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HomeMy WebLinkAboutSP-22-050 - Decision - 0112 Garden Street THE SNYDER-BRAVERMAN DEVELOPMENT CO., LLC — 112 GARDEN STREET SITE PLAN APPLICATION #SP-22-050 FINDINGS OF FACT AND DECISION 1 SP-22-050 Findings of Fact and Decision Site plan application #SP-22-050 of the Snyder-Braverman Development Co, LLC to amend a previously approved plan for a mixed-use building consisting of 131 residential units and 1,800 square feet of commercial space on three existing lots totaling 2.63 acres. The amendment consists of adding 5,000 square feet of childcare use and removing 11 units for a total of 120 units, 112 Garden Street. 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 application consists of amending a previously approved plan for a mixed-use building consisting of 131 residential units and 1,800 square feet of commercial space on three existing lots totaling 2.63 acres. The amendment consists of adding 5,000 square feet of childcare use and removing 11 units for a total of 120 units, 112 Garden Street. 2. The owner of record of the subject property is South Burlington City Center, LLC. 3. The subject property is located in the City Center Form Based Codes Transect 4 (T4) District. 4. The application was received on September 27, 2022. 5. The submitted materials consists of the following plans and supplemental information. • Project Narrative 09/07/2022 • Application 09/16/2022 • Abutters List undated • T4 Building Envelope Standards Checklist and Self-Evaluation 09/07/2022 • Qualifying Open Space Narrative 09/07/2022 • Table of Tracking for Inclusionary Zoning 09/07/2022 • Trip Generation Summary 09/07/2022 • Typical Window Detail 12/19/2019 • Bicycle Rack Cut Sheets undated • Truck Turning Radius 09/07/2022 • Landscape Budget Calculation 09/07/2022 • Open Space Narrative 09/07/2022 • Large Development Area Open Space Assignment of Open Space Assignment #1 4/10/2020 • Parking Lot Landscaping Area 09/07/2022 • Solar Ready Analysis, prepared by Jutras Architecture, 07/08/2022 • Solar Ready Zone Sheet P-001 prepared by Jutras Architecture, 09/15/2022 • Project Drawings CIVIL PLANS –SOUTH BURLINGTON CITY CENTER LOTS M1/M2/M3 prepared by Lamoureux & Dickinson 1 Site Plan 11/12/2019 revised 09/07/2022 2 Existing Conditions Plan 09/07/2022 3 Grading & Utility Plan 09/07/2022 4 Erosion Prevent & Sediment Control Plan 09/07/2022 2 #SP-22-050 Findings of Fact and Decision 5 Lighting Plan 09/07/2022 6 Lighting Plan (Open Space) 01/21/2022 7 Stormwater Infiltration System Details 11/12/2019 8 Details and Specifications Sitework 08/31/2022 9 Details and Specifications EPSC & Site Details 11/12/2019 10 Details and Specifications Water 09/07/2022 11 Pavement Marking and Sign Plan 09/07/2022 ARCHITECTURAL PLANS – Prepared by Jutras Architecture Building Sections – 09/15/2022 Building Wall Sections – 09/15/2022 Glazing Calculations – 09/16/2022 Garage and Bike Rack Layout, revised 09/16/2022 Elevations – 2 pages – 09/16/2022 Entrance Spacing – 09/16/2022 Floor Plans – 3 pages – 09/16/2022 Solar Ready Zone – 09/15/2022 LANDSCAPE ARCHITECTURE PLANS – PROSPECT PLACE SOUTH BURLINGTON VERMONT prepared by Wagner Hodgson Landscape Architecture L100 Overall Layout & Materials Plan 09/23/2022 L101 Detail Layout & Materials Plan 09/23/2022 L200 Planting Plan 09/23/2022 L300 Landscape & Planting Details 2/15/2022 L301 Planting Specifications 02/15/2022 L302 Planting Specifications 02/15/2022 L303 Planting Specifications 02/15/2022 L304 Planting Specifications 02/15/2022 RTU VISIBILITY STUDY FROM STREET LEVEL – PROSPECT PLACE – BLOCK E prepared by Jutras architecture and dated 5/12/2020 sheets P-000 to P-006 RFI-001 PARAPET DETAIL – PROSPECT PLACE – BLOCK E prepared by Jutras architecture and dated 08/04/2022 TRASH ENCLOSURE DETAIL- Sheet A1.0 prepared by Snyder Homes, dated 05/22/2015 6. Process Elements: a. The project is subject to administrative review. 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 September 27, 2022. The applicant submitted final modifications to the application package on October 18, 2022. 7. Review Criteria: CITY CENTER FORM BASED CODES STANDARDS Section 8.03 Land Development and Building Placement 3 #SP-22-050 Findings of Fact and Decision 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. The principal façade is located entirely within the primary build-to zone. C. Special Requirements, Prohibitions & Exceptions. Not applicable. Section 8.04 Blocks, Streets, and Alleys A. General Standards (1) Purpose… (2) Construction of streets (a) Where a building is proposed to be located on a lot that is adjacent to a new or extended street, such street shall be constructed by the applicant pursuant to Article 15 and in accordance with the requirements of Article 11, Street Typologies. The public street was approved (SP-20-009) pursuant to the conditions of subdivision approval SD- 19-24. The conditions of that approval require certain portions of the roadway to be complete prior to issuance of the certificate of occupancy for the first building on the street segment. The Administrative Officer finds the certificate of occupancy for this building shall not be issued until the conditions of SD-19-24 are met. (b) Where a building is proposed to be located on a lot that is adjacent to existing street, such street shall be upgraded pursuant to Article 15 and in accordance with requirements of Article 11, Street Typologies. Not applicable (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 design of the public street was approved in SD-19-24. The Administrative Officer finds this criterion not applicable. (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 4 #SP-22-050 Findings of Fact and Decision 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: (a) – (e) Not applicable C. Primary and Secondary Streets. Garden Street is a Primary Street. D. Primary and Secondary Building Façade determination. In accordance with 8.04D, the principal façade is located on Garden Street. E. Corner Radii; Clear zones. The proposed site plan includes a fire hydrant located outside the required clear zone at the permanent driveway entrance. The Administrative Officer finds this criterion met. F. Alleys. No alleys are proposed. Section 8.05 Parking A. On Street Parking. The future public street will include parallel parking. B. Off-Street Parking placement. Off-street parking is located at least 120 feet from the street and frontage buildout requirements are met, which is greater than the 25-foot minimum. C. Structured Parking Lot Placement. The structured parking is below the ground, therefore this criterion is not applicable. D. Access to Off Street Parking. Off-street parking is accessed from Garden Street via a shared access with the future adjacent building to be to the east on Garden Street. 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. The required minimum number of stories is two. Four stories are proposed. Proposed upper stories contain a floor area of more than 75% of the building footprint and are located directly over the lower stories. Each story is equal to or below the maximum height. G. Rooftop Elements and Uses; utilities. (1) Conceal rooftop devices. 5 #SP-22-050 Findings of Fact and Decision The applicant has provided a six (6) page set of elevations showing the appearance of rooftop elements from various locations around the site. The Administrative Officer finds this criterion met. (2) Flat Roof Designs. The building is proposed to have a flat roof, therefore architectural elements such as cornices must be included. The applicant has provided a parapet detail showing a three-level wood block detail for the upper edge of the roof. The applicant has indicated on exhibit RFI-001 dated 8/4/2022 that this detail will be included at the top of the grey ‘hardieplank cementious siding’ on the façade facing Garden Street. 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 upper story is approximately 32,400 sf. A rooftop structure is proposed which is less than 14-ft high and is approximately 500 sf, representing approximately 1% of the area of the upper story. The building is one story lower than the maximum permitted stories in the zoning district. 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. Utility connections are proposed to be on the north and east façades, away from Garden Street. H. Alternate Compliance for Entrances in T4. The applicant has not requested alternative compliance for entrances. Entrances are addressed in the BES table. The Administrative Officer finds that the entrances to the non-residential spaces 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: 120 units residential x 60 sf/unit = 7,200 sf Non-residential 6,800 sf x 6% = 408 sf Total = 7,608 sf Qualifying open space may be located on-site or within 150-feet of the site, or qualify for and make use of a Large Property Open Space. 75% of the non-residential component must be part of the public realm. 50% of the residential open space must be commonly accessible to all tenants/residents. 6 #SP-22-050 Findings of Fact and Decision The applicant has proposed to provide 3,408 sf of their required open space in the Large Property Open Space approved in MS-19-06. Pursuant to the conditions of that approval, the applicant has demonstrated concurrence of the property owner of this open space in the form a recordable legal instrument. The applicant has also demonstrated that the existing or proposed building within will have uninterrupted pedestrian access (save for street or driveway crossings) to such qualifying open space(s). Access consists of a paved sidewalk and recreation path intended for pedestrian and/or bicycle use. The Administrative Officer finds such uninterrupted pedestrian access to any designated open space(s) must be constructed and completed prior to the issuance of a Certificate of Occupancy for the building. The Administrative Officer finds that the open space dedication must be recorded prior to issuance of a zoning permit for the project. The applicant has demonstrated that the building is located within ¼ mile walking distance of the designated open space, as measured from the nearest corner of the building to the entrance to the open space via a pedestrian connection. The applicant proposes to provide the remaining 4,200 sf of open space on site. Type: The applicant has provided a “pocket/mini park” at approximately 4,200 sf. There must be one seat for each 750 sq ft of park size. The pocket park contains eight (8) bench seats, and an assortment of Adirondack chairs and café style seating. 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 Article 11B – Civic Space and Site Amenities. All products installed in the qualifying open space must be of high-quality materials intended to be used for commercial application, pursuant to Article 11B. 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 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. The DRB shall consider the following: (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. 7 #SP-22-050 Findings of Fact and Decision (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. 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 four of six sides. Pedestrian movement around the west side is achieved via a public recreation path located on the far side of the stormwater treatment system. Walkways are provided to the open space areas and to the building entrances. The applicant has provided for a 15-foot wide pedestrian easement near the south end of lot M2 and M3. (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. 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. The Administrative Officer finds this criterion to be met. (d) Not applicable (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 Proposed Structures to the Site. (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. Architectural features are addressed in the building envelope standards. The Administrative Officer finds this criterion met. (2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The project is proposed to adhere to the existing terrain and planned road network. The Administrative Officer finds this criterion met. 8 #SP-22-050 Findings of Fact and Decision (3) To accomplish (1) and (2), the DRB shall consider: (a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development defined by the planned or existing street grid, block configurations, position and orientation of principal buildings, prevalence of attached or detached building types. (b) Architectural Features. Respond to recurring or representative architectural features that define neighborhood character, without adhering to a particular architectural style. (c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and back yard areas through context sensitive design. Administrative Officer finds this criterion to be met. 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 state wetland permit #2013-293 in 2017, and US Army Corps of Engineers permit NAE-2016-02311 in 2018, which address the impacts to wetland for the overall City Center project. There are no wetland impacts on the subject property, but there are wetland buffer impacts associated with grading, and a very small (approximately 70 sf) area of permanent wetland buffer impacts. The DRB approved the proposed wetland impacts (#CU-18-01). 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. Relevant provisions include the following which are paraphrased from 15.A.15 E(6) Design access points to include curb radii necessary to accommodate anticipated vehicle types and speeds while also minimizing pedestrian crossing distances. E(7) Provide for safe access to abutting properties for motorists, cyclists, and pedestrians, including safe sight distances, access separation distances, and accommodations for high-accident locations. E(8) Align access points with existing intersections or curb cuts and consolidate existing access points or curb cuts E(9) Minimize vehicular access points (curb cuts) to abutting properties and building lots along pedestrian-oriented street frontage The Administrative Officer finds this criterion met and has not provided a review of the individual criteria of 15.A.14 since it is largely not applicable with the exceptions noted above. 9 #SP-22-050 Findings of Fact and Decision 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 Garden Street was approved in SD-19-24. The Administrative Officer finds this criterion not applicable. 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. The applicant is proposing a shared access between the subject property and the properties immediately to the east. As part of the approved subdivision, there is a 55-ft wide access easement located on the border between the two properties. 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. Waste disposal is proposed to be located in the south corner of the lot and will be screened with wood shadowboard fencing. 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. 10 #SP-22-050 Findings of Fact and Decision 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 has provided plan A 220 dated 9/15/2022 demonstrating how they plan to meet the standards of Appendix CA. 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. The Administrative Officer finds this criterion met. (3) Provision shall be made for access by police, fire and emergency vehicles. The Fire Inspector reviewed the plans on 10/11/2022 and indicated with the provision of mountable curbing on the southwest island, there were no issues. (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 to be partially met. The proposed childcare use requires, under state law, a dedicated outdoor play area. The applicant has proposed for the outdoor play area to be a lawn area south of the south wing of the building. Pedestrian access to the play area is via a sidewalk from the rear door of the childcare use, along the perimeter of the proposed surface parking, and requires crossing the ramp to the parking garage. Prior to issuance of a zoning permit, the Administrative Officer finds that the applicant must revise the ramp crossing to provide appropriate vehicle control that prioritizes safe movement of children and teachers to and from the play area over vehicular movement during crossing times. Such control may include rectangular rapid flashing beacons, boom gates similar to those used at railroad crossings, retractable gates, change in pavement surface materials, paint, audible warnings, or other features. The applicant must demonstrate coordination of the proposed treatment with the childcare provider prior to issuance of a zoning permit. (5) Bicycle parking or storage facility. See Section 13.03 11 #SP-22-050 Findings of Fact and Decision (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. 13.03 Bicycle Parking and Storage. The short-term bicycle parking requirement is 14 spaces based on 120 units at one space per 10 units and 6,800 sf commercial space at 1 space per 5,000 sf. The short term bicycle parking requirement is not met by providing eight inverted-U style bicycle racks divided between three rear entrances to the building. Spaces must be distributed between all principal entrances. The administrative officer finds the applicant must add at least one inverted-U bicycle rack in the location indicated on the annotated site plan dated October 18, 2022 at the front of the building near the entrance labeled as “main entrance.” The long-term bicycle parking requirement is 121 spaces based on 120 units at one space per unit and 6,800 sf of commercial space at 50% of the short term bicycle parking requirement. The applicant has provided 148 parking spaces in the underground parking garage, including 120 spaces at the front of vehicle parking spaces and 28 spaces on common racks. The applicant must modify the plans to indicate the location of at least one clothes locker for the commercial space. With the above-described modifications, the Administrative Officer finds the bicycle parking requirements will be met. 13.04 Landscaping, Screening & Street Trees B. Except for parking spaces accessory to a one-family or two-family dwelling, all off-street parking areas subject to review by the Development Review Board, shall be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers, as approved by the Development Review Board. Sections of recessed curb are permitted if their purpose is to allow stormwater runoff from the adjacent parking area to reach stormwater collection, treatment and management infrastructure. The Development Review Board shall consider the adequacy of the proposed landscaping to assure the establishment of a safe, convenient, and attractive parking area and the privacy and comfort of abutting properties. (1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees, shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of the parking lot from the public way and from adjacent uses and properties, and to provide shade and canopy for the parking lot. In some situations it may be necessary both for surveillance purposes and for the perception of safety to install the size and type of plants that leave visual access between the parking lot to the public way or other pedestrian areas. The parking lot perimeter is surrounded by buildings or existing woods. 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 12 #SP-22-050 Findings of Fact and Decision 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. The project includes 75 surface parking spaces. The applicant has testified that the parking area is 38,302 sf and that there are 3,950 sf of interior parking lot islands. (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. Planted islands are proposed to be more than 6-ft. 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. 75 surface parking spaces are proposed and 16 shade trees are proposed within the interior of the parking area. 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 except for the autumn brilliance serviceberry which is proposed to be 1.5 - 2 inches, of which four are proposed. The Administrative Officer finds that since this is an ornamental tree and not a shade tree, the proposed caliper is acceptable. (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 applicant estimates the value of the provided parking lot shade trees to be $930 each. Though 16 are provided, only 15 are required. Therefore $930 x 15 = $13,950 of the total landscaping value is not allowed as contributing towards the minimum landscape budget requirements. (7) Snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface waters. Snow storage areas have been provided. The Administrative Officer finds this criterion met. 13 #SP-22-050 Findings of Fact and Decision 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 Administrative Officer finds the landscaping sufficient. G(3) Landscaping Budget Requirements. The Development Review Board shall require minimum planting costs for all site plans, as shown in Table 13-4 below. In evaluating landscaping requirements, some credit may be granted for existing trees or for site improvements other than tree planting as long as the objectives of this section are not reduced. The costs below are cumulative; for example, a landscaping budget shall be required to show a planned expenditure of three percent of the first $250,000 in construction or improvement cost plus two percent of the next $250,000 in construction or improvement cost, plus one percent of the remaining cost over $500,000. The landscaping budget shall be prepared by a landscape architect or professional landscape designer. The cost of the proposed building is $20,675,000, requiring $214,250 in plantings. 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 values and the applicant’s proposed landscaping are summarized in the following table. Required Value Proposed Expenditure On-Site Landscaping $214,250 $214,853 20% in trees and shrubs $42,850 min $71,4111 80% in other amenities $143,442 1. Excludes $13,950 in required parking lot landscaping in accordance with LDR 13.04B(4)(e). For the purposes of this application, “80% in other amenities” includes pigmented concrete paving, concrete pavers, outdoor tables and chairs, stone and concrete walls and wall lights, artwork, planters, and column lights. Artwork shall be provided to the Public Arts committee for advisory review and Administrative Officer approval for consistency with LDR 8.08, 13.06, and lighting standards, prior to issuance of a Certificate of Occupancy. Art must be original commissioned work and must be installed prior to issuance of a Certificate of Occupancy for the building. The applicant shall post a separate bond 14 #SP-22-050 Findings of Fact and Decision in the amount of $20,000 to be released upon issuance of a certificate of occupancy for the building. Design of the artwork shall not be credited towards the required minimum budget. 13.05 Stormwater Management The City Stormwater section confirmed to the Administrative Officer there are no issues with the proposed plan. 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 8 and 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. Vehicle Trip Generation PM Peak Hour Trips for the proposed development are calculated as follows for the purposes of overall Vehicle Trip Generation: 131 residential units [Land Use Code 221] = 51 VTEs 1,800 sf fast casual restaurant [Land Use Code 930] = 25 VTEs 5,000 sf day care center [Land Use Code 565] = 39 VTEs1 1 Includes 30% reduction as defined in South Burlington Impact Fee Ordinance: "In determining the trip generation rate for Child Care Centers, as defined within the latest version of the ITE Trip Generation manual (i.e. “Licensed non-residential child care facilities” as defined in the applicable South Burlington Land Development Regulations), the Development Review Board or the Administrative Officer shall apply a pass-by rate of 30%. This 15 #SP-22-050 Findings of Fact and Decision Total = 115 VTEs Traffic Impact Fees Traffic Impact Fees, pursuant to the Impact Fee Ordinance, are calculated based on the Land Use Code for non-residential development and based on a specified formula for residential development. The calculated amount will be applied at the time of zoning permit application for the building. The Impact Fee Ordinance authorizes the Administrative Officer to recommend credits for “in-kind” contributions of facilities that are included in the impact fee analyses and computations. The construction of Garden Street is included as a part of the “City Center Street Network” identified in the Impact Fee Ordinance. Section 8. Credits for "In-Kind" Contributions. A. "In-Kind" contribution shall mean provision, by a person subject to payment of an impact fee, of land or equipment or construction of facilities that are included in the impact fee analyses and computations, and which are included in or consistent with the City's Comprehensive Plan. B. Upon recommendation of the Development Review Board or Administrative Officer, the City Council may approve a credit against any impact fee levied under this ordinance for the value of "In-Kind" contributions. The amount of credit for an "In-Kind" contribution shall be based on the actual cost to the person requesting the credit of providing or creating the facilities. The Development Review Board or Administrative Officer shall indicate the basis on which the amount of credit is determined. The amount of credit for an "In-Kind" contribution shall not exceed the total amount of the impact fee for that type of facility which would otherwise be levied on the proposed development. As noted above, actual impact fees for this project will be calculated at the time of zoning permit application. Approved Site Plan #SP-20-009 estimates the cost of construction of the segment of Garden Street from Market Street to the existing bridge to be $1,838,000. Based on the construction cost identified in Site Plan #SP-20-009, the Administrative Officer recommends that the City Council approve a credit against traffic impact fees, upon request of the property owners, in an amount up to the total traffic impact fees amount calculated for this building. In no event shall the credit, however, exceed the actual construction cost for this segment of Garden Street. 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 pass-by rate shall apply to all Child Care Centers for which the City already has issued a zoning permit since January 1, 2011, upon (re)submission of an application and to all future applications for Child Care Centers. " 16 #SP-22-050 Findings of Fact and Decision 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 120 new dwelling units. The project is therefore subject to the Inclusionary Zoning minimum requirements. The applicant has chosen off-site construction as the method to comply with inclusionary zoning requirements, and has provided a tracking spreadsheet demonstrating compliance with the applicable criteria. Compliance is discussed below. 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 120 dwelling units consisting of 76 studio & one-bedroom units and 44 two-bedroom units. Inclusionary requirement: o Minimum which must be inclusionary units: 120 x 15% = 18 (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). Off-site construction was approved in #MS-18-05. These proposed dwelling units are within the Project Area defined and approved in that decision. (b) Integrated into the overall project layout and similar in architectural style and outward appearance to market rate units in the proposed development. The proposed dwelling units are of a multifamily style. These proposed dwelling units are within the Project Area defined and approved with decision #MS-18-05. (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. None of the units at this address are proposed to be inclusionary. 17 #SP-22-050 Findings of Fact and Decision As of the time of this application, the average gross floor area of the inclusionary units within the Project Area is greater than the minimum required area for each type. The Administrative Officer finds this criterion 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 in the project area is 1.4. The mean number of bedrooms in the inclusionary units is 1.7. This criterion is met. The inclusionary units have already been constructed. 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. This requirement is addressed through decision #MS-18-05. 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. These requirements are addressed through decision #MS-18-05. 18 #SP-22-050 Findings of Fact and Decision BUILDING ENVELOPE STANDARDS See following pages 19 #SP-22-050 Findings of Fact and Decision Primary Building Façade Requirements Secondary Building Façade Requirements Applicant Self- Evaluation, 121 Garden Street, Primary Façade Criteria Satisfied, 112 Garden Street 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 4 Satisfied (b)Accessory N/A N/A (3)Floor-to-Floor Height (a)First story 12'-4"Satisfied (b)Upper Stories 11'-8"Satisfied (4)Build-to-Zone (a)Primary Build-to-Zone (note 3)0' Min., 12' Max.0' Min., 18' Max. (b)Secondary Build-to-Zone (note 3)0' Min., 24' Max.0'. Min., 36' Max. (5)Frontage (a)Frontage Buildout, Primary Streets (note 3)70% Min.70% Min. (Note 1)81%78% (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 N/A (b)Percentage of Frontage Buildout within the Primary Build-to-Zone (note 3) 75% Min.100% Max. 76%Satisfied (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone (note 3) 0% Min., 25% Max.100% Max. 24%Satisfied (6)Entrances (a)Average frequency of Public Entrances, non-residential first story use (note 3) 36' Max.54' Max.N/A See below for residential (b)Maximum distance between Public Entrances, non-residential first story (note 3) use 46' Max.72' Max. N/A See below for residential (c )Average Frequency of Operable Entrances, residential first story use (note 3) 36' Max.54' Max. 25'-4"27.5 (d)Maximum distance between Operable Entrances, residential first story (note 3) 46' Max.72' Max. 31'-10"37'-9" (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 60%Satisfied 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 20 #SP-22-050 Findings of Fact and Decision Primary Building Façade Requirements Secondary Building Façade Requirements Applicant Self- Evaluation, 121 Garden Street, Primary Façade Criteria Satisfied, 112 Garden Street Primary Façade (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. 75% minimum provided as a statement, see condition (c )Upper Stories See below See below (d)Ground story residential privacy First floor windows are 3' above FFE Met (8)Building Breaks (see building breaks figure) (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80'complies 12 required, 12 provided (b)Single Span of Horizontal Facade Without a Break 48' Max.48' Max.40'-4"met (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules 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 (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 (4)Curb Cuts (not including street intersections) (a)On Market Street Not applicable (b) On Garden Street > 400' (b)All other streets Not applicable (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit Satisfied (2) Location & Screening (a) (b)Satisfied (c )Not applicable (d) Satisfied (e )Satisfied 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, Qualifies as a Street Permitted Connection, Not a Street Permitted Connection, Not a Street New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height Prohibited 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 Permitted Connection, Not a Street T-4 BES (South Burlington Land Development Regulations, 8.13), Mixed Use Building Parking under structures is encouraged Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street 21 #SP-22-050 Findings of Fact and Decision Primary Building Façade Requirements Secondary Building Façade Requirements Applicant Self- Evaluation, 121 Garden Street, Primary Façade Criteria Satisfied, 112 Garden Street Primary Façade (f) Satisfied (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) (2) (a) (b) (c) (d) (e)Such building shall comply with all other provisions of these Regulations. (3) (a) (b) (4) N/A (5) N/A (G) Streetscape Standards (1)General Standards (a) met Not applicable N/A N/A N/A 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. 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: 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. T-4 BES (South Burlington Land Development Regulations, 8.13), Mixed Use Building 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. No building located within one hundred and fifty feet (150') from the R4 or R7 District boundary shall exceed four (4) stories in height. 22 #SP-22-050 Findings of Fact and Decision Primary Building Façade Requirements Secondary Building Façade Requirements Applicant Self- Evaluation, 121 Garden Street, Primary Façade Criteria Satisfied, 112 Garden Street Primary Façade (b)met (c )met (d)Proposed development shall comply with all requirement of Article 11 See findings. (2)Streetscape requirements (a)Benches Not applicable (b)Bicycle Racks for at least 5 bikes Not applicable (c )Street Tree Spacing, on center Not applicable Notes (1) N/A, no secondary façade (2)Upper Story Glazing Shall comply with the following standards: 30.80%Satisfied Satisfied Satisfied Satisfied provided as a statement, see condition (3)Not applicableStandard 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 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. 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. (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 (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. Permitted May be used to meet short-term requirements of 13.14 50' Max. average T-4 BES (South Burlington Land Development Regulations, 8.13), Mixed Use Building 23 #SP-22-050 Findings of Fact and Decision DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-22-050 of Snyder-Braverman Development Co., LLC subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. 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. 3. The plans shall be revised to show the changes below and shall require approval of the Administrative Officer. A digital (PDF) copy of the approved revised plans shall be submitted to the Administrative Officer prior to issuance of the zoning permit. Plan sheets shall be saved as individual files named to include the plan sheet number and latest revision date. a. Add door at the north east corner of the primary façade as shown on the annotated site plan dated 10/18/2022 b. Adjust location of door to fitness room on primary façade as shown on the annotated site plan dated 10/18/2022 c. Add door from the rear hallway to the daycare space d. Add at least one inverted-U bicycle rack in the location indicated on the annotated site plan dated 10/18/2022 e. Provide at least one clothes locker in the commercial space f. Modify the snow storage as shown on the annotated site plan dated 10/18/2022 4. 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. 5. 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. 6. Prior to issuance of a zoning permit, the applicant must revise the ramp crossing to provide appropriate vehicle control that prioritizes safe movement of children and teachers to and from the play area over vehicular movement during crossing times. Such control may include rectangular rapid flashing beacons, boom gates similar to those used at railroad crossings, retractable gates, change in pavement surface materials, paint, audible warnings, or other features. The applicant must demonstrate coordination of the proposed treatment with the childcare provider prior to issuance of a zoning permit. 7. Prior to issuance of a zoning permit, the applicant must file a copy of the Large Development Area Open Space agreement in a form acceptable to the City Attorney. 8. Prior to issuance of a zoning permit, the applicant must receive final water and wastewater allocation. 9. Prior to issuance of a zoning permit, the applicant must post a landscaping bond for $40,705.50 in plantings (calculated in accordance with the methodology in LDR 15.A.20B(2)). This bond shall 24 #SP-22-050 Findings of Fact and Decision remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 10. Prior to issuance of a zoning permit, the applicant must post a separate surety in the amount of $20,000 for artwork to be released upon issuance of a certificate of occupancy for the building. The artwork must be installed prior to issuance of a Certificate of Occupancy for the building. 11. Prior to installation, artwork shall be provided to the Public Arts committee for advisory review and Administrative Officer approval for consistency with LDR 8.08 and 13.06. Art shall be an original commissioned work. 12. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the building. 13. Prior to issuance of a certificate of occupancy, the conditions pertaining to construction of the roadway in #SD-19-24 must be met. 14. At least 75% of first story glazing along Garden Street shall be transparent. If less than 100% of first story glazing is transparent, the applicant shall demonstrate compliance with this condition prior to issuance of a certificate of occupancy. 15. At least 85% of all required upper story glazing shall be transparent. If less than 100% of upper story glazing is transparent, the applicant shall demonstrate compliance with this condition prior to issuance of a certificate of occupancy. 16. On-site parking must be shared between all on-site uses. 17. All entrances to the non-residential space must be public and must be operated in a manner consistent with the definition of public entrance. At the time of this approval, this includes all approved exterior entrances to the space approved as café and the space approved as daycare. All entrances to the residential spaces, including the fitness room and main lobby entrance, must be operated in a manner consistent with the definition of operable entrance. 18. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 19. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 20. 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. 21. Bicycle parking and clothes lockers must be installed in a manner meeting the minimum standards of Section 13.14. 22. All new buildings are subject to the Stretch Code and Solar-Ready Roof requirements pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. 23. The Administrative Officer estimates that the building will generate no greater than one hundred fifteen (115) vehicle trip ends during the P.M. peak hour. 24. Any change to the approved plan will require approval by the Administrative Officer. 25 #SP-22-050 Findings of Fact and Decision Signed on this 24 day of October, 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.