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HomeMy WebLinkAboutSP-22-039 - Decision - 0370 Shelburne Road (2)#SP-22-039 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING DAVID HAUKE 370 SHELBURNE ROAD SITE PLAN APPLICATION #SP-22-039 FINDINGS OF FACT AND DECISION Site plan application #SP-22-039 of David Hauke to amend a previously approved site plan for a 21,420 sq. ft. mixed use building. The amendment consists of constructing a 3,550 sf third story addition, which will be combined with 4,600 sf of existing building and used as six (6) residential units, with 16,605 sf commercial space to remain, 370 Shelburne Road. The Development Review Board held public hearings on December 6, 2022, January 18, 2023, and February 22, 2023 . The applicant was represented by David Hauke, Jess Gasek, Bryan Currier, and Mike Lawrence. 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-22-039 of David Hauke to amend a previously approved site plan for a 21,420 sq. ft. mixed use building. The amendment consists of constructing a 3,550 sf third story addition, which will be combined with 4,600 sf of existing building and used as six (6) residential units, with 16,605 sf commercial space to remain, 370 Shelburne Road. 2. The Project is located in the Commercial 1-Residential 15 (C1-R15) Zoning District. It is also located in the Transit Overlay District, Traffic Overlay District and the Urban Design Overlay District 3. This small mall building has been in existence for several decades. The one significant change in the past 20 years was the construction of a cross-lot driveway connection to the Hickok and Boardman building to the north, located in Burlington, in 2010/2011, which is discussed below. 4. The owner of the subject property is Hauke Building Supply. 5. The application was received on October 19, 2022. 6. The plans submitted consist of the following: Sheet No. Description Prepared By Last Revised Date 2 Construction Details O’Leary-Burke Civil Assoc. 10/17/2022 A1 Building Roof Plan Scott & Partners 08/15/2022 A2 Building Plans Scott & Partners 08/15/2022 A8 & A9 Existing Conditions Photos Scott & Partners 08/15/2022 L-1 Landscape Plan-Overall Michael Lawrence Assoc. 01/31/2023 L-2 Landscape Plan-Detail Michael Lawrence Assoc. 08/05/2022 L-3 Landscape Plan-Value Added Planting Michael Lawrence 02/09/2023 #SP-22-039 SH-1 Site Plan O’Leary-Burke Civil Assoc. 01/04/2023 A5 Elevations (South and East) Scott & Partners 12/22/2022 A6 Elevations (North and West) Scott & Partners 12/22/2022 A7 Perspective View Scott & Partners 12/22/2022 A12 Sun Study-Summer Scott & Partners 12/22/2022 A13 Sun Study-Winter Scott & Partners 12/22/2022 ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Commercial 1-Residential 15 Zoning District Required Existing Proposed 3Min. Lot Size 40,000 sf 65,962 sf 65,962 sf 3Max. Building Coverage 40% 30% 30% # Max. Overall Coverage 70% 83.7% 83.5% 3Min. Front Setback (Urban Design Overlay District) 20 ft. 5 ft. 5 ft. # Max Front Setback Coverage 30% 73.3% 72.7% 3Min. Side Setback 10 ft. < 4 ft. < 4 ft. (no change) 3Min. Rear Setback 30 ft. N/A N/A 3Building Height (flat roof) 5 stories 22 ft./ 2 stories 34 ft./3 stories 3 Meets requirement # Pre-existing non conformity proposed to be reduced Commercial 1-Residential 15 Zoning District The purpose of the Commercial 1 Zoning District is to encourage the location of higher density residential, retail, office and vertically mixed uses in a manner that serves as or enhances a compact central business area. Other uses that would benefit from nearby access to a central business area, including clustered residential development and small industrial employers may be permitted. Warehouses, major industrial employers, and incompatible industrial uses shall not be permitted. Urban design supporting a transition for these areas from a suburban environment to compact centers is encouraged. 3.07 Height of Structures B. Stories (2) In the C1-R12, C1-R15, and C1-Auto districts: a) No building shall be more than 1 story taller than the shortest building on an adjacent lot in the R4 District. However, for each 75’ of separation from said building in the R4, the proposal building may increase in height by 1 story, up to the allowable maximum height. b) First story floor-to-floor height shall not exceed 20 feet. Upper stories shall not exceed 14 feet in floor-to-floor height. #SP-22-039 The Board finds these criteria met. The building is proposed to be 3-stories high, and the adjacent building is 2 stories high. Story height is under the required maximums. 10.01 Traffic Overlay District This property is located in Traffic Overlay District Zone 3 which is established to regulate uses based on traffic generated. The parcel has one driveway within Zone 3 and one driveway which is out of the Traffic Overlay District. LDR 10.01E states that if a parcel has one driveway in one and another driveway in another zone, the zone which is more restrictive shall apply to the entire property. 10.01G calculates the peak hour trip generation limits per 40,000 sf of land area. G. Peak Hour Trip Generation Limits per 40,000 SF of land area: The maximum permitted peak hour volume per 40,000 square feet of land area in any zone shall be as set forth in Table 10-1 below. Table 10-1 Maximum Peak Hour Trip Ends per 40,000 SF Zone Max. number of peak hour trip ends per 40,000 SF of land area 1 15 2A 20 2B 25 2C 30 3 45 The above allowable traffic generation rates assume a mix of right-turn and left-turn movements in and out of the site driveways. If a site is located along an arterial with a raised median thus preventing all left turns, the traffic budget for that site shall be increased by 15%. This Traffic Budget credit of 15% can only be taken when all site access points off the adjacent arterial(s) are for right-turns-in and right-turns-out only. The maximum allowable trip generation is 45 trips per 40,000 sf, or 75 trips. The previously approved trip generation (SP-00-56) was 81.23 trips based on a ITE land use code of “specialty retail center,” which code no longer exists. It is the City’s practice to “true up” additional existing trips without requiring mitigation if the calculation methodology changes without a change in use. The applicant has indicated that the existing trip generation based on the ITE land use code for “strip plaza retail” (LUC 822) is 134 trips per PM peak hour. The Board concurs with this choice of land use code. With the proposed reduction to 16,605 sf “strip plaza retail,” the trip generation is reduced to 112 trips for retail and 3 trips for six units of “single family attached housing” (LUC 215)1, or 115 proposed trips, less than “trued up” generation from the previous approval. Therefore, no additional mitigation is needed. 1 The Board concurs with this choice of land use code. Alternative codes are only applicable for unit counts well out of the range of the proposed unit count. The South Burlington Impact Fee ordinance calculates 0.67 trips per unit for a multi-family building, which would result in a similar traffic generation for the proposed homes. #SP-22-039 10.05D Urban Design Overlay District Standards While a portion of the property does fall within the boundaries of the Urban Design Overlay District, the proposed addition is outside of the urban design overlay district and therefore these criteria do not apply. SITE PLAN REVIEW STANDARDS 14.06 General Review Standards (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. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (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. (d) For through lots, parking shall be located to the side of the building(s) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient landscaping to screen the parking from view of the Interstate. Existing parking is located to the front of the building relative to Shelburne Road. The applicant is proposing to add one additional parking spot to the side of the building relative to Proctor Ave, but otherwise no changes to parking are proposed. The Board finds there is insufficient nexus to require the applicant to modify the existing non-conforming parking. (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 existing building encroaches into the allowable minimum setbacks, though the proposed addition is outside of the standard setback. The proposed addition is near the east side of the building, where the building is clad in brick. The proposal is to add a story near the east end of the building above the existing two story portion (though not within the setback), and add a porch area where there is an existing loading dock. LDR 3.06I enumerates specific requirements for setbacks and buffer strips adjacent to residential district boundaries. 3.06I. Setback and Buffer Strip Adjacent to Residential District Boundaries. (1) Setback to residential zoning districts. Any new, reconstructed, or expanded principal building located wholly or primarily in a non-residential zoning district shall retain a setback of not less than sixty-five (65) feet from all adjacent residential zoning districts, unless applicable lots are part of a Master Plan or Planned Unit Development. #SP-22-039 This property is adjacent to the R4 zoning district therefore this criterion applies. The existing zoning district boundary is somewhat within the current parcel. Pursuant to 3.03A(3), the Board finds the zoning district boundary to approximately follow the platted lot line and therefore shall be construed to follow such lot lines, resulting in the subject property being wholly within the C1-R15 zoning district. The existing building setback is less than four (4) feet from the property line. (2) Buffer strip. A buffer strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback in subsection (a) shall be installed and landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not ordinarily be permitted within the fifteen (15) foot wide buffer area. The applicant is proposing to increase the height of the building and add a large walkway and partially covered porch. The portion of the building proposed to increase in height is located approximately 30-ft from the property line. The walkway is, at its nearest point, proposed to be approximately 7-ft from the property line. One accessible parking space is proposed between the building and the property line. The applicant has proposed to use the remainder of the space between the proposed building and the property line as the required amenity area for residential uses. (3) The Development Review Board may permit new or expanded nonresidential uses, structures and/or parking areas, and new external light fixtures, within the setback and/or buffer as set forth in (1) or (2) above, and may approve a modification of the width of the required setback and/or landscaped buffer as set forth in (1) above. In doing so the DRB shall find that the proposed lighting, landscaping and/or fencing to be provided adjacent to the boundary of the residential district will provide equivalent screening of the noise, light and visual impacts of the new non-residential use to that which would be provided by the standard setback and buffer requirements in (1) above. However in no case may the required side or rear setback be reduced below the standard requirement for the zoning district in which the non-residential use is located. In summary, there is required to be a 15-ft densely vegetated buffer and a 65-ft setback between buildings within non-residential zoning districts and a residential zoning district, unless the Board modifies the width of the required buffer and/or setback. The Board may only modify the required buffer and/or setback if the Board finds “that the proposed lighting, landscaping and/or fencing to be provided adjacent to the boundary of the residential district will provide equivalent screening of the noise, light and visual impacts of the new non-residential use to that which would be provided by the standard setback and buffer requirements” What is interesting here is that though the buffer and setback is required for all principal structures within non-residential zoning districts adjacent to residential zoning districts, the modification refers to non-residential uses. The applicant is proposing a residential use, while the existing use is non-residential. The Board considers the change in use from non-residential to residential to be a factor in favor of granting the requested modification. The applicant has proposed to locate their required site amenity within the required vegetated buffer. The site amenity consists of a mixture of dense plantings, lawn, and seating. The applicant provided a robust evaluation of the impacts of the proposed building addition on the existing adjacent single family home, including measurement of the elevation and window sill elevation of the adjoining home relative to the project, renderings of the project in relationship to the existing home, and a sun/shade study under both summer and winter sun conditions. The #SP-22-039 Board supports of the change from non-residential loading dock use to residential use as an improvement to the existing non-conforming buffer and setback and modifies the buffer to that which is provided, including the proposed landscaping and plaza area. 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. The existing building is brick. The applicant is proposing to construct the proposed addition in fiber cement lap siding, with an architectural feature between the existing brick and proposed addition. The applicant is proposing to add windows facing Proctor Ave, and a porch facing Shelburne Street, though the porch will be set back behind the existing building and may not be visible from Shelburne Street. The Board finds the proposed architecture and landscaping to improve compliance with this criterion, though the criterion of 3.06I regarding buffers still applies. (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 structure is proposed to be one story higher than the existing detached single family home to the east. The Board finds the proposed modifications to have a harmonious relationship with the existing three-story residential building to the south. The Board finds this criterion to be met. (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. See discussion 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) Any non-residential development over 5,000 SF. (b) Additions or expansions exceeding 5,000 SF for existing non-residential structures. (c) Any residential development, including conversion of non-residential structures to residential use. (3) The required area shall be: #SP-22-039 (a) For Non-Residential development, a minimum of 6% of non-residential building gross floor area. (b) For Residential development, determined by number of units as: (i) For fewer than 10 units, 100 square feet per unit; (ii) For 10 to 19 units, 85 square feet per unit; or (iii) For 20 or more units, 60 square feet per unit. The applicant must provide 600 sf of site amenity for the proposed six residential units. The applicant has proposed an approximately 1,800 sf area which consists of a covered outdoor space, a walkway and elevated patio, and a vegetated ground level seating area. Based on the size, the only potentially applicable open space type is a snippet/parklet. This open space type has the requirement of being highly vegetated. The ground level seating area portion of the open space is approximately 600 sf. This open space is located in the modified residential buffer discussed under 3.06I above. The Board finds this criterion 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. None of the resources identified in Article 12 exist on the site. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. These standards are contained in Article 13 and are discussed below. C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. Much of 15.A.14 pertains to the construction of streets, which are not applicable to this application. The applicable sections of 15.A.14 follow. 15.A.14 (D) Functional Capacity and Transit Oriented Development. The nearest signalized intersection or those intersections specified by the DRB shall have an overall level of service “D” or better, at the peak street hour, including the anticipated impact of the fully developed proposed PUD or subdivision. In addition, the level of service of each through movement on the major roadway shall have a level of service of “D” or better at full buildout. As noted above, the proposed use reduces three trips. The Board finds a traffic study of adjacent intersections is not warranted. 15.A.14(E) Access and Circulation. The applicant must demonstrate that the street network is arranged to meet applicable access management, traffic, and pedestrian circulation standards under these Regulations, including criteria for site plans under Article 14, #SP-22-039 Transect Zone Subdivisions under Article 9, or a type of Planned Unit Development under Article 15.C; and, for state highways, VTrans Access Management Program Guidelines in effect at the time of application. Unless otherwise specified under these regulations, the street network, including the location and arrangement of streets, must be designed to: (1)-(6) not applicable (7) Provide for safe access to abutting properties for motorists, cyclists, and pedestrians, including safe sight distances, access separation distances, and accommodations for high-accident locations. The Board finds the elements of this criterion pertaining to sight distance, access separation distances and accommodations for high-accident locations to be met. From their parking spaces, residents will go through the building from the parking area, back outside, and then re-enter the building to access their units. Site Plan Review Standard 14.07F requires streetscape improvements where the adjoining street does not meet the applicable Street Type. Proctor Ave has a 50-ft ROW width, making it a neighborhood street, which is required to have a sidewalk on one side, a 5-ft greenbelt (planted with street trees) on both sides, two lanes of vehicular traffic, and between 20 and 26’ of pavement depending on whether on-street parking is provided. Proctor Ave meets the required cross section therefore no streetscape improvements are needed. The Board asked the applicant to evaluate whether there could be a sidewalk either on the subject property or in the public ROW along Proctor Ave without reducing the greenbelt on Proctor Ave to less than the required 5-feet. The applicant provided the following supplemental narrative regarding a sidewalk. Regarding the pedestrian connection on the south side of the 370 property along Proctor Ave. There are gas and power services on this end of the building, so we want to keep a new sidewalk at least 18” off the edge of the building. If we construct the sidewalk at 4 feet wide and propose it as private, it will encroach into the ROW by approximately a foot, see attached SH 1 – Site Plan. We have discussed the idea with the City Director of Public Works who believe an easement could be granted by the City to construct the walk within the ROW but keep it private. We would also be amendable to constructing a 3-foot-wide sidewalk to keep the path clear of the ROW. Please keep in mind, the new residents have access to the north side of the building through the stairwell network inside the building and a sidewalk is already on the south side of Proctor Ave. The Board approves a 3-ft sidewalk in this location and finds the applicant shall modify the plans to replace the shown 4-ft sidewalk with a 3-ft sidewalk entirely within the applicant’s property. (8) Align access point with existing intersections or curb cuts and consolidate existing access points or curb cuts within the subdivision, to the extent physically and functionally feasible. The applicant is not proposing to change the access points. The Board finds this criterion met. #SP-22-039 (9) Minimize vehicular access point (curb cuts) to abutting properties and building lots along pedestrian oriented street frontage; and provide, where feasible, shared vehicular access to frontage and other abutting building lots via rear alleys, side streets, service lanes, shared driveways, or rear cross connections between adjoining parcels. The applicant is not proposing to change the access points. The Board finds this criterion met. D. Transportation Demand Management (TDM) [reserved] E. Building Form. Development within the City Center Form Based Code District, the Urban Design Overlay District, and other districts with supplemental building form standards shall adhere to the standards contained therein. This criterion does not apply as no overlay or related districts apply to the location of the proposed units. 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 no improvements to Proctor Ave to be needed. 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. There is already an existing cross-lot connection to the adjoining commercial lot. The Board finds this criterion met. The Fire Marshal has indicated the applicant has not yet coordinated with the South Burlington Fire Department. The Board finds the applicant must demonstrate approval by the Fire Marshall’s office prior to obtaining a zoning permit. 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 City of South Burlington Water District reviewed the proposed plans on 11/19/2022 and offers following comment. The SBWD requires a new domestic water service connection for this building given it’s change in use and demands. The new domestic service may be tapped from the existing fire sprinkler line into the building, with a separate domestic service and outside shut off, or a new tap on the Proctor Avenue water main can be installed. Either way, the existing water #SP-22-039 service shall be shut off and abandoned at the water main. The building owner or engineer should contact the SBWD to discuss this requirement if there are any questions. The Board finds the applicant must obtain water and wastewater allocation and modify the plans to address the comments of the South Burlington Water Department prior to issuance of a zoning permit. 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. No changes to existing dumpsters are proposed. Dumpsters must remain enclosed. SUPPLEMENTAL REGULATIONS 13.02 Off Street Parking and Loading The applicant must provide 6 parking spaces for the 6 residential units. The Board finds this criterion met. 13.03 Bicycle Parking and Storage. The applicant is proposing a tenant storage area. For the proposed mix of 16,605 sf commercial space and 6 residential units, the applicant must provide five (5) short term bicycle parking spaces. The applicant has indicated a location of the bike rack on the plans, but has stated in the narrative it is not an allowable type and must be replaced. The Board finds the applicant must modify the plans to provide an acceptable type and number of bicycle racks prior to issuance of a zoning permit. 13.04 Landscaping, Screening & Street Trees The City Arborist reviewed the plans on 11/22/2022 and offers the following comments. • Planting Details and Specs should be included in the plan • Species of street trees on Proctor Ave are not specified The applicant has revised the plans to address these comments. 13.04G requires minimum landscaping based on the value of new structures, while 13.04H requires that previously approved landscaping be maintained for the duration of the use. The applicant is proposing a building addition, and proposing to remove existing landscaping, therefore these portions of the landscaping standards apply. The most-recently approved site plan that establishes the required landscaping to be retained was from 2014. The applicant has performed a comparison between that plan and the currently present landscaping and has provided a list and an estimate of the plant value of the missing plantings from the approved plan. Generally speaking, there are a number of previously approved shrubs missing from around the west façade of the building, and two trees which were removed when a sewer pump station was installed. The applicant testified that the missing shrubs were likely removed due to poor growing conditions, and they have selected replacement plantings that they believe will be successful. #SP-22-039 The applicant is also required to provide $26,600 in new plantings based on the value of the proposed building addition. The applicant has not broken out the proposed replacement plantings and the plantings required for the proposed building value separately. The applicant has proposed perennial grasses along the western front yard, shrubs along the northern side of the building, five (5) small trees and a number of shrubs along the west façade of the building, three trees with groundcover near the renovated northern entrance, and a number of trees, shrubs, perennials and ground cover in the required site amenity. They have also proposed street trees along Proctor Ave, which, as mentioned above, are required under 14.07F. The Board’s practice in modifying a previously approved landscaping plan has been to prioritize plantings that have the same effect as the previously approved plantings. The Board finds the vicinity of the addition to be well landscaped. However, were the proposed residential units a stand-alone site, it would not meet lot coverage requirements, therefore the Board finds it appropriate to require additional landscaping around the property to make up the improperly removed plantings. There are a number of landscaping standards pertaining to landscaping of parking lots, including the requirement for one shade tree per five parking spaces, 10% of parking areas consisting of interior landscaping islands, curbing to protect parking lot landscaping, and a minimum shade tree size of 2.5 inches. Additional landscaping standards not specific to parking lots require screening or buffering between dissimilar sites, of parking areas, of outdoor storage, and of utility cabinets. Front yards along collector streets are required to be landscaped, and a mix of large canopy tree species is required throughout. Accordingly, the Board directed the applicant to propose a higher proportion of trees and shrubs, particularly in the front yard facing Shelburne Street, to meet the minimum budget, consistent with the standards summarized in the paragraph above, and because trees and shrubs are what has been improperly removed. Taking into consideration the effect of the proposed plantings compared to the effect of the previously approved plantings, the Board finds that that the proposed landscaping along the west of the building to have the same effect as the previously approved plan, and finds the landscaping to be adequate. The applicant’s proposed plantings are as follows. Trees and shrubs proposed, site amenity $4,076 Groundcover and perennials, site amenity $4,868 Street trees $5,200 Additional site trees, shrubs, and perennials $1,564 Additional trees, grasses and perennials along Shelburne Street and west of Building $17,373 Total Proposed Planting Value $33,081 Required Minimum Landscaping $26,500 Applicant’s estimate of required replacement landscaping (plant value only) $6,110 Finally, 13.04B(7) requires designation of snow storage areas for parking lots. (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. #SP-22-039 Snow storage areas are shown. Snow storage may not occur in the provided site amenity and may be required to be hauled off site should insufficient snow storage be available. Snow storage may not be coincident with stormwater treatment or conveyance practices. 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. Less than 5,000 sf is proposed to be disturbed therefore stormwater management standards do not apply. Nonetheless, the City Stormwater Section reviewed the provided plans on 11/28/2022 and offers the following comments. 1. This project is located in the Engelsby Brook watershed. This watershed is listed as stormwater impaired by the State of Vermont Department of Environmental Conservation (DEC). Please note that the Engelsby Brook is now classified as a warm water stream. 2. The project proposes to convert an existing commercial space on the second floor of a building located at 370 Shelburne Rd to residential use, as well as add a third floor to the building. This project will also include general site improvements. As the project does not proposed greater than 5,000 SF of new impervious and redevelopment, the project is not subject to the stormwater management requirements listed in Section 13.05 of the LDRs. 3. The applicant should provide a detailed EPSC plan, indicating location of inlet protection, designated construction entrance(s), as well as locations of silt fencing. The applicant is recommended to provide inlet protection on the catch basin to the north of the proposed sidewalk, as well as on the catch basin to the north of the Shelburne Rd access where planting is proposed. The Board finds the applicant must provide an EPSC plan subject to review and approval of the City Stormwater Section prior to issuance of a zoning permit. 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 Proposed lighting fixtures are underneath the overhanging canopies. The Board finds existing light fixtures must be brought into compliance with downcast and shielded requirements if they are not already prior to issuance of a certificate of occupancy for the new use. #SP-22-039 DECISION Motion by Mark Behr, seconded by Quin Mann, to approve Site Plan application #SP-22-039 of David Hauke subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Prior to obtaining a zoning permit, 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. replace the shown 4-ft sidewalk with a 3-ft sidewalk entirely within the applicant’s property. b. Address the comments of the South Burlington Water Department, subject to the directors approval c. modify the plans to provide an acceptable type and number of bicycle racks 4. The applicant must obtain the 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. 5. Prior to issuance of a zoning permit, the applicant must receive final water and wastewater allocation. 6. The applicant must provide an EPSC plan subject to review and approval of the City Stormwater Section prior to issuance of a zoning permit. 7. The applicant must demonstrate approval by the Fire Marshall’s office prior to obtaining a zoning permit. 8. Prior to issuance of a zoning permit, the applicant must post a landscaping bond for the approved $33,081 in plantings in accordance with the methodology in LDR 15.15B ($21,540.50). 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. 9. Snow storage may not occur in the provided site amenity and may be required to be hauled off site should insufficient snow storage be available. Snow storage may not be coincident with stormwater treatment or conveyance practices. 10. The applicant shall regularly maintain all stormwater treatment and conveyance infrastructure. 11. 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. 12. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. #SP-22-039 13. A digital PDF version of the full set of approved final plans must be delivered to the Administrative Officer before issuance of a zoning permit. 14. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 15. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the project. 16. The applicant must receive final water and wastewater allocation prior to issuance of a zoning permit. 17. 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. 18. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 19. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present John Stern Yea Nay Abstain Not Present Quinn Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Motion carried by a vote of 4 - 0 - 0. Signed this ____ day of March, 2023, 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 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.