HomeMy WebLinkAboutSD-18-06 - Decision - 0115 Fayette Road#SD-18-06
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MILOT LARKIN PARTNERSHIP, LLP
115 FAYETTE ROAD
PRELIMINARY & FINAL PLAT APPLICATION #SD-18-06
FINDINGS OF FACT AND DECISION
Preliminary and final plat application #SD-18-06 of Milot Larkin Partnership, LLP to amend a planned unit
development consisting of 210 residential units, a 60 unit multi -family building with 17,976 sq. ft
commercial space, a 20,000 sq. ft. movie theater building (1,000 seats), a 22,500 sq. ft.
restaurant/medical office, a 3,500 sq. ft. restaurant with drive through services, and a bank with drive -
through service. The amendment consists of constructing a four-story 47-unit residential building, 115
Fayette Road.
The Development Review Board held a public hearing on March 6, March 20 and April 3, 2018. The
applicant was represented by David Roy, Joe Larkin, Jeff Hodgson, David Grover and Skip McClellan.
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
1. The Project consists of Preliminary and final plat application #SD-18-06 of Milot Larkin
Partnership, LLP to construct a four-story 47-unit residential building in the footprint of an
existing parking lot at 11S Fayette Road. The building will be supported over a ground floor
consisting principally of parking spaces.
2. The project is located in an existing Planned Unit Development.
3. The owners of record of the subject property is Milot Larkin Partnership, LLP.
4. The application was received on January 23, 2018.
5. The subject property is located in the Commercial 1 - Automobile Zoning District.
6. The plans submitted consist of a twenty-three (23) page set of plans, which includes thirteen
(13) pages of civil engineering drawings, two architectural level plans, three architectural
renderings, one overall PUD landscape master plan, two landscape plans, one lighting plan, and
one watershed plan. The first page is entitled "Overall Site and P.U.D Plan," prepared by Krebs
and Lansing Consulting Engineers, Inc. The most recent revision date, on sheets CD-5 and CD-6
is March 30, 2018.
7. The Board reviewed the sketch plan application for this project on October 17, 2017.
8. The subject property is part of a 40.7 acre planned unit development ("PUD") which includes the
existing McDonalds restaurant, the commercial building at 7 Fayette Road, six apartment
buildings at Old Orchard Park, the movie theater, the Citizens Bank, and the recently -approved
4-story mixed -use building on the site of the former Larkin Terrace.
9. There is an existing Act 250 permit associated with the PUD, project number 4C0877, which was
issued in 1991 and most recently amended in September 2017 to reflect the new Larkin Terrace
building.
10. There is an existing operational stormwater permit associated with the PUD, 4855-9010.A, most
recently issued August 2017.
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A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Setbacks, Coverages & Lot Dimensions
The project requires a waiver for front yard building setback, maximum building height, parking, and parking
dimensions.
Commercial 1 with
Required
Existing
Proposed
Automobile Sales
Min. Lot Size
3,500 sq. ft. per
180,774 sq.
No change
unit (164,500 sq ft
ft.
for 47 units)
✓Max. Building Coverage
40%
14.5%
19.8%
✓Max, Overall Coverage;
70%
61.4%
60.9%
*Min. Front Setback
30 ft.
> 30 ft.
12 ft.
✓Max Front Setback
30%
30.5%
29.9%
Coverage
✓Min.'Side Setback
15 ft.
30 ft.
No change'
-,Min. ' Rear Setback
30 ft.
N/Az
N/A
*Building Height (flat
35 ft.
Unknown
48 ft. plus 4 ft
roof)
for roof
equipment
* Waiver requested
1. Minimum side setback is from existing building. Proposed building is approximately 44
feet from side property line.
2. Corner lot has no rear line.
The applicant verbally indicated that the front setback coverage is 5,836 square feet or 19.8%. The Board
finds the applicant must update the plans to reflect the correct front setback coverage. The applicant is not
creating any new impervious surfaces as part of this project.
Density
The Cl-Auto district has a maximum density of 12 units per acre, which for the 40.8 acre PUD results in an
allowable density of 489 units. The applicant has approval for 270 residential density units. With the
proposed 47-unit building, there remain 172 units available for future development.
3.06 Setbacks and Buffers
The building will have a primary facade along Fayette Road with a flat roof structure. The building is
proposed to be set back twelve (12) feet from the front property line, and is located on the footprint of an
existing underutilized parking lot which is also set back twelve (12) feet from the front property line.
The Board approves the applicant's request to waive the front setback distance to 12-feet.
3.07 Height of Structures
D. Waiver of Height Requirements
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steeples for places of worship that are taller than normal height limitations established in Table C-
2 above may be approved by the Development Review Board as a conditional use subject to the
provisions of Article 14, Conditional Uses.
(2) R12, IA, PR, MU, C1-R12, C1-R15 CI -Auto, CI -Air, CI-LR, AR, SW, 10, C2, Mixed IC, AIR, and
AIR-IND Districts.
(a) The Development Review Board may approve a structure with a height in excess of the
limitations set forth in Table C-2. For each foot of additional height, all front and rear setbacks
shall be increased by one (1) foot and all side setbacks shall be increased by one half (112) foot.
(b) For structures proposed to exceed the maximum height for structures specified in Table
C-2 as part of a planned unit development or master plan, the Development Review Board may
waive the requirements of this section as long as the general objectives of the applicable zoning
district are met. A request for approval of a taller structure shall include the submittal of a
plan(s) showing the elevations and architectural design of the structure, pre -construction grade,
post -construction grade, and height of the structure. Such plan shall demonstrate that the
proposed building will not detract from scenic views from adjacent public roadways and other
public rights -of -way.
(c) Rooftop Apparatus. Rooftop apparatus, as defined under Heights in these Regulations,
that are taller than normal height limitations established in Table C-2 may be approved by the
Development Review Board as a conditional use subject to the provisions of Article 14,
Conditional Uses. Such structures do not need to comply with the provisions of subsections (a)
and (b) above.
The maximum allowable height (prior to waiver considerations) in the Cl-Auto district is 35-feet for flat
roofs. The applicant is proposing a four-story building with a height of 48-feet. The elevation of the
proposed roof will be 236.5 feet, which is approximately 34.5-feet above the elevation of Shelburne Road
at the intersection of Shelburne Road and Fayette Road. At sketch, the applicant provided a rendering to
illustrate the way the proposed building will look from the intersection of Shelburne Road and Fayette
Road. The currently proposed roof is 2.5 feet higher than at sketch, with an additional of four feet of
elevator and mechanical equipment. The applicant has indicated the rendering shows the most visible
location as other locations will be more obscured. The Board has the authority to waive height
requirements as long as the general objectives of the zoning district are met.
The Board finds that the proposed building height will not detract from scenic views from adjacent public
roadways or other public rights -of -way as it is largely screened from Shelburne Road by other
development and approves the height waiver request.
B) 15.18 CRITERIA FOR REVIEW OF PUDS, SUDVIDISIONS, TRANSECT ZONE SUBDIVISIONS AND
MASTER PLANS
(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 applicant has received preliminary water and wastewater allocations. The Board finds
this criterion met.
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(1) Sufficient grading and erosion controls will be utilized during construction 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 applicant has provided an EPSC plan and stabilization notes. The Board finds this criterion
met.
(2) 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.
The applicant has submitted a traffic study which concludes that the Project will generate 27
peak hour trip ends and that the Level of Service for both Fayette Road and the adjoining US-
7, Fayette Road and McIntosh Avenue will be unchanged by the Project. The Study predicts
less than one second additional delay at the US-7 intersection due to the Project. The Board
and the DPW director have reviewed the traffic study and find this criterion met.
(3) 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 project is located just south of a surface water. The Project is entirely outside the surface
water buffer and therefore the Board finds this criterion met. The applicant is proposing
landscape and open space improvements near a wetland resource within the PUD. The Board
finds these proposed improvements enhance the natural features and thus meet this
criterion.
(4) 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. For Transect Zone subdivisions, this standard shall apply only to the
location of lot lines, streets and street types, and natural resources identified in Article XII
of these Regulations.
The Board finds that the proposed building has a different appearance from the adjoining
Larkin Terrace building and the Olde Orchard Park, but is generally consistent with the multi-
unit building context of Fayette Road and the PUD. The Board finds this criterion met.
(5) 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.
For Transect Zone subdivisions, this standard shall apply only to the location of natural
resources identified in Article XII of these Regulations and proposed open spaces to be
dedicated to the City of South Burlington.
The applicant is proposing an approximately 22S sq. ft. hardscaped patio to the west of the
building at the bottom of the interior staircase, as well as an approximately 334 sq. ft. lounge
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area on the first dwelling level of the building. As part of the overall master plan for the PUD,
the applicant is hoping to create a large park area. This park is not part of the current
application for review, but the applicant is proposing landscaping within the future park area
to meet their minimum landscaping requirements. Landscaping is discussed further below
under Landscaping and Screening Requirements. The Board finds this criterion met.
(6) 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. This standard shall not apply to Transect Zone subdivisions.
The deputy Fire Chief reviewed the plans on February 26, 2018 and indicated that there are
no comments on the application. The Board finds this criterion met.
(7) 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 properties. For Transect Zone subdivisions, this
standard shall only apply to the location and type of roads, recreation paths, and sidewalks.
See criterion 9 below for infrastructure comments. See criterion 11 below for comments
related to stormwater.
(8) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards, absent a specific
agreement with the applicant related to maintenance that has been approved by the City
Council. For Transect Zone subdivisions, this standard shall only apply to the location and
type of roads, recreation paths, and sidewalks.
Based on DPW and Staff recommendations, the applicant has updated the existing site access
to reduce excess pavement, improve safety by eliminating merges, and align the driveway
with the future roadway. The proposed driveways provide separate access points for the
proposed 47-unit building at 115 Fayette Road and the existing ground level parking garage
at 7 Fayette Road. The driveway for the 47-unit building is proposed to be two-way and uses
the western edge of the existing curb cut. The driveway for the existing parking garage
creates a new curb cut aligned with the future road currently used to access the Palace 9
Cinema building and will be one-way into the parking garage. The Board finds in general that
the proposed driveway configuration meets the stated goals but finds that the applicant must
reduce the curb radius on the western edge of the access for the building at 115 Fayette Road
to fifteen (15) feet, which is the required radius the City has determined necessary for fire
truck access.
(9) The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The Board finds this Project meets the goals of Southwest Quadrant Objectives and Strategies
as they pertain to high -density and redevelopment and residential and open space along the
lakeward portion of the quadrant. The Board finds this criterion met.
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(10) The project's design incorporates strategies that minimize site disturbance and integrate
structures, landscaping, natural hydrologic functions, and other techniques to generate less
runoff from developed land and to infiltrate rainfall into underlying soils and groundwater
as close as possible to where it hits the ground. For Transect Zone subdivisions, this standard
shall apply only to the location of natural resources identified in Article XII of these
Regulations.
The Board finds that the Project meets the substantial reconstruction trigger for applicability
of the Stormwater Management Standards of Section 12.03. The Assistant Stormwater
Superintendent reviewed the application on March 1 and March 29, 2018 and offers the
following comments.
The Stormwater Section has reviewed the "Seven Fayette Drive" site plan prepared by Krebs
& Lansing, dated 119118 and most recently updated on 2128118. We would like to offer the
following comment:
1. The DRB should include a condition requiring the applicant to regularly maintain all
stormwater treatment and conveyance infrastructure.
The Board adopts the Assistant Stormwater Superintendent's comments as conditions of
approval.
C) SITE PLAN REVIEW STANDARDS
14.06 General Review Standards
A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan.
Due attention by the applicant should be given to the goals and objectives and the stated land use
policies for the City of South Burlington as set forth in the Comprehensive Plan.
See above for a discussion of the Project's conformance with the Comprehensive Plan.
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.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a
public street shall be considered a front side of a building for the purposes of this
subsection.
Proposed parking is located to the rear and sides of the building. The applicant is requesting
several waivers pertaining to parking, as follows.
First, the applicant has prepared a shared parking analysis, included in the Traffic Study
prepared by RSG, which concludes that the peak parking demand will be 692 spaces. With
the proposed project, the available parking spaces will be 583. Note that the application
package and the accompany parking study reference 584 spaces, but the applicant has
removed one space in response to communication with staff prior to the hearing. The
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currently proposed number of spaces is 583. A combined total of 45 spaces are proposed
on the access drive to the proposed building and under the proposed building. The applicant
is requesting a waiver for the 16% parking deficit. Given the mix of uses, the parking
analysis showing that the peak demand of 692 spaces occurs during only a fraction of the
year, and the proximity of public transit, the Board supports this waiver request. Further,
the availability of approximately 55 parking spaces on Fayette Road increases the flexibility
of the project to support peak loads beyond what is predicted in the parking analysis.
The applicant has also requested a waiver to allow the first four parking spaces along the
entrance drive to be 17 feet deep instead of the standard 18 feet to allow the entrance
driveway to have a minimum dimension of 22 feet. The Board supports this waiver request.
The applicant has also requested a waiver to allow the parking spaces beneath the building
to be 8.5 feet wide instead of the standard 9 feet wide to accommodate the columns of the
proposed building and to allow the building to be located within the footprint of the existing
parking lot. The Board finds the reuse of the existing parking lot justifies this waiver
request.
(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 anticipated
adjoining buildings.
See above for a discussion of compatibility with the adjoining area. As discussed above, the
applicant is requesting a height waiver.
C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common
materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing),
landscaping, buffers, screens and visual interruptions to create attractive transitions between
buildings of different architectural styles.
The Board finds this criterion met.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to
existing buildings and roads in the vicinity that have a visual relationship to the proposed
structures.
The Board finds that the reuse of the existing parking lot meets this criterion. The Board finds
that the requested height waiver will not result in disharmonious structures.
14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards shall
apply:
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.
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The Board finds that no additional land is needed to support access to abutting properties.
B. Utility Services. Electric, telephone and other wire -served utility lines and service connections
shall be underground insofar as feasible and subject to state public utilities regulations. Any utility
installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site. Standards of Section 15.13, Utility Services, shall also be met.
Utility connections are proposed to be underground. The Board finds this criterion met.
C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including
compliance with any recycling, composting, or other requirements, shall be accessible, secure and
properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s).
Small receptacles intended for use by households or the public (ie, non-dumpster, non -large drum)
shall not be required to be fenced or screened.
The applicant is proposing to reconfigure the existing dumpster enclosure to accommodate trash,
recycling and compost. The Board finds this criterion met.
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
The required landscape value for the Project, based on an estimated building construction cost of
$3.5 million is $42,500. The applicant is proposing $43,217 worth of landscaping on site. The applicant
is also proposing to remove 147 caliper inches of trees which were part of the previously approved site
plan. Due to site constraints, the applicant is proposing to replace these trees in a proposed park area
southwest of the building outside of the subject property but within the PUD. A permit amendment will
be needed should the applicant pursue the alternative park improvements. The Board approves the
applicants request for off -site replacement landscaping within the PUD.
E. Modification of Standards. Except within the City Center Form Based Code District, where the
limitations of a site may cause unusual hardship in complying with any of the standards above and
waiver therefrom will not endanger the public health, safety or welfare, the Development Review
Board may modify such standards as long as the general objectives of Article 14 and the City's
Comprehensive Plan are met. However, in no case shall the DRB permit the location of a new structure
less than five (5) feet from any property boundary and in no case shall be the DRB allow land
development creating a total site coverage exceeding the allowable limit for the applicable zoning
district in the case of new development, or increasing the coverage on sites where the pre-existing
condition exceeds the applicable limit.
The Board finds this criterion met.
F. Low Impact Development. The use of low impact site design strategies that minimize site
disturbance, and that integrate structures, landscaping, natural hydrologic functions, and various
other techniques to minimize runoff from impervious surfaces and to infiltrate precipitation into
underlying soils and groundwater as close as is reasonable practicable to where it hits the ground, is
required pursuant to the standards contained within Article 12.
The applicant is proposing to treat roof runoff in a new gravel wetland to be located north of the
proposed building. The applicant has indicated that the gravel wetland will be planted with low
maintenance grasses to allow it's use as a recreation area by residents when not inundated. The normal
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water elevation of the gravel wetland will be below grade.
The applicant is also proposing to use pervious pavers for the sidewalk to the building, the patio west of
the building, and the new driveway to the existing parking garage at 7 Fayette Road. The Board finds
this criterion met.
G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for
Roadways, Parking, and Circulation shall be met.
No roadways are proposed as part of the Project.
The anticipated levels of service at the nearest signalized intersection were evaluated as part of the traffic
study. The traffic study concluded no change in levels of service except the northbound left lane from US-
7 which is projected to change from LOS A to LOS B in the future build condition.
The dimensions of the parking areas are discussed above. Internal circulation is discussed above.
D) OTHER
1. Lighting
Section 13.07 of the Land Development Regulations addresses exterior lighting as follows.
A. General Requirements. 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. Light fixtures that are generally acceptable are
illustrated in Appendix D. "Source of light" shall be deemed to include any transparent or
translucent lighting that is an integral part of the lighting fixture(s). Site illumination for
uncovered areas shall be evenly distributed. Where feasible, energy efficient lighting is
encouraged.
B. Specific Requirements for Parking Areas. Light sources shall comply with the following:
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.
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.
3) Poles shall 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.
5) Poles in all other areas shall not exceed thirty (30) feet in height, and shall utilize
underground wiring.
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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 applicant is proposing three pole mounted and five building mounted light fixtures in the new
parking area. The applicant is also proposing to remove one street light and install four street lights
along Fayette Road. The Board finds these street lights are consistent with DPW standards. The
pole mounted parking area lights are proposed to be 15 feet high. The street lights are proposed to
be 15 feet high. The Board finds this criterion met.
2. Bicycle Parking
The proposed 47 unit residential building requires five short term and 47 long term bicycle
parking spaces according to the provisions of Section 13.14. The applicant has provided ten
short term spaces and 47 long term spaces. The applicant will be required to meet the spacing
requirements of Section 13.14B(2)(d). The Board finds this criterion met.
3. Parking Lot Landscaping
Section 13.06E of the Land Development Regulations addresses landscaping of parking areas as
follows.
1. All off-street parking areas shall be landscaped around the perimeter of the lot with trees,
shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to
allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of
the parking lot from the public way and from adjacent uses and properties, and to provide
shade and canopy for the parking lot. In some situations it may be necessary both for
surveillance purposes and for the perception of safety to install the size and type of plants
that leave visual access between the parking lot to the public way or other pedestrian areas.
2. N/A
3. All interior and perimeter planting shall be protected by curbing unless specifically designed
as a collection and treatment area for management of stormwater runoff as per
13.06(B)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6) feet
on any one side, and shall have a minimum square footage of sixty (60) square feet. Large
islands are encouraged.
4. Landscaping Requirements
(a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All
planting shall be species hardy for the region and, if located in areas receiving road runoff
or salt spray, shall be salt -tolerant.
(b) At least one (1) major deciduous shade tree shall be provided within or near the
perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed
evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed
a minimum of thirty (30) feet apart.
(c) Trees shall have a caliper equal to or greater than two and one-half (2 %) inches when
measured on the tree stem, six (6) inches above the root ball.
(d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species
should be grouped or located in a manner that reinforces the design and layout of the
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parking lot and the site.
(e) N/A
(5) N/A
(6) Snow storage areas must be specified and located in an area that minimizes the potential
for erosion and contaminated runoff into any adjacent or nearby surface waters.
The City Arborist reviewed the proposal on February 8, 2018 and has no concerns. The Board finds these
criteria met.
DECISION
Motion by Matt Cota, seconded by Frank Kochman, to approve preliminary and final plat application
#SD-18-08 of Milot Larkin Partnership, LLP, subject to the following conditions:
1. All previous approvals and stipulations will remain in full effect except as amended herein.
2. This project must be completed as shown on the plat submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning.
3. The plat plan must be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plat must be submitted to the
Administrative Officer prior to recording the plat.
Civil Site Plan table of Lot Coverages must be updated to reflect the corrected values.
Show corrected light pole locations and heights on civil plans.
Adjust western edge of curb cut for proposed building to a 15 foot radius
4. A digital PDF version of the full set of approved final plat must be delivered to the Administrative
Officer before recording the final plat plan.
5. A digital file consisting of an ArcGIS or AutoCAD formatted file of the proposed subdivision, including
property lines, easements, and rights of way, either georeferenced or shown in relation to four
easily identifiable fixed points such as manholes, utility poles or hydrants, must be provided to the
Administrative Officer before recording the final plat plan.
6. Any changes to the final plat plan will require approval of the South Burlington Development Review
Board.
7. The final plat plan (Overall Site and P.U.D Plan) must be recorded in the land records within 180 days
or this approval is null and void. The plat plan must be signed by the Board Chair or Clerk prior to
recording.
8. The mylar must be recorded prior to zoning permit issuance.
9. A zoning permit must be obtained for the building within six (6) months of approval with the option
for requesting a one (1) year extension.
10. The following waivers of the Land Development Regulation standards are granted.
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a. Front setback from 30 feet to 12 feet
b. Height from 35 feet to 48 feet with an additional four feet of mechanical and elevator
equipment
c. Overall PUD parking spaces from 692 spaces to 583 spaces
d. Parking space length for the first four parking spaces along the entrance drive from 18
feet to 17 feet
e. Parking space width beneath the building from 9 feet to 8.5 feet
11. The applicant must receive final water and wastewater allocations prior to issuance of a zoning
permit.
12. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure.
13. Prior to issuance of a zoning permit, the applicant must post a landscaping bond with a value of
$42,500. 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.
14. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
15. The proposed project must 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 must meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Frank Kochman
Yea
Nay
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
Brian Sullivan
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 4 — 0 — 1.
Signed this 4 day of April , 2018, by
Bill Miller, 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://vermontoudiciarV.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 802.477.2241 to speak with the regional Permit Specialist.
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