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HomeMy WebLinkAboutSP-23-11 - Decision - 0225 0267 Market Street THE SNYDER-BRAVERMAN DEVELOPMENT CO., LLC — 225, 267 MARKET STREET, 113 GARDEN ST SITE PLAN APPLICATION #SP-23-011 FINDINGS OF FACT AND DECISION 1 SP-23-11 Findings of Fact and Decision Site plan application #SP-23-011 of The Snyder Braverman Development Company, LLC to develop an existing 5.86 acre lot developed with a stormwater treatment pond with three mixed use buildings containing a total of 213 residential units and 27,000 sf non-residential space and a future City street, 225 Market Street, 267 Market Street, and 113 Garden Street. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT & CONCLUSIONS OF LAW 1. The applicant, Snyder-Braverman Development Co., LLC, seeks site plan approval to develop an existing 5.86 acre lot developed with a stormwater treatment pond with three mixed use buildings containing a total of 213 residential units and 27,000 sf non-residential space and a future City street, 225 Market Street, 267 Market Street, and 113 Garden Street. 2. The owner of record of the subject property is South Burlington City Center, LLC. 3. The subject property is located in the City Center Form Based Codes Transect 4 (T4) and Transect 5 (T5) Districts. 4. The application was received on April 11, 2023. 5. The submitted materials consists of the following plans and supplemental information. Submission Prepared by Last Revision Date Site Plan Application Andrew Rowe 3/13/2023 Application Narrative Unknown 3/17/2023 Open Space Narrative Unknown 3/17/2023 Large Development Area Open Space Exhibit & Agreement Snyder Homes 3/17/2023 Open Space Exhibit T.J. Boyles Associates, LLC 3/17/2023 Stormwater Narrative Unknown 3/17/2023 Abutters List Unknown Undated Public Meeting Minutes Unknown 4/27/2023 Individual Residential Dwelling Entry Exhibit Unknown 5/19/2023 Construction Phasing Plan TJ Boyle Associates 6/15/2023 Approach to Specialty Concrete Paving TJ Boyle Associates 7/3/2023 Inclusionary Zoning Summary City of South Burlington / Snyder Braverman 3/03/2023 Landscape Budget T.J. Boyle Associates, LLC 3/17/2023 Landscape Island Areas Exhibit Unknown 3/03/2023 Trip Generation Estimate Andrew Rowe 3/17/2023 Solar Readiness Letter Jutras Architecture 3/17/2023 Certificate of Service Andrew Rowe 4/14/2023 2 #SP-23-011 Findings of Fact and Decision Public Information Meeting Minutes Andrew Rowe 4/27/2023 267 Market St T4 BES Unknown 3/17/2023 267 Market St T5 (primary) BES 3/17/2023 267 Market St T5 (secondary) BES 3/17/2023 225 Market St T5 (primary) BES 5/19/2023 225 Market St T5 (secondary) BES 3/17/2023 113 Garden St T4 BES 5/19/2023 Three Preliminary Wastewater Allocations – 225 Market, 267 Market, 113 Garden Andrew Rowe Undated Three Preliminary Water Allocations – 225 Market, 267 Market, 113 Garden Champlain Water District 1/27/2023 Wall Mounted Bike Rack Detail The park catalog Undated A-01.1 through A-01.6 267 Market Solar Ready Zone and Rooftop Visibility Analysis Jutras Architecture 6/20/2023 A00 267 Market Architectural Rendering Jutras Architecture 3/22/2023 A01 - A03 267 Market Elevations Jutras Architecture 5/24/2023 A04 267 Market Primary Façade Jutras Architecture 3/22/2023 A05 267 Market Entrances Jutras Architecture 3/22/2023 A06 267 Market Secondary Facade Jutras Architecture 6/20/2023 A07 267 Market Secondary Facade Jutras Architecture 6/20/2023 A08 – A10 267 Market Floor Plans Jutras Architecture 7/4/2023 A-01.1 through A-01.6 225 Market Solar Ready Zone and Rooftop Visibility Analysis Jutras Architecture 5/24/2023 A00 225 Market Architectural Rendering Jutras Architecture 3/22/2023 A01 & A02 225 Market Elevations Jutras Architecture 3/22/2023 A03 225 Market Primary Façade Jutras Architecture 3/22/2023 A04 225 Market Entrances Jutras Architecture 3/22/2023 A07 225 Market Secondary Façade Jutras Architecture 6/20/2023 3 #SP-23-011 Findings of Fact and Decision A06 – A07 225 Market Floor Plans Jutras Architecture 7/4/2023 A-01.1 through A-01.6 113 Garden St Solar Ready Zone and Rooftop Visibility Analysis Jutras Architecture 2/24/2023 A00 113 Garden Architectural Rendering Jutras Architecture 3/22/2023 A01 & A02 113 Garden Elevations Jutras Architecture 3/22/2023 A03 113 Garden Primary Façade Jutras Architecture 5/24/2023 A04 113 Garden Entrances Jutras Architecture 3/22/2023 A05 – A07 113 Garden Floor Plans Jutras Architecture 7/4/2023 A473 Roof Screen Jutras Architecture 6/15/2023 A0.0 Window Jamb Jutras Architecture 11/14/2022 A1.0 Trash Structure The Snyder Group, Inc. 11/07/2022 Sheet 1 Overall Site Plan The Snyder Group, Inc. 7/5/2023 Sheet 2 Existing Conditions Plan The Snyder Group, Inc. 3/17/2023 Sheet 3 Grading Plan 267 & 225 Market St The Snyder Group, Inc. 5/19/2023 Sheet 4 Grading Plan 113 Garden St The Snyder Group, Inc. 5/19/2023 Sheet 5 Utility and Layout Plan 267 & 225 Market St The Snyder Group, Inc. 5/19/2023 Sheet 6 Utility and Layout Plan 113 Garden St The Snyder Group, Inc. 5/19/2023 Sheet 7 EPSC Plan The Snyder Group, Inc. 3/17/2023 Sheet 8 Lighting Plan The Snyder Group, Inc. 3/17/2023 Sheet 9 – 13 Details The Snyder Group, Inc. 6/15/2023 Sheet 14 Pavement Marking & Sign Plan The Snyder Group, Inc. 6/15/2023 Sheet D2 Stormwater Details VHB 12/05/2022 Sheet SK1 Subdivision Sketch The Snyder Group, Inc. 3/27/2023 Sheet ST Stormwater Exhibit The Snyder Group, Inc. 5/19/2023 L1.0 Overall Site Plan T.J. Boyle Associates, LLC 6/19/2023 L1.1 Site Plan T.J. Boyle Associates, LLC 6/19/2023 L1.2 Site Plan T.J. Boyle Associates, LLC 6/19/2023 L1.3 Planting Plan T.J. Boyle Associates, LLC 6/19/2023 L1.4 Planting Plan T.J. Boyle Associates, LLC 6/19/2023 L2.0 Site Details T.J. Boyle Associates, LLC 5/23/2023 L2.1 Planting Details T.J. Boyle Associates, LLC 5/23/2023 L2.2 Planting Details T.J. Boyle Associates, LLC 5/23/2023 6. Process Elements: 4 #SP-23-011 Findings of Fact and Decision a. The applicant provided a certificate of service indicating that notice to abutting property owners was provided on April 14, 2023. b. The applicant held a neighborhood meeting on April 27, 2023 at 6:00 pm at 180 Market Street in the Community Room. No members of the public attended. The applicant provided a set of summary notes. c. The Administrative Officer deemed the application complete on June 9, 2023 following issuance of a written statement from the Department of Public Works and Fire Department regarding compliance with the regulations. The applicant submitted final modifications to the application package on July 5, 2023. 7. For the purposes of this decision, the three buildings are referred to as follows: a. 237 Market Street – “Building A1,” consisting of 101 residential units and 13,500 sf non- residential space and located on the eastern corner of the lot b. 225 Market Street – “Building A2,” consisting of 62 residential units and 13,500 sf non- residential space and located on the northern corner of the lot c. 113 Garden Street – “Building A3,” consisting of 50 residential units and located on the southern side of the lot 8. The project will be constructed in three (3) phases, indicated on the provided phasing plan. For the purposes of this application, the Administrative Officer has defined the applicant’s three phases as follows. a. Phase 1: 267 Market Street + area indicated on phasing plan as associated with 225 Market Street [shown in blue on the phasing plan] b. Phase 2: Phase 1 + 225 Market Street + area indicated on phasing plan as associated with 268 Market St [shown in pink on the phasing plan] c. Phase 3: Phase 2 + 113 Garden Street + area indicated on phasing plan as associated with 339 Garden Street [shown in green on the phasing plan] 9. The applicant has received subdivision approval SD-23-09 to subdivide Lot N into three lots. Lot N1 will contain the proposed buildings. 10. Review Criteria: CITY CENTER FORM BASED CODES STANDARDS Section 8.03 Land Development and Building Placement A. Land Development. No land development shall be permitted except in full compliance with the applicable Building Envelope Standards (BES) and this Article. See below under Building Envelope Standards. B. Building Placement. All new buildings, and all additions to buildings, except as permitted in a T3 Cottage Court or as permitted under Section 8.11, Nonconformities, shall include at least one building façade located entirely within a Build-to-Zone. For primary facades in the T5, the primary build-to-zone is 0 – 6 ft, while the secondary build-to-zone is 0 – 24 ft. For secondary facades in the T5, the primary build-to-zone is 0 – 9 ft, while the secondary build- to-zone is 0 - 36 ft. 5 #SP-23-011 Findings of Fact and Decision For primary facades in the T4, applicable only to 113 Garden Street, the primary build-to-zone is 0 – 12 ft and the secondary build-to-zone is 0 – 24 ft. For 225 Market Street, the primary façade is Market Street and the secondary façade is the planned public street. For 267 Market Street, the primary façade is Market Street and the secondary façade is Garden Street. For 113 Garden Street, the primary façade is Garden Street. There is no secondary façade. C. Special Requirements, Prohibitions & Exceptions. Not applicable. Section 8.04 Blocks, Streets, and Alleys A. General Standards (1) Purpose… (2) Construction of streets (a) Where a building is proposed to be located on a lot that is adjacent to a new or extended street, such street shall be constructed by the applicant pursuant to Article 15 and in accordance with the requirements of Article 11, Street Typologies. Garden Street was approved in SD-19-24. The applicant is proposing a cross section consistent with that approved in SD-19-24. Site plan approval SP-21-036A for 303 Market Street laid out phasing for construction and opening of Garden Street. Garden Street is required to be open from Market Street to the existing bridge near 59 Garden Street prior to occupancy of the approved building on 112 Garden Street. With this decision, the Administrative Officer finds that Garden Street shall be open prior to issuance of a certificate of occupancy for either 267 Market Street or 113 Garden Street. The Administrative Officer further finds that Garden Street shall be ready for acceptance prior to issuance of a certificate of occupancy for either 267 Market Street or 113 Garden Street. The project also involves construction of a portion of the planned public street between 155 Market Street and Lot N. This road constitutes extension of school/library entry street which was approved in SD-19-18 as a Support Street type. The proposed cross section is consistent with the Support Street section and is proposed to be aligned with the school/library entry street. The applicant’s plans include realignment of the existing Market Street cross walk on the west side of the planned public street intersection to be a standard distance from the reconfigured intersection. The applicant is approved for subdivision of the street right of way, which will involve provision of an irrevocable offer of dedication for the street as required in 15.A.14(C)(3). 15.A.14(E)(1) requires two or more entrance points for development consisting of 50 or more dwelling units on four or more lots or within four or more buildings. While the lot consists of three buildings only, it does serve 213 dwelling units. The applicant has proposed two entrances and has indicated the future public street segment will likely be constructed with 225 Market Street, following completion of the building foundation and exterior shell. Access to 155 Market Street will be maintained during construction on the future public street segment. The Administrative Officer finds the applicant must provide for emergency or construction access use a temporary vehicular connection to the existing 155 Market Street driveway prior to issuance of a certificate of occupancy for 267 Market Street. A pedestrian connection in the location of the planned public street consisting of construction and opening of a temporary (or the approved) sidewalk must also be established prior to occupancy of 267 Market Street. The sidewalk shall remain continuously 6 #SP-23-011 Findings of Fact and Decision open. The entire street section shall be complete prior to issuance of a certificate of occupancy for 225 Market Street. The Administrative Officer finds this criterion met. (b) Where a building is proposed to be located on a lot that is adjacent to existing street, such street shall be upgraded pursuant to Article 15 and in accordance with requirements of Article 11, Street Typologies. Not applicable (3) Perimeter and Length of Blocks. Not applicable. (4) Frontage Buildout. See below under Building Envelope Standards. (5) Connectivity. All existing or proposed streets shall connect directly at each end to another existing public street, or planned or proposed street listed as a qualifying street type in the applicable BES. The planned public street segment is proposed to be aligned with the existing public street segment at the school/library entry. The Administrative Officer finds this criterion met. (6) Build-to-Zones. See below under Building Envelope Standards. B. Location of blocks and streets. (1) Applicability of block lengths and perimeters. The subject property is located within an exempt area. (2) Public Facilities on the Official Map. Where a planned street or any other planned public feature, facility, or improvement is shown on a parcel or lot on the Official Map, the owner of such parcel or lot shall provide an irrevocable offer of dedication of such planned street or planned public feature, facility for improvement to the City at the time of an application for land development on such parcel or lot. In the event that the applicant proposes a private street, a plan clearly depicting the area of such street shall be recorded in the land records prior to the issuance of any zoning permit. The following additional standards shall apply in either instance: The Project involves a planned public street on the northern portion of the lot. The Administrative Officer finds the applicant shall provide an irrevocable offer of dedication in conjunction with the approved subdivision prior to issuance of the first zoning permit for the lands involved in this application. (a) Where applicable, the applicant shall construct such street in accordance with the requirements of these Regulations; As indicated above, the proposed cross section is consistent with the Support Street section and is proposed to be aligned with the school/library entry street (b) Where the street is proposed to be public, the minimum street right-of-way width shall be as identified within Article 11, Street Typologies; The proposed right-of-way width is 60-ft. (c) Where the City identifies a specific Street Type on the Official Map, such street shall comply with the standards for that street type in Article 11; The street type is not identified on the Official Map. (d) The actual location of a street may deviate from the location identified on the Official Map 7 #SP-23-011 Findings of Fact and Decision within the applicant’s parcel by to one quarter (1/4) of a maximum block length in the applicable Transect Zone; Not applicable (e) The actual location of a street may be deviate from the location identified on the Official Map at the applicant’s property line up to one quarter (1/4) of a maximum block length in the applicable Transect Zone. Not applicable C. Primary and Secondary Streets. For 225 and 267 Market Street, Market Street is the primary street. The planned public street is the secondary street for 225 Market Street. Garden Street is the secondary street for 267 Market Street. Garden Street is the primary street for 113 Garden Street. D. Primary and Secondary Building Façade determination. For 225 Market Street, the primary façade is Market Street and the secondary façade is the planned public street. For 267 Market Street, the primary façade is Market Street and the secondary façade is Garden Street. For 113 Garden Street, the primary façade is Garden Street. There is no secondary façade. E. Corner Radii; Clear zones. The Administrative Officer finds this criterion met. F. Alleys. The applicant is proposing a 22-ft wide alley connecting the planned public street and Garden Street, off of which the parking for the proposed development will be served. City standards require the Garden Street sidewalk to be continuous across the driveway. To further differentiate the private drive, the applicant has included a sidewalk on one side of the drive with large green strips and trees along both sides of the driveway. The applicant has proposed two speed tables on the alley. Section 8.05 Parking A. On Street Parking. The public streets include parallel parking. B. Off-Street Parking placement. Off-street parking is located more than 25 feet from the street and the frontage buildout requirements are met. C. Structured Parking Lot Placement. The structured parking is below the ground, therefore this criterion is not applicable. D. Access to Off Street Parking. Off-street parking is accessed via an alley centrally located between the three buildings. Section 8.06 Special Standards A. Civic Sites. Not applicable. B. Places of Worship. Not applicable. C. Drive Throughs. Not applicable. D. Service Stations. Not applicable. E. Buffer Strip. Not applicable. 8 #SP-23-011 Findings of Fact and Decision F. Required Minimum Stories, Combined Stories. The required minimum number of stories is two. Four stories are proposed for each building. Proposed upper stories contain a floor area of more than 75% of the building footprint and are located directly over the lower stories for each building. Each story is equal to or above the minimum height in the T5 and all stories are below the maximum height. G. Rooftop Elements and Uses; utilities. (1) Conceal rooftop devices. Rooftop equipment is seven feet high and is proposed to be screened. Smaller equipment is proposed to be located at least 5 ft from the edge of the building, and is proposed to be screened where it is less than 15 ft from the edge of the building. The Administrative Officer finds this criterion met. (2) Flat Roof Designs. The buildings are proposed to have a flat roof, therefore architectural elements such as cornices must be included. The applicant has proposed cornices and parapets in compliance with this criterion. The Administrative Officer finds this criterion met. (3) Rooftop Use and structures. The total area of rooftop uses and structures may not exceed 200 sq ft or 20% of the area of the upper-most story of the building, whichever is greater, and the height of rooftop uses and structures may not exceed 14-ft above the maximum height of the building. The applicant testified that the top of the elevator extends above the roofline by 2’-3’, and is typically covered with the roof membrane material. The height of the elevator projection above the rooftop is reflected in the rooftop visibility and solar ready exhibit. (4) Utility features. Utility features, such as generators, gas lines or meters, or electrical meters, shall not be located on any façade parallel to and adjacent to a street and shall be screened from view of any such street. Utility connections are proposed to be away from primary and secondary facades. H. Alternate Compliance for Entrances in T4. The applicant has not requested alternative compliance for entrances. Entrances are addressed in the BES table. The Administrative Officer finds that the entrances to the non-residential spaces must be operated in a manner consistent with the definition of public entrance. I. Accessory Structures The applicant is proposing a 438 s.f. trash, recycling and compost structure to be located between the three buildings. It is proposed to be approximately 10-feet in height, is located more than 5 ft from any lot line, and to the rear of the buildings relative to all three streets. Section 8.07 Prohibited Materials No prohibited materials have been proposed. Section 8.08 Open Space Requirements 9 #SP-23-011 Findings of Fact and Decision Minimum Open Space is calculated as follows: Required Amount: 267 Market Non-residential 13,500 sf x 5% + 101 units x 60 sf/unit = 6,735 sf 225 Market Non-residential 13,500 sf x 5% + 62 units x 60 sf/unit = 4,395 sf 113 Garden 50 units x 60 sf/unit = 3,000 sf Total = 14,130 sf Qualifying open space for the T5 may be located off-site or credits may be purchased. Qualifying open space for the T4 must be located on site or may be located within 150-feet of the site. Alternatively, qualifying open space may make use of a Large Development Area Civic Space Option. The applicant has proposed to provide 50% of their required open space, or 7,065 sf, in the Large Development Area Civic Space approved in MS-19-061. Pursuant to the conditions of that approval, the applicant has demonstrated concurrence of the property owner of this open space in the form a recordable legal instrument. The applicant has also demonstrated that the existing or proposed building within will have uninterrupted pedestrian access (save for street or driveway crossings) to such qualifying open space(s). Access consists of a paved sidewalk and recreation path intended for pedestrian and/or bicycle use. The Administrative Officer finds such uninterrupted pedestrian access to any designated open space(s) must be constructed and completed prior to the issuance of a Certificate of Occupancy for the building in the associated phase. The applicant has demonstrated that the buildings are located within ¼ mile walking distance of the designated open space, as measured from the nearest corner of each building to the entrance to the open space via a pedestrian connection. The applicant proposes to provide the remaining required 7,065 sf of open space on site. Type: The applicant has proposed 3,500 sf rain garden, 2,400 sf pocket plaza, and 3,465 total sf snippet/parklet in three locations. This is equivalent to 9,365 sf of open space. Rain Garden: The rain garden complies with the requirements of Article 11B. Pocket Plaza: The applicant is proposing for the pocket plaza to contain tenant-provided outdoor seating. The pocket plaza complies with the requirements of Article 11B. Snippet/Parklet: The spaces to the rear of 225 and 267 Market Street are directly adjacent to a building entrance. For the one to the rear of 225 Market Street, landscaping is a primary component of the space and complies with the requirements of Article 11B. Phasing: The first phase, 267 Market Street, requires 6,735 sf of open space. Including the off-site open space, the required open space is provided, and more than 50% is provided on site. The second phase, 225 Street, requires 4,395 sf of open space. With the addition of a 1,175 sf snippet more than 50% is provided on site. The third and final phase, 113 Garden Street, requires 3,000 sf of open space, which is provided with the additional rain garden included in the third phase. The Administrative Officer finds that the size and type of Open Space are met in accordance with Section 8.08, and that the proposed open space design complies with the guidelines established in Article 11B – Civic Space 1 At the time MS-19-06 was approved, this was referred to as a Large Development Area Open Space. 10 #SP-23-011 Findings of Fact and Decision and Site Amenities. All products installed in the qualifying open spaces must be of high-quality materials intended to be used for commercial application, pursuant to Article 11B. Section 8.09 Uses Allowed and Changes of Use. Spaces identified on the floor plans as commercial tenant space may not be leased for residential use, or uses supporting a residential use. Section 8.14 T-4 Building Envelope Standards See attached completed Building Envelope Standards checklist SITE PLAN REVIEW STANDARDS Section 14.06 Site Plan Review Standards A. Relationship of Proposed Structures to the Site (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The DRB shall consider the following: (a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. Along the non-residential portions of 225 and 267 Market Street, the applicant is proposing plantings that do not obscure visibility of window displays and will be generally limited to 24 – 30 inch maximum height. The project meets the required build-to zone requirements. (b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building foundations relate to the site’s topography and grade. The project meets the required entrance standards. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. The Administrative Officer finds the scale of the buildings consistent with surrounding context and planned development patterns. (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. The project provides pedestrian connectivity surrounding each building. Pedestrian movement from Garden Street to the planned public street is achieved via a series of sidewalks and crosswalks through the parking lot. A pedestrian walkway is provided mid- block between 225 and 267 Market Street. Walkways are provided to the open space areas and to the building entrances. (e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of these regulations. 11 #SP-23-011 Findings of Fact and Decision The applicant has testified that the buildings are compliant with the solar ready zone requirements of the 2020 Vermont Commercial Building Energy Standards Appendix CA. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. The Administrative Officer finds this criterion to be met. (b) Not applicable (c) Parking area width. Surface parking areas and affiliated drive aisles located to the side of buildings shall not exceed the width of building(s), Civic Spaces, and Site Amenities along any street frontage. This may be calculated separately or cumulatively for corner lots. Parking approved pursuant to 14.07(B)(2)(b) shall be exempt from this subsection. The Administrative Officer finds this criterion to be met. (d) Not applicable (3) The height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. Building features are addressed above. The Administrative Officer finds this criterion to be met. B. Relationship of Proposed Structures to the Site. (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. 225 and 267 Market Street are required by the BES to have non-residential uses on the first floor within the T5 zoning district. The applicant has chosen to include residential uses within the T4 zoning district for these buildings and for 113 Garden Street. In order to provide a street presence for the residential entries, the applicant has differentiated them using a canopy over the entry, recessed entries, and windows immediately adjacent to the entrance. Each unit will have an entry number and recessed light fixture and at least two feet of walkway width beyond the handle side of the door. Other architectural features are addressed in the building envelope standards. The Administrative Officer finds this criterion met. (2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The project is proposed to adhere to the existing terrain and planned road network. The Administrative Officer finds this criterion met. (3) To accomplish (1) and (2), the DRB shall consider: (a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development defined by the planned or existing street grid, block configurations, position and orientation of principal buildings, prevalence of attached or detached building types. (b) Architectural Features. Respond to recurring or representative architectural features that define neighborhood character, without adhering to a particular architectural style. 12 #SP-23-011 Findings of Fact and Decision (c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and back yard areas through context sensitive design. The Administrative Officer finds this criterion to be met. Section 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Environmental Protection Standards. All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. Section 12.02 Wetland Protection Standards The applicant obtained state wetland permit #2013-293 in 2017, and US Army Corps of Engineers permit NAE-2016-02311 in 2018, which address the impacts to wetland for the overall City Center project. There is a Class II wetland on the project site, which was approved to be impacted in conditional use approval #CU-18-01 as part of the construction of Market Street. No further wetland impacts are proposed. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. These standards are contained in Article 13 and are discussed below. C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. 15.A.14 pertains largely to road design. There is no area for snow storage or plow turnaround at the end of the future public street. The right of way width, existing access points to 155 Market Street, storm pond, and frontage build-out requirements limit the space available to reserve for snow storage or a plow turnaround. It is the Administrative Officer’s understanding and the Director of Public Works recommendation that the City not accept the planned public street until it is extended across one or more adjacent parcels. In the interim, the applicant or their designee shall maintain the planned public street segment. Additional relevant provisions of 15.A.14 include the following which are paraphrased from 15.A.14E. E(1) Provide a minimum of two (2) entrances or access points from an arterial or collector street to a subdivision with more than fifty (50) dwelling units on four (4) or more lots or within four (4) or more principal buildings, unless otherwise approved by the DRB in consultation with the City Engineer and Director of Planning & Zoning. Three buildings serving 213 units are proposed on one lot. Timing of access points is discussed under 8.04A((2)(a) above. E(6) Design access points to include curb radii necessary to accommodate anticipated vehicle types and speeds while also minimizing pedestrian crossing distances. Curb radii are proposed to be 15-ft. E(7) Provide for safe access to abutting properties for motorists, cyclists, and pedestrians, including safe sight distances, access separation distances, and accommodations for high-accident locations. 13 #SP-23-011 Findings of Fact and Decision The buildings are set back more than one car length from the travel way and entrances are proposed to be stop controlled. E(8) Align access points with existing intersections or curb cuts and consolidate existing access points or curb cuts The Garden Street access point is aligned with the opposing access point on Lot M. E(9) Minimize vehicular access points (curb cuts) to abutting properties and building lots along pedestrian-oriented street frontage; and provide, where physically feasible, shared vehicular access to frontage and other abutting building lots via rear alleys, side streets, service lanes, shared driveways, or rear cross connections between adjoining parcels. Shared access is provided. The Administrative Officer finds this criterion met. D. Transportation Demand Management (TDM) [reserved] E. Building Form. Development within the City Center Form Based Code District, the Urban Design Overlay District, and other districts with supplemental building form standards shall adhere to the standards contained therein. Building features are addressed above. The Administrative Officer finds this criterion to be met. F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit requirements for additional upgrades as necessary to meet the requirements of these Regulations. The streetscape for Market Street has largely been constructed, with the exception of half of the sidewalk. Garden Street was approved in #SD-18-13 and #SP-18-18. The applicant is proposing the necessary improvements to comply with the approved street type along the site frontage for each street abutting the property. These improvements must be complete prior to issuance of the certificate of occupancy for the adjoining building. Findings pertaining to the construction and opening of the streets are included in 8.04A((2)(a) above. Prior to issuance of the first zoning permit, the applicant shall provide an infrastructure bond for the required improvements in an amount approved by the Director of Public Works. G. Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The property has three street-facing fronts. The fourth side is encumbered by a Class II wetland. The applicant has proposed a pedestrian easement to the City to allow access from the south west corner of the property at Garden Street to the planned public street. The Administrative Officer finds the applicant shall record the plat associated with the final plat approval for the concurrent subdivision that involves creation of the easement prior to issuance of the first zoning permit for the property. H. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility 14 #SP-23-011 Findings of Fact and Decision installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met. The plan indicates utilities will be underground. The Administrative Officer finds this criterion to be met. I. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. The applicant is proposing a shared trash, recycling and compost accessory structure, discussed under 8.06I above, accessed via a series of sidewalks and crosswalks. The Administrative Officer finds this criterion to be met. OTHER 3.18 Residential and Commercial Building Energy Standards Commercial buildings, as defined by 30 V.S.A. section 53(a), that are principal buildings, shall comply with the Commercial Building Energy Standards Stretch Code Guideline, as prepared and revised by the Vermont Public Service Department. New commercial buildings subject to this Section for which a complete application is submitted following the date these Regulations become effective, shall be required to meet the standards of Appendix CA: – Solar-Ready Zone of the Commercial Building Energy Standards as prepared and revised by the Vermont Public Service Department. The applicant has provided information demonstrating how they plan to meet the standards of Appendix CA. The Administrative Officer finds this criterion to be met. 13.02 Off Street Parking and Loading G. Design requirements for Parking Spaces, Parking Aisles, Lighting and Landscaping (1) Design requirements for off-street parking and loading are provided in Table 13-2 and Figure 13-1, Section 13.04, Landscaping, Screening, and Street Trees, and Section 13.07, Exterior Lighting. All paved parking spaces shall be striped or otherwise physically delimited. The parking spaces meet dimensional standards. Parking lot landscaping is further discussed under 13.04 below. (2) The location of parking areas and loading docks shall prevent conflicts with entering and existing traffic onto a public street and prevent conflicts between vehicles and pedestrians. The distance between access points and parking areas shall be adequate to minimize blockage and prevent back-ups onto the public street. The Administrative Officer finds this criterion met. (3) Provision shall be made for access by police, fire and emergency vehicles. The Fire Marshal reviewed the plans on May, 3, 2023 and provided comments on the plans. The applicant has addressed these comments to the satisfaction of the Fire Marshal. 15 #SP-23-011 Findings of Fact and Decision (4) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be separated from motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate sidewalks, shall be provided on the site and its approaches. The pedestrian circulation on site shall be designed to minimize adverse effects of vehicular traffic on sidewalks and recreation paths. The Administrative Officer finds this criterion met. (5) Bicycle parking or storage facility. See Section 13.03 (6) Stormwater management strategies that facilitate infiltration including but not limited to recessed planting islands, bioretention facilities, and pervious parking spaces are encouraged in the design of any off-street parking or loading area. The applicant has included a bioretention area. 13.03 Bicycle Parking and Storage. The short-term bicycle parking requirement is 27 spaces based on 213 residential units at one space per 10 residential units and 27,000 sf commercial space at 1 space per 5,000 sf. The short term bicycle parking requirement is met by providing eighteen inverted-U style bicycle racks divided between the front and rear of the three buildings, for a total of 36 short term bicycle parking spaces. The long-term bicycle parking requirement is 216 spaces based on 213 units at one space per unit and 27,000 sf of commercial space at 50% of the short term bicycle parking requirement. The applicant has provided 222 parking spaces in the underground parking garages, with more parking spaces than residential units per structure. The Administrative Officer finds the long-term bicycle parking spaces shall be spaced so that, measured perpendicular to the wall on which the bicycle rack is mounted (parallel to the bicycles themselves), there is at least 87 inches between the rack and the nearest obstruction, providing space for a bicycle and sufficient space to remove the bicycle without hitting other bicycles on the same rack. The required bicycle parking by phase is as follows. Short Term Spaces Long Term Spaces Clothes Lockers Phase 1 (267 Market) 13 103 1 Phase 2 (267 + 225 Market) 22 166 2 Phase 3 (267 225 Market, 113 Garden) 27 216 2 The required number of short-term bicycle parking spaces have been provided on a phase by phase basis. 13.04 Landscaping, Screening & Street Trees The City Arborist reviewed the provided landscaping plans on 4/24/2023 and indicated there were no comments. B. Except for parking spaces accessory to a one-family or two-family dwelling, all off-street parking areas subject to review by the Development Review Board, shall be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers, as approved by the Development Review Board. Sections of recessed curb are permitted if their purpose is to allow stormwater runoff from the adjacent parking area to reach stormwater collection, treatment and management infrastructure. The Development Review Board shall consider the adequacy of the 16 #SP-23-011 Findings of Fact and Decision proposed landscaping to assure the establishment of a safe, convenient, and attractive parking area and the privacy and comfort of abutting properties. (1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees, shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of the parking lot from the public way and from adjacent uses and properties, and to provide shade and canopy for the parking lot. In some situations it may be necessary both for surveillance purposes and for the perception of safety to install the size and type of plants that leave visual access between the parking lot to the public way or other pedestrian areas. The parking lot perimeter is adequately screened. (2) In all parking areas containing twenty-eight (28) or more contiguous parking spaces and/or in parking lots with more than a single circulation lane, at least ten percent (10%) of the interior of the parking lot shall be landscaped islands planted with trees, shrubs and other plants. Such requirement shall not apply to structured parking or below-ground parking. The project includes 93 surface parking spaces. The applicant has provided an exhibit that shows 11% interior parking lot landscaping has been provided at full build. For Phase 1, approximately 12% interior parking lot landscaping has been provided. For Phase 2, approximately 11% interior parking lot landscaping has been provided. The Administrative Officer finds this criterion met. (3) All interior and perimeter planting shall be protected by curbing unless specifically designed as a collection and treatment area for management of stormwater runoff as per 13.04(B)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and shall have a minimum square footage of sixty (60) square feet. Large islands are encouraged. The parking lot is proposed to be curbed. Planted islands are proposed to be more than 6-ft. The Administrative Officer finds this criterion met. (4) Landscaping Requirements (a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting shall be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall be salt-tolerant. The Administrative Officer finds this criterion met. (b) At least one (1) major deciduous shade tree shall be provided within or near the perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. 93 surface parking spaces are proposed and more than 20 shade trees are proposed within the interior around the perimeter of the parking area. (c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when measured on the tree stem, six (6) inches above the root ball. Trees proposed as parking lot shade trees meet this criterion. (d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species should be grouped or located in a manner that reinforces the design and layout of the parking lot and the site. 17 #SP-23-011 Findings of Fact and Decision The Administrative Officer finds this criterion met. (e) Within the City Center FBC District, landscaping required within this section shall not count towards meeting minimum landscape budget requirements as detailed in Section 13.04(G). The applicant has not included the cost of the parking lot shade trees in computing the provided minimum landscaping budget. In addition to the parking lot shade trees, the applicant has provided 3 dogwood, 35 feather reed grass, and 3 serviceberry to meet the screening requirements of 13.04B(1). The Administrative Officer has excluded the value ($2,388) of these additional plantings from the computation of required landscaping value below. (7) Snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface waters. Snow storage areas have been shown on the plans. The applicant is responsible for maintaining clear pedestrian access and must remove the snow storage shown across a sidewalk from the alley. C. Screening or buffering. The Development Review Board will require landscaping, fencing, land shaping and/or screening along property boundaries (lot lines) whenever it determines that a) two adjacent sites are dissimilar and should be screened or buffered from each other, or b) a property’s appearance should be improved, which property is covered excessively with pavement or structures or is otherwise insufficiently landscaped, or c) a commercial, industrial, and multi-family use abuts a residential district or institutional use, or (d) a parking or loading area is adjacent to or visible from a public street. This is a multi-family and commercial use abutting similar uses. The Administrative Officer finds this criterion met. D. Front Yards of Non-Residential and Multi-Family Uses. In the case of non-residential and multi- family uses, the required front yard and/or the frontage along designated arterial and collector streets (see Article 3, Section 3.06 for this list) shall be suitably landscaped and maintained in good appearance. Landscape elements that reduce stormwater runoff and promote stormwater infiltration are encouraged. The Development Review Board shall require the applicant to meet the provisions of sections 13.04(F) and (G). The applicant is proposing shrubs and groundcover along the fronts of the building between the building and the street. G(3) Landscaping Budget Requirements. The Development Review Board shall require minimum planting costs for all site plans, as shown in Table 13-4 below. In evaluating landscaping requirements, some credit may be granted for existing trees or for site improvements other than tree planting as long as the objectives of this section are not reduced. The costs below are cumulative; for example, a landscaping budget shall be required to show a planned expenditure of three percent of the first $250,000 in construction or improvement cost plus two percent of the next $250,000 in construction or improvement cost, plus one percent of the remaining cost over $500,000. The landscaping budget shall be prepared by a landscape architect or professional landscape designer. In this application, the applicant is estimating the building cost of 225 Market Street to be $9,672,000, the building cost of 267 Market Street to be $14,742,000, and the building cost of 113 Garden Street to be $6,500,000. The applicant has provided a phased proposal for landscaping and hardscape. Required minimum landscaping for Phase 1, 2, and 3 is calculated as follows. Note that Phase 2 is inclusive of Phase 1, and Phase 3 is inclusive of Phase 2. 18 #SP-23-011 Findings of Fact and Decision Total Building Construction or Improvement Cost % of Total Construction/ Improvement Cost Minimum Required (Phase 1) $14,742,000 Project cost Minimum Required (Phase 2) $24,414,000 project cost Minimum Required (Phase 3) $24,237,000 project cost Up to $250,000 3% $7,500 $7,500 $7,500 Next $250,000 2% $5,000 $5,000 $5,000 Remainder over $500,000 ($22,500,000) 1% $142,420 $239,140 $304,140 Total: $154,920 $251,640 $316,640 The Administrative Officer has excluded the value of the feature the applicant has indicated as “base price for concrete” from the approved landscaping value. The applicant has met the required minimum landscaping budget for each phase. Project Phase Minimum Required Landscaping Proposed Landscaping Phase 1 $154,920 $182,531.75 Phase 2 (Phase 1 + 225 Market St and associated site work) $251,140 $308,125.35 Phase 3 (Phase 2 + 113 Garden St and associated site work) $316,640 $376,931.10 The required minimum landscape value is provided on a phase by phase basis. The Administrative Officer finds the applicant may apply the excess landscaping value in Phase 1 to the required minimum landscaping budget for Phase 2, and similarly for phases 2 and 3, provided no Certificate of Occupancy for Phase 2 is issued until after a certificate of occupancy for Phase 1, and similarly for phases 2 and 3. Within the T5, up to 90% of the required minimum landscaping value may be applied towards commissioned sculptures, fountains, ornamental planters, ornamental or commissioned benches, and ornamental or commissioned bicycle racks as part of a cohesive landscaping plan for the site that provides adequate planting of trees and shrubs appropriate to the site. Within the T4, up to 80% of the required minimum landscaping value may be applied towards the same. For the purposes of calculating required minimum landscaping value, the Administrative Officer has used the proposed boundaries of Lot N1. The Administrative Officer finds the applicant must record the plats associated with the subdivision approval for the lots as proposed prior to issuance of the first zoning permit for construction. Lot N1 is 39% in the T5 and 61% in the T4. The Administrative Officer has applied that proportion and finds that 16% of the required minimum landscaping value must consists of trees, shrubs, and non-bulb perennial vegetation. The required landscape value and the applicant’s proposed landscaping is summarized in the following tables. Phase 1 Required Value Proposed Expenditure, Total On-Site Landscaping $154,920 $182,531.75 19 #SP-23-011 Findings of Fact and Decision Min 16% in trees, shrubs and non-bulb perennial vegetation $24,787.20 min $43,415.25 Max 84% in other amenities $139,116.501 1. Includes the cost of planters, seat walls, specialty concrete, benches and green screen. Phase 2 Required Value Proposed Expenditure, Total On-Site Landscaping $251,640 $308,125.35 Min 16% in trees, shrubs and non-bulb perennial vegetation $40,262.40 min $68,189.25 Max 84% in other amenities $239,936.101 1. Includes the cost of Phase 1 hardscape + additional similar features in Phase 2 and site furniture Phase 3 Required Value Proposed Expenditure, Total On-Site Landscaping $316,640 $376,931.10 Min 16% in trees, shrubs and non-bulb perennial vegetation $50,662.40 min $120,429.00 Max 84% in other amenities $256,502.101 1. Includes the cost of Phase 2 hardscape + additional similar features in Phase 3 The Administrative Officer finds specialty concrete shall consist of one or more of the paving examples shown on page 1, the top of page 2, or the stamp pattern on either image on page 4, or other stamping and staining pattern as may be approved by the Administrative Officer. 13.05 Stormwater Management The City Stormwater section provided comments on the plans on April 28, 2023. The applicant has addressed these comments to the satisfaction of the City Stormwater section. 13.07 Exterior Lighting Lighting requirements are summarized as follows. (1) Fixtures must be downcast and shielded (2) Illumination must be evenly distributed (3) Fixtures must be placed to minimize lighting from becoming a nuisance (4) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish 20 #SP-23-011 Findings of Fact and Decision (5) Poles & building mounted fixtures may be no higher than 30-ft (6) Poles must be located in safe locations Specific requirements for maximum illumination levels are included in Appendix A and are limited to 3 foot candles average at ground level. The proposed project includes 16 and 24-foot high pole mounted site lights, wall mounted lights at 9 and 11-ft high, and bollard lighting. The Administrative Officer finds that all on-site lighting must comply with the requirements of 13.07, including the requirement that all light sources be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent streets. Vehicle Trip Generation The applicant has calculated proposed trips based on a theoretical assortment of uses. Trips beyond those calculated in this application will require additional traffic impact fees. PM Peak Hour Trips for the proposed development are calculated as follows for the purposes of overall Vehicle Trip Generation: 213 residential units [Land Use Code 221] = 83 VTEs 27,000 sf mixed non-residential uses [Land Use Code varies] = 164 VTEs Total = 247 VTEs The Administrative Officer finds the applicant must submit an updated computation of trips at the time of the zoning permit for occupancy of each non-residential space. If at any time the total estimated PM peak hour trips are proposed to exceed 75 trips more than 247, or 322 total trips, the applicant shall be required to amend the site plan and comply with any traffic / trip end standards in place at that time. Traffic Impact Fees Traffic Impact Fees, pursuant to the Impact Fee Ordinance, are calculated based on the Land Use Code for non-residential development and based on a specified formula for residential development. The calculated amount will be applied at the time of zoning permit application for each building and for each initial occupancy of the non-residential spaces and subsequent changes of use. The Impact Fee Ordinance authorizes the Administrative Officer to recommend credits for “in-kind” contributions of facilities that are included in the impact fee analyses and computations. The construction of Garden Street is included as a part of the “City Center Street Network” identified in the Impact Fee Ordinance. Section 8. Credits for "In-Kind" Contributions. A. "In-Kind" contribution shall mean provision, by a person subject to payment of an impact fee, of land or equipment or construction of facilities that are included in the impact fee analyses and computations, and which are included in or consistent with the City's Comprehensive Plan. B. Upon recommendation of the Development Review Board or Administrative Officer, the City Council may approve a credit against any impact fee levied under this ordinance for the value of "In-Kind" contributions. The amount of credit for an "In-Kind" contribution shall be based on the actual cost to the person requesting the credit of providing or creating the facilities. The 21 #SP-23-011 Findings of Fact and Decision Development Review Board or Administrative Officer shall indicate the basis on which the amount of credit is determined. The amount of credit for an "In-Kind" contribution shall not exceed the total amount of the impact fee for that type of facility which would otherwise be levied on the proposed development. As noted above, actual impact fees for this project will be calculated at the time of zoning permit application. The construction cost for the segment of Garden Street approved in final plat #SD-19-24 (Garden Street from Market Street to the existing bridge near 59 Garden Street) was $1,520,000. The applicant has received credit in the amount of $215,340 for projects approved in #SP-22-060 for the construction of the segment of Garden Street approved in #SP-18-18. Based on the construction cost identified in final plat #SD-19-24, the Administrative Officer recommends that the City Council approve a credit against traffic impact fees, upon request of the property owners, in an amount up to the total traffic impact fees amount calculated for this building. In no event shall the credit, however, exceed the actual construction cost for this segment of Garden Street nor the total impact fees authorized to be collected per the impact fee ordinance. Section 18.01 Inclusionary Zoning B. Applicability (2) Covered Development. (a) Except as otherwise provided in this bylaw, the provisions of this section shall apply in the locations defined in Subsection (B)(1) (Applicability – Zoning Districts and Locations) to any development, notwithstanding any phasing of the development, that will result in the creation of twelve (12) or more total dwelling units through subdivision, Planned Unit Development, new construction, or the conversion of an existing structure or structures from non-residential to residential use. The proposed project will result in 213 new dwelling units. The project is therefore subject to the Inclusionary Zoning minimum requirements. C. Inclusionary Units (1) For covered development, at least fifteen percent (15%) of the total dwelling units offered for rent. Inclusionary Rental Units and at least ten percent (10%) of the total dwelling units offered for sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall be Inclusionary Ownership Units. Prior to or upon request for the Certificate of Occupancy the applicant shall notify the City whether the units will be Inclusionary Rental Units or Inclusionary Ownership Units so that the City, or its designee, may confirm that the offered rents or sales prices meet these requirements prior to issuance of the Certificate of Occupancy. In addition: (a) Where the application of this formula results in a fractional dwelling unit, that fractional dwelling unit shall be rounded to the nearest whole number (fractions that are greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00 are rounded up). The applicant is proposing to construct 213 dwelling units consisting of 83 studio & one-bedroom units and 130 two-bedroom units. Inclusionary requirement: 22 #SP-23-011 Findings of Fact and Decision o Minimum which must be inclusionary units: 213 x 15% = 31.95 (round to 32) (2) Inclusionary units required under this section shall be: (a) Constructed on site, unless off-site construction is approved under Section 18.01(E)(1)(b) (Off-Site Construction). Off-site construction was approved in #MS-18-05. These proposed dwelling units are within the Project Area defined and approved in that decision. (b) Integrated into the overall project layout and similar in architectural style and outward appearance to market rate units in the proposed development. The proposed dwelling units are of a multifamily style. These proposed dwelling units are within the Project Area defined and approved with decision #MS-18-05. (iv) Inclusionary units may differ from market rate units with regard to both interior amenities and amount of Habitable Area. However, the minimum Habitable Area of inclusionary units shall be 450 square feet for studios, 650 square feet for 1-bedroom units, 900 square feet for 2-bedroom units and 1,200 square feet for three (3) or more bedrooms. If the average (mean) area of the Habitable Area of the market rate units is less than the minimum area required for the Habitable Area of inclusionary units, then the Habitable Area of the inclusionary units shall be no less than 90% of the average (mean) Habitable Area of the market rate units. None of the units at these addresses are proposed to be inclusionary. As of the time of this application, the average gross floor area of the inclusionary units within the Project Area is greater than the minimum required area for each type. The Administrative Officer finds this criterion met. (vii) The average (mean) number of bedrooms in the inclusionary units shall be no fewer than the average number of bedrooms in the market rate units. For projects involving 50 or more dwelling units, the applicant shall provide a revised estimate to the Administrative Officer at each interval of 50 dwelling units; the revised estimate shall account for the differences in estimates vs. actuals for the units permitted to date and shall apply to inclusionary units for which the Administrative Officer has not issued a zoning permit. The mean number of bedrooms in the market rate units in the project area is 1.5. The mean number of bedrooms in the inclusionary units is 1.7. This criterion is met. The inclusionary units have already been constructed. 23 #SP-23-011 Findings of Fact and Decision D. Affordability Requirements The basis for determining maximum rental and purchase prices for inclusionary units and applicant rental or purchaser household eligibility for accessing inclusionary units under this section are described below. The data used to determine the incomes, rents and purchase prices is updated annually by U.S. Department of Housing and Urban Development (HUD). The Vermont specific data is updated annually on the Vermont Housing Data website, managed by the Vermont Housing Finance Agency, in a table titled “Maximum rent and purchase price affordability thresholds by income and household size”. Refer to this table in administration of this section. This requirement is addressed through decision #MS-18-05. I. Administration and Compliance (1) Application Requirements. In addition to other submission requirements applicable to proposed projects specified within this bylaw, applications under this section shall include the following information: a) A site or subdivision plan that identifies the number, locations, types, and sizes of inclusionary units in relation to market rate units; b) Documentation supporting the allocation of inclusionary and market rate units, including inclusionary unit set aside calculations; c) A description of each unit’s type, floor area, number of bedrooms, estimated housing costs, and other data necessary to determine unit affordability; d) A list of proposed options, if any, to be incorporated in the plan, as provided for under Subsection (E) (Developer Options) of this Article; e) Documentation regarding household income eligibility; f) Information regarding the long-term management of inclusionary units, including the responsible party or parties, as required to ensure continued affordability; g) Draft legal documents required under this section to ensure continued affordability; h) Construction timeline for both inclusionary and market rate units; and i) Other information as requested by the Administrative Officer to determine project compliance with inclusionary zoning requirements. These requirements are addressed through decision #MS-18-05. BUILDING ENVELOPE STANDARDS See following pages 24 #SP-23-011 Findings of Fact and Decision Primary Building Façade Requirements Secondary Building Façade Requirements Applicant Self- Evaluation, 267 Market St Criteria Satisfied, 267 Market St Applicant Self- Evaluation, 267 Market St Criteria Satisfied (AO Evaluation), 267 Market St Primary Façade Primary Façade Secondary Façade Secondary Façade (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)All Types (2)Building Stories (a)Principal 4 Yes 4 Yes (b)Accessory N/A 1, Yes N/A 1, Yes (3)Floor-to-Floor Height (a)First story 14-16'14-16', Yes 16'14 - 16', Yes. (b)Upper Stories 10' 9" - 12' 8 1/2"12'-9", Yes 10'9" to 12'-9"Yes (4)Build-to-Zone (a)Primary Build-to-Zone 0' Min., 6' Max.0' Min., 9' Max.6'9' (b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max.6 - 8'18' (5)Frontage (a)Frontage Buildout 85% Min.85% Min. (Note 1) 86%Yes complies Pending subdivision approval, Garden Street lot line is 19.9% T5 and 80.1% T4 therefore composite required buildout is 73%. 77% provided. Yes (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min.50% Min. 76%Yes 59%57.1%, Yes (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.50% Max. 24%Yes 41%42.9%, Yes (6)Entrances (a)Average frequency of Public Entrances, non-residential first story use 30' Max.45' Max. 21'-5"26'-6", Yes 30'-4" 36'-2", Yes. this measures average frequency of entrances, period. The T4 entrance is operable not public. (b)Maximum distance between Public Entrances, non- residential first story use 40' Max.60' Max.39'-5"Yes 58'-5"Yes (c )Average Frequency of Operable Entrances, residential first story use T5: N/A, T4: 36' Max.T5: N/A, T4: 54' Max.N/A N/A (d)Maximum distance between Operable Entrances, residential first story use T5: N/A, T4: 46' Max.T5: N/A, T4: 72' Max.N/A N/A (7)Glazing (a)First Story Min. 80% of the Width of the Building, and Min. 7.5' in Height Min. 40% of the Width of the Building, and Min 7.5' in Height 83%Yes 73%Yes (b)First Story, percent of glazing required to be transparent 75% Min.75% Min.100%Yes 93%Yes (c )Upper Stories 31% glazing provided on upper stories, all windows taller than wide, windows recessed 3" from façade, and windows at least 36" from corner See Note 2 29% glazing provided on upper stories, all windows taller than wide, windows recessed 3" from façade, and windows at least 36" from corner See Note 2 (8)Building Breaks (See note 3) (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80'longest segment with 3 breaks is 67.3'7 required, Yes longest segment with 3 breaks is 44.3'14 required, Yes (b)Single Span of Horizontal Facade Without a Break Recommend every 24- 48 feet; 60' Max. Recommend every 24- 48 feet; 60' Max.32'-10"Yes 26'38'2", Yes (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules Provided and counted towards building breaks Encouraged See Note 2 N/A N/A 10' Min., 14' Max. 14' Min., 20' Max. 2 Min., 6 Max. 1 Max. Permitted N/A N/A None N/A N/A 267 Market St T5 BES Standard None N/A N/A None N/A N/A None N/A N/A 25 #SP-23-011 Findings of Fact and Decision Primary Building Façade Requirements Secondary Building Façade Requirements Applicant Self- Evaluation, 267 Market St Criteria Satisfied (AO Evaluation), 267 Market St Applicant Self- Evaluation, 267 Market St Criteria Satisfied (AO Evaluation), 267 Market St Primary Façade Primary Façade Secondary Façade Secondary Façade (D) Block and Street Standards (1)Blocks (a)Perimeter no new blocks or streets proposed no new blocks or streets proposed (b)Length no new blocks or streets proposed no new blocks or streets proposed (2)Street and Connection types (a)Destination Street (b)Support Street (c )Neighborhood Street Narrow (d)Market Street & Garden Street Provided Provided (e)Path (f)Alley (b)Pedestrian Pass (h)All other street types (3)Curb Cuts (a)On Market Street no curb cuts Yes N/A (b) On Garden Street N/A 425'Yes (c)All other streets N/A N/A (E ) Parking Standards (1)Parking Requirements (a)Per Residential Unit 1.2 spaces / unit Yes 254 spaces/213 units=1.2 Yes (2) Location & Screening (a) n/a Yes n/a Yes (b)complies Yes complies Yes (c )n/a N/A n/a N/A (d) complies Yes complies Yes (e)complies Yes complies Yes (f) complies Yes complies Yes (g)n/a n/a n/a (3) Off-Site Parking n/a N/A n/a N/A n/a N/A n/a N/A n/a N/A n/a N/A (F) Supplemental District Standards (1)Upper Story setbacks (a) 4 story bldg N/A 4 story bldg N/A (b) 4 story bldg N/A 4 story bldg N/A (G) Streetscape Standards (1)General Standards (a)complies complies Yes (b)complies Yes complies Yes (c )n/a See conditions n/a See conditions (d)Proposed development shall comply with all requirement of Article 11 complies Yes complies See Narrative (2)Streetscape requirements (a)Benches n/a Yes n/a Yes (b)Bicycle Parking n/a Yes n/a N/A (c )Street Tree Spacing, on center n/a N/A n/a Provided consistent with approved plans New construction resulting in additional non-residential gross floor area or residential units shall meet T- 5 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height Parking under structures is encouraged Permitted, Qualifies as a Street N/A N/AProhibited Permitted, Qualifies as a Street Parking shall only be permitted in compliance with applicable BES standards for Frontage Buildout 2 spaces Max. 100' Min. distance between curb cuts Prohibited Prohibited Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. Permitted May be used to meet short-term requirements of 13.14 30' Max. average No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. (a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses. (b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses. (c) Shared parking may be used to meet parking requirements (See Article 13). All stories above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the primary and secondary building facades. All stories above the fifth story of any building shall be set back a minimum of twelve feet (12’) from all Alleys. 1,600' Max. 400' Max. Exempt (See LDR 8.04B(1)) Exempt (See LDR 8.04B(1)) N/A N/A 267 Market St T5 BES Standard 26 #SP-23-011 Findings of Fact and Decision Primary Building Façade Requirements Secondary Building Façade Requirements Applicant Self- Evaluation, 267 Market St Criteria Satisfied (AO Evaluation), 267 Market St Applicant Self- Evaluation, 267 Market St Criteria Satisfied (AO Evaluation), 267 Market St Primary Façade Primary Façade Secondary Façade Secondary Façade Notes (1)N/A n/a N/A (2)Upper Story Glazing Shall comply with the following standards: 31%Yes 31%Yes complies Yes complies Yes complies Yes complies Yes complies Provided only for windows facing primary & secondary façades, including pocket plaza. Yes complies Provided only for windows facing primary & secondary façades, including pocket plaza. Yes complies Yes complies Yes (3)Building Break Standards also apply to any façade facing a Qualifying Open Space 3 required, 3 provided 68.5' façade faces pocket plaza. 3 breaks required, met. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout in the BES shall be reduced by 50% on the street containing the secondary building facade. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding bay windows and storefronts). (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. (a) Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the 267 Market St T5 BES Standard 27 #SP-23-011 Findings of Fact and Decision Secondary Building Façade Requirements Applicant Self- Evaluation, 267 Market St Criteria Satisfied (AO Evaluation), 267 Market St (4)Build-to-Zone (a)Primary Build-to-Zone 0' Min., 18' Max. (b)Secondary Build-to-Zone 0'. Min., 36' Max. (5)Frontage (a)Frontage Buildout 70% Min. within 80' of Primary Street, 50% Min. elsewhere complies Pending subdivision approval, Garden Street lot line is 19.9% T5 and 80.1% T4 therefore composite required buildout is 73%. 77% provided. Yes (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min.205.7'/220.1' = 93%100%, Yes (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.14.4'/220.1' = 7%0%, Yes (7)Glazing (a)First Story 20%49%Yes (b)First Story, percent of glazing required to be transparent 85%100%Yes (c )Upper Stories See Note 2 See Note 2 Notes (2)Upper Story Glazing Shall comply with the following standards: 20%30% T5, 29% T4 Yes Yes Yes Yes Yes (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding bay windows and storefronts). (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. (a) Upper story glazing shall be a minimum of 30 percent of 267 Market St T4 BES Standard 28 #SP-23-011 Findings of Fact and Decision Primary Building Façade Requirements Secondary Building Façade Requirements Applicant Self- Evaluation, 225 Market St Criteria Satisfied (AO Evaluation), 225 Market St Applicant Self- Evaluation, 225 Market St Criteria Satisfied (AO Evaluation), 225 Market St Primary Façade Primary Façade Secondary Façade Secondary Façade (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)All Types (2)Building Stories (a)Principal 4 Yes 4 Yes (b)Accessory N/A 1, Yes N/A 1, Yes (3)Floor-to-Floor Height (a)First story 14' - 15'14', Yes 14'Yes (b)Upper Stories 10' - 9" - 12' 8 1/2"Yes 10'-9" - 12'-8 1/2"Yes (4)Build-to-Zone (a)Primary Build-to-Zone 0' Min., 6' Max.0' Min., 9' Max.6'9' (b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max.6-8'11.2' (5)Frontage (a)Frontage Buildout 85% Min.85% Min. (Note 1)86%Yes complies Pending subdivision approval, planned Public Street lot line is 62.6% T5 and 37.4% T4 therefore composite required buildout is 79.4%. 79.9% provided. (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min.50% Min.77%Yes 93%100%, Yes. (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.50% Max.23%Yes 7%0%, Yes (6)Entrances (a)Average frequency of Public Entrances, non-residential first story use 30' Max.45' Max.21'-7" 26'-5", Yes, calculated for façade overall 32'-7" 31'-8", Yes. Calculated for façade overall. The T4 entrance is operable not public. (b)Maximum distance between Public Entrances, non- residential first story use 40' Max.60' Max.38'-0"Yes 38'-4" 40'-1", Yes, calculated for façade overall (c )Average Frequency of Operable Entrances, residential first story use T5: N/A, T4: 36' Max.T5: N/A, T4: 54' Max.N/A See above; calculated overall (d)Maximum distance between Operable Entrances, residential first story use T5: N/A, T4: 46' Max.T5: N/A, T4: 72' Max.N/A See above; calculated overall (7)Glazing (a)First Story Min. 80% of the Width of the Building, and Min. 7.5' in Height Min. 40% of the Width of the Building, and Min 7.5' in Height 80%Yes, calculated for façade overall 63%61%, Yes, calculated for façade overall (b)First Story, percent of glazing required to be transparent 75% Min.75% Min.100%Yes 100%Yes (c )Upper Stories 32% glazing provided on upper stories, all windows taller than wide, windows recessed 3" from façade, and windows at least 36" from corner See Note 2 32% glazing provided on upper stories, all windows taller than wide, windows recessed 3" from façade, and windows at least 36" from corner See Note 2 (8)Building Breaks (See note 3) (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80'longest segment with 3 breaks is 67.8' 7 required, 7 provided longest segment with 3 breaks is 73.7'8 required, Yes (b)Single Span of Horizontal Facade Without a Break Recommend every 24- 48 feet; 60' Max. Recommend every 24- 48 feet; 60' Max.33'-9"42', Yes 34'-11"Yes (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules Provided N/A N/A N/A N/A N/A N/A N/A N/A N/A 1 Max. None N/A Encouraged Permitted 225 Market St T5 BES Standard N/A N/A 2 Min., 6 Max. 14' Min., 20' Max. 10' Min., 14' Max. See Note 2 None None None 29 #SP-23-011 Findings of Fact and Decision Primary Building Façade Requirements Secondary Building Façade Requirements Applicant Self- Evaluation, 225 Market St Criteria Satisfied (AO Evaluation), 225 Market St Applicant Self- Evaluation, 225 Market St Criteria Satisfied (AO Evaluation), 225 Market St Primary Façade Primary Façade Secondary Façade Secondary Façade (D) Block and Street Standards (1)Blocks (a)Perimeter (b)Length new street length 400' (2)Street and Connection types (a)Destination Street N/A (b)Support Street proposed Provided (c )Neighborhood Street Narrow (d)Market Street & Garden Street Provided (e)Path (f)Alley (b)Pedestrian Pass (h)All other street types (3)Curb Cuts (a)On Market Street Met (b) On Garden Street (c)All other streets complies (E ) Parking Standards (1)Parking Requirements (a)Per Residential Unit 254 spaces/213 units=1.2 Yes 254 spaces/213 units=1.2 Yes (2) Location & Screening (a) n/a Yes n/a Yes (b)complies Yes complies Yes (c )n/a N/A n/a N/A (d) complies Yes complies Yes (e)complies Yes complies Yes (f) complies Yes complies Yes (g)n/a Yes n/a Yes (3) Off-Site Parking n/a N/A n/a N/A n/a N/A n/a N/A n/a N/A n/a N/A (F) Supplemental District Standards (1)Upper Story setbacks (a) N/A N/A n/a N/A (b) N/A N/A n/a N/A (G) Streetscape Standards (1)General Standards (a)complies Yes complies Yes (b)complies Yes complies Yes (c )n/a See Conditions complies See conditions (d)Proposed development shall comply with all requirement of Article 11 complies See Narrative 34 spaces / 1 tree per 5 spaces = 7 shade trees required, parking lot interior island requirement satisfied See Narrative (2)Streetscape requirements (a)Benches n/a Yes n/a N/A (b)Bicycle Parking n/a Yes bike racks located at corner of Market St & Future Public Street (outside ROW) N/A (c )Street Tree Spacing, on center n/a meets Market St design trees at 30' O.C. on south side Future Public Street Yes Exempt (See LDR 8.04B(1)) N/A N/A N/A Exempt (See LDR 8.04B(1)) N/A N/A N/A N/A Permitted Connection, Not a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street 2 spaces Max. All stories above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the primary and secondary building facades. All stories above the fifth story of any building shall be set back a minimum of twelve feet (12’) from all Alleys. New construction resulting in additional non-residential gross floor area or residential units shall meet T- 5 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner (a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses. (b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses. (c) Shared parking may be used to meet parking requirements (See Article 13). Parking under structures is encouraged Parking shall only be permitted in compliance with applicable BES standards for Frontage Buildout New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. Prohibited Prohibited Permitted Connection, Not a Street Permitted Connection, Not a Street All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. Permitted May be used to meet short-term requirements of 13.14 30' Max. average Prohibited 100' Min. distance between curb cuts Permitted, Qualifies as a Street 1,600' Max. Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. 225 Market St T5 BES Standard 400' Max. 30 #SP-23-011 Findings of Fact and Decision Secondary Building Façade Requirements Applicant Self- Evaluation, 225 Market St Criteria Satisfied (AO Evaluation), 225 Market St (5)Frontage (a)Frontage Buildout Planned Public Street lot line is 62.6% T5 and 37.4% T4 therefore composite required buildout is 79.4%. Not provided 79.9% provided, Yes. (7)Glazing (b)First Story, percent of glazing required to be transparent 75% Min 100%Yes (c )Upper Stories See Note 2 See Note 2 (3)Curb Cuts (c)All other streets 400' Min distance between curb cuts not provided Yes Notes (2)Upper Story Glazing Shall comply with the following standards: 20%33% T5, 28% T4 Yes(a) Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the primary building facade and 20% on secondary building facades. 225 Market St T4 BES Standard 31 #SP-23-011 Findings of Fact and Decision Primary Building Façade Requirements Applicant Self- Evaluation, 113 Garden St Criteria Satisfied (AO Evaluation), 113 Garden St Primary Façade Primary Façade (B) Lot Standards (1)Lot Dimensions (a)Lot size N/A N/A (b)Lot Width N/A N/A (2)Lot Occupation (a)Percentage of Lot Coverage N/A N/A (b)Units per acre N/A N/A (C) Building Standards (1) Building Types (a)All Types N/A N/A (2)Building Stories (a)Principal 4 YES (b)Accessory N/A N/A (3)Floor-to-Floor Height (a)First story 10'-9"Yes (b)Upper Stories 10'-9" to 13'2"Yes (4)Build-to-Zone (a)Primary Build-to-Zone (See note 3)0' Min., 12' Max.12' (b)Secondary Build-to-Zone (See note 3)0' Min., 24' Max.18.5' (5)Frontage (a)Frontage Buildout , Primary Streets (See note 3) 70% Min. The frontage buildout for Garden Street exceeds the minimum required composite buildout for the T-4 & T-5'' Garden Street lot line is 19.9% T5 and 80.1% T4 therefore composite required buildout is 73%. 77% provided. Yes (b)Frontage Buildout , Secondary Streets (See note 3) 70% Min. within 80' of Primary Street, 50% Min. elsewhere N/A N/A (b)Percentage of Frontage Buildout within the Primary Build- to-Zone (See note 3)75% Min.189.6' / 217.1' = 87%86%, Yes (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone (See note 3)0% Min., 25% Max.27.5' / 217.1 = 13%14%, Yes (6)Entrances (a) Average frequency of Public Entrances, non-residential first story use (See note 3)36' Max. only residential uses on first story N/A (b) Maximum distance between Public Entrances, non- residential first story use (See note 3)46' Max. only residential uses on first story N/A (c ) Average Frequency of Operable Entrances, residential first story use (See note 3)36' Max.21'-3"24'-5", Yes (d) Maximum distance between Operable Entrances, residential first story use (See note 3)46' Max.42'-2"Yes 24' Max. 14' Max 113 Garden St T4 BES Standard None None None Permitted 2 Min., 5 Max. 1 Max. None 32 #SP-23-011 Findings of Fact and Decision Primary Building Façade Requirements Applicant Self- Evaluation, 113 Garden St Criteria Satisfied (AO Evaluation), 113 Garden St Primary Façade Primary Façade (7)Glazing (a)First Story Min. 40% of the Width of the Building, and Min. 7.5' in Height for non- residential and 6' in height with min. window head height of 7.5' for residential 103'-4" / 220'-2" = 47%Yes (b)First Story, percent of glazing required to be transparent 75% Min. all transparent glazing Yes (c )Upper Stories See Note 2 31% glazing provided on upper stories, all windows taller than wide, windows recessed 3" from façade, and windows at least 36" from corner See Note 2 (d)Ground story residential privacy Ground story facades facing a street or public park shall be designed to provide privacy to the interior of the units through either establishing a window sill height of at least 36" above the adjacent sidewalk or a combination of landscaping and hardscaping to create the same effect. Window sill is 36" above FFE and >36" above sidewalk Yes (8)Building Breaks (a)Building Horizontal Façade Min. 3 every 80' longest segment with 3 breaks is 60.2' 9 required, 9 provided excluding balconies, Yes (b)Single Span of Horizontal Facade Without a Break 48' Max.28'-8"34'-4", Yes (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules Provided, excluded from building break calculations (D) Block and Street Standards (1)Blocks (a)Perimeter (See note 3) no new blocks or street proposed (b)Length (See note 3) no new blocks or street proposed Exempt (See LDR 8.04B(1)) 2,800' Max. 300' Min., 700' Max. Encouraged 113 Garden St T4 BES Standard 33 #SP-23-011 Findings of Fact and Decision Primary Building Façade Requirements Applicant Self- Evaluation, 113 Garden St Criteria Satisfied (AO Evaluation), 113 Garden St Primary Façade Primary Façade (2)Street & Connection Types (a)Neighborhood Street Narrow (b )Neighborhood Street (c)Private commercial way (d)Support Street (e)Commercial Street (f)Avenue (g)Commercial Boulevard (h)Destination Street (i)Market Street and Garden Street Garden Street Existing Provided (j)Path (k)Pedestrian Pass (l)Alley (m) All other street types (4)Curb Cuts (not including street intersections) (a)On Market Street N/A N/A (b) On Garden Street 425', Existing curb cut to be relocated Yes (b)All other streets N/A N/A (E ) Parking Standards (1)Parking Requirements (a)Per Residential Unit 254 spaces/213 units=1.2 Yes (2) Location & Screening (a)no commercial requriements N/A (b)complies Yes (c )N/A N/A (d)screened by buildings Yes (e)Parking garage proposed in Level 0 Yes (f)Parking located behind building Yes (3) Off-Site Parking N/A N/A N/A N/A (F) Supplemental District Standards (1)Where a T-4 Lot abuts the R4 or R7 Zoning District, the following standards shall apply: (a) A buffer strip shall be required (b) (c ) (d) (e) (f ) N/A N/A N/A N/A New construction resulting in additional non-residential gross floor area or residential units shall meet T-4 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height Parking shall only be permitted in compliance with applicable BES standards for building frontage Prohibited The third story of any building shall be set back a minimum of twelve feet (12’) from the rear building line; and, The fourth story of any building shall be set back a minimum of twenty-four feet (24’) from the rear building line. Permitted Connection, Not a Street No building located within one hundred and fifty feet (150') from the R4 or R7 District boundary shall exceed four (4) stories in height. (a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses. 400' Min. distance between curb cuts 400' Min. distance between curb cuts 100' Min. distance between curb cuts Parking under structures is encouraged (b) Off-site parking within 1200’ may be used to meet parking requirements for non- Residential uses. Permitted, Qualifies as a Street Along Secondary Streets, parking structures within the build-to-zone that do not meet entrance and/or glazing standards are permitted and shall count towards Frontage Buildout requirements, provided that a minimum of 0.5% of the construction cost is used for original artwork installed on or in front of the building façade facing said street. Along Secondary Streets, a Streetfront Open Space, as defined within these Regulations, shall count towards Frontage Buildout requirements. 2 spaces Max. 113 Garden St T4 BES Standard 34 #SP-23-011 Findings of Fact and Decision Primary Building Façade Requirements Applicant Self- Evaluation, 113 Garden St Criteria Satisfied (AO Evaluation), 113 Garden St Primary Façade Primary Façade (2) (a) (b) (c) (d) (e)Such building shall comply with all other provisions of these Regulations. (3) (a) (b) (4) N/A N/A (5) N/A N/A (G) Streetscape Standards (1)General Standards (a) complies Yes (b)complies Yes (c )N/A See conditions (d)Proposed development shall comply with all requirement of Article 11 15 spaces / 1 tree per 5 spaces = 3 shade trees required, parking lot interior island requirement satisfied See Narrative (2)Streetscape requirements (a)Benches n/a N/A (b)Bicycle Parking n/a N/A (c )Street Tree Spacing, on center n/a Provided consistent with approved plans N/AN/A N/A N/A Large Single Story Principal Buildings. New large single-story principal buildings shall be permitted subject to the following requirements: Gateway Area. Within a Gateway Area, corners of buildings located at street intersections shall include one or more significant architctural features, such as but not limited to, vertical projections, changes in materials, top-story open spaces, and/or first-floor prominent features. All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. Such building shall be a minimum of 24' in height and shall have the appearance of two or more stories; Such building shall have entries at a frequency of every 50' or less and shall have a maximum distance between entries of 60'; and, All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. Small Single Story Principal Buildings. New small single-story principal buildings shall be permitted subject to the following requirements: Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. Permitted May be used to meet short-term requirements of 13.14 50' Max. average Such building shall have a frontage greater than 100' and a footprint greater than 10,000 square feet; Such building shall have a maximum footprint of 3,500 square feet; and, Such building shall comply with all other provisions of these Regulations. No new single-story building shall be permitted within one thousand (1,000) linear feet in any direction from any existing single-story building approved under this subsection; Upper Story setbacks. Except where located within a Gateway Area, all stories not categorized as a rooftop structure in Section 8.06 above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the primary and secondary building facades. 113 Garden St T4 BES Standard 35 #SP-23-011 Findings of Fact and Decision DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-23-011 of Snyder-Braverman Development Co., LLC subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 3. The applicant must obtain the first zoning permit within six (6) months from the date of this decision, and within three years for all three approved buildings or this approval expires and is null and void. The applicant may submit a request for an extension to obtain a zoning permit under the terms outlined in Section 17.04 of the LDR’s, but the request must be submitted prior to the expiration of this approval. 4. Prior to issuance of a zoning permit, the applicant must file a copy of the Large Development Area Open Space agreement in a form acceptable to the City Attorney. 5. Prior to issuance of a zoning permit to construct each building, the applicant must receive final water and wastewater allocation for the residential component of that building. 6. Occupancy of non-residential spaces shall require zoning permit approval and associated water and wastewater allocation, and any applicable grease trap permits, prior to fit-out and occupancy. 7. Prior to issuance of a zoning permit, the applicant must develop a memorandum of understanding, signed by the applicant and the City Manager or her designee, for the City to use the private alley as passage for public use when Market Street is closed for events. 8. Within the T5 zoning district, non-residential unit spaces on the first floor may not be converted to residential unit space. Spaces identified as commercial shall not be used for residential use, Primary Building Façade Requirements Applicant Self- Evaluation, 113 Garden St Criteria Satisfied (AO Evaluation), 113 Garden St Primary Façade Primary Façade Notes (1) N/A N/A (2)Upper Story Glazing Shall comply with the following standards: 31%Yes 100%Yes Yes 3" Provided for windows facing primary façade only, Yes 100%Yes (3)N/A N/AStandard does not apply to a building façade abutting an Intertstate or Interstate ramp (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. (a) Upper story glazing shall be a minimum of 30% of the façade area below the roofline on the primary building facade and 20% on secondary building facades. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. (e) A minimum of 85% of all required glazing shall be transparent 113 Garden St T4 BES Standard 36 #SP-23-011 Findings of Fact and Decision or uses supporting a residential use. 9. The buildings are estimated to generate approximately two hundred forty seven (247) vehicle trip ends during the P.M. peak hour and are approved for this amount. The applicant must confirm the square footage and trip generation of each use as part of the application for each zoning permit. All trips, and subsequent increases, are subject to the Impact Fee Ordinance. 10. The applicant must submit an updated computation of trips at the time of the zoning permit for occupancy of each non-residential space. If at any time the total estimated PM peak hour trips are proposed to exceed 322 total trips, the applicant shall be required to amend the site plan and comply with any traffic / trip end standards in place at such time. 11. Traffic Impact Fees, pursuant to the Impact Fee Ordinance, are calculated based on the Land Use Code for non-residential development and based on a specified formula for residential development. The calculated amount will be applied at the time of zoning permit application for each building and for each initial occupancy of the non-residential spaces and subsequent changes of use. 12. The applicant shall provide an irrevocable offer of dedication in conjunction with the concurrent subdivision, in a form acceptable to the City Attorney, prior to issuance of the first zoning permit for the lands involved in this application. 13. The applicant shall record the plats associated with the subdivision approval for the lots as proposed prior to issuance of the first zoning permit for construction. 14. Prior to issuance of the first zoning permit, the applicant shall provide an infrastructure bond for the cost of required improvements (including street trees) for the planned public street plus 15% contingency in an amount approved by the Director of Public Works. 15. Prior to issuance of a zoning permit for each phase, the applicant must post a landscaping bond for the incremental approved planting value (calculated in accordance with the methodology in LDR 15.A.20B(2)). This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 16. The applicant may apply the excess landscaping value in Phase 1 to the required minimum landscaping budget for Phase 2, and similarly for phases 2 and 3, provided no Certificate of Occupancy for Phase 2 is issued until after a certificate of occupancy for Phase 1, and similarly for phases 2 and 3. 17. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of any building. 18. specialty concrete shall consist of one or more of the paving examples shown on page 1, the top of page 2, or the stamp pattern on either image on page 4, or other stamping and staining pattern as may be approved by the Administrative Officer. 19. Garden Street shall be ready for acceptance prior to issuance of a certificate of occupancy for either 267 Market Street or 113 Garden Street, including necessary improvements to comply with the approved street type along the site frontage for the street for the adjoining building. 20. The applicant must provide for emergency or construction access use a temporary vehicular connection to the existing 155 Market Street driveway prior to issuance of a certificate of occupancy for 267 Market Street. A pedestrian connection in the location of the planned public street consisting of construction and opening of a temporary (or the approved) sidewalk must also be established prior to occupancy of 267 Market Street. The sidewalk shall remain continuously 37 #SP-23-011 Findings of Fact and Decision open. The entire street section shall be complete prior to issuance of a certificate of occupancy for 225 Market Street. 21. Uninterrupted pedestrian access to any designated open space(s) must be constructed and completed prior to the issuance of a Certificate of Occupancy for the building in the associated phase. 22. All products installed in the qualifying open spaces must be of high-quality materials intended to be used for commercial application, pursuant to Article 11B. 23. 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. 24. On-site surface parking must be shared between all on-site uses. 25. Long-term bicycle parking spaces shall be spaced so that, measured perpendicular to the wall on which the bicycle rack is mounted (parallel to the bicycles themselves), there is at least 87 inches between the rack and the nearest obstruction, providing space for a bicycle and sufficient space to remove the bicycle without hitting other bicycles on the same rack. 26. Bicycle parking and clothes lockers must be installed in a manner meeting the minimum standards of Section 13.14. 27. All entrances to spaces labeled as commercial on the approved plans must be operated in a manner consistent with the definition of public entrance. 28. The City will not accept the planned public street until it is extended across one or more adjacent parcels. In the interim, the applicant or their designee shall maintain the planned public street segment. 29. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 30. The applicant is responsible for maintaining landscaping in a vigorous growing condition. Damage due to snow storage should be remedied during the next growing season. If plantings do not thrive with coincident snow storage, the applicant must revise the location of snow storage on the approved plans. 31. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 32. All on-site lighting must comply with the requirements of 13.07, including the requirement that all light sources be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. 33. The applicant is responsible for maintaining clear pedestrian access and must remove the snow storage shown across a sidewalk from the alley. 34. All new buildings are subject to the Vermont Commercial Building Energy Standards and Appendix CA thereof pursuant to Section 3.18: Residential and Commercial Building Energy Standards of the LDRs and Section 3.19: On-Site Solar Photovoltaic Systems 35. The Administrative Officer recommends that the City Council approve a credit against traffic impact fees, upon request of the property owners, in an amount up to the total traffic impact fees amount calculated for this building. In no event shall the credit, however, exceed the actual construction cost for this segment of Garden Street nor the total impact fees authorized to be collected per the impact fee ordinance. 38 #SP-23-011 Findings of Fact and Decision 36. Any change to the approved plan will require approval by the Administrative Officer. Signed on this 20 day of _July_ 2023 by Marla Keene, Administrative Officer PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.