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HomeMy WebLinkAboutSP-22-020 - Decision - 0039 Bowdoin Street#SP-22-020 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING NEAGLEY & CHASE CONSTRCUTION 39 BOWDOIN STREET SITE PLAN APPLICATION #SP-22-020 DRAFT FINDINGS OF FACT AND DECISION Site plan application #SP-22-020 of Neagley & Chase Construction to construct a 12,840 sf contractor or building trade facility with supporting parking and infrastructure improvements, 39 Bowdoin St. The Development Review Board held public hearings on June 21, 2022, October 6, 2022, and March 7, 2023. Dave Marshall represented the applicant. Board member Stephanie Wyman was recused from this application and did not participate in this decision. 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-22-020 of Neagley & Chase Construction to construct a 12,840 sf contractor or building trade facility with supporting parking and infrastructure improvements, 39 Bowdoin St. 2. The subject property is located in the Industrial & Open Space Zoning District. 3. The owner of record of the subject property is Neagley & Chase Construction. 4. The application was received on April 26, 2022. 5. The plans submitted consist of the following: Sheet No. Description Prepared By Last Revised Date A1.0 Building Elevations Scott & Partners 9/21/2022 A2.0 Building Floor Plans Scott & Partners 11/7/2022 C1.0 Overall Site Plan CEA, Inc. 9/21/2022 C1.1 Existing Conditions Site Plan CEA, Inc. 6/27/2022 C2.0 Proposed Conditions Overall Site Plan CEA, Inc. 9/21/2022 C2.1 Proposed Site Improvements Plan CEA, Inc. 9/21/2022 C2.2 Proposed Conditions Grading & Draining Plan CEA, Inc. 3/7/2023 C2.3 Proposed Conditions Utility Plan CEA, Inc. 11/7/2022 C2.4 Proposed Lighting Plan CEA, Inc. 9/21/2022 C3.0 EPSC Plan CEA, Inc. 11/7/2022 C3.1 EPSC Narrative CEA, Inc. 4/7/2022 C3.2 EPSC Narrative & Details CEA, Inc. 4/7/2022 C3.3 EPSC Details CEA, Inc. 4/7/2022 C4.0 Site Details CEA, Inc. 4/7/2022 C4.1 Water and Sewer Details CEA, Inc. 11/7/2022 #SP-22-020 2 C4.2 Storm Details CEA, Inc. 4/7/2022 C4.3 Storm Chamber System Details CEA, Inc. 3/7/2023 C4.4 Miscellaneous Details CEA, Inc. 4/7/2022 C4.5 Miscellaneous Details CEA, Inc. 4/7/2022 C5.0 - C5.5 Specifications CEA, Inc. 4/7/2022 F1.0 Fire Department Access Plan CEA, Inc. 9/21/2022 HB1.0 Height of Building Calculation CEA, Inc. 9/21/2022 L1.1 Proposed Planting Plan CEA, Inc. 11/30/2022 WS1.0 Parking Lot Green Space Plan CEA, Inc. 4/7/2022 TCE Plat TCE Plat Plan Trudell Consulting Engineers 8/27/1996 A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS The lot is currently undeveloped. IO Zoning District Required Proposed — Min. Lot Size, non-residential use 3 acres 4 acres —Max. Building Height Flat Roof 40 ft 31.8 —Max. Building Coverage 30% 6.6% —Max. Overall Coverage 50% 21% — Max. Front Setback Coverage 30% 11.9 & 29.8% —Min. Front Setback 50 ft 30.6 & 41.5 ft1 —Min. Side Setback 35 ft 84 ft —Min. Rear Setback 50 ft N/A 1. The Board grants a waiver to reduce the front yard setback from 50 feet to 30 feet due to site constraints stemming from the recent re-delineation of the wetland area. 13.06 Airport Approach Cones All applications for development within the Airport Approach Cones, as shown on the Overlay Districts Map, involving new or expanded buildings or structures shall provide documentation that either a Notice to the Federal Aviation Authority (FAA) is not required, or an application for a Determination of No Hazard has been submitted to the FAA. Where an application for Determination of No Hazard has been submitted, no zoning permit for construction shall be issued without demonstration of receipt of an issued Determination. The property is located entirely within an airport approach cone. The applicant has provided a Determination of No Hazard to Air Navigation, issued March 7, 2022. The Board finds this criterion met. 10.02G Hinesburg Road-North View Protection Zone (1) No part of any structure within the Hinesburg Road-North View Protection Zone shall exceed an elevation of 393.5 feet above mean sea level plus 5.8 feet for each 1000 feet that said part of said structure is horizontally distant from the Hinesburg Road-North View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay District Map. #SP-22-020 3 The proposed building has a flat roof and is 31.8 feet in height. Given the proposed grade of 348 ft, the Board finds that the highest point of the proposed structure will be 380 feet above sea level. This elevation is below the elevation of the baseline, and as such, the Board finds this criterion met. (2) Landscaping and other vegetation located within the Hinesburg Road-North View Protection Zone shall be maintained so that it does not exceed an elevation of 393.5 feet above mean sea level plus 5.8 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the Hinesburg Road - North View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay District Map. The nearest trees are located approximately 2,500 ft from the baseline, which results in a maximum allowable tree height of 408 ft. The nearest trees are proposed to be at elevation 344, with a max height of 50 – 60 ft, or 404 ft. The Board finds this criterion met. B) SITE PLAN REVIEW STANDARDS 14.06 General 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. (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. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. (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 to have one loading dock facing east. The loading dock doors will be at grade with the proposed floor of the building, though the ground will be lower. Both the south and east-facing facades include over a dozen windows and are fronted by landscaping features, including maple trees and ornamental plantings, including shrubs and perennials. The proposed entry is located in the southwest corner of the building, on the west façade. The applicant has integrated the proposed parklet into this area of the building to connect the west side of the building to the frontage along the south side, and to the street. Transitions are discussed under 14.06(C) below. Adequacy of planting and pedestrian movement are discussed elsewhere in this document. #SP-22-020 4 For the proposed 11,317 sf building, twenty-three (23) parking spaces are provided. The Board finds parking area to be adequate, and 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. This criterion is 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. (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 applicant has provided elevations of the proposed building. The building is proposed to be clad in metal panels. The adjacent sites in Meadowland Business Park have a similar architectural style, with the exception of the existing Neagley and Chase building which is partially constructed of brick. The Board finds this criterion to be met. 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. #SP-22-020 5 The proposed facility exceeds 5,000 sf in size and therefore these standards apply. (3) The required area shall be: (a) For Non-Residential development, a minimum of 6% of non-residential building gross floor area. (b) For Residential development, determined by number of units as: (i) For fewer than 10 units, 100 square feet per unit; (ii) For 10 to 19 units, 85 square feet per unit; or (iii) For 20 or more units, 60 square feet per unit. The proposed 11,317 sf building requires a minimum of 680 sf of Site Amenity. The proposed Site Amenity is a 1,338 sf parklet located near the southwest corner of the building, directly adjacent to the proposed primary entrance and the existing public sidewalk. The proposed Site Amenity features four paperbark maples and four metal picnic tables. The Board finds this parklet design to meet the requirements of Site Amenity design and considers 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. The property contains a wetland, wetland buffer, and river corridor. The river corridor is contained entirely within the wetland and wetland buffer. The applicant is proposing minor grading outside of the wetland buffer and is proposing the installation of a temporary silt fence around the fill used for this project in order to avoid impacts to the wetland buffer. The applicant is connecting the proposed project to the existing City sewer line outside of the Class II wetland buffer. The Board finds this criterion met. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. These standards are contained in Article 13 and are discussed below. C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. 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. #SP-22-020 6 The applicant has estimated traffic based on 5,490 sf of Warehousing use (ITE LUC #150) and 7,710 sf of Specialty Trade Contractor use (ITE LUC #180) and estimates that the project weekday PM peak hour trip generation will be 16 VTEs per hour. The Board finds no additional traffic evaluation to be necessary. 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, 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 pedestrian access to be adequate and approves the proposed driveway widths. (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. At previous hearings, the Board asked the applicant whether the curb cut on Bowdoin St could be re-configured to align with the existing curb cut on the opposite side of the street. The applicant reviewed a variety of options and concluded that the request from the Board to re-align the proposed curb cut in the manner suggested is not functionally feasible. The Board finds that, although the proposed access is not aligned with the curb cut across the street, it is not functionally feasible to align the two access points, and as such, finds this criterion met with respect to the proposed driveway location. (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 street network in this location is such that Bowdoin Street cannot be extended much further due to the location of the interstate, and Meadowland Drive cannot be extended much further due to the location of Muddy Brook and its associated wetland complex. Because of the wetland to the west, no connection to the west may occur. The northern property is occupied by the Department of Homeland Security, and as such no cross lot connection to the north is recommended. The Board finds this criterion met. D. Transportation Demand Management (TDM) [reserved] #SP-22-020 7 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. 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 Bowdoin Street to be an Industrial Access Road, the cross section for which includes a 10-ft wide recreation path and street trees. The applicant is proposing street trees. There is an existing 5-ft bituminous walk on the side of the street facing the subject property. Given the nature of the street and its limited potential for expansion, the Board finds the existing facility to be sufficient. The Board finds this criterion met. 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. The Board finds no reservation of land to be necessary. 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 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. Wire-served utilities are proposed to be underground. The Director of Public Works reviewed the originally proposed plan on 6/1/2022 and indicated there were no comments on this application. The Board finds the approved plans to be less impactful than those reviewed by the Director of Public Works and therefore to not require additional Public Works review. Any changes necessary for connection to public infrastructure are anticipated to be of the magnitude allowable as field changes. The South Burlington Water Department Director reviewed the plans on May 27, 2022, and offered several comments, which the applicant has subsequently incorporated. 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. #SP-22-020 8 The applicant is proposing to screen the dumpster in accordance with the regulations. The Board finds this criterion met. C) 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. As discussed above, The Board finds cross-lot connections to not be viable. However, in the case of a site plan, the Board only has the authority to waive dimensional requirements. The applicant has provided a draft deed for a 25-foot-wide access easement between the subject property and the property to the north. The Board finds the applicant shall record the access easement, subject to review and approval by the City Attorney, prior to issuance of a zoning permit. 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. Dimensional requirements are met. Parking lot landscaping and lighting are further discussed 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. As noted above, the location of the loading dock requires trucks to reverse in Bowdoin Street. The Board finds that, as a low-traffic dead-end road in an industrial zoning district, the truck movements necessitated by the proposed driveway configuration will not lead to an inordinate amount of blockage or back-ups on the public street. (3) Provision shall be made for access by police, fire and emergency vehicles. The Fire Chief reviewed the plans on June 1, 2022 and provided several comments, which the applicant subsequently incorporated to the satisfaction of the Fire Chief. As such, the Board finds this criterion met. #SP-22-020 9 (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 Board finds appropriate pedestrian accommodations have been provided. (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. 13.03 Bicycle Parking and Storage. The applicant has provided two bicycle racks, providing short-term parking spaces for four bicycles, and a bicycle storage space & locker. Required Bike Parking Required Short Term (1 per 5k sf office, 1 per 20k sf contractor facility, minimum 4) 4 Long Term (50% of short term retail and office, 1 per unit) 2 Clothes Lockers 1 The proposed short-term and long-term bicycle parking spaces meet both the minimum number of bicycle parking spaces required and the design standards for these spaces. As such, the Board finds this criterion 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 #SP-22-020 10 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. Parking areas are proposed to be curbed. Trees are proposed around the perimeter of the parking areas. (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. The proposed parking area includes only twenty-three (23) parking spaces. As such, this criterion is not applicable. (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. Curbing is provided. The Board finds this criterion met. (3) Landscaping Requirements The City Arborist reviewed the plans on 12/12/2022 and provided the following comments: Tree and Shrub Planting Details should be included in the plans, otherwise the plans look fine. The Board finds that the applicant must comply with the comments of the City Arborist as a condition of approval. (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 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 evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. 23 parking spaces are provided, requiring 5 shade trees. 6 shade trees are provided and are located on both sides of the parking area. The Board 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. This criterion is met. (c) 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. #SP-22-020 11 The applicant is proposing to install sixteen trees representing six different species. As such, the Board 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). This criterion is not applicable. (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 are specified. The Board finds this criterion met. C. Screening or buffering. The Development Review Board will require landscaping, fencing, land shaping and/or screening along property boundaries (lot lines) whenever it determines that a) two adjacent sites are dissimilar and should be screened or buffered from each other, or b) a property’s appearance should be improved, which property is covered excessively with pavement or structures or is otherwise insufficiently landscaped, or c) a commercial, industrial, and multi-family use abuts a residential district or institutional use, or (d) a parking or loading area is adjacent to or visible from a public street. The Board finds the project to be similar to adjacent uses and as such this criterion to be not applicable. 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 applicant is proposing a suitable amount of landscaping in the front yards, including a conveyance swale. As such, 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 estimated construction cost for this project is $1,750,000. As such, the minimum required landscape budget for this project is $25,000. The applicant is proposing to install $25,310 worth of landscaping features, including a variety of trees, shrubs, and perennials. The perennials proposed include a mix of grasses, vines, and flowers, and are intended to serve as both pollinator habitat and as a primary component of the site amenity landscaping. The Board finds the proposed landscape budget to be acceptable and considers this criterion met. #SP-22-020 12 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 applicant has worked with the City Stormwater Section to provide stormwater treatment meeting the requirements of section 13.05. The City Stormwater Section provided final comments on the approved plans on March 7, 2023, as follow. • Update the EPSC plan to include the new layout that has the catch basin along Bowdoin St/adjust plan as needed • Change the notes for the construction entrances on the EPSC to show that they will need a construction entrance and they will need to sweep the street as necessary, not either/or The Board finds the applicant must modify the plans to comply with the comments of the City Stormwater Section. Since the project involves a storm pipe that crosses an existing water line, the Board finds the applicant must provide the plans to the South Burlington Water Department Director prior to construction and incorporate any necessary revisions as field changes. 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 applicant has provided a photometric drawing indicating this criterion is met. Only the lighting fixtures indicated in this photometric drawing and on the site plan are permitted. The Board finds this criterion met. 13.08 Outdoor Storage and Display The applicant is proposing to use a 705 sf screened area accessible as outdoor storage A. Outdoor Storage. Outdoor storage of goods, materials, vehicles for other than daily use, and equipment shall be subject to the following provisions: #SP-22-020 13 (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. 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. The applicant is proposing to enclose the area with a 6-foot to 7-foot chain link fence with plastic slats. The Board finds this criterion met. 3.18 Energy Standards All new buildings are subject to the Stretch Energy Code pursuant to Section 3.18: Residential and Commercial Building Energy Standards of the LDRs. This now includes provision of a solar-ready roof. The applicant is including PV-enabling power accommodations as part of this application. As such, the Board finds this criterion met. DECISION Motion by Dawn Philibert, seconded by John Stern, to approve Site Plan application #SP-22-020 of Neagley & Chase Construction, 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. A digital PDF version of the approved final plan set must be delivered to the Administrative Officer before issuance of a zoning permit. 4. The applicant shall record an access easement, subject to review and approval by the City Attorney, prior to issuance of a zoning permit. 5. The plans must be revised to show the changes below and shall require approval of the Administrative Officer prior to issuance of a zoning permit: a. Include ‘Tree & Shrub Planting Details’ b. Update the EPSC plan to include the new layout that has the catch basin along Bowdoin St and adjust EPSC plan as needed c. Change the notes for the construction entrances on the EPSC to show that they will need a construction entrance and they will need to sweep the street as necessary, not either/or #SP-22-020 14 6. Prior to issuance of a zoning permit, the applicant must post a landscaping surety for $17,500 in accordance with the methodology in LDR 15.15B. This surety shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 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. Only the lighting fixtures indicated in the approved photometric drawings and on the record site plans are permitted to be installed. 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 LDRs, 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 proposed expansion. 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. Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present John Stern Yea Nay Abstain Not Present Motion carried by a vote of 5 – 0 – 0. Signed this ____ day of April 2023, by _____________________________________ Dawn Philibert, Chair #SP-22-020 15 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.