Loading...
HomeMy WebLinkAboutSP-23-040 - Decision - 1068 Williston Road CHAMPLAIN SCHOOL APARTMENTS PARTNERSHIP — 1068 WILLISTON ROAD SITE PLAN APPLICATION #SP-23-040 FINDINGS OF FACT AND DECISION 1 SP-23-040 Findings of Fact and Decision Site plan application #SP-23-040 of Champlain School Apartments Partnership to amend a previously approved site plan for a 100 room hotel, a mixed-use building with 6,149 sf of retail use and 74 residential units, a 101 room hotel and related site improvements, and 335 feet of a future public street, 1068 Williston Road. The amendment consists of modifying the approval to reflect changes necessitated by conditions only discovered once construction was underway, 1068 Williston Road. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT & CONCLUSIONS OF LAW 1. The applicant, Champlain School Apartments Partnership, seeks site plan approval to amend a previously approved site plan for a 100 room hotel, a mixed-use building with 6,149 sf of retail use and 74 residential units, a 101 room hotel related site improvements, and 335 feet of a future public street, 1068 Williston Road. The amendment consists of modifying the approval to reflect changes necessitated by conditions only discovered once construction was underway, 1068 Williston Road. 2. The owner of record of the subject property is Champlain School Apartments Partnership. 3. The subject property is located in the City Center Form Based Codes Transect 4 (T4) District and the Traffic Overlay District. 4. The application was received on October 31, 2023. 5. For the purposes of this decision, the three buildings are referred to as follows: a. Mixed-use building – 5,800 sf retail and 83 residential units at the northeastern side of the property (Phase 2A) b. Demolished building – 100 room Holiday Inn hotel at the northwestern side of the property, previously approved for renovation (Phase 2B, see #6 below) c. Approved hotel – 101 room hotel located at the southern end of the parcel (Phase 3) 6. Previous approvals included renovations to the Holiday Inn. Pursuant to a development agreement dated 9/6/2023, the applicant obtained zoning permit ZP-23-345 to demolish the Holiday Inn instead of renovate it. It has now been demolished. Since this application does not modify the previously approved plans to renovate the demolished building, the former Holiday Inn is still shown in its approved renovated form on the plans, though it is understood that the development agreement requires construction on a new mixed-use building in place of the demolished Holiday Inn building to commence by October 1, 2025. The previously approved renovations to the now- demolished Holiday Inn building, and the replacement mixed-use building, are referred to as Phase 2B. 7. The applicant has submitted conceptual plans for the replacement mixed use building in Phase 2B. Some of the modifications proposed in this application are to accommodate the planned revisions to Phase 2B. 8. This decision modifies the approval for Phase 2A, defined in SP-22-031 to include the mixed use building. For the purposes of this decision, no changes to the approval for the demolished Holiday Inn building (Phase 2B) or approved hotel (Phase 3) are proposed or approved. The phase lines on SP-23-040 Findings of Fact and Decision 2 sheet C2.01 Proposed Site Plan match those approved in SP-22-031 except where they reflect modifications approved herein; no modification to phasing limits outside of the specific approvals in this decision is permitted. 9. The submitted materials consists of the following plans and supplemental information. Directly superseded materials are excluded.  Form Based Code Application  Form Based Code Application Cover Letter 9/18/2023  Form Based Code Application Checklist, Undated  Abutter and Owner Address Sheet  Landscape Budget Larkin Phase 2A 9/12/2023  Zoning Permit Application June 2023 • Project Drawings Sheet Number Sheet Name Latest Revision Date C0.00 Cover Plan 12/12/2023 C1.00 Legend and General Notes 10/17/2022 C2.01 Proposed Site Plan 12/12/2023 C3.01 Grading and Drainage Plan 12/12/2023 C3.02 Intersection Grading Plan 5/23/2023 C4.01 Utility Plan 12/12/2023 C5.01 Roadway Profile Plan 6/8/2023 C5.02 Waterline Profiles Plan 5/23/2023 C5.03 Sewer Profile Plan 6/8/2023 C6.01 EPSC Plan 12/12/2023 C7.01 Site Details 1 10/17/2022 C7.02 Site Details 2 10/17/2022 C7.03 Site Details 3 6/8/2023 C7.04 Site Details 4 8/8/2023 C8.00 EPSC Narrative and Notes 10/17/2022 C8.01 EPSC Details 10/17/2022 L0.00 General Notes and Abbreviations 8/14/2023 L2.00 Landscape Layout and Materials 12/12/2023 L2.01 Landscape Layout and Materials Enlargement 8/14/2023 L2.02 Landscape Layout and Materials Enlargement 12/12/2023 L3.00 Landscape Details 8/14/2023 L3.01 Landscape Details 8/14/2023 L3.02 Landscape Details 8/14/2023 L4.00 Overall Planting Plan 12/12/2023 L4.01 Planting Plan Enlargement 8/14/2023 L4.02 Planting Plan Enlargement 12/12/2023 L4.03 Planting Plan Enlargement 12/12/2023 L4.04 Landscape and Open Space 12/12/2023 SP-23-040 Findings of Fact and Decision 3 L4.05 Open Space (Phase 2A) 12/12/2023 L5.00 Planting Details 8/14/2023 L6.00 Overall Landscape Lighting Plan 12/12/2023 L6.01 Landscape Lighting Plan Enlargement 12/12/2023 L6.02 Landscape Lighting Plan Enlargement 12/12/2023 L6.03 Landscape Lighting Plan Enlargement 12/12/2023 L6.04 Landscape Lighting Plan Enlargement 12/12/2023 L6.05 Landscape Lighting Plan Enlargement 8/14/2023 10. Process Elements: a. The project is subject to administrative review. The requirements for a pre-application meeting, abutter notice, and written Department of Public Works and Fire Department review are not applicable because the application consists of less than 5,000 sf expansion from the previous approval for which such requirements were addressed. b. The Administrative Officer deemed the application complete on October 31, 2023. The applicant submitted final modifications to the application package on December 12, 2023. 11. Review Criteria: CITY CENTER FORM BASED CODES STANDARDS Section 8.03 Land Development and Building Placement A. Land Development. No land development shall be permitted except in full compliance with the applicable Building Envelope Standards (BES) and this Article. No modifications to standards contained within the BES are proposed or approved. B. Building Placement. All new buildings, and all additions to buildings, except as permitted in a T3 Cottage Court or as permitted under Section 8.11, Nonconformities, shall include at least one building façade located entirely within a Build-to-Zone. No changes to the building placement are proposed or approved. C. Special Requirements, Prohibitions & Exceptions. Not applicable. Section 8.04 Blocks, Streets, and Alleys A. General Standards (1) Purpose… (2) Construction of streets No changes to previous approvals are proposed. (3) Perimeter and Length of Blocks. Not applicable. (4) Frontage Buildout. No changes to previous approvals are proposed. (5) Connectivity. All existing or proposed streets shall connect directly at each end to another existing public street, or planned or proposed street listed as a qualifying street type in the applicable BES. No changes to previous approvals are proposed. (6) Build-to-Zones. No changes to previous approvals are proposed. SP-23-040 Findings of Fact and Decision 4 B. Location of blocks and streets. (1) Applicability of block lengths and perimeters. The subject property is located within an exempt area. (2) Public Facilities on the Official Map. Where a planned street or any other planned public feature, facility, or improvement is shown on a parcel or lot on the Official Map, the owner of such parcel or lot shall provide an irrevocable offer of dedication of such planned street or planned public feature, facility for improvement to the City at the time of an application for land development on such parcel or lot. In the event that the applicant proposes a private street, a plan clearly depicting the area of such street shall be recorded in the land records prior to the issuance of any zoning permit. The following additional standards shall apply in either instance: No changes to previous approvals are proposed. C. Primary and Secondary Streets. On October 10, 2023, the Planning Commission approved the street name North Dorset Street for the street segment constructed in Phase 2A. Williston Road and North Dorset Street are both Primary Streets. D. Primary and Secondary Building Façade determination. For the purposes of the mixed-use building in accordance with 8.04D, the principal façade is located on North Dorset Street. E. Corner Radii; Clear zones. The proposed site plan includes a 25-foot clear zone free of all vertical obstructions as required. F. Alleys. An alley was previously approved to access the parking to the side of and behind the demolished building site (Phase 2B) and the mixed use building (Phase 2A). The entrance to this alley has been modified from the previous approval to accommodate planned modifications to Phase 2B, for which the applicant has not yet applied. This application also involves minor modifications of the limits of Phase 2A to accommodate the revised alley configuration. Section 8.05 Parking No changes to previous approvals are proposed. Section 8.06 Special Standards No changes to previous approvals are proposed. Section 8.07 Prohibited Materials No changes to previous approvals are proposed. SP-23-040 Findings of Fact and Decision 5 Section 8.08 Open Space Requirements The following open space requirements and provided areas were previously approved in SP-22-031. Required Open Space (from SP-22-031): Phase 2A (Mixed use building) 5,789 sf non-residential x 6% = 347 sf 83 units @ 60 sf/unit = 4,980 sf Previously Approved Phase 2B building total area 57,620 sf x 6% = 3,457 sf Phase 3 (New hotel building) total area 83,927 sf x 6% = 5,036 sf Total = 13,820 sf Previously Approved Open Space (from SP-22-031): Courtyard = 8,867 sf Outdoor Café/Restaurant Seating = 3,639 sf Snippet = 1,110 sf Sun Terrace = 3,073 sf (max allowable qualifying area is 3,000 sf) Total = 16,616 Phase 2A, consisting of the mixed use building, requires 5,327 sf of open space. The applicant has proposed to construct 5,000 sf of the previously approved courtyard (located between Phase 2A and Phase 2B), and the 3,000 sf sun terrace, as part of Phase 2A. Sun terraces may count as only 50% of the required open space, or 2,663 sf. The applicant has met the required minimum open space for Phase 2A by providing 7,663 sf of on-site open space. The applicant may apply to amend the courtyard and shall be permitted to disrupt the amended portion, plus a reasonable construction buffer, as part of the zoning permit for Phase 2B. Regarding the sun terrace, the applicant has proposed that it be accessed via a public corridor, revised from the previously approved exterior stair. Access to the roof top patio / sun terrace for non-building tenants will be achieved by entering door #135A and going up stair #135. Exterior doors #135A will be unlocked during normal business hours when the receptionist desk is occupied. The Administrative Officer finds exterior doors to the sun terrace shall be unlocked during normal business hours, which are defined for the purpose of this decision as 9 AM to 5 PM Monday through Saturday with occasional closures for holidays, and that the sun terrace shall be accessible to the general public during these times without having to request permission. All products installed in the qualifying open space must be of high quality materials intended to be used for commercial application, pursuant to Appendix G. Section 8.09 Uses Allowed and Changes of Use. No prohibited uses have been proposed. Section 8.14 T-4 Building Envelope Standards No changes to previous approvals are proposed. TRAFFIC OVERLAY DISTRICT No changes to previous approvals are proposed. SP-23-040 Findings of Fact and Decision 6 SITE PLAN REVIEW STANDARDS Section 14.06 Site Plan Review Standards A. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. (a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. The applicant has added a planter box along the southern façade. This planter is located approximately 11-ft from the future road curb. The Administrative Officer finds this criterion met. (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. No changes to previous approvals are proposed. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. No changes to previous approvals are proposed. (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. The applicant is proposing a modification to the limits of Phase 2A to allow construction of a temporary walkway in the courtyard area to allow access to doors prior to construction of Phase 2B. Other modifications to the pedestrian circulation includes replacement of the concrete sidewalk along the southern facade with pavers, and reduction in the width of the sidewalk to the dumpster enclosure to accommodate a garage vent. (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. No changes to previous approvals are proposed. The Administrative Officer finds these criteria met. (2) Parking: No changes to previously approved parking are proposed. (3) The height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. No changes to previous approvals are proposed. B. Relationship of Structure and Site to Adjoining Area The applicant is proposing modification to some of the approved hardscape and landscaping. SP-23-040 Findings of Fact and Decision 7 (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 most recent approval, SP-22-031, included a pergola over the entrance to the building in Phase 2A. The applicant is proposing to remove the pergola and install three planter boxes with stone seat walls in a similar location. Given that this area will be bordered by a lawn area for the duration of Phase 2A and that it will be enhanced to be a high-quality open space in Phase 2B, the administrative Officer finds this criterion met. (2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. No changes to the building are proposed. Section 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Environmental Protection Standards. All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. Section 12.02 Wetland Protection Standards No changes to previous approvals are proposed. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. These standards are contained in Article 13 and are discussed below. C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. 15.A.14 pertains largely to road design. Changes to previously approved pedestrian circulation are discussed under 14.06A(1)(d) above. The Administrative Officer finds this criterion met. D. Transportation Demand Management (TDM) [reserved] E. Building Form. Development within the City Center Form Based Code District, the Urban Design Overlay District, and other districts with supplemental building form standards shall adhere to the standards contained therein. No changes to the building are proposed. F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit requirements for additional upgrades as necessary to meet the requirements of these Regulations. SP-23-040 Findings of Fact and Decision 8 No changes to previous approvals are proposed. 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. No changes to previous approvals are proposed. 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. No changes to previous approvals are proposed. 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 previous approvals are proposed. OTHER Only standards affected by this application are discussed below. 13.02 Off Street Parking and Loading G. Design requirements for Parking Spaces, Parking Aisles, Lighting and Landscaping (1) Design requirements for off-street parking and loading are provided in Table 13-2 and Figure 13-1, Section 13.04, Landscaping , Screening, and Street Trees, and Section 13.07, Exterior Lighting. All paved parking spaces shall be striped or otherwise physically delimited. No changes to previous approvals are proposed. (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. No changes to previous approvals are proposed. (3) Provision shall be made for access by police, fire and emergency vehicles. The Fire Department reviewed the proposed entrance changes on December 27, 2023 and indicated there are no issues with the revised entrance drive. (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. SP-23-040 Findings of Fact and Decision 9 Changes to previously approved pedestrian circulation are discussed under 14.06A(1)(d) above. The Administrative Officer finds this criterion met. (5) Bicycle parking or storage facility. See Section 13.03 (6) Stormwater management strategies that facilitate infiltration including but not limited to recessed planting islands, bioretention facilities, and pervious parking spaces are encouraged in the design of any off-street parking or loading area. No changes to previous approvals are proposed. 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. No changes to previous approvals are proposed. (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. No changes to previous approvals 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. No changes to previous approvals are proposed. (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. SP-23-040 Findings of Fact and Decision 10 The applicant is proposing to modify the plantings for the approved sun terrace (referred to by the applicant as a “green roof”). The Administrative Officer finds the modified plantings meet this criterion. (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. No changes to previous approvals are proposed. (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. No changes to previous approvals are proposed. (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. No changes to previous approvals are proposed. (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). No changes to previous approvals are proposed. (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. No changes to previous approvals are proposed. 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. No changes to previous approvals are proposed. 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). No changes to previous approvals are proposed. 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 SP-23-040 Findings of Fact and Decision 11 landscaping budget shall be required to show a planned expenditure of three percent of the first $250,000 in construction or improvement cost plus two percent of the next $250,000 in construction or improvement cost, plus one percent of the remaining cost over $500,000. The landscaping budget shall be prepared by a landscape architect or professional landscape designer. In this application, the applicant is estimating the building cost of Phase 2A (the mixed use building) to be $18,000,000. Required minimum landscaping for Phase 2A is calculated as follows: Total Building Construction or Improvement Cost % of Total Construction/ Improvement Cost Minimum Required (Phase 2A) $18M Project cost Up to $250,000 3% $7,500 Next $250,000 2% $5,000 Remainder over $500,000 ($22,500,000) 1% $175,000 Total: $187,500 Proposed Landscaping: $221,355 The Administrative Officer finds the applicant may apply the excess landscaping value to the required minimum landscaping budget for Phase 2B, and Phase 3, provided no Certificate of Occupancy for Phase 2B or Phase 3 is granted prior to the issuance of a Certificate of Occupancy for the Mixed Use Building. Within the T4, up to 80% of the required minimum landscaping value may be applied towards commissioned sculptures, fountains, ornamental planters, ornamental or commissioned benches, and ornamental or commissioned bicycle racks as part of a cohesive landscaping plan for the site that provides adequate planting of trees and shrubs appropriate to the site. The required landscape value and the applicant’s proposed landscaping is summarized in the following table. Phase 2A Required Value Proposed Expenditure, Total On-Site Landscaping $187,500 $221,355 20% in trees, shrubs and non-bulb perennial vegetation $37,500 min $91,580 80% in other amenities $129,7751 1. Includes the cost of brick pavers above the cost of concrete and the non-plant cost of the green roof, which includes roof top pavers and pedestal system, planting trays, and specific green roof waterproofing, drainage, protection matting, etc. 13.05 Stormwater The applicant is proposing to modify the approved footing drain by providing an outfall to the northwest of the building, outside of the wetland buffer in an area of 23% slopes. LDR 12.03 pertains to development in steep slopes, defined as those between 15 and 25%. SP-23-040 Findings of Fact and Decision 12 12.3E(2) Steep Slope Standards (a) All development must be designed to avoid undue adverse effects on steep slopes which may include, but are not limited to, undue clearing of vegetation, excavation, and/or filling. The applicant has demonstrated the impacts are the minimum necessary to provide positive drainage. (b) All recommendations of the slope stability analysis submitted with the application shall be required by the DRB or Administrative Officer. The slope stability analysis recommends provision of erosion prevention and sediment control measures. The Administrative Officer finds the applicant shall modify sheet C6.01 to include project demarcation fence and silt fence in accordance with the design procedures in the VT Low Risk Site Handbook for Erosion Prevention and Sediment Control. Section 13.04 Bicycle Parking The applicant is proposing to modify the limits of Phase 2A to temporarily locate the 11 required short- term bicycle parking spaces in Phase 2B. The administrative officer finds this criterion met. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-23-040 of Champlain School Apartments, subject to the following conditions: Prior to Issuance of a Zoning Permit 1. The site plans must be revised to show the changes below and shall require approval of the Administrative Officer. A digital copy of the full revised plan set must be submitted to the Administrative Officer prior to zoning permit approval. a. Modify sheet C6.01 to include project demarcation fence and silt fence in accordance with the design procedures in the VT Low Risk Site Handbook for Erosion Prevention and Sediment Control, subject to review and approval of the City Stormwater Superintendent. 2. The current zoning permit for the property required a landscaping surety for the previously approved $60,680 in trees, shrubs and non-bulb perennial vegetation in the amount required by Section 15.A.20. This approval increases the approved value of trees, shrubs and non-bulb perennial vegetation from $60,680 to $91,580 therefore an additional landscaping surety for $30,900 in vegetation, in the amount of $20,450 according to the methodology in 17.15B(1)(b), is required. 3. The applicant shall obtain a zoning permit for the amended plan within six (6) months of this approval. The applicant may apply for one (1) extension to an approval if the application takes place before the approval has expired and if the Administrative Officer determines that conditions are essentially unchanged from the time of the original approval. In granting such an extension, the Administrative Officer may specify a period of time up to one (1) year for the extension. SP-23-040 Findings of Fact and Decision 13 4. Prior to issuance of a zoning permit for use of the commercial space, the applicant must demonstrate either that the proposed use generates fewer than 47 trips or that the total trips generated by the site is fewer than 179. Prior to Issuance of a Certificate of Occupancy 1. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 2. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 3. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 4. All products installed in the qualifying open space must be of high quality materials intended to be used for commercial application, pursuant to Appendix G. 5. Bicycle parking and clothes lockers must be installed in a manner meeting the minimum standards of 13.14. 6. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of any building. 7. 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. 8. All new buildings are subject to the Stretch Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. The applicant must provide the Administrative Officer with a copy of the energy certificate for each building prior to issuance of a Certificate of Occupancy. Operational and Ongoing Conditions 9. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 10. The applicant may apply to amend the courtyard and shall be permitted to disrupt the amended portion, plus a reasonable construction buffer, as part of the zoning permit for Phase 2B. 11. Exterior doors to the sun terrace shall be unlocked during normal business hours, which are defined for the purpose of this decision as 9 AM to 5 PM Monday through Saturday with occasional closures for holidays, and that the sun terrace shall be accessible to the general public without having to request permission. 12. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 13. All on-site lighting must comply with the requirements of 13.07, including the requirement that all light sources be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent streets. 14. Any change to the approved plan will require approval by the Administrative Officer. SP-23-040 Findings of Fact and Decision 14 Signed on this 29 day of December, 2023 by Marla Keene, Administrative Officer PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.