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HomeMy WebLinkAboutSP-24-21 - Decision - 1068 Williston Road - SP-24-21_1068 Williston Rd_CSAP_FBC_site amenities 1 SP-24-21 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHAMPLAIN SCHOOL APARTMENTS PARTNERSHIP — 1068 WILLISTON ROAD SITE PLAN APPLICATION #SP-24-21 FINDINGS OF FACT AND DECISION Champlain School Apartments Partnership, hereinafter referred to as the applicant, is seeking 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 and related site improvements, and 335 feet of a future public street, 1068 Williston Road. The amendment consists of modifying the Site Amenity spaces approved in conjunction with this project, 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 1. The applicant is seeking 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 Site Amenity spaces approved in conjunction with this project, 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 May 3, 2024. 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. 7. 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 sheet C2.01 Proposed Site Plan match those approved in SP-22-031 except where they reflect SP-24-21 Findings of Fact and Decision 2 modifications approved herein; no modification to phasing limits outside of the specific approvals in this decision is permitted. 8. The submitted materials consists of the following plans and supplemental information. Directly superseded materials are excluded. • Form Based Code Site Plan Application • Form Based Code Application Cover Letter 5/2/2024 • Form Based Code Application Checklist, Undated • Abutter and Owner Address Sheet • Zoning Permit Application May 2024 • Project Drawings Sheet Number Sheet Name Latest Revision Date C0.00 Cover Sheet 4/17/2024 C2.01 Proposed Site Plan 4/17/2024 C3.01 Grading and Drainage Plan 4/17/2024 C4.01 Utility Plan 4/17/2024 C6.01 EPSC Plan 4/17/2024 L2.00 Landscape Layout and Materials 4/17/2024 L4.00 Overall Planting Plan 4/17/2024 L4.01 Planting Plan Enlargement 4/17/2024 L4.02 Planting Plan Enlargement 4/17/2024 L4.03 Planting Plan Enlargement 4/17/2024 L4.04 Landscape and Open Space 4/17/2024 L4.05 Open Space (Phase 2A) 4/17/2024 L6.00 Overall Landscape Lighting Plan 4/17/2024 L6.02 Landscape Lighting Plan Enlargement 4/17/2024 L6.03 Landscape Lighting Plan Enlargement 4/17/2024 L6.04 Landscape Lighting Plan Enlargement 4/17/2024 9. 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 May 3, 2023. 10. 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 SP-24-21 Findings of Fact and Decision 3 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. 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. No changes to previous approvals are proposed. Section 8.05 Parking No changes to previous approvals are proposed. SP-24-21 Findings of Fact and Decision 4 Section 8.06 Special Standards No changes to previous approvals are proposed. Section 8.07 Prohibited Materials No changes to previous approvals are proposed. Section 8.08 Open Space Requirements The following is a summary of site amenity requirements, previous approvals, and the current proposal. Required Site Amenities: 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 59,814 sf x 6% = 3,589 sf Phase 3 (New hotel building) total area 83,927 sf x 6% = 5,036 sf Total = 13,952 sf Previously Approved Site Amenities (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 Currently Proposed Reconfigured Site Amenities: Courtyard = 9,130 sf Outdoor Café/Restaurant Seating = 3,639 sf Snippet = 1,860 sf Total = 14,629 sf Phase 2A, consisting of the mixed use building, requires 5,327 sf of site amenities. The applicant has proposed to expand the size of the previously approved courtyard (located between Phase 2A and Phase 2B) to 5,350 square feet, and to remove the 3,000 sf sun terrace as a designated site amenity. The applicant has met the required minimum site amenity area for Phase 2A by providing 5,350 sf of on-site site amenity. In addition to expanding the courtyard by 263 sf, the applicant is proposing to expand the snippet by 750 sf. In making these two changes, the applicant has met the required minimum site amenity for the entire project by providing 14,629 sf of on-site site amenity. As per the previous approval #SP-23-040, 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. 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. SP-24-21 Findings of Fact and Decision 5 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. 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. No changes to previous approvals are proposed. (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. No changes to previous approvals are proposed. (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. SP-24-21 Findings of Fact and Decision 6 B. Relationship of Structure and Site to Adjoining Area The applicant is proposing modification to some of the approved hardscape and landscaping. (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. No changes to previous approvals are proposed. (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. No changes to previous approvals are proposed. D. Transportation Demand Management (TDM) [reserved] E. Building Form. Development within the City Center Form Based Code District, the Urban Design Overlay District, and other districts with supplemental building form standards shall adhere to the standards contained therein. 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. No changes to previous approvals are proposed. SP-24-21 Findings of Fact and Decision 7 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. 13.04 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. SP-24-21 Findings of Fact and Decision 8 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. No changes to previous approvals are proposed. (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 SP-24-21 Findings of Fact and Decision 9 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 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 applicant had previously estimated the building cost of Phase 2A (the mixed use building) to be $18,000,000. The minimum required landscaping budget was calculated to be $187,500. The applicant had proposed $221,335 in plantings, exceeding the minimum budget. The applicant is not proposing to change the landscaping budget as part of this application. The proposed alterations to the Site Amenity configuration will not impact the landscaping budget. Section 13.04 Bicycle Parking The applicant previously received approval to modify the limits of Phase 2A to temporarily locate the 11 required short-term bicycle parking spaces in Phase 2B. The short-term bike parking meeting the minimum requirement must continue to be provided during future construction phases. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP- 24-21 of Champlain School Apartments, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The Administrative Officer concurrently issues Zoning Permit #ZP-24-145. 4. 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. 5. 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. 6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 7. 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. SP-24-21 Findings of Fact and Decision 10 8. Bicycle parking and clothes lockers must be installed in a manner meeting the minimum standards of 13.14. 9. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of any building. 10. 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. 11. 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. 12. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 13. 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. Short term bicycle parking shall remain available during construction of Phase 2B. 14. All approved site amenities must meet public access requirements applicable to their Site Amenity type. 15. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 16. 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. 17. Any change to the approved plan will require approval by the Administrative Officer. Signed on this 20th day of May, 2024 by ___________________________________ Marty Gillies, 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.