Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Minutes - Planning Commission - 01/09/2018
SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 9 JANUARY 2018 The South Burlington Planning Commission held a regular meeting on Tuesday, 9 January 2018, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon, A. Klugo, T. Riehle, D. Macdonald, M. Ostby ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, City Planner; R. Hamlin, S. Chance, S. Dooley, T. McKenzie, G. Beaudoin, K. Braverman 1. Directions on emergency evacuation procedures from conference room: Ms. Louisos provided directions on emergency evacuation procedures. 2. Agenda: Additions, deletions or changes in order of agenda items: Ms. Louisos noted that Item #6b and Item #10 would not be heard at this meeting. 3. Open to the public for items not related to the Agenda: No issues were raised. 4. Planning Commissioner announcements and staff report: Ms. Louisos advised that she is working on the Commission’s Annual Report to the City Council. Mr. Conner: The City Council has approved the Commission’s recommendations on the CCRPC Unified Planning Work Plan. The Council is also in the midst of budget preparation. The Steering Committee will meet on 24 January at which time the City and School Boards will present their budgets to each other. Reminded members of the Joint meeting with the DRB on 30 January. 5. Continued Review and Possible Decision on Request for Boundary Line Determination – Isham Parcel, 1225 Dorset Street: Ms. Louisos stressed that this item does not request a change in the zoning. It is only to determine the existing designation and boundary line of the zoning. She then directed attention to the staff memo based on the discussion at the previous hearing of this request. Mr. Hamlin gave members a handout indicating the evolution of the zoning as 1225 Dorset Street. He noted that the golf course bisects the property; however, the city’s 2004 official map shows the whole parcel as belonging to the golf course. The applicant wants to remove the golf course use where it does not belong. Mr. Hamlin then reviewed successive zoning maps from 1992 through 2016. He noted that in 1992 and 1996, the subject property was zoned as Residential-Open Space with a majority of the property being developable. The 1996 Southeast Quadrant Zoning Map still shows a development area with 2 small restricted areas. Mr. Hamlin pointed out that the 2004 official map is the first time the whole parcel was included in the golf course. He said this was an error. The 2016 zoning map is the first time the property is shown totally under Natural Resource Protection. [Ms. Louisos later corrected that the property was shown as under Natural Resources Protection beginning in the 2006 zoning map]. Ms. Louisos noted that the 2002 Open Space Strategy provided an early concept for the existing zoning. She also cited the depth of the process for rezoning the entire Southeast Quadrant in 2006. She said the Commission now has to determine the current boundary line and whether it follows the property line. Mr. Hamlin stated that they feel the rules to find out what zone the property is in direct people to a map that doesn’t exist (he cited the word “official” which does not appear on any map). Mr. Conner said the City Attorney has indicated that is a non-issue. Ms. Louisos asked if it is appropriate to look at the zoning map to determine the zoning of the parcel. Mr. Conner said there is a paragraph which states that the zoning map is part of the Official City Zoning Map. Mr. Klugo cited a map from 4/12/02 done by T. J. Boyle (open space strategy map) and then the map from February 2004 on which this property is shown as just a “blue square.” He asked how the city got from the 2002 map to the 2004 map and why the use changed. Ms. Louisos said that is not what the Commission is being asked to determine at this meeting. The only issue is the existing zoning. Mr. Klugo said there is no evidence that the 2004 map is not in error. Mr. Gagnon said the Commission is only to provide a definition for the applicant who can then take any action they choose. Mr. Conner said there are two tests that come into play: whether the boundaries follow the lot lines and what is the original intent of designating this subdivision. He said staff concluded that it is not clear there was an error. He also, separately, cautioned against changing the designation of a large piece of property without a full public process. Mr. Hamlin said the 1995 study showed how development would happen on this parcel as a link between the parcels to the north and south. Members then considered appropriate language for a motion after which Mr. Gagnon moved that the Commission determines that the parcel at 1225 Dorset Street is entirely contained in the Southeast Quadrant NRP sub-district and that the map as indicated in the current regulations is the applicable map. Mr. Riehle seconded. Motion passed 6-0. 6. Consideration of initial request for amendment to the Land Development Regulations: a. Request to separate “wholesale club” use from “retail” and to allow “wholesale club” use in the Mixed Industrial‐Commercial district: Ms. Louisos noted the Commission’s policy is to hear a request and then determine if it is something it wants to add to its work plan. She also noted that the Commission dis look at this issue in 2016 and determined the different sizes of retail and where they were appropriate in the City. Mr. Beaudoin reviewed the history of the request, noting that after a DRB decision, they worked on a plan with the Airport, but that plan “fell apart.” He said the problem with Shelburne Road for a wholesale club is that the land is too expensive and there are no parcels large enough. He added that the Planning Commission can consider one thing the DRB cannot consider and that is economics. He said the Town of Colchester gets $1,000,000 a year from Costco. If the store Mr. Beaudoin is proposing is approved, he estimated the City of South Burlington could get at least half that amount plus the added jobs. Mr. Conner showed the area under consideration on the map. He also showed the map indicating the allowable sizes for retail uses in various areas. Mr. Riehle said he would not be comfortable with a “sub‐zone.” Mr. Klugo said this would seem to be something like “spot zoning” as there is nothing of the proposed size in that area. Mr. Conner noted the Commission would have the burden of explaining what had changed since the Commission’s last review of retail uses in this area last year following adoption of the current Comprehensive Plan. Mr. Beaudoin said they are not a retail use. It is a membership only use. He asked when it would be appropriate to discuss this issue. He felt anything more than 6 months, and the client would move on to considering Williston or Essex. Mr. Gagnon felt the likelihood of the Commission getting to it before next year was remote. Mr. Beaudoin asked how much of what the Commission is looking at will bring in $500,000. Mr. Gagnon said there are Shelburne Road and other consideration that will have financial ramifications. Mr. Ostby then moved to defer the request until the Planning Commission reviews its 2018 Work Plan. Mr. Riehle seconded. Motion passed 6-0. 7. Review and Possible Warning of Public Hearing and Approval of Report for the following amendments to the Land Development Regulations: a. Establish housing preservation and replacement standards in certain zoning districts b. Modify the City Center Form Based Code, including building placement standards; buffer strip requirements; prohibited exterior materials and replacement of existing siding; open space and landscaping; accessory structures; and building envelope standards in the T3/T3+T4, and T5 Districts c. Modifications to height standards in the C1-R12, C1-R15 and C1-Auto Districts and removal of minor rooftop apparatus from height requirements in all districts d. Establishment of an Urban Design Overlay District within portions of the C1-R12, C1-R15, and C1-Auto Districts e. Modifications to Bicycle Parking Standards f. Minor technical corrections Mr. Conner noted that with regard to housing replacement other than on the same property include replacing it on another property, building a group home, and contributing $60,000 to a fund. The Affordable Housing Committee recommends changing the last option to 25% of the value of the house and land being removed using the higher of the most recent assessed value or the most recent sales price for the premises. Mr. Conner also noted that the replacement requirement exempts the 39 homes in the current Airport buyout program or homes next to the Airport that have not taken advantage of the buyout program (Mr. Conner showed a list of these homes). Ms. Dooley questioned a semantic change regarding inclusionary zoning. Mr. Conner said it is the language recommended by legal counsel. Members were OK with the language as presented. Ms. Ostby asked if members would be OK with adding language to the “carriage house” wording to require some affordable housing. Mr. Klugo was reluctant to change language at this point. He suggested waiting to see what the public has to say, then discuss changes. Ms. Dooley said she would like the Affordable Housing Committee to have input in the public hearing process. With regard to heights, Mr. Conner noted that the current language gives the DRB the right to waive height limits, which include things like chimneys, elevator mechanical areas, etc. Staff felt just to exclude these items from being considered part of a building’s height would be would be better. Larger things still fall to the DRB. Ms. LaRose noted staff is still waiting for graphics which will be fitted in. She also noted changes in bicycle parking to address concerns raised. Language has made it clearer and easier for developers to install. There will be graphics for this as well. Mr. Gagnon moved to accept the Report as written and warn a public hearing on the draft amendments to the Land Development Regulations as presented and modified this evening for 13 February 2018 at 7:00 p.m. Mr. MacDonald seconded. Motion passed 6-0. 8. Consent to Administrative Amendment to Act 250 Land Use Permit 4C0503 – City Center: Ms. Louisos noted this has been reviewed by staff, legal counsel and the City Council. It streamlines development in City Center. Mr. Riehle moved to approve the Administrative Amendment to Act 250 Land Use Permit 4C0503 as presented. Ms. Ostby seconded. Motion passed 6-0. 9. Preparation for Joint Meeting with Development Review Board: Both Mr. Riehle and Mr. Gagnon said they would like to hear any issues that the DRB has with the Commission including any update on the footprint lot issues. Ms. Louisos recommended the Commission have an update on the footprint lots at their January 23rd meeting instead. Members agreed. Members also agreed to share the Commission’s work plan with the DRB and to give the DRB members an update on the Commission’s work as context for the DRB as they consider applications. Staff will reach out to the DRB to gather recommended items from DRB members. 10. Other Business Mr. Conner noted there will be a regular meeting on 23 January and then the joint meeting on 30 January. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:30 p.m. Minutes approved by the Planning Commission on January 23, 2018 Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: PC Staff Memo DATE: January 9, 2018 Planning Commission meeting 1. Directions on emergency evacuation procedures from conference room (7:00 pm) 2. Agenda: Additions, deletions or changes in order of agenda items (7:01 pm) 3. Open to the public for items not related to the agenda (7:02 pm) 4. Planning Commissioner announcements and staff report (7:10 pm) 5. Continued review and possible decision on Request for Boundary Line determination – Isham parcel, 1225 Dorset Street (7:20 pm) See enclosed staff memo, maps, and draft decision. 6. Consideration of initial requests for amendments to the Land Development Regulations: Requests in the Mixed Industrial-Commercial District, Gene Beaudoin, Saxon Partners: a. Request to separate “Wholesale Club” use from “Retail” and to allow Wholesale Club in the Mixed Industrial-Commercial District (7:35 pm) b. Request to allow multi-family dwelling units in the Mixed Industrial-Commercial District, within 500’ of zoning districts that allow multi-family dwellings (7:55) See the enclosed request, staff memo, and accompanying information. These two items are addressed together. 7. Review and possible warning of public hearing and approval of Report for the following amendments to the Land Development Regulations: (8:05 pm) Enclosed with your packet are the proposed amendments for each of the above items. The Commission has previously reviewed each of the amendments. Also enclosed is a draft Planning Commission report on the proposed amendments for your consideration. If the Commission is ready to warn a public hearing on these amendments, it may take action to (1) approve the proposed amendments for a public hearing (recommend Tuesday, Feb 13, 7 pm) and (2) approve the accompanying Planning Commission report. A few staff notes on the amendments are below: a. Establish housing preservation and replacement standards in certain zoning districts Staff, the City’s legal counsel, and leadership of the Affordable Housing Committee went through the prior draft that had been presented to the Commission. A few changes were made to make the language more robust and consistent with the intent of the Comprehensive Plan and national practice. These changes include: • Minor text edits to the purpose stamen to reference “health, safety and welfae of the community” • Providing 2 years in lieu of 1 to replace a housing on its own lot • Replacing the proposed $60,000 contribution to the affordable housing trust fund option with one that represents 25% of the fee-appraised value of the dwelling unit being removed • Expanding options for a replacement dwelling unit to include one that serves as a Group Home in addition to the option for it to be an affordable dwelling unit • Expanding options for a replacement unit to be either affordable, or be priced at or below the fair market value of the dwelling unit that was removed • Modifying the minimum term for affordability, if that option is selected, to be 20 years in lieu of 10 b. Modify the City Center Form Based Code, including building placement standards; buffer strip requirements; prohibited exterior materials and replacement of existing siding; open space and landscaping; accessory structures; and building envelope standards in the T3/T3+, T4, and T5 Districts The amendments enclosed are presented as discussed by the Planning Commission. Illustrations to accompany the T3 small lot options are under development. c. Modifications to height standards in the C1-R12, C1-R15, and C1-Auto Districts The amendments enclosed are presented as discussed by the Planning Commission. The enclosed draft also shows slight modifications to the regulations pertaining to rooftop apparatus in all districts, to be included in the definitions section, and found in the complete set under this section pertaining to modifications to height standards. d. Establishment of an Urban Design Overlay District within portions of the C1-R12, C1-R15, and C1- Auto Districts The amendments enclosed are presented as discussed by the Planning Commission. Illustrations to accompany the goals pertaining to entrances and corner features are under development. e. Modifications to Bicycle Parking standards The amendments enclosed are presented as discussed by the Planning Commission. Illustrations to accompany bicycle parking scenarios are under development but will likely be illustrative guides used internally in meetings with applicants rather than included in the Land Development Regulations. f. Minor technical corrections These consistent of a couple of minor clarifications in the Inclusionary Zoning language and don’t have any material affect on the regulations. 8. Consent to Administrative Amendment to Act 250 Land Use Permit 4C0503 – City Center (8:40 pm) This item is a parallel request to one that was approved this past week by the City Council. The request is to have the Planning Commission release its statutory interest in a change to the Act 250 jurisdiction of the land along Market Street. The land, owned by South Burlington Realty, has been subject to Act 250 since its first subdivision in the early 1980s. With the passage of new state legislation allowing Priority Housing Projects to be exempt from Act 250 in designated locations, applicants are now allowed to modify prior Act 250 jurisdiction for future development. In this case, the proposal before Act 250 is to significantly reduce the jurisdiction of the Act 250 development conditions that applied to the entire South Burlington Realty land down to just the one parcel that was built upon, at 5 Market Street. The Planning Commission is requested to release its statutory interest. Staff and the City Attorney have reviewed the case closely with the applicant and recommend approval. 9. Preparation for joint meeting with Development Review Board (8:45 pm) 10. Meeting Minutes (8:55 pm) 11. Other business (8:58 pm) a. Upcoming meetings 12. Adjourn (9:00 pm) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Interpretation of Zoning District Boundaries for 1225 Dorset Street DATE: December 12, 2017 Planning Commission meeting At the last Planning Commission meeting (November 14th), the Planning Commission considered a request for a zoning boundary line interpretation at 1225 Dorset Street. See the memo in that meeting’s packet for the initial staff analysis. At the conclusion of the meeting, staff was asked to follow up on two aspects of the request. These, and the responses, are below: 1. Determine the format of the decision to be issued by the Planning Commission The Planning Commission is recommended to have this decision be issued in writing, with findings & conclusions, and a formal vote of the Commission. Staff will prepare an outline of this for the Commission to modify and take action on at this or a subsequent meeting. 2. Perform a short analysis of the history of planning / mapping for this property Staff was asked to look into our files to help determine how this property came to be wholly contained within the SEQ-Natural Resources Protection District. In the past week we took a look at our files relative to this property and general Southeast Quadrant planning. As you know, there is a LONG history of planning in this part of the City. While we can provide the Commission with any and all reports & documents from over the years, we’ve tried to pick out some key pages of documents that illustrate what the Commission was looking for. First, a brief history of planning in the SEQ: Prior to 1990, the entire SEQ was one zoning district. Properties under 50 acres in size could be developed at a density of one unit per 10 acres, and parcels over 50 acres in size could be developed at a density of two units per acre. Following significant planning efforts & studies in the late 1980s, a new plan & zoning system was established. Density was limited to 1.2 dwelling units per acre, and these could be moved from mapped “restricted” to “development” areas. Limited development was allowed in restricted areas. In the mid 2000s, a second round of extensive studies were completed, which led to the current plan & zoning, which has “sending” districts (Natural Resource Protection, principally) and “receiving” areas (including the Neighborhood Residential Village Residential, and Village Commercial). Enclosed maps We have enclosed several maps for the Commission’s consideration: 1. South Burlington Planning Study: Public Improvements and Scenic View / Natural Areas Protection Study, 1989: a. Development Based Plan b. Draft Official Map 2. South Burlington Comprehensive Plan, 2001 a. Southeast Quadrant Goals-Based Plan map 3. South Burlington Zoning Regulations, Effective August 28, 2001 a. Southeast Quadrant Official Zoning Map 4. South Burlington Open Space strategy, 2002 a. Map of woodland and forest cover areas 5. South Burlington Official Map, 2004 6. Southeast Quadrant rezoning concept, circa 2005 7. South Burlington Land Development Regulations, Effective April 24, 2006 a. Southeast Quadrant Zoning Map 8. South Burlington Comprehensive Plan, 2016: a. Current Land Use b. Future Land Use 9. South Burlington Land Development Regulations, Effective July 11, 2017 a. Zoning Map, Effective April 11, 2016 3. Next steps Based on the Commission’s prior discussion, staff has prepared a draft decision for the Commission’s consideration. The Commission can make modifications to this draft decision it wishes. Following conclusion of the meeting on this subject, the Commission will have 30 days in which to issue the decision. If the Commission is prepared, it can choose to take action at this meeting. BURLINGTON BURLINGTONESSEX JUNCTION Shelburne Bay COLCHESTER WINOOSKI SHELBURNE E S S E X WILLISTONSHELBURNE RDDORSETSTS WIFT ST WILLISTON RD SPEARSTHIN ESB UR G R D89 189 Map 1 Current Land Use Comprehensive Plan City of South Burlington, VT February 1, 2016 Document Path: P:\Planning&Zoning\Planning\ComprehensivePlanMaps\ComprehensivePlan_2015\Map1_CurrrentLandUse.mxd 0 0.5 10.25 Miles Maps and GPS data (“material”) made available by the City of South Burlington are for reference purposes only. The City does not guarantee accuracy. Users release the City from all liability related to the material and its use. The City shall not be liable for any direct, indirect, incidental, consequential, or other damages. Contact GIS@sburl.com with questions Land Use Commercial/Industrial Condos/Apartments Low Density Residential Public/Institutional Transportation/Utilities Agricultural Use Active Agricultural Small Scale Agriculture Farmers Market Community Garden Open Space/Farmland/Very Low Density Residential COLCHESTER WINOOSKI SHELBURNE E S S E X WILLISTONBURLINGTON BURLINGTONESSEX JUNCTION Shelburne Bay SHELBURNE RDDORSETSTS WIFT ST WILLISTON RD SPEARSTHIN ES B U R G R D 89 189 Map 11 Future Land Use Comprehensive Plan City of South Burlington, VT February 1, 2016 0 0.5 10.25 Miles Future Use of Land Categories Planning Underway Very Low Intensity - Principally Open Space Lower Intensity - Principally Residential Medium Intensity - Residential to Mixed-Use Medium to Higher Intensity - Principally Non-Residential Medium to Higher Intensity - Mixed Use Streams Waterbody Document Path: P:\Planning&Zoning\Planning\ComprehensivePlanMaps\ComprehensivePlan_2015\Map11_FutureLandUse.mxd Maps and GPS data (“material”) made available by the City of South Burlington are for reference purposes only. The City does not guarantee accuracy. Users release the City from all liability related to the material and its use. The City shall not be liable for any direct, indirect, incidental, consequential, or other damages. Contact GIS@sburl.com with questions §¨¦89 §¨¦189 §¨¦89 R1-PRDR1-PRD R1-L R1 - L V South Burlington, Vermont ¹ 0 2,000 4,0001,000 Feet Data Disclaimer: Maps and GPS data (“material”) made available by the City of South Burlington are for reference purposes only. The City does not guarantee accuracy. Users release the City from all liability related to the material and its use. The City shall not be liable for any direct, indirect, incidental, consequential, or other damages. Contact GIS@sburl.com with questions Note: Parcel line data is provided for informational purposes only. The City reserves the right to update the Official Zoning Map with new parcel data as it becomes available. Transect Zone 1 Disclaimer: The T1 Transect Zone depicts stream buffer, wetland, and wetland buffer areas on the Official Zoning Map. Stream buffer, wetland, and wetland buffer areas are shown for illustrative purposes only. Depicted stream buffer, wetland, and wetland buffer boundaries are approximate. The diagram should not be construed as showing all stream buffers, wetland, and wetland buffer areas, nor the precise locations of such stream buffers, wetland, or wetland buffer areas. Stream buffer, wetland, and wetland buffer delineation for permitting purposes must be determined in accordance with Article 10 and 12 of the South Burlington Land Development Regulations, as applicable. Effective April 11, 2016 Zoning Map P:\Planning&Zoning\Zoning\ZoningMap\2016\ZoningMap_Effective_2016_04_11.mxd Zoning Districts Residential Districts Residential 1 Residential 1 - Residential 2 Residential 4 Residential 7 Res 7-Neighborhood Commercial Residential 12 Lakeshore Neighborhood Queen City Park Form Based Code Districts Transect Zone 1 Transect Zone 3 Transect Zone 3 Plus Transect Zone 4 Transect Zone 5 Municipal & Institutional Municipal Park & Recreation Interstate Highway Overlay Institutional & Agricultural-North Institutional & Agricultural-South Southeast Quadrant Subdistricts Natural Resource Protection Neighborhood Residential North Neighborhood Residential Neighborhood Residential Transition Village Commercial Village Residential Commercial Districts Commercial 1 - Residential 12 Commercial 1 - Limited Retail Commercial 1 - Residential 15 Commercial 1 - Airport j j jjjjjjj Commercial 1 - Automobile Commercial 2 Swift Street Allen Road Industrial and Airport Districts Mixed Industrial & Commerical o o o o o oAirport Airport Industrial ((((( ((((( (((((Industrial & Open Space Districts Districts Districts City of South Burlington Southeast Quadrant Rezoning Concept Major Roads 0'250'500'1000'1500' Future Roads S w i f tS w i f t S t r e e t D o r s e t S t r e e tH i n e s b u r g R o a d M u d d yB r o o kW i l l i s t o n S h e l b u r n e I n t e r s t a t e 8 9 N o w l a n d F a r m R o a d C h e e s e F a c t o r y R o a d V a n S i c k l e n R dS p e a r S t r e e t S t r e e t E x t e n s i o n City Woods The Western Reserve R4 54.22 ac R4 36.95 ac R4 65.30 ac R4 69.00 ac R4 112.0 ac R4 67.50 ac R4 25.10 ac R4 65.37 ac R4 41.48 ac R4 11.54 ac R4 140.71 ac R4 39.88 ac R4 44.70 ac R4 15.45 ac R4 5.15 ac R7 50.12 ac R7 2.3 ac R4 28.94 ac R4 75.67 ac R4 86.50 ac VC-R 160.40 ac R-7 33.70 ac R-7 26.35 ac VC-R 32.0 ac Park 26.69 ac Park 17.00 ac 6.33 ac 1.23 ac VC 17.22 ac R4 136.57 ac R4 37.75 ac R4 49.44 ac 448.16 ac The Central Reserve 700.0 ac The Eastern Reserve 446.30 ac R4 11.84 ac 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF SOUTH BURLINGTON—1225 DORSET STREET REQUEST FOR ZONING BOUNDARY DETERMINATION #PC-17-01 FINDINGS OF FACT AND DECISION Zoning Boundary Determination Request #PC-17-01 of Richard Hamlin, P.E. on behalf of the Ila M. Isham Estate, 1225 Dorset Street. The Planning Commission held a public meeting on November 14, November 28, and December 12, 2017. Based on the materials contained in the document file further identified below, the Planning Commission finds and determines the following: BACKGROUND 1. The Requestor, Richard Hamlin, P.E., on behalf of the Ila M. Isham Estate, seeks a zoning boundary determination for the parcel at 1225 Dorset Street. 2. The owner of record of the subject property is the Ila M. Isham Estate. 3. The request was received on September 26, 2017. 4. The request consists of a one-page letter signed by Mr. Hamlin, dated September 26, 2017. 5. The Land Development Regulations in effect on the date of the submittal of this request were adopted effective July 11, 2017. DETERMINATION Applicable Zoning Map As a preliminary matter at their initial presentation, the Requestor indicated to the Planning Commission that they believe uncertainty exists in the applicability of the zoning map referenced in Section 9.04D. They indicate that the Land Development Regulations do not include a “Southeast Quadrant Zoning Map.” The Land Development Regulations include the following description of maps: 3.02 Official Maps and Other Maps A. Official Zoning Map. The Official Zoning Map describes the different and separate districts of the City of South Burlington set forth in Section 3.01. The Official Zoning Map is filed in the office of the City Clerk and is incorporated herein by reference. B. Overlay Districts Map. The Overlay Districts Map describes the different and separate overlay districts of the City of South Burlington set forth in Section 3.01. The Overlay Districts Map is filed in the office of the City Clerk and is incorporated herein by reference. 2 C. Southeast Quadrant Official Zoning Map. The Southeast Quadrant Official Zoning Map describes the sub-districts pertaining to the Southeast Quadrant District as set forth in Article 9 of these Regulations and is incorporated into the Official Zoning Map. In its review, the Planning Commission also examined prior versions of the Land Development Regulations. In prior versions, the Southeast Quadrant Zoning Map was published as a separate map to the Official Zoning Map. In the amendments effective February 8, 2011, the two maps were combined into a single map. No modifications of any kind related to the zoning boundaries applicable to 1225 Dorset Street were effectuated at the time of the combining of these two maps. Further, the Official Southeast Quadrant Zoning Map, as described above, contains all of the subdistricts applicable in the Southeast Quadrant. Based on this information, the Commission finds that the subject property’s zoning is depicted on the Official Zoning Map and is the appropriate map for its review of this request. Any differences in wording of the titles is immaterial. Applicable Standards of the Land Development Regulations The Requestor seeks a determination of the zoning districts applicable to the subject property. Two sections of the Land Development Regulations outline the Planning Commission’s authority and standards in making such a determination: 9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map D. Interpretation of Sub-District Boundaries. In any location where uncertainty exists regarding the exact boundaries of a sub-district as shown on the Southeast Quadrant Zoning Map, the affected property owner may submit a written request that the Planning Commission define the location of the boundary with respect to the subject property. The Planning Commission shall consider such request at a meeting of the Planning Commission held within 60 days of receipt of the written request. At the meeting, the Planning Commission shall provide an opportunity for persons, including municipal staff, officials, and consultants, to present information relevant to the determination of the boundary location. The Planning Commission has the authority to invoke technical review of any such submittals or to gain additional information. Within 30 days following such meeting, or any continuation thereof, the Planning Commission shall determine the boundary location, giving consideration to the original intent or purpose in designating such sub-district, as expressed in the Southeast Quadrant chapter of the Comprehensive Plan. 3.03 District Boundaries A. Interpretation of District Boundaries (1) Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the Planning Commission shall determine the location, aided by the rules set forth in this section. Requests for interpretation of district boundaries of or within the Southeast Quadrant shall be subject to the provisions of Section 9.04(D) of these Regulations. 3 (2) Boundaries indicated as approximately following the center lines of streets or highways shall be construed to follow such center lines. (3) Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines. (4) Boundaries indicated as following railroad lines shall be construed to follow the center line of the railroad right-of-way. (5) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line such boundaries shall be construed as moving with the actual shore line. (6) Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines. (7) Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 4 above shall be so construed. Distances not specifically indicated on the Official Zoning Map or described under each zone shall be determined by the scale of the map. B. Interpretation by Planning Commission. Where physical or cultural features existing on the ground are inconsistent with those shown on the Official Zoning Map, or in other circumstances not covered by subsections 1 through 7 above, the Planning Commission shall interpret the district boundaries. In reviewing this request, the Planning Commission considered the Requestor’s letter, oral input by the Requestor, Staff oral and written input, and several maps of the area, discussed below. Pursuant to Section 9.04(D) the Commission reviewed a series of maps prepared over the course of the last 27 years in examining the original intent or purpose of designating the property as being contained within the Southeast Quadrant Natural Resources Protection subdistrict. Maps examined include the following: • South Burlington Planning Study: Public Improvements and Scenic View / Natural Areas Protection Study, 1989: o Development Based Plan o Draft Official Map • South Burlington Comprehensive Plan, 2001 o Southeast Quadrant Goals-Based Plan map • South Burlington Zoning Regulations, Effective August 28, 2001 o Southeast Quadrant Official Zoning Map • South Burlington Open Space strategy, 2002 o Map of woodland and forest cover areas • South Burlington Official Map, 2004 • Southeast Quadrant rezoning concept, circa 2005 • South Burlington Land Development Regulations, Effective April 24, 2006 o Southeast Quadrant Zoning Map • South Burlington Comprehensive Plan, 2016: o Current Land Use o Future Land Use 4 • South Burlington Land Development Regulations, Effective July 11, 2017 o Zoning Map, Effective April 11, 2016 These maps show a variety of different natural resources, planning concepts, and regulations affecting the parcel over the course of 27 years. Examining these as a whole, the Commission finds that there is no clear evidence that the current designation was made erroneously in the drafting of these present regulations or that the intent of this district is counter to the intent or purpose of these plans, concepts, and regulations. The Commission, therefore, looks to Section 3.03 of the Land Development Regulations to determine the present boundary. Pursuant to Section 3.03(A)(3), Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines. Based on the above standard, the Commission finds that where the zoning boundary lines appear to follow the property lines, they are to be construed as such. The Commission further finds no physical or cultural features existing on the ground that are inconsistent with those shown on the Zoning Map and that no other circumstances not covered in subsections 1-7 above are present. The Commission determines, therefore, that the subject property is entirely located in the Southeast Quadrant Natural Resources Protection subdistrict. SO DETERMINED Motion by ____________, seconded by ___________, to Determine that the parcel at 1225 Dorset Street is entirely contained within the Southeast Quadrant Natural Resources Protection sub-district: Jessica Louisos Yea Nay Abstain Not Present Michael Mittag Yea Nay Abstain Not Present Bernie Gagnon Yea Nay Abstain Not present Monica Ostby Yea Nay Abstain Not Present Duncan Macdonald Yea Nay Abstain Not Present Ted Riehle Yea Nay Abstain Not Present Art Klugo Yea Nay Abstain Not Present Motion ________ by a vote of – – . Signed this ____ day of __________________ 2017, by _____________________________________ Jessica Louisos, Chair Request to Amend the Land Development Regulations Wholesale Clubs Expansion to Mixed-IC District Transitional Multi-Family Expansion to Mixed-IC District Saxon Partners, LLC We understand the Planning Commission has recently considered modifications to the Land Development Regulations (“LDRs”) including proposals to add uses to existing zoning districts. We request that the Commission consider two additional proposals to add uses to existing zoning districts, as described in greater detail below. These modifications would further two long- standing objectives of the Planning Commission: economic development and affordable housing. The first proposed change is an amendment to the LDRs to facilitate locating a wholesale club in the Mixed-IC District. The City of South Burlington recently amended the LDRs to allow wholesale clubs in certain portions of the City. We believe that the Mixed-IC District is the most appropriate location for wholesale clubs for a number of reasons including: •Nearly half the sales volume of a wholesale club comes from the business community, so locating the wholesale club amongst businesses is beneficial to both the club and to local businesses; •South Burlington's Mixed-IC District is in the center of Chittenden County and offers tremendous access to major highway arterials, which benefits both the club and its customers; and •This district, unlike the districts in which wholesale clubs are currently permitted, has land pricing that works for this type of use. In addition, wholesale club operations provide several benefits to their host communities including: •more than 100 FTE jobs; •lower food and gas prices in the City to benefit local businesses and households; •significant real estate taxes; and •the additional tax benefit from South Burlington’s adoption of the "1% Local Share Sales Tax ", enabling it to receive an annual check from State (although the State does not split out the exact amount of the tax by business, Colchester reportedly receives about a million dollars a year from the 1% Local Share Sales Tax on Costco's sales.) This proposal is consistent with the City of South Burlington 2016 Comprehensive Plan (the “Comprehensive Plan”), in the following ways: •Vision & Goals – Goal of “prioritiz[ing] development that occurs within the community into the higher intensity areas identified within this Plan.” Page 1-1. •Vision & Goals – Goal of “[s]upport[ing] a diverse and vibrant economy built on quality jobs, employment centers...” Page 1-1. •Economic Objective – “Continue to be an economic hub for the region consistent with the land use goals of the City.” Page 2-22. We have also proposed another change to the Mixed-IC District that we believe could be beneficial to the City. When the executives from BJs toured the area, they noted very little employee housing options in the Mixed-IC District, which runs counter to the increasing recognition of the benefits of housing being located near jobs. As a result, we are also suggesting a change to the Mixed-IC District to allow for some multi-family housing within the Mixed-IC District, with such housing limited to locations near existing residential areas so as to provide a transitional zone. (That might also take some pressure off the Southeast Quadrant as it is hoped City Center will do over its long build-out.) This proposal is consistent with the City of South Burlington 2016 Comprehensive Plan (the “Comprehensive Plan”), in the following ways: •Vision & Goals – Goal of “housing for people of all incomes, lifestyles, and stages of life. Page 1-1. •Techniques to Promote Affordability- “Location of affordable, elderly, and/or higher-density housing near schools, parks, shopping centers, employment centers, daycare facilities, transportation corridors, emergency services, and public transportation.” Page 2-15 (emphasis added). •Housing Objective – “Foster the creation and retention of a housing stock that is balanced in size and target income level, is representative of the needs of households of central Chittenden County, and maintains an efficient use of land for use by future generations.” Page 2-16. •The Housing Strategies as described on Page 2-16: o “Implement a variety of tools and programs to foster innovative approaches to preserving and increasing the City’s supply of affordable and moderate income housing. Potential tools should be explored and could include form- based codes that would allow a variety of residential and mixed use building types, transferable development rights, neighborhood preservation overlay districts, household definition regulations, inclusionary zoning, bonuses and incentives, waivers and expedited review processes, and/or a housing retention ordinance.” o “Increase the supply of safe and affordable rental housing by allowing higher- density, mixed use and mixed-income development within City Center and transit corridors, allowing multi-unit housing within transitional zones between residential neighborhoods and commercial/ industrial land uses.” Therefore, we respectfully request that the Planning Commission review the proposed amendments for possible inclusion in the warning for the next public hearing on amendments to the LDRs. We have attached the proposed language (with additions/deletions to the existing LDR text in red) and hope that you will not hesitate to contact us if we can be of any assistance. Modification to Section 6.01 6.01 MIXED INDUSTRIAL-COMMERCIAL DISTRICT IC A. Purpose. The Mixed Industrial- Commercial District is formed to encourage general industrial and commercial activity in areas of the City served by major arterial roadways and with ready access to Burlington International Airport. The Mixed Industrial-Commercial district encourages development of a wide range of commercial, industrial and office uses that will generate employment and trade in keeping with the City’s economic development policies. These uses are encouraged in locations that are compatible with industrial activity and its associated land use impacts. Except for Wholesale Clubs, major commercial uses, such as supermarkets and shopping centers shall not be permitted. Any uses not expressly permitted are prohibited, except those that are allowed as conditional uses. Modifications to Section 2.02 - Definitions Wholesale Club. An establishment, also known as a “warehouse club”, primarily engaged in the bulk retail sale of a general line of new merchandise, such as apparel, furniture, groceries and appliances, for personal or household consumption or for business use. The patronage of a wholesale club is typically restricted by a membership requirement. A Wholesale Club may include a fueling facility for customers. Retail sales. An establishment engaged in selling goods, groceries, or merchandise to the general public at retail or wholesale for personal or household consumption or for business use and rendering services incidental to the sale of such goods. Typically such an establishment (A) is a place of business and is engaged in activity to attract the general public to buy, (B) buys and receives as well as sells merchandise, (C) may process or manufacture some of the products for sale, such as a jeweler or baker, but such production or manufacture is incidental and subordinate to the selling activities, and (D) sells to customers for their own personal, household, or business use. Such an establishment may have a short order restaurant as an accessory use with the following limitations on the short order restaurant: 1) it must be located entirely within the principal structure and with no dedicated exterior entrance of its own; 2) it is limited to 3,000 square feet 3) it is limited to sixteen (16) or fewer indoor seats; 4) Additional seasonal outdoor seating may be permitted in conjunction with this accessory short order restaurant. A Wholesale Club is not considered to be Retail Sales in these Regulations. ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-4 Use (continued) Parking Space Requirement Notes Hotels 1 per room, plus 0.33 per maximum occupancy in meeting and banquet rooms Hotels, extended stay 1 per room plus 1 per employee Indoor theater 0.33 per seat Commercial kennel, animal shelter, veterinary hospital or pet day care 1 per employee plus 0.5 per 1,000 SF GFA Lumber and contractor’s yard 1 per employee plus 0.5 per 1,000 SF GFA Mobile home, RV, and boat sales, repair & service 2 per 1,000 SF GFA 2 Office, general 3.5 per 1,000 SF GFA Office, medical 5 per 1,000 SF Personal or business service, principal use 2 per treatment station, but not less than 4 per 1,000 SF GFA Pet grooming 4 per 1,000 SF GFA Printing & binding production facilities 2 per 1,000 SF GFA Photocopy & printing shops, with accessory retail 2 per 1,000 SF GFA, plus 5 per 1,000 SF GFA of retail area Radio & television studio 2 per employee Research facility or laboratory 3 per 1,000 SF GFA Restaurant, standard 18 per 1,000 SF GLA Restaurant, short order 12 per 1,000 SF GLA Retail sales 5 per 1,000 SF GFA Retail sales up to 3,000 SF GFA 4 per 1,000 SF GFA Retail warehouse outlet 5 per 1,000 SF GFA Sale, rental & repair of aircraft & related parts 2 per 1,000 SF GFA Seasonal mobile food unit 8 per employee Service station with convenience store 10 per 1,000 SF GLA 2 Shopping center 5 per 1,000 SF GLA if GLA is 400,000 SF or less 5.5 per 1,000 SF GLA if more than 400,000 SF Taverns, night clubs & private clubs 0.5 per maximum authorized occupancy Motor freight terminal 1 per employee 2 Commercial or public parking facility 1 per employee 2 Warehousing, processing, storage & distribution 0.5 per 1,000 SF GFA Distribution and related storage, as a minority of floor area accessory to another principal permitted or conditional use 0.5 per 1,000 SF GFA for the distribution and storage portion of GFA Wholesale establishments 0.5 per 1,000 SF GFA plus any requirements for office or sales area Wholesale clubs 3.5 per 1,000 SF GFA APPENDIX C USES and DIMENSIONAL STANDARDS C-Non-Residential 1 South Burlington Land Development Regulations City Center FBC District NON-RESIDENTIAL ZONING DISTRICTS C1 R12 C1 R15 C1- AUTO C1-AIR C1-LR AR SW IO C2 IC AIR AIR-IND Residential Uses Single-family dwelling PUD P P P Two-family dwelling PUD P P Multi-family dwelling PUD PUD PUD PUD PUD PUD PUD Accessory residential units Group home or Residential Care Home PUD P P P Agricultural Uses Public & Quasi-Public Uses Cemeteries Community center P P PUD P Congregate care, assisted living, or continuum of care facility C C C C C Cultural facility Educational facility PUD PUD C C C Educational support facilities PUD(5)PUD(5) Food Hub P(7)P(6)P(6)P(6)P(6)P(6)P(6)P(7)P(7)P(7) Funeral homes, mortuaries, and crematoriums C C C C C C C C C C Hospice P P P P P P Municipal facility P P P C C Parks Personal instruction facility P P P P P P P P P P P Place of worship P P P P P P P P P-ACC Recreation paths Skilled nursing facility C C C C C C Social services C C C C C C C Commercial & Industrial Uses Adult use AirportCommercial 1 Other Commercial Heavy Commercial- Industrial Exempt from local regulation in all districts Permitted in all districts Please see Section 3.10 for regulations Permitted in all districts Conditional in all districts Page 317 of 331 P(13) Add "P(13)" APPENDIX C USES and DIMENSIONAL STANDARDS C-Non-Residential 4 South Burlington Land Development Regulations City Center FBC District NON-RESIDENTIAL ZONING DISTRICTS C1 R12 C1 R15 C1- AUTO C1-AIR C1-LR AR SW IO C2 IC AIR AIR-IND AirportCommercial 1 Other Commercial Heavy Commercial- Industrial Self-storage P ACC, P- Non-TO Service station C C Shopping center C C Taverns, night clubs & private clubs P P P P P P P P Transportation services P P Warehousing & distribution C C P P Wholesale establishments C C P P P Key and Notes to the Table above: P = Permitted C = Conditional Use Non-TO = Allowable only outside of the Transit Overlay District (1) "N" refers to the Institutional-Agricultural North sub-district. (2) R7 and SEQ-VC as classified as non-residential zoning districts, but are included in this table for purposes of efficiency (3) No minimum lot size for bed & breakfast in the SEQ-VC district (5) Educational support facilities in C1 are subject to the dimensional standards of the IA-North District. See Article 7. ACC = Allowable as an accessory use TO = Allowable only in the Transit Overlay District (12) Allowable only as a municipally-operated facility. (11) Use is allowed only as an Educational Support Facility. See Section 7.01(E) (7) Use is limited to 5,000 SF GFA per tenant with a maximum 15,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (8) Use is limited to 15,000 SF GFA per tenant with a maximum 25,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (9) Use is limited to 30,000 SF GFA per tenant with a maximum 30,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (6) Use is limited to 3,000 SF GFA per tenant with a maximum 9,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (10) Use is restricted to not-for-profit organization whose primary purpose is the provision of educational or research services related to agriculture, horticulture, forestry, natural resource preservation, arts or recreation (4) Permitted within a structure existing and approved for use as an 'educational facility' as of July 1, 2013. The structure existings as of July 1, 2013, may be expanded, PUD = Allowable within a Planned Unit Development Page 320 of 331 Wholesale Club P P P (13) For transitional purposes, Multi-family dwellings are permitted in the Mixed-IC District within 500 feet of the boundaries of zoning districts in which Multi-familydwelling is an allowable use. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Initial Zoning Amendment Request to allow “Wholesale club” expansion to Mixed IC District and Transitional Multi-Family Housing to Mixed IC District DATE: December 12, 2017 Planning Commission meeting Enclosed with your packet is a request from Saxon Partners for the Commission to consider allowing the following: 1. Wholesale Club and associated fueling facilities uses within the Mixed Industrial-Commercial District; and, 2. Allow multi-family dwellings as a permitted use within 500 feet of the boundaries of zoning districts in which multi-family dwelling is an allowable use. For ease of presentation in this memo, the two proposals are discussed separately, below 1. Wholesale Club and associated fueling in the Mixed I-C District Current regulations The term “Wholesale Club” is referenced in two definitions within the City’s LDRs: Wholesale Club. An establishment, also known as a “warehouse club”, primarily engaged in the bulk retail sale of a general line of new merchandise, such as apparel, furniture, groceries and appliances, for personal or household consumption or for business use. The patronage of a wholesale club is typically restricted by a membership requirement. Retail sales. An establishment engaged in selling goods, groceries, or merchandise to the general public at retail or wholesale for personal or household consumption or for business use and rendering services incidental to the sale of such goods. Typically such an establishment (A) is a place of business and is engaged in activity to attract the general public to buy, (B) buys and receives as well as sells merchandise, (C) may process or manufacture some of the products for sale, such as a jeweler or baker, but such production or manufacture is incidental and subordinate to the selling activities, and (D) sells to customers for their own personal, household, or business use. Such an establishment may have a short order restaurant as an accessory use with the following limitations on the short order restaurant: 1) it must be located entirely within the principal structure and with no dedicated exterior entrance of its own; 2) it is limited to 3,000 2 square feet 3) it is limited to sixteen (16) or fewer indoor seats; 4) Additional seasonal outdoor seating may be permitted in conjunction with this accessory short order restaurant. A Wholesale Club is considered to be Retail Sales in these Regulations. Retail is permitted in various zoning districts throughout the City and is differentiated by size of retail establishment allowable in these districts. The enclosed “Zoning Map- Size Zones” map dated April 26, 2016 depicts these areas. Pursuant to Appendix C of the current Land Development Regulations (Table of Uses), Retail is a permitted use in the Mixed Industrial & Commercial District, subject to the following limitation: (8) Use is limited to 15,000 SF GFA per tenant with a maximum 30,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. History The current definitions for Retail and for Wholesale Club and Table of Uses amendment related to Retail use were adopted by the City Council on June 6, 2016, and were fully in effect on June 27, 2016. This followed meetings and a duly warned public hearing and action by the Planning Commission. These amendments consolidated several different sub-categories of retail-type uses and established the size limitations applicable for the new Retail use in various districts throughout the City. The Planning Commission prepared a Report on this amendment, which included an assessment of its consistency with the Comprehensive Plan. A copy of the Report is enclosed with this packet. Recommendation As the Planning Commission in 2016 comprehensively addressed this and similar uses, staff would recommend that the Commission decide first whether it wishes to take up this subject again in 2017 before discussing any of the merits or considerations related to this present request. Should the Commission decide to take up the request, staff would recommend that the Commission alot sufficient time in its work plan to perform a full analysis of the impacts of larger “retail-style” uses in the Mixed Commercial-Industrial, both direct and indirect. Enclosures: • Map of retail scale / size determinations prepared for Planning Commission public hearing, April 2016 • Planning Commission Report on proposed amendments, April 2016 3 2. Multi-family dwellings in the Mixed IC District within 500 feet of a district that allows multi- family dwellings Current regulations: Housing is presently not permitted in the Mixed I-C District. Staff has prepared a map showing the areas that Saxon Partners is seeking be eligible. Background and Analysis: Staff prepared a map showing the applicable areas and performed an initial assessment of the properties that would fall within this 500-foot transition zone. With the exception of lands that are part of the O’Brien Home Farm (for which the property owners are pursuing Master Planning efforts) and a small handful of properties along Kimball Ave that developed with industrial / office / police station uses, virtually all of the land within the proposed area is located within the current (2015 Noise Exposure Maps) or the anticipated (2012 F-35 Environmental Impact Study) 65 dnl decibel lines prepared by the Airport and/or Air Guard. At present, the Federal Aviation Authority’s Noise Compatibility Plan lists all areas within the 65 dnl area as eligible for buy-out and removal. With this program presently in effect, staff does not recommend that new areas be made eligible for residential activity. The small remaining amount of land to the north of the Airport is located within a 100-year floodplain and is therefore ineligible for development under the City’s Land Development Regulations. Recommendation Staff does not recommend this be pursued at this time due to the uncertainty surrounding the Airport and home buyout program. If ever the home buyout program designation changes, the Commission could examine a new request at that time on its merits. At this time, staff does not recommend the request be pursued any further. Enclosures: • Map of areas within the Mixed IC District that are within 500 feet of a zoning district that permits multi-family dwellings • The same map as above, with the following features added: o Approximate boundary of current 65 dnl line, (2015 FAA Noise Exposure Maps) (red) o Approximately boundary of F-35 dnl line (2012 F-35 EIS) (blue) o Approximately boundaries of 100-year flooplains §¨¦89 §¨¦189 §¨¦89 R1-PRDR1-PRD R1-L R1 -LVSouth Burlington, Vermont ¹ 0 2,000 4,0001,000 Feet Data Disclaimer: Maps and GPS data (“material”) made available by the City of South Burlington are for reference purposes only. The City does not guarantee accuracy. Users release the City from all liability related to the material and its use. The City shall not be liable for any direct, indirect, incidental, consequential, or other damages. Contact GIS@sburl.com with questions Note: Parcel line data is provided for informational purposes only. The City reserves the right to update the Official Zoning Map with new parcel data as it becomes available. Transect Zone 1 Disclaimer: The T1 Transect Zone depicts stream buffer, wetland, and wetland buffer areas on the Official Zoning Map. Stream buffer, wetland, and wetland buffer areas are shown for illustrative purposes only. Depicted stream buffer, wetland, and wetland buffer boundaries are approximate. The diagram should not be construed as showing all stream buffers, wetland, and wetland buffer areas, nor the precise locations of such stream buffers, wetland, or wetland buffer areas. Stream buffer, wetland, and wetland buffer delineation for permitting purposes must be determined in accordance with Article 10 and 12 of the South Burlington Land Development Regulations, as applicable. Zoning Map - Size Zones \\pwserver\GISdata\Planning&Zoning\Zoning\ZoningMap\2016\ZoningMap_PotentialSizeLimitVersion.mxd Size Limitation 3K Limit 5K Limit 15K Limit 30K Limit No Limit April 26, 2016 Planning Commission Public Hearing 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com South Burlington Planning Commission Proposed Land Development Regulations Amendment & Adoption Report Approved April 26, 2016 In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the following report regarding the proposed amendments and adoption of the City’s Land Development Regulations. Outline of the Proposed Overall Amendments The South Burlington Planning Commission held a public hearing on Tuesday, April 26, 2016, at 7:00 pm, in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the following amendments to the South Burlington Land Development Regulations: A. Revised standards for parking in front of buildings related to light industrial-type uses in heavy commercial / industrial districts; B. Merger of similar use categories (eg, retail sales, retail food establishment, and convenience store), consolidating definitions, and arranging by scale and applicability C. Allowance of small-scale personal instruction studio and indoor recreation in the SEQ-VC District D. Updated definitions and technical corrections throughout Following the public hearing, the Planning Commission approved the submittal of the amendments and this report to the City Council. Brief Description and Findings Concerning the Proposed Amendments The proposed amendments have been considered by the Planning Commission for their consistency with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 2, 2016. For each of the amendments, the Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 2 (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities.” A. Revised standards for parking in front of buildings related to light industrial-type uses in heavy commercial / industrial districts; Brief explanation of the proposed bylaw The proposed amendment would allow for a minor proportion of a parking area to be located to the front of a light-industrial, warehouse & distribution or similar building in the Mixed Industrial- Commercial and Industrial-Open Space Districts. To mitigate the effects of having parking in front of the building, certain additional site design standards would be required, including screening of parking, direct pedestrian access, and enhanced quality of “open space” in the vicinity to provide for useable areas for pedestrians. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are located within the “Northeast Quadrant” Planning Area and the “Medium to Higher Intensity, Principally Non-Residential” Future Land Use District. Future Land Use for the Northwest Quadrant is described in part, as follows: “Future Land Use. The pattern of land use and development in the Northeast Quadrant has focused on businesses which require larger properties, can be compatible with the operations of an airport, and/or which may not be easily compatible with residential areas. Future use of land in developed areas should continue to focus on employers and ancillary services. It should also continue to emphasize uses that are less critical within the core of the City…” Comprehensive Plan p. 3-22 The Future Land Use District, further, is described as follows: “Medium to Higher Intensity, Principally Non-Residential. Intended to foster high quality jobs, these lands provide for medium to large scale industrial, educational, mechanical and office park environments, among other related uses. Their aesthetics should reflect quality design and promote South Burlington as a welcoming place to work and do business. Residential uses are largely discouraged. Land coverage provides for sufficient green infrastructure, and respect primary natural resources, with slightly relaxed controls for wider roadways, increased parking, and lot coverages. Multimodal transport services these areas. Development here should be respectful of lower intensity uses where they abut.” Comprehensive Plan p. 3-6. 3 The proposed change is consistent with the above descriptions. The proposed amendments will not affect the provision of safe and affordable housing. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendment would not have a direct impact on any planned community facilities. The City does plan to have additional roadways & bicycle/pedestrian facilities in the area. Safe access from properties by pedestrian to these planned facilities is maintained through requirements for direct, separated pedestrian links from buildings to the street. B. Merger of similar use categories (eg, retail sales, retail food establishment, and convenience store), consolidating definitions, and arranging by scale and applicability Brief explanation of the proposed bylaw These amendments would include two parts: (1) a merger of similar land use categories, and (2) establishing a coordinated set of standards for the size and scale of retail sales uses across all zoning districts that allow them. Specifically, the proposed amendments would consolidate “retail sales”, “convenience store”, “retail food establishment”, and “general merchandise store” into “retail sales”, with an updated definition. In addition, the amendments would further clarify the distinction between “retail sales” and “wholesale establishment” by including a new term, “wholesale club” and stating that it is considered “retail sales” and not “wholesale establishment.” The draft amendments then establish a maximum size (gross floor area) to “retail sales” in some zoning districts that allows for the use, consistent with the purpose of that district and the Comprehensive Plan. The amended Regulations would create five size categories – two small, one medium, one medium-large, and one large. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing (2) Is compatible with the proposed future land uses and densities of the municipal plan. The Comprehensive Plan contains a clear Vision & Goals Statement. It includes four principal goals. The fourth goal is excerpted below. “Here and Into the Future, South Burlington is … Opportunity Oriented. Being a supportive and engaged member of the larger regional and statewide community. • Prioritize development that occurs within the community into the higher intensity areas identified within this Plan; 4 • Support a diverse and vibrant economy built on quality jobs, employment centers and a supportive educational and research system; support markets for local agricultural and food products.” P. 1-1. The Comprehensive Plan divides the City into five (5) Planning Areas and five Future Land Use Categories. They are: Planning Areas: • Central District, including City Center and surrounding areas; • Northwest Quadrant, including areas west of the Airport and north of I-89, exclusive of the Central District; • Northeast Quadrant, including the Burlington International Airport and areas north of I- 89; • Southwest Quadrant, including the Shelburne Road corridor; • Southeast Quadrant, including areas south of 1-89 and east of Spear Street. Future Land Use Categories: • Very low intensity, principally open space. • Lower intensity, principally residential. • Medium intensity, residential to mixed use. • Medium to higher intensity, principally non-residential. • Medium to higher intensity, mixed use. These Areas and Categories work together to define the future development intent of the different locations within the City. The Future Land Use Categories provide the description of the mix of uses and relative overall intensity anticipated while the Planning Areas provide the context of the surroundings, geographies, resources, and infrastructure. The proposed amendments are consistent with the intent and goals of the Comprehensive Plan and with the purposes of the specific zoning districts in which they are located. Smaller size retail are continued in areas intended for smaller-scale development, or where the focus is on industrial or institutional uses. These limits are in place in most cases already and are made more consistent. They are typically found where Planning Areas such as the Southeast and Northwest Quadrants contain Medium and Medium-to-Higher Intensity Future Land Use Categories. They also includes the Industrial-Open Space zoning district, which has long limited retail uses. Zoning districts in this category include the SEQ-VC, R7-NC, C1-LR, Allen Road, Swift Street, IA-North, and I/O. Medium-scale retail is permitted in areas where the Plan’s focus is on employment centers, with some allowance for retail. These are largely areas in the Northeast Quadrant that are also designated for medium to higher intensity principally non-residential or mixed use. Zoning districts in this category include the Mixed Industrial-Commercial District, the C1-Air District, and the C1-R12 District. 5 Future Land Use for the Northwest Quadrant is described as follows: “Future Land Use. The pattern of land use and development in the Northeast Quadrant has focused on businesses which require larger properties, can be compatible with the operations of an airport, and/or which may not be easily compatible with residential areas. Future use of land in developed areas should continue to focus on employers and ancillary services. It should also continue to emphasize uses that are less critical within the core of the City. In addition, future redevelopment should make use of improved transit services. Future development, especially in the Tilley Drive/Kimball Ave/Williston Road/Community Drive area should maximize efficiency of land use and support multi- modal transportation. This area should have clear, efficient access to City Center as part of an integrated, urbanized high activity, pedestrian and transit friendly east-west corridor. In 2014, the University of Vermont Medical Center began exploration of installing a consolidated outpatient facility in this area.” Comprehensive Plan p. 3-22 The majority of the area is contained within the Medium to Higher Intensity, Principally Non- Residential Future Land Use Category. It is described as follows: “Intended to foster high quality jobs, these lands provide for medium to large scale industrial, educational, mechanical and office park environments, among other related uses. Their aesthetics should reflect quality design and promote South Burlington as a welcoming place to work and do business. Residential uses are largely discouraged. Land coverage provides for sufficient green infrastructure, and respect primary natural resources, with slightly relaxed controls for wider roadways, increased parking, and lot coverages. Multimodal transport services these areas. Development here should be respectful of lower intensity uses where they abut.” Comprehensive Plan p. 3-6. This area also contains two residential zoning districts within the larger Mixed Industrial- Commercial district. The Comprehensive addresses these areas as follows: “Adjacent Residential Areas. The Northeast Quadrant comes into contact with residential neighborhoods in a handful of key places, notably to the west and northeast of the Burlington International Airport, and with the handful of residential pockets within the Quadrant itself. Sufficient transition tools – in the form of lower intensity uses, buffering, or screening – should be provided to foster the continued compatibility of these areas. The same holds for undeveloped areas to the east of Old Farm Road.” Comprehensive Plan p. 3-24 Medium-large retail is proposed to be allowed in the Commercial-2 District. This area is located within the Southwest Quadrant Planning Area and the Medium to Higher Intensity-Mixed Use Future Land Use Category. It is distinct from the more northern portion of these same districts along Shelburne Road in part because it is located further from the Interstate and population centers in South Burlington and Burlington. 6 The Medium to Higher Intensity, Mixed Use Future Land Use Category is described as follows: “Medium to higher intensity, mixed use. These lands are intended to be the most compact and most intensely developed in the City and support employment. Residential densities are higher than other designations, as a matter of allowance and as a goal. Housing options are varied, but focus primarily on multi-family dwellings. Uses should be mixed within the block, and mixed within buildings whenever possible. Infrastructure is efficient, and transportation is emphasized towards pedestrians and cyclists and provision of large scale non-shared parking should be discouraged. Open spaces are part of the public realm. Building heights, lot coverages, and other building dimensions are higher than other future land use areas.: Comprehensive Plan 3-7. Future Land Use for the Southwest Quadrant includes the following statement: “South of IDX Drive, the Shelburne Road corridor becomes predominately commercial on both sides, with collector streets leading to residential neighborhoods. These areas should be encouraged for infill development and redevelopment, with a continued focus on business opportunities.” Comprehensive Plan p. 3-27 Larger retail, with no explicit limitation on size, remain permitted in several districts. Those include the Commercial 1-Residential 15, Commercial 1-Residential 12 and each of the Form Based Codes districts. The Airport & Institutional- North Districts also permit retail in the context of their overall intent. The FBC Districts and Commercial 1 Districts are located in the following Future Land Use Category: “Medium to higher intensity, mixed use. These lands are intended to be the most compact and most intensely developed in the City and support employment. Residential densities are higher than other designations, as a matter of allowance and as a goal. Housing options are varied, but focus primarily on multi-family dwellings. Uses should be mixed within the block, and mixed within buildings whenever possible. Infrastructure is efficient, and transportation is emphasized towards pedestrians and cyclists and provision of large scale non-shared parking should be discouraged. Open spaces are part of the public realm. Building heights, lot coverages, and other building dimensions are higher than other future land use areas.” Comprehensive Plan 3-7. The City Center Form Based Codes Zoning District is largely contained with the Central District as identified in the Comprehensive Plan. In this area, size of uses are not limited; instead, development is managed by the form of the buildings. The Future Land Use Plan for this area includes the following Statement: “The intent for this entire area – developed and undeveloped – is to create an environment that has all of the elements, functions, programing and features to become South Burlington’s principal downtown area.” Comprehensive Plan P. 3-10. 7 The C1-R15 District is located in the Southwest Future Land Use Planning Areas along key sections of major corridors that contain good access to transportation. “The north end of the corridor in South Burlington has seen the most significant redevelopment to date and now includes several newer multi-family buildings amongst commercial areas. Future redevelopment in this area should be consistent with the pattern established by this development and by the single and two-family home neighborhood behind parts of it. South of I-189, the east side of the road includes the well established Orchards neighborhood as well as a series of relatively small commercial lots fronting on Shelburne Road. Continued reuse and redevelopment of these commercial areas should enhance pedestrian connectivity to residential areas while at the same time protecting them from encroachment. The west side of the road includes significantly larger lots and some existing multi-family housing. Mixed use development and redevelopment is encouraged in this area.” Comprehensive Plan pp. 3-26 to 3-27 Where lots are described as being smaller in the above sections, the depth of the zoning district itself will place limitations on the size of certain uses. Based on the analysis above, the proposed amendments are consistent with the above descriptions. The proposed amendments will not have effect on the provision of safe and affordable housing. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. The proposed amendments would not have a significant impact on planned community facilities. The application of scale of uses in these areas is consistent with existing and planned transportation infrastructure in the areas, with more intense users generally permitted in areas with greater transportation access. C. Allowance of small-scale personal instruction studio and indoor recreation in the SEQ-VC District Brief explanation of the proposed bylaw This amendment would permit small-scale personal instruction studios and indoor recreation in the SEQ-VC District. This district is located in two places: along a portion of Dorset Street towards the south end of the City and along a small section of Hinesburg Road south of I-89. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing (2) Is compatible with the proposed future land uses and densities of the municipal plan. See discussion above. This zoning district is located within the Southeast Quadrant Planning Area and the Medium-to-Higher Intensity – Mixed Use Future Land Use Category. 8 The purpose of this district is to promote village-scale mixed use development, including retail, housing, office space, and ancillary services. The allowance of these two use categories is consistent with this intent, allowing for neighborhood-scale services such as gyms, dance studios, etc. in these areas. The proposed amendment will have no effect on the availability of safe and affordable housing. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. D. Updated definitions and technical corrections throughout Brief explanation of the proposed bylaw These amendments include a number of minor corrections to the current Land Development Regulations, including establishing a definition for the term “rear building line”, several typos, and a map correction to remove an overlay district that had previously been eliminated in the text and correct the legend. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to affect future land uses or densities, and have no effect on the availability of safe and affordable housing. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( Area Inside Mixed IC Within 200' of R1-PRD, C1LR or R4 Path P:\Planning&Zoning\mapRequests\AirportMap_20171204\AirportMap_20171204.aprx Current Time Dec, 4, 2017 12:11 PM Prepared by South Burlington GIS 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Draft Amendments to the South Burlington Land Development Regulations Key to amendments: Additions in red underline Deletions in red strikethrough Notes for Uses in SMALL CAPS I. ESTABLISH HOUSING PRESERVATION STANDARDS 18.03 Housing Preservation A. Purpose. The intent of this Section is to achieve one or more of these goals: (1) To promote the health, safety and general welfare of the community by preserving existing housing stock in residential neighborhoods, particularly the supply of affordable and moderately- priced homes through the use of housing retention requirements as referenced in South Burlington’s 2016 Comprehensive Plan; (2) To reduce and mitigate the demolition and conversion to nonresidential use or nonuse of residential structures, and to maintain housing that meets the needs of all economic groups within the City particularly for those of low and moderate income; (3) To meet the specific mandates of 24 V.S.A. Section 4302(11) related to housing opportunities for safe and affordable housing for all Vermonters and to meet the needs of the diverse social and income groups in each Vermont community; (4) To support the retention of housing units in the City; (5) To promote the health safety and welfare of the community by preserving the residential character of neighborhoods; and, (6) To offset the loss of housing by requiring replacement of housing units with new construction, conversion of nonresidential to residential use or a contribution to the City of South Burlington Housing Trust Fund. B. Applicability. Except as otherwise provided in sub-section C (Exemptions), this Section 18.03 of these Regulations is applicable to the loss, demolition or conversion to a nonresidential use or nonuse (for example a vacant lot) of any dwelling unit in the City. This includes without limitation any of the following: (1) any dwelling unit that is demolished, removed, or declared unfit for habitation pursuant to any order, decision or other action of the City or State that is caused by unreasonable neglect or deferred maintenance of an existing or prior owner(s); (2) any dwelling unit that is demolished or removed pursuant to any municipal, State or Federal program, including any air traffic or airport noise mitigation and compatibility program; and/or, (3) any dwelling unit that is contained within a housing facility that is permitted as a congregate care facility, except group homes, residential care facilities, or skilled nursing facilities as defined in the South Burlington Land Development Regulations. C. Exemptions. This Section shall not be applicable to: (1) A loss or change of use lasting less than two (2) years, where residential use is restored within that same two (2) year period on the same parcel. (2) Any dwelling unit ordered demolished or declared unfit for habitation because of damage caused by civil commotion, malicious mischief, vandalism, natural disaster, fire, flood or other causes beyond the owner’s control. (3) Dwelling units existing in the following zoning districts: City Center Form Based Code, Industrial – Open Space, Mixed Industrial & Commercial, Swift Street, Institutional-Agricultural, Parks & Recreation, Municipal, Commercial 1-AIR, Airport, and Airport-Industrial. (4) The conversion of a duplex to a single-family home. (5) As of the initial effective date of this Section, any dwelling units: (a) For which the Burlington International Airport / City of Burlington has obtained Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funding approval for the acquisition, demolition or removal pursuant to the FAA’s Part 150 Noise Compatibility Program. This includes the dwelling units identified in FAA AIP grant numbers, AIP-94, AIP-105, and AIP-109 whether or not these dwelling units have been purchased or removed as of January 1, 2018. (b) Indicated on the 2009 Burlington International Airport Part 150 Noise Inventory and Re- Use Plan “Proposed Property Acquisition Program” map, Figure 4: Detailed Acquisition Plan, dated April 23, 2009. See Appendix H for a complete listing of properties by address. (6) The removal of accessory dwelling units. D. Approval. Notwithstanding any other provision of these Regulations and unless otherwise exempt under sub-section C of this Section, no dwelling unit shall be removed, demolished, or converted to a nonresidential use or nonuse, without receipt of a zoning permit in accordance with this Section. In addition to any other submission requirements in these Regulations, the applicant shall submit as part of a zoning permit application under this Section: (1) A statement certifying the number of dwelling units to be demolished or converted to nonresidential use and the number of bedrooms existing within each of these units; (2) A demonstration of compliance with tenant or occupant notice and relocation provisions of applicable state and federal law; and (3) A demonstration of compliance with sub-section E, F and G (if applicable) of this Section. E. Housing replacement requirement. In addition to any other requirements for approval under these Regulations, approval of the zoning permit referred to in Sub-section D above requires the replacement of each dwelling unit that is to be removed, demolished, or converted to nonresidential use or nonuse with a replacement dwelling unit. Any dwelling unit approved under Section 18.01 or 18.02 shall not qualify as a replacement dwelling unit. This replacement requirement may be satisfied in one of the following ways: (1) Construction of a new dwelling unit in accordance with sub-section F of this Section; (2) The conversion of a non-residential building to residential use in accordance with sub-section F of this Section; or, (3) Contribution to the Housing Trust Fund. Payment of an amount equal to twenty-five percent (25%) of the fee-appraised (within the 12 months prior to request for demolition) value of the premises to the City of South Burlington’s Housing Trust Fund for each dwelling unit that is removed, demolished, or converted to nonresidential use or nonuse. F. Replacement Dwelling Unit Requirement. In addition to the foregoing, all replacement dwelling units built pursuant to this Section must meet the following requirements: (1) Each replacement dwelling unit shall have at least the same number of bedrooms as the dwelling unit being replaced; (2) Each replacement dwelling unit must be located within the City of South Burlington; (3) Each replacement dwelling unit must receive a Certificate of Occupancy within eighteen (18) months of the date on which the zoning permit referenced in Sub-section D above is approved; (4) Each rental replacement dwelling unit(s) must be maintained either as a Group Home or as a leased “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations to prospective occupants who are income eligible at the time they first lease the unit, for a period of not less than twenty (20) years from the date of first occupancy. (5) Each non-rental replacement dwelling unit(s) must be offered for sale either: (a) At or below the fair market value of the dwelling unit that was removed, demolished, or converted to nonresidential use or nonuse, as determined either (i) by an appraisal provided by the applicant, or (ii) by the City’s latest assessed value of the premises including the dwelling unit that was removed, demolished, or converted to nonresidential use or to nonuse; or (b) As an “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations, to prospective purchaser/occupants who are income eligible at the time they purchase the unit. Any such unit shall be subject to a covenant restricting the sale of the dwelling unit for a twenty (20) year period to an owner/occupant who qualifies by income. (6) Income eligibility for replacement units described in this subsection shall be determined based on income guidelines, as adjusted for household size, published annually by the U.S. Department of Housing and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA), or on program-based income eligibility requirements established by a partnering housing organization. The income eligibility shall be determined using the most recent income guidelines available at the time a unit is available for occupancy. G. Performance Guaranty/Letter of Credit. When an applicant proposes to construct a new replacement dwelling unit or convert a non-residential building to a replacement residential unit, the applicant must post a performance guaranty in the form of a letter of credit, or other security acceptable to the City Attorney, in the amount equivalent to the amount the applicant would have been required to contribute to the City of South Burlington’s Housing Trust Fund if the applicant had chosen that option pursuant to Sub-section E(3), above. Such a performance guaranty shall be valid for no more than two (2) years, after which the full amount due shall be provided to the City of South Burlington’s Housing Trust Fund if such replacement unit satisfying the conditions of this Section has not been granted a Certificate of Occupancy as a dwelling unit. H. Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified non- profit organization approved by the City of South Burlington following demonstration of its qualifications shall be responsible for the on-going administration of this section as well as for the promulgation of such rules and regulations as may be necessary to implement this section. The Housing Authority or non-profit organization will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. II. MODIFICATIONS TO THE CITY CENTER FORM BASED CODE 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. See also Section 8.11, non-conformities. B. Building Placement. (1) 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, except as provided for below: (a) Buildings permitted in a T3 Cottage Court; (b) As permitted under Section 8.11, Nonconformities; or, (c) Accessory structures. 8.06 Special Standards … E. Buffer Strip. Where a Building Envelope Standard requires a Buffer Strip, it shall consist, at a minimum, of the following: a planted buffer not less than eight (8) feet in width planted with dense evergreens at least seven (7) feet in height at time of installation, and a building setback of an additional twelve (12) feet)the following:. Where vehicle parking or turn-around is planned adjacent to the buffer area, the buffer area shall supplemented as needed to be opaque year-round. Fencing may be installed to supplement buffer areas. (1) A planted buffer not less than twenty (20) feet wide landscaped with dense evergreens and with options for other planting and fencing; OR, (2) A combination of alley, as defined within the Street Typologies of these Regulations, and a planted buffer not less than eight (8) feet wide landscaped with dense evergreens and with options for other planting and fencing. F. Required Minimum Stories, Combined Stories. … (1) Combined stories. For each story in a building containing one or more stories with a floor-to- floor height that exceeds the maximum height in the applicable Transect Zone/Zoning District, the number of stories shall be calculated by dividing the proposed floor-to-floor height by the number of feet equal to the maximum story height and rounding up to the next whole number. Example: a 20’ floor to ceiling height in a Transect Zone whose maximum sooty story height is 14’ will count as two stories for the purposes of calculating the maximum allowable number of building stories in a Transect Zone. For the purposes of calculating the minimum number of building stories in a Transect Zone, however, combined stories shall not be considered to be more than one story. … I. Accessory Structures Accessory structures shall not exceed 500 square feet in size, shall not be located to the front of any principal building, shall be set back a minimum of five (5) feet from all property lines, shall have a maximum height of 15', and shall be limited to one per principal building on the lot. Standards in Section 3.10(A-D) shall not apply in this district. 8.07 Prohibited Materials The following is a list of materials that are strictly forbidden as exterior finish materials, on all sides facing a street right-of-way, public right-of-way, pedestrian passages or public civic space, in all City Center districts: A. All types and form of vinyl siding or vinyl finishing products. B. External Insulation and Finish System (EIFS) C. Stucco D. Plywood (excluding Marine Grade plywood) E. Chain-link fence F. T1-11 G. Concrete block, cinder block H. Tar paper I. Tyvek or equivalent 8.08 Open Space Requirements … Table 8-1 Open Space Requirements Transect Zone Residential/ Non- Residential Parcel Size Qualifying Open Space Required Additional Restrictions, Requirements, or Allowances Public Realm Requirement T5 Non- Residential All 5% of non-residential building gross floor area May locate qualifying open space off-site or purchase credits Whether on or off site, 100 % must be part of the public realm. Residential, Less than 10 Units All 100 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits. No public realm requirement for residential component. Residential, 10-19 Units All 85 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits. No public realm requirement for residential component. Residential, 20 or more Units All 60 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits. No public realm requirement for residential component. T4 Non- Residential <20,000 SF 6% of non-residential building gross floor area May locate qualifying open space off-site or purchase credits. Whether on or off site, 75% must be part of the public realm. Non- Residential >20,000 SF 6% of non-residential building gross floor area Qualifying open Space must be located on site or within 150’ of the site with direct access. Whether on or off site, 75% must be part of the public realm. Residential, Less than 10 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site or within 150’ of the site with direct access; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. Residential, 10-19 Units All 85 Square Feet Per Unit Qualifying open Space must be located on site or within 150’ of the site with direct access; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. Residential, 20 or more Units All 60 Square Feet Per Unit Qualifying open Space must be located on site or within 150’ of the site with direct access.; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. T3/T3+ Non- Residential All 6% of non-residential building gross floor area Qualifying open Space must be located on site. Minimum 30% must be part of the public realm. Residential, Less than 10 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site. No public realm requirement for residential component. Residential, 10-19 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site; 25% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. Residential, 20 or more Units All 90 Square Feet Per Unit Qualifying open Space must be located on site; 40% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. … E. Locating Open Space Off-Site (1) Qualifying open space may be located off-site, or on a parcel other than the one where the subject use is located, in areas designated in Table 8-1. Designated off-site qualifying open space must be located within City Center FBC District boundaries and must meet the standards articulated herein. Designated off-site open space must qualify under the palette of options listed in Table 8-2. (2) Designated off-site qualifying open space shall be located on developable land. For the purposes of this section (8.08(D)), developable land is an area of land within the City Center FBC District that feasibly can be developed with residential uses or mixed uses in accordance with the Code as determined by the DRB. Developable land area shall not, except where otherwise specified, include: (a) Land area that is already substantially developed, including existing parks and dedicated, perpetual open space within such substantially developed portion; (b) Areas of contiguous land that are unsuitable for development because of topographic features or for environmental reasons, per chapter 12 of these regulations. (3) Wetlands and wetland buffers shall not be designated as off-site qualifying open space areas, unless the DRB makes a finding that the wetland and/or wetland buffer is improved and can be actively and explicitly used as a qualifying Open Space pursuant to this Article and Appendix F. In considering whether to make this finding, the DRB may wish to consider the reasonable and expected use of the wetland, and refer to the specifications for “Enhanced or Recreational Wetlands” in Appendix F of these Regulations. If the DRB makes such a finding, that wetland and/or wetland buffer shall not count as more than 50% of the minimum required qualifying open space. (4) Pre-approval of open space. An applicant that constructs open space greater than the minimum required may apply the additional space towards the required open space for a future building. In doing so, the applicant shall demonstrate, with each such building, that the off-site open space is qualifying for the building in question. … G. Landscaping Requirements (1) Per Section 13.06(G), new development must meet a minimum landscaping budget equal to 3% of the first $250,000 of construction costs, 2% of the next $250,000, and 1% of remaining construction costs. This section requires that this investment be in trees and shrubs, and on-site. (2) For the City Center FBC District, a portion of the minimum landscaping budget may be used for art, decorative hardscapes, or other publicallypublicly welcoming amenities, as detailed in Table 8-3 and Appendix F, and when located within the public realm as defined in these Regulations. (3) Off-site landscaping. Where Open Space is approved to be located off-site pursuant to Section 8.08(E), up to thirty (30) percent of the required landscaping budget may also be located off-site. In such instances, the total required landscape budget shall be increase by fifteen (15) percent. 8.11 Nonconformities … A. Nonconforming Structures (1) Authority to Continue. Nonconforming structures may be continued provided conditions in this Section are met. (2) Repair and Alterations. Repair and alterations may be performed on any nonconforming structure, provided the comply with the Code and with the following: (a) When the total area of alterations to the primary building façade, or to the building façade that is parallel to and oriented to the street, exceeds 35% of the total areas of such building façade, the alterations shall comply with the Building Standards described in the BES applicable to the Transect Zone (excluding build-to-zone and story requirements). For the purposes of this subsection, window and window casing replacement, painting, adding or removal of siding, and other similar changes shall not be counted towards this total area of alterations calculation considered alterations. For multi-tenant buildings, the standard shall apply separately for each tenant area where that tenant gross floor area exceeds 10,000 square feet. (a)(b) Repair and replacement of non-conforming exterior finish materials. Normal repair of non-conforming exterior finish materials listed in Section 8.07 shall be permitted. In-kind replacement of vinyl exterior finish materials with new vinyl finish materials shall also be permitted. Replacement of any other type of exterior finish materials listed as prohibited in Section 8.07 shall not be permitted. (b)(c) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing wall / pillar elements of a building shall require compliance with all standards within these Regulations. … Table 8-45 Extensions / Expansions Structure Size <1,000 SF GFA 1,001 – 2,500 SF GFA 2,501 – 5,000 SF GFA 5,001 – 10,000 SF GFA 10,001 – 20,000 SF GFA Percent Permitted 75% 35% 30% 25% 10% SEE THE END OF THIS DOCUMENT FOR PROPOSED AMENDMENTS TO THE T3/T3+, T4, AND T5 BUILDING ENVELOPE STANDARDS. III. MODIFICATIONS TO HEIGHT STANDARDS IN THE C1-R12, C1-R15, AND C1-AUTO DISTRICTS AND REMOVAL OF MINOR ROOFTOP APPARATUS FROM HEIGHT CALCULATIONS IN ALL DISTRICTS; 2.02 Specific Definitions . . . Height. The vertical distance of a building measured from the average preconstruction grade level at the base of the building to the highest point of the roof if the roof is flat or mansard, or to the average level between the eaves and the highest point of the roof if the roof is of any other type. Height calculation of a building shall not include minor rooftop apparatus such as solar collectors, chimneys, spires, towers, elevator and mechanical penthouses, air conditioning equipment, water tanks, satellite dishes, radio and television antennas, and similar projections,. For other rooftop apparatus such as spires, towers, water tanks, radio and television atentas, see except as set forth in Section 3.07 of these Regulations. Chimneys (as defined in these Regulations) for residential structures shall be exempt from the height limitations. Height of a structure that is not a building shall be measured from the average preconstruction grade level at the base of the structure to the highest point of the structure. 3.07 Height of Structures A. General Provisions. Structures in all districts shall comply with the height standards presented below in this section. Maximum allowable building heights are illustrated in Figure 3-1, Height of Structures. B. Stories. The requirements of Table C-2, Dimensional Standards, shall apply. (1) Where a roofline story is placed on a building ….. (2) In the R1, R1-Lakeview, R1-PRD, R1-Lakeview, R2, R4, R7, Lakeshore Neighborhood…. (3) In the C1-R12, C1-R15, and C1-Auto districts: a) No building shall be more than 1 story taller than the shortest R4 building on an adjacent property. The portion of the building greater than this may increase by 1 story for each 75’ of separation, up to the allowable maximum. (b) First story floor-to-floor height shall not exceed 20 feet. Upper stories shall not exceed 14 feet in floor-to-floor height. C. Maximum Height. Except as allowed below in this section 3.07, the requirements of Table C-2, Dimensional Standards, shall apply. (1) Where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a height greater than that permitted in these Regulations, such approved maximum height shall remain in effect. D. Waiver of Height Requirements (1) Rooftop Apparatus. Rooftop apparatus, as defined under Heights in these Regulations, and steeples for places of worship that are taller than normal height limitations established in Table C-2 above may be approved by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Uses. (2) R12, IA, PR, MU, C1-R12, C1-R15 C1-Auto, C1-Air, C1-LR, AR, SW, IO, C2, Mixed IC, AIR, and AIR-IND Districts. (a) The Development Review Board may approve a structure with a height in excess of the limitations set forth in Table C-2. For each foot of additional height, all front and rear setbacks shall be increased by one (1) foot and all side setbacks shall be increased by one half (1/2) foot. (b) For structures proposed to exceed the maximum height for structures specified in Table C-2 as part of a planned unit development or master plan, the Development Review Board may waive the requirements of this section as long as the general objectives of the applicable zoning district are met. A request for approval of a taller structure shall include the submittal of a plan(s) showing the elevations and architectural design of the structure, pre-construction grade, post- construction grade, and height of the structure. Such plan shall demonstrate that the proposed building will not detract from scenic views from adjacent public roadways and other public rights- of-way. (c) Rooftop Apparatus. Rooftop apparatus, as defined under Heights in these Regulations, that are taller than normal height limitations established in Table C-2 may be approved by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Uses. Such structures do not need to comply with the provisions of subsections (a) and (b) above. Appendix C Dimensional Standards Table C-2 IV. ESTABLISHMENT OF AN URBAN DESIGN OVERLAY DISTRICT WITHIN PORTIONS OF THE C1-R12, C1-R15, AND C1-AUTO DISTRICTS; OVERLAY DISTRICTS FP, TR, SVP, IHO, TO, UDO 10.01 Flood Plain Overlay District 10.02 Traffic Overlay District 10.03 Scenic View Protection Overlay District 10.04 Interstate Highway Overlay District 10.05 Transit Overlay District 10.06 Urban Design Overlay District 10.06 Urban Design Overlay District (UDO) A. Purpose. It is the purpose of the Urban Design Overlay District to recognize the impact of simple design principles and to reflect a design aesthetic that fosters accessibility and creates civic pride in the City’s most traveled areas and gateways, while furthering the stated goals of the City’s Comprehensive Plan. This Overlay aids the City’s vision for the Southwest quadrant, which is to enable infill and conversion development, encourage pedestrian movement, serve local and regional shopping and employment needs, and make use of existing public transportation. The City strongly envisions that the quadrant will also provide safe and inviting access to adjacent neighborhoods. B. Comprehensive Plan. This section implements the community desires established in the City’s Comprehensive Plan. Specifically, the Plan desires that new development will occur in subject corridors. The corridors subject to the Urban Design Overlay District are encouraged within the Plan to use public transportation services, inspire pedestrian movement, and foster effective transitions to adjacent residential areas. More specifically yet, the Plan advocates for the creation of one or more nodes of concentrated development and public activity in these areas. C. Boundaries & Applicability. This section shall be implemented in accordance with the geography(ies) shown on the Overlay Districts Map contained in these Regulations. (1) New construction. In the case of proposed expansions to existing buildings, only the portion of the building being added or rehabilitation per (2) below shall be subject to compliance with these standards. Portions of an existing building not being modified may remain as is provided alterations do not increase the degree of nonconformity. (2) Substantial Rehabilitation (a) Authority to Continue. Nonconforming structures may be continued provided conditions in this Section are met. (b) Repair and Alterations. Repair and alterations may be performed on any nonconforming structure, provided they comply with the Code and with the following: (a) When the total area of alterations to the primary building façade, or to the building façade that is parallel to and oriented to the street, exceeds 35% of the total areas of such building façade, the alterations shall comply with the entry and glazing standards described. For the purposes of this subsection, window and window casing replacement, painting, adding or removal of siding, and other similar changes shall not be considered alterations. For multi-tenant buildings, the standard shall apply separately for each tenant area where that tenant gross floor area exceeds 10,000 square feet. (b) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing wall / pillar elements of a building shall require compliance with all standards within these Regulations. (3) Nodes. These regulations recognize that some areas of a corridor serve or will serve as important connections, gateways, or areas of activity. As such, a more urban form is desired and, where noted, required and permitted. Site design and buildings within designated nodes shall provide a welcoming and safe street presence for all users. Nodes are listed as ‘primary’ and ‘secondary’, and are mapped and regulated accordingly. D. Standards. Except where noted herein, the underlying dimensional standards, use, and other standards of the Zoning District shall still apply. (1) Entries. Subject properties must have at least one entry facing the primary road in the corridor. Any such entry shall: (a) Be an operable entrance, as defined in these Regulations. (b) Serve, architecturally, as a principal entry. Front entries shall be a focal point of the front façade and shall be an easily recognizable feature of the building. Possibilities include accenting front entries with features such as awnings, porticos, overhangs, recesses/projections, decorative front doors and side lights, or emphasis through varied color or special materials. This does not preclude additional principal entry doors. (c) Shall have a direct, separated walkway of at least 8 feet in width to the primary road. This may meander for design purposes, but must serve as a pedestrian-oriented access. (2) Glazing. Windows are key to the overall design of a building and the relationship between its exterior and interior. (d) For all properties in the Urban Overlay District, a minimum of 75% of glazing shall be transparent. (e) In non-residential uses, first story glazing shall have a minimum height of 7 vertical feet. (f) For residential uses, first story glazing shall have a minimum height of 5 vertical feet. (3) Dimensional Standards Height Minimum* (Maximums per underlying zoning district) Glazing Features Setback from ROW Designated Primary Node 2 stories First stories: minimum of 60% glazing across the width of the building facade on primary street; 40% minimum glazing across width Must have significant architectural feature at Minimum 20 feet of the façade facing the secondary street. corner of building. Designated Secondary Node Appearance of two stories. Buildings less than 6k sf gfa may be one story. First stories shall have a minimum of 60% glazing across the width of the building facade on primary street; 40% minimum glazing across width of the façade facing the secondary street. Must have significant architectural feature at corner of building. Minimum 20 feet All other properties No height minimums First stories shall have a minimum of 40% glazing across the width of the building facade Minimum 20 feet (4) Building Stories, Heights, and Rooftop Apparatus. (a) Minimum stories of buildings within the Urban Design Overlay District are defined as per Article 2- Definitions and Section 8.06(F)(1) of these Regulations. (b) Section 8.06(G) of these regulations shall apply to rooftop elements of buildings within the Urban Design Overlay District. (5) Landscaping. Projects within the Urban Design Overlay District shall meet minimum landscaping requirements as per Section 13.06 of these Regulations. Projects are also subject to the following supplemental standards: (c) Landscaping which is required elsewhere in these Regulations to serve as a buffer between properties shall not count towards the minimum landscaping budget. (d) For buildings which are set back 50 feet or more from the front property line, at least 50% of the required landscaping shall be installed between the front building line and the front property line. Figure 10.2 Illustrative Examples. The following graphics are intended to serve as examples illustrative of the intent of the corner and entry requirements. SPACE HELD FOR GRAPHICS V. MODIFICATIONS TO BICYCLE PARKING STANDARDS; 13.14 Bicycle Parking and Storage A. Purpose. These standards for short term parking and long term storage of bicycles are intended to recognize and promote cycling as a viable means of transportation and recreation for residents, consumers, visitors, and employees. B. Short Term Bicycle Parking (1) Applicability. These standards apply to any application for development that requires site plan approval under Section 14.03 of the LDRs, and all applications for development of parcels located in the City Center Form Based Codes District. (a) In order to facilitate a reasonable nexus between land development and bicycle parking requirements, applications for development to which these standards apply on parcels with existing development shall be permitted to phase in required short term bicycle parking as follows: (i) For the first application, the applicant shall propose and install at least 50% of the required number of bicycle parking spaces. (ii) Thereafter, any applications for development of the same parcel shall comply with all standards for Short Term Bicycle Parking. (b) Where pre-existing and pre-approved bicycle racks exist on the site at the time of application, they may be permitted to remain and count towards minimum requirements provided: (i) They are compliant with 13.14 B(2)(d)(i) and 13.14(B)(2)(d)(iv) of these regulations; (ii) The bike frame can be attached in at least one place and the bike is supported to stay upright; (iii) The rack is not constructed of wood; (iv) Parking spaces will count for each space on a rack where a bicycle frame can be attached in at least one place and supported to stay upright; (v) If parking is on the end or outside of a rack, the parking space must be clear of obstructions in compliance with Figure 13.3 and not obstruct passageways. (2) Standards for bicycle parking spaces (bps). (a) The minimum number of bicycle parking spaces shall be as indicated on Table 13-10. (b) Bicycle parking shall utilize the ‘Inverted U’ style or as shown as acceptable in Appendix G. The rack may not be constructed of wood. (c) If an applicant wishes to install something different, any bps shall meet the following specifications: (i) Allow secure locking of the frame and wheel; (ii) Support a bicycle frame at two points of contact; (iii) Meet the intent of the examples provided in Appendix G. (d) Location & Serviceability. Each bps shall be: (i) Securely anchored to the ground and on a hard, stabilized surface of at least six feet in length and a width sufficient to satisfy the remainder of these regulations. and on a paved surface of at least 2x6 feet; (ii) Spaced to allow easy access to each bicycle. (iii) Spaced at least 24 inches from obstructions, including walls, doors, posts, columns or landscaping and at least 36 inches from other racks. (iii) (iv) Easily accessible from the street or multi-use path and protected from motor vehicles; (iv) (v) Visible to passers-by and well-lit to promote usage and enhance security; especially in retrofitted areas, or where good visibility is not achievable, an applicant may be required to install directional signage. (v) (vi) Located at or nearby principal entrances where reasonably practicable, unless doing so compromises the other directives of this subsection, including visibility and accessibility. (vi) (vii) Where existing vehicle parking is replaced with bicycle parking in accordance with Section 13.01, note 6, bicycle parking must still meet the standards herein and shall be safely separated from vehicle parking spaces using striping, bollards, islands or other similar measures deemed adequate by the reviewing party. (e) Bicycle parking serving buildings with multiple entrances shall be dispersed so that all principal entrances are served. (f) For office building use, up to 50% of short term bicycle parking requirements may be met by supplementing the (indoor) long term bicycle parking requirements with the required short term bicycle parking spaces. C. Long Term Bicycle Storage (1) Applicability. These standards apply to: (a) Construction of new mixed use or commercial buildings and any new residential building with more than 3 dwelling units; (b) Structural alterations involving the replacement, relocation, or removal of, or other similar changes to, more than 50% of all load bearing walls shall require compliance with all standards for long term bicycle storage. (c) Building additions of more than 5,000 gross square feet in area. (2) Standards (a) For Residential Buildings (i) Secure storage in bicycle locker, bicycle storage room or private enclosure outside of the private residence that protects entire bicycle, including components and accessories against theft and weather. (ii) Garages which are private to each unit may count towards parking requirements. (b) For Non-Residential Buildings (i) Secure storage in bicycle locker, bicycle storage room or enclosure that protects entire bicycle, including components and accessories against theft and weather, allows secure locking of the frame and wheel, supports a bicycle upright. (ii) Where indicated in Table 13-11, clothes lockers shall be lockable with the following minimum dimensions: minimum 12” wide, 18” deep, 36” high. Lockers do not need to be in same place as bicycle storage; (iii) Secure office space (private offices, common space with ability to lock bicycles, etc.) may account for up to 50% of the required indoor parking areas and lockers provided they are on the ground floor of the building, accessible and of sufficient size; (iv) Shower and changing facilities dependent on the number of bicycles required to be stored and as indicated on Table 13-10. Table 10. Bicycle Parking Requirements Type of Activity Short Term Bike Parking Long Term Bike Storage Residential buildings with more than 3 units 1 for every 10 units; minimum 41 1 for every unit Warehousing, contractor, and light industry 1 per 20k SF; minimum 2 2 per tenant Retail, restaurant, office, and all other 1 per 5k SF; minimum 4 50% of required short term bike parking spaces. Educational 1 space for each 20 students of planned capacity. For new buildings only, one space for each 20 employees. 1 May request waiver from minimum per building for buildings with less than 6 units if Development Review Board finds the need is adequately met for visitors. Table 11. Long Term parking – shower and changing room facility requirements Number of protected long term bicycle parking spaces Changing facility Unisex Showers Clothes Lockers 1-3 none none 1 4 - 9 12 12 3 For every 10 12 12 40% of LTB parking 2 if unisex, units available to any gender; otherwise provide one per gender VI. MINOR TECHNICAL CORRECTIONS. 18.01 Inclusionary Zoning B. Applicability (1) Covered Development. Except as otherwise provided in this bylaw, the provisions of this section shall apply within the City Center Form Based Codes District to any development, notwithstanding any phasingincluding each phase of the development, that will result in the creation of twelve (12) or more total dwelling units through subdivision, new construction, or the conversion of an existing structure or structures from non-residential to residential use. For purposes of this requirement, two or more developments shall be aggregated and considered as one development subject to this section if: (a) The developments are located on abutting properties; and (b) The developments are owned or controlled by the same person; and (c) Either: (i) The developments will undergo subdivision, construction, or conversion of an existing structure or structures from non-residential to residential use within the same five-year period, which period shall be measured from the date a proper and complete application is first submitted, or (ii) A master plan exists, as approved by the City, which includes two or more of the developments. C. Inclusionary Units (1) For covered development, at least five percent (5%) of the total dwelling units offered for rent or sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall be affordable to households having incomes no greater than 80% of the area median income (AMI) adjusted for household size. An additional five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater than 100% of the AMI adjusted for household size. An additional five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater than 120% of the AMI adjusted for household size. (a) Where the application of this formula results in a fractional dwelling unit, that fractional dwelling unit shall be rounded to the nearest whole number (fractions that are greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00 are rounded up). (b) When the developer proposes to build at least 12 but fewer than 17 housing units, the requirement will be to include two (2) affordable dwelling units one of which shall be affordable to households whose incomes are no greater than 80% of AMI adjusted for household size and the other shall be affordable to households whose income is no greater than 100% of AMI adjusted for household size. (c) When the developer is required to build a number of affordable dwelling units where the number of affordable dwelling units calculated by multiplying the total number of units by 15% that is not evenly divisible by three, the first “remaining” dwelling unit must be affordable at the 80% AMI level adjusted for household size and, where applicable, the second “remaining” dwelling unit must be affordable at 100% AMI level adjusted for household size. Example: The developer is required to build 13 affordable dwelling units. Four dwelling units must be affordable at the 80% of AMI adjusted for household size, four dwelling units must be affordable at the 100% of AMI adjusted for household size; four dwelling units must be affordable at the 120% of AMI adjusted for household size; and the “remaining” dwelling unit must be affordable at the 80% AMI adjusted for household size. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -1 8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)Detached single family dwelling (b)Two-family dwelling (c )Multi-family housing (d)Detached mixed-use storefront (e)Cottage (f)Accessory Structure (g)Carriage House See note 5 (h)Small-Lot Multi Family dwelling See note 5 (2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Ceiling Height (a)First story (b)Upper Stories (4)Build-to Zone See T3 & T3+ Figures (a)Primary Build-to-Zone 5' Min., 20' Max.5' Min., 30' Max. (b)Secondary Build-to-Zone 5' Min., 30' Max.5'. Min., 45' Max. (c )Side Setback, Principal Structure 8' Min., No Max.8' Min., No Max. (d)Rear Setback, Principal Structure 20' Min., No Max.not applicable (e)Side Setback, Accessory Structure 8' Min., No Max.8' Min., No Max. (f)Rear Setback, Accessory Structure 8' Min., No Max.not applicable (g)Setback from rear of Principal Structure for any Accessory Structures 10' Min., No Max.No closer to street than Principal Structure (5)Frontage See T3 & T3+ Figures (a)Frontage Buildout None None (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min., No Max.No Min., No Max. (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.No Min., No Max. (6)Entrances See Entrances Figure (a)Frequency of Public Entrances, non-residential first story use (b)Maximum distance between Public Entrances, non- residential first story use (c )Frequency of Operable Entrances, residential first story use Permitted Permitted 1 per unit Min. Not applicable 1 per unit Min., except as listed in Note 5 T-3 and T3+: A multi-use neighborhood with a street-oriented public realm that encourages medium-density, multi-use/multi-purpose built environment. Architectural character is residential in nature, with sloped roofs and front porches encouraged and first floor elevations typically raised above ground level. Typically detached / freestanding single or two-family residences, small-scale multi- family, corner stores, and small scale commercial uses. Pedestrian-oriented streets, but ultimately mode-neutral. Small front yards are encouraged. Parking (not including on-street parking) shall be away from the primary street. T3 and T3+ BES Standard 1.5 Min.; 2.5 Max. (T3), 3.5 Max. (T3+) 1 Max. 12' Max. 10' Max. None 70' Min., 120' Max. [150' Max if Cottage Court] (see note 3) 75% Max. 4 Units per acre Min. Permitted Permitted Permitted Permitted Permitted Permitted South Burlington Land Development Regulations ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -2 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT3 and T3+ BES Standard (d)Maximum distance between Operable Entrances, residential first story use (e)Frequency of Public Entrances on first story for non- residential second story uses (f )Frequency of Public Entrances on first story for upper residential story use (7)Glazing See Glazing Figures (a)First Story Min. 30% of the length of the building, and Min. 3' in height Min. 15% of the length of the building, and Min 3' in height (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories Min. 25% of the length of the building, and Min. 3' in height Min. 12.5% of the length of the building, and Min 3' in height (d)Upper Stories, percent of glazing required to be transparent 75% Min.75% Min. (8)Building Breaks See Bldg Breaks Figure (a)Building Horizontal Façade Min. 1 every 24'Min. 1 every 36' (b)Single Span of Horizontal Facade Without a Break 24' Max.36' Max. (9)Garages (a) (b) (c ) (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (b)All homes in residential subdivision (unless in cottage court configuration) shall face street (c)Subdivisions will not be designed or laid out in a manner that will result in placing the rear of homes next to streets. (d)Primary facades of homes shall face the street (e)Variation in building façade encouraged and blank walls strongly discouraged (f)To the extent possible, the narrow face of the building should be oriented to the street (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter (b)Length See Note 3 (c ) (2)Street Types See Article 11 (a)Neighborhood Street (b)Neighborhood Street Narrow (c )Neighborhood Street / Bike Boulevard (e)Support Street (f)Market Street (g)Lane not applicable 1 per upper story unit Min. 1 per 4 2 units (see notes 4 and 5) Garage doors shall be either (i) located at a minimum of a 90 degree angle to the street containing the primary building facade or (ii) set back a minimum of 10' from the rear of the Principal Building Encouraged Encouraged Encouraged Required 4,000' Max. Required Garage doors facing an alley are permitted and highly encouraged Required Notwithstanding (a) above, a single-car garage set back a minimum of 10' from the front façade of a Principal Building shall be permitted. 300' Min., 1,000' Max. Single block lengths greater than 500' shall include a publicly dedicated sidewalk, passage, or trail at least 8' in width that connects to another street. Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street South Burlington Land Development Regulations ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -3 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT3 and T3+ BES Standard (h)Alley (i)Path (j)Pedestrian Pass (k)All other streets (3)Curb Cuts (a)On Market Street (b)All other streets (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit See Note 4 (b)Per 1,000 gross s.f. Non-Residential See Note 4 (2) Location & Screening (a) (b) (c ) (d) (e) (f) (g) (h) (F) Supplemental District Standards (1)Where a T-3 Lot abuts a non-FBC District, the following standards shall apply: (a) A buffer strip shall be required See Section 18.02(B) (G) Streetscape Standards (1)General Standards (a) (b) (c )Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a)Benches (b)Bicycle Racks for at least 5 bikes (c )Street Tree Spacing, on center Notes (1) (2)Upper Story Glazing Shall comply with the following standards: (a) (3) (4)Public and Operable Entrances for Upper Story Units: (a) (b)For corner units, the balcony shall be required along the Primary Street (c )No units located entirely on the third story shall be permitted. (5) Permitted, Qualifies as a Street Prohibited New construction resulting in additional non-residential gross floor area or residential units shall meet T3 and T3+ Parking Standards New parking is allowed in the side yard Parking spaces may be leased from the city or a private landowner 70' Min. distance between curb cuts 1 Min, 3 Max. 4 2 spaces Min. Permitted Connection, Not a Street Permitted Connection, Not a Street 400' Min. distance between curb cuts Permitted on lots existing as of March 24, 2016 which have less than 100' of frontage on an existing street and are less than 1/2 acre in area. A single such lot may contain either one carriage house or one small-lot multi-family dwelling Upper story glazing shall be a minimum of 30 percent of the façade on the primary building facade and 20% on secondary building facades. New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height Parking under structures is encouraged Parking shall only be permitted in compliance with applicable BES standards Residential: all parking shall be located to the side or rear of buildings Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. Non-residential: all parking shall be on-site and located behind the Principal building All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. 50' Max. average As determined by DPW 1 Min. per 300' frontage All second story units facing a Street shall have a balcony of at least 6' in depth or a rooftop patio for the entire width of the building façade along the Street. For a lot or property to be developed or improved, lot width requirements shall be met. South Burlington Land Development Regulations Carriage House Building Type Description Lot and building placement Lot frontage Maximum 100' Lot depth N/A Lot area Maximum 1/2 acre Units & Scale Dwelling units Maximum of 2 Building footprint Maximum 60% of footprint of principal structure Building area Maximum 60% of area of principal structure Building Placement Principal Building Principal building on lot must meet T3 Frontage requirements for carriage house to be eligible Build-to-zone Front must be at or behind the rear of the primary structure Rear setback Per T3 standards of principal buildings Side setback Per T3 standards of principal buildings Parking location Per T3 standards Open Space Per T3 standards Other Per T3 standards Narrow-Lot multi-family building Description Lot and building placement Lot frontage Maximum 100' Lot depth N/A Lot area Maximum 1/2 acre Units & Scale Dwelling units Maximum of 6 Frontage buildout Minimum 50% A second building either attached to or detached from the primary house and commonly used for storage of vehicles and household items. The carriage house may also be used for up to two additional dwellings units. Multi-family building on a narrow lot. Front of building has a strong street presence and building is oriented towards the street. Appearance of the building from the street is of a single-family or small multi-family building. Additional units may be side or rear-accessed, up to maximum allowable. Building Placement Build-to-zone Per T3 standards Rear setback Per T3 standards Side setback Per T3 standards Parking location Garages shall not face street except if blocked from view by building Open Space Per T3 standards Other Front porch A covered front porch of at least 10' in width and 7' in depth is required Front doors At least one operable entry shall face the street Other standards Per T3 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-1 8.13 T-4 Urban Multi-Use Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)All Types (2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Floor Height (a)First story (b)Upper Stories (4)Build-to-Zone See T4 Figures (a)Primary Build-to-Zone 0' Min., 12' Max.0' Min., 18' Max. (b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max. (5)Frontage See T4 Figures (a)Frontage Buildout , Primary Streets 70% Min.70% Min. (Note 1) (b)Frontage Buildout , Secondary Streets 70% Min. within 80' of Primary Street, 50% Min. elsewhere 70% Min. within 80' of Primary Street, 50% Min. elsewhere (Note 1) (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min.100% Max. (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.100% Max. (6)Entrances See Entrances Figure (a)Average frequency of Public Entrances, non-residential first story use 36' Max.54' Max. (b)Maximum distance between Public Entrances, non- residential first story use 46' Max.72' Max. (c )Average Frequency of Operable Entrances, residential first story use 36' Max.54' Max. (d)Maximum distance between Operable Entrances, residential first story use 46' Max.72' Max. (7)Glazing See Glazing Figure (a)First Story Min. 40% of the Width of the Building, and Min. 7.5' in Height Min. 20% of the Width of the Building, and Min 7.5' in Height (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories (d)Upper Stories, percent of glazing required to be transparent 24' Max. 14' Max See Note 2 See Note 2 T4 BES Standard Generally a multi-use, mixed use dense downtown built environment, typical of areas adjacent to and supportive of main street(s). Housing, retail, and other commercial uses are typical; parking facilities are also allowed. The built environment can be a mix of freestanding buildings and shared wall buildings. T-4 is multimodal oriented with an emphasis on medium foot traffic pedestrianism. Parking (not including on-street parking) shall be away (or hidden) from the street. None None None None Permitted 2 Min., 4 Max. 1 Max. South Burlington Land Development Regulations ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-2 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT4 BES Standard (8) Building Breaks See Bldg Breaks Figure (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80' (b)Single Span of Horizontal Facade Without a Break 48' Max.48' Max. (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter (b)Length (2)Street & Connection Types See Article 11 (a)Neighborhood Street Narrow (b )Neighborhood Street (c)Private commercial way (d)Support Street (e)Commercial Street (f)Avenue (g)Commercial Boulevard (h)Destination Street (i)Market Street and Garden Street (j)Path (k)Pedestrian Pass (l)Alley (m) All other street types (4)Curb Cuts (not including street intersections) (a)On Market Street (b) On Garden Street (b)All other streets (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit (b)Per 1,000 gross s.f. Non-Residential (2) Location & Screening (a) (b) (c ) (d) (e ) (f) (g) (3) Off-Site Parking (F) Supplemental District Standards (1)Where a T-4 Lot abuts the R4 or R7 Zoning District, the following standards shall apply: (a) A buffer strip shall be required See Section 8.06(E) (b) (c ) Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Encouraged 2 spaces Max. Permitted, Qualifies as a Street Permitted, Qualifies as a Street 2,800' Max. The third story of any building shall be set back a minimum of twelve feet (12’) from the rear building line; and, The fourth story of any building shall be set back a minimum of twenty-four feet (24’) from the rear building line. No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. New construction resulting in additional non-residential gross floor area or residential units shall meet T- 4 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height Parking under structures is encouraged 2 spaces Min. 300' Min., 700' Max. Prohibited (b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses. (c) Shared parking may be used to meet parking requirements (See Article 13). Parking shall only be permitted in compliance with applicable BES standards for building frontage Permitted, Qualifies as a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street (a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses. 400' Min. distance between curb cuts 400' Min. distance between curb cuts Permitted, Qualifies as a Street 100' Min. distance between curb cuts Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street South Burlington Land Development Regulations ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-3 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT4 BES Standard (d) (e ) (2) (a) (b) (c) (d) (e)Such building shall comply with all other provisions of these Regulations. (3) (a) (b) (G) Streetscape Standards (1)General Standards (a) (b) (c ) (d)Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a)Benches (b) Bicycle Parking Racks for at least 5 bikes (c )Street Tree Spacing, on center Notes (1) (2)Upper Story Glazing Shall comply with the following standards: All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. Small Single Story Principal Buildings. New small single-story principal buildings shall be permitted subject to the following requirements: (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. Along Secondary Streets, parking structures within the build-to-zone that do not meet entrance and/or glazing standards are permitted and shall count towards Frontage Buildout requirements, provided that a minimum of 0.5% of the construction cost is used for original artwork installed on or in front of the building façade facing said street. Along Secondary Streets, a Streetfront Open Space, as defined within these Regulations, shall count towards Frontage Buildout requirements. 2 Min. per 100' frontage Permitted 1 Min. per 100' frontage May be used to meet short-term requirements of 13.14 50' Max. average (a) Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the primary building facade area below the roofline and 20% on secondary building facades. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. Such building shall have a frontage greater than 100' and a footprint greater than 10,000 square feet; Such building shall have a maximum footprint of 3,500 square feet; and, Such building shall comply with all other provisions of these Regulations. No new single-story building shall be permitted within one thousand (1,000) linear feet in any direction from any existing single-story building approved under this subsection; Large Single Story Principal Buildings. New large single-story principal buildings shall be permitted subject to the following requirements: Such building shall be a minimum of 24' in height and shall have the appearance of two or more stories; Such building shall have entries at a frequency of every 50' or less and shall have a maximum distance between entries of 60'; and, (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding bay windows and storefronts). South Burlington Land Development Regulations ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-1 8.14 T-5 Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)All Types (2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Floor Height (a)First story (b)Upper Stories (4)Build-to-Zone See T5 Figures (a)Primary Build-to-Zone 0' Min., 6' Max.0' Min., 9' Max. (b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max. (5)Frontage See T5 Figures (a)Frontage Buildout 85% Min.85% Min. (Note 1) (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min.50% Min. (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.50% Max. (6)Entrances See Entrances Figure (a)Average frequency of Public Entrances, non-residential first story use 30' Max.45' Max. (b)Maximum distance between Public Entrances, non- residential first story use 40' Max.60' Max. (c )Average Frequency of Operable Entrances, residential first story use (d)Maximum distance between Operable Entrances, residential first story use (7)Glazing See Glazing Figure (a)First Story Min. 80% of the Width of the Building, and Min. 7.5' in Height Min. 40% of the Width of the Building, and Min 7.5' in Height (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories (d)Upper Stories, percent of glazing required to be transparent (8) Building Breaks See Note 3 & Bldg Breaks Figure Emphasis is on Market Street with high volume foot traffic. Create a street-oriented public realm that encourages a dense downtown, multi-use/multi-purpose built environment. Retail and other commercial uses must be on the ground floor, with and mixed uses permitted above. Parking (not including on-street parking) shall be away (or hidden) from the street. None None None None T5 BES Standard Permitted 2 Min., 6 Max. 14' Min., 20' Max. 10' Min., 14' Max. not applicable not applicable See Note 2 See Note 2 1 Max. South Burlington Land Development Regulations ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-2 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT5 BES Standard (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80' (b)Single Span of Horizontal Facade Without a Break Recommend every 24- 48 feet; 60' Max. Recommend every 24- 48 feet; 60' Max. (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter (b)Length (2)Street and Connection types See Article 11 (a)Destination Street (b)Support Street (c )Neighborhood Street Narrow (d)Market Street & Garden Street (e)Path (f)Alley (b)Pedestrian Pass (h)All other street types (3)Curb Cuts (a)On Market Street (b) On Garden Street (c)All other streets (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit (b)Per 1,000 gross s.f. Non-Residential (2) Location & Screening (a) (b) (c ) (d) (e) (f) (g) (3) Off-Site Parking (F) Supplemental District Standards (1)Upper Story setbacks (a) (b) (G) Streetscape Standards (1) General Standards 2 spaces Max. 2 spaces Min. Encouraged Prohibited Prohibited Prohibited 100' Min. distance between curb cuts Parking under structures is encouraged Parking shall only be permitted in compliance with applicable BES standards for Frontage Buildout New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height New construction resulting in additional non-residential gross floor area or residential units shall meet T-5 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. (a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses. (b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses. (c) Shared parking may be used to meet parking requirements (See Article 13). All stories above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the primary and secondary building facades. All stories above the fifth story of any building shall be set back a minimum of twelve feet (12’) from all Alleys. Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street 1,600' Max. 400' Max. South Burlington Land Development Regulations ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-3 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT5 BES Standard (a) (b) (c ) (d)Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a) Benches (b)Bicycle Parking or Rack Spaces (c )Street Tree Spacing, on center Notes (1) (2)Upper Story Glazing Shall comply with the following standards: Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding All features proposed within an existing, proposed, or planned public ROW shall comply with 1 Min. per 50' frontage Permitted 20 Min. per 100' frontage May be used to meet short-term requirements of 13.14 30' Max. average If a corner lot is 100’ or less in width along the street containing the primary building facade and (a) Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the primary (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. South Burlington Land Development Regulations Article 10 Overlay Districts (staff note: a cleaner set of maps will be presented at the January 9, 2018 Planning Commission Meeting) The yellow buffer indicates the limit of the Urban Overlay District. The teal circles represent the 200 foot buffer from the intersection polygon that is to be considered in this draft amendment. Disregard the purple and dark blue circles. The red intersection polygons represent proposed primary nodes. The blue intersection polygons represent proposed secondary nodes. Urban Overlay District Nodes; Overall Map Urban Overlay District Nodes; Detailed location maps from north to south Williston Road: 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com South Burlington Planning Commission Proposed Land Development Regulations Amendment & Adoption Report Planning Commission Public Hearing February 13, 2018, 7:00 pm In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the following report regarding the proposed amendments and adoption of the City’s Land Development Regulations. Outline of the Proposed Overall Amendments The South Burlington Planning Commission will hold a public hearing on Tuesday, February 13, 2018 at 7:00 pm, in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the following amendments to the South Burlington Land Development Regulations: A. Establish housing preservation standards in the following zoning districts: Residential 1, Residential 1-PRD, Residential 1-Lakeshore, Residential 1-Lakeview, Residential 2, Residential 4, Residential 7, Residential 7-Neighborhood Commercial, Residential 12, Lakeshore Neighborhood, Queen City Park, SEQ-Natural Resource Protection, SEQ-Neighborhood Residential, SEQ- Neighborhood Residential North, SEQ-Neighborhood Residential Transition, SEQ-Village Residential, SEQ-Village Commercial, Commercial 1-Residential 12, Commercial 1-Residential 15, Commercial 1-AUTO, Commercial 1-Limited Retail, Allen Road, and Commercial 2; B. Modifications to the City Center Form Based Code, including building placement standards; buffer strip requirements; prohibited exterior materials and replacement of existing siding; off- site placement of open space in the T4 District; accessory structures; pre-approval of open space; off-site landscaping; T3 and T3+ District purpose statement, entrances, balconies, and buildings on small pre-existing lots; T4 and T5 District glazing standards; C. Modifications to height standards in the C1-R12, C1-R15, and C1-Auto Districts and removal of minor rootftop apparatus from height calculations; D. Establishment of an Urban Design Overlay District within portions of the C1-R12, C1-R15, and C1- Auto Districts; E. Modifications to Bicycle Parking standards; and, F. Minor technical corrections. Brief Description and Findings Concerning the Proposed Amendments 2 The proposed amendments have been considered by the Planning Commission for their consistency with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 2, 2016. For each of the amendments, the Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities.” A. Establish a housing preservation requirement that requires replacement of removed dwelling units in certain districts Brief explanation of the proposed bylaw The proposed amendment would require the preservation of housing in the City of South Burlington. For each dwelling unit removed in the applicable zoning districts, a replacement dwelling unit or financial contribution to the City’s affordable housing trust fund be made with the goal of preserving workforce and affordable homes in the City. Any replacement dwelling unit built on a parcel that is different from the origin parcel would need to include an affordability component or be sold or rented for equal or lower cost than the building that was removed. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing The proposed amendments implement the goals and policies of the City’s 2016 Comprehensive Plan, and are specifically focused on the availability of safe and affordable housing. Among these goals & policies: • Goals: “Be affordable, with housing for people of all incomes, lifestyles, and stages of life” (p. 1-1) • Goal: “Keep unique features, and maintain or enhance the quality of life of existing neighborhoods” (p. 1-1) • Objective 3. “Foster the creation and retention of a housing stock that is balanced in size and target income level, is representative of the needs of households of central Chittenden County, and maintain an efficient use of land for use by future generations” (p. 2-16) • Objective 4. “Support the retention of existing and construction of new affordable and moderate-income housing, emphasizing both smaller single family homes and apartments, to meet demand within the regional housing market.” (p. 2-16) • Strategy 4. “Implement a variety of tools and programs to foster innovative approaches to preserving and increasing the City’s supply of affordable and moderate income housing. 3 Potential tools should be explored and could include form-based codes that would allow a variety of residential and mixed use building types, transferable development rights, neighborhood preservation overlay districts, household definition regulations, inclusionary zoning, bonuses and incentives, waivers and expedited review processes, and/or a housing retention ordinance.” (p. 2-16) • Strategy 6. “Promote the preservation of existing housing stock in residential neighborhoods, particularly the supply of affordable and moderately-priced homes.” (p. 2- 16). The Comprehensive Plan also points to the City’s 2013 “Path to Affordability” Affordable Housing Report as an additional resource in this area. The Report includes a detailed analysis of the City’s current and future demographics, housing stock, overall affordability, and provides an assessment of current and prospective tools to address identified housing needs. The Report notes that the cost of construction of new housing leaves an affordability gap for young families and recommends tools to retain existing housing stock as a means to meet demand in this sector of the population. The Report includes specific recommendations to pursue housing retention / preservation regulations and also included several of the housing goals, objectives, and strategies that are in the 2016 Comprehensive Plan. The proposed amendment provides multiple alternatives for how housing is to be retained in the community. These include: • Rebuild a dwelling unit on the subject parcel. A dwelling unit that is removed can be replaced with a new dwelling unit on the same parcel. • Build a dwelling unit on a separate parcel. A dwelling unit that is removed can be replaced with a new dwelling unit, on a different parcel, so long as the new dwelling unit serves as a group home, meets an affordability requirement for a specified period of time, or is offered for sale at or below the fair market value of the unit that removed. • Make a contribution to the City’s Affordable Housing Trust Fund. A dwelling unit that is removed can be mitigated through a contribution to the City’s Affordable Housing Trust Fund. The amount of the contribution was established based on an assessment of the down payment assistance that has been demonstrated as needed for affordable, shared equity housing programs to be functional in the region. Supporting documentation has been provided via letter from Champlain Housing Trust and via email from the Vermont Housing and Conservation Board. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendment would not alter future land uses or densities as envisioned in the City’s Comprehensive Plan. Housing may be retained and any replacement housing would be constructed pursuant to the densities and future land uses established in the current regulations. (3) Carries out, as applicable, any specific proposals for any planned community facilities. 4 The proposed amendment would not impact any specific proposals for planned community facilities. B. Modifications to the City Center Form Based Code Brief explanation of the proposed bylaw The proposed amendment would make a series of minor modifications to the City Center Form Based Code. Specifically: • Allow accessory structures of up to 500 s.f. to be located on a site in locations other than along street frontages; • Clarifications to buffer strip requirements between T4 districts and R4 / R7 districts; • Allow for the replacement of pre-existing vinyl siding on a building with new vinyl siding • Apply the list of prohibited exterior materials on buildings to all sides, not only those facing streets, public rights-of-0way, and park spaces; • Clarify allowance for off-site placement of open space in the T4 District; • Allow for pre-approval of open space in a multi-phased project; • Allow for off-site use of landscaping budget where open space is to be located off-site • Clarifications to T3 and T3+ District purpose statement • Allowance for additional building types in the T3 and T3+ districts on small lots • Modify upper-story balcony requirements in the T3 and T3+ Districts • Clarifications of measurement of T4 and T5 District glazing standards; (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The proposed amendments to the Form Based Code closely align with the goals of the City’s Comprehensive Plan. The amendments are relatively minor in nature, but each are consistent with the objectives presented below. “The vision for the Central District is to effectively blend existing neighborhoods, commercial areas, natural areas, underdeveloped properties, and undeveloped lands into the true downtown of South Burlington. Th is downtown will provide increased connectivity through new cross streets; support an integrated mix of housing, retail, and employment; and be a primary focus point for compact, walkable development within the City.” (P. 3-9) “Objective 40. Create a cohesive, diverse, dynamic, and people-oriented City Center with a strong identity and ‘sense of place’ that incorporates harmonious design, an appropriate mix of residential and non-residential uses and public amenities that complement adjoining neighborhoods.” 5 “Strategy 102. Use design review and/or form-based coding to promote the development of aesthetically pleasing, pedestrian-focused and highly functional environments.” “Strategy 4. Implement a variety of tools and programs to foster innovating approaches to preserving and increasing the City’s supply of affordable and moderate income housing, including…. inclusionary zoning…” “Strategy 5. Increase the supply of safe and affordable housing by allowing higher- density, mixed use and mixed-income development with City Center and transit corridors, allowing multi-unit housing within transitional zones between residential neighborhoods and commercial / industrial uses.” The proposed amendments advance the availability of safe and affordable housing by allowing for greater flexibility in the development of small lots in the T3 and T3+ Districts. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The majority of the amendments listed above are minor in nature and would not impact future land uses or densities. The allowance for greater flexibility in small lots in the T3 and T3+ district, however, is consistent with the Comprehensive Plan’s designation of this area as “medium to higher intensity, mixed use”, transitioning to “lower intensity, principally residential.” (3) Carries out, as applicable, any specific proposals for any planned community facilities.” The proposed amendment would not impact any specific proposals for planned community facilities. C. Modifications to height standards in the C1-R12, C1-R15, and C1-Auto Districts and removal of minor rootftop apparatus from height calculations; Brief explanation of the proposed bylaw The proposed amendment would modify the height standards in three South Burlington Zoning districts: the C1-R12, C1-R15, and C1-Auto. Specifically: • Increase maximum height in the districts from 40 feet to five stories and remove associate4d height waiver provisions; • Specify that no building shall be more than 1 story taller than the shortest building on adjacent lands in the Residential 4 District, except where separation exists beyond 75 feet; The amendments would also remove minor rooftop apparatus from the calculation of heights. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. 6 The proposed amendment seeks to align the stated goals of the Plan with the effective developability of the parcels in these zones. Current height standards limit the density of housing in areas designated for growth. Furthermore, the zoning districts included in this amendment lie within established transportation corridors. Affordability of housing is often reliant on increased density and a reduction in living expenses, including the costs of transportation. Increased building heights in this corridor, and by extension density, will result in an increase in safe and affordable housing options. Each of the affected zoning districts are located within the Medium-to-Higher Intensity – Mixed Use Future Land Use District in the 2016 Comprehensive Plan. The district is described as follows: “These lands are intended to be the most compact and most intensely developed in the City and support employment. Residential densities are higher than other designations, as a matter of allowance and as a goal. Housing options are varied but focus primarily on multi-family dwellings. Uses should be mixed within the block, and mixed within buildings wherever possible. Infrastructure is efficient, and transportation is emphasized towards pedestrians and cyclists and provision of large scale non-shared parking should be discouraged. Open space are part of the public realm. Building heights, lot coverages, and other building dimensions are higher than other future land use areas.” (p. 3-7) The proposed amendment also affirmatively advances the following objectives and strategies for housing and for this district generally: “Objective 5. Build and reinforce diverse, walkable neighborhoods that offers a good quality of by designing and locating new and renovated housing in a context-sensitive manner that will facilities the development of a high-density City Center, mixed use transit corridors, and compact residential neighborhoods” (p. 2-16)” “Strategy 5. Increase the supple of safe and affordable rental housing by allowing higher- density, mixed use and mixed income development within City Center and transit corridors, allowing multi-unit housing within transitional zones between residential neighborhoods and commercial/industrial land uses.” (p. 2-16) “Objective 39. The majority of new development will occur within the Shelburne Road, Williston Road, and Kennedy Drive Corridors, and other areas within the Transit service area.” (p. 3-4) “East of Victory Drive, land uses are planned to include a mix of residential (on the north side) and non-residential (on the south side. East of Mills Ave, non-residential uses are programmed for both sides of the road. In all of these areas, development should create inviting spaces for residents in nearby neighborhoods to walk to services along Williston Road.” (p. 3-16) “Objective 54. Promote higher-density, mixed use development and redevelopment along Shelburne Road and foster effective transitions to adjacent residential areas.” (p. 3-28) (2) Is compatible with the proposed future land uses and densities of the municipal plan. 7 The proposed amendment seeks to align the stated goals of the Plan with the effective developability of the parcels in these zones. Current height standards are directly limiting the density of housing in this corridor; the stated density goals are restrained by building height limitations and the achievable densities fall below the stated goals. Where densities remain achievable, they are too often accomplished with wider buildings that become more land-consumptive and exacerbate issues associated with increased impervious coverage. As described above, the proposed amendment is compatible with the proposed future land uses and densities of the 2016 Comprehensive Plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendment would not impact any specific proposals for planned community facilities. D. Establishment of an Urban Design Overlay District within portions of the C1-R12, C1-R15, and C1-Auto Districts; Brief explanation of the proposed bylaw The proposed amendment would create a new overlay zone, the Urban Design Overlay District. This district would generally include properties that front on Shelburne Road as well as a small area of land surrounding the Williston Road/Kennedy Drive intersection. The amendment’s stated purpose is to reflect a design which fosters accessibility in the area. More specifically, the amendment: • Requires entries on the façade of the building served by the primary road in the corridor. This entry is to be regulated as a focal point of the front façade and be an easily recognizable feature of the building, served by a walkway; • Requires a minimum amount of glazing on the principal public façade; • Reduce minimum building setbacks from the road right of way; • Establish ‘nodes’ of activity at designated corridors; • Clarify landscaping requirements for properties in the district, particularly where they abut a residential zoning district. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The stated purpose of the overlay district includes the following language: This Overlay aids the City’s vision for the Southwest quadrant, which is to enable infill and conversion development, encourage pedestrian movement, serve local and regional shopping and employment needs, and make use of existing public transportation. The City strongly envisions that the quadrant will also provide safe and inviting access to adjacent neighborhoods. 8 This infill development, carefully crafted with pedestrian principles and aesthetic consideration, will lead to an increase in new housing that is affordable and will also create more opportunities and a better place for adjacent established neighborhoods that account for a large portion of the City’s most affordable family housing. Each of the affected area are located within the Medium-to-Higher Intensity – Mixed Use Future Land Use District in the 2016 Comprehensive Plan. The district is described as follows: “These lands are intended to be the most compact and most intensely developed in the City and support employment. Residential densities are higher than other designations, as a matter of allowance and as a goal. Housing options are varied but focus primarily on multi-family dwellings. Uses should be mixed within the block, and mixed within buildings wherever possible. Infrastructure is efficient, and transportation is emphasized towards pedestrians and cyclists and provision of large scale non-shared parking should be discouraged. Open space are part of the public realm. Building heights, lot coverages, and other building dimensions are higher than other future land use areas.” (p. 3-7) The proposed amendment also affirmatively advances the following objectives and strategies for housing and for this district generally: “Objective 5. Build and reinforce diverse, walkable neighborhoods that offers a good quality of by designing and locating new and renovated housing in a context-sensitive manner that will facilities the development of a high-density City Center, mixed use transit corridors, and compact residential neighborhoods” (p. 2-16)” “Strategy 5. Increase the supple of safe and affordable rental housing by allowing higher- density, mixed use and mixed income development within City Center and transit corridors, allowing multi-unit housing within transitional zones between residential neighborhoods and commercial/industrial land uses.” (p. 2-16) “Design Review / Form Based Codes. The City has successfully implemented several design review districts within its City Center and is in 2015 working to an evolution to an adopted Form Based Code. This effort has proved successful and it is a concept that is proposed to be explored in other areas of the City. It is in the interest of the City to improve its appearance in order to enhance quality of life for the City’s residents, businesses, and visitors.” (pp. 2-48 – 2-49). “Context-sensitive site design. The City should also encourage the retention of historic landscapes and structures and the restoration of other. The use of additional alternatives to achieve improved aesthetics should be explored, such as requiring variable setbacks, the use of high quality traditional building materials, and locating parking to the rear pf commercial establishments. It has been a trend in many sectors of the retail area to construct cheap structural shells that are easily changed to accommodate market fluctuations. The City should work with the development community to identify tools to improve the quality of life within the City and help foster a true sense of community.” (p. 2-49) 9 “Objective 39. The majority of new development will occur within the Shelburne Road, Williston Road, and Kennedy Drive Corridors, and other areas within the Transit service area.” (p. 3-4) “East of Victory Drive, land uses are planned to include a mix of residential (on the north side) and non-residential (on the south side. East of Mills Ave, non-residential uses are programmed for both sides of the road. In all of these areas, development should create inviting spaces for residents in nearby neighborhoods to walk to services along Williston Road.” (p. 3-16) “Objective 54. Promote higher-density, mixed use development and redevelopment along Shelburne Road and foster effective transitions to adjacent residential areas.” (p. 3-28) (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendment implements the community desires established in the City’s Comprehensive Plan. Specifically, the Plan desires that new development will occur in subject corridors. The corridors subject to the Urban Design Overlay District are encouraged within the Plan to use public transportation services, inspire pedestrian movement, and foster effective transitions to adjacent residential areas. More specifically yet, the Plan advocates for the creation of one or more nodes of concentrated development and public activity in these areas. As described above, the proposed amendment is compatible with the proposed future land uses and densities of the 2016 Comprehensive Plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendment would not impact any specific proposals for planned community facilities. E. Modifications to Bicycle Parking standards Brief explanation of the proposed bylaw These minor amendments clarify existing requirements in the design of bike parking facilities, including short term and long-term bike parking. New provisions are included which allow for limited inclusion of pre-existing bike racks in meeting new standards. Location of Amendments in the LDRs: Chapter 13.14 Supplemental Regulations; Appendix G. Analysis & Findings per 24 VSA 4441(c): (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing 10 While the provision of these “end-of-trip” bicycle facilities support the availability of safe and affordable housing by assuring that residents have places to keep bicycles and reduce dependence of vehicle ownership, the included amendments are technical in nature and do not impact the municipal plan or the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to affect future land uses or densities. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. F. Minor Technical Corrections Brief explanation of the proposed bylaw Several minor typographic, numbering, and clarifying changes are proposed throughout the document. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The amendments are technical in nature and do not impact the municipal plan or the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The amendments are technical in nature and do not impact future land uses or densities as discussed in the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The amendments are technical in nature and do not impact specific proposals for any planned community facilities. State of Vermont LAND USE PERMIT CASE No. APPLICANT ADDRESS 4C05Q3 South Burlington Realty Corporation 366 Dorset Street South Burlington, Vermont 05401 LAWS/REGULATIONS INVOLVED 10 VSA, Chapter 151 (Act 250) and Vermont State Board of Health Regulations Chapter 5, Sanitary Engineering Subchapter 1, Public Buildings District Environmental Commission #4 hereby issues a Land Use Permit pursuant to the authority vested in it in 10 VSA, Chapter 151. This permit applies to the lands identified in Book 126, Pages 337-340 of the Land Records of the City of South Burlington, Vermont, as the subject of a deed to South Burlington Realty Corporation, the "permittee" as grantee. This permit specifically authorizes the permittee to construct 3,600' of roadway, with related utilities for a planned commercial development on a 40± acre site off Hinesburg Road and Dorset Street in South Burlington, Vermont. The permittee, its assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. The project shall be completed as set forth in Findings of Fact and Conclusions of Law #4C0503, in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. 2. By acceptance of the conditions of this permit without appeal, the permittee confirms and agrees for itself and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The granting of less than an undivided whole interest in this project is prohibited without prior approval of the District Environmental Commission. 3. This permit hereby incorporates all of the conditions of the Certification of Compliance #4C0503, issued on January 12, 1982 by the Regional Engineer, DiviSion of Protection, Agency of Environmental Conservation, in compliance with Vermont State Board of Health. Regulations, Chapter 5, Sanitary Engineering, Subchapter 1, Public Buildings. Conditions #(1), (3), (6) and (7) are as follows: (1) The subdivision must be completed as shown on the plans Drawing No. 1 through No. 3, No. 5, & No. 7, all dated September 1981; No. 4 dated September 1981, revised January 1982; No. 6 dated September 1981, revised January 1982; and all prepared by Webster Martin Consulting Engineers, and which have been certi- fied by the Division of Protection. No changes shall be made to the approved plans without prior written approval from the Agency of Environmental LAND. USE PERMIT #4C0503 Page 2 Conservation. 43) The. project is: approved to obtain potable water from the ChaMplain Water District provided the water line extension is constructed in accordance with the'Department of Health'S "Letter of Approval" dated November 24, 1981, and issued to Douglas Schner, South. Burlington Realty Corporation. (6) Prior to construction of any unit, complete and satisfactory plans for the interior waste and water distribution plumbing and interior ventialation for each unit are to be submitted to, and written approval received from, the Division of Protection. If the applicant wishes to commence site work, a written request is to be made to the Division of Protection outlining the work to be undertaken, at which time permission can be granted with the under- standing that no construction of the buildings will be allowed until the interior plans have been approved. (7) Prior to the installation of any storm drains or drainage piping, the owner will be required to check with the Permit Section of the Department of Water Resources in Montpelier, Vermont, to deterMine if a Temporary Pollution. Permit will be required for this projdct. 4. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed in accordance with the terms of the permit 5. Upon application for construction on any site the original permittee and the owner or lessee of any site shall submit an updated cumulative impact report to the District Commission. This report shall include the total gross square feet by type, the number of parking spaces, the total sewage allocation, the total estimated stormwater runoff into the drainage swale, the total water consumption, the total average daily vehicle trips (at peak hour). As each lot is developed, the report shall be updated to include the above information for each site and the cumulative total for the project. If the maximum impacts approved in this umbrella permit are exceeded, the permittee must apply for an amendment to this permit prior to construction on any additional site. 6. This permit approves maximum impacts of a cumulative total of 100,000 gross square feet of office or research and development space or 50,000 square-feet of retail commercial space, 500 parking spaces, 50,000 total gallons Per day of sewerage flows, and 50,000 gallons per day of water useage-.. 7. Prior to any site construction the original permittee and the owner or lessee of any site shall make application for a land use permit amendment and receive approval. froM the District Environmental Commission. The proposed construction will be;evaluated under criterion #1 air pollution and waste disposal; criterion #1C, water conservation; criterion #3, water consumption; criterion *4, soil erosion; criterion #5, traffic; criterion #7, fire and police protection and educational services, if applicable; criterion #8, LAND USE PERMIT #4C0503 Page 3 maintenance of the conservation zone, landscaping, lighting, signs, trash container location; criterion 9(T1, energy conservation; criterion 9(6) Public Utilities; and criterion 9(K), public investments. 8. The. permittee shall submit landscaping and lighting plans for the roadways and receive approval from the District Environmental Commission prior to in- stallation. 9. The permittee shall construct a berm to be landscaped with evergreens on the easterly side of the drainageway abutting the 75 Hinesburg Road property. 10. The permittee shall maintain a 100' wide conservation strip along the drainageway. 11. The permittee shall comply with Exhibits #47 and #50 for erosion control. Hay bale dams shall be installed as depicted on the plans prior to commence- ment of construction. All disturbed areas shall be seeded and mulched as soon as possible following disturbance but not later than October 1st of any construction season. All erosion control devices shall be periodic4lly cleaned, replaced, and maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings.and site inspections to review erosion control, and to evaluate and impose additional conditions with respect to erosion control, as they deem necessary. 12. All.outdoor lighting installed within the project shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view substantially beyond the perimeter of the area to be illuminated. 13. Each prospective purchaser or lessee of any site shall be shown a copy of the approved plot plan, the Certification of Compliance, and the Land Use Permit before any written contract of sale is entered. into. 14. No subdivision of lands approved herein shall be permitted without the written approval of the District Environmental Commission. 15. The perMittee shall reference the requirements and conditions imposed by Land Use Permit.#4C0503 in all deeds or leases to future sites. 16. Clearing shall be restricted to that necessary for construction of the road- ways, stumps shall be disposed of above the seasonal high, water table. The Commission shall be notified of the location of disposal if it is not at a State approved landfill. 17. The permittee shall apply and maintain calcium chloride on all roadways within the project during construction and until paved to control dust. 18. Removal of topsoils from the site is prohibited. 19. All construction on the road and utilities for this project must be completed by.Novemher 1, 1982. LAND USELPEFMIT #4C0503 Page 4 20.. This; permit shall expire. on. April 3U, 2012, unlesS extended by the District Commission. 21. Notwithstanding, this permit shall expire one year from date of issuance, if the permittee has not demonstrated an intention to proceed with the project. Dated at Essex Junction, Vermont, this 19th day of April, 1982. By 4"4/Cimeiei Katherine M. Powers, District Coordinator For the District #4 Commission Members participating in this decision: Lincoln Brownell Helen Lawrence Charles Tetzlaff STATE OF VERMONT DISTRICT ENVIRONMENTAL COMMISSION #4 RE: South. Burlington Realty Corporation 366 Dorset Street South Burlington, Vermont 05401 Application #4C0503 Findings of Fact and Conclusions of Law 10 VSA, Chapter 151 (Act 250) On October 30, 1982, an application for an Act 250 permit was filed by South. Burlington Realty Corporation of 366 Dorset Street, South Burlington, Vermont, for a project generally described as a planned commercial develop- ment and the construction of two roadways 3,100' and 500' and utilities on a 40-acre site off of Hinesburg Road and Dorset Street in South Burlington, Vermont. The tract of land consists of 40.56 acres with 40.56 acres involved in the project area. The applicant's legal interest is ownership in fee simple. Under Act 250, projects are reviewed based on the. 10 environmental criteria of 10 V.S.A., ff6086(a) 1 -id. Before granting'a permit, the District Commission Must find that the project complies with these criteria and is not detrimental to the public health,-safety or general welfare. Decisions must be stated in the form of findings of fact and conclusions of law. The facts we have relied upon are contained in the documents on file identified as Exhibits #1 through.#50.and the evidence received at hearings held on December 4, 1981, December 3Q, 1981 and March 26, 1982. Parties to this application are: The applicant by Douglas Schner for South Burlington Realty Corporation; The City of South Burlington; The South Burlington Planning Commission by David Spitz, City Planner; The Chittenden County Regional Plannihg Commission by Arthur Hogan and Mike Munson; The Agency of Environmental Conservation by Dana Cole-Levesque, Land Use Administratorj Adjoining property owner:, Raymond R. Unsworth, Box 241, Burlington, Vermont, under criterion 1(B) in regards to the effect the drainage swale may have upon his property and under criterion 8 in regards to the effect the removal of existing growth may have upon his property; Adjoining property owner, Lake Buick, Inc. of 222 Dorset Street, South Burlington, Vermont, by Charles Shea under criterion 1(B), in regards to the effect storm water runoff may have upon this property, under criterion 1(E) in regards to the effect the redefinition of the stream may have upon this property, under criterion 5 in regards to a proposed access onto Dorset Street, and under criterion 8 in regards the effect the aesthetics of the proposed development may have upon this property; FINDINGS. OF FACT #4C0503 Page 2 Adjoining property owner, Meheler Parkes of Box 528, Shelburne, Vermont, under criterion 1, Air Pollution:, in regards to-the effect the traffic generated from the project may have upon the air quality within her property and under criterion. 5. with regards to the effect the increased traffic may have upOn her property. I4B (previously 12C) party status was requested by-Marcia Smith of 28 Brookwood.Circle4 South Burlington, Vermont, under criterion 1 in regards to the air pollution to be'created by. additional traffic at the Williston and Dorset Street intersection and- under' criterion 5 in regards to the additional traffic on Dorset Street. The Commission found that Marcia Smith had not adequately demonstrated that her interests wound be adversely affected or that Marcia Smith could materially assist the Commission. It was ordered that Marcia Smith be denied 14B party status.. PROJECT DESCRIPTION This planned commercial development, to be known as Corporate Circle, is t be. located on a 40t acre site of. which 27} acres are considered "developable." The applicants estimate that, when fully developed, this project may contain 650;000 gross square feet of'office, research, commercial, retail and/or residential space. The development period is.expected to be ten years. The applicant proposes to.construct.this project.in phases. Phase I will include the construction:of 3,100' of roadways with the related.utilities and a cul-de-sac to be dedicated to the City of South Burlington. Following the umbrella permit:process, the applibants have proposed'a maximum Phase I development of 100,000 gross square feet of office space or 50,000 gross square feet of retail commercial space, 45..000 total gallOns per day of sewerager and 50,000 total gallons per day of water. In making the following findings, we have summarized the 10 criteria of 10 V.S.A., Section 6086. 1. There will be no undue water or air pollution: AIR POLLUTION: = (i) NO parking spaces are planned' at this time; 'As sites are developed within the project, the applicant and the owner or lessee will apply for a permit amendment and-will submit a cumulative impact statement of parking spaces allocation. (ii) The applicant stated that, prior. to the installation of the 501st parking space.within the project, the applicant. will receive an Air Quality Permit. FINDINGS OF FACT #4C0503 Eage 3 WATER POLLUTION: Subcriteria 1(A), 1CD1 and l(F) were found not to be applicable to this project. 1(81 Waste Disposal: Sanitary wastes: Ci) Sanitary wastes will be disposed of through connection to the Airport Parkway municipal treatment plant. The South Burlington City Manager has. Stated that there is sufficient reserve capacity available to service this project (Exhibit #8) (ii.) A Certification of Compliance has been issued by the Division of Protection, which the Commission accepts as evidence that the disposal of wastes into the municipal system meets applicable State Health RegulationS and will not result in undue water pollution. Individual sites within the project are propOsed for deVelopment. Approval shall be obtained under State' Health Department Regulations, Chapter 5, subchapter 1, Public Buildings. Ciii)•The South Burlington Planning Commission has approved a sewer allocation of 10,000 gallons per day for this project for a three-year period. Civ) The applicant has estimated that, when fully developed, this project will require a maximum of 45,000 total gallons per day. (v) As sites are proposed for development within the project, the applicant and owner or lessee will make application for a. permit amendment, which shall include a cumulative impact statement of sewage allocations- Stormwater runoff: (vi) The Department of Water Resources and Environmental Engineering has stated that the construction of the road will not require a Temporary Pollution Permit (Exhibit #55). (vii) The storm sewer system will be constructed as depicted in Exhibits #45, #46, #47 and #48 and will be deeded to the City of South Burlington (Exhibit #28). (viii) As sites are proposed for development within the project, the need for Temporary Pollution Permits, will be examined. Other: Cix) The applicant has not specified where stumps will be disposed of. We will require that If diSposal is not at a state .certified landfill, that the location be identified and stumps be disposed of only above the seasonal high water table. FINDINGS. OF FACT #4C0503 Page 4 1Cci Water Conservation: Cil No buildings, are to be constructed at this. time. As each site is...developed the applicant and the owner or lessee will make application for a permit amendment and such amendment will he reviewed under this. s:ubcriterion. 1(gl Streams: Cil. There is: an existing drainage way, which. the applicant plans to reconstruct as detailed on Exhibit #44, #45, #47 and #48, with rip-rap installed under the road and at the southwest exit point of the swale. (ii) The redesigned drainage will accept street flow stormwater runoff from the development and is designed for a 10 year storm, The stormwater flows through the drainage swale will increase as -a result of this development. However, Such increased-flows should not adversely impact the Lake Buick property (gxhibit #30). (iii) In the area of the property known as 75 Hinesburg Road, the drainage swale will be constructed with a berm on the easterly side. 2-3. There is sufficient water available and no existing water supply will be unreasonably burdened: (i) The applicant has estimated that, when fully developed this project will require a maximum of 50,000 total gallons per day. (ii) The General Manager of.Champlain Water District has stated that there is 50,.000 gallons per day available and that this project will not restrict nor encumber present consumers (Exhibit #7). (iii) As sites are proposed for development within the project, the applicant and owner or lessee will make application for a permit amendment, which shall include a cumulative impact statement of water allocations. 4. There will be no unreasonable_ soil erosion or reffects on the capacity of the land to hold water: (i) This application requests a perMit for the construction of roads and utilities and the reconstruction of the drainage swale. (ii) Construction phase soil erosion controis consist of haybales, mulch and temporary seeding as depicted in Exhibit #50. Permanent soil erosion controls consist of drainageway rip-rap; grading, mulch and permanent seeding and storm drains as depicted in Exhibit #47. FINDINGS. OF FACT #4C050.3 Page 5 (iiil The Commiation finds that if the above-mentioned methodt are implemented as planned, undue soil erosion should not result. (ivl As sites are proposed-for development within the project, individual site plans-will be reviewed under this criterion. S. This project will not cause unreasonable safety or congestion conditions with respect to highkays or other means of transportation: (i) Phase I of this project involves the construction of a 3,100 foot roadway, corporate way, which will access onto Dorset Street and Hinesburg Road and will serve the Corporate Circle development and serve as a connector road. The project also includes the construction of a 500 foot road off of Corporate Way, which will end in a cul-de-sac Corporate Way will carry site-generated-traffic from the project as well as traffic from Hinesburg Road and Dorset Street (Exhibit #36). (ii) The applicant has stated that the .roadways onto which Corporate Way will access can absorb traffic generated from 100,000 grost square feet of office space or 50,000 gross square feet of retail commercial space with modification to existing signalization and roadways (Exhibit #36). (iii) The applicant has not submitted final plans. for improvement to the Dorset Street and Corporate Way intersection-. The South Burlington Planning Commission will review the need for such. improvements prior to approval of development for the first site (Exhibit #28). The South Burlington Planning Commission shall review the'need for further on and off-site traffic improvement as sites are proposed for development (Exhibit #28). UM The access of Corporate Way onto Hinesburg Road will require an access permit from the Vermont Agency of Transportation (Exhibit #42). (v) The South Burlington City Planner has stated that Planning Commission approval contains controls sufficient to prevent Corporate Circle from causing "unreasonable congestion or unsafe conditions with respect to highways (Exhibit #41). evil The Chittenden County Regional Planning Commission has stated that the construction of 50,000 gross square,feet of retail commercial space will cause unreasonable congestion with respect to highways, and has submitted proposed traffic generation conditions (Exhibit #39). (vii) The Commission finds that the traffic conditions regarding this project would establish an additional traffic impact analysis, which would Place an unreasonable burden on the applicant. The Commission further finds: that the traffic review process established for this project by the South Burlington Planning Commission is sufficient to prevent any unreasonable or unsafe conditions with respect to highways. FINDINGS OF FACT #4C0503 Page 6 (viii) As sites within the project are proposed for development, the applicant and owner or lessee will make application for a permit amendment, which shall include a cumulative impact statement of average daily vehicle trips generated on-site and shall incorporate on -and off-site traffic improvements. (ix) This project shall include the dedication of pedestrian rights-of-way to the South Burlington School Department and the inclusion of pedestrian trails. 6-7. There will be no unreasonable burdens on educational or other municipal services: (i) Impact on educational services do not apply to this project. (ii) The applicants will construct the road to City specifications (Exhibit #28) (iii) The South Burlington Fire Chief has stated that the services to be installed are adequate for fire protection (Exhibit #5). (iv). The South Burlington Chief of Police has stated that his department has no objections to this development. (v) As sites within the project are proposed for deVelopment, the applicant and owner or lessee will. make application for a permit amendment and will submit evidence that the Fire Department and Police Department can service for such proposed site develciPment. (vi) The South Burlington City Manager has stated that there is sufficient capatity available to accommodate the flows from this project (Exhibit #8) 8. There will be no undue adverse effects on aesthetics, scenic beauty, historic sites or natural areas: (4) The Deputy Director of the Vermont Division of Historic Preservation has stated that there are no properties of historic - architectural significance, or archeological resources affected by this project (Exhibit #31. (ii) There are no wildlife habitat areas or endangered species areas affected by this project (Exhibit #9). (iii) The site is bounded by intense development presently overgrown with second growth foliage (Exhibit #9). (iv) The project will include a 100' wide conservation - open space zone along the drainage way.(Exhibit #44). FINDING QF FACT #4C01.5.03 Page 7 CvL The berm to be constructed on the easterly side of the drainage swale in the area' of 75 Binesburg Road will be planted with. fast growing evergreen trees: to create a 35" wide visual buffer strip (Exhibit #291. Ora The applicants have not subMitted a landscaping or lighting plan ,for the roadway. Landscaping and lighting plans will be submitted for review and approval prior to installation. (vii) Power will be supplied underground. (viii.) No permanent sign for this project will be constructed along the roadway and the existing temporary sign will be removed. (ix) As sites within the project are proposed for development the applicant and the owner or lessee will make application for a permit amendment to be reviewed under aesthetics, which will include landscaping,isigns4 exterior lighting and trash container location. 9. The project is in conformance with the Capability and Development plan: (i) Subcriteria 911 and 9L were found not to be applicable to this project. 9(A) Impact of Growth: (i) The City,of South Burlington has reviewed this. project under their Capital Improvements. program (Exhibit #40) 9C8, C) Primary Agricultural Soils, Forest and Secondary Agricultural Soils: (i) The Vermont Department of Agriculture has indicated that this site does not contain primary agricultural soils and does not have sufficient agricultural potential (Exhibit #9). 9 CD, E) Earth Resources and Extraction of Earth Resources: (i) Earth resources have not been identified on this site. (ii) The applicant(s) will not remove topsoil from this site. 9(111 Energy Conservation: (i) As sites within the project are proposed for development, the applicant and the owner or lessee will make application for a permit amendment, which shall include evidence under this subcriterion. FINDINGS OF FACT #4C0503 Page 8 9cpx Private OtilitieS,! 0-I The roadway, utilities, stormdrain, drainway and pedestrian easement will be dedicated to the city and will be maintained by the City of South Burlington. Private Utilities: (i) As sites within the project are proposed for development, the applicant and the owner or lessee will make application for a permit amendment which shall include evidence under this subcriterion. 90K1 Public or Quasi-Public Investments: (i) This prdject will result in the dedication to the City of South Burlington roadways, drainageway and pedestrian easements. 10. The project is in conformance with the local or regional plan: Cil The South Burlington Planning Commission has indicated that this project conforms to the local plan (Exhibit #52). CONCLUSIWOF LAW Based upon the foregoing Findings of Fact, it is the conclusion of this District Environmental Commission that the project described in the, application referred to 'above, if completed and maintained in conformance with all of the terms and conditions of that application, and of Land Use Permit #4C0503, will not cause or result in a detriment to public health, safety or general welfare under the criteria described in 10 VSA, §6086(a) and that, pursuant to such section a permit is therefore issued. Dated at Essex Junction, Vermont, this 19th day of April, 1982. in th Pneizi is decision: By Members participating Katherine M. Powers, District Coordinator Lincoln Brownell for the District #4 Commission Helen Lawrence Charles. Tetzlaff (1) STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE CASE NO. 4C0503 ) Certified to comply with Vermont APPLICANT Douglas Schner ) State Board of Health Regulations, ADDRESS South Burlington Realty Corp. 366 Dorset Street ) ) Chapter 5, Sanitary Engineering, Subchapter 1, Public Buildings. South Burlington, VT 05401 This project, known as Corporate Circle, consisting of the development of appro- ximately 40.6 acres, to utilize municipal water and sewer, and shall consist of the creation of approximately 3100 feet of road with a second road of 500 feet to a cul- de-sac, located between Dorset Street and Hinesburg Road in the City of South Burling- ton, Vermont, is hereby certified to satisfy the requirements of the regulations named above if the following conditions are met: The subdivision must be completed as shown on the plans Drawing No. 1 through No. 3, No. 5, & No. 7 all dated September 1981; No. 4 dated September 1981, revised January 1982; No. 6 dated September.1981, revised January 1982; and all prepared by Webster-Martin Consulting Engineers, and which have been certified by the Division of Protection. No changes shall be made to the approved plans without prior written approval from the Agency of Environmental Conservation. A copy of the approved plans and the Land Use Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. The project is approved to obtain potable water from the Champlain Water District provided the water line extension is constructed in accordance with the Depart- ment of Health's "Letter of Approval" dated November 24, 1981, and issued to Douglas Schner, South Burlington Realty Corp. (4) A professional engineer, registered in the State of. Vermont, is to supervise the installation of the exterior wastewater collection system and water supply sys- tem, and upon completion of construction, but prior to the occupancy of any building, the engineer is to make written certification to the Division of Pro- tection, stating all work was completed in accordance with the stamped approved plans. (5) In association with. Condition #4 stated above, the engineer's certification is to include, but not be limited to, the dates of inspections, items inspected, and the results of infiltration/exfiltration testing of the manholes, gravity sewer collection system, and water distribution system. (6) Prior to construction of any unit, complete and satisfactory plans for the interior waste and water distribution plumbing and interior ventilation for each unit are to be submitted to, and written approval received from, the Division of Protection. If the applicant wishes to commence site work, a written request is to be made to the Div-Ps-ton of Protection outlining the work to be undertaken, at which time permission can be granted with the understanding that no construc- tion of the buildings will be allowed until the interior plans have been approved • Certification of Compliance #4C0503 Page 2 (7) Prior to the installation of any storm drains or drainaae piping, the owner will be required to check with the Permit Section of the Department of Water Resources in Montpelier, Vermont, to determine if a Temporary Pollution Permit will be required for this project. Dated at Essex Junction, Vermont, FOR THE DIVISION OF PROTECTION this 12th day of January, 1g82. amps F. Agan, Asst. Regional Engineer /or Ernest P. Christianson, Regional Engineer CC: P. Howard Flanders Katherine Powers City Planning Commission Department of Health Permit Section, Department of Water Resources Fire Prevention Webster-Martin Consulting Engineers tg • DEC- I DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH 60 MAIN STREET BURLINGTON, VERMONT 05401 (802) 862-5701 STATE OF VERMONT AGENCY OF HUMAN SERVICES November 24, 1981 Mr. Douglas Schner So. Burlington Realty Corp. 366 Dorset St. So. Burlington, Vt. 05401 Dear Mr. Schner: Re: Letter of Approval - Corporate Circle, So. Burlington (C.W.D.) A review has been completed of the plans and specifications submitted by Webster Martin Inc. of South Burlington dated September, 1981 with re- visions on pages 2, 3, and 5 dated November 18, 1981 for approximately 3,750' of 8" D.I. water pipe. This is a water main extension to connect C.W.D. in South Burlington to serve the Corporate Circle development. The authority and basis for approval are found in Section 3.0 of the Vermont Health Regulations, Chapter 5, Subchapter 12, entitled, "Public Water System Regulations." These documents are approved with the FOLLOWING CONDITIONS: • 1. The project must be constructed in accordance with the approved plans and specifications. Proposed deviations from the approved plans and specif- ications other than minor field changes must be submitted to this office in writing for review and approval before such changes are made. 2. Construction inspection shall be performed by a competent inspector under the general supervision of a professional engineer. It is the owner's responsibility to guarantee that the inspection is undertaken to insure that the project is constructed in accordance with the approval plans and specif- ications and any authorized change orders. 3. The owner or his authorized representative must submit record draw- ings to this office depicting the system as it was constructed, including field modifications. Record drawings shall be developed by the professional engineering firm which is responsible for observation of construction. Prior to being placed in operation, all new portions of the system must be flushed, pressure tested, disinfected and flushed. Following this pro- cedure, at least two samples for bacteriological testing must be collected Dit-iTRIF"- • 'ThILMISSIONfl APIPLX.' # 410593 EXHIEd # 32. ti DATE: /2,30,81,.. 177777:777;776/KI EvARO l'1,,,Thr:1UN CALOOMAIS11/ DATpS 53NVI1172FC_Ltat400 -APPROVAL guaartno tams AND CONDM01473 OP FINDINGS OP Filer AND corfetusicois OP LAW AND LAND USEPERliar #41C1r0.3 ---.................._ Mr. Douglas Schner - Letter, of Approval Pg. 2 Re: Corporate Circle, So. Burlington November 24, 1981 (in our sample bottles) and sent to our laboratory at 115 Colchester Avenue, Burlington, Vt. 05401 for analysis. Negative results are required before the system is placed "on line" for drinking. Sincerely, Harold E. Sargent, .E. Chief of Technical Services Division of Environmental Health HJ:HES:lc cc: Champlain Water District Webster Martin Inc. Benson Sargent, A.E.C. Ernie P. Christianson, R.E. State of Vermont LAND USE PrRMIT AMENDMENT CASE No. APPLICANT ADDRESS 4C0503-1 South Burlington Realty Corporation 366 Dorset Street South Burlington, Vermont 05401 LAWS/REGULATIONS INVOLVED 10 VSA, Chapter 151 (Act 250) and Vermont State Board of Health Regulations, Chapter 5, Sanitary Engineering, Subchapter 1, Public Building District Environmental Commission #4 hereby issues a Land Use Permit amendment pursuant to the authority vested in it in 10 VSA, Chapter 151. This permit applies to the lands identified in Book 126, Pages 337 to 340, of the Land Records of the City of South Burlington, Vermont, as the subject of a deed to South Burlington Realty Corporation, the "permittee" as grantee. This permit specifically authorizes the permittee to extend the construction completion date for the road and utilities on the previously approved construction of 3,600 feet of roadway and utilities accessing the planned Commercial development of a 40± acre site off of Hinesburg Road and Dorset Street in South Burlington, Vermont. The permittee, its assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. The project shall be completed as set forth in Findings of Fact and Conclusions of Law #4C0503 and #4C0503-1, in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. 2. By acceptance of the conditions of this permit without appeal, the permittee confirms and agrees for itself and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the permittee and all assigns and successor's in interest. 3. All conditions of Land Use Permit #4C0503 remain in full force and effect except for condition #19, which is amended herein. 4. All construction on the roads and utilities for this project must be com- pleted by November 1, 1985. 5. Prior to construction of the roadway, the permittee must file an access permit to be issued by the Vermont Agency of Transportation. LAND USE PERMIT AMENDMENT #4C0503-1 Page 2 6. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant. to 10 V.S.A. g6090(b). Dated at Essex Junction, Vermont this )4i, day of March, 1983. Commissioners participating in this decision: kfilAtia5 Katherine M. Powers / District #4 Coordinator /1-1‘..l‘t 4 / L Lincoln C. Brownell /3, r•ocsderias_,-.c..._./ Helen B. Lawrence ee STATE OF VERMONT DISTRICT ENVIRONMENTAL COMMISSION 10 V.S.A. CHAPTER 151 AGENCY OF ENVIRONMENTAL CONSERVATION DIVISION OF PROTECTION 18 V.S.A. §1218-1220 TO: Municipal Clerk, RE: Land Use Permitiv amen& mit # 400503-2 Town/City of Sonth.Burlington Certification of Compliance f NOTICE OF PERMIT RECORDING As Municipal Clerk for the Town/City of south Burlington Vermont, you are hereby notified that this Notice of Permit Recording, Land Use Permit 4/ 4001603-2 , and Certification of Compliance are to be recorded in the Municipal Land Records under the authority of 27 V.S.A. §603-605. The grantor(s) shall be South Burlington Realty Corp and Shaun Poon,whose lands are' (landowner) China Lite, Inc. , identified in Book(s) 181 Page(s) 145-149 and the grantees shall be the State of Vermont, District f 4 Environmental Commission, and Agency of Environmental Conservation. The grantor(s) and the grantees shall be listed in the index in the Claimant's Book and in the general index for deeds. The grantees' interests are limited to the lands of the grantor(s) identi- fied in the Book(s) and Page(s) specified above and the proposed improvements as delineated in Land Use Permit 6.400503-2 and the attached Certificatiom• of Compliance issued under the authority of 10 V.S.A. Cliapter 1 51 , and 18 V.S.A. §1 218-1 220 and the Environmental Protection Rules. I swear that, to the best of my information and belief, the statements made above are true. Dated at Essexa:motion , Vermont, this 7th day of October 1983 District Coordinator vol. 191 Page 1.3.$8 Vol. 191 Foxe 349 State of Vermont LAND USE PERMIT AMENDMENT CASE No. 4C0503-2 LAWS/REGULATIONS INVOLVED APPLICANT South Burlington Realty Corporation ADDRESS 366 Dorset Street South Burlington, Vermont 05401 AND Sheun Poon China Lite, Inc. Colonial Plaza West Lebanon, New Hampshire 03784 10 V.S.A., Chapter 151 (Act 250) and Environmental Protection Rules Chapter 3, Subdivisions, Chapter 4, Public Buildings 64.03(A) (2) SITE AND FOUNDATION APPROVAL ONLY and 'Chapter 9, Plumbing District Environmental Cofflmission 44 hereby issues a Land Use Permit Amendment pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit. applies to the lands identified in Book 181, Pages 145-149, of the Land Records of the City of South Burlington, Vermont, as the subject of a deed to South Burlington Realty Corporation and under option to Sheun Poon, the "permittees" as grantees. This permit specifically authorizes the permittees to commence site work and foundation construction for a 9,600 square foot restaurant with associated parking for 131 vehicles, 1,600 feet of roadway and a 500 foot access drive. The restaurant will be located on Corporate Way, within a planned commercial development known as Corporate Circle and located between Dorset Street and Hinesburg Road in South Burlington,' Vermont. The permittees, their assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. The project shall be completed as set forth in Findings of Fact and Conclusions of Law #4C0503 and #4C0503-2, in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. 2. By acceptance of the conditions of this permit without appeal, the permittees confirm and agree for themselves and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the permittees and all assigns and successors in interest. fol 181 'age - LAND USE PERMIT AMENDMENT #4C0503-2 Page 2 3. This permit hereby incorporates all of the conditions of the Certification of Compliance 44C0503-2, issued on September 19, 1983 by the District Administrator, Division of Protection, Agency of Environmental Conservation, in compliance with Vermont Environ- mental Protection Rules and approving the subdivision. Conditions 6(1), (2) and (3) of said Certification are as follows: (1) The subdivision must be completed as shown on the plans DRAWING NO. 1 prepared by Webster-Martin, Inc. in September, 1981, revised on August 10, 1983, and which have been certified by the Division of Protection. No changes shall be made to the approved plans without prior written. approval from the Agency of Environmental Conservation. (2) Each prospective purchaser of the lot shall be shown a copy of the approved plot plan, the engineer's site report and the Land Use Permit before any written contract of sale is entered into. (3) This Certification of Compliance approves the creation of Lot #1, being 2.0 acres in size, but does not authorize the construction of any buildings on this lot until complete and satisfactory interior plans for waste.and water distribution plumbing and ventilation for toilet rooms and appropriate site plans depicting the building location along with sewer and water services have been submitted to and approved by the Agency of Environmental Conservation as required by Condition #6 of Certification of Compliance.#4C0503 dated January 12, 1983, 4. This permit hereby incorporates all of the conditions of the site work and foundation construction approval letter issued on October 4, 1993 by the District Administrator, Division of Protection, Agency of Environmental Conservation, in compliance with Vermont Environmental Protection Rules, Public Buildings, Section 5-651(a)(2) EXCEPTION. No further construction beyond site work and foundation construction is permitted until a written Certification of Compliance is issued by the Division of Protection and incorporated into this permit by amendment. 5. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed in accordance with the terms of the permit. Vol. 191 Pare ,1,51 LAND USE PERMIT AMENDMENT 44C0503-2 Page 3 6. The permittees and all assigns and successors in interest, shall install and maintain water-conserving plumbing fixtures including but not limited to low-flush toilets, low-flow shower- heads, and aerator-type or flow-restricted faucets. All deeds for this building shall require the maintenance of the same. 7. The heated structure approved herein shall be constructed with double-glazed windows and with insulation with an R-Value of at least R-19 in the exterior walls, at. least R-38 in the roof or cap, and shall comply with ASHRAE 90-80 standards. 8. The permittees and all assigns and successors in interest shall continually maintain the landscaping substantially as approved in Exhibit 429E by replacing any dead or diseased plantings as soon as seasonably possible. 9. The permitteeh shall comply with Exhibit $29B for erosion control. Hay bale dams shall be installed as depicted on the plans within 24 hours of grading of the drainage swales, All disturbed areas shall be seeded with winter rye and mulched as soon as possible following disturbance but not later than December 15th of any construction season. All erosion control devices shall be periodically cleaned, replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections to review erosion control, and to evaluate and impose additional conditions with respect to erosion control, as they deem necessary. 10. The permittees shall apply to the District Commission for approval prior to instituting any change in the use of the building which would cause noxious or unhealthy emission into the air or injection of toxic wastes into the soils. 11. Sheun Poon shall record his instrument of ownership or control in the tract of land in the Land Records of the City of South Burlington prior to commencement of construction and/or subdivision. 12. The permittees shall provide a copy of the Temporary Pollution Permit to the District Environmental Commission prior to commence- ment of construction. 13. All outdoor lighting shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view substantially beyond the perimeter of the area to be illuminated. 14. The permittees shall supply sign plans to the District Commission for approval prior to the installation of any sign, and shall construct the project in accordance with those plans as approved. The Commission may request a hearing to consider said plans. )1. 191 'He LAND VSE PERMIT AMENDMENT 4400503-2 Page 4 15. Removal of topsoil from the site is prohibited. 16. All construction on this project must be completed by October 31, 1984. 17. This permit shall expire on April 30, 2012, unless extended by the District Commission. 18. Notwithstanding, this permit shall expire one year from date of issuance, if the permittees have not demonstrated an intention to proceed with the project. 19. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., 66090(b). Dated at Essex Junction, Vermont, this 7114 day of October, 1983. Commissioners participating in this decision: By a Katherine M. Vose District Environmental Coordinator for the District Commission 44 Lincoln C. Brownell Helen B. Lawrence Received for Record October 11, 1983 at 11:20 a.,,. Attest, STATE OF VERMONT DISTRICT ENVIRONMENTAL COMMISSICN #4 RE: South Burlington Realty Corporation. 366 Dorset Street South Burlington, Vermont 05401 AND Sheun Poon China Lite, Inc. Colonial Plaza West Lebanon, New Hampshire 03784 Amendment Application #4C0503-2 Findings of Fact and .Conclusions of Law and Order 10 V.S,A., Chapter 151 (Act 250) I. INTRODUCTION On August 31, 1983, an application for an Act 250 permit amendment was filed by South Burlington Realty Corporation of 366 Dorset Street, South Burlington, Vermont, and Sheun Poon, China Lite, Inc Colonial Plaza, West Lebanon, New Hampshire, for a project generally described as the subdivision of a two acre parcel and the construction of a 9,600 square foot restaurant with associated parking for 131 vehicles, development of 1,600 linear feet of roadway and 500 feet of access drive. The project will be located on Corporate Way, within a planned commercial development located between Dorset Street and Hinesburg Road in South Burlington, Vermont. The tract of land involved with the planned commercial develop- ment consists of 40.56 and the tract of land involved with this amendment application consists of two acres. Under Act 250, this application is to be reviewed only on criteria (AMPCELUTION), 10”,1(C), 3, 4, 5, 7, 8, 9(F), 9(G) and 9(K) of 10 V.S.A., §6086(a) as stipulated by condition #7 of Land Use Permit #4C0503. Before granting a permit, the District Commission must find that the project complies with these criteria and is not detrimental to the public health, safety or general welfare. Decisions must be stated in the form of findings of fact and conclusions of law. The facts the Commission has relied upon are contained in the documents on file identified as Exhibits #1 through #30, and the evidence received at a hearing held on September 20, 1983. The September 20, 1983 hearing was recessed pending the receipt of additional information. The hearing was adjourned on October 4, 1983 upon receipt of such information. Parties to this application are the applicants, by John Caulo of South Burlington Realty Corporation and Guy Teschmacher and John Thetford of Northern Design, Inc.; the City of South Burlingt the South Burlington Planning Commission; the Chittenden County Regional Planning Commission; and the Agency of Environmental Conservation by Dana Cole-Levesque, Land Use Administrator. FINDINGS OF FACT #4C0503-2 Page 2 II. FINDINGS OF FACT In making the following findings the Commission has summarized the statutory language of criteria 1(AIR POLLUTION), 1(B), 1(C), 3, 4, 5, 7, 8, 9(F), 9(G) and 9(K) of the 10 criteria of 10 V.S.A., §6086(a) as stipulated by condition #7 of Land Use Permit #4C0503, 1. Water and Air Pollution AIR POLLUTION: (i) This amendment application involves the installation of 131 parking spaces. Land Use. Permit #4C0503 involves a maximum of 500 parking spaces within this planned commercial development. No other parking spaces have been installed within this planned commercial developmen Therefore, this project is within the approved maximum cumulative impact (Exhibits #5 and #6), (ii) The restaurant will be heated and cooled with a gas- fired multi-zone system (testimony of applicant). (iii) The Commission finds that this project, as proposed, will not result in undue air pollution. WATER POLLUTION: (B) Waste Disposal; (i) The estimated 9,700 gallons per day of sanitary wastes will be disposed of through connection to a municipal treatment plant. Land Use Permit #4C0503 approved a maximum cumulative impact of 50,000 gallons per day for the planned commercial development and the City of South Burlington has allocated this development 10,000 gallons per day. This project is within the approved allocation (Exhibits #5 and #6). A Certificati n of Compliance approving the subdivision and a letter approving site work and foundation construction have been issued which the Commission accepts as evidence that the disposal of wastes meets the applicable Environmental Protection Rules for connection to a municipal treatment plant and will not result in undue water. pollution (Exhibit #31). (ii) The site is relatively flat. Stormwater runoff will be directed into grassed drainage swales prior to discharge in an existing drainage swale. A Temporary Pollution Permit will be issued, which the Commission will accept as evidence that the project complies with FINDINGS OF FACT #4C0503-2 Page 3 applicable water resources department regulations and the Commission will require that this permit be filed with the Commission prior to commencement of constructior (iv) The Commission will require that all stumps will be disposed of on-site above the seasonal high water table or at a State approved landfill so as to prevent ground- water pollution. (v) The Commission finds that this project will meet applicable water resources department regulations and will not result in the injection of waste materials or harmful or toxic substances into ground water or wells. (C) Water Conservation: (i) Water conserving plumbing fixtures have been specified for this building (Exhibit #5) and the applicants have agreed to require the continued maintenance of these fixtures. (ii) The Commission finds that this project utilizes the best available technology for water conservation 2-3. Impact on Existing Water Supply: (i) This restaurant will utilize 9,700 gallons per day of water. Land Use Permit #4C0503 approved a maximum cumulative impact of 50,000 gallons per day of water usage for the planned commercial development. This project is within that approved allocation (Exhibits #5 and #61. (ii) The Commission finds that there is sufficient water available to meet the needs of this project and that this project will not place an unreasonable burden on existing supplies. 4. Soil Erosion and the Capacity of the Land to Hold Water: (i) The project site is relatively flat and the majority of the site will be disturbed during construction. The applicant will mulch and seed the drainage swales and will place staked hay bales within the drainage swale at 100' intervals during construction. Permanent erosion controls consist of the stormwater system (Exhibits #29E and #5). (ii) The Commission finds that it must require additional measures regarding soil erosion by condition to insure that undue erosion should not result. FINDINGS OF FACT #4.00503-2 Page '4 5. Transportation: (i) Except for highways, no other means of transportation will be involved. • (ii) The applicant has conducted a traffic study, which estimated that the restaurant will generate an average of 374 vehible trips per day entering and 375 exiting, with an average of 38 vehicle trips entering and 23 exiting during the evening peak hour. Land Use Permit #4C0503 approved a maximum cumulative impact of 50,000 gross square feet of retail space or 100,000 gross square feet of office space as a determinant of traffic generation. This project involves the con- struction .of 9,600 square feet of restaurant space, which the Commission considers to be a retail use, and is, therefore,'within that approved allocation (Exhibits #5, #6 and #10). (iii) The Vermont Agency of'Transportation has indicated that, as the road within this planned commercial development (Corporate Way) will not access onto Dorset Street at this time, the Agency has no jurisdiction (Exhibit #19). (iv) The traffic study (Exhibit #10) recommended changes to the existing traffic signal at the Dorset Street/ Corporate Way intersection, The South Burlington Planning CommisSion has conditioned its approVal.to require such improvements as well as a turn-around, a bypass lane and financial contributions for the improvement of Dorset Street (Exhibit #8). (v) The Commission finds that this restaurant will not cause unreasonable congestiOn or unsafe conditions with respect to transportation. 6-7. Educational and Municipal-Services: (i) The Commission finds that Findings of Fact #4C0503, dated April 19, 1982, under criteria #6 and #7 with regard to educational services and municipal water and sewer services are not changed by this amendment application. (ii) The South Burlington Fire Chief and Police Chief have stated that the services of their respective departments can be provided to this restaurant (Exhibits #15 and #11) FINDINGS OF FACT #4C0503-2 Page 5 (iii) The Commission finds that this restaurant will not place an unreasonable burden on the ability of the municipality to provide educational, municipal or governmental services. 8. Aesthetics, Scenic Beauty, Historic Sites and Natural Areas: (i) The Commission finds that Findings of Fact #4C0503, dated April 19, 1982, under this criterion with regard to historic sites, necessary wildlife habitat, and rare and irreplaceable natural areas, is not changed by this amendment application. (ii) The restaurant will be landscaped as outlined in Exhibit #29B and the applicant has agreed to continually maintain the landscaping as approved. (iii) The exterior of the buildings will be of a cream color with a green tile roof and will be constructed as depicted in Exhibit #28 (testimony of applicant). (iv) A design for the sign has not been finalized and the Commission will require that the applicants submit the design for approval prior to installation. (v) Exterior lighting will consist of cut-off luminaires on 15' high poles and will be installed as depicted on Exhibit(s) #29 and #27. All fixtures will have concealed light sources and power will be supplied underground. (vi) Trash containers will be located as depicted on Exhibit #29B and screened with wood fencing. (vii) The Commission finds that this restaurant will not have .an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, or rare and irreplaceable natural areas. 9. Conformance with the Capability and Development Plan: (F) Energy Conservation: (i) The restaurant will be constructed with an insulation "R" factor of at least R-19 in the walls and at least R-38 in the roof or cap and will meet ASHRE 90-80 standards, Additional measures to conserve energy include double-glazed windows (testimony of applicant). FINDINGS OF FACT #4C0503-2 Page 6 (G) Private Utility Services: (i) The roadway, Corporate Way, will be maintained by South Burlington Realty Corporation until the City of South Burlington accepts it as a public street. This application involves the construction of 500' access road and South Burlington Realty Corporation will be responsible for the maintenance of this road, as approved (Exhibit #5). (K) Development Affecting Public Investments: (i) The Commission finds that the impacts from the proposed restaurant fall within the cumulative impacts for this planned commercial development, which were approved in Land Use Permit #4C0503 and, therefore, this project will not interfere with the function of South Burlington public roads. III. CONCLUSION OF LAW Based upon the foregoing Findings of Fact, it is the conclusion of this District Environmental Commission that the project described in the application referred to above, if completed and maintained in conformance with all of the terms and conditions of that application, and of Land Use Permit #4C0503-2 will not cause or result in a detriment to public health, safety or general welfare under the criteria described in 10 V.S.A.., §6086(a IV. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, Land Use Permit Amendment #4C0503-2 is hereby issued. Dated at Essex Junction, Vermont, this 1641 day of October, 1983. Commissioners participating in this decision: By Lincoln C. Brownell atherine M. Vose Environmental Board Coordiriato for the District Commission #4 -4,151-c„ 63 0772440 Helen B. Lawrence STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE Re: 4C0503-2- Certified to comply with: South Burlington Realty Corp. Environmental. Protection Rules, & 366 Dorset Street Chapter 3 - Subdivisions South Burlington, VT 05401 This project, consisting of creating one lot, identified as Lot #1 and being within the development referred to in Certification of Compliance 4C0503 for a restaurant known as China Lite, located along Corporate Way in the City of South Burlington, VT, is hereby certified to satisfy the requirements of the regulations named above if the following conditions are met: (1) The subdivision must be completed as shown on the plans prepared by Webster-Martin, Inc. in September, 1981, revised and which have been certified by the Division of Protection. be made to the approved plans without prior written approval .of EnvironMental Conservation. DRAWING NO. 1 on August 10, 1983, No changes shall from the Agency (2) Each prospective purchaser of the lot shall be shown a copy of the approved Plot plan, the engineer's site report and the Land Use Permit before any written contract of sale is entered into. (3) This Certification of Compliance approves the creation of Lot #1, being 2.0 acres in size, but does not authorize the construction of any buildings on this lot until complete and satisfactory interior plans for waste and water distribution plumbing and ventilation for toilet rooms and appropriate site plans depicting the building location along with sewer and water services have been submitted to and approved by the Agency of Environmental Conservation as required by Condition #6 of Certification of Compliance 4C0503 dated January 12, 1983. Dated this nineteenth day of September, 1983, in the Town of Essex Junction, Ver- mont. FOR THE DIVISION OF PROTECTION gc-t-cd-rAat;i9tetati Ernest P. Christianson District Administrator EPC/ksg cc: Donald Robisky Michael Zahner City of South Burlington Department of Health Fire Prevention Webster-Martin, Inc. CASE NO. NO. APPLICANT ADDRESS State of Vermont LAND USE PERMIT AMENDMENT 4C0503-3 South Burlington Realty Corporation 366 Dorset Street South Burlington, Vermont 05401 LAWS/REGULATIONS INVOLVED 10 V.S.A., Chapter 151 (Act 250) and Vermont State Environmental Pro- tection Rules; Chapter 4, Public Buildings, Chapter 7, Sewage Disposal Chapter 8, Water Supply District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4C0503-3 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 126, Pages 337 to 340 of the land records of the City of South Burlington, Vermont, as the subject of a deed to South Burlington Realty Corporation, the "permittee" as "grantee". This permit specifically authorizes the Permittee to extend the construction completion date for the road and util- ities on the previously approved construction of 3,600 feet of roadway and utilities for a planned commercial development of a 40 +/- acre site off of Hinesburg Road and Dorset Street in South Burlington, Vermont. The permittee, its assigns and successors in interest, are obli- gated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permits #4C0503 through #4C0503-2A remain in full force and effect except as amended herein. 2. The Permittee will prevent the transport of any sediment be- yond the area necessary for construction. 3. All construction on this project must be completed by November 1, 1987. 4. This permit shall expire on April 30, 2012, unless extended by the District Commmission. Notwithstanding the latter date, this permit shall expire one year from date of issuance if the Permittee has not demonstrated an intention to proceed with the project. In any event, substantial construction must occur within two years of the issuance date. BY T. Ewing, 'strict #4 Co an s •n Raymond' S. Stewart Environfnental Board Assistant District Coordinator District #4 Commission RSS/aml Page 2 Land Use Permit Amendment #4C0503-3 5. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090(b). Dated at Essex Junction, Vermont, this ;`day of March, 1986. Other members participating in this decision: Helen B. Lawrence Richard H. Wadhams State of Vermont CTATE or VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE CASE NO. 4C0503-4 LAWS/REGULATIONS INVOLVED APPLICANT China Lite Vermont, Inc. Environmental Protection Rules ADDRESS 5 Corporate Way Chapter 4 - Public Buildings So. Burlington, VT 05401 Chapter 9 - Plumbing This project consisting of relocating the bar within the existing lounge (seating capacity for the lounge and restaurant remains as previously approved) within the China Lite Restaurant located at 5 Corporate Way in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions: GENERAL (1) The project must be completed as shown on the plans Bar Wait Layout, Bar Waste Riser Diagram and Water Riser Diagram prepared by Gary Pape, Master Plumber and which have been stamped APPROVED by the Division of Protection. No alteration of these plans shall be allowed except where written application has been made to the Agency of Environmental Conservation and approval obtained. (2) A copy of the approved plans and the Certificate of Compliance shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or Local personnel. (3) The Vermont Department of Health is to be contacted in regard to any regulations and/or licenses required by their department. (They may be reached at 60 Main Street, Burlington, Vermont, or by phoning 802-863-7220.) PLUMBING ( 4 ) The Division of Protection is to be notified prior to the closing or covering of any waste plumbing so that we may inspect the workmanship. ( 5 ) The Master Plumber responsible for the interior plumbing shall provide the owner of the project a written certifica- tion stating that the work has been done in accordance with the approved plans and the Environmental Protection Rules, Effective September 10, 1982. (6) The applicant is reminded that all plumbing material and workmanship must meet the standards of the Environmental Protection Rules, Chapter 9, Plumbing; the National Plumbing Code; and the requirements of the Vermont Fire Prevention Section of the Department of Labor and Industry. (7) No alterations to the existing building which would change or affect the interior waste plumbing, water supply, or wastewater disposal shall be allowed without prior review and approval from the Agency of Environmental Conservation. Dated in the Village of Essex Junction, Vermont this 19th day of May, 1986. FOR THE DIVISION OF PROTECTION ApF:RoyED v :30/RD n' -‘ 1 :ON :01.3.ACCOM MISSION -v 1LcsiT Ernest P. Chris Taneen Regional Eng ilh4VPROVAL SiI5.1PCT 1•CLMRMS AND iouNDi news , Off FINDINGS OF FACT AND CONCLUSIONSOf, Lf....AStr AND LAND t."),IT,Iiii,ILL4.7, CO Ca, cc: Donald Robisky Katherine Vose Dept. of Health Dept. of Labor and Industry 5< State of Vermont ,61 Y1/ LAND USE PERMIT LAWS/REGULATIONS INVOLVED 10 V.S.A., Chapter 151 (Act 250) CASE NO. 4C0503-5 APPLICANT South Burlington Realty Corporation ADDRESS 366 Dorset Street So. Burlington, Vt. 05401 District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4C0503-5 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 126, Pages 337- 340 of a deed to South Burlington Realty Corporation, the "permittee" as "grantee". This permit specifically authorizes the permittee to extend the construction completion date for the road and utilities on the previously approved construction of 3,600 feet of roadway and utilities for a planned commercial development of a 40± acre site off of Hinesburg Road and Dorset Street in South Burlington. The permittee, its assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permits #4C0503 through #4C0503-4 remain in full force and effect as amended herein. 2. The permittee will prevent the transport of any sediment beyond the area necessary for construction. 3. All construction on this project must be completed by November 1, 1989. 4. This permit shall expire on April 30, 2012, unless extended by the District Commission. Notwithstanding the latter date, this permit shall expire one year from the date of issuance if the Permittee has not demonstrated an intention to proceed with the project. In any event, substantial construction must occur within two years of the issuance date. 5. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090 (b). Dated at Essex Junction, Vermont, this U, day of March, 1988. BY BY Evan C. Archer, an District #4 Commis ion Louis Borie District Coordinator District #4 Commission State of Vermont LAND USE PERMIT CASE NO. 4C0503-6 LAWS/REGULATIONS INVOLVED APPLICANT South Burlington Realty Co. 10 V.S.A., Chapter 151 ADDRESS 366 Dorset Street (Act 250) South Burlington, VT 05403 District Environmental Commission #4 hereby issues Land Use Permit Amendment #4C0503-6, pursuant to the authority vested in it by 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 126, Page 337-340, of the land records of the City of South Burlington, Vermont, as the subject of a deed to South Burlington Realty Co., the "Permittee" as "Grantee". This permit specifically extends the construction completion date for the roadway and infrastructure improvements for the project to November 1, 1993. The Permittee, and its assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permit #4C0503 and amendments are in full force and effect except as amended herein. 2. The project shall be completed, operated and maintained as set forth in Findings of Fact and Conclusions of Law #4C0503-6, in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. 3. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accordance with the terms of the permit. 4. By acceptance of this permit the Permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. Land Use Permit #4C0503-6 Page 2 5. By acceptance of the conditions of this permit without appeal, the Permittee confirms and agrees for itself and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittee and all assigns and successors in interest. 6. Corporate Way shall not be opened to the public as a link between Dorset Street and Hinesburg Road prior to the completion of the Corporate Way/Hinesburg Road intersection improvements identified in Exhibit #2() 7. No further subdivision or development of any lands permitted herein shall be authorized without the prior written approval of the District Environmental Commission. 8. All construction on this project must be completed by November 1, 1993. 9. This permit shall expire on March 1, 2022 unless extended by the District Commission. Notwithstanding the latter date, this permit shall expire two years from date of issuance if substantial construction has not occurred, unless construction is delayed by litigation to secure other permits. 10. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090(b). Dated at Essex Junction, Vermont, this //day of February 1992. 6,4_,A%c• Lynn Whalen, Acting Chairman District #4 Commission Commissioners participating in this decision: Patricia Tivnan Louis Borie District #4 Coordinator b:4C0503-6.pmt By / STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION #4 RE: South Burlington Realty Co. Application #4C0503-6 366 Dorset St. Findings of Fact and South Burlington, VT 05403 Conclusions of Law and Order 10 V.S.A., Chapter 151 (Act 250) I. INTRODUCTION On November 20, 1991, an application for an Act 250 permit was filed by South Burlington Realty Co. for a project generally described as the extension of the construction completion date for Land Use Permit #4C0503-5 from November 1, 1989 to November 1, 1993. The application was filed pursuant to the District Commission's September 20, 1990 Memorandum of Decision and Order #4C0503-6. The project is located off Dorset Street in the City of South Burlington, Vermont. The tract of land consists of 39.5 acres with 39.5 acres involved in the project area. The applicant's legal interest is ownership in fee simple described in a deed recorded on February 13, 1976 in the land records of the City of South Burlington, Vermont. Under Act 250, projects are reviewed based on the 10 criteria of 10 V.S.A., Section 6086(a) 1-10. Before granting a permit, the District Commission must find that the project complies with these criteria and is not detrimental to the public health, safety or general welfare. Decisions must be stated in the form of Findings of Fact and Conclusions of Law. The facts we have relied upon are contained in the documents on file identified as Exhibits #1 through #33, and the evidence received at a hearing held on January 15, 1992. At the end of the hearing, the proceeding was recessed pending submission of additional information. The hearing was adjourned on February 10, 1992 upon receipt of the additional information and completion of Commission deliberations. Parties to this application who attended the hearing are: The Applicant by John Jaeger. The Chittenden County Regional Planning Commission by Arthur Hogan, Jr., Executive Director. Findings of Fact and Conclusion of Law and Order #4C0503-6 Page 2 II. FINDINGS OF FACT Pursuant to the Commission's January 7, 1992 Memorandum to All Parties, the taking of evidence at the hearing was limited to Criteria 5 and 9(K) only. The following findings are, therefore, limited to these two criteria. In making the following findings, the Commission has summarized the statutory language of the 10 criteria of 10 V.S.A., Section 6086(a): SECTION (a)(5) TRANSPORTATION AND SECTION 6086(a)(9)(K) DEVELOPMENT AFFECTING PUBLIC INVESTMENTS: The Commission finds that this project will not cause unreasonable congestion or unsafe conditions with respect to transportation and the Commission finds that this project will not unnecessarily or unreasonably endanger the public or quasi- public investment or materially jeopardize or interfere with the function, efficiency, or safety of, or the public's use or enjoyment of or access to the area public road system. 1. Sight distances at the access of the new road, Corporate Way, onto Dorset Street and Hinesburg Road (RT. 116) are adequate in both directions feet (Exhibit #21 and #23). 2. The Corporate Way/Dorset St. intersection is fully signalized and will be improved as a part of the Dorset Street project approved under Land Use Permit #4C0607R. With the planned improvements, this intersection will operate at Level of Service C or better under all of the eight development scenarios analyzed by Resource Systems Group RSG. (Exhibit #23) 3. RSG has identified the need for a signal and geometric improvements to the proposed Corporate Way/Hinesburg Road intersection. The improvements include a northbound left turn land on Hinesburg Rd. and a left turn lane for traffic exiting Corporate Way onto Hinesburg Rd. With the improvements, this intersection will operate at Level of Service C in the 1995 design hour. (Exhibit #21) 4. The Vermont Agency of Transportation (VAOT) has given conceptual approval of the proposed Corporate Way/Hinesburg Road intersection improvements. (Exhibit #26) Findings of Fact and Conclusion of Law and Order #4C0503-6 Page 3 5. The District Commission will require that the Corporate Way/Hinesburg Road intersection improvements be completed prior to the opening of Corporate Way as link between Dorset Street and Hinesburg Road. III. CONCLUSION OF LAW Based upon the foregoing Findings of Fact, it is the conclusion of this District Environmental Commission that the project described in the application referred to above, if completed and maintained in conformance with all of the terms and conditions of that application, and of Land Use Permit 4C0503-6, will not cause or result in a detriment to public health, safety or general welfare under the criteria described in 10 V.S.A., Section 6086(a). IV. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, Land Use Permit #4C0503-6 is hereby issued. Dated at Essex Junction, Vermont, this day of February 1992. / . :)/0\ Lynn-- alen Acting Chair District #4 Commission -/eLL Louis Borie District #4 Coordinator Commissioners participating in this decision: Patricia Tivnan wp:4C0503-6.ff EXHIBIT LIST FOR APPLICATION # 4C0503-6 Page 1 E D R E A=APPLICANT X A E N T=TOWN H T C T TPC=TOWN PLANNING COMMISSION I E E E RPC=REGIONAL PLANNING COMMISSION B I R AEC=AGENCY OF ENVIRONMENTAL CONSERVATION I V E AOT=AGENCY OF TRANSPORTATION T E D DPS=DEPARTMENT OF PUBLIC SERVICE D ANR=AGENCY OF NATURAL RESOURCES N B VDH=VERMONT DEPARTMENT OF HEALTH 0. NATURE OF EXHIBIT DATE ENTERED 10 11 12 13 14 15 16 17 6 7 8 9 1 2 3 ANR C A C A A A A A C 18 01/03/92 C Land Use Permit Application (05/31/90) Schedule A - Fee Information Letter from Gregory A. Dicovitsky, So. Burlington Realty Company to District #4 Commission (05/31/90) Certificate of Service by Gregory Dicovitsky (06/01/90) Letter from Joe Weith, City Planner, So. Burlington to Gregory Dicovitsky, So. Burlington (05/31/90) #4C0503 Findings of Fact, Annotatal Schedule E Abutting Property Owners Letter by John Jaeger, South Burlington Realty Company to Louis Borie (11/20/91) Schedule B - Additional Act 250 Information - Criteria 1(B), 2/3, 5, 6, 7, 10 Letter by Joe.Weith, City Planner, City of South Burlington to John Jaeger (11/15/91) Letter by Todd Sternbach, Environmental Engineer, ANR to John Jaeger (05/09/91) Letter by Tracy Bessette, Administrative Assistant, City of South Burlington to John Jaeger (09/07/90) Letter by James Fay, Operations Manager, Champlain Water District to John Jaeger (09/26/90) Letter by Joe Weith, City Planner, City of South Burlington to Greg Dicovitsky (05/31/90) City of South Burlington 1991 Comprehensive Plan Chittenden County Regional Plan (adopted 11/12/91) Act 250 Municipal Impact Questionnaire (11/20/91) Letter by Joe Weith, City Planner, City of South Burlington to Louis Borie (12/31/91) 4 5 06/01/90 06/10/90 11/21/91 11/21/91 A 11 41 EXHIBIT LIST FOR APPLICATION # 4C0503-6 PAGE # 2 DATE E C E I R E D E N T E R E D B A = APPLICANT T = TOWN EC = ENVIRONMENTAL CONSERVATION TPC = TOWN PLANNING COMMISSION RPC = REGIONAL PLANNING COMMISSION ANR = AGENCY OF NATRUAL RESOURCES AOT = AGENCY OF TRANSPORTATION DPS = DEPARTMENT OF PUBLIC SERVICE VDH = VT DEPARTMENT OF HEALTH E X H I B I T N 0. NATURE OF EXHIBIT DATE ENTERED AOT C A AOT A A A A Letter by Donald Allen, Project Supervisor Utilities Section, AOT to Charles Hafter (01/09/92) Letter by Charles Hafter, City Manager, City of South Burlington to Donald. Allen and' attchnients (12/30/91) Memorandum by Norman Marshall, Resource Systems Group Inc. to John Jaeger re: Corporate Way & Hinesburg Road Intersection and attachments (12/12/91) Letter by John Jaeger, South Burlington Realty Company to Louis Borie and attachments (01/16/92) A Traffic Impact Analysis of the South Burlington City Area by Resource Systems Group (04/91) Letter by William Schroeder, Downs Rachlin &-Martin to Louis Borie re: construction deadline extension (08/24/90) Letter with attached by John Jaeger, South Burlington Realty Company to Louis Borie (09/11/90) Letter by Gordon MacArthur, Director of Planning & Preconstruction, AOT to Louis Borie (08/22/90) Plan: Site Plan, drawing #1 (rev. 01/27/87) Plan: Proposed Sewer, Water & Storm Drain Services, drawing #2 (rev. 11/18/81) Plan: Profile of Road & Proposed Cross Sections, drawing #3 (rev. 11/18/81) Plan: Profiles of Sewers & Storm Drains, drawing #4 (rev. 01/82) Plan: General Details, drawing #5 (rev. 11/13/81) Plan: Sewage Pumping Station & Holding Tank Details, drawing #6 (rev. 12/81) Plan: Erosion Control Details, drawing #7 (09/81) 19 21 3 24 25 26 27 28 29 30 31 32 33 01/13/92 01/22/92 08/27/90 09/13/90 08/24/90 11/21/91 11/21/91 11/21/91 11/21/91 11/21/91 11/21/91 11/21/91 A A 3SZ.3 State of Vermont • LAND USE PERMIT ADMINISTRATIVE AMENDMENT CASE NO: APPLICANT: ADDRESS: 4C0503-7 South Burlington Realty Company 366 Dorset Street South Burlington, Vermont 05403 LAWS/REGULATIONS INVOLVED 10 V.S.A.,Chapter 151 (Act 250) District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4C0503-7 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 126, pages 337-340 of the land records of the City of South Burlington, Vermont, as the subject of a deed to South Burlington Realty Company, the "Permittee" as "Grantee." This permit specifically extends the construction completion date for the roadway and infrastructure improvements for the project to November 1, 1996. This project is located off Dorset Street in the City of South Burlington, Vermont. The Permittee, and its assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permit #4C0503 and amendments remain in full force and effect except as amended herein. 2. This permit specifically extends the construction completion date to November 1, 1996. 3. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090 (b). Page 2 Land Use Permit #4C0503-7 South Burlington Realty Company Dated at Essex Junction, Vermont, this day of November, 1993. BY Louis Borie, District Coordinator for the District #4 Commission 4C0503-7/eb 1 State of Vermont LAND USE PERMIT AMENDMENT CASE NO: 4C0503-8 - LAWS/REGULATIONS INVOLVED APPLICANT: South Burlington Realty Co_ 10 V.S.A.,Chapter 151 ADDRESS: 366 Dorset Street (Act 250) South Burlington, VT 05403 District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4C0503-8 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 126, pages 337-340 of the land records of the City of South Burlington, Vermont, as the subject of a deed to South Burlington Realty Company, the "Permittee" as "Grantee." This permit specifically extends the construction completion date to November 1, 1998 on the previously approved authorization for roadway and infrastructure improvements for the project located off Dorset Street in the City of South Burlington, Vermont. The Permittee, and its assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permit #4C0503 and amendments remain in Ball force and effect except as amended herein. 2. This permit specifically extends the construction completion date to November 1, 1998. 3. Pursuant to 10 V.S.A. Section 6090(b) (effective June 21, 1994), this permit amendment is hereby issued for an indefinite term as long as there is compliance with the conditions herein. 4. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090 (b). 5. Prior to the construction of any buildings on the land subject to this permit, the Permittee shall submit a land use permit amendment application. This application shall include, but not be limited to, a traffic impact analysis based on conditions which exist at the time the application is submitted. Page 2 Land Use Permit #4C0503-8 South Burlington.Realty Company Dated at Essex Junction, Vermont, this /3day of December, 1996. BY C • st—. - J h C. Drake, Chairman for the District #4 Commission' Commissioners participating in this decision: Thomas Visser Helen Toor xpermitieb State of Vermont LAND USE PERMIT AMENDMENT CASE NO: 4C0503-9 APPLICANT: Randall G. Munson d/b/a South Burlington Realty Company 366 Dorset Street South Burlington, VT 05403 ,AWS/REGT JT ATIONS INVOLVED 10 V.S.A.,Chapter 151 (Act 250) District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4C0503-9 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 219, page 68 of the land records of the City of South Burlington, as the subject of a deed to Randall G. Munson, d/b/a South Burlington Realty Company, the "Permittee" as "Grantee." This permit specifically extends the construction completion date to November 1,.2001 on the previously approved construction of roadway and related infrastructure known as "South Burlington City Center" (formerly known as Corporate Circle). This project is located off Dorset Street in the City of South Burlington, Vermont. The Permittee, and its assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permit #4C0503 and amendments remain in full force and effect except as amended herein. 2. This permit specifically extends the construction completion date to November 1, 2001. 3. Pursuant to 10 V.S.A. Section 6090(b),(effective June 21, 1994), this permit amendment is hereby issued for an indefinite term as long as there is compliance with the conditions herein. 4. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., Section 6090 (b). 5. Prior to the construction of any buildings on the land subject to this permit, the Permittee shall submit a land use permit amendment application. This application shall include, but not be limited to, a traffic impact analysis based on conditions which exist at the time the application is submitted. jDated at Essex Junction, Vermont, this day of Ot-A-irt C of L. Shea, Chair f the District #4 Commission B 2000. Page 2 Land Use Permit #4C0503-9 South Burlington Realty Company Commissioners participating in this decision: Patricia Tivnan 4C0503-9.xt/eb :350.5 GO CITY CLERK'S OFFICE Received • /0 20°2 at-P .644 ecorded Vol _ ._ on Of So. So. Burlington Land Records .`-',50-0 Attest 1; LAND USE PERMIT 50/ State of Vermont AMENDMENT Donna 8. Kinville, citycrA CASE NO 4C0503-10 APPLICANT Randall G. Munson ADDRESS d/b/a South Burlington Realty Co. 366 Dorset Street South Burlington, VT 05403 LAWS/REGULATIONS INVOLVED 10 V.S.A. §§ 6001 - 6092 (Act 250) District Environmental Commission #4 hereby issues Land Use Permit Amendment #4C0503-10, pursuant to the authority vested in it by 10 V.S.A. §§ 6001-6092. This permit amendment applies to the lands identified in Book 219, Pages 68, of the land records of the City of South Burlington, Vermont, as the subject of a deed to Randall G. Munson d/b/a South Burlington Realty Co., the Permittee as Grantee. This permit specifically authorizes the Permittee to extend construction completion date until November 1, 2004 on the previously approved construction of roadway and related infrastructure known as "South Burlington City Center" (formerly known as Corporate Circle). The remaining work to be completed is limited to touch up of the roadway base at the eastern end of Market Street and final paving of Market Street. No disturbances are to take place outside of the 80-foot road right-of-way of Market Street. Any additional construction for the cross streets of the "City Center" project will be subject to full review under all ten criteria of Act 250. The project (Market Street) connects Dorset Street with Hinesburg Road in the City of South Burlington. The Permittee, and his assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: 1. All conditions of Land Use Permit #4C0503 and amendments are in full force and effect except as amended herein. 2. This permit specifically extends the construction completion date to November 1, 2004. 3. Pursuant to 10 V.S.A. § 6090(b) this permit amendment is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. 4. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A. § 6090(c). 5. Prior to the construction of any buildings on the land subject to this permit, the Permittee shall submit a land use permit amendment application. The application shall include, but not be limited to a traffic impact analysis based on conditions which exist at the time the application is issued and an evaluation of the potential impacts tot he on-site wetlands and water courses. day of January 2002. S Lica, Chair District 4 Commission t)350501 Land Use Permit #4C0503-10 Page 2 Dated at Essex Junction, Vermont, this Members participating in this decision: Patricia Tivnan Myron Wheeler The applicant or a party may file a motion to alter within 30 days from the date of this decision, pursuant to Environmental Board Rule 31. Any appeal of this decision must comply with all provisions of 10 V.S.A. §60$9 and Environmental Board Rule 40 including the submission of the original and ten copies of the following: notice of appeal, a statement of why the appellant believes the commission was in error, a statement of the issues to be addressed in the appeal, a summary of the evidence that will be presented, a preliminary list of witnesses and this decision. Decisions on minor applications may be appealed if a hearing was held by the district commission or timely requested by the appellant. WAALT250\DIST4\PROJECTS14C0503\4C050310.PMT END OF 1X)CUMEN1 6870557 CITY CLERWS OFFICE Slate or Vermont Rocalacday..°?_ 2026 I Rounded in Vol. e617- Ati POD- Of So, Burlington Land liummis .504 Most 4 ) nn LAND USE PERMIT D':-Ithilu,driya:ig ADMINISTRATIVE AMENDMENT CASE 4C0503-11 LAwsfitEcuidvrioNs INVOLVED APPLICANT South Burlington Really co, Annuss 366 Dorset Street 1 0 V.S,A. §§ 6001 -6072 (MI 250) South Burlington, VT 05403 Environmental Board Rule 34(I)) District Environmental Commission 114 hereby issues Land Use Permit Administrutiw Amendment ratal503-11, pursuant to the authority vested in it by 10 V.S.A., *5 6001.6092. This pemtit amendment applies to the lands identified in Book 219, Pages 6S, of the land records of the City of South Burlington, Ventiont, as the subject of a deed to Randall G, Munson drbfa South Burlington Realty Co,, the Fermium Os Grantee. This permit specifically atti bodies she PermIltee to extend construction cu runlet Ion date until November I, 2007 nn the previously approved construction of roadway and related Infrastructure known as "South Burlington City Center" (formerly known as Corporate Circle). The remaining work in he completed Is Smiled to touch up of the roadway lime at Bit eastern end of Market Street and final paving of Market Street. Nu disturbances arc to take place outside of the 004out road right-or- way of Market Street, Any additional construction for the cross streets of the "City Center" project trill be subject to full review tinder all ten criteria of Act 250. The project (Market Street) connects Dorset Street with Hinesburg Band In the City of South Burlington. The project is subject to Act 250 jurisdictiun because the project involves the project is a material or substantial change to a development OM which the Commission haa jurisdiction and thus constitutes "development" pursuant In Milt 2(A)(1)(c). Accordingly, a land use permit amendment is required pursuant to Milt 34. The Pennine, and its assigns and successors in interest, ore obligated by this permit to complete, operate and maintain the project as approved by the District COM1111511011 in accordance with the following amditions: 1. 'The project shall be completed, operated and maintained in accordance with: (a) the plans and exhibits on file with the District Environmental Canunission, and (b) the conditions of this Permit 2. All conditions of Land Use Permit dam 93 and amendments are In full force and effect except as amended herein. 3. By acceptance of this pemiii, the Pamittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. 4. No changes shall be made in the design or use of thil project without a jurisdictional opinion from the District Coordinator or a pemiit amendment from the Commission. 5. The District Envirunmental Commission maintains continuing jurisdiction during the Ilfetinte ofthe permit and may periodically require that the permit holder file an affidavit certifying that the project Is being completed, operated and maintained in accordance wills the terms of the penult, as provided by Ill V.S.A., Chapter 151 and the files of the Environmental Board. I I' 1 637053; Land Use ',emit Administrative Amendment N4C0103.4 Page 2 6. Ity acceptance of the conditions of this permit without appeal, the Pennince confirms and agrees that he conditions of this permit shall run with the land and the land uses herein permitted, and wilt be binding upon and enforceable against the Pennittee and all assigns and successors in interest. 7. 'the Permittee shall apply and maintain calcium chloride andlor water on all roadways or disturbed areas within the project during construction and until pavement and/or vegetation Is fully established In control dust, S. The remtitice and all subsequent owners or lessees shall install and maintain only low-flow plumbing fixtures in any buildings. Any foiled water conservation measures shall be promptly replaced with products of equal or better performance. 9. The Pennittee shall comply with Exhibits 047 and 050 of LUP 4rn503 for erosion control. The Permittee shall prevent the transport of any sediment beyond that area necessary for construciinn approved herein. All erasion control devices shall he periodically cleaned, replaced and maintained until vegetation is permanently established on aki slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections In review erosion control and to evaluate and impose additional conditions with respect to erosion control as it deems necessary. 10, In addition to conformance with all erosion control conditions, the Fermium shall not cause, permit or allow the discharge of waste material Into any surface waters. Compliance with the requirements of this condition does not absolve the Permittee from compliance with 10 V.S.A., Chapter 47, Vermont's iVater Pollution Control Law. No new exterior light fixtures are permitted by this extension of die construction completinn date. 12. 'The Permittee shall not erect exterior signs Lit without first obtaining approval from the District Commission. Signals includes banners, flogs, and other advertising displays, excepting temporary real estate marketing signs. 13. No further subdivision, alteration, and/or development of any parcel of land approved herein shall be ',emitted without the written approval of the District Comntission. 14. A copy of this permit and approved plans shall he on the site at all times throughout the constructinn process. 15. Pursuant to 10 V.S.A. § 6090(b), this permit amendment is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. 16. Notwithstanding any other provision herein, this permit shall expire three year from the date of issuance if the Pennince has not commenced construction and made substantial progress Inward completion within the three year period in accordance with 10 V.S.A. §6091(b). 17. All she work and construction of roadways shall be completed in accordance with the approved plans by November I, 2007, unless an extension of this date Is approved in writing by the Commission. Such requests to extend must be filed prier to the deadline and approval may be granted without public heating. £870509 laud Use Permit Administrative Amendment 04C0303.11 Page 3 I 8. Failure to comply with all orthe above conditions may be grounds for permit revocation pursuant lo 10 V.S.A., 4 6090(b). Dated al Essex Junction, Vermont, this day of Nmetnber 2004. eft/r7e Ey ( vi Pea& District 04 Coordinator 'lids permit Is issued pursuant to Enviummemal Road Rule 34(B), Administrative Amendments, which authorizes I district coo:dilutor, on behalf of the District Commission, to 'amend B penult without nal Ice of hearing when an amendment Is necessary for record.keepIng purposes or to provideillilUttilltUll for minor tevislons to permitted projects tailing no likelihood of Impacts under the criteria of the Ace.' The rule also provides that all parties of record and current adjoining landowners shall receive a copy of any 'di reinisuative amendment. Prior to any appeal of this Administrative Amendment to the EnNironmental Board, the applicant, or a patty, is encoutaged to Me a Station to Alter with the I)isirlet Commission within 30 days from the date of this Arktilidsostive Amendment, pursuant to EnvIrmuitenta I Board Rule 34. Any appeal of the Commission's decision un the Mot Inn to Alter num be flied within 30 days of die date atilt decision and must comply with all provisions of ID V.S.A..60119 and Rnvironntental Masi Rule 40, Including the submission Mitre original and ten copies of the following: naliceof appeal, a statement of shy the appellant believes the commission Wit In error, a statement unite issues to be addressed in the appeal, a sanatory of nit evidence that v.111 be presented, a preliminary hit of witnesses, and this decision. END OF DOCUMENT 1,••••••••-•••••••tl.rtfrrra.7.• 8000487 State of Vermont CITY CLERICS OFFICE Received No3. tht, 20a at!!' Recorded in Vol Si DO on pa; Of So. Burlinoton Land Records AL fig Attest: LAND USE PERMIT Donna S. Kinville, City Clerk ADMINISTRATIVE AMENDMENT CASE 4C0503-12 APPLICANT South Burlington Realty Co. ADDRESS 366 Dorset Street South Burlington, VT 05403 LAWS/REGULATIONS INVOLVED 10 V.S.A. §§ 6001 - 6092 (Act 250) Natural Resources Board Rule 34(D) District Environmental Commission flit hereby issues Land Use Permit Administrative Amendment 44C0503- 11 , pursuant to the authority vested in it by 10 V.S.A., §§ 6001-6092. This permit amendment applies to the lands identified in Book 219, Page 63, of the land records of the City of South Burlington, Vermont, as the subject of a deed to Randall G. Munson dfb/a South Burlington Realty Co., the Permittee as Grantee. This permit specifically authorizes the Permittee to extend construction completion date until November 1, 2010 on the previously approved construction of roadway and related infrastructure known as "South Burlington City Center" (formerly known as Corporate Circle). The remaining work to be completed is limited to touch up of the roadway base at the eastern end of Market Street and final paving of Murket Street. No disturbances are to take place outside of the 80-foot road right-of- way of Market Street. Any additional construction for the cross streets of the "City Center" project will be subject to full review under all ten criteria of Act 250. The project (Market Street) connects Dorset Street with Hinesburg Road in the City of South Burlington. The project is subject to Act 250 jurisdiction because the project involves the project is a material change to s development over which the Commission has jurisdiction and thus constitutes "development" pursuant to 10 V.S.A. 6001(3)(A). Accordingly, a land use permit amendment is required pursuant to Act 250 Rule 34. The Permittee, and its assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions: 1. The project shall be completed, operated and maintained in accordance with: (a) the plans and exhibits on file with the District Environmental Commission, and (b) the conditions of this permit. 2 All conditions of Land Use Permit #4C0503 and amendments are in full force and effect except as amended herein. 3. By acceptance of this permit, the Permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. 4 No changes shall be made in the design or use of this project without a jurisdictional opinion from the District Coordinator or a permit amendment from the Commission. 5 The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project 8000448 Land Use Permit Administrative Amendment it4C0503-12 Page 2 is being completed, operated and maintained in accordance with the terms of the permit, as provided by I D V.S,A., Chapter 151 and the rules of the Natural Resources Board. 6. By acceptance of the conditions of this permit without appeal, the Permittee confirms and agrees that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the Permittee and all assigns and successors in interest. 7 The Permittee shall apply and maintain calcium chloride and/or water on all roadways or disturbed areas within the project during construction and until pavement and/or vegetation is fully established to control dust. 3 The Permittee and ell subsequent owners or lessees shall install and maintain only low-flow plumbing fixtures in any buildings. Any failed water conservation measures shall be promptly replaced with products of equal or better performance. 9 The Permittee shall comply with Exhibits #47 and 350 of LUP 4C0503 for erosion control. The Permittee shall prevent the transport of any sediment beyond that area necessary for construction approved herein. All erosion control devices shall be periodically cleaned, replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections to review erosion control and to evaluate end impose additional conditions with respect to erosion control as it deems necessary. 10. In addition to conformance with all erosion control conditions, the Permittee shall not cause, permit or allow the discharge of waste material into any surface waters. Compliance with the requirements of this condition does not absolve the Permittee from compliance with 10 V.S.A., Chapter 47, Vermont's Water Pollution Control Law. 11, No new exterior light fixtures are permitted by this extension of the construction completion date. 12. The Permittee shall not erect exterior signage without first obtaining approval from the District Commission. Signage includes banners, flags, and other advertising displays, excepting temporary real estate marketing signs. 13. No further subdivision, alteration, and/or development of any parcel of land approved herein shall be permitted without the written approval of the District Commission, 14. A copy of this permit and approved plans shall be on the site at all times throughout the construction process. 15. Pursuant to I 0 V.S.A. § 6090(b), this permit amendment is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. 16. Notwithstanding any other provision herein, this permit shall expire three years from the date of issuance if the Permittee has not commenced construction and made substantial progress toward completion within the three year period in accordance with 10 V.S.A. § 6091(b). 17. All site work and construction of roadways shall be completed in accordance with the approved plans by November 1, 2010, unless an extension of this date is approved in writing by the Commission. 3 9 • Land Use Permit Administrative Amendment N4C0503-12 Page) Such requests to extend must be filed prior to the deadline and approval may be granted without public hearing. lg. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A., § 6090(6). Dated at Essex Junction, Vermont, this c,t+% day ofNovember 2001 By 7'1001/'‘ Peter E, Keibel District d14 Coordinator This permit is issued pursuant to Act 250 Rule 34(D), Adrninisuative Amendments, which authorizes a district coordinator, on behalf of the District Commission, to "amend a permit without notice or hearing when an amendment is necessary for record-keeping purpOses or to provide authorization for minor revisions to permitted projects raising no likelihood of impacts under the criteria of the Act.' The rule also provides that all parties or record and current adjoining landowners shall receive a copy of any administrative amendment. Prior to any appeal of thin Administrative Amendment to the Environmental Court, the applicant or a party must file a Motion to Alter with the District Commission within IS days from The date of this Administrative Amendment, pursuant to Ad 250 Rule 34. The decision an the Motion to Alter may be appealed within 30 days of the date of the decision in accordance with 10 V.S.A. Chapter 220. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at www.vermontiudiciary.ore The address for the Environmental Court is: Environmental Court, 2411 Airport Rd., Suite I, Barre, VT 056414701. (Tel. II 802428-1660) END OF DOCUMENT • State of Vermont LAND USE PERMIT AMENDMENT CASE NO: 4C0503-13 City of South Burlington attn: Thomas J. DiPietro 104 Landfill Road South Burlington, VT 05403 and LAWS/REGULATIONS INVOLVED 10 V.S.A. §§ 6001 - 6093 (Act 250) South Burlington Realty Company P.O. Box 2204 South Burlington, VT05407-2204 District Environmental Commission #4 hereby issues Land Use Permit Amendment #4C0503- 13, pursuant to the authority vested in it by 10 V.S.A. §§ 6001-6093. This permit amendment applies to the lands identified in Book 853, Page 22, of the land records of the City of South Burlington, Vermont, as the subject of a deed to South Burlington Realty Company. Market Street is a municipally owned road. This permit specifically authorizes the replacement of the existing 48" corrugated metal pipe culvert under Market Street that caries Tributary 3 of Potash Brook with a 5' high by 12' wide precast concrete open bottom arch culvert with headwalls and scour protection stone. The Project is located on Market Street in South Burlington, Vermont. Jurisdiction attaches because the Project constitutes a material change to a permitted development or subdivision, and thus requires a permit amendment pursuant to Act 250 Rule 34. 1. The Permittees, and its assigns and successors in interest, are obligated by this permit to complete, operate and maintain the project as approved by the District Commission in accordance with the following conditions. 2. The project shall be completed, operated and maintained in accordance with: the conditions of this permit; and the permit application, plans, and exhibits on file with the District Environmental Commission and other material representations. The approved plans are: Sheet G-101 - "Cover Sheet & Index, USAGE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #8); Sheet G-102 - "Legend & General Notes, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #9); Sheet G-103 - "General Notes, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #10); Sheet G-104 - "Erosion Prevention and Sediment Control Notes, USAGE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #11); Land Use Permit #4C0503-13 Page 2 of 6 Sheet G-105 - "Erosion Prevention and Sediment Control Details, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #12); Sheet G-106 - "Erosion Prevention and Sediment Control Details, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #13); Sheet G-107 - "Key Plan, USAGE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #14); Sheet V-103 - "Market Street Culvert Existing Conditions Site Plan, USAGE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #15); Sheet V-104 - "Market Street Culvert Boring Logs B1 and B2, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #16); Sheet C-105 - "Market Street Culvert Layout Plan, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #17); Sheet C-106 - "Market Street Culvert Demolition Plan, USAGE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #18); Sheet C-107 - "Market Street Culvert Grading and Drainage Plan, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #19); Sheet C-108 - "Market Street Culvert Erosion Prevention and Sediment Control Plan, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #20); Sheet C-202 - "Market Street Culvert Roadway Profile, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #21); Sheet C-301 - "Market Street Culvert Typical Roadway Section, USAGE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #22); Sheet C-302 - "Market Street Culvert Typical Section, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #23); Sheet S-101 - "Market Street Culvert Strip Footing 1 Plan, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #24); Sheet S-102 - "Market Street Culvert Strip Footing 2 Plan, USAGE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #25); Sheet S-103 - "Market Street Culvert Details, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #26); Sheet C-203 - "Market Street Culvert Sanitary Sewer Profile, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #27); Sheet C-504 - "Market Street Culvert Details, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #28); Sheet C-505 - "Market Street Culvert Details, USAGE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #29); Sheet C-109 - "Market Street Culvert Horizontal Alignment Sheet, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #30); Land Use Permit #4C0503-13 Page 3 of 6 Sheet C-303 - "Market Street Culvert Roadway Cross Section, USAGE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #31); Sheet C-304 - "Market Street Culvert Roadway Cross Section, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #32); Sheet C-305 - "Market Street Culvert Roadway Cross Section, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #33); Sheet C-306 - "Market Street Culvert Channel Cross Sections, USACE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #34); and Sheet V-106 - "Market Street Culvert Local Cooperation Sheet, USAGE Potash Brook Tributary 3 Stormwater Treatment" dated 5/27/2014 (Exhibit #35). 3. All conditions of Land Use Permit #4C503 and amendments are in full force and effect except as further amended herein. 4, The Permittees shall comply with all of the conditions of the following Agency of Natural Resources Permits: a. Authorization of Notice of Intent #7294-9020 under Construction General Permit #3-9020 issued on January 15, 2015 by the ANR Watershed Management Division; b. Individual Stormwater Discharge Permit #7294-INDS issued on April 23, 2015 by the ANR Watershed Management Division; c. Stormwater Offset Project Permit #7294-INDO issued on April 21, 2015 by the ANR Watershed Management Division; d. Individual Wetland Permit #2014-395 issued on March 9, 2015 by the ANR Watershed Management Division; e. Stream Alteration Permit SA-04-015, issued on May 12, 2015 by the ANR-DEC Watershed Management Division; 5. Any nonmaterial changes to the permits listed in the preceding condition shall be automatically incorporated herein upon issuance by the Agency of Natural Resources. 6. Representatives of the State of Vermont shall have access to the property covered by this permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental and health statutes and regulations and with this permit. 7. A copy of this permit and plans shall be on the site at all times throughout the construction process. 8. No change shall be made to the design, operation or use of this project without a permit amendment issued by the District Commission or a jurisdictional opinion from the District Coordinator that a permit is not required. 9. No further subdivision, alteration, and/or development on the tract/tracts of land approved herein shall be permitted without a permit amendment issued by the District Commission or a jurisdictional opinion from the District Coordinator that a permit is not required. Land Use Permit #4C0503-13 Page 4 of 6 10. Pursuant to 10 V.S.A. § 8005(c), the District Commission may at any time require that the permit holder file an affidavit certifying that the project is in compliance with the terms of this permit. 11. The conditions of this permit and the land uses permitted herein shall run with the land and are binding upon and enforceable against the Permittees and their successors and assigns. 12. The Permittees shall apply and maintain water and/or other agents approved by the Watershed Management Division in the Project's Erosion Prevention and Control Plan on all roadways or disturbed areas within the project during construction and until pavement and/or vegetation is fully established to control dust. 13. At a minimum, the Permittees shall comply with the Department of Environmental Conservation's Low Risk Site Handbook for Erosion Prevention and Sediment Control (2006). 14. The Permittees shall comply with Exhibits #11, #12, #13, and #20 (Sheets G-104, G- 105, G-106, & C-108) for erosion prevention and sediment control. The Permittees shall prevent the transport of any sediment beyond that area necessary for construction approved herein. All erosion prevention and sediment control devices shall be periodically cleaned, replaced and maintained until vegetation is permanently established on all slopes and disturbed areas. 15. All mulch, siltation dams, water bars and other temporary devices shall be installed immediately upon grading and shall be maintained until all roads are permanently surfaced and all permanent vegetation is established on all slopes and disturbed areas. Topsoil stockpiles shall have the exposed earth completely mulched and have siltation checks around the base. 16. All areas of disturbance must have temporary or permanent stabilization within 14 days of the initial disturbance. After this time, any disturbance in the area must be stabilized at the end of each work day. The following exceptions apply: i) Stabilization is not required if work is to continue in the area within the next 24 hours and there is no precipitation forecast for the next 24 hours. ii) Stabilization is not required if the work is occurring in a self-contained excavation (i.e. no outlet) with a depth of 2 feet or greater (e.g. house foundation excavation, utility trenches). 17. All disturbed areas of the site shall be stabilized, seeded and mulched immediately upon completion of final grading. All disturbed areas not involved in winter construction shall be mulched and seeded before October 1. Between the periods of October 15 to April 15, all earth disturbing work shall conform with the "Requirements for Winter Construction" standards and specifications of the Department of Environmental Conservation's Low Risk Site Handbook for Erosion Prevention and Sediment Control (2006). 18. Prior to construction of the approved work, the Permittees shall: a) clearly delineate the construction limits with flagging or snowfencing; b) place diversion ditches on the uphill limits of the construction area; and c) place temporary siltation controls on the downhill limits of construction. Land Use Permit #4C0503-13 Page 5 of 6 19. In addition to conformance with all erosion prevention and sediment control conditions, the Permittees shall not cause, permit or allow the discharge of waste material into any surface waters. Compliance with the requirements of this condition does not absolve the Permittees from compliance with 10 V.S.A. (§§ 1250-1284) Chapter 47, Vermont's Water Pollution Control Law. 20. Any extracted stumps shall be disposed of on-site above the seasonal high water table and not in any wetland, or at a State approved landfill, so as to prevent groundwater pollution. 21. No exterior light fixtures or signage has been proposed or approved by this permit amendment. 22. The Permittees shall reference the requirements and conditions imposed by Land Use Permit 4C0503-13 in all deeds of conveyance and leases. 23. Pursuant to 10 V.S.A. § 6090(b)(1) this permit amendment is hereby issued for an indefinite term, as long as there is compliance with the conditions herein. Notwithstanding any other provision herein, this permit shall expire three years from the date of issuance if the Permittees have not commenced construction and made substantial progress toward completion within the three year period in accordance with 10 V.S.A. § 6091(b). 24. All site work and construction shall be completed in accordance with the approved plans by October 31, 2018, unless an extension of this date is approved in writing by the Commission. Such requests to extend must be filed prior to the deadline and approval may be granted without public hearing. 25. The Permittees shall file a Certificate of Actual Construction Costs, on forms available from the Natural Resources Board, pursuant to 10 V.S.A. § 6083a(g) within one month after construction has been substantially completed or two years from the date of this permit, whichever shall occur first. Application for extension of time for good cause shown may be made to the District Commission. If actual construction costs exceed the original estimate, a supplemental fee based on actual construction costs must be paid at the time of certification in accordance with the fee schedule in effect at the time of application. Upon request, the Permittees shall provide all documents or other information necessary to substantiate the certification. Pursuant to existing law, failure to file the certification or pay any supplemental fee due constitutes grounds for permit revocation. The certificate of actual construction costs and any supplemental fee (by check payable to the "State of Vermont") shall be mailed to: Natural Resources Board, Dewey Building, National Life Drive, Montpelier, VT 05620-3201; Attention: Certification. 26. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A. § 6027(g). I day of May, 2015. By As authorized by Thomas A. Little Chair District #4 Commission Land Use Permit #4C0503-13 Page 6 of 6 Dated at Essex Junction, Vermont, this Members participating in this decision: Parker Riehle Thomas Getz Any appeal of this decision must be filed with the Superior Court, Environmental Division within 30 days of the date the decision was issued, pursuant to 10 V.S.A. Chapter 220. The Notice of Appeal must comply with the Vermont Rules for Environmental Court Proceedings (VRECP). The appellant must file with the Notice of Appeal the $265 entry fee required by 32 V.S.A. § 1431 The appellant must also serve a copy of the Notice of Appeal on the Natural Resources Board, Dewey Building, National Life Drive, Montpelier, VT 05620-3201, and on other parties in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings. Decisions on minor applications may be appealed only if a hearing was held by the district commission. Please note that there are certain limitations on the right to appeal. See 10 V.S.A. § 8504(k). For additional information on filing appeals, see the Court's website at: http://www.vermontiudiciary.orq/GTC/environmental/default.aspx or call (802) 828-1660. The Court's mailing address is: Vermont Superior Court, Environmental Division, 32 Cherry Street, 2nd Floor, Suite 303, Burlington, VT 05401 wArirb\dist4\projectsWc0501-4c075014c050314c0503-1314c0503-13 pmt.docx EXHIBIT LIST FOR APPLICATION #4C0503-13 Page 1 E DATE E A = Applicant X N T = Town H E T 0 = Opponent I C E RPC = Regional Planning Commission B R E R ANR = Agency of Natural Resources I I E VTRANS = Vt. Agency of Transportation T D DPS = Department of Public Services E M = Municipality D DHP = Division for Historic Preservation WMD = Wastewater Management Division N B L = Landowner O. Y Nature of Exhibit and Date Entered 1 05/29/14 A Cover Letter by Vanasse Hangen Brustlin, Inc. 2 Act 250 Cover Sheets 3 Schedule A - Fee Information 4 Schedule E - Adjoiner Information 5 Schedule F - Certification of Service and Notice of Application 6 Schedule B - Response to the 10 Criteria and Subcriteria 7 Map: Site Location Map 8 Plan: Cover Sheet & Index, G-101 (05/27/14) 9 Plan: Legerid & General Notes (1 of 2), G-102 (05/27/14) 10 Plan: General Notes (2 of 2), G-103 (05/27/14) 11 Plan: Erosion Prevention and Sediment Control Notes, G-104 (05/27/14) 12 Plan: Erosion Prevention and Sediment Control Details (1 of 2), G-105 (05/27/14) 13 Plan: Erosion Prevention Sediment Control Details (2 of 2), G-106 (05/27/14) 14 Plan: Key Plan, G-107 (05/27/14) 15 Plan: Existing Conditions Site Plan, V-103 (05/27/14) 16 Plan: Boring Logs B1 and B2, V-104 (05/27/14) 17 Plan: Layout Plan, C-105 (05/27/14) 18 Plan: Demolition Plan, C-106 (05/27/14) 19 Plan: Grading and Drainage Plan, C-107 (05/27/14) VV:thIRB DIST41PROJECTS14C0501-4C0750 4C050314C0503-13 1400503-13 exList docx EXHIBIT LIST FOR APPLICATION 20 05129/14 A 21 22 CI 23 CI #4C0503-13 Page 2 Plan: Erosion Prevention and Sediment Control Plan, C-108 (05/27/14) Plan: Roadway Profile, C-202 (05/27/14) Plan Typical Roadway Section, C-301 (05/27/14) Plan: Typical Sections, C-302 (05/27/14) 24 II 0 Plan Strip Footing 1 Plan, S-101 (05/27/14) 25 .. Plan Strip Footing 2 Plan, S-102 (05/27/14) 26 " II Plan: Details, S-103 (05/27/14) 27 ,, Plan Sanitary Sewer Profile, C-203 (05/27/14) 28 0 Plan Details (1 of 2), C-504 (05/27114) 29 0 0 Plan: Details (2 of 2), C-505 (05/27/14) 30 0 Plan: Horizontal Alignment Sheet, C-109 (05/27/14) 31 0 II Plan: Roadway Cross Sections (1 of 3), C-303 (05/27/14) 32 0 0 Plan: Roadway Cross Sections (2 of 3), C-304 (05/27/14) 33 0 0 Plan: Roadway Cross Sections (3 of 30, C-305 (05/27/14) 34 ., " Plan: Channel Cross Sections, C-306 (05/27/14) 35 II 0 Plan: Local Cooperation Sheet (2 of 2), V-106 (05/27/14) 36 ,, Map: Flood Insurance Rate Map 37 Previous Act 250 Permit #4C0503 (04/19/1982) 38 6/24/14 .. Letter by Vt. Divi for Hist. Pres. re Criterion 8 (6/24/14) 39 4/16/15 ,. NOI 7294-9020 — Date of Authorization January 15, 2015 40 ., Individual Wetland Permit 2014-395 — EJ14-0403 Issued March 9, 2015 41 5/18/15 Authorization to Conduct Stream Alteration Activities by Chris Brunelle, River Management Engineer — Issued May 12, 2015 42 0 Stormwater Offset Project Permit — Permit No. 7294-INDO Issued April 21 2015 43 Stormwater Discharge Permit No. 7294-INDS Issued April 23, 2015 W:INIRB DIST41PROJECTS‘4C0501-4C075014a0503 4C0503-1 314C0503-1 3 exList.docx CERTIFICATE OF SERVICE I hereby certify on this 215' day of May 2015, a copy of the foregoing ACT 250 LAND USE PERMIT #4C0503-13, was sent by U.S. mail, postage prepaid to the following individuals without email addresses and by email to the individuals with email addresses listed. Note: any recipient may change its preferred method of receiving notices and other documents by contacting the District Office staff at the mailing address or email below. If you have elected to receive notices and other documents by email, it is your responsibility to notify our office of any email address changes. All email replies should be sent to nrb- act250essexastate.vt.us. You can now fill out and submit the Act 250 survey online at http://permits.vermontmoviact250- survey. Thomas J. DiPietro Stormwater Superintendent City of South Burlington 104 Landfill Road South Burlington, VT 05403 tdioietroasburl.com South Burlington Realty Company PO Box 2204 South Burlington, VT 05407-2204 timasouthburlinatonrealty.com Brad Ketterling, Environmental Scientist Vanasse Hanger, Brustlin, Inc. 7056 US Route 7, PO Box 120 N. Ferrisburgh, VT 05473 bketterlinovhb.com Donna Kinville, City Clerk Chair, City Council/Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission 110 West Canal Street, Suite 202 Winooski, VT 05404 rmahonveccrocytorq Elizabeth Lord, Land Use Attorney Agency of Natural Resources 1 National' Life Drive, Davis 2 Montpelier, VT 05602-3901 anr.act250©state.vt.us FOR YOUR INFORMATION District #4 Environmental Commission Thomas Little, Chair Parker RiehlefThomas Getz 111 West Street Essex Junction, VT 05452 Barry MurphyNt. Dept. of Public Service 112 State Street Drawer 20 Montpelier, VT 05620-2601 barrv.murphiastate.vt.us Craig Keller/Utilities & Permits VTrans One National Life Drive, Drawer 33 Montpelier, VT 05633 craio.kellerestate.vt.us Vt. Agency of Agriculture, Food & Markets 116 State Street, Drawer 20 Montpelier, VT 05620-2901 AGR.Act2500state.vLus Division for Historic Preservation National Life Building, Drawer 20 Montpelier, VT 05620 scott.dillon@state.vt.us james.duogan@state.vlus Dated at Essex Junction Vermont, this 21st day of May, 2015. CI'. S;rAM..t Q . Crnnte Natural Resources Board Technician 879-5614 christine.commostatemlus W5NRBOIST4IPROJECTS14C0501-4C075014C0503,AC0503-13l4C0503-13 cos.docx I I I I Ji NN U f / $ STREAM CHANNEL 20124crn3i Sa \ \ ISTOMIft3San erz it; 66 UMCRIPAS INV IN • 3011 3 3M RCM INV IN = 300.35 •1111 INV OUT. CIS RP) • —Pgiiq 17,1 A 100% PLANS < gnen AFO O I IPA #(II IN MAISAAtm. TOMS MATATM• stst.E.r. 20 MD BIT DATE RE TERME AMMAR tot•TaiiiPtj HAT BNB miD AtE BORDER Submitted by RBI Pia Ora; 5/ 21 /ZINK ZiSAHA PH PASSIti104 tead‘to‘p !Amu ALCOA. TRIELLBT1111-GER.V-IIIRET-dgn O • CJ Ia 1 USAGE POTASH BROOK TRIBUTARY 3 STORMWATER TREBTAIENT SECTION 542 PROJECT SOON BURLINGTON. VT u. a Arat. ENGINEER OISTRICT WIXOM bit.. nanabaetneriA C01.1011, C J•4 Pet 12 F.M1 ewer eon ,..,.. I e.i.... law* r n /HU 100% PLANS KEY PLAN 0 eammamem ArmAtlie I I snot 1.01_11Mifirejfialy....1.1 iseG I us .. • . °au on, I