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HomeMy WebLinkAboutSP-24-23 - Decision - 0200 Garden Street 1 #SP-24-23 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING THE SNYDER-BRAVERMAN DEVELOPMENT CO., LLC – 200 GARDEN STREET SITE PLAN APPLICATION #SP-24-23 FINDINGS OF FACT AND DECISION The Snyder-Braverman Development Company, LLC, hereinafter referred to as the applicant, is seeking approval to develop an existing 0.6 acre vacant lot with one 4-story multi-family building with 46 residential units and associated site improvements, 200 Garden Street. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT & CONCLUSIONS OF LAW 1. The applicant is seeking approval to develop an existing 0.6 acre vacant lot with one 4-story multi-family building with 46 residential units and associated site improvements, 200 Garden Street. 2. The owner of record of the subject property is South Burlington City Center, LLC. 3. The subject property is located in the City Center Form-Based Code Transect Zone 4 (T4). 4. The application was received on June 18, 2024. 5. The submitted materials consists of the following plans and supplemental information. Submission Prepared by Last Revision Date Site Plan Application Tim McKenzie & Ken Braverman 5/28/2024 Application Narrative Unspecified 6/18/2024 Open Space Narrative Unspecified 6/18/2024 Large Development Area Open Space Assignment & Agreement South Burlington City Center, LLC undated Stormwater Narrative Unspecified 5/15/2024 Abutters List Unknown Undated Open Space Plan The Snyder Group, Inc. 5/15/2024 Inclusionary Zoning Summary Unspecified 5/14/2024 Landscape Budget T.J. Boyle Associates 5/20/2024 Certificate of Service Andrew Rowe 7/2/2024 Public Information Meeting Minutes Andrew Rowe 7/8/2024 T4 BES Andrew Rowe 5/28/2024 Vehicle Turning Template Unspecified undated Site Plan – Sheet 1 The Snyder Group, Inc. 8/13/2024 Phased Completion Plan and Temporary Pedestrian & Vehicular Access – Sheet 1 The Snyder Group, Inc. 5/1/2024 Existing Condition Plan – Sheet 2 The Snyder Group, Inc. 7/29/2024 Utility Plan – Sheet 3 The Snyder Group, Inc. 8/13/2024 Utility Plan – EV Capable Spaces – Sheet 3 The Snyder Group, Inc. 8/13/2024 2 #SP-24-23 Findings of Fact and Decision Grading Plan The Snyder Group, Inc. 7/29/2024 Lighting Plan – Sheet 5 The Snyder Group, Inc. 7/29/2024 EPSC Plan – Sheet 6 The Snyder Group, Inc. 7/29/2024 Sitework Details and Specifications – Sheet 7 The Snyder Group, Inc. 5/15/2024 EPSC & Storm Details – Sheet 8 The Snyder Group, Inc. 7/29/2024 Water Details and Specifications – Sheet 9 The Snyder Group, Inc. 5/15/2024 Water & Insets Details and Specifications The Snyder Group, Inc. 5/15/2024 Site Plan – Sheet L1.0 T.J. Boyle Associates 8/20/2024 Planting Plan – Sheet L1.1 T.J. Boyle Associates 8/20/2024 Site Details - Sheet L2.0 T.J. Boyle Associates 5/20/2024 Planting Details – Sheet L2.1 T.J. Boyle Associates 5/20/2024 Wall-Mounted Bike Rack Detail The Park catalog undated Elevations – Sheet A.01 Artesa 5/28/2024 Elevations – Sheet A.02 Artesa 5/28/2024 Building Requirements – Primary Façade – Sheet A.03 Artesa 5/28/2024 Building Requirements – Entrances – Sheet A.04 Artesa 5/28/2024 P1 Level Plan – Sheet A.05 Artesa 5/28/2024 1st Level Plan – Sheet A.06 Artesa 5/28/2024 2nd Level Plan – Sheet A.07 Artesa 5/28/2024 3rd Level Plan – Sheet A.08 Artesa 5/28/2024 4th Level Plan – Sheet A.09 Artesa 5/28/2024 Solar-Ready Zone – Sheet A-1.1 Artesa 2/9/2024 View 1 – Sheet A-1.2 Artesa 2/9/2024 View 2 – Sheet A-1.3 Artesa 2/9/2024 View 3 – Sheet A-1.4 Artesa 2/9/2024 View 4 – Sheet A-1.5 Artesa 2/9/2024 Roof Screen Artesa 2/9/2024 Window Jamb – Sheet A00 Artesa 11/14/2022 6. Process Elements: a. The applicant provided a certificate of service indicating that notice to abutting property owners was provided on June 20, 2024. b. The applicant held a neighborhood meeting on July 1, 2024 at 6:00 pm at 180 Market Street in the Library Digital Lab. No members of the public attended. The applicant provided a set of summary notes. c. The Administrative Officer deemed the application complete on August 6, 2023 following submission of the above-referenced certificate of service, neighborhood meeting summary notes, and issuance of a written statement from the Department of Public Works and Fire Department regarding compliance with the regulations. The applicant submitted final modifications to the application package on August 19, 2024. 7. Review Criteria: CITY CENTER FORM BASED CODES STANDARDS 3 #SP-24-23 Findings of Fact and Decision Section 8.03 Land Development and Building Placement A. Land Development. No land development shall be permitted except in full compliance with the applicable Building Envelope Standards (BES) and this Article. See below under Building Envelope Standards. B. Building Placement. All new buildings, and all additions to buildings, except as permitted in a T3 Cottage Court or as permitted under Section 8.11, Nonconformities, shall include at least one building façade located entirely within a Build-to-Zone. For primary facades in the T4, the primary build-to-zone is 0 – 12 ft and the secondary build-to-zone is 0 – 24 ft. The building’s location meets the applicable standards for building placement. C. Special Requirements, Prohibitions & Exceptions. Not applicable. Section 8.04 Blocks, Streets, and Alleys A. General Standards (1) Purpose… (2) Construction of streets (a) Where a building is proposed to be located on a lot that is adjacent to a new or extended street, such street shall be constructed by the applicant pursuant to Article 15 and in accordance with the requirements of Article 11, Street Typologies. Garden Street was approved in SD-19-24 and has been constructed pursuant to that approval. Site plan approval SP-21-036A for 303 Market Street laid out phasing for construction and opening of Garden Street. As per that phasing plan, there exists a temporary 5-feet-wide paved sidewalk along the south frontage of 200 Garden Street that shall be maintained throughout construction until such time as the final new paved rec path and concrete sidewalk are in place. Access to 112 Garden Street will continue to be via the parking lot behind 303 Market Street. Garden Street will continue to be used for construction access to Block A and 200 Garden Street until September 1, 2025. Garden Street is required to be open from Market Street to the existing bridge near 59 Garden Street prior to occupancy of the proposed building at 200 Garden Street. With this decision, the Administrative Officer finds that Garden Street shall be open prior to issuance of a certificate of occupancy for 200 Garden Street. The Administrative Officer further finds that Garden Street shall be ready for acceptance prior to issuance of a certificate of occupancy for 200 Garden Street. The Administrative Officer finds this criterion met. (b) Where a building is proposed to be located on a lot that is adjacent to existing street, such street shall be upgraded pursuant to Article 15 and in accordance with requirements of Article 11, Street Typologies. Not applicable. (3) Perimeter and Length of Blocks. Not applicable. (4) Frontage Buildout. See below under Building Envelope Standards. (5) Connectivity. All existing or proposed streets shall connect directly at each end to another existing public street, or planned or proposed street listed as a qualifying street type in the applicable BES. Not applicable. 4 #SP-24-23 Findings of Fact and Decision (6) Build-to-Zones. See below under Building Envelope Standards. B. Location of blocks and streets. (1) Applicability of block lengths and perimeters. The subject property is located within an exempt area. (2) Public Facilities on the Official Map. Where a planned street or any other planned public feature, facility, or improvement is shown on a parcel or lot on the Official Map, the owner of such parcel or lot shall provide an irrevocable offer of dedication of such planned street or planned public feature, facility for improvement to the City at the time of an application for land development on such parcel or lot. In the event that the applicant proposes a private street, a plan clearly depicting the area of such street shall be recorded in the land records prior to the issuance of any zoning permit. The following additional standards shall apply in either instance: The project abuts a recently approved public street on the northern portion of the lot. That road has been constructed. The applicant is meeting the requirements of SP-21-036A as identified in Section 8.03 and 8.04.A above. (a) Where applicable, the applicant shall construct such street in accordance with the requirements of these Regulations; Not applicable. Where the street is proposed to be public, the minimum street right-of-way width shall be as identified within Article 11, Street Typologies; Not applicable. (b) Where the City identifies a specific Street Type on the Official Map, such street shall comply with the standards for that street type in Article 11; The street type is not identified on the Official Map. (c) The actual location of a street may deviate from the location identified on the Official Map within the applicant’s parcel by to one quarter (1/4) of a maximum block length in the applicable Transect Zone; Not applicable. (d) The actual location of a street may be deviate from the location identified on the Official Map at the applicant’s property line up to one quarter (1/4) of a maximum block length in the applicable Transect Zone. Not applicable. C. Primary and Secondary Streets. Garden Street is the primary street. D. Primary and Secondary Building Façade determination. The primary façade is Garden Street. There is no secondary façade. E. Corner Radii; Clear zones. The Administrative Officer finds this criterion met. F. Alleys. The applicant is proposing to serve the off-street vehicle parking for the proposed development via an existing 22-ft wide alley connecting the proposed parking area to Garden Street. City standards 5 #SP-24-23 Findings of Fact and Decision require the Garden Street sidewalk to be continuous across that alley driveway. The applicant has included 5’ wide sidewalks separated from the alley by green strips along both sides of the alley driveway. Section 8.05 Parking A. On Street Parking. The public streets include parallel parking. B. Off-Street Parking placement. Off-street parking is located more than 25 feet from the street and the frontage buildout requirements are met. C. Structured Parking Lot Placement. The structured parking is below the ground, therefore this criterion is not applicable. D. Access to Off Street Parking. Off-street parking is accessed via an alley located just to the west of the proposed building at 200 Garden Street. Section 8.06 Special Standards A. Civic Sites. Not applicable. B. Places of Worship. Not applicable. C. Drive Throughs. Not applicable. D. Service Stations. Not applicable. E. Buffer Strip. Not applicable. F. Required Minimum Stories, Combined Stories. The required minimum number of stories is two. Four stories are proposed for this building. Proposed upper stories contain a floor area of more than 75% of the building footprint and are located directly over the lower stories for each building. Each story is equal to or above the minimum height in the T4 and all stories are below the maximum height. G. Rooftop Elements and Uses; utilities. (1) Conceal rooftop devices. The larger rooftop equipment is up to seven feet high and is proposed to be screened with opaque panels, as shown on submitted Sheet A470. Smaller equipment is proposed to be located at least 15 ft from the edge of the building, but will be screened where it is less than 15 ft from the edge of the building. The Administrative Officer finds this criterion met. (2) Flat Roof Designs. The buildings are proposed to have a flat roof, therefore architectural elements such as cornices must be included. The applicant has proposed cornices and parapets in compliance with this criterion. The Administrative Officer finds this criterion met. (3) Rooftop Use and structures. Not applicable. (4) Utility features. Utility features, such as generators, gas lines or meters, or electrical meters, shall not be located on any façade parallel to and adjacent to a street and shall be screened from view of any such street. Utility connections are proposed to be away from the primary facade. 6 #SP-24-23 Findings of Fact and Decision H. Alternate Compliance for Entrances in T4. The applicant has not requested alternative compliance for entrances. Entrances are addressed in the BES table. I. Accessory Structures Not applicable. Section 8.07 Prohibited Materials No prohibited materials have been proposed. Section 8.08 Open Space Requirements Minimum Open Space is calculated as follows: Required Amount: 200 Garden Street: 46 units x 60 sf/unit = 2,760 sf Total = 2,760 sf Qualifying open space for the T4 must be located on site or may be located within 150 feet of the site. Alternatively, qualifying open space may make use of a Large Development Area Civic Space Option. The applicant has proposed to provide 50% of their required open space, or 1,380 sf, in the Large Development Area Civic Space approved in MS-19-061. Pursuant to the conditions of that approval, the applicant has demonstrated concurrence of the property owner of this open space in the form a recordable legal instrument. The applicant has also demonstrated that the existing or proposed building within will have uninterrupted pedestrian access (save for street or driveway crossings) to such qualifying open space(s). Access consists of a paved sidewalk and recreation path intended for pedestrian and/or bicycle use. The Administrative Officer finds such uninterrupted pedestrian access to any designated open space(s) must be constructed and completed prior to the issuance of a Certificate of Occupancy for the proposed building at 200 Garden Street. The applicant proposes to provide the remaining required 1,380 sf of open space on site/within 150 feet of the site. Type: The applicant has proposed a 1,515 sf snippet/parklet in one location that straddles the subject property’s eastern lot line but is used to meet Open Space requirements for only 200 Garden Street. Approximately half of the proposed sippet/parklet is on site, and all of the proposed snippet/parklet is either on site or within 150 feet of the site. The proposed snippet/parklet is directly adjacent to the Garden Street sidewalk and includes seating landscaping as primary components of the space, and otherwise complies with the requirements of Article 11B. The Administrative Officer finds that the size and type of Open Space are met in accordance with Section 8.08, and that the proposed open space design complies with the guidelines established in Article 11B – Civic Space and Site Amenities. All products installed in the qualifying open spaces must be of high-quality materials intended to be used for commercial application, pursuant to Article 11B. Section 8.09 Uses Allowed and Changes of Use. Not applicable. Section 8.14 T-4 Building Envelope Standards 1 At the time MS-19-06 was approved, this was referred to as a Large Development Area Open Space. 7 #SP-24-23 Findings of Fact and Decision See attached completed Building Envelope Standards checklist. SITE PLAN REVIEW STANDARDS Section 14.06 Site Plan Review Standards A. Relationship of Proposed Structures to the Site (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The DRB shall consider the following: (a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. The project meets the required build-to zone requirements. (b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building foundations relate to the site’s topography and grade. The project meets the required entrance standards. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. The Administrative Officer finds the scale of the buildings consistent with surrounding context and planned development patterns. (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. The project provides pedestrian connectivity surrounding each building. Walkways are provided to the open space areas and to the building entrances. (e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of these regulations. The applicant has testified that the buildings are compliant with the solar ready zone requirements of the 2020 Vermont Commercial Building Energy Standards Appendix CA. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. The Administrative Officer finds this criterion to be met. (b) Not applicable. (c) Not applicable. (d) Not applicable. (3) The height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. Building features are addressed above. The Administrative Officer finds this criterion to be met. B. Relationship of Proposed Structures to the Site. 8 #SP-24-23 Findings of Fact and Decision (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The applicant has chosen to include first-floor residential uses within the T4 zoning district for the proposed building at 200 Garden Street. In order to provide a street presence for the residential entries, the applicant has differentiated them by placing the entry doors underneath the balconies associated with the 2nd or 3rd floor units above, and by installing windows immediately adjacent to each first-floor entrance. Each unit will have an entry number, a wall- mounted, switch-operated light fixture and at least two feet of walkway width beyond the handle side of the door. Other architectural features are addressed in the building envelope standards. The Administrative Officer finds this criterion met. (2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The project is proposed to adhere to the existing terrain and planned road network. The Administrative Officer finds this criterion met. (3) To accomplish (1) and (2), the DRB shall consider: (a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development defined by the planned or existing street grid, block configurations, position and orientation of principal buildings, prevalence of attached or detached building types. (b) Architectural Features. Respond to recurring or representative architectural features that define neighborhood character, without adhering to a particular architectural style. (c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and back yard areas through context sensitive design. The Administrative Officer finds these criteria to be met. Section 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Environmental Protection Standards. All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. Section 12.02 Wetland Protection Standards The applicant obtained state wetland permit #2013-293 in 2017, and US Army Corps of Engineers permit NAE-2016-02311 in 2018, which address the impacts to wetland for the overall City Center project. No further wetland impacts are proposed. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. These standards are contained in Article 13 and are discussed below. 9 #SP-24-23 Findings of Fact and Decision C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. 15.A.14 pertains largely to road design. No new roads are proposed as part of this application. The relevant provision of 15.A.14, paraphrased from 15.A.14E, is below. E(7) Provide for safe access to abutting properties for motorists, cyclists, and pedestrians, including safe sight distances, access separation distances, and accommodations for high-accident locations. The entrances that provide access to Garden Street are proposed to be stop controlled. D. Transportation Demand Management (TDM) [reserved] E. Building Form. Development within the City Center Form Based Code District, the Urban Design Overlay District, and other districts with supplemental building form standards shall adhere to the standards contained therein. Building features are addressed above. The Administrative Officer finds this criterion to be met. F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit requirements for additional upgrades as necessary to meet the requirements of these Regulations. Garden Street was approved in #SD-18-13 and #SP-18-18. The applicant is proposing the necessary improvements to comply with the approved street type along the site frontage for the portion of Garden Street abutting the property. These improvements must be complete prior to issuance of the certificate of occupancy for the proposed building at 200 Garden Street. G. Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The property has one street-facing front. The other three sides are developed with other multi- family buildings and their associated vehicle parking and Site Amenity areas. The subject property already has vehicular access linking the proposed off-street vehicle parking area to the existing off- street parking areas for the adjacent buildings and the two alleyways that connect these off-street vehicle parking areas to Garden Street and Market Street. H. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met. The plan indicates utilities will be underground. The Administrative Officer finds this criterion to be met. I. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. 10 #SP-24-23 Findings of Fact and Decision The applicant is proposing that the residents of the subject property use a shared trash, recycling and compost accessory structure on the adjacent lot directly west of the subject property, accessed via a series of sidewalks and crosswalks. The existing continuous pedestrian access to this shared facility will be maintained for residents of the adjacent building, 303 Market Street, during construction of 200 Garden Street. The Administrative Officer finds this criterion to be met. OTHER 3.18 Residential and Commercial Building Energy Standards Commercial buildings, as defined by 30 V.S.A. section 53(a), that are principal buildings, shall comply with the Commercial Building Energy Standards Stretch Code Guideline, as prepared and revised by the Vermont Public Service Department. New commercial buildings subject to this Section for which a complete application is submitted following the date these Regulations become effective, shall be required to meet the standards of Appendix CA: – Solar-Ready Zone of the Commercial Building Energy Standards as prepared and revised by the Vermont Public Service Department. The applicant has provided information demonstrating how they plan to meet the standards of Appendix CA. The Administrative Officer finds this criterion to be met. 3.19 On-Site Solar Photovoltaic Systems B. Applicability and Standard. This section shall apply to the receipt of a zoning permit for the construction and subsequent alteration of any building that, beginning May 11, 2023 is required by these regulations and/or the CBES, as amended from time to time, to establish a “solar-ready zone”. For any such building required to establish a solar-ready zone, there shall be installed a solar photovoltaic (“Solar PV”) system designed to maximize the use of the area of the Solar-Ready Zone employing typical Solar PV panel configurations This section is applicable to 200 Garden Street. C. Submission Requirements: The application for a zoning permit shall include: (1) Certification by a qualified professional of the Expected Building Usage and of the anticipated kWh generation of the Solar PV system, and (2) As applicable, a written statement from the relevant utility or other evidence sufficient to determine the extent to which the requirement for a Solar PV system is reduced under Subsection B (1-2). The applicant is not applying for concurrent Site Plan and Zoning Permit approval. As such, the applicant shall be required to provide these items at the time of Zoning Permit submission. 13.02 Off Street Parking and Loading G. Design requirements for Parking Spaces, Parking Aisles, Lighting and Landscaping (1) Design requirements for off-street parking and loading are provided in Table 13-2 and Figure 13-1, Section 13.04, Landscaping, Screening, and Street Trees, and Section 13.07, Exterior Lighting. All paved parking spaces shall be striped or otherwise physically delimited. 11 #SP-24-23 Findings of Fact and Decision The parking spaces meet dimensional standards. The applicant is proposing to install conduit to 52 vehicle parking spaces. Parking lot landscaping is further discussed under 13.04 below. (2) The location of parking areas and loading docks shall prevent conflicts with entering and existing traffic onto a public street and prevent conflicts between vehicles and pedestrians. The distance between access points and parking areas shall be adequate to minimize blockage and prevent back-ups onto the public street. The applicant is proposing to construct one dead-end parking aisle. In order to reduce blockages and facilitate safe turning movements for motorists who drive down the dead- end parking aisle and are unable to find an available parking space, the applicant has proposed reserving one parking space at the end of the aisle as a designated turn-around space. This space will be striped and signed as a ‘No Parking’ area. The applicant has submitted turning movements that demonstrate that vehicles will be able to safely turn around from this ‘No Parking’ area and exit the dead-end parking aisle. As a result of these measures, the Administrative Officer finds this criterion met. (3) Provision shall be made for access by police, fire and emergency vehicles. The Fire Marshal reviewed the plans on August 6, 2024 and did not provide any comments on the plans. (4) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be separated from motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate sidewalks, shall be provided on the site and its approaches. The pedestrian circulation on site shall be designed to minimize adverse effects of vehicular traffic on sidewalks and recreation paths. The Administrative Officer finds this criterion met. (5) Bicycle parking or storage facility. See Section 13.03. (6) Stormwater management strategies that facilitate infiltration including but not limited to recessed planting islands, bioretention facilities, and pervious parking spaces are encouraged in the design of any off-street parking or loading area. 13.03 Bicycle Parking and Storage. The short-term bicycle parking requirement is one space per 10 residential units, for a total of five required short-term parking spaces. The short-term bicycle parking requirement is met by providing three inverted-U style bicycle racks by the rear entrance of the proposed building. The applicant has also provided one short-term bicycle parking space in the Site Amenity, for a total of eight short-term bicycle parking spaces on the subject property. The long-term bicycle parking requirement is 46 spaces based on 46 units at one space per unit. The applicant has provided 46 parking spaces in the underground parking garage. The Administrative Officer finds the long-term bicycle parking spaces shall be spaced so that, measured perpendicular to the wall on which the bicycle rack is mounted (parallel to the bicycles themselves), there are at least 87 inches between the rack and the nearest obstruction, providing space for a bicycle and sufficient space to remove the bicycle without hitting other bicycles on the same rack. 13.04 Landscaping, Screening & Street Trees The City Arborist reviewed the provided landscaping plans on July 16, 2024 and provided one comment on the plan regarding minimum soil depth in the proposed landscape islands. The applicant addressed this comment to the satisfaction of the Arborist. 12 #SP-24-23 Findings of Fact and Decision B. Except for parking spaces accessory to a one-family or two-family dwelling, all off-street parking areas subject to review by the Development Review Board, shall be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers, as approved by the Development Review Board. Sections of recessed curb are permitted if their purpose is to allow stormwater runoff from the adjacent parking area to reach stormwater collection, treatment and management infrastructure. The Development Review Board shall consider the adequacy of the proposed landscaping to assure the establishment of a safe, convenient, and attractive parking area and the privacy and comfort of abutting properties. (1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees, shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of the parking lot from the public way and from adjacent uses and properties, and to provide shade and canopy for the parking lot. In some situations it may be necessary both for surveillance purposes and for the perception of safety to install the size and type of plants that leave visual access between the parking lot to the public way or other pedestrian areas. The parking lot perimeter is adequately screened. (2) In all parking areas containing twenty-eight (28) or more contiguous parking spaces and/or in parking lots with more than a single circulation lane, at least ten percent (10%) of the interior of the parking lot shall be landscaped islands planted with trees, shrubs and other plants. Such requirement shall not apply to structured parking or below-ground parking. The project includes 41 surface parking spaces. The applicant has provided an exhibit that shows 11% interior parking lot landscaping. The Administrative Officer finds this criterion met. (3) All interior and perimeter planting shall be protected by curbing unless specifically designed as a collection and treatment area for management of stormwater runoff as per 13.04(B)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and shall have a minimum square footage of sixty (60) square feet. Large islands are encouraged. The parking lot is proposed to be curbed. Planted islands are proposed to be more than 6 feet. The Administrative Officer finds this criterion met. (4) Landscaping Requirements (a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting shall be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall be salt-tolerant. The Administrative Officer finds this criterion met. (b) At least one (1) major deciduous shade tree shall be provided within or near the perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. 41 surface parking spaces are proposed and 9 shade trees are proposed within the interior and around the perimeter of the parking area. The Administrative Officer finds this criterion met. (c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when measured on the tree stem, six (6) inches above the root ball. Trees proposed as parking lot shade trees meet this criterion. 13 #SP-24-23 Findings of Fact and Decision (d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species should be grouped or located in a manner that reinforces the design and layout of the parking lot and the site. The Administrative Officer finds this criterion met. (e) Within the City Center FBC District, landscaping required within this section shall not count towards meeting minimum landscape budget requirements as detailed in Section 13.04(G). The applicant has not included the cost of the parking lot shade trees in computing the provided minimum landscaping budget. (7) Snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface waters. Snow storage areas have been shown on the plans. These snow storage areas are relatively small compared to the amount of snow storage that may be required to accommodate this site. The applicant has testified that, for most storms, snow will need to be hauled offsite. The Administrative Officer finds this criterion met. C. Screening or buffering. The Development Review Board will require landscaping, fencing, land shaping and/or screening along property boundaries (lot lines) whenever it determines that a) two adjacent sites are dissimilar and should be screened or buffered from each other, or b) a property’s appearance should be improved, which property is covered excessively with pavement or structures or is otherwise insufficiently landscaped, or c) a commercial, industrial, and multi- family use abuts a residential district or institutional use, or (d) a parking or loading area is adjacent to or visible from a public street. This is a multi-family use abutting similar uses. The Administrative Officer finds no additional screening to be needed this criterion met. D. Front Yards of Non-Residential and Multi-Family Uses. In the case of non-residential and multi-family uses, the required front yard and/or the frontage along designated arterial and collector streets (see Article 3, Section 3.06 for this list) shall be suitably landscaped and maintained in good appearance. Landscape elements that reduce stormwater runoff and promote stormwater infiltration are encouraged. The Development Review Board shall require the applicant to meet the provisions of sections 13.04(F) and (G). The applicant is proposing shrubs and groundcover along the fronts of the building between the building and the street. G(3) Landscaping Budget Requirements. The Development Review Board shall require minimum planting costs for all site plans, as shown in Table 13-4 below. In evaluating landscaping requirements, some credit may be granted for existing trees or for site improvements other than tree planting as long as the objectives of this section are not reduced. The costs below are cumulative; for example, a landscaping budget shall be required to show a planned expenditure of three percent of the first $250,000 in construction or improvement cost plus two percent of the next $250,000 in construction or improvement cost, plus one percent of the remaining cost over $500,000. The landscaping budget shall be prepared by a landscape architect or professional landscape designer. The applicant has estimated the building cost of 200 Garden Street to be $6,000,000. Total Building Construction or Improvement Cost % of Total Construction/ Improvement Cost Minimum Required Landscaping $6,000,000 project cost Up to $250,000 3% $7,500 14 #SP-24-23 Findings of Fact and Decision Next $250,000 2% $5,000 Remainder over $500,000 ($5,500,000) 1% $55,000 Total: $67,500 Within the T4, up to 80% of the required minimum landscaping value may be applied towards commissioned sculptures, fountains, ornamental planters, ornamental or commissioned benches, and ornamental or commissioned bicycle racks as part of a cohesive landscaping plan for the site that provides adequate planting of trees and shrubs appropriate to the site. The required landscape value and the applicant’s proposed landscaping is summarized below. 200 Garden Street Required Value Proposed Total Expenditure On-Site Landscaping $67,500.00 $67,904.90 Min 20% in trees, shrubs, and non-bulb perennial vegetation $13,500.00 min $36,726.00 Max 80% in other amenities $54,000.00 max $31,178.901 1. Includes the cost of lighted decorative pillars, specialty concrete consisting of an exposed aggregate concrete surface, and ornamental benches, all located within the proposed open space. 13.05 Stormwater Management The City Stormwater section provided comments on the plans on July 17, 2024. The applicant has addressed these comments to the satisfaction of the City Stormwater section. 13.07 Exterior Lighting Lighting requirements are summarized as follows. (1) Fixtures must be downcast and shielded (2) Illumination must be evenly distributed (3) Fixtures must be placed to minimize lighting from becoming a nuisance (4) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish (5) Poles & building mounted fixtures may be no higher than 30-ft (6) Poles must be located in safe locations Specific requirements for maximum illumination levels are included in Appendix A and are limited to 3 footcandles average at ground level. The proposed project includes 24-foot-high pole mounted site lights, wall mounted lights at 9 and 11 feet high, and bollard lighting. The Administrative Officer finds that all on-site lighting must comply with the requirements of 13.07, including the requirement that all light sources be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent streets. The applicant 15 #SP-24-23 Findings of Fact and Decision shall ensure that the bulbs in the decorative exterior lighting installations are not visible from adjoining residences and are not visible to a person on foot on the adjoining public sidewalk. Vehicle Trip Generation PM Peak Hour Trips for the proposed development are calculated as follows for the purposes of overall Vehicle Trip Generation: 46 residential units [Land Use Code 221] = 18 VTEs Total = 18 VTEs Traffic Impact Fees Traffic Impact Fees, pursuant to the Impact Fee Ordinance, are calculated based on a specified formula for residential development. The calculated amount and any credits authorized will be applied at the time of zoning permit application for the proposed building at 200 Garden Street. Section 18.01 Inclusionary Zoning B. Applicability (2) Covered Development. (a) Except as otherwise provided in this bylaw, the provisions of this section shall apply in the locations defined in Subsection (B)(1) (Applicability – Zoning Districts and Locations) to any development, notwithstanding any phasing of the development, that will result in the creation of twelve (12) or more total dwelling units through subdivision, Planned Unit Development, new construction, or the conversion of an existing structure or structures from non-residential to residential use. The proposed project will result in 46 new dwelling units. The project is therefore subject to the Inclusionary Zoning minimum requirements. C. Inclusionary Units (1) For covered development, at least fifteen percent (15%) of the total dwelling units offered for rent. Inclusionary Rental Units and at least ten percent (10%) of the total dwelling units offered for sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall be Inclusionary Ownership Units. Prior to or upon request for the Certificate of Occupancy the applicant shall notify the City whether the units will be Inclusionary Rental Units or Inclusionary Ownership Units so that the City, or its designee, may confirm that the offered rents or sales prices meet these requirements prior to issuance of the Certificate of Occupancy. In addition: (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). The applicant is proposing to construct 46 dwelling units consisting of 26 studio & one- bedroom units, 16 two-bedroom units, and 4 three-bedroom units. Inclusionary requirement: o Minimum which must be inclusionary units: 46 x 15% = 6.90 (round to 7) 16 #SP-24-23 Findings of Fact and Decision (1) Inclusionary units required under this section shall be: (a) Constructed on site, unless off-site construction is approved under Section 18.01(E)(1)(b) (Off-Site Construction). Off-site construction was approved in #MS-18-05. These proposed dwelling units are within the Project Area defined and approved in that decision. (b) Integrated into the overall project layout and similar in architectural style and outward appearance to market rate units in the proposed development. The proposed dwelling units are of a multifamily style. These proposed dwelling units are within the Project Area defined and approved with decision #MS-18-05. (iv) Inclusionary units may differ from market rate units with regard to both interior amenities and amount of Habitable Area. However, the minimum Habitable Area of inclusionary units shall be 450 square feet for studios, 650 square feet for 1- bedroom units, 900 square feet for 2-bedroom units and 1,200 square feet for three (3) or more bedrooms. If the average (mean) area of the Habitable Area of the market rate units is less than the minimum area required for the Habitable Area of inclusionary units, then the Habitable Area of the inclusionary units shall be no less than 90% of the average (mean) Habitable Area of the market rate units. None of the units at these addresses are proposed to be inclusionary. As of the time of this application, the average gross floor area of the inclusionary units within the Project Area is greater than the minimum required area for each type. The Administrative Officer finds this criterion met. (vii) The average (mean) number of bedrooms in the inclusionary units shall be no fewer than the average number of bedrooms in the market rate units. For projects involving 50 or more dwelling units, the applicant shall provide a revised estimate to the Administrative Officer at each interval of 50 dwelling units; the revised estimate shall account for the differences in estimates vs. actuals for the units permitted to date and shall apply to inclusionary units for which the Administrative Officer has not issued a zoning permit. The mean number of bedrooms in the market rate units in the project area is 1.5. The mean number of bedrooms in the inclusionary units is 1.7. This criterion is met. The inclusionary units have already been constructed. C. Affordability Requirements The basis for determining maximum rental and purchase prices for inclusionary units and applicant rental or purchaser household eligibility for accessing inclusionary units under this section are described below. The data used to determine the incomes, rents and purchase prices is updated annually by U.S. Department of Housing and Urban Development (HUD). The Vermont specific data is updated annually on the Vermont Housing Data website, managed by the Vermont Housing Finance Agency, in a table titled “Maximum rent and purchase price affordability thresholds by income and household size”. Refer to this table in administration of this section. This requirement is addressed through decision #MS-18-05. I. Administration and Compliance (1) Application Requirements. In addition to other submission requirements applicable to proposed projects specified within this bylaw, applications under this section shall include the following information: 17 #SP-24-23 Findings of Fact and Decision a) A site or subdivision plan that identifies the number, locations, types, and sizes of inclusionary units in relation to market rate units; b) Documentation supporting the allocation of inclusionary and market rate units, including inclusionary unit set aside calculations; c) A description of each unit’s type, floor area, number of bedrooms, estimated housing costs, and other data necessary to determine unit affordability; d) A list of proposed options, if any, to be incorporated in the plan, as provided for under Subsection (E) (Developer Options) of this Article; e) Documentation regarding household income eligibility; f) Information regarding the long-term management of inclusionary units, including the responsible party or parties, as required to ensure continued affordability; g) Draft legal documents required under this section to ensure continued affordability; h) Construction timeline for both inclusionary and market rate units; and i) Other information as requested by the Administrative Officer to determine project compliance with inclusionary zoning requirements. These requirements are addressed through decision #MS-18-05. BUILDING ENVELOPE STANDARDS See following pages 18 #SP-24-23 Findings of Fact and Decision Primary Building Façade Requirements Applicant Self- Evaluation, 200 Garden St Criteria Satisfied (AO Evaluation), 200 Garden St Primary Façade Primary Façade (B) Lot Standards (1)Lot Dimensions (a)Lot size N/A N/A (b)Lot Width N/A N/A (2)Lot Occupation (a)Percentage of Lot Coverage N/A N/A (b)Units per acre N/A N/A (C) Building Standards (1) Building Types (a)All Types N/A N/A (2)Building Stories (a)Principal 4 Yes (b)Accessory N/A N/A (3)Floor-to-Floor Height (a)First story 12'-9"Yes (b)Upper Stories 10'-9" to 14'0"Yes (4)Build-to-Zone (a)Primary Build-to-Zone (See note 3)0' Min., 12' Max.8' to 12'Yes (b)Secondary Build-to-Zone (See note 3)0' Min., 24' Max.12' to 16.1'Yes (5)Frontage (a)Frontage Buildout , Primary Streets (See note 3)70% Min.186.6'/240.2' = 77.7%Yes (b)Frontage Buildout , Secondary Streets (See note 3)70% Min. within 80' of Primary Street, 50% Min. elsewhere N/A N/A (b)Percentage of Frontage Buildout within the Primary Build- to-Zone (See note 3)75% Min.168.0'/186.6' = 90%Yes (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone (See note 3)0% Min., 25% Max.18.6'/186.6' = 10%Yes (6)Entrances (a) Average frequency of Public Entrances, non-residential first story use (See note 3)36' Max.N/A only residential uses on first story (b) Maximum distance between Public Entrances, non- residential first story use (See note 3)46' Max.N/A only residential uses on first story (c ) Average Frequency of Operable Entrances, residential first story use (See note 3)36' Max.21'-0"23'-9" (d) Maximum distance between Operable Entrances, residential first story use (See note 3)46' Max.45'-0"Yes (7)Glazing (a)First Story Min. 40% of the Width of the Building, and Min. 7.5' in Height for non- residential and 6' in height with min. window head height of 7.5' for residential 68%Yes (b)First Story, percent of glazing required to be transparent 75% Min.83%Yes (c )Upper Stories See Note 2 42%See Note 2 (d)Ground story residential privacy Ground story facades facing a street or public park shall be designed to provide privacy to the interior of the units through either establishing a window sill height of at least 36" above the adjacent sidewalk or a combination of landscaping and hardscaping to create the same effect. Window sill is 24" above FFE and ~48" above sidewalk Yes 24' Max. 14' Max 200 Garden St T4 BES Standard None None None Permitted 2 Min., 5 Max. 1 Max. None 19 #SP-24-23 Findings of Fact and Decision (8)Building Breaks (a)Building Horizontal Façade Min. 3 every 80'"Satisfied" 7 required, 7 provided excluding balconies, Yes (b)Single Span of Horizontal Facade Without a Break 48' Max.36'-5"Yes (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules Yes (D) Block and Street Standards (1)Blocks (a)Perimeter (See note 3)N/A (b)Length (See note 3)N/A (2)Street & Connection Types (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 Garden Street Existing Yes (j)Path (k)Pedestrian Pass (l)Alley (m) All other street types (4)Curb Cuts (not including street intersections) (a)On Market Street N/A N/A (b)On Garden Street Existing curb cut No new curb cut proposed (b)All other streets N/A N/A (E ) Parking Standards (1)Parking Requirements (a)Per Residential Unit 70 spaces/46 units=1.5 Yes (2) Location & Screening (a) N/A no commercial requirements (b)"Satisfied"111', Yes (c )N/A N/A (d) N/A screened by buildings (e)"Proposed"Yes (f) "Satisfied" all parking behind building (3) Off-Site Parking N/A N/A N/A N/A No subdivision proposed N/A N/A 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 shall only be permitted in compliance with applicable BES standards for building frontage Prohibited Permitted Connection, Not 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 100' Min. distance between curb cuts Parking under structures is encouraged (b) Off-site parking within 1200’ may be used to meet parking requirements for non- Residential uses. Permitted, Qualifies as a Street 2 spaces Max. 2,800' Max. 300' Min., 700' Max. Encouraged 20 #SP-24-23 Findings of Fact and Decision (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 (b) (c ) (d) (e) (f ) (2) (a) (b) (c) (d) (e)Such building shall comply with all other provisions of these Regulations. (3) (a) (b) (4) N/A subject lot not in a Gateway Area (5) N/A proposed building is only 4 stories (G) Streetscape Standards (1)General Standards (a) "Satisfied"Yes (b)"Satisfied"Yes (c ) N/A no changes proposed to exsiting Garden Street ROW subject lot only abuts other T4 lots proposed building is 4 stories N/A N/A N/A proposed building is 4 stories 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 building located within one hundred and fifty feet (150') from the R4 or R7 District boundary shall exceed four (4) stories in height. Large Single Story Principal Buildings. New large single-story principal buildings shall be permitted subject to the following requirements: Gateway Area. Within a Gateway Area, corners of buildings located at street intersections shall include one or more significant architctural features, such as but not limited to, vertical projections, changes in materials, top-story open spaces, and/or first- floor prominent features. All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. 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, 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: Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. 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. 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; Upper Story setbacks. Except where located within a Gateway Area, all stories not categorized as a rooftop structure in Section 8.06 above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the primary and secondary building facades. 21 #SP-24-23 Findings of Fact and Decision (2)Streetscape requirements (a)Benches N/A N/A (b)Bicycle Parking N/A N/A (c )Street Tree Spacing, on center N/A N/A Notes (1) N/A N/A (2)Upper Story Glazing Shall comply with the following standards: 42%Yes 89%Yes "Satisfied"Yes "Satisfied"Yes 100%Yes (3)N/A N/AStandard does not apply to a building façade abutting an Intertstate or Interstate ramp (d) Glazing on upper stories shall not be flush with building surface material and shall be (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. Permitted May be used to meet short-term requirements of 13.14 50' Max. average (a) Upper story glazing shall be a minimum of 30% of the façade area below the roofline on the primary building facade 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. (e) A minimum of 85% of all required glazing shall be transparent 22 #SP-24-23 Findings of Fact and Decision DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-24-23 of The Snyder-Braverman Development Co., LLC, subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 3. The applicant must obtain a zoning permit within six (6) months from the date of this decision, or this approval expires and is null and void. The applicant may submit a request for an extension to obtain a zoning permit under the terms outlined in Section 17.04 of the LDR’s, but the request must be submitted prior to the expiration of this approval. 4. Prior to issuance of a zoning permit, the applicant must file a copy of the Large Development Area Open Space agreement in a form acceptable to the City Attorney. 5. Prior to issuance of a zoning permit to construct the proposed building, the applicant must receive final water and wastewater allocation for that building. 6. Traffic Impact Fees, pursuant to the Impact Fee Ordinance, are calculated based on a specified formula for residential development. The calculated amount and any credits will be applied at the time of zoning permit application. 7. Prior to issuance of a zoning permit, the applicant shall provide an infrastructure bond for the cost of required improvements (including street trees) for the planned public street plus 15% contingency in an amount approved by the Director of Public Works. 8. Prior to issuance of a zoning permit, the applicant must post a landscaping bond for the incremental approved planting value (calculated in accordance with the methodology in LDR 15.A.20B(2)). This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 9. Prior to issuance of a zoning permit, the applicant must provide certification by a qualified professional of the Expected Building Usage and of the anticipated kWh generation of the Solar PV system. 10. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the building. 11. Specialty concrete shall consist of an exposed aggregate concrete surface as shown in the inset provided on submitted Sheet L1.0, or as may be approved by the Administrative Officer. 12. Garden Street shall be ready for acceptance prior to issuance of a certificate of occupancy for the proposed building, including necessary improvements to comply with the approved street type along the site frontage for the street for the adjoining building. 13. The existing temporary 5-feet-wide paved sidewalk along the south frontage of 200 Garden Street shall be maintained throughout construction until such time as the final new paved rec path and concrete sidewalk are in place. 14. Uninterrupted pedestrian access to any designated open space(s) must be constructed and completed prior to the issuance of a Certificate of Occupancy for the proposed building. 15. All products installed in the qualifying open spaces must be of high-quality materials intended to be used for commercial application, pursuant to Article 11B. 23 #SP-24-23 Findings of Fact and Decision 16. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 17. A ROW Permit shall be obtained prior to commencement of construction within the City ROW. 18. On-site surface parking must be shared between all on-site uses. 19. Long-term bicycle parking spaces shall be spaced so that, measured perpendicular to the wall on which the bicycle rack is mounted (parallel to the bicycles themselves), there is at least 87 inches between the rack and the nearest obstruction, providing space for a bicycle and sufficient space to remove the bicycle without hitting other bicycles on the same rack. 20. Bicycle parking and clothes lockers must be installed in a manner meeting the minimum standards of Section 13.14. 21. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 22. The applicant is responsible for maintaining landscaping in a vigorous growing condition. Damage due to snow storage should be remedied during the next growing season. If plantings do not thrive with coincident snow storage, the applicant must revise the location of snow storage on the approved plans. 23. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 24. All on-site lighting must comply with the requirements of 13.07, including the requirement that all light sources be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. 25. The applicant shall ensure that the bulbs in the decorative exterior lighting installations are not visible from adjoining residences and are not visible to a person on foot on the adjoining public sidewalk 26. All new buildings are subject to the Vermont Commercial Building Energy Standards and Appendix CA thereof pursuant to Section 3.18: Residential and Commercial Building Energy Standards of the LDRs and Section 3.19: On-Site Solar Photovoltaic Systems 27. Any change to the approved plan will require approval by the Administrative Officer. Signed on this 4th day of September 2024 by ___________________________________________ Marty Gillies, Administrative Officer 24 #SP-24-23 Findings of Fact and Decision PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.