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HomeMy WebLinkAboutSP-22-028 - Decision - 0004 Harbor View Road - SP-22-028_4 Harbor View Rd_Rieley Cohen_ffd copy#SP-22-028 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RIELEY COHEN PARTNERSHIP, LLC 4 HARBORVIEW ROAD SITE PLAN APPLICATION #SP-22-028 FINDINGS OF FACT AND DECISION Site plan application #SP-22-028 of Rieley Cohen Partnership, LLC to amend a previously approved site plan for a 13,000 sf contractor or building trade facility with outdoor storage. The amendment consists of constructing a 5,500 sf addition and additional outdoor storage, 4 Harbor View Road. The Development Review Board held a public hearing on October 18, 2022 and November 15, 2022. Dan Heil, Matthew Cohen, and Lucy Thayer represented the applicant. Based on testimony provided at the above-mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. This project consists of Site Plan application #SP-22-028 or Rieley Cohen Partnership, LLC to amend a previously approved plan for a 13,000 sf contractor or building trade facility with outdoors storage. The amendment consist of constructing a 5,500 sf addition and additional outdoor storage, 4 Harbor View Road. 2. The subject property is located in the Commercial 2 Zoning District and the Transit Overlay District. 3. The owner of record of the subject property is Rieley Cohen Partnership, LLC. 4. The application was received on June 3, 2022. 5. The property most recently received site plan approval #SP-19-41 to change the use to a contractor or building trade facility and construct an accessory structure. 6. The plans submitted consist of the following: Sheet No. Description Prepared By Last Revised Date 1 Site Plan TCE 10/31/2022 2 Grading & Utility Plan TCE 10/31/2022 3 Lighting Plan TCE 10/31/2022 4 Erosion Prevention & Sediment Control Plan TCE 10/31/2022 5 Post Construction Soil Depth TCE 10/31/2022 6 Sitework Details & Specs TCE 10/05/2022 7 Bioretention Details & Specs TCE 10/05/2022 8 Existing Conditions Plan TCE 10/05/2022 9 Landscape Plan TCE 10/31/2022 ZONING DISTRICT & DIMENSIONAL REQUIREMENTS The project is located in the C2 zoning district. #SP-22-028 Commercial 2 Zoning District Required Proposed 3Min. Lot Size 40,000 sf 1.84 ac (no change) 3Max. Building Coverage 40% 24.9% 3Max. Overall Coverage 70% 61.9% 3Min. Front Setback 30 ft. 38 ft. 3 Max Front Setback Coverage 30% 0% 3Min. Side Setback 10 ft. 30 ft. (no change) 3Min. Rear Setback 30 ft. 30 ft. (no change) 3 Building Height (pitched roof) 40 ft. 17 ft. 3 Meets requirement SITE PLAN REVIEW STANDARDS 14.06 General Review Standards The proposed building addition consists of a loading dock area with interior partitions. The proposed addition reduces the front setback and the proposed stormwater management system requires removal of the existing vegetated area between the building and the street. Therefore compliance with these standards becomes more reliant upon the configuration of the building. 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 applicant has testified that the proposed addition is for the purposes of expanding the current business. Though a multi-tenant building is not necessarily prohibited, there are several standards which may apply differently. The Board finds a future change to a multi-tenant space to require site plan review. The DRB shall consider the following: (a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. The Board finds the proposed addition improves consistency with adjoining building setbacks along the street. (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 proposed building addition is not oriented to the street. Adjoining properties are mixed in their orientation. The proposed addition reduces the front setback. The applicant has proposed screening in the form of an arborvitae hedge directly adjacent to the building. The Board finds this consideration to have been addressed. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. The Board finds the proposed addition to be consistent in scale with adjoining buildings. #SP-22-028 (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. There is no pedestrian orientation existing or proposed. There are no sidewalks or pathways. The existing sidewalk on Harbor View Road is on the opposite side of the street. The Board finds the proposed addition does not create sufficient nexus to require improvements to pedestrian connections or walkability. (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 Board finds the proposed flat roof does not detract from compliance with this criterion. In total, the Board finds this criterion met. (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 applicant is proposing 10 new parking spaces to the side of the building. Parking to the side of the building is regulated under 14.06A(2)(c) as follows 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. Based on Board comments pertaining to parking location and adequacy of parking, and the requirement that parking spaces be striped (parking of registered vehicles outside of the designated parking spaces is prohibited), the applicant increased the initial proposed parking to 24 spaces, and has relocated parking to no longer be blocked by outdoor storage areas or to block access to overhead doors. Parking width to the side of the building is no greater than the width of the building. The Board finds this criterion met. (3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. The footprint of the building after the addition will remain consistent with the footprint of buildings on adjoining properties. It is proposed to be one story, while the buildings on the adjoining sites are one story, two stories, or a combination of both. The Board finds this criterion met. B. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (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. #SP-22-028 (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. The addition is proposed to be clad in the same light colored metal panel siding as the existing building. Discussion of compliance with these criteria is included under 14.06A(1) above. C. Site Amenity Requirement (1) Sites are required to include a specific minimum area for appropriate Site Amenities. This section does not apply to projects within the City Center FBC District (which are governed by Section 8.08). (2) Applicability. Applications for the following shall be required to provide Site Amenities: (a) Additions or expansions exceeding 5,000 SF for existing non-residential structures. (3) The required area shall be: (a) For Non-Residential development, a minimum of 6% of non-residential building gross floor area. The proposed 5,500 sf addition requires a 330 sf amenity space. (4) The DRB may, in its discretion, provide a credit for up to 50% of the required Site Amenity area if the Applicant demonstrates a safe, walkable connection to an existing Civic Space or public park that is accessible by the general public and located within five-hundred (500) feet of at least one pedestrian access point for each building on the lot via a walking route and/or pedestrian way. A “safe, walkable connection” shall not include or require crossing a four-lane road. No existing civic spaces or public parks are within five-hundred feet. The applicant has proposed a snippet/parklet type amenity. The minimum size of this amenity is 600 sf, it must be directly adjacent to the public right of way and sidewalk or operable building entry, and must have seating as the main focus of the space. Specifically, the LDR requires the following. Seating must be the main focus of the space. Seating must be present year-round and composed of high quality materials. Fixed seating is required unless the applicant demonstrates that moveable seating will meet the stated goals of the type. Landscaping shall also be a primary component of the space. Because the space is inherently small, it shall be carefully landscaped in a higher proportion than larger spaces. Landscaping should not interfere with seating, but instead compliment it. Spaces should appear warm and inviting and permanent rather than temporary. #SP-22-028 The applicant has provided a 600 sf area which is largely enclosed by landscaping and contains one bench. The Board finds this criterion to be met. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Environmental Protection Standards. All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. No protected resource areas are present on this site. This criterion is not applicable. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. These standards are contained in Article 13 and are discussed below. C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. No changes to site access or circulation are proposed. D. Transportation Demand Management (TDM) [reserved] E. Building Form. Development within the City Center Form Based Code District, the Urban Design Overlay District, and other districts with supplemental building form standards shall adhere to the standards contained therein. This criterion is not applicable. F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City Center Form Based Code, or Section 3.15(D) in all other zoning districts, shall be required to upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit requirements for additional upgrades as necessary to meet the requirements of these Regulations. The Board finds Harbor View Road to be a Bicycle Boulevard - Neighborhood Collector. Neighborhood collectors are required to have a 10-ft recreation path on one side, 4-ft bike lanes, and vertical faced curb. There is an existing sidewalk on the opposite side of Harbor View Road from the project. The street is curbed. The Board finds that since the opposite side of the road is established as the pedestrian side, no upgrades are necessary. F. Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. See 13.02F below for discussion of access. G. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities #SP-22-028 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. Electrical lines are proposed to be underground. The Board finds the applicant must modify the plans that the utilities are underground, either through symbology (“UE” as opposed to “E”) or a callout prior to issuance of a zoning permit. The applicant is proposing a new electrical transformer, indicated on the plans with the note “prior to construction, confirm primary electric location and separation requirements to new structure with GMP.” The Board finds any necessary modification to the location of the transformer shall be subject to review of the administrative officer. H. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. The applicant has testified that the dumpster enclosure will be a 6-ft high fence with privacy slats and a gate on the front. The Board finds the applicant must modify the plans to include this information prior to issuance of a zoning permit. SUPPLEMENTAL REGULATIONS 13.02 Off Street Parking and Loading F. Access management Requirements. It is the intent of the City to minimize traffic and pedestrian conflicts caused by vehicular driveways on public roadways by reducing the number of required driveways and by minimizing the number of vehicles utilizing such driveways off public roadways. All applicants must make an effort to reduce these impacts. All commercial lots (retail, restaurant, office, service uses, excluding residential, agricultural and industrial uses) located adjacent to other commercial lots must provide a driveway connection to any adjacent commercial lot. If the adjacent property owner does not want to provide for that connection, the applicant must provide an easement to do so in the future when circumstances may change. This driveway connection or easement should be located where vehicular and pedestrian circulation is most feasible. There is an existing driveway connection to the property to the west. The Board finds a connection to the east to be infeasible due to the location of the building. The Board finds a connection to the property to the south to be infeasible due to the location of the building on the property to the south. 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. Parking spaces meet design requirements. Parking lot landscaping is further discussed under 13.04 below. #SP-22-028 (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 applicants provided floor plans and elevations proposed six loading docks. The board finds the locations of these loading docks to meet this criterion. The floor plan and elevations also indicate a “future overhead door.” The Board finds the applicant must revise the plans to remove this door prior to issuance of a zoning permit. Should the applicant later wish to add a door, they may apply for a site plan amendment at that time. (3) Provision shall be made for access by police, fire and emergency vehicles. The Fire Chief reviewed the plans on October 12, 2022 and indicated “there are no access issues for FD. The addition will require that the existing sprinkler system will need to be extended. As there is potential for indoor vehicle storage, the applicant shall ensure that the sprinkler system and fire alarm is designed to protect that hazard classification.” The project is subject to fire department review from a building permit perspective. (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. Pedestrian pathways are not provided. As noted above, the Board finds the proposed addition does not create sufficient nexus to require improvements to pedestrian connections or walkability. (5) Bicycle parking or storage facility. See Section 13.03 (6) Stormwater management strategies that facilitate infiltration including but not limited to recessed planting islands, bioretention facilities, and pervious parking spaces are encouraged in the design of any off-street parking or loading area. Stormwater management is discussed under 13.05 below. 13.08 Outdoor Storage and Display A. Outdoor Storage. Outdoor storage of goods, materials, vehicles for other than daily use, and equipment shall be subject to the following provisions: (1) Any outdoor storage shall be appurtenant to the primary use of the property and shall be allowed only in nonresidential districts and upon approval of the DRB in conjunction with a site plan, conditional use and/or PUD application. This application is for site plan. The Board finds this criterion met. (2) The Development Review Board may require that outdoor storage areas in connection with commercial or industrial uses be enclosed and/or screened where the storage area may comprise an attractive nuisance, where the proposed use of the storage areas present opportunities for theft, or where the Board finds that said storage areas are in view of residentially-zoned parcels. #SP-22-028 The applicant is proposing to screen the outdoor storage area with a chain link fence with screen mesh, and a row of arborvitae. The applicant stated in their cover letter that the fence is proposed to be 6-ft in height. The Board finds the applicant must revise their plans to indicate the fence height on the plans and provide a fence detail that complies with the standards for fences of 13.11. 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. There is an existing wooded area to be retained along the south side of the existing parking and outdoor storage area. There is a proposed hedge to the north and west (discussed above pertaining to outdoor storage). (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. Fewer than 28 spaces are proposed. (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. Perimeter planting is protected by a fence. The Board finds this criterion met. (4) Landscaping Requirements (a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting shall be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall be salt-tolerant. The City Arborist reviewed the plans and indicated there were no concerns. The Board finds this criterion met. (b) At least one (1) major deciduous shade tree shall be provided within or near the perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed #SP-22-028 evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. This criterion is met for the parking spaces that are not adjacent to the building. (c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when measured on the tree stem, six (6) inches above the root ball. This criterion is proposed to be 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. 17 trees are proposed, utilizing five species. (e) Within the City Center FBC District, landscaping required within this section shall not count towards meeting minimum landscape budget requirements as detailed in Section 13.04(G). N/A (7) Snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface waters. The applicant has specified snow storage areas to the rear of parking spaces as well as in the required site amenity. The Board finds the applicant must revise the plans to remove snow storage from the site amenity. Site amenities must be available year-round. 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. This criterion works in conjunction with 14.06B above. The applicant is proposing to remove a large wooded area with little understory growth between the existing building and the street, and expand the building and outdoor storage towards the street by 42 ft. As discussed below, this front area was required to be heavily planted as part of the original approval for the property, likely to achieve compliance with the version of this criterion that existed at the time of that original approval. Existing trees to be removed in this area consist of mostly large white pine, with some interspersed deciduous trees. The applicant is proposing a vegetated stormwater basin in this area, and is proposing to screen the outdoor storage with a row of arborvitae. The Board finds that the nature of the proposed use as a site for a large amount of outdoor storage to be a use that should be screened. The Board 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). #SP-22-028 The applicant is proposing a vegetated bioretention area in the front yard. The Board finds this criterion met. G(3) Landscaping Budget Requirements. The Development Review Board shall require minimum planting costs for all site plans, as shown in Table 13-4 below. In evaluating landscaping requirements, some credit may be granted for existing trees or for site improvements other than tree planting as long as the objectives of this section are not reduced. The costs below are cumulative; for example, a landscaping budget shall be required to show a planned expenditure of three percent of the first $250,000 in construction or improvement cost plus two percent of the next $250,000 in construction or improvement cost, plus one percent of the remaining cost over $500,000. The landscaping budget shall be prepared by a landscape architect or professional landscape designer. The cost of the proposed building addition is $660,000, requiring $11,100 in plantings. The applicant has proposed $43,878 in trees and shrubs. Additional plantings beyond the required minimum have been provided in response to criterion I below. I. Landscape Maintenance. Maintenance and responsibility. All planting shown on an approved site plan shall be maintained by the property owner in a vigorous growing condition throughout the duration of the use. Plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season. Trees with a caliper of less than 5” may be replaced on an inch-by-inch basis with trees of the same genus of at least 2” caliper each. No permit shall be required for such replacements provided they conform to the approved site plan. Replacement of trees with a caliper of greater than 5” shall require an amendment to the site plan. The most recent previously approved plans showed the wooded area to be removed as a general wooded area, not as individual trees required to be planted. However, the 1983 plan indicates that the wooded area to be removed, as well as the planting bed to be removed adjacent to the existing building, were required elements of that site plan planted at the time of approval. The 1983 approval was for a warehouse and office building with outdoor storage, which Staff considers consistent with the current use. The zoning district has been C2 since before that time. Therefore, the Board finds this criterion applies to the wooded areas on the plans, including a large number of plantings that have not been maintained as required. Plantings approved in 1983 include the following. Quantity Name Size 3 “Emerald Queen” Norway Maple 3 ½” – 4” cal. 21 Paper Birch 10 – 12’ height 94 Red Osier Dogwood 3 – 4’ height 107 White Pine 6 – 8’ height The 1983 plan and decision have been reviewed by the Board. The 1983 decision states that “screening of the storage area shall be reviewed after 1 year and may be required to be upgraded. Other landscaping is satisfactory.” The Board finds this statement, combined with the unusually high quantity of plantings, to be evidence that the Board at the time found screening of the property to be of particular importance. The LDR states that “replacement of trees with a caliper of greater than 5” shall require an amendment to the site plan.” The Board finds the applicant has provided landscaping equivalent to that approved in 1983. Equivalency in this case consists of a level of buffering and screening consistent with the previous approval. The proposed replacement of previously approved landscaping is separate and in addition to the required $11,100 in plantings for the proposed building expansion. #SP-22-028 13.05 Stormwater Management Stormwater standards apply when one-half acre or more of impervious surface exists or is proposed to exist, and where 5,000 sf of impervious is created or reconstructed. The City Stormwater Section reviewed the proposed plans on 6/24/2022 and offers the following comments. The Stormwater Section has reviewed the “4 Harbor View Road” site plan prepared by Lamoureux & Dickinson Consulting Engineers, dated 4/1/22 and last updated on 6/2/22. We would like to offer the following comments: 1. This project is located in the Bartlett Brook watershed. This watershed is listed as stormwater impaired by the State of Vermont Department of Environmental Conservation (DEC). 2. The property currently has an expired State stormwater permit (2-0153). 3. The project is only proposing treat stormwater runoff form the new and redeveloped impervious surfaced. However, projects with an expired permit seeking permit renewal within a stormwater impaired watershed, with less than 3 acres of impervious surface, subject to §3.1.C.4.a of the 3-9050 Stormwater General Permit, are required to meet the redevelopment standard and channel protection standard for the whole site, unless the TMDL has already been met. The applicant should confirm what treatment standards are required for this site to obtain valid permit coverage. 4. The applicant indicated that the seasonal high groundwater table was found less than 2 feet from the ground surface, with a reference made to Sheet ST1 for soils data. Please provide Sheet ST1 for review. a. Is the bioretention system being proposed in the seasonal high groundwater table? The Vermont Stormwater Management Manual §4.3.1.1 indicates that the bottom of the bioretention practice shall be located at or above the seasonal high groundwater table. 5. As the project has more than one-half acre or more of impervious surface and is proposing to develop more than 5,000 sf of impervious surface, the project is subject to the requirements of section 13.05 of the LDRs. 6. The DRB should include a condition requiring the applicant to regularly maintain all stormwater treatment and conveyance infrastructure. The applicant provided a letter from the State stormwater section indicating that treatment for existing impervious surfaces is not required (Comment #3). The applicant has made modifications to the stormwater details to respond to other comments of the City Stormwater section provided in June. The City Stormwater Department reviewed the revised plans on October 20 and indicates their comments have been addressed. 13.07 Exterior Lighting Lighting requirements are summarized as follows. (1) Fixtures must be downcast and shielded (2) Illumination must be evenly distributed (3) Fixtures must be placed to minimize lighting from becoming a nuisance #SP-22-028 (4) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish (5) Poles & building mounted fixtures may be no higher than 30-ft (6) Poles must be located in safe locations Specific requirements for maximum illumination levels are included in Appendix A and are limited to 3 foot candles average at ground level. The applicant has provided a photometric drawing. It appears they are proposing two freestanding lights and eight building mounted lights. Heights of the fixtures which result in the provided photometrics are not provided. Maximum illumination levels are 7.6 lumens near the wall mounted fixtures. Illumination levels are near zero at the property line. The Board finds the applicant must update the site plan to clearly indicate the light locations and the mounting height. 13.03 Bicycle Parking and Storage The applicant has proposed to retain the existing bicycle rack. The required number of bicycle parking spaces is two. The Board finds bicycle parking standards to be met. DECISION Motion by Quin Mann, seconded by John Stern, to approve Site Plan application #SP-22-028 of Rieley Cohen Partnership, LLC, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning as conditioned herein. 3. The plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. modify the plans that the utilities are underground, either through symbology (“UE” as opposed to “E”) or a callout b. show the dumpster enclosure as a 6-ft high fence with privacy slats and a gate on the front c. remove the “future overhead door” from floor plans and elevations d. show height and provide detail for fence to screen outdoor storage area e. clearly indicate the light locations and mounting height on the site plan 4. A digital PDF version of the approved final plan set must be delivered to the Administrative Officer before issuance of a zoning permit. 5. Prior to issuance of a zoning permit, the applicant must post a landscaping surety for $26,939 in plantings in accordance with the methodology in LDR 15.15B. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. #SP-22-028 6. A future change to a multi-tenant space shall require site plan review. 7. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 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. 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. 10. The applicant must continue to maintain the approved landscaping in a vigorous growing condition throughout the duration of the use. 11. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 12. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 13. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use of the new uses. 14. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer as allowed by the Land Development Regulations. 15. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. Dan Albrecht Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quinn Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present John Stern Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Motion carried by a vote of 5 - 0 - 1. Signed this ____ day of December, 2022, by _____________________________________ Dawn Philibert, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental #SP-22-028 Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.