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HomeMy WebLinkAboutSP-22-031 - Decision - 1068 Williston Road - SP-22-031_1068 Williston Rd_Champlain School Apts Ptsp_FBC CHAMPLAIN SCHOOL APARTMENTS PARTNERSHIP — 1068 WILLISTON ROAD SITE PLAN APPLICATION #SP-22-031 FINDINGS OF FACT AND DECISION 1 SP-22-031 Findings of Fact and Decision Site plan application #SP-22-031 of Champlain School Apartments Partnership to amend a previously approved site plan for a 100 room hotel, a mixed-use building with 6,149 sf of retail use and 74 residential units, a 101 room hotel related site improvements, and 335 feet of a future public street, 1068 Williston Road. The amendment consists of adding nine (9) residential units to the mixed-use building, reducing the retail space to 5,800 sf, and reconfiguring the parking garage within it, 1068 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 & CONCLUSIONS OF LAW 1. The applicant, Champlain School Apartments Partnership, seeks site plan approval to amend a previously approved site plan for a 100 room hotel, a mixed-use building with 6,149 sf of retail use and 74 residential units, a 101 room hotel related site improvements, and 335 feet of a future public street, 1068 Williston Road. The amendment consists of separating the mixed-use and renovated building phase (Phase 2) into separate phases known as Phase 2A and Phase 2B, adding nine (9) residential units to the mixed-use building, reducing the retail space to 5,800, and reconfiguring the parking garage within it, 1068 Williston Road. 2. The owner of record of the subject property is Champlain School Apartments Partnership. 3. The subject property is located in the City Center Form Based Codes Transect 4 (T4) District and the Traffic Overlay District. 4. The application was received on June 21, 2022. 5. For the purposes of this decision, the three buildings are referred to as follows: a. Mixed-use building – 5,800 sf retail and 83 residential units at the northeastern side of the property b. Renovated building – 100 room Holiday Inn hotel at the northwestern side of the property c. Approved hotel – 101 room hotel located at the southern end of the parcel and anticipated to become a Hampton Inn 6. The project approved herein will be constructed in two phases, referred to in this decision as Phase 2A and Phase 2B. The project recently obtained a zoning permit (ZP-22-043) to construct what was previously approved as Phase 2 (the mixed-use building and the renovated building). This application separates Phase 2 into Phase 2A and Phase 2B and allows the applicant to apply for a certificate of occupancy for Phase 2A prior to completion of Phase 2B. Phase 3, as defined in SP-22- 035 and consisting of the approved hotel, is unchanged. Phase 2A and Phase 2B are shown on plan sheet C2.01 Proposed Site Plan. No changes the renovated building or approved hotel, other than their sequence, are proposed or approved as part of this application. 7. The submitted materials consists of the following plans and supplemental information. Directly superseded materials are excluded. • Cover letter 5/20/2022 • Form Based Code Application Checklist 5/20/2022 SP-22-031 Findings of Fact and Decision 2 • Application Narrative 5/20/2022 • Application form 5/19/2022 • T-4 Building Envelope Standards Checklist and Self Evaluation, North Dorset Multi Family Building, 5/18/2022 • Letter: Water/Wastewater Design Flow Calculations 5/18/2022 • Memo: Trip Generation - hotel, residential units and retail 5/10/2022 • Landscaping Statement of Probable Cost Phase 2 5/20/2022 • Preliminary Water Allocation Letter from South Burlington Water Department, Mixed Use building 6/1/2022 • Project Drawings Sheet Number Sheet Name Latest Revision Date C0.00 Cover Plan 5/20/2022 C1.00 Legend and General Notes 5/18/2022 C2.01 Proposed Site Plan 6/07/2022 C3.01 Grading and Drainage Plan 7/20/2022 C4.01 Utility Plan 8/10/2022 C6.01 EPSC Plan 7/20/2022 C7.01 Site Details 1 5/18/2022 C7.02 Site Details 2 5/18/2022 C7.03 Site Details 3 5/18/2022 C7.04 Site Details 4 5/18/2022 C8.01 EPSC Details 5/18/2022 L2.00 Landscape Layout and Materials 5/18/2022 L4.00 Planting Plan Key 8/12/2022 L4.01 Planting Plan 8/12/2022 L4.02 Planting Plan 8/12/2022 L4.03 Landscape and Open Space 8/12/2022 L6.00 Lighting Plan 5/18/2022 North Dorset Multi-Family Architectural Plans Sheet Number Sheet Name Latest Revision Date (cover) North Dorset Multi-Family 5/18/2022 AP-201 Exterior Elevations - Glazing and Entry 5/18/2022 AP-202 Exterior Elevations - Building Breaks 5/18/2022 AP-203 Exterior Elevations - Building Calculations 5/18/2022 SD-100 Schematic Lower Level Parking Garage Plan 5/18/2022 SD-101 Schematic First and Second Floor Plans 5/18/2022 SD-102 Schematic Third and Fourth Floor Plans 5/18/2022 SD-103 Schematic Fifth and Penthouse Floor Plans 5/18/2022 SD-104 Schematic Roof Plan 5/18/2022 SP-22-031 Findings of Fact and Decision 3 SD-200 Schematic Elevations 5/18/2022 SD-201 Schematic Elevations 5/18/2022 SD-203 Schematic 3D Isometric 5/18/2022 SD-204 Schematic Perspectives 5/18/2022 SD-301 Schematic Building Sections 5/18/2022 8. Process Elements: a. The project is subject to administrative review and the requirements for a pre-application meeting, abutter notice, and written Department of Public Works and Fire Department review are not applicable because the application consists of less than 5,000 sf expansion from the previous approval for which such requirements were addressed. b. The Administrative Officer deemed the application complete on June 21, 2022. The applicant submitted final modifications to the application package on August 29, 2022. 9. Review Criteria: CITY CENTER FORM BASED CODES STANDARDS Section 8.03 Land Development and Building Placement A. Land Development. No land development shall be permitted except in full compliance with the applicable Building Envelope Standards (BES) and this Article. See below under Building Envelope Standards. B. Building Placement. All new buildings, and all additions to buildings, except as permitted in a T3 Cottage Court or as permitted under Section 8.11, Nonconformities, shall include at least one building façade located entirely within a Build-to-Zone. For the mixed-use building, the principal façade is located entirely within the primary build-to zone. No changes are proposed for the approved hotel or the renovated building. C. Special Requirements, Prohibitions & Exceptions. Not applicable. Section 8.04 Blocks, Streets, and Alleys A. General Standards (1) Purpose… (2) Construction of streets No changes to previous approvals are proposed. (3) Perimeter and Length of Blocks. Not applicable. (4) Frontage Buildout. See below under Building Envelope Standards. (5) Connectivity. All existing or proposed streets shall connect directly at each end to another existing public street, or planned or proposed street listed as a qualifying street type in the applicable BES. The portion of the public street within the applicant’s lands cannot extend to the limit of the applicant’s property line without blocking access to the proposed mixed use building. The applicant controls only 22-ft of the planned 60-ft right of way. The road is planned to be a Support Street typology. Within a support street, the cross section consists of the following elements: SP-22-031 Findings of Fact and Decision 4 • 6 – 16’ sidewalk • 5’ greenbelt • 8’ on-street parking • two 9 – 12’ drive lanes • 8’ on-street parking • 5’ greenbelt • 6 – 16’ sidewalk If the applicant were to construct the minimum required cross-section within the portion of the right- of-way that they control, it would consist of 6-ft sidewalk, 5-ft greenbelt, and 11-ft of drivable surfaces. Instead, they have proposed to pave the entire 22-ft section temporarily, with additional privately-owned sidewalk in front of the building. This temporary condition will support fire access and indicate to all users that a future roadway connection is anticipated. The Administrative Officer approves the temporary paving of this 22’ wide area, with the condition that the property owner is responsible, at the time of connection to the adjacent parcel, for re- construction of this 22’ area with the required elements required of a Support Street as indicated on Plan sheet C.2.04 unless otherwise approved. (6) Build-to-Zones. See below under Building Envelope Standards. B. Location of blocks and streets. (1) Applicability of block lengths and perimeters. The subject property is located within an exempt area. (2) Public Facilities on the Official Map. Where a planned street or any other planned public feature, facility, or improvement is shown on a parcel or lot on the Official Map, the owner of such parcel or lot shall provide an irrevocable offer of dedication of such planned street or planned public feature, facility for improvement to the City at the time of an application for land development on such parcel or lot. In the event that the applicant proposes a private street, a plan clearly depicting the area of such street shall be recorded in the land records prior to the issuance of any zoning permit. The following additional standards shall apply in either instance: The applicant must file a copy of the Irrevocable Offer of Dedication to the City of the portion of the planned street connection controlled by the applicant prior to issuance of a zoning permit. The City, at its discretion, may elect to only accept the offer when the full right-of-way width is offered. C. Primary and Secondary Streets. Williston Road and the future public street are both Primary Streets. D. Primary and Secondary Building Façade determination. For the purposes of the mixed-use building in accordance with 8.04D, the principal façade is located on the new street. E. Corner Radii; Clear zones. The proposed site plan includes a 25-foot clear zone free of all vertical obstructions as required. F. Alleys. An alley is proposed to access the parking to the side of and behind the renovated building and mixed use building. SP-22-031 Findings of Fact and Decision 5 Section 8.05 Parking A. On Street Parking. The future public street will include parallel parking. B. Off-Street Parking placement. Frontage requirements are met therefore the proposed parking is allowed. The Administrative Officer finds that on-site parking must be shared between all on-site uses. C. Structured Parking Lot Placement. More than the first 100-feet of the mixed-use building contains an allowed non-parking use. This criterion is met. D. Access to Off Street Parking. 13.01 requires commercial lots adjacent to other commercial lots to provide a driveway connection to any other adjacent commercial lot. There is a ravine between this property and the adjacent commercial lot to the east to the rear of the mixed use building, therefore no connection is feasible to the rear. The applicant is providing a future public roadway, discussed above, at the front of the mixed use building. Access to parking is provided via an alley. This criterion is met. Section 8.06 Special Standards A. Civic Sites. Not applicable. B. Places of Worship. Not applicable. C. Drive Throughs. Not applicable. D. Service Stations. Not applicable. E. Buffer Strip. Not applicable. F. Required Minimum Stories, Combined Stories. (1) Building Stories. Where these Land Development Regulations establish a required minimum number of stories, each story above the ground story up to and including the minimum number of required stories shall: (a) Contain a floor area of at least 75% of the building footprint for buildings with a building footprint of less than 60,000 square feet or 50% of the building footprint for building with a buildings footprint of 60,000 square feet or more; and, The required minimum number of stories is two. For the mixed use building, the total first story area is approximately 25,461 sq ft, while the total second story area is approximately 18,136 sq ft, or 71% of the first story area. A portion of this building also has a double-height first story, but since it has a third and fourth story above it, the minimums are met. (b) Be located directly above the story below and form an extension of the building facade for at least 75% of the building facade on all primary and secondary facades. For the mixed use building, the second story forms an extension of the first story for 100% of the primary façade. (2) Combined Stories For the mixed use building, the first story is less than the maximum allowed height of 24-ft, while each upper story is less than the maximum allowed height of 14 feet. Additionally, the first story contains an intermediate floor. As the intermediate floor is less than 5,000 s.f. in area and less than one-third of the first floor total area, and is a floor with a relationship to the floor below it, it is deemed a mezzanine under the LDR and is not considered to be a separate story. Therefore the SP-22-031 Findings of Fact and Decision 6 total number of stories is 5. The Administrative Officer finds that the applicant must update the architectural floor plans to reflect the partial floor plan exhibits provided on August 18, 2022. G. Rooftop Elements and Uses; utilities. (1) Conceal rooftop devices. For the mixed use building, there is no proposed rooftop equipment. The administrative officer finds the applicant must remove rooftop equipment from the plans. (2) Flat Roof Designs. For the mixed use building, the eastern half of the flat roof is enhanced with a fence and the western half is enhanced with a pergola. The Administrative Officer finds this criterion met. (3) Rooftop Use and structures. The total area of rooftop uses and structures may not exceed 200 sq ft or 20% of the area of the upper-most story of the building, whichever is greater, and the height of rooftop uses and structures may not exceed 14-ft above the maximum height of the building. The area of the fifth floor is 5,992 sf. Rooftop structures and uses include an architectural feature enclosing the elevator tower and adjacent stair, and two architectural features located above the other stairs. The applicant has indicated it is their intent to revise the plans to remove the architectural feature above the north stair, and to reduce the height of the architectural feature above the south stair to less than the maximum floor to ceiling height of the fifth floor. With these modifications, the applicant has testified that the area of rooftop structures and uses which exceed 14-ft above the floor of the fifth floor is approximately 1,104 sf. The administrative officer finds this criterion met. (4) Utility features. Utility features, such as generators, gas lines or meters, or electrical meters, shall not be located on any façade parallel to and adjacent to a street and shall be screened from view of any such street. The electric service location is proposed to be on the south of the mixed use building. The gas service is proposed to be on the east. Screening of the gas service is proposed to consist of shrubs. The administrative officer finds this criterion met. H. Alternate Compliance for Entrances in T4. For the mixed use building, the applicant has not requested alternative compliance for entrances. Entrances are addressed in the BES table for the building. The Administrative Officer finds that all entrances labeled as public on the approved plans must be operated in a manner consistent with the definition of public entrance. Section 8.07 Prohibited Materials No prohibited materials have been proposed. Section 8.08 Open Space Requirements Minimum Open Space is calculated as follows: Required Amount: New hotel building total area 83,927 sf x 6% = 5,036 sf Renovated building total area 57,620 sf x 6% = 3,457 sf SP-22-031 Findings of Fact and Decision 7 Mixed use building 5,789 sf non-residential x 6% = 347 sf 83 units @ 60 sf/unit = 4,980 sf Total = 13,820 sf Qualifying open space may be located on-site or within 150-feet of the site. 75% of non-residential open space must be part of the public realm, and 50% of residential open space must be commonly accessible to all tenants/residents. The applicant has proposed 16,689 sq ft of qualifying open space on-site. Type: The applicant has selected “courtyard” at 8,867 sq ft, “outdoor café/restaurant seating” at 3,639 sq ft, “snippet/parklet” at 1,110 sq ft, and “sun terrace” at 3,000 sq ft. The applicant has in their application referred to the “sun terrace” as a 3,073 sq ft “green roof,” which is not an allowable open space type. Sun terraces are limited to 3,000 sf maximum. The sun terrace is required to have one seat for every 50 sf of terrace. Of the allowable 3,000 sf, 1,625 sf is planted and 1,375 sf is hardscape. Therefore the applicant must provide 28 seats. Eight 8-ft benches are proposed, providing seating for 32. Sun terrace requirements are met. Other open spaces are unchanged from previous approvals. Within the “snippet”, among other features, the applicant has proposed a pergola with a glass covering. The covering is not apparent on the plans and is therefore required as a condition. The Administrative Officer finds that the size and type of Open Space are met in accordance with Section 8.08, and that the proposed open space design complies with the guidelines established in Appendix G – Open Space. All products installed in the qualifying open space must be of high quality materials intended to be used for commercial application, pursuant to Appendix G. Section 8.09 Uses Allowed and Changes of Use. No prohibited uses have been proposed. Section 8.14 T-4 Building Envelope Standards See attached completed Building Envelope Standards checklist TRAFFIC OVERLAY DISTRICT The Project is located in the traffic overlay district zone A and has a trip budget of 60 vehicle trips per PM peak hour (“trips”) based on a total parcel size of 3.68 acres and a budget of 15 trips per 40,000 sf. The applicant is proposing the following trip generating elements 101 Room Hotel (LUC 310) 50 trips 100 Room Hotel (LUC 310) 49 trips 83 unit mid-rise multifamily residential (LUC 221) 37 trips 6,200 sf retail (LUC unknown 23 trips Total 159 trips SP-22-031 Findings of Fact and Decision 8 Pre-existing conditions for the hotel generated 130 trips. Since the trip generation exceeds the budget, the applicant must obtain credits in accordance with Section 10.02 and Appendix B. The applicant and City have collaborated on a series of safety improvements at the intersection of Dorset Street and Williston Road and have prepared a traffic study demonstrating that the proposed improvements, taken together with transportation demand management commitments onsite, will result in a net benefit in traffic flow in the immediate vicinity of the project, pursuant to Section 10.02(H). Due to the location and function of the intersection, the City has determined that it will obtain approvals and construct the intersection improvements, and the applicant will provide engineering and pay for the improvements based on estimated costs. The City Manager and Applicant have completed a Memorandum of Understanding (“MOU”) entitled “Memorandum of Understanding between Champlain School Apartments Partnership, LLC (“Applicant”) and City of South Burlington, Vermont (“City”)” and dated January 31, 2020, that establishes the obligations for each party to complete the work that satisfies this standard, including payment as well as other transportation demand management strategies to which the applicant has committed to meet this standard. The MOU includes the provision that the agreed-upon improvements shall be considered sufficient to offset the traffic generation from 274 hotel rooms (or equivalent traffic generating uses). 274 hotel rooms would generate 179 PM peak hour trips using ITETripGen 10th edition for hotel (LUC 310) and the fitted curve method in accordance with LDR Appendix B.1. The applicant may, at a future time, apply for a change in use so long as the applicant demonstrates with a professionally prepared traffic impact analysis that any future use mix generates fewer than 179 trips. Such a computation may take into consideration internal capture if appropriate. The Administrative Officer finds this criterion met. The MOU is enacted by the issuance of SP-19-50/50A. Because this decision amends SP-19-50/50A, the MOU is enacted by this approval. SITE PLAN REVIEW STANDARDS Section 14.06 Site Plan 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. Building features are addressed above. Walkways are provided between the proposed buildings and connecting the open spaces. The Administrative Officer finds this criterion to be met. (a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. The project meets the required build-to zone requirements. (b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building foundations relate to the site’s topography and grade. The project meets the required entrance standards. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. SP-22-031 Findings of Fact and Decision 9 The administrative office finds the scale of the building consistent with surrounding context and planned development patterns. (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. The building provides pedestrian connectivity on three sides, and the site as a whole provides pedestrian circulation between the site and adjoining area. The administrative officer finds this criterion met. (e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of these regulations. The building is proposed with a flat roof. (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. Except as noted under (d) below, the Administrative Officer finds this criterion to be met. (b) …Not applicable (c) Parking area width. Surface parking areas and affiliated drive aisles located to the side of buildings shall not exceed the width of building(s), Civic Spaces, and Site Amenities along any street frontage. This may be calculated separately or cumulatively for corner lots. Parking approved pursuant to 14.07(B)(2)(b) shall be exempt from this subsection. Except as noted under (d) below, the Administrative Officer finds this criterion to be met. (d) …Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient landscaping to screen the parking from view of the Interstate. The applicant is proposing to continue to use the existing parking along the interstate side of the lot. The modifications to this parking are for the purpose of providing additional landscaping. The Administrative Officer finds this criterion met. (3) The height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. Building features are addressed above. The Administrative Officer finds this criterion to be met. B. Relationship of Structure 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. Building features are addressed above. The Administrative Officer finds this criterion to be 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. Building features are addressed above. The Administrative Officer finds this criterion to be met. SP-22-031 Findings of Fact and Decision 10 Section 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. Section 12.02 Wetland Protection Standards The applicant obtained DRB permit #MS-22-02 for impacts to 2,180 sf of Class II wetland. The administrative officer finds this criterion met. 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. 15.A.14 pertains largely to road design. No changes to previously approved roads, driveways, or circulation, including pedestrian circulation, are proposed. The Administrative Officer 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. Building features are addressed above. The Administrative Officer finds this criterion to be met. 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 3.11(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. The streetscape for Dorset Street extension was approved in SP-19-50A. No changes are proposed. The Administrative Officer finds this criterion met. G. 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. As discussed above under 8.04, the applicant is proposing a public street for the north-south segment and a temporary paving of the east-west segment, and the final configuration will be for a Support Street. Prior to issuance of a zoning permit enacting site plan approval #SP-21-035, the applicant provided a bond for the construction of the public road in the amount of the cost of the road plus a 15% contingency, subject to review and approval of the Director of Public Works for the north-south segment. For the east-west SP-22-031 Findings of Fact and Decision 11 segment, bonding requirements will be established by future decision(s) approving and requiring the construction of the street in its final configuration. The Administrative Officer finds no additional reservation of land to be necessary. 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.A.18, Infrastructure, Utilities, and Services, shall also be met. The plan indicates utilities will be underground. The Administrative Officer finds this criterion to be 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 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 Administrative Officer finds this criterion to be met. OTHER 3.18 Residential and Commercial Building Energy Standards Commercial buildings, as defined by 30 V.S.A. section 53(a), that are principal buildings, shall comply with the Commercial Building Energy Standards Stretch Code Guideline, as prepared and revised by the Vermont Public Service Department. New commercial buildings subject to this Section for which a complete application is submitted following the date these Regulations become effective, shall be required to meet the standards of Appendix CA: – Solar-Ready Zone of the Commercial Building Energy Standards as prepared and revised by the Vermont Public Service Department. The applicant testified that the multi Family Building will have provisions for a future solar photovoltaic system. The Administrative Officer finds this criterion met. 13.02 Off Street Parking and Loading 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 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 pedestrians. The distance between access points and parking areas shall be adequate to minimize blockage and prevent back-ups onto the public street. SP-22-031 Findings of Fact and Decision 12 The Administrative Officer finds this criterion met. (3) Provision shall be made for access by police, fire and emergency vehicles. No changes affecting compliance with this criterion are proposed. (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 Administrative Officer 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. These features are not included. 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 parking lot perimeter is surrounded by buildings, proposed vegetation, existing vegetation, except on the west. The applicant has explained that existing Champlain Water District and Vermont Agency of Transportation Rights-of-Way immediately adjacent to the existing parking lot preclude the applicant’s ability to provide perimeter planting along the western parking lot boundary. The Administrative Officer finds this criterion met. (2) In all parking areas containing twenty-eight (28) or more contiguous parking spaces and/or in parking lots with more than a single circulation lane, at least ten percent (10%) of the interior of the parking lot shall be landscaped islands planted with trees, shrubs and other plants. Such requirement shall not apply to structured parking or below-ground parking. SP-22-031 Findings of Fact and Decision 13 The applicant has provided more than the required minimum 10% of interior landscaping associated with new parking. The Administrative Officer finds this criterion met. (3) All interior and perimeter planting shall be protected by curbing unless specifically designed as a collection and treatment area for management of stormwater runoff as per 13.04(B)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and shall have a minimum square footage of sixty (60) square feet. Large islands are encouraged. The parking lot is proposed to be curbed. Not all islands shown on the plan meet the minimum size, however the applicant is well over the minimum amount of parking lot landscape islands required in (2) above. The Administrative Officer 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 Administrative Officer 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. 147 parking spaces are provided. 22 of the parking spaces are along the western property line. The applicant has explained that existing Champlain Water District and Vermont Agency of Transportation Rights-of-Way immediately adjacent to the existing parking lot preclude the applicant’s ability to provide shade trees along the western parking lot boundary. The Administrative Officer accepts this. Therefore 25 shade trees are required. A total of 27 are provided. The Administrative Officer finds this criterion met. (c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when measured on the tree stem, six (6) inches above the root ball. Trees are proposed to be 2.5 – 3 inches in caliper. The Administrative Officer finds this criterion met. (d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species should be grouped or located in a manner that reinforces the design and layout of the parking lot and the site. The Administrative Officer finds this criterion met. (e) Within the City Center FBC District, landscaping required within this section shall not count towards meeting minimum landscape budget requirements as detailed in Section 13.04(G). The value of the planted islands (highlighted on the applicant’s Landscape and Open Space Plan Sheet L4.03) and the value of 25 shade trees has been subtracted from the calculation of provided landscaping value. (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. A small amount of snow storage is provided and the applicant has indicated snow in excess of SP-22-031 Findings of Fact and Decision 14 storage areas will be moved to an offsite location when it exceeds the capacity of not shown on the provided plans. The Administrative Officer 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 Administrative Officer finds this criterion met. 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 front yard along Williston Road is well landscaped where it is not being used to meet frontage or open space requirements of the Form Based Code zoning districts. The Administrative Officer 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. In this application, the applicant is estimating the building cost of Phase 2A (the mixed use building) to be $18,000,000 and the building cost of Phase 2B (the renovated building) to be $5,000,000. The applicant has provided a phased proposal for landscaping and hardscape. Required minimum landscaping for Phase 2A and 2B is calculated as follows: Total Building Construction or Improvement Cost % of Total Construction/ Improvement Cost Minimum Required (Phase 2A) $18M Project cost Minimum Required (Phase 2A & 2B) $23M project cost Up to $250,000 3% $7,500 $7,500 Next $250,000 2% $5,000 $5,000 Remainder over $500,000 ($22,500,000) 1% $175,000 $225,000 Total: $187,500 $237,500 The applicant is proposing to “front-load” the project’s landscaping by exceeding the minimum required for the renovated hotel and mixed-use building, as shown below. SP-22-031 Findings of Fact and Decision 15 Project Phase Estimated Construction Cost Minimum Required Landscaping Proposed Landscaping Phase 2A (mixed-use building) $18,000,000 $187,500 $266,415 Phase 2A & 2B (renovated building) $23,000,000 $237,500 $375,120 The Administrative Officer finds the applicant may apply the excess landscaping value to the required minimum landscaping budget for Phase 3, the approved hotel, provided no Certificate of Occupancy for the approved hotel is granted prior to the issuance of a Certificate of Occupancy for the Renovated Hotel and Mixed Use Building. Within the T4, up to 80% of the required minimum landscaping value may be applied towards commissioned sculptures, fountains, ornamental planters, ornamental or commissioned benches, and ornamental or commissioned bicycle racks as part of a cohesive landscaping plan for the site that provides adequate planting of trees and shrubs appropriate to the site. The required landscape value and the applicant’s proposed landscaping is summarized in the following tables. Phase 2A Required Value Proposed Expenditure, Total On-Site Landscaping $175,000 $268,015 20% in trees, shrubs and non-bulb perennial vegetation $35,000 min $90,865 80% in other amenities $177,1501 1. Includes the cost of brick pavers above the cost of concrete and the non-plant cost of the green roof, which includes roof top pavers and pedestal system, planting trays, and specific green roof waterproofing, drainage, protection matting, etc. The applicant has not yet provided a plan for the green roof plantings. The applicant has provided the following statement of design objectives for the green roof plantings. The planting trays will have a combination of ornamental grasses with medium and low height perennials, creating a layered effect of the landscaping. The design goal is to create a central spine of the taller ornamental grasses as the main structure of the space with the medium and lower plant material adding color and season interest, as well as pollinator forage. This garden space will be viewed by from two sides, the unit terraces and the public access/sitting area. The taller ornamental grasses will help define the space creating an outdoor room, while adding some visual buffer for private terraces and public space. The Administrative Officer finds that the green roof plantings must meet the stated design objectives. Phase 2 Required Value Proposed Expenditure, Total On-Site Landscaping $237,500 $376,720 20% in trees, shrubs and non-bulb perennial vegetation $47,500 min $111,770 80% in other amenities $264,9501 SP-22-031 Findings of Fact and Decision 16 1. Includes the cost of brick pavers above the cost of concrete 13.05 Stormwater The plans were reviewed using the Stormwater Management Standards found in Section 12.03 of the LDRs. The Assistant Stormwater Superintendent indicated via email on 7/11/2022 that there were no comments. The Administrative Officer finds the applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 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 proposed project includes 24-foot high pole mounted site lights, wall mounted lights at 12-ft high, and bollard lighting. The approved qualifying open space includes column lighting at a height of 12-feet. The Administrative Officer finds that all on-site lighting must comply with the requirements of 13.07, including the requirement that all light sources be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent streets. Section 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 83 new dwelling units. The project is therefore subject to the Inclusionary Zoning minimum requirements. SP-22-031 Findings of Fact and Decision 17 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 construct 83 dwelling units consisting of 72 one-bedroom units and 11 two-bedroom units. Inclusionary requirement: o Minimum which must be inclusionary units: 83 x 15% = 12.45 (round to 12) (2) Inclusionary units required under this section shall be: (a) Constructed on site, unless off-site construction is approved under Section 18.01(E)(1)(b) (Off-Site Construction). The u (b) Integrated into the overall project layout and similar in architectural style and outward appearance to market rate units in the proposed development. All 83 rental units will be built as part of the same phase and in the same building with comparable finish, amenity, and efficiency. (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 applicant has proposed a mixture of inclusionary units, bedroom counts, and sizes that are proportional to the mixture of market rate units, as tabulated below. Size (sf) # Bedrooms # Market Rate # Inclusionary 460 Studio 4 0 602 1 14 2 693 1 3 0 707 1 2 0 727 1 2 1 745 1 27 5 SP-22-031 Findings of Fact and Decision 18 779 1 3 0 793 1 3 1 803 1 3 1 867 1 3 0 906 1 5 1 927 2 0 1 947 1 1 0 1181 2 1 0 Sum 71 12 Of the units that are below the minimum size, no more than a proportionate number of the total units are proposed to be inclusionary. The administrative officer finds that the third sentence of this criterion applies to the sixteen one bedroom units that are below 650 sf. The market rate and inclusionary units are the same size for these units and therefore this criterion is met. (vii) 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. The mean number of bedrooms in the market rate units is 1.1. The mean number of bedrooms in the inclusionary units is 1.2. This criterion is met. All units will be constructed and made available at the same time. 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. The applicant will offer the inclusionary units at a rent, including utility allowances, in accordance with the VHFA max rent and purchase price affordability thresholds reported annually. The units must remain affordable in perpetuity commencing from the date of initial occupancy through a deed restriction, restrictive covenant, or through purchase by or a contractual agreement with a local, state or federal housing authority or nonprofit housing agency, to be reviewed by the City Attorney and approved by the City Manager, or their designees, prior to recording in the City of South Burlington Land Records. The maximum monthly rent that may be charged is one-twelfth of 30% of the targeted Area Median Income (80%) corresponding to the size of the specific unit (measured in number of bedrooms). When any component of the rental housing costs (such as utilities) is excluded, the maximum rent that may be charged is reduced accordingly. 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 SP-22-031 Findings of Fact and Decision 19 eligibility requirements established by the partner housing organization. The Administrative Officer finds this criterion met. 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; 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. Section 3.18 Energy Standards The Administrative Officer notes that all new building are subject to the Stretch Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. Section 12.02 Wetland Protection Standards The project will impact approximately 2,180 sq ft of Class II wetland buffers. The applicant has received authorization under the Vermont General Wetland Permit for the proposed wetland impact. The DRB also approved the proposed wetland impacts (#MS-22-02). Section 13.07 Exterior Lighting The proposed project includes pole mounted site lights, pole mounted lights in the right of way, canopy lights, and building mounted sconces. The Administrative Officer finds that all on-site lighting must comply with the requirements of 13.07, including the requirement that all light sources be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent streets. The applicant’s use of dimmable fixtures supports this criterion should unforeseen issues arise. SP-22-031 Findings of Fact and Decision 20 Section 13.04 Bicycle Parking The short-term bicycle parking requirement of 12 spaces for the renovated building based on 57,620 sf at one space per 5,000 sf, and 11 for the mixed use building based one space per 10 units plus one space per 5,000 sf is met. For the mixed-use building, 85 long term bicycle parking spaces are required based on one per unit plus one per 5,000 sf non-residential use. 88 long term bicycle parking spaces are provided on the first floor. The applicant must include at least one clothes locker associated with the non-residential use. Water Supply The South Burlington Water Department reviewed the provided plans on March 10, 2022 and provided a letter on June 28, 2022 indicating their comments have been addressed. Traffic Impact Fees The project is proposed to generate 159 vehicle trips per hour during the PM peak hour on adjacent streets (“VPH”) at full-build. The previous approval for the project proposed 155 trips. Therefore the project must pay an additional traffic impact fee for 4 additional trips. The new road proposed as part of the project is a traffic impact fee eligible project. The applicant estimates the proposed roadway construction costs to be in the magnitude of $200,000. The applicant has previously obtained credit for $46,591.88 in roadway construction costs. Therefore the Administrative Officer recommends the City Council issue a credit against the traffic impact fee for the 4 additional trips, because the as-yet uncredited cost of the roadway, which would otherwise be paid by traffic impact fees, exceeds the traffic impact fee due by the applicant. BUILDING ENVELOPE STANDARDS See following pages SP-22-031 Findings of Fact and Decision 21 Applicant Self- Evaluation, Mixed-Use Criteria Satisfied, Mixed-Use Primary Façade Primary Façade (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)All Types (2)Building Stories (a)Principal 5 5 (b)Accessory 1 N/A (3)Floor-to-Floor Height (a)First story 22'-8 1/4"22'-8 1/4" (b)Upper Stories 10'-8 1/4"10'-8 1/4" (4)Build-to-Zone (a)Primary Build-to-Zone (note 3)0' Min., 12' Max.0' Min., 18' Max.12' min provided 12' (b)Secondary Build-to-Zone (note 3)0' Min., 24' Max.0'. Min., 36' Max.12' min provided N/A (5)Frontage (a)Frontage Buildout, Primary Streets (note 3)70% Min.70% Min. (Note 1) 58% 74.4% taken in aggregate (b)Frontage Buildout, Secondary Streets (note 3) 70% Min. within 80' of Primary Street, 50% Min. elsewhere 70% Min. within 80' of Primary Street, 50% Min. elsewhere (Note 1) N/A (b)Percentage of Frontage Buildout within the Primary Build-to-Zone (note 3) 75% Min.100% Max. 100%100% (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone (note 3) 0% Min., 25% Max.100% Max. 0% (6)Entrances (a)Average frequency of Public Entrances, non-residential first story use (note 3) 36' Max.54' Max.26.49'23.0' (b)Maximum distance between Public Entrances, non-residential first story (note 3) use 46' Max.72' Max. 39'39' (c )Average Frequency of Operable Entrances, residential first story use (note 3) 36' Max.54' Max. N/A N/A (d)Maximum distance between Operable Entrances, residential first story (note 3) 46' Max.72' Max. N/A N/A None None Permitted 2 Min., 5 Max. 1 Max. 24' Max. 14' Max None None T-4 BES (South Burlington Land Development Regulations, 8.13), Mixed Use Building Primary Building Façade Requirements Secondary Building Façade Requirements SP-22-031 Findings of Fact and Decision 22 Applicant Self- Evaluation, Mixed-Use Criteria Satisfied, Mixed-Use Primary Façade Primary Façade (7)Glazing (a)First Story Min. 40% of the Width of the Building, and Min. 7.5' in Height for non-residential and 6' in height with min. window head height of 7.5' for residential Min. 20% of the Width of the Building, and Min 7.5' in Height for non-residential and 6' in height with min. head height of 7.5' for residential 64.2% of building at 10'- 4" min height 64.2% @ 8.16' high (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. 100%100% (c )Upper Stories See below See below (d)Ground story residential privacy See below No residential on first floor (8)Building Breaks (see building breaks figure) (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80'3 min, < 80' apart 5 provided, 4 required (b)Single Span of Horizontal Facade Without a Break 48' Max.48' Max.48'-0"24' (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules Yes, applicable Yes, provided (D) Block and Street Standards (1)Blocks (see section 8.04) (a)Perimeter (see note 3) (b)Length (see note 3) (2)Street & Connection Types (see article 11) (a)Neighborhood Street Narrow (b )Neighborhood Street (c)Private commercial way (d)Support Street Met See findings (e)Commercial Street (f)Avenue (g)Commercial Boulevard (h)Destination Street (i)Market Street and Garden Street (j)Path (k)Pedestrian Pass (l)Alley (m) All other street types Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street 300' Min., 700' Max. See Note 2 Ground story facades facing a street or public park shall be designed to provide privacy to the interior of the units through either establishing a window sill height of at least 36" above the adjacent sidewalk or a conbination of landscaping and hardscaping to create the same effect. Encouraged 2,800' Max. Permitted Connection, Not a Street Prohibited Permitted Connection, Not a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted Connection, Not a Street T-4 BES (South Burlington Land Development Regulations, 8.13), Mixed Use Building Primary Building Façade Requirements Secondary Building Façade Requirements SP-22-031 Findings of Fact and Decision 23 Applicant Self- Evaluation, Mixed-Use Criteria Satisfied, Mixed-Use Primary Façade Primary Façade (4)Curb Cuts (not including street intersections) (a)On Market Street (b) On Garden Street (b)All other streets Met Met (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit Met See note 4 (2) Location & Screening (a) (b)Met Met (c ) (d) Met Met (e )Met Provided (f) Met Complies (3) Off-Site Parking (F) Supplemental District Standards (1)Where a T-4 Lot abuts the R4 or R7 Zoning District, the following standards shall apply: (a) A buffer strip shall be required (see section 8.06E) (b) (c ) (d) (e) (f) N/A N/A New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height 400' Min. distance between curb cuts 400' Min. distance between curb cuts 100' Min. distance between curb cuts 2 spaces Max. New construction resulting in additional non-residential gross floor area or residential units shall meet T-4 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner No building located within one hundred and fifty feet (150') from the R4 or R7 District boundary shall exceed four (4) stories in height. T-4 BES (South Burlington Land Development Regulations, 8.13), Mixed Use Building Primary Building Façade Requirements Secondary Building Façade Requirements N/A N/A Parking under structures is encouraged Parking shall only be permitted in compliance with applicable BES standards for building frontage (a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses. (b) Off-site parking within 1200’ may be used to meet parking requirements for non- Residential uses. The third story of any building shall be set back a minimum of twelve feet (12’) from the rear building line; and, The fourth story of any building shall be set back a minimum of twenty-four feet (24’) from the rear building line. Along Secondary Streets, parking structures within the build-to-zone that do not meet entrance and/or glazing standards are permitted and shall count towards Frontage Building requirements, provided that a minimum of 0.5% of the construction cost is used for original artwork installed on or in front of the building façade facing said street. Along Secondary Streets, a Streetfront Open Space, as defined within these Regulations, shall count towards Frontage Buildout requirements. SP-22-031 Findings of Fact and Decision 24 Applicant Self- Evaluation, Mixed-Use Criteria Satisfied, Mixed-Use Primary Façade Primary Façade (2) (a) (b) (c) (d) (e)Such building shall comply with all other provisions of these Regulations. (3) (a) (b) (4) N/A N/A (5) N/A met (G) Streetscape Standards (1)General Standards (a) met met (b)met met (c )met met (d)Proposed development shall comply with all requirement of Article 11 met See findings. (2)Streetscape requirements (a) Benches Provided in plaza between Holiday Inn and None in streetscape (b)Bicycle Racks for at least 5 bikes 13 racks provide 26 None in streetscape (c )Street Tree Spacing, on center 35' average provided30' provided Notes (1) N/A, no secondary façade N/A N/A If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. No new single-sotry building shall be permitted within one thousand (1,000) linear feet in any direction from any existing single-story building approved under Such building shall be a minimum of 24' in height and shall have the appearance of two or more stories; Such building shall have entries at a frequency of every 50' or less and shall have a maximum distance between entries of 60'; and, Small Single Story Principal Buildings. New small single-story principal buildings shall be permitted subject to the following requirements: Such building shall have a maximum footprint of 3,500 square feet; and, Such building shall comply with all other provisions of these Regulations. Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. Gateway Area. Within a Gateway Area, corners of buildings located at street intersections shall include one or more significant architctural features, such as but not limited to, vertical projections, changes in materials, top-story open spaces, and/or first-floor prominent features. Such building shall building shall have a frontage greater than 100' and a footprint greater than 10,000 square feet; Large Single Story Principal Buildings. New large single-story principal buildings shall be permitted subject to the following requirements: Permitted May be used to meet short-term requirements of 13.14 50' Max. average All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this code. Upper Story setbacks. Except where located within a Gateway Area, all stories not categorized as a rooftop structure in Section 8.06 above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the primary and secondary building facades. N/A N/A T-4 BES (South Burlington Land Development Regulations, 8.13), Mixed Use Building Primary Building Façade Requirements Secondary Building Façade Requirements SP-22-031 Findings of Fact and Decision 25 DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-22-031 of Champlain School Apartments, subject to the following conditions: Prior to Issuance of a Zoning Permit 1. The site plans must be revised to show the changes below and shall require approval of the Administrative Officer. A digital copy of the full revised plan set must be submitted to the Administrative Officer prior to zoning permit approval. a. update the architectural floor plans to reflect the partial floor plan exhibits provided on August 18, 2022. b. remove rooftop equipment from the plans c. update the architectural floor plans to include at least one clothes locker associated with the non-residential use d. update architectural plans to remove the north stair tower projection above the roof, and reduce the height of the south stair tower projection to be no more than 14-ft above the floor of the penthouse level. 2. Prior to issuance of a zoning permit, the applicant must file a copy of the irrevocable offer for the future public roadway signed by the applicant in a form acceptable to the City Attorney. This must include the north-south segment, if not previously provided to the City, and the portion of the east-west segment within the applicant’s property. The City may elect not to accept the offer for one or both segments until the roadway connects at each end to a public road. 3. Prior to issuance of a zoning permit, the applicant must receive final water and wastewater allocation for the additional units. 4. The current zoning permit for the property required a landscaping surety for the previously approved $60,680 in trees, shrubs and non-bulb perennial vegetation in the amount required by Section 15.A.20. This approval increases the approved value of trees, shrubs and non-bulb Applicant Self- Evaluation, Mixed-Use Criteria Satisfied, Mixed-Use Primary Façade Primary Façade (2)Upper Story Glazing Shall comply with the following standards: 38.48%met 80% +met Applicable each grouping seperated by more than 7" Will be detailed in final construction documents with 3" recess.see condition 86.20% (3) (4) Standard does not apply to a building façade abutting an Intertstate or Interstate ramp (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. (e) a minimum of 85% of all required glazing shall be transparent (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. (a) Upper story glazing shall be a minimum of 30 percent of the façade on the primary building facade and 20% on secondary building facades. (b) 80% of glazing on upper stories shall be taller than wide As a predominantly mixed use non-residential project, this criterion is met. T-4 BES (South Burlington Land Development Regulations, 8.13), Mixed Use Building Primary Building Façade Requirements Secondary Building Façade Requirements SP-22-031 Findings of Fact and Decision 26 perennial vegetation from $60,680 to $111,770 therefore an additional landscaping surety for $51,090 in vegetation, in the amount of $30,545 according to the methodology in 15.A.20, is required. 5. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Administrative Officer finds the amended plan will generate an additional four (4) vehicle trip ends during the P.M. peak hour. 6. The applicant shall obtain a zoning permit for the amended plan within six (6) months of this approval. The applicant may apply for one (1) extension to an approval if the application takes place before the approval has expired and if the Administrative Officer determines that conditions are essentially unchanged from the time of the original approval. In granting such an extension, the Administrative Officer may specify a period of time up to one (1) year for the extension. 7. Prior to issuance of a zoning permit for use of the commercial space, the applicant must demonstrate either that the proposed use generates fewer than 47 trips or that the total trips generated by the site is fewer than 179. Prior to Issuance of a Certificate of Occupancy 1. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 2. The proposed project shall 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 shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 3. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 4. Within the “snippet” open space type, the applicant shall provide a glass covering over the pergola. 5. All products installed in the qualifying open space must be of high quality materials intended to be used for commercial application, pursuant to Appendix G. 6. Bicycle parking and clothes lockers must be installed in a manner meeting the minimum standards of 13.14. 7. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of any building. 8. 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. 9. All new buildings are subject to the Stretch Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. The applicant must provide the Administrative Officer with a copy of the energy certificate for each building prior to issuance of a Certificate of Occupancy. 10. No Certificate of Occupancy for the approved hotel may be granted prior to the issuance of a Certificate of Occupancy for the Renovated Hotel and Mixed Use Building. 11. Prior to a certificate of occupancy for any of the approved buildings, the applicant must receive an approved street name and address from the Department of Planning and Zoning. SP-22-031 Findings of Fact and Decision 27 Operational and Ongoing Conditions 12. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 13. All entrances labeled as public on the approved plans must be operated in a manner consistent with the definition of public entrance. 14. The Traffic MOU established by the City remains in effect. 15. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 16. All on-site lighting must comply with the requirements of 13.07, including the requirement that all light sources be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent streets. 17. Any change to the approved plan will require approval by the Administrative Officer. Signed on this 2nd day of September, 2022 by Marla Keene, 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.