HomeMy WebLinkAboutSD-22-06 - Supplemental - 0000 Market Street #SD-22-06
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CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SD-22-06_0 Market St_SBCC LLC_SK_2022-05-17.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: May 11, 2022
Plans received: March 4, 2022
0 Market Street
Sketch Plan Application #SD-22-06
Meeting date: May 17, 2022
Owner
South Burlington City Center, LLC
P.O. Box 2204
South Burlington, VT 05407
Applicant
South Burlington City Center, LLC
P.O. Box 2204
South Burlington, VT 05407
Property Information
Tax Parcel 0450-00000
Form Based Code Transect Zone 5, Transect Zone 4
5.86 acres
Engineer
Lamoureux & Dickinson Consulting Engineers
14 Morse Drive
Essex Junction, VT 05452
Location Map
PROJECT DESCRPTION
Sketch plan application #SD-22-06 of South Burlington City Center, LLC to subdivide a 5.86 acre parcel
into three (3) lots ranging in size from 0.36 to 3.62 acres for the purpose of subdividing the lands of a
storm pond, a future city street, and a development lot, 0 Market Street.
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CONTEXT
The Applicant is proposing to subdivide one existing parcel into three lots. The three lots are proposed to
consist of Lot SW1 of 1.88 acres which contains an already-constructed stormwater pond, a future street
right of way of 0.36 acres as depicted on the official map, and Lot N, proposed to be reduced to 3.62 acres.
The DRB is responsible for review of subdivisions within the Form Based Code district to ensure that the
proposed lots are legal and developable and that infrastructure to serve the lots is in place. Therefore
these comments focus on those elements of the proposed subdivision and omits discussion of the
proposed development except as relevant to the DRB’s authority.
For purposes of clarity, this document refers to the Future Street and Garden Street. The Future Street is
on the northwest property line, while Garden Street is to the south.
COMMENTS
Development Review Planner Marla Keene and Planning and Zoning Director Paul Conner, hereafter
referred to as Staff, have reviewed the plans submitted by the applicant and have the following
comments. Numbered comments for the Board’s attention are in red.
Subdivision standards have been significantly modified in the February 7, 2022 LDR compared to the
December 28, 2020 LDR. Accordingly, Staff has provided more context for the staff comments than is
typical to acquaint the Board with the modified regulations.
APPLICABLE STANDARDS
The LDRs require demonstration that the land to be subdivided can be developed as intended and in
accordance with the LDR. See article 15.A.10, 15.A.11, and 15.A.16 of the LDR effective November 10,
2021. Previous conceptual plans, included in prior applications, are no longer viable due to the relocation
of Garden Street by the applicant.
The applicant has provided a “Potential Future Site Development Plan” showing a conceptual layout for
the remaining lands of Lot N. Staff considers the provided plans, while attempting to address the specific
standards of the LDR, does not appear to advance the vision or objectives of the City Center development
district. Staff recommends the Board keep the goals of a vibrant, mixed use, downtown development
with strong non-vehicular infrastructure, in mind while reviewing this and other City Center applications.
15.A.04 Classification
A. Subdivision Classes. For purposes of these Regulations, subdivisions of land shall be classified
as by the Administrative Officer as follows:
(1) A Minor Subdivision, to be reviewed under Section 15.A.07
(2) A Major Subdivision, to be reviewed under Sections 15.A.06 and 15.A.07
(3) A Transect Zone Subdivision, to be reviewed under Section 15.A.07 and Article 8, for any subdivision of land within a designated Transect Zone.
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The lands are within transect zones T4 and T5, therefore the proposed subdivision of land is a Transect
Zone Subdivision. Transect Zone Subdivisions are required to undergo sketch plan and final subdivision
review. Master Plan and Preliminary subdivision review are not required.
15.A.10 Subdivision Standards
A. Applicability. Any subdivision of land subject to these Regulations must meet applicable subdivision
standards under this Article unless modified or waived by the DRB under Section 15.A.01(B).
(1) The DRB, in determining compliance with these standards, may require:
(a) Disclosure of the intended use and development of all land to be subdivided, including
subsequent development plans for any retained portion of the existing tract or parcel to be
subdivided.
The applicant has provided a “Potential Future Site Development” plan showing how the retained
portion of Lot N could be developed. Future subdivision of the lands is included on that plan.
(b) An independent technical review of the proposed subdivision under one or more standards, prepared by a qualified professional, in accordance with Section 17.08.
This option is available to the Board, though Staff is not recommending it at this time.
(c) Modification of subdivision layout and design, the phasing of subdivision and development,
or other measures necessary to avoid or mitigate the adverse impacts of a proposed subdivision
on adjacent properties and uses; the transportation network; public facilities, infrastructure,
and services; and environmental resources identified for protection under Article 12.
Recommendations for the proposed subdivision of land are contained herein.
B. Interpretation. Where a subdivision standard under this Article is superseded by or conflicts with
another relevant standard under these Regulations, including Environmental Protection Standards
and standards specific to a Planned Unit Development or Transect Zone Subdivision, the more
specific, stringent, or restrictive standard shall apply.
Other applicable regulations are discussed herein.
15.A.11 General Standards
A. Development Suitability. The applicant must demonstrate that the land to be subdivided is
physically suited for its intended use and the proposed density or intensity of development, and that the
proposed subdivision will not result in undue adverse impacts to public health and safety, environmental
resources as identified and regulated under Article 12, neighboring properties and uses, or public
facilities and infrastructure located on or within the vicinity of the land to be subdivided.
The intended use of the Transect Zones can be inferred from the purpose of the Form Based Code zoning
district.
8.01A Purpose The City Center Form Based Code (FBC) District is a standalone zoning district
with boundaries established on the Official Zoning Map, and has specific rules and standards
set forth below which apply solely in the City Center Form Based Codes District. The FBC District
implements a form based zoning regulation applicable to the City Center (either the ”Code” or
the “FBC”) which encourages sustainable retail, commercial and mixed use development of
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open land, redevelopment of existing mixed use land and preservation and improvement of
residential areas through pedestrian and bicycle connectivity.
The FBC District (this article) is designed to maintain and foster improvement to the FBC
District’s existing structures and encourage new development and infrastructure that
incorporates planned transportation corridors with walking and bicycling coincidental with the
automobile. This District aims to preserve the existing residential fabric while stimulating new
mixed use growth that facilitates a safe and economically self-sustaining place to live and work.
Future development within the City Center FBC District and its Transect Zones shall be of a form
of built environment that creates and protects development patterns that are compact,
pedestrian oriented and mixed use. Available parking will be a mix of parallel and diagonal on-
street and screened off- street. Adequate space for walking, interconnectedness of
neighborhoods and convenient parking areas will characterize the district so that there will be
a mix of uses within walking distance of dwellings and parking.
Intensity of development is defined by the applicable Building Envelope Standards for each transect zone.
Excerpted relevant standards are below
Standard T4 T5
Building Stories 2 min, 5 max 2 min, 6 max
Primary Build-to-zone 0’ min, 12’ Max 0’ min, 6’ max
Frontage Buildout 70% min 85% min
Percentage of Frontage Buildout
within Primary Build-to-zone
75% min 75% min
Curb Cuts on Garden St 400’ min distance between curb
cuts
Prohibited
Health and safety, environmental standards, impacts on neighboring properties, and public infrastructure
are discussed in greater detail herein.
C. Development Context. The applicant must demonstrate that the subdivision conforms to the
planned pattern of subdivision and development in the area, as defined by district purpose statements
and standards, or as specified for a type of Planned Unit Development (PUD) under Article 15.C. In
addition to meeting required zoning district, transect zone, or PUD standards:
(2) Multiple Districts. For the subdivision of land located in more than one zoning district, the
district regulations specific to that portion of the subdivision within each zoning district shall apply,
except as specified for a Planned Unit Development under Article 15.C.
(a) Subdivision boundaries and lot lines must be located and configured to avoid creating
building lots that are split by zoning district boundaries except where the DRB finds such split
building lots unavoidable due to pre-existing lot and infrastructure layout.
The applicant’s potential future development plan does not comply with this standard. Staff
considers, however, the subject proposed subdivision does not preclude compliance of future
subdivisions with this standard in and of itself, provided that other criterion discussed herein can
be met.
(3) Compliance with Other Regulations. Subdivisions, including building lots, dwelling units, and supporting facilities and infrastructure, must also be designed, configured, and constructed to
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comply with other relevant standards under these Regulations and other city ordinances and
standards in effect at the time of application, including those listed below.
• Official Map, adopted under 24 V.S.A. § 4421
• Capital Improvement Program, adopted under 24 V.S.A. § 4430
• Department of Public Works Standards
• Fire Prevention and Safety Ordinance
• Water and Cross Connection Ordinances
• Sanitary Sewer and Stormwater Ordinance
• Impact Fee Ordinance
• E-911 Ordinance
Planning and Zoning Staff reviewed the project with the Community Development Director, the
Director of Public Works and the City Stormwater Superintendent. Their comments are woven
throughout this document.
15.A.16(C) Lots.
(2) The arrangement and configuration of lots must allow for the further subdivision of any remaining
developable land on the tract or parcel to be subdivided. Where proposed building lots exceed
minimum lot area requirements, the DRB may require that such lots be configured and developed
in a manner that allows for further subdivision and infill development.
(5) The arrangement and configuration of building lots within the subdivision must be consistent with
the intended use, street type, and the planned pattern of development for the Zoning District,
Transect Zone, or PUD type in which the subdivision is located, including the existing or planned
street and block network.
8.04 also includes provisions relevant to the shape of lots, as follows.
8.04 Blocks, Streets, and Alleys
A. Location of blocks and streets.
(2) Public Facilities on the Official Map
(a) Where applicable, the applicant shall construct such street in accordance with the
requirements of these Regulations;
The applicant should be required to provide an irrevocable offer of dedication for the lot for the future
Street as part of the application for final subdivision. The construction of the street will be required
as part of development on Lot N.
Staff understands that the T4/T5 zoning district boundary was established with the intention of
facilitating buildings fronting on Market Street with an access alley behind them, supported by the
constructed location of a curb cut on Garden Street and on the existing lot at 155 Market Street.
The frontage build-out requirements require 85% of the Garden Street frontage within the T5 to
consist of a building no greater than 6-ft from the property line, and 70% of the Garden Street frontage
within the T4 to consist of a building no greater than 12-ft from the property line. The applicant’s
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Potential Future Site Development plan highlights that if they were to use the curb cut on Garden
Street, sight distances for vehicles exiting Lot N would be impaired by the required buildings.
1. The applicant made the choice to place the curb cut on the south side of Garden Street in the location
shown on the Potential Future Development Plan. Staff recommends the Board direct the applicant to
modify the Garden Street cross section to include a curb cut opposite the approved curb cut on Lot M.
Such a curb cut would result in improved safety as well as having the side benefit of a more consistent
block length. Historically, the applicant has been reluctant to modify curb cuts on the partially
constructed segment of Garden Street. Staff reminds the Board and the applicant that curb cuts are
modified throughout the city on an as-needed basis and the relative age of the street should not trump
safety.
(8) Unless otherwise specified under these Regulations, building lots must have sufficient developable
area to accommodate proposed building types, associated yard or other required open space areas,
site drainage, utilities, or other improvements required under these Regulations, including site plan
standards under Article 14.
Civic spaces are a requirement of transect zones, are referred to as open spaces, and are addressed
in LDR 8.08. Within the T5, open space may be located entirely off site. Within the T4, open space
for residential buildings must be located on site or within 150-ft of the site1. As described in
15.A.11C above, the applicant must demonstrate the project can be developed in accordance with
the LDR, including this open space requirements. The applicant’s Potential Future Site Development
Plan does not indicate how open space would be incorporated. For reference, Staff estimates that if
built with four-story buildings, this parcel would require 10,000 to 16,000 s.f. of open space
depending on use. Finally, Staff notes that successful projects in the City Center and elsewhere have
integrated required open space from the very start of design.
2. Staff recommends the Board discuss with the applicant how their proposed development plan can
incorporate the required civic spaces while still meeting the frontage buildouts and parking needs of
the development program.
(9) A building lot generally must be rectangular in shape, with side lot lines that are perpendicular or
radial to the abutting street, and rear lot lines that parallel the street, except as necessary to
accommodate existing rights-of-way or other physical site constraints (see Figure 2-1, Lots, Yards
and Lot Lines). Irregular or oddly shaped building lots, including flag and through lots, are
prohibited, except for:
(a) A flag lot, with a minimum of fifteen (15) feet of frontage on the abutting street, as necessary
to accommodate a back-lot subdivision and infill development within an existing subdivision,
block pattern, or development;
(b) A triangular or trapezoidal building lot defined by abutting streets that otherwise has sufficient
street frontage and lot area to meet minimum lot requirements; or
(c) A through lot with frontage on two parallel or intersecting streets that cannot be further
subdivided under minimum lot requirements, provided that front setback requirements can be
met on both streets.
15.A.16(C)(9) above requires lots to be generally rectangular in shape, with a certain set of limited
exceptions. The proposed subdivision of land does not comply with this requirement. The frontage
1 An applicant may also assign a portion of their required open space to a designated Large Area Open Space, of
which there is one in City Center, up to a maximum of 50% of the requirement for any given site.
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build-out requirements of the T5 zoning district require 85% of the street frontage to be occupied by
a building. The frontage build-out requirements of the T4 zoning district require 70% of the street
frontage to be occupied by a building.
3. Given that CU-18-01 approved the construction of the stormwater pond, Staff considers the Board
may exempt the frontage of the stormwater pond from minimum frontage buildout requirements.
However, in doing so, Staff recommends the Board consider, as compensation for the lost buildout of
the storm pond, to increase the required frontage buildout of the remaining lot.
The remaining lands would then be required to meet the build-out requirements and the
requirements of having a generally rectangular shape. The applicants proposed lot configuration
creates a particularly irregularly shaped lot.
4. Staff recommends the Board discuss with the applicant reconfiguring the proposed lot lines to create
a generally rectangular shape so that the remaining lands can be subdivided consistent with the
requirements above. The provided Potential Future Site Development Plan highlights the difficulty
that will result if the subdivision proceeds as proposed both in meeting the requirement to have
rectangular lots and in meeting the frontage buildout requirements.
8.05D also includes provisions relevant to the shape of lots, as follows.
8.05 Parking
D. Access to Off Street Parking. Access between adjacent lots and across property lines is
required, as stipulated in 14.07F and 13.02F of these Regulations.
5. It appears the applicant’s Potential Future Site Development Plan accommodates this criterion
being met. However, in order to meet this criterion, the applicant has provided a curb cut on the
Future Street on the west side of the site, which then results in the frontage buildout
requirements not being met along the Future Street frontage; 70% frontage buildout is required
while only 63% frontage buildout is provided within the T4. Staff recommends the Board discuss
with the applicant how they propose to simultaneously meet this requirement and the frontage
buildout requirement, and require a feasible demonstration prior to final plat approval.
15.A.15 Sidewalks, Bike Lanes, and Recreation Paths
A. Purpose and Intent. As necessary to facilitate pedestrian and bicycle access and circulation
throughout the subdivision, and to provide direct pedestrian and bicycle connections to adjoining
neighborhoods, public parks, transit stops, and other community focal points or destinations in the
vicinity (e.g., schools, recreation facilities, civic buildings, shopping and employment centers), the
applicant must demonstrate that subdivision layout and design, including the proposed street network,
incorporates as applicable:
(1) Pedestrian-oriented streetscapes, as defined by Street Type under Article 11.A;
(2) Pedestrian sidewalks, crosswalks, and mid-block crossings that meet ADA requirements;
(3) Interior block pedestrian passages and walkways;
(4) Direct pedestrian access from the street to fronting building lots and civic spaces, and to existing
and planned transit stops;
(5) Bicycle access to all building lots, and existing and planned transit stops;
(6) Bicycle lanes, as incorporated by street type; and
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(7) Existing and planned pedestrian trails and multiuse recreation paths, as identified in the
Comprehensive Plan, or on the City’s Official Map.
C. Pedestrian Easement. A permanent pedestrian easement twenty (20) feet in width may be
required by the DRB, as necessary to facilitate pedestrian and bicycle circulation within the subdivision:
(1) Through any block that is six hundred (600) feet or more in length;
(2) As a continuation of a dead-end street;
(3) To provide direct pedestrian access to an existing or planned transit stop within or adjacent to
the subdivision; or
(4) In conjunction with a utility easement.
The applicant is proposing a block length from the southwestern corner of the lot to the northwestern
corner of the lot of more than 900 ft. The purpose of the City Center zoning districts and of the street
types within the City Center zoning districts place strong emphasis on creation of a pedestrian-oriented
development pattern. 15.A.15A(3) requires the subdivision design and layout incorporates pedestrian
passages and walkways.
6. Staff recommends the Board direct the applicant to provide two permanent pedestrian easements in the
proposed subdivision. The first Staff recommends be located along the stormwater pond maintenance
access driveway and berm. The second Staff recommends be a commitment to a future easement located
through the proposed development lot, with accompanying language indicating the easement shall be
along a safe and dedicated pedestrian path with minimal vehicular interactions. Staff recommends the
Board direct the applicant to provide the draft language for the easements as part of the final plat
application.
15.A.18 Infrastructure, Utilities, and Services
B. Potable Water Supply and Wastewater Systems. The applicant must demonstrate that
adequate potable water supply and wastewater facilities exist to serve the subdivision at buildout.
This section of the LDR includes a number of specific critieria, including that utility corridors be shown on
subdivisions plans and plats, that sufficient water system pressure must be maintained throughout the
subdivision to serve all building lots and to provide for adequate fire protection, and that the DRB may
require systems to be oversized to serve future development.
The applicant, as part of a separate project, has provided the City with an irrevocable offer of dedication
for Garden Street. The City has not yet accepted the offer. At the time of this writing, construction of the
roadway is not yet complete. In order to provide domestic water service to the planned development on
Block M (south of Garden Street), there must be a water main loop at the western end of this lot
connecting the water main on the portion of Garden Street adjacent to the subject block (Block N) to the
water main on the portion of Garden Street adjacent to the Trader Joes/Health Living lots. Since the City
has not yet accepted the offer for Garden Street, in order for the City to construct this necessary
connection, the applicant must provide the City with a right of easement on Garden Street near the south
western end of the subject property. Staff requested the applicant modify their sketch plan application
to include such an easement, but the applicant declined.
7. Since this criterion requires compliance with other relevant standards and city ordinances, and
15.A.18B(6) and 15.A.18B(8) require adequate water supply as part of a subdivision approval and
permit the DRB to require utility overdesign to serve future development, Staff recommends the Board
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discuss with the applicant that they will be required to provide the necessary easement for
construction of the necessary water line prior to final plat approval.
D. Stormwater facilities. The applicant must demonstrate that stormwater management system
serving the subdivision has been designed to meet City standards and specifications under Article 13 of
these regulations and the South Burlington Ordinance Regulating the use of Public and Private Sanitary
Sewerage and Stormwater Systems.
City stormwater standards require regular maintenance of stormwater management facilities. The
stormwater pond will not be taken over by the City. However, it is general best practice to provide ten
(10) ft of access along the top of all sides of a stormwater treatment facility for maintenance. Staff
recommends the Board direct the applicant to either provide an unobstructed easement or modify the
proposed subdivision to include a maintenance access.
The Potential Future Site Development plan shows the removal of a bioretention system (Bioretention
#2) that was included in the stormwater management permit for City Center. It is understood that the
development has deviated from the plans included in that permit, but any future development on Lot N
will need to ensure that adequate stormwater treatment is provided in accordance with the City’s LDRs.
G. Renewable Energy Facilities. The applicant must demonstrate that, to the extent physically
feasible, reasonable, and as appropriate to its development context, the subdivision has been designed
to incorporate best practices that maintain access to and use of renewable energy resources, e.g., to
include one or more of the following as indicated on subdivision plans and plats:
(1) Street and building lots that are oriented to maximize solar access and gain, for passive solar
construction or rooftop solar installations.
The existing Market Street, Garden Street, and the T4/t4 boundary placement dictates a significant
amount of the future building placement. Nonetheless that this criterion must be addressed in the
application for final plat.
RECOMMENDATION
Staff recommends that the Board work with the applicant to address the issues identified herein.
Respectfully submitted,
Marla Keene, Development Review Planner