side Setback 10 ft. No change No change Min. Rear Setback 30 ft. No change No change Building Height (flat roof) 35 ft. No change No change *Per Appendix C of the LDR, minimum lot size per unit is automatically adjusted for inclusionary dwelling units. RESIDENTIAL DENSITY The Commercial 1-Residential 12 Zoning District permits up to 12 dwelling units per acre, plus offsets and bonuses for the provision of inclusionary units. Applicant is proposing 20 dwelling units. See Inclusionary Zoning for demonstration of compliance. SITE PLAN REVIEW STANDARDS 14.6 General Review Standards Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: A. Relationship of Proposed 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. No changes are proposed. (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. No changes 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. #SP-22-025 - 3 - No changes are proposed. B. 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. No changes are proposed. C. Site Amenity Requirement (1) Sites are required to include a specific minimum area for appropriate Site Amenities. This section does not apply to projects within the City Center FBC District (which are governed by Section 8.08). (2) Applicability. Applications for the following shall be required to provide Site Amenities: (a) Any non-residential development over 5,000 SF. (b) Additions or expansions exceeding 5,000 SF for existing non-residential structures. (c) Any residential development, including conversion of non-residential structures to residential use. Applicant is proposing to covert a hotel to 20 dwelling units. This section is therefore applicable. (3) The required area shall be: (a) For Non-Residential development, a minimum of 6% of non-residential building gross floor area. (b) For Residential development, determined by number of units as: (i) For fewer than 10 units, 100 square feet per unit; (ii) For 10 to 19 units, 85 square feet per unit; or (iii) For 20 or more units, 60 square feet per unit. Minimum required amenity area is 20 units x 60 s.f. = 1,200 s.f. Applicant has identified a ~3,000 s.f. lawn area in the center of the lot to serve as the site amenity space. Applicant also notes that there is green space to the west and north of the one-story building which is available for use by tenants. Applicant has proposed a parklet as its site amenity. The amenity includes cedar hedgerows forming the boundary of the parklet from the parking lot on two sides, a gazebo for sheltered seating, fixed benches, and a proposed shade tree. The amenity is located between the two buildings, providing equal access for residents of both. The Administrative Officer finds the standards met, noting that as a pre-existing site being converted to residential use, the intent of the locational requirements are met. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: H. 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 15.13, Utility Services, shall also be met. Utility services are underground. No changes are proposed. This criterion is met. I. 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 #SP-22-025 - 4 - 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 for residents to use an enclosed dumpster on the side of the site. The Administrative Offer finds this criterion met. APPLICABLE SUPPLEMENTAL STANDARDS: 13.02 Off-street parking. Multi-Family Dwelling (studio or 1 bedroom units) minimum requirements are 0.75 spaces per DU plus 0.75 space for every 4 units. This project has (20) one-bedroom units. 19 parking spaces required. 21 parking space are provided on site. The Administrative Officer finds this criterion to be met. 13.03 Bicycle Parking. Residential building with more than 3 units require 1 short term space for every 10 units with a minimum of 4 spaces and 1 long term space for every unit. The project will provide 4 short term bicycle parking spaces in two inverted u style racks, and 1 long term storage space per unit within a dedicated bicycle storage room via lockable vertical bicycle racks. 13.04 Landscaping. The prior site plan (1990) differs from the current conditions, and proposed site plan, in several manners. Trees shown as existing to the north of the 1-story building in 1990 are no longer present, and do not appear on aerial photos as recently as 2004 [older aerials are not of sufficient quality to determine]. The existing hedgerow on the south and west side of the site amenity are not a part of the 1990 Plan. In addition, though not included in the 1990 Plan, a series of mature trees to the west of the one-story building were existing as of 2019 but have since been removed. The applicant is proposing to add five new trees to the site, four to the north of the 1-story building, to replace those shown on the 1990 plan, and one as part of the site amenity. The Administrative Officer finds this criterion met and finds the landscaping plan as proposed to be established as the baseline for compliance with LDR 13.04I requiring landscaping to be maintained in a vigorous growing condition for the duration of the use. 13.05 Stormwater. The amount of impervious surfaces, either added or altered, as part of this project is less than 5,000 SF. This section therefore does not apply. 13.07 Exterior Lighting. There are no new exterior lights proposed in this project. All lighting on site must be downcast and shielded. Any pre-existing lighting not meeting this standard must be replaced with qualifying fixtures prior to issuance of a Certificate of Occupancy by the Administrative Officer. Traffic and Transit Overlay Districts The existing trip generation is 17 VTE during the PM peak Hour while the proposed conditions trip generation is 14 VTE. The Administrative Officer finds this criterion to be met. Urban Design Overlay District #SP-22-025 - 5 - The project does not propose any additional building, and is not considered a substantial rehabilitation, per 10.05C(2), therefore is not subject to standards of this Section. Energy Standards Applicant shall provide a copy of the applicable state building energy standards certificate prior to issuance of a Certificate of Occupancy by the Administrative Officer. AFFORDABLE HOUSING STANDARDS 18.01 Inclusionary Zoning B. Applicability (2) Covered Development. (a) Except as otherwise provided in this bylaw, the provisions of this section shall apply in the locations defined in Subsection (B)(1) (Applicability – Zoning Districts and Locations) to any development, notwithstanding any phasing of the development, that will result in the creation of twelve (12) or more total dwelling units through subdivision, Planned Unit Development, new construction, or the conversion of an existing structure or structures from non-residential to residential use. The proposed project will result in 20 new dwelling units. The project is therefore subject to the Inclusionary Zoning minimum requirements. C. Inclusionary Units (1) For covered development, at least fifteen percent (15%) of the total dwelling units offered for rent. Inclusionary Rental Units and at least ten percent (10%) of the total dwelling units offered for sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall be Inclusionary Ownership Units. Prior to or upon request for the Certificate of Occupancy the applicant shall notify the City whether the units will be Inclusionary Rental Units or Inclusionary Ownership Units so that the City, or its designee, may confirm that the offered rents or sales prices meet these requirements prior to issuance of the Certificate of Occupancy. In addition: (a) Where the application of this formula results in a fractional dwelling unit, that fractional dwelling unit shall be rounded to the nearest whole number (fractions that are greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00 are rounded up). The applicant is proposing to convert the existing hotel to 20 one-bedroom dwelling units. Base density and inclusionary requirement: o Base allowable units: site area (1.32 acres) x maximum base density (12 units/ acre) = 15.84 (round to 15). o Minimum which must be inclusionary units: 15 x 15% = 2.25 (round to 2) F. Offset for Fulfillment of Inclusionary Unit Requirements (1) Residential Unit Offset, all other forms of development. To offset an applicant’s fulfillment of this Section’s inclusionary unit requirement is an allotment of one additional dwelling unit for each required Inclusionary Rental Unit that is constructed; or an allotment of two additional dwelling units for each required Inclusionary Ownership Unit that is constructed. #SP-22-025 - 6 - This offset shall not be provided for any required unit for which the developer receives approval for the Dedication as described in 18.01(E)(1)(a) herein. Applicant is required to provide a minimum of 2 inclusionary rental units. Applicant is therefore allotted 2 offset dwelling units, for a base total of 17 dwelling units. G. Density Bonuses for Exceeding Inclusionary Housing Requirements (1) Density Bonuses. When an applicant voluntarily includes, in the base zoning density unit- maximum for the development, more than the number of inclusionary units required under Section 18.01(C)(1), then upon the applicant’s request, the development shall receive, in addition to the offset units, a density bonus. The density bonus shall be one dwelling unit for each voluntary Inclusionary Rental Unit and two dwelling units for each voluntary Inclusionary Ownership Unit, up to a maximum density of 50% more than the base maximum density permitted in the zoning district. In zoning districts where additional density is permitted via Planned Unit Development, the base density shall be defined as the maximum density for the district without use of PUDs. Density bonus dwelling units are not subject to the inclusionary affordability requirements. Applicant is proposing to construct additional dwelling units, for a total of 20 dwelling units. The maximum allowed under base, offset, and bonus units is as follows: Maximum base density (12 units per acre) x acreage (1.32 acres) [= 15.84 units] + 50% maximum offset & bonus units [15.84 x .5 = 7.92] = 23.76, round to 24. Applicant is proposing a total of 20 units, all of which will be permanently affordable. The Administrative Officer finds this criterion to be met, and finds the project to be within the maximum allowed density for the zoning district. (2) Inclusionary units required under this section shall be: (a) Constructed on site, unless off-site construction is approved under Subsection (E)(1)(b) (Off-Site Construction) of this Article. The units will be within the two principal buildings. (b) Integrated into the overall project layout and similar in architectural style and outward appearance to market rate units in the proposed development. (i) Inclusionary units shall be physically integrated into and complement the overall layout, scale, and massing of the proposed development; this criterion may be achieved in a single building or multiple buildings. (ii) Inclusionary units shall be constructed with the same exterior materials and architectural design details quality of those of the market rate units in the development. However, the exterior dimensions of the inclusionary units may differ from those of the market rate units. (iii) Inclusionary units shall be no less energy efficient than market rate units; All 20 dwelling units are proposed to be perpetually affordable. The Administrative Officer finds criteria (i)-(iii) to be met. #SP-22-025 - 7 - (iv) Inclusionary units may differ from market rate units with regard to both interior amenities and amount of Habitable Area. However, the minimum Habitable Area of inclusionary units shall be 450 square feet for studios, 650 square feet for 1- bedroom units, 900 square feet for 2-bedroom units and 1,200 square feet for three (3) or more bedrooms. If the average (mean) area of the Habitable Area of the market rate units is less than the minimum area required for the Habitable Area of inclusionary units, then the Habitable Area of the inclusionary units shall be no less than 90% of the average (mean) Habitable Area of the market rate units. The size of the dwelling units varies. As all of the units are proposed to be permanently affordable, there will be no different in the mean habitable floor area of these units from any market rates units on the site. The Administrative Officer finds the criterion above to be met. (v) Inclusionary units developed as part of a housing development of predominantly market rate duplexes and/or multi-family dwellings may be of varied types. Inclusionary units developed as part of a predominantly-single-family housing development may be accommodated in buildings containing up to four (4) dwelling units that have the appearance of single family homes through their scale, massing, and architectural style. All dwelling units are proposed to be permanently affordable. The Administrative Officer finds this criterion met. (vi) There shall be no indications from common areas that these units are inclusionary units. All dwelling units are proposed to be permanently affordable. The Administrative Officer finds this criterion met. (vi) The average (mean) number of bedrooms in the inclusionary units shall be no fewer than the average number of bedrooms in the market rate units. For projects involving 50 or more dwelling units, the applicant shall provide a revised estimate to the Administrative Officer at each interval of 50 dwelling units; the revised estimate shall account for the differences in estimates vs. actuals for the units permitted to date and shall apply to inclusionary units for which the Administrative Officer has not issued a zoning permit. All of the dwelling units are proposed to be 1-bedroom units. The Administrative Officer finds this criterion to be met. (vii) Unfinished space within an Inclusionary Ownership Unit that is not initially constructed as bedroom, but which can be converted to such, may count as a bedroom. No more than one (1) bedroom per inclusionary ownership unit may be counted in this manner. No unfinished space is proposed. This criterion is not applicable. (c) Constructed and made available for occupancy concurrently with market rate units. The applicant shall provide a proposed phasing plan demonstrating concurrent development and occupancy of the market rate units and the inclusionary units. The Development Review Board may attach conditions necessary to assure compliance with this section and may, based #SP-22-025 - 8 - on documentation from a financial institution denying financing or on physical site constraints, approve a plan allowing non-concurrent construction of the inclusionary units. Not applicable. All units are proposed to be affordable. D. Affordability Requirements The basis for determining maximum rental and purchase prices for inclusionary units and applicant rental or purchaser household eligibility for accessing inclusionary units under this section are described below. The data used to determine the incomes, rents and purchase prices is updated annually by U.S. Department of Housing and Urban Development (HUD). The Vermont specific data is updated annually on the Vermont Housing Data website, managed by the Vermont Housing Finance Agency, in a table titled “Maximum rent and purchase price affordability thresholds by income and household size”. Refer to this table in administration of this section. (2) Alternative Eligibility Criteria. When an affordable housing organization is a partner in a covered development, eligibility may be determined in accordance with program-based eligibility requirements established by the partner housing organization. Monthly rent price may not exceed one twelfth of 30% of the targeted Area Median Income (80%) corresponding to the size of the specific unit as measured in number of bedrooms. It also requires utility costs to be included. Income eligibility must be determined based on Annual Median Income of no more than 80% Area Median Income targets as measured by HUD. Administration of continued compliance with these criteria is delegated to the City Manager or their designees. Alternatively, when an affordable housing organization is a partner in a covered development, eligibility may be determined in accordance with program-based eligibility requirements established by the partner housing organization. The dwelling units will be owned and managed by the Champlain Housing Trust, a verified affordable housing organization. The applicant has stated and provided supporting documentation that all twenty (20) dwelling units will be units shall not exceed 80% of average median income. The Administrative Officer finds this criterion met. E. Developer Options The applicant has not requested use of any developer options. F. Offset for Fulfillment of Inclusionary Unit Requirements. See above Under C1. G. Density Bonuses for Exceeding Inclusionary Housing Requirements. See Above under C1. H. Affordable Housing Density Bonuses for Developments with Fewer than 12 Dwelling Units. Not applicable. I. Administration and Compliance (1) Application Requirements. In addition to other submission requirements applicable to proposed projects specified within this bylaw, applications under this section shall include the following information: a) A site or subdivision plan that identifies the number, locations, types, and sizes of inclusionary units in relation to market rate units; b) Documentation supporting the allocation of inclusionary and market rate units, including inclusionary unit set aside calculations; #SP-22-025 - 9 - c) A description of each unit’s type, floor area, number of bedrooms, estimated housing costs, and other data necessary to determine unit affordability; d) A list of proposed options, if any, to be incorporated in the plan, as provided for under Subsection (E) (Developer Options) of this Article; e) Documentation regarding household income eligibility; f) Information regarding the long-term management of inclusionary units, including the responsible party or parties, as required to ensure continued affordability; g) Draft legal documents required under this section to ensure continued affordability; h) Construction timeline for both inclusionary and market rate units; and i) Other information as requested by the Administrative Officer to determine project compliance with inclusionary zoning requirements. Each of the application materials have been provided. The Administrative Officer finds no additional information is required to determine project compliance with inclusionary zoning requirements. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-22-025 of Champlain Housing Trust, subject to the following conditions: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) This project shall be completed as shown on the plan and shall be on file in the South Burlington Department of Planning and Zoning. 3) 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. 4) Prior to issuance of a zoning permit converting the building to residential use, the applicant shall file documentation in the Land Records, in a form acceptable to the City Attorney, demonstrating compliance with 18.01D and that all units will be permanently affordable. 5) Pursuant to Section 18.01D of the Land Development Regulations, annually, the owner of a project that includes inclusionary rental units shall prepare and submit a report to the City Manager that lists the gross rents charged for inclusionary units and household incomes at move-in based on documentation provided by tenant for owner’s completion of form provided by the City, to certify that Inclusionary Rental Unit rent maximums and household income maximums have been maintained as required. 6) The applicant must continue to maintain the approved landscaping in a vigorous growing condition throughout the duration of the use. 7) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 8) Any exterior lighting shall be downcast and shielded per Section 13.07 of the Land Development Regulations. #SP-22-025 - 10 - 9) The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. 10) The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the project. 11) Any change to the site plan shall require approval by the South Burlington Administrative Officer or the Development Review Board, as allowed under the Land Development Regulations. Signed on this 22nd day of June 2022 by Paul Conner, Acting Administrative Officer PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. 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.