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HomeMy WebLinkAboutSD-13-43 - Decision - 0078 Eastwood DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING F + M DEVELOPMENT CO, LLC PRELIMINARY & FINAL PLAT APPLICATION #SD-13-43 FINDINGS OF FACT AND DECISION Preliminary & final plat application #SD-13-43 F + M Development Co., LLC to amend a previously approved planned unit development (PUD) consisting of: 1) a 41,000 sq. ft. general office building, 2) a 30 unit multi -family dwelling & 3,700 sq. ft. of light manufacturing use, 3) a 63 unit multi -family dwelling, and 4) a 47 unit congregate housing facility (not yet constructed). The amendment consists of: 1) subdividing an adjacent 5.21 acre parcel developed with a television studio into two (2) lots of 4.03 acres & 1.18 acres, 2) incorporating the 1.18 acre parcel into the existing PUD, and 3) converting the approved but not constructed 47 unit congregate housing building into a 54 unit multi -family dwelling, 80 Eastwood Drive & 30 Joy Drive. The Development Review Board held a public hearing on February 18, & March 4, 2014. Eric Farrell represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT The owner of record of the subject property is E. F. Farrell, LLC, D. B. Morrissey, LLC and Mt. Mansfield Television, Inc. 2. The application was received on December 12, 2013. 3. The subject property is located in the C1-R15 Zoning District. 4. The plans submitted consists of a 34 page set of plans, page two (2) entitled "Boundary Adjustment of Lot 4 Eastwood Drive/Joy Drive PUD 80 Eastwood Drive & 30 Joy Drive South Burlington, Vermont," prepared by Civil Engineering Associates Inc, dated August 27, 2013 and last revised on March 11, 2014. 5. The changes from the prior approval include: 1) subdividing an adjacent 5.21 acre parcel developed with a television studio into two (2) lots of 4.03 acres & 1.18 acres, 2) incorporating the 1.18 acre parcel into this existing PUD, and 3) converting the approved but not constructed 47 unit congregate housing building into a 54 unit multi -family dwelling, 80 Eastwood Drive & 30 Joy Drive. 6. This application was reviewed on February 18t" and continued to March 4, 2014, in order to provide the applicant an opportunity to make modifications to the plans recommended by the Board and to correct the method by which the average pre -construction grade is calculated. f I CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 13 43 80 Eastwood Drive F+M Development ffd.doc 7. Zoning District & Dimensional Requirements C-1, R-15 Zoning District Required Proposed 0 Residential Density 15 units per acre (131 units) 146 units Max. Building Coverage 40% 12.4 Max. Overall Coverage 70% 43.75 % Min. Front Setback (Eastwood Drive) 30 ft. 115 ft. * Min. Front Setback (Joy Drive) 30 ft. 25 ft. Min. Side Setback 10 ft. > 10 ft. Min. Rear Setback 30 ft. > 30 ft. * Max Building Height and Max. Stories 35 ft. / 4 stories 62.31 ft. / 5 stories ✓zoning compliance 0 Exceeds allowance; density bonus requested *Non -compliant, waivers requested (5' decrease in front yard setback, 27.31' height increase). The applicant seeks a 27.31 ft. height waiver (35' max height + 27.31 waiver = 62.31 ft.). SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. Applicant had received preliminary wastewater approval with the previous project approval. The current application presents no increase in wastewater demand compared with that prior approval. 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. The applicant has included sufficient site grading and erosion control plans as part of this application. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the subject lot is proposed via an existing driveway off of Eastwood Drive and an existing driveway off of Joy Drive. In addition, a service drive is proposed off from Joy Drive to serve the new building. The projects 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. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 13 43 80 Eastwood Drive F+M Development ffd.doc There are no unique natural features on the site. There are no impact resources identified in the Open Space Strategy. 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. The proposed building is compatible with those already built in the PUD and the area and the proposed use is consistent with the purposes of the Zoning District. See further discussion of the height waiver request below. 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. The proposal sites a community garden, picnic table and grill area and a dog park to serve the building's residents along the northeast edge of the parcel. This abuts the undeveloped northwest portion of the 30 Joy Drive/WCAX property. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The Fire Chief reviewed the plans and provided comments via email dated 6/7/13 to staff with the following recommendations: l . Compliance with all requirements of Vermont Fire and Building Safety Code . 2. Automatic sprinklers and alarm system as required. 3. Fire Department Sprinkler Connection location to be specified by SBFD. 4. Fire Alarm panel and enunciator location to be specified by SBFD. 5. Provide 24 hour per day off -site (central station) monitoring of all fire alarm and protection systems. 6. Provide an emergency key box(s), location to be specified by SBFD. 7. Elevator car(s) to be sized large enough to accommodate an ambulance stretcher in the flat position. 8. Trees, fences and floral outcroppings should be placed so as not to interfere with the deployment of the aerial ladder, hose lines, portable ladders and other firefighting equipment. 9. There are access points and driveways within this plan which are not designed to provide adequate turning radii for responding fire apparatus. All such driveways and street corners shall meet a minimum of the WB 40 straight standard. The South Burlington Fire Marshall has indicated that no additional comments are needed. 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. The project will connect to existing water, sewer and stormwater infrastructure and will not impact the extension of such services and infrastructure to adjacent landowners. As a condition by the PUD's current Final Plat Approval, the project will construct a new 5 ft. wide concrete sidewalk on the north side of Joy l CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 13 43 80 Eastwood Drive F+M Development ffd.doc Drive adjacent to the Burlington Indoor Tennis Club, Inc. property which is currently used by a large day care facility. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. The City Engineer shall review the preliminary & final plat plans and provide comments prior to approval of the preliminary & final plat application. The City Engineer has commented in an email dated 2/18/14 to staff that he has no comments on the modified plan. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project and subdivision conforms with the South Burlington Comprehensive Plan. Aside from the subdivision itself, conversion in type of housing, and slight increase in number of dwelling units, the project is little changed from the previous approval. The proposed subdivision between this property and the adjoining lot owned and developed by Mt. Mansfield Television, Inc. (WCAX) also warrants review. The proposed subdivision would take from WCAX and give to Farrell 1.18+- acres of undeveloped land. This gives Farrell a total of 2.43+- acres of land for PUD lot #4, and leaves WCAX with 4.03 acres. While this adds to the developable density as proposed by Farrell, the applicant has also provided information confirming that the WCAX property will remain in conformance with the LDRs after the 1.18 acres are transferred. AFFORDABLE HOUSING — SECTION 13.14 A density bonus of 16 dwelling units is sought here, based on 50% of those units (rounded up to 8) being perpetually affordable. An "Affordable Housing Plan" has been submitted, which explains the density bonus calculation, as well as specific details of the size and nature of the affordable units and the income levels for which these units are intended. The DRB should require that the affordable housing covenant as approved by the City Attorney in 2011 be attached as a condition of any approval issued for this project, and be recorded in the land records before any zoning permits are issued for site work or construction. Having the City Attorney review this covenant under current needs and law would be prudent The subject property is 8.76 acres and so the maximum base density is 131 units. The applicant is proposing 147 units total or 16 additional units. This is within the 25% increase permitted via the Land Development Regulations cited above. As this increase creates an additional 16 units over the base maximum allowed, eight (8) units must meet the affordability criteria listed in Section 13.14 of the Land Development Regulations. Prior to issuance of the Certificate of Occupancy, and pursuant to Section 13.14(D) (3) (c), the applicant shall submit a "Plan for Continued Affordability" detailing the affordable housing proposed as part of the PUD. The plan shall "include a mechanism acceptable to the City Attorney for controlling resale and re -tenanting the individual affordable housing units that ensures that the unit will remain affordable in perpetuity." l CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 13 43 80 Eastwood Drive F+M Development ffd.doc D. Criteria for Awarding Density Increase. In addition to the standards found in Article 15, Planned Unit Development and Article 14, Site Plan and Conditional Use Review, the following standards shall guide the Development Review Board: (1) The density upon which a bonus may be based shall be the total acreage of the property in question multiplied by the maximum residential density per acre for the applicable zoning district or districts. (2) Within the Residential 1 and Residential 2 zoning districts, the provisions of this Section 13.14 shall apply only to properties of five (5) acres or more, and the maximum allowable residential density with or without such a density increase shall be four (4) dwelling units per acre. (3) Development Standards. (a) Distribution. The affordable housing units shall be physically integrated into the design of the development in a manner satisfactory to the Development Review Board and shall be distributed among the housing types in the proposed housing development in the same proportion as all other units in the development, unless a different proportion is approved by the Development Review Board as being better related to the housing needs, current or projected, of the City of South Burlington. (b) Minimum Floor Area. Minimum gross floor area per affordable dwelling unit shall not be less than comparable market -rate units in the housing development. (c) Plan for Continued Affordability. Affordable housing units shall be available for sale, resale or continuing rental only to qualified below market rate households. The plan shall include a mechanism acceptable to the City Attorney for controlling resale and re -tenanting the individual affordable housing units that ensures that the unit will remain affordable in perpetuity. The City of South Burlington may as needed set a cap on resale prices such that the resale price must not exceed an appreciation on equity of a set percentage. (4) Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified non-profit organization shall be responsible for the on -going administration of the affordable housing units as well as for the promulgation of such rules and regulations as may be necessary to implement this program. The Housing Authority or non-profit organization will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. E. Housing Types. The dwelling units may at the discretion of the Development Review Board be of varied types including one family, two family, or multi family construction, and studio, one -bedroom, two -bedroom, and three -bedroom apartment construction. The language above states that the affordable housing plan shall be presented to and reviewed by the Development Review Board for their approval. As such, this must be completed prior to final plat approval. Prior to recording of the final plat, and pursuant to Section 13.14(D) the applicant shall submit a plan detailing the eight (8) units of affordable housing proposed as part of the PUD. The plan shall "include a mechanism acceptable to the City Attorney for controlling resale and re -tenanting the individual affordable housing units that ensures that the unit will remain affordable in perpetuity." The dispersion and method of CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 13 43 80 Eastwood Drive F+M Development ffd.doc financing and control shall be as prescribed in the affordable housing plan submitted by the applicant as part of the final plat application (titled The Olympiad... Affordable Housing Plan, marked as Exhibit A). The plan illustrates the distribution and minimum floor area proposed. It is the Board's position that the proposed distribution of unit types meets and exceeds the overall mix of housing types in the building. The eight (8) affordable units are made up of the following types: • One -Bedroom — 6 (75%) • Two -Bedroom — 2 (25%) The average size of the eight (8) units is approximately 790 sf. Of the 16 allowable "bonus" units, 50% or eight (8) units are required to be perpetually "affordable". The "affordable" units are specifically designated within the proposed building. The designated affordable housing units are as follows: 80 Eastwood Drive Unit 110 — 2-Bedroom (950 sf) Unit 210 — 2 Bedroom (950 sf) Unit 103 —1-Bedroom (750 sf) Unit 105 —1-Bedroom (665 sf) Unit 107 —1-Bedroom (750 sf) Unit 203 —1-Bedroom (750 sf) Unit 205 —1-Bedroom (750 sf) Unit 207 — 1-Bedroom (750 sf) Floor plans for each building are attached for reference. The average size of the eight (8) "affordable" units is 790 sf. Affordable Rent Levels The affordable units will be rented to inhabitants whose gross annual household income does not exceed 65% of the county median income, as defined by the United States Department of Housing and Urban Affairs, and the total annual cost of the housing, including rent, utilities, and condominium fees (if any), is not more than 30% of the household's gross annual income. Affordable Sale Price Levels In the event the property were converted to a condominium form of ownership and the units are sold off, then the affordable units will be sold to inhabitants whose gross annual household income does not exceed 80% of the county median income, as defined by the United States Department of Housing and Urban Affairs, and the total annual cost of the housing, including principal, interest, taxes and insurance, is not more than 30% of the household's gross annual income. Administrative Oversight The property owner will contract with the Champlain Housing Trust, or a Municipal Housing Authority, if one is established by the city, to provide annual monitoring and certification of the continued compliance with the above referenced guidelines and restrictions. CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 13 43 80 Eastwood Drive F+M Development ffd.doc Affordability Covenant To guarantee the compliance and enforcement of the above referenced guidelines and restrictions, in perpetuity, the property owner will record in the land records, a HOUSING SUBSIDY COVENANT in a form and substance satisfactory to the City Attorney, and Restrictive Covenant setting for the formulas for establishing the affordable rents and sale prices. This document was approved by the City Attorney on September 7, 2011 to cover a different mix of affordable units at this site. That document will be amended to reflect the current proposal. Upon the City Attorney's approval, the Board finds these criteria satisfied. The Board finds that the applicant's proposal for affordable housing has met the standards listed above. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: 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. 299 parking spaces are currently approved for the PUD. This project proposes a total of 311 spaces. Mark Smith, PE (of Resource Systems Group, Inc), has provided a shared parking analysis, dated 9 Jan. 2014. Parking requirements- the existing approval with a parking waiver was dependent upon a shared parking analysis. The change in use from congregate care units to residential units results in an increased demand of parking. a. According to the LDRs, 467 parking spaces would be required if each use were to be built independently on their own lot, without any sharing. A shared parking analysis provides a common sense approach as those spaces which typically would peak in demand at one time would be able to complement those uses which would peak at different times. Residential uses are very complimentary to office uses, each typically having peaks at opposite times of the day, with some overlap in mid -morning and late afternoon. As can be seen in the spreadsheet, 320 parking spaces are needed at the peak hour of 10-11 am - when the most spaces are needed by all of the involved uses. This new peak demand number will thus become the base number for required parking. b. 311 parking spaces are proposed on site. If 15 parking spaces are reserved and removed from the shared parking analysis, then 296 parking spaces are provided for sharing. This is a shortfall of 9 spaces from the peak parking demand. Therefore, the applicant is requesting a parking waiver of 9 spaces, or 2.8%. The Board is comfortable with this analysis, and feels this waiver can be supported, as the project includes a significant number of one bedroom apartments, and is located near a transit line. Applicant also references a letter from Resource Systems Group dated 2/22/11 citing smart growth principles in support of this waiver. c. The Board supports the applicant's request that the 15 parking spaces proposed to be reserved for medical office use be signed so as to limit their reservation to business hours. Although the independent review recommends 8-5 pm, the Board is comfortable with reservation from 7 am to 7pm. This still allows for ample residential parking overnight. Fifteen (15) parking spaces may be reserved for the medical office use. They should be CITY OF SOUTH BURLINGTON 8 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 13 43 80 Eastwood Drive F+M Development ffd.doc available for shared use between the hours of 7 pm and 7 am. Signage should reflect this accordingly. All other spaces within the PUD described above, with the exceptions noted above, and those reserved for handicapped accessibility, should be shared amongst all users and visitors of the PUD. Chapter 14.06 of the South Burlington Land Development Regulations states the following: 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. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; The parking area will serve a single or two-family home; The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building, to be located adjacent to the public street; 00 The lot contains one or more existing buildings that are to be re- used and parking needs cannot be accommodated to the rear and sides of the existing building(s); or, (u) The principal use of the lot is for public recreation. (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. Parking approved pursuant to 14.06(B)(2)(b) shall be exempt from this subsection. (d) For through lots, parking shall be located to the side of the building(s) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient landscaping to screen the parking from view of the Interstate. The Board finds that these criteria have been satisfied. Section 13.01(G) (5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. Bicycle racks appear to be shown on the plans, but these should be noted or called out on the plans to clarify and confirm. CITY OF SOUTH BURLINGTON 9 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 13 43 80 Eastwood Drive F+M Development ffd.doc 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. Depending upon which part of the application one reviews, the applicant proposes a five -story building that will be 62.31 ft. in height; and is therefore requesting a 27.31 waiver of the 35 ft. height limit stipulated in Appendix C, Uses and Dimensional Standards of the LDRs. See also the footnote in Table 1, Dimensional Requirements, at the beginning of this memo, regarding building height. According to subsection D of Section 3.7 Height of Structures, in the C-1-11-15 Zoning District: (b) For structures proposed to exceed the maximum height for structures specified in Table C-2 as part of a planned unit development or master plan, the Development Review Board may waive the requirements of this section as long as the general objectives of the applicable zoning district are met. A request for approval of a taller structure shall include the submittal of a plan(s) showing the elevations and architectural design of the structure, pre -construction grade, post -construction grade, and height of the structure. Such plan shall demonstrate that the proposed building will not detract from scenic views from adjacent public roadways and other public rights -of -way. The applicant has submitted plans detailing the required elevations and architectural design and has indicated they will provide an aerial illustration of the proposed five -story building as well as a shadow study to the Board. Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 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 submitted architectural elevations as part of this application. 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 applicant has submitted architectural elevations as part of this application. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: 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 Board feels the reservation of additional land is not warranted. CITY OF SOUTH BURLINGTON 10 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 13 43 80 Eastwood Drive F+M Development ffd.doc 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. 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). No new dumpster storage areas appear to be proposed. An existing dumpster is located approximately 420 ft. away at the end of parking lot serving the Lot 2 building. The Board finds it is appropriate to consider placement of a dumpster near the southern end of the line of new parking spaces to facilitate trash disposal of residents using the Dog Park, grill area and community gardens. The applicant should also discuss if trash or recycling bins will be located in the basement to service residents. Landscaping Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land Development Regulations requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must be shown on the plans. The plans show "non-exclusive", shared snow storage areas for the subject properties. Landscaping budget requirements are to be determined pursuant to Section 13.06(G) (2) of the SBLDR. The landscape plan and landscape budget shall be prepared by a landscape architect or professional landscape designer. According to the applicant, the original 2011 and newer 2012 required landscaping budget is $108,500. The proposed and approved landscaping budget in 2011 was $111,265; the 2012 proposed budget was $111,425.05; the latest 2013 landscaping budget is $124,612, and as before, includes transplanting two 6" Tilia trees and perennials, and does not include credit for existing landscaping. The applicant has bonded for $108,500 with the construction of the building at 78 Eastwood Drive so the difference left to be bonded is $16,112. Presumably, this increased amount relates proportionally to increased construction costs for the new building as compared with the structure as approved before. Lighting Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed more than 30' above ground level and the maximum illumination at ground level shall not exceed an average of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land Development Regulations, indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum, with an average level of illumination of 0.1 foot candles. All lighting shall be shielded and downcast. The point by point lighting plan submitted complies with the lighting standards. CITY OF SOUTH BURLING I ON 11 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 13 43 80 Eastwood Drive F+M Development ffd.doc TRAFFIC The applicant submitted an Updated Traffic Impact Assessment prepared by Mark Smith of RSG, Inc. dated January 8, 2014. The study concludes as follows: Redevelopment of the site will result in a net increase of 8 vehicle trip ends in the AM peak hour and a net decrease of 23 vehicle trips in the PM peak hour compared to the previous development (the health clubl. The redevelopment will not significantly alter the existing operational characteristics of the studied intersections. Other Details and specifications of the retaining walls have been submitted. DECISION Motion by Bill Miller, seconded by Mark Behr to approve preliminary & final plat application #SD-13-43 of F + M Development Co., LLC subject to the following conditions: All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. Prior to the issuance of the Certificate of Occupancy, and pursuant to Section 13.14(D) (3) (c) the applicant shall submit a "Plan for Continued Affordability" detailing the eight (8) units of affordable housing proposed as part of the PUD. The plan shall "include a mechanism acceptable to the City Attorney for controlling resale and re -tenanting the individual affordable housing units that ensures that the unit will remain affordable in perpetuity." The dispersion and method of financing and control shall be as prescribed in the affordable housing plan submitted by the applicant as part of the final plat application (titled Olympiad Redevelopment Project... Affordable Housing Plan, marked as Exhibit A). 4. The Board grants a height waiver of 27.31 feet for an overall height of 62.31 feet for the building. 5. The Board accepts a shared parking analysis, acknowledges a peak demand of 320 parking spaces, and grants a parking waiver of 9 spaces or 2.8%. 6. The applicant shall obtain final wastewater allocation prior to issuance of a zoning permit. 7. The applicant shall continue to work with the Director of Public Works to site and construct a sidewalk on the north side of Joy Drive. This shall be completed prior to issuance of a Certificate of Occupancy. 8. The applicant shall adhere to the comments of the South Burlington Fire Chief per the 6/7/13 letter, with the following exceptions/clarifications: CITY OF SOUTH BURLINGTON 12 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 13 43 80 Eastwood Drive F+M Development ffd.doc a. The charcoal grill is permissible provided that language in the rules and regulations for the building prohibit any additional private outdoor cooking grills. 9. 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. 10. Prior to permit issuance, the applicant shall post a $16,112 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. 11. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. 12. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the development will generate zero additional trip ends during the P.M. peak hour. 13. Fifteen (15) parking spaces may be reserved for the medical office use. They shall be available for shared use between the hours of 7 pm and 7 am. Signage shall reflect this accordingly. 14. All other spaces within the PUD described above, totaling at least 296 spaces, with the exceptions noted above, and those reserved for handicapped accessibility, shall be shared amongst all users and visitors of the PUD. 15. Pursuant to Section 13.06(C) (1) of the South Burlington Land Development Regulations, any utility cabinets on the site shall be effectively screened to the approval of the Development Review Board. 16. For purposes of planning and zoning, the lots in this subdivision shall be considered one (1) lot. The applicant shall record a "Notice of Condition" to this effect which has been approved by the City Attorney prior to recording the final plat plans. 17. Parking of recreational vehicles shall be prohibited within the PUD. 18. The 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. a. The survey plats shall be revised to include the seal and signature of the land surveyor. b. The plans shall be revised to clearly indicate the location of the bike rack. 19. 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. 20. The mylar shall be recorded prior to permit issuance. CITY OF SOUTH BURLINGTON 13 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING SD 13 43 80 Eastwood Drive F+M Development ffd.doc 21. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 22. The final plat plan (sheets BA1 & C1.0) 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 Director of Planning and Zoning. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — 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 Motion carried by a vote of 4 — 2 — 0 Sl Signed this �� day of /'1�Grc� Tim Barritt, Chair 2014, by 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.