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HomeMy WebLinkAboutSD-15-02 (B) - Decision - 0001 Dorset Street#SD-15-02(B) l Halvorsen Development, 1 Dorset Street CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING HALVORSEN DEVELOPMENT--- 1 DORSET STREET RE -OPENED FINAL PLAT APPLICATION #SD-15-02(8) FINDINGS OF FACT AND DECISION Halvorsen Development, hereinafter referred to as the Applicant, is seeking approval under the South Burlington Land Development Regulations ("LDRs") to amend a previously approved Planned Unit Development ("PUD") consisting of a 9,356 sq. ft. restaurant building, a 71 room hotel (Comfort Suites), and an 89 room hotel (Homewood Suites). The requested PUD amendment consists of razing the existing restaurant building and constructing an 11,242 sq. ft. retail building and a 550 sq. ft. detached accessory structure. The application was received on January 23, 2015. The Development Review Board, hereinafter referred to as the Board, held a final plat review public hearing on February 17, 2015 and it was closed on this same date. At the request of the Applicant, the hearing was reopened on March 17, 2017. The reopened hearing was continued to, held, and closed on April 7, 2015. The Board issued a decision on SD-15-02 on May 6, 2015, denying the application. The applicant submitted a motion to reconsider the decision on May 20, 2015. The Board held a public meeting on May 27, 2015 to consider the motion. On May 29, 2015, the Board issued a decision to re- open the application for the purpose of holding a public hearing in order to reconsider its previous decision. The Board held a final plat review public hearing on the re -opened application on July 7, 2015. The Applicant was represented at the July 7 hearing by Thomas Vincent, Liam Murphy, and Debra Bell. The owner of record is Larkin Family Partnership. Krislin, LLC is the lessee of that portion of the subject property for which the PUD amendment is requested. The plan set submitted consists of 19 pages. Page seven (7) [Sheet C2-01] of the plan set is entitled "Halvorsen Development One Dorset Street South Burlington, VT Overall Site Plan", prepared by Trudell Consulting Engineers, dated 8/22/14 and last revised on 6/25/15. Based on the Applicant's testimony, plans and materials contained in the document file for this application, the Board finds, concludes, and decides the following: FINDINGS OF FACT 1. Applicant is seeking approval to amend a previously approved PUD consisting of a 9,356 sq. ft. restaurant building, a 71 room hotel (Comfort Suites), and an 89 room hotel (Homewood Suites). 1 #SD-15-02(B) Halvorsen Development, 1 Dorset Street 2. The requested amendment consists of razing the existing restaurant building and constructing an 11,242 sq. ft. retail building and a 550 sq. ft. detached accessory structure. The detached accessory structure has been identified by the Applicant as a pergola. 3. The subject property's street address is 1 Dorset Street. It is located at the intersection of Dorset Street, Williston Road, and the 1-89 northbound off -ramp. 4. The subject property is a corner lot. As a corner lot, the subject property is deemed to have two front yards, two side yards, and no rear yard. See Section 2.02, Definitions ("A lot located at the intersection of two or more streets or abutting a curved street in such a way that the front building line meets either side lot line at interior angle of less than 135 degrees... A corner lot shall be deemed to have two front yards and two side yards and no rear yard. " ) 5. The property is located in the Commercial 1 — Residential 12 (C1-1112) Zoning District. A portion of the property is located in the Interstate Highway Overlay District. The property is located in the Traffic Overly District 2A. The property is located within the City's Core Area as defined in the City's Comprehensive Plan. 1. DIMENSIONAL REQUIREMENTS Pursuant to Section 5.01 of the LDRs, the area, density, and dimensional requirements for the Commercial 1 District are those set forth in Table C-2, Dimensional Standards. The following are the dimensional standards for the Commercial 1— Residential 12 Zoning District, set forth in Table C-2: Minimum Lot Size. The minimum lot size for the C1-R12 district is 40,000 sq. ft. The subject property contains 5.61 acres. The Board finds that this criterion is met. Maximum Site Coverage, Buildings Only. The maximum site coverage for buildings in the C1-R12 district is 40%. The proposed project will result in building lot coverage of 17.3%. The Board finds this criterion is met. Maximum Site Coverage, Including Buildings, Parking and All Other Impervious Surfaces. The maximum site coverage in the C1-R12 district, including buildings, parking, and all other impervious services is 70%. The proposed project will result in total lot coverage of 70.4%. The Board notes that at the preliminary plat stage, it had approved a set of plans that were labelled as having a total lot coverage of 74.1% (though the preliminary plat decision itself listed a lot coverage of 65.8%). In recognition of the preliminary plat approval and the applicant's effort to return the plans near to the maximum, the Board finds this criterion is met. Minimum Front Yard Setback, Williston Road and Dorset Street. See discussion below. Minimum Side Yard Setbacks. As noted above, pursuant to Section 2.02, Definitions, the subject property is a corner lot and deemed to have two side yards. The minimum side yard setback for buildings in the C1-R12 district is 10 feet. The proposed project will have side yard setbacks exceeding 10 feet. The Board finds this criterion is met for both side yards. 2 #SD-15-02(B) Halvorsen Development, 1 Dorset Street Minimum Rear Yard Setback. As noted above, pursuant to Section 2.02, Definitions, the subject property is a corner lot and deemed to have no rear yard. The Board finds this criterion is not applicable. Maximum Structure Height, Accessory Structure. The maximum accessory structure height in the C1-R12 district is 15 feet. The proposed pergola structure is 12 feet high. The Board finds this criterion is met. Maximum Structure Height, Principal Structure. The maximum principal structure height in the C1- R12 district is 35 feet. The proposed principal structure is 30 feet to the highest point of the pitched roof (mid -point calculation not provided). The Board finds this criterion is met. Minimum Front Yard Setback, Williston Road. As set forth in Section 3.06(B) (1), for certain arterial and collector streets in the City, including Williston Road and Dorset Street, the 50 foot setback is measured from the edge of the planned right-of-way. The planned right-of-way and exiting right-of-way in this location of Williston Road are coincident. The proposed retail structure will be located approximately 7 ft. from the edge of the planned right-of-way for Williston Road. The Board finds that this criterion is not met, and therefore a waiver of43 ft. is required. Minimum Front Yard Setback, Dorset Street. The subject property is located north of Swift Street on Dorset Street. Pursuant to Section 3.06(B) (1), the required front setback is 50 feet from the edge of the planned right-of-way. The planned right-of-way and exiting right-of-way in this location of Dorset Street are coincident. The proposed pergola structure will be located 6.3 feet from the edge of the planned right-of- way and the proposed retail building will be located approximately 14 feet from the edge of the planned right-of-way. The Board finds that this criterion is not met, and therefore waivers of 43.7 feet for the pergola and 36 feet for the retail building are required. Maximum Front Yard Coverage, Williston Road and Dorset Street. As set forth in Section 3.06(H), in the case of nonresidential uses, not more than 30% of the area of the required front setback may be used for driveways and parking and the balance must be suitably landscaped and maintained in good appearance. The proposed project will result in 44.4% front yard coverage on Williston Road and 48.6% front yard coverage on Dorset Street. The Board finds this criterion is not met for both Williston Road and Dorset Street front yard coverages, and therefore waivers of 14.4% for Williston Road and 18.6% for Dorset Street are required. Table 1. Dimensional Requirements C1 Zoning District Required Existing Proposed Met? Minimum Lot Size 40,000 SF 5.61 acres 5.61 acres Yes Maximum Site Coverage, Buildings 40% 17.0% 17.3% Yes Only Maximum Coverage, Yes (see Including Buildings, o 70% 0 68.8/0 o 70.4/o discussion Parking and All Other above) Impervious Surfaces Minimum Front Yard 50 ft. from edge of planned Waiver Setback (Williston ROW (= 50 ft. from edge of > 50 ft. Principal structure proposed 7 Requested #SD-15-02(B) Halvorsen Development, 1 Dorset Street C1 Zoning District Required Existing Proposed Met? Road) existing ROW) ft. from edge of planned right- of-way Minimum Front Yard 50 ft. from edge of planned Accessory structure proposed Setback (Dorset ROW (= 50 ft. from edge of > 50 ft. 6.3 ft. from edge of planned Waiver Street) existing ROW) ROW. Principal building Requested proposed 14 ft. from edge of planned ROW Minimum Side Yard Setback (Williston 10 ft. > 10ft. > 10 ft. Yes Road) Minimum Side Yard Setback (Dorset 10 ft. > 10ft. > 10 ft. Yes Street) Minimum Rear Yard n/a n/a n/a n/a Setback Maximum Building 15 ft. n/a 12 Yes Height Accessory Maximum Building Height Principal 35 ft. to mid -point n/a 30 ft. to mid -point Yes (Pitched) Maximum Front Yard Coverage (Williston 30% 89% 44.4% Waiver Road) Requested Maximum Front Yard Coverage (Dorset 30% 54.9% 48.6% Waiver S Street) Requested 2. DIMENSIONAL WAIVERS As noted above, the Applicant is seeking approval to amend a previously approved Planned Unit Development. In reviewing an application for a PUD, the Board must determine whether an application has sufficiently adhered to the purposes of a PUD. This is evaluated by considering the project — and property — as whole. The purpose of PUD is to "provide for relief from the strict dimensional standards for individual lots in [the LDRs] in order to encourage innovation in design and layout, efficient use of land, and the viability of infill development and re -development in the City's Core Area, as defined in the Comprehensive Plan." Section 15.01. In conjunction with PUD review, the modification to the LDRs is permitted "subject to the conditions and standards in this Article and other applicable provisions of the [] Regulations." Section 15.02 (A) (3). Waivers from dimensional standards are reviewed individually but also considered in their totality to determine whether a project, as a whole, meets the purpose of the Regulations. PUD applicants "must provide a list of waivers and other relief sought through PUD review from the strict dimensional standards, subdivision standards, site plan review standards, or other applicable provisions of these Regulations." Section 15.04 (B). The Applicant has requested waivers for the Minimum Front Yard Setback for Williston Road and Dorset Street and the Maximum Front Yard Coverage for Williston Road and Dorset Street. Applicant's waiver requests are addressed below: 4 #SD-15-02(B) Halvorsen Development, 1 Dorset Street Minimum Front Yard Setback, Dorset Street. Applicant has requested a waiver to locate the accessory pergola structure six feet from the edge of the Dorset Street planned right-of-way and the principal retail building 19.5 feet from the edge of the Dorset Street planned right-of-way. Both are well within the 50 ft. setback. In reviewing an application for a PUD and granting waivers from the Board must find, as a whole, that the project is advancing "innovation in design and layout, efficient use of land, and the viability of infill development and re -development in the City's Core Area, as defined in the Comprehensive Plan." Section 15.01. Applicant has proposed the pergola to increase the amount of building width in order to comply with the building width to parking area width ratio. It is acknowledged that the pergola is intended, in part, to meet the mathematical ratio of "buildings" to "parking areas" under Section 14.06 (13)(2)(C). The pergola does, however, include seating and shelter areas, and the architecture of the pergola and the retail building integrate this portion of the site with the existing hotel further to the south along Dorset Street and provide substantial windows and use of materials and details to make for a pleasant walking experience. A walkway connecting the south entrance with Dorset Street has also been proposed. The Board finds that the location of the pergola and the retail building, when looked at together with the proposed project as a whole, are acceptable The Board approves the waiver for the minimum front yard setback for Dorset Street for both the pergola structure and the retail building. Minimum Front Yard Setback, Williston Road. With respect to a waiver for the front yard setback for Williston Road, the Board notes that the Applicant proposes to locate the principal building 7 feet from the edge of the planned right-of-way. In addition to the architecture described above, the applicant has proposed a prominent two-way entrance onto the Williston Road side of the building. The Board finds that the location of the pergola and the retail building, when looked at together with the proposed project as a whole, are acceptable. The Board approves the waiver for the minimum front yard setback for Dorset Street for both the pergola structure and the retail building. Maximum Front Yard Coverage, Williston Road and Dorset Street. Applicant has requested a waiver from the Maximum Front Yard Coverage requirements for Williston Road and Dorset Street. Under the LDRs, in the case of nonresidential uses, not more than 30% of the area of the required front setback may be used for driveways and parking and the balance must be suitably landscaped and maintained in good appearance. The proposed project will result in 44.3% front yard coverage on Williston Road and 48% front yard coverage on Dorset Street. The Board has previously granted waivers for this property to allow 89% and 54.9% front yard coverage for Williston Road and Dorset Street. The Board notes that proposed project would improve compliance with this criterion. Having found that the proposed project as a whole does constitute innovative design and layout / efficient use of land, and does increase the viability of infill development and re -development in the City's Core Area, the Board approves the waiver for the Maximum Front Yard Coverage requirements for Williston Road and Dorset Street. 3. PLANNED UNIT DEVELOPMENT CRITERIA Section 15 of the LDRs addresses Subdivision and Planned Unit Development Review. It reads, in part, as follows: 15.01 Purpose It is the purpose of the provisions for subdivision and Planned Unit Development (PUD) review to provide for relief from the strict dimensional standards for individual lots in these Regulations in order to encourage innovation in design and layout, efficient use of land, and the viability of infill 5 1 #SD-15-02(B) Halvorsen Development, 1 Dorset Street development and re -development in the City's Core Area, as defined in the Comprehensive Plan. It is the further purpose of this Article to coordinate site plan, conditional use and subdivision review into a unified process. The Development Review Board shall administer these regulations for the purpose of assuring orderly growth and coordinated development in the City of South Burlington and to assure the comfort, convenience, safety, health and welfare of its citizens. In reviewing a PUD application, the Board must determine whether the proposed project sufficiently adheres to the purposes of a PUD. The Board evaluates this by considering the project as whole. Adherence to individual Subdivision and Site Plan standards, and requests for waivers from dimensional standards, the latter of which may only be granted as part of a PUD approval, are reviewed by the Board individually but are also considered in their totality to determine whether the proposed project, as a whole, meets the purpose of the Land Development Regulations. Specifically, the Board must find, that the project, as a whole, advances "innovation in design and layout, efficient use of land, and the viability of infill development and re -development in the City's Core Area, as defined in the Comprehensive Plan... for the purpose of assuring orderly growth and coordinated development in the City of South Burlington...." Innovation in design and layout. In consideration of all of the above, the Board finds that the proposed development has established a built form and an architectural pattern that serves to unite previously disparate elements of this Planned Unit Development. The proposed pergola and retail building apply similar materials and architectural features to the existing Homewood Suites. The retail building is designed in a manner that provides an effective vertical transition to the four-story structures to the south on the property. The retail building has established a prominent entry on Williston Road and a walkway from Dorset Street to a near -corner entry on the south side of the building. The bicycle rack is located in a manner that is accessible and prominent. The pergola building includes seating and sufficiently ties the separate elements of the property together through its landscaping and architecture. Finally, a walkway has been installed on the northwest corner of the property in recognition of the long-standing pedestrian circulation pattern from the bridge over the Interstate towards Dorset Street. The Board finds that the broad standard for innovation in design and layout of the property is met. Efficient use of land and Viability of infill development and re -development in the City's Core Area. The applicant has proposed a site design that substantially reduces setbacks to Dorset Street and Williston Road. This is accompanied, in this application, by a site design, and in particular by a building architecture that reinforces an inviting, pedestrian -friendly environment. The building has significant proportions of glazing on three sides and quality materials on four sides. The parking on the property is shared. The Board finds that while the property could likely be built at a higher density and therefore have a more efficient use of land and support additional infill development and re -development in the City's Core Area, the present design is sufficient to be meet this standard. Pursuant to Section 15.18(A) of the LDRs, all PUDs must comply with the following standards and conditions: (1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. The subject property is served by public water and public sewer. The Applicant has stated that the proposed conversion from a restaurant to a retail use would not require additional water or wastewater for the PUD. L #SD-15-02(B) Halvorsen Development, 1 Dorset Street The City's Water Department and Planning & Zoning Department concur. The Board concurs and finds this criterion is met. (2) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. The Board finds that the proposed project will 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 will meet the standards set forth in Section 16.04 of the LDRs. The Board finds this criterion is met. (3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. Access to the project is a 55 ft. foot wide entry and exit drive from Dorset Street. This entry drive will be shared by the Comfort Suites hotel, Homewood Suites hotel and the proposed retail building. The entry and exit are separated by a 12 ft. wide curb reveal reduction. The Applicant has proposed to lower the curb reveal island height such that it is flush to accommodate delivery vehicles and fire apparatus. The Applicant has indicated that the change from a restaurant to a retail use will not result in an increase in p.m. peak hour trips. The Board concurs. The Applicant has proposed that the southwest entry to the parking lot to be 18 ft. wide and the entry will be striped to indicate it as an entry -only location. Signage will be installed to direct the retail building users to exit at the southwest corner. The Board finds that while the proposed project's circulation and traffic are not ideal given the proximity of the Dorset Street curb cut to the busy Williston Road intersection, this is a pre-existing condition and the curb cut is located in the best possible location. Further, while the proposed project will increase traffic over current conditions (as the existing restaurant is vacant), the proposed project does not represent an increase in traffic over what is presently allowed for the site. The Board finds that access, circulation and traffic management have been adequately addressed and that this criterion is met. (4) The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project's impact on natural resources. The Board finds there are no wetlands, streams, wildlife habitat, or unique natural features on the site and that this criterion is met. (5) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. As set forth in the Comprehensive Plan, the proposed project is located within the City's Core Area within 7 #SD-15-02(B) Halvorsen Development, 1 Dorset Street the area described as the Williston Road Area, further described as a Commercial Center: Existing Land Use the Williston Road Area - Northern Half of the City Cloverleaf access to the Interstate at Williston Road has encouraged several large shopping centers and major motel chains to cluster in an area that already has heavy concentrations of traffic. In 1987, the area surrounding Dorset Street and Market Street was designated as the future City Center of South Burlington. This area is planned to be a downtown consisting of higher density, mixed uses including residential, retail, office, and the municipal and school complex. This area is planned to be the focus or physical center of the City where people and visitors can live, work and shop within a physically attractive, pedestrian friendly environment. (Comprehensive Plan p. 23) Future Land Use Commercial Centers These areas generally follow the Shelburne Road and Williston Road Corridors. These areas are intended to consist predominantly of commercial uses, however, residential and industrial can be mixed throughout the area. These centers are generally already developed with commercial establishments. Therefore, growth will occur primarily as infill or conversion development. The City encourages mixed -use development in these areas (e.g. mixed residential/commercial or mixed retail/office/restaurant) to encourage pedestrian movement, use of public transportation services, and shared parking opportunities. These areas are intended to meet both local and regional shopping and employment needs. (Comprehensive Plan p. 27) Section 5.01 Commercial 1— C1 Purpose. A Commercial 1 District is hereby formed in order to encourage the location of general retail and office uses in a manner that serves as or enhances a compact central business area. Other uses that would benefit from nearby access to a central business area, including clustered residential development and small industrial employers, may be permitted if they do not interfere with accessibility and continuity of the commercial district. Large -lot retail uses, warehouses, major industrial employers, and incompatible industrial uses shall not be permitted. Planned Unit Developments are encouraged in order to coordinate traffic movements, promote mixed -use developments, provide shared parking opportunities, and to provide a potential location for high - traffic generating commercial uses. Any uses not expressly permitted are prohibited, except those that are allowed as conditional uses. The proposed project consists of constructing an 11,242 sq. ft. retail building and a 550 sq. ft. detached accessory structure (the pergola) at the corner of Williston Road and Dorset Street, adjacent to the 1-89 northbound off -ramp. The PUD consists of these structures and the two Comfort Suites and Homewood Suite buildings located to the south. The Board finds the proposed project is visually compatible with the planned development patterns of the Commercial Centers area in the Comprehensive Plan and the Commercial 1 District of the Land Development Regulations. Specifically, the Board finds that the combination of the proposed principal retail building and the detached accessory pergola are situated on this prominent City corner lot in a manner that sufficiently enhances a compact central business area and sufficiently promotes pedestrian movement through the use of quality materials and easily accessible entries. The proposed principal retail structure has been designed with high -quality materials on all four sides and integrates into the remainder of the site and H. #SD-15-02(B) 1 Halvorsen Development, 1 Dorset Street its surroundings. The accessory pergola structure is employed to meet a parking requirement and does, if minimally, join the site together and support the visual compatibility of the planned development patterns. For these reasons, the Board finds that this criterion is met. (6) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. This is among the densest and most urban areas in the City. Large areas of open space would be uncommon and unfitting. Still, there is a large swath of open land along the property's boundary with the Interstate. No development is permitted in this Interstate overlay district. As noted for previous applications concerning this property, the Applicant is also proposing to keep green space along its southern boundary which is shared with the University Mall. The Board finds that this criterion is met. (7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval including, but not be limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. The Fire Chief submitted a letter to staff dated March 25, 2015 in which he indicated that certain issues he had previously raised with the Applicant were not addressed in the latest set of plans. These issues are: a. The raised island separating the in/out lanes was supposed to be flush with the road with a different road surface texture per our February 2015 discussions, b. The island to the south of the entrance should be tapered on all sides; c. The parking lot island on the east side should be flush with different road surface texture or moved two parking spots west. The Applicant addressed each of these items. The Fire Chiefs letter of March 25, 2015 also included several additional items: 1. Commercial structures and multi family units will need fire protection plan review from the South Burlington Fire Marshal's office to review for compliance with the Vermont Fire and Building Safety Codes. 2. Provide emergency key boxes, location to be specified by SBFD. 3. Sprinklers, fire alarms, and standpipes per the VFBSC. 4. Provide 24 per day off -side (central station) monitoring of all fire alarm and protection systems. The Board finds that this criterion is met, and that the applicant shall comply with items 1-4 above. (8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. 0 { { #SD-15-02(B) Halvorsen Development, 1 Dorset Street The PUD has an approved connection to the property to the south. Sidewalks are existing along Dorset Street and Williston Road, and additional sidewalks are proposed to connect the building to the pergola and hotels. Stormwater enhancements are proposed along the western side of the property. See below for discussion of landscaping. The Board finds that this criterion is met. (9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. Previous plans and discussions of the property showed a need for a pedestrian connection to the mall property to the south. A connection is shown along the eastern edge of the parking area. The Board finds this acceptable. The Deputy Director of Public Work, Tom DiPietro, submitted comments to staff in an email dated 2/12/15 as follows: 1 reviewed the plans for Halvorsen Development project that were prepared by Trudell Consulting Engineers and last revised on 12122114. 1 would like to offer the following comments: 1. This project is located in both the Potash Brook and Centennial Brook watersheds. These watersheds are listed as stormwater impaired by the State of Vermont Department of Environmental Conservation (DEC). 2. The project area appears to be covered under an existing State of Vermont stormwater permit. The applicant should confirm that the proposed stormwater treatment system complies with State of Vermont permit requirements, specifically as they relate to redevelopment. 3. The project will likely disturb greater than 1 acre of land and will therefore require a stormwater construction permit from the Vermont DEC Stormwater Division. The applicant should acquire this permit before starting construction. 4. The applicant should confirm that they've provided sufficient maintenance access to the underground storm water infiltration gallery. 5. The applicant should consider implementing measures to ensure that the first flush of water entering the underground infiltration gallery is preferentially routed to the "isolator row". Typically this is achieved by including a small overflow weir in the upstream manhole (DMH2 in this case). 6. The DRB should consider including a condition that requires all stormwater treatment and conveyance infrastructure be properly maintained. Thank you for the opportunity to comment. -Tom The Deputy Director of Public Works, in an email dated February 13, 2015, indicated that with the response from the Applicant to his comments, he is satisfied with the plans. The Director of Public Works indicated in an email dated February 13, 2015, that he had no comments on the project. The Board finds the proposed project to be consistent with the City's roadway plans. For this reason the Board finds that this criterion is met, and that the applicant shall comply with items 1-6 above. (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). 10 { { #SD-15-02(B) Halvorsen Development, 1 Dorset Street As noted above, the proposed project is located within the Comprehensive Plan's Core Area within the area described as the Williston Road Area, further described as a Commercial Center. The Comprehensive Plan contains two Recommendations specific to commercial corridors: 3. Commercial Corridors a) The City should explore and encourage, through whatever means available, mixed -use development and redevelopment in its existing commercial corridors (i.e., Williston Road and Shelburne Road). The City should review its zoning regulations and consider increasing residential densities or providing other incentives to encourage more mixed residential/commercial development. b) Similarly, the City should encourage through its zoning regulations development which promotes improved aesthetics, public transportation and traffic improvements, and pedestrian amenities. The Plan also includes a chapter on South Burlington's Visual Design. Goal Statement: It should be the goal of the City to allow for responsible development that positively contributes to the landscape while preserving the essential elements of the City's landscape that define South Burlington for future generations to enjoy. Objective: The City should encourage through site plan and subdivision review, the incorporation of techniques designed to improve the aesthetics of new and existing development. The proposed project is a commercial use and is an infill development. The proposal is to add a retail use to two commercial hotel facilities on the property. The project is, at a basic level, minimally consistent with the plan in terms of redevelopment and activity, and advances public transportation access, but does not employ any significant shared parking opportunities. The Board finds this criterion to be met. 4. SITE PLAN, GENERAL CRITERIA Pursuant to Section 14.03(A) (6) of the Land Development Regulations, all PUDs require site plan approval. Section 14.06 establishes general review standards for all site plan applications. The following site plan criteria have been considered by the Board under Section 14.06: B. 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. With respect to the transition from structure to site, the Board finds that the proposed retail building's architecture presents an accessible and visually interesting presence on a prominent gateway site to the City. The Applicant has proposed a rectangular retail building at the corners of Dorset Street and Williston Road, at the northbound off -ramp to 1-89. In order to accommodate the parking that the Applicant has requested, vehicular circulation, loading, and refuse removal, and to employ a floorplan that the proposed tenant seeks, the plans push the proposed principal retail building to the edge of the site and fill in a portion of the remainder of the site with a pergola. These challenges are mitigated, however, by a robust pedestrian circulation system and by a four-sided, quality architectural design. The Board concludes this requirement of 11 #SD-15-02(B) Halvorsen Development, 1 Dorset Street the criterion is met. With respect to the transition from structure to structure, the Board finds that the transition from the proposed retail building to the detached accessory pergola structure to the hotels are sufficient integrated in terms of access, materials used, landscaping, and architectural features. The Board concludes this requirement of the criterion is met. Planting is addressed in the Landscaping discussion below. With respect to safe pedestrian movement, the Applicant has shown pedestrian connections between buildings and from the sidewalks to the building. The Applicant has proposed an operable entrance at the easterly portion of the building fagade facing Williston Road. This door is to be two-way operable during all business hours. No doorway is proposed on the Dorset Street front of the building, but a sidewalk directly from Dorset Street to the south -side entry is included. The Board concludes that this requirement of the criterion is met. With respect to adequate parking areas, the total proposed parking spaces are 233. This is comprised of 79 spaces for the Comfort Suites hotel, 97 spaces for the Homewood Suites hotel and 57 spaces for the proposed retail store. Four of the parking spaces will be marked for disabled parking. The Board finds that total proposed parking spaces match the number required under Table 13-2 of the LDRs. The Board finds that this requirement of the criterion is met. The Applicant has proposed a parking area between the proposed retail store and the two existing hotel buildings. The Board finds that the parking is located "to the rear or side of buildings" as required under Section 14.06(B) (2) (a). The Board finds that this requirement of the criterion is met. Under Section 14.06 (13)(2)(c), "Where more than one building exists or is proposed on a lot, the total width of all parking areas located to the side of building(s) at the building line shall not exceed one half of the width of all building(s) located at the building line." The Board notes that the basic intent of this provision is to limit the amount of area dedicated to parking between buildings along a street. The Applicant has proposed 550 sq. ft. pergola along Dorset Street which, if deemed to be a "building", increases the amount of building width in order to comply with the building width to parking area width ratio. The Board finds that the proposed pergola does meet the definition of a building. Section 2.02 of the LDRs define a building as follows: Building. A structure having a roof supported by columns or walls, and used or intended for the shelter or enclosure of persons, animals, or equipment, goods, or materials of any kind. The connection of two buildings by means of an open porch, breezeway, passageway, carport, or other such open structure, with or without a roof, shall not be deemed to make them one building. Buildings shall be classified as Principal or Accessory. The Board finds that the proposed pergola has a roof and is supported by columns. At the preliminary plat level, it found that it would be considered a building, pending an acceptable architectural design. It includes benches for shelter of persons. The Board acknowledges that one of its principal purposes is to meet the mathematical ratio of "buildings" to "parking areas" in 14.06 B (2) (c). The Board also acknowledges that the site includes several unique challenges, including roadways on three sides, pre-existing development, and a fixed access point. The Board, in this specific instance, finds that the pergola is a building. 12 #SD-15-02(B) Halvorsen Development, 1 Dorset Street The Board concludes that because the pergola does meet the definition of a building, the total width of all parking areas located to the side of buildings at the building line does not exceed one half of the width of all buildings located at the building line. The Board finds that the adequate parking requirement criteria, specifically the requirement for width of parking areas between buildings in Section 14.06 (B) (2) (c) is met. Section 14.06 (B) (2) (d) requires that there be sufficient landscaping to "screen the parking from view of the Interstate." The Board finds that this requirement is met. (3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be' compatible with its site and existing or adjoining buildings. The proposed principal building is in part two stories with the top floor consisting of a small mezzanine. The building gives an appearance of 2 stories throughout at 30 ft. high, which is below the limit of 35 ft. for this zoning district. The proposed pergola is 12 feet high. The Board finds that this criterion is met. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. With respect to the relationship of structures and site to the adjoining area, Section 14.06(C) (1) provides: (1) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The Applicant has matched materials and architectural features of the proposed building and the pergola with the recently approved and constructed Homewood Suites hotel within the PUD. Attention has been paid to draw the site together. or these reasons, the Board finds that this criterion is 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. As described more fully above, the proposed retail building does relate harmoniously to the proposed pergola, and to the existing buildings on the property. The proposed 30 foot tall building, with the appearance of two stories and a mezzanine encompassing a portion of this second floor, the scale of the buildings on the site have a reasonable visual relationship. The Board finds this criterion is met. 5. SITE PLAN, SPECIFIC CRITERIA In addition to the general review standards addressed above, site plan applications must meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: A. 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. 13 #SD-15-02(B) Halvorsen Development, 1 Dorset Street As noted above, the entry drive will be shared by the Comfort Suites hotel, Homewood Suites hotel and the proposed retail building. The entry and exit are separated by a 12 ft. wide curb reveal reduction. The Applicant has proposed to lower the curb reveal island height to flush to accommodate delivery vehicles and fire apparatus. The southwest entry to the parking lot will be 18 ft. wide and the entry will be striped to indicate it as an entry -only location. Signage will be installed to direct the retail building users to exit at the southwest corner. The Board has previously found that while the proposed projects circulation and traffic are not ideal given the proximity of the Dorset Street curb cut to the busy Williston Road intersection, this is a pre-existing condition and the curb cut is located in the best possible location. The Board finds that this criterion is met. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The Board finds that this criterion is met. C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling 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). The plans show proposed dumpsters or other waste facilities, adequately screened. The Board finds that this criterion is met. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening and Street Trees. See Landscaping discussion below. 6. LANDSCAPING Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening are required for all uses subject to site plan and PUD review. Section 13.06(B) requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. Landscaping must be adequate "to assure the establishment of a safe, convenient, and attractive parking area and the privacy and comfort of abutting properties." Section 13.06(B). Pursuant to Section 13.06 (B) (4) of the Land Development Regulations, snow storage areas must be shown on the plans. The plans show adequate snow storage areas for the subject property. The Board finds that this criterion is met. Landscaping budget requirements are to be determined pursuant to Section 13.06(G) (2) of the LDRs. The landscape plan and landscape budget shall be prepared by a landscape architect or professional landscape designer. The Applicant has submitted a landscaping plan and itemized budget totaling $25,965. Based on $1,779,020 in building costs, the plans shall include a minimum of $25,490 in new trees and shrubs. This requirement is being met. The Board finds that this criterion is met. 14 #SD-15-02(B) Halvorsen Development, 1 Dorset Street The proposed parking areas contain more than twenty-eight (28) parking spaces, and therefore shall be landscaped in accordance with Section 13.06(B) of the Land Development Regulations. The site plan shows proposed landscaping on the interior of the proposed parking area meeting the minimum 10% requirement. The Board finds that this criterion is met. Section 14.06(B) (2) (d) requires that parking areas adjacent to the Interstate be screened with sufficient landscaping to screen the parking from view of the Interstate. The Board finds this criterion to be met. The Applicant proposed landscaping along Dorset Street which integrates existing with proposed hedges and shrubs along Dorset Street and continues along Williston Road. This meets the standards for continuity of the landscaping as required by 15.13(E) (1) and would provide adequate screening of the parking. The Board dings this criterion is met. 7. EXTERIOR LIGHTING Section 13.07(A) sets forth general requirements for project lighting. Section 13.07(A) incorporates Appendix D by reference. Appendix D sets forth acceptable and unacceptable lighting fixtures. Under Section 13.07(A), all exterior lighting for all uses in all districts except for one -family and two-family uses "shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or street." The Applicant has provided a point -by -point lighting plan. Lights are directed downwards and the plan indicates that light levels are to remain at or below maximum levels indicated in the Performance Standards, except in one area where the Applicant noted that the city street light along Dorset Street is the source of the light levels that will exceed the standard. The Board finds this criterion is met. Light sources for parking areas must also comply with the specific lighting standards set forth in Section 13.07(B): (1) The number and spacing of required light pole standards in a parking area or lot shall be determined based on the type of fixture, height of pole, number of fixtures on the pole, and the desired lighting level. Unless the applicant can demonstrate a reasonable alternative, lighting shall be considered evenly distributed if the light fixtures are placed at intervals that equal four times the mounting height. Lighting levels are evenly distributed as evidenced by the point by point lighting plan submitted. This criterion is met. (2) Pole placement, mounting height, and fixture design shall serve to minimize lighting from becoming a nuisance. All light sources shall be arranged so as to reflect away from adjacent properties. All light sources shall 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 lighting design will result in minimal lighting with a maximum of 6.4 foot candles (FC) and an average of 2.36 FC. This criterion is met. 15 #SD-15-02(B) Halvorsen Development, 1 Dorset Street (3) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish. No information was submitted to make a positive finding with respect to this criterion. This criterion is not met. As a condition of approval, the applicant shall submit revised plans to include a cut sheet of light poles indicating that they will be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish. (4) Poles in pedestrian areas shall not be greater than 30 feet in height and shall utilize underground wiring. No poles will exceed 30 feet in height. This criterion is met. (5) Poles in all other areas shall not exceed thirty (30) feet in height, and shall utilize underground wiring. No poles will exceed 30 feet in height. This criterion is met. (6) Light sources on structures shall not exceed thirty (30) feet, or the height of the structure, whichever is less. Exterior lighting for parking garages and structures shall be mounted no higher than the roof of the structure. The proposed principal building will not exceed 25 ft. in height so any building mounted fixture will not exceed 30 feet in height. This criterion is met. (7) Safe pole locations: Breakaway poles shall not be used in parking lots. Poles shall not be erected along the outside of roadway and ramp curves or where vehicles must make sharp turns. Poles should not be located where they might be susceptible to collision strikes. Poles located behind longitudinal traffic barriers should be offset sufficiently to allow for barrier deflection under impact. (8) Pole location in parking lots: Pole locations shall be coordinated with stall and aisle layouts. Where practical, poles should be near the end of parking rows or around the perimeter of the lot. When located at parking stall boundaries, light poles should be mounted on concrete pedestals. Where raised medians or islands are used to separate adjacent stalls, light poles should be placed in these areas unless pedestrian traffic will be inconvenienced. Where light poles are placed between parking rows in the interior of the lot, the poles should be located on the center line of double rows of parking stalls and on the center line of two opposing stalls and should not be placed on the stall line between cars where fender damage might occur. No breakaway poles are proposed. Pole locations meet the above standards. These criteria are met. Other lighting standards for non-residential uses are found in the Performance Standards set forth in Appendix A. The performance standards for lighting found in Appendix A are incorporated by reference through Section 3.13(A) (2): A.9. Direct Glare 16 #SD-15-02(B) Halvorsen Development, 1 Dorset Street (a) Direct glare is defined for the purposes of these Regulations as illumination within property lines caused by direct or spectrally reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature processes as welding or petroleum or metallurgical refining. (b) No such direct glare shall be permitted, except that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the angle of maximum candlepower shall be sixty degrees (60°) drawn perpendicular to the ground. Such luminaries shall be placed not more than thirty feet (30') above ground level and the maximum illumination at ground level shall not be in excess of an average of three (3) foot candles. A.10 Indirect Glare (a) Indirect glare is defined for the purposes of these Regulations as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure. (b) Indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum, and 0.1 foot candles average. (c) Deliberately induced sky -reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited. The Applicant has submitted a lighting plan showing existing foot candle values at the property. Existing light values due to intersection lighting currently exceeding the maximum standard and the average standard. The lighting plan indicates that the project's luminaries shall not exceed existing levels. The Board finds this criterion is met. 8. INTERSTATE HIGHWAY OVERLAY DISTRICT The purpose of the Interstate Highway Overlay District ("IHO district") to "provide for a safe and aesthetically attractive buffer between the right-of-way of the Interstate Highway and developed land uses within South Burlington." Section 10.04(A). The IHO district includes "all land within one hundred fifty (150) feet horizontal distance of the Interstate 89 and Interstate 189 rights -of -way, and within fifty (50) feet horizontal distance of the interstate ramps rights -of -way, both existing and planned, as depicted in Figure 10-1". Section 10.04(B). Pursuant to Table 10-1, the IHO district extends 50 ft. along the interstate ramp right-of-way all the way to the Williston Road right-of-way. The interstate ramp right-of-way projects 50 feet into the subject property along its western edge. Pursuant to Section 10.04(C) (1), no building of any kind, including parking facilities or lots, are permitted in the IHO district, except that the following structures and infrastructure are allowed under 10.04(C) (2), subject to conditional use approval by the Development Review Board: (a) Public recreation paths (b) Roadways or access drives for purposes of accessing a preexisting or approved structure within the IHO district and no other reasonable provisions for access can be made. (c) Utility lines, including power, telephone, cable, sewer and water. (d) Stormwater treatment facilities and maintenance thereof, including necessary removal of 17 #SD-15-02(B) Halvorsen Development, 1 Dorset Street vegetation and dredging. (e) Research and educational activities provided any building or structure, including parking lots or facilities, is located outside the IHO district. (f) Hydro -electric power generation (g) Municipal buildings, subject to the provisions of Section 10.03(D). At the sketch and preliminary plat stage of this project's review, the Board, in recognition of the uniqueness of the site, interpreted the IHO district to end at a point where the Interstate Off -Ramp touches Dorset Street and extended a line southward from that point at a 90 degree angle from Williston Road. The Board therefore treated the proposed retail building as being located outside of the IHO District. New stormwater infrastructure is proposed in to serve the project and is located within the IHO district. Stormwater treatment facilities are allowed within the IHO district. The Board finds that this requirement is met. The Applicant is also proposing parking and a new dumpster within the IHO District. The Board has looked at the circumstances of these proposed features carefully and in the context of the existing site development, the prominence of the site and importance of placing a building that has a strong street presence along both Williston Road and Dorset Street. The Board recognizes that the site is constrained on three sides by streets and must have a location for certain site features. Given the circumstances, the Board finds the proposed layout and placement of these features to be acceptable. 9. TRAFFIC OVERLAY DISTRICT The purpose of the Traffic Overlay District to "provide a performance -based approach to traffic and access management associated with development and re -development of properties in high traffic areas of the City" and to "provide a means by which the allowable uses and the arrangement and intensity of uses on a given parcel may be regulated, above and beyond District regulations, based on traffic generated and impacts on City access management goals." The Traffic Overlay District to provides, "incentives to improve site design and access management during the development and redevelopment process, in keeping with the goals and objectives of the City's Comprehensive Plan." Section 10.02(A). The Board finds that the subject property is located Traffic Overlay Zone 2A. The maximum permitted peak hour volume per 40,000 square feet of land area in this zone is 20, Section 10.02(G). The Board finds that the maximum permitted peak hour volume for the subject property is 122.25. No additional traffic is expected to be generated by the removal of a 175 seat restaurant and its replacement by an 11,242 sq. ft. retail building. The Board finds that no additional traffic will be generated by this project. The Board finds this criterion to be met. 10. LEASE LINE ADJUSTMENT The Applicant is proposing to make a minor boundary line adjustment between the two parcels within the PLID so that the porte-cochere of the existing Comfort Inn is solely located on the southernmost parcel and so that the pergola associated with the proposed retail store is solely located on the northernmost parcel. Pursuant to the definition of subdivision in the Land Development Regulations, this constitutes a subdivision 18 #SD-15-02(B) Halvorsen Development, 1 Dorset Street of land. In the context of a Planned Unit Development, the Board had in previous decisions specifically stated that while the lease line exists and constitutes a subdivision of land, the lot is not recognized for planning and zoning purposes as it cannot stand on its own and meet the requirements of these Regulations. The adjustment to the lease line, in and of itself, has no bearing on this application. The Board finds this criterion to be met and re -affirms that the lease line is not recognized for planning & zoning purposes. CONCLUSIONS OF LAW The Board has reviewed the project for compliance with each individual review criteria as well as overall standards being a PUD. The Board has granted waivers as appropriate. DECISION Motion by Bill Miller, seconded by David Parsons, to approve final plat application #SD-15-02(B) of Halvorsen Development: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. The applicant shall obtain final wastewater allocation prior to issuance of a zoning permit. 3. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 4. The Board grants a Front Setback waiver of 43 ft. (resulting in a 7 ft. setback) for the principal building along Williston Road. 5. The Board grants a Front Setback waiver of 36 ft. (resulting in a 14 ft. setback) for the principal building along Dorset Street. 6. The Board grants a Front Setback waiver of 43.7 ft. (resulting in a 6.3 ft. setback) for the pergola structure along Dorset Street. 7. The Board grants Front Yard coverage waivers to allow for 44.4% along Williston Road and for 48.6% along Dorset Street. 8. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 9. Both principal doorways to the proposed building (north side and south side) shall remain open for entry and exit during all business hours. 10. The applicant will be required to record a "Notice of Condition" which has been approved by the City Attorney prior to recording the final plat plan stating that the two lease lots shall be considered as one lot for purposes of the Land Development Regulations. 19 #SD-15-02(B) Halvorsen Development, 1 Dorset Street 11. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the use or occupancy of the building. 12. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the new retail building will generate zero (0) additional vehicle trip ends during the P.M. peak hour. 13. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board or Administrative Officer. 14. Prior to the issuance of the zoning permit, the applicant shall provide a complete set of approved plans in a digital format as one (1) PDF format file. 15. The mylar shall be recorded prior to permit issuance. 16. The applicant shall regularly maintain all stormwater treatment and conveyance infrastructure. 17. Prior to permit issuance, the applicant shall post a $25,490 landscaping bond. 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. 18. The final plat plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to recording the final plat plans: a. Cut sheet indicating that exterior lighting poles are comprised of rustproof metal, cast iron, fiberglass, finished wood, or similar structural material, with a decorative surface or finish. 19. The final plat plans (Krebs & Lansing survey plat & sheet C2-02) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Bill Miller— yea nay abstain not present David Parsons — yea nay abstain not present Jennifer Smith — yea nay abstain not present John Wilking— yea nay abstain not present Motion carried by a vote of 5-1— 0. t� Signed this day of �� � �� S 2015, by 20 #SD-15-02(B) Halvorsen Development, 1 Dorset Street Tim Barritt, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermont*udiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. 21