HomeMy WebLinkAboutSD-22-11 - Supplemental - 0760 Shelburne Road - SD-22-11_760 Shelburne Road_Bourne_SK_SC_2022-08-02 #SD-22-11
CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SD-22-11_760 Shelburne Road_Bourne_SK_SC_2022-08-
02.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: July 28, 2022
Application received: June 17, 2022
760 Shelburne Road – Gary Bourne
Sketch Plan Application #SD-22-11
Meeting Date: August 2, 2022
Owner
Gary J. Bourne & 764 Shelburne Road, LLC
414 West Grove
Middleboro, MA 02346
Applicant
Jeff Nick
29 Church Street, 3rd Floor
Burlington, VT 05401
Property Information
Tax Parcels 1540-00760, 1540-00764, 1700-00031
Commercial 1-R15 Zoning District, Traffic Overlay District,
Transit Overlay District, Urban Design-Secondary Node
Overlay District
Parcel size: 1.43 acres
Location Map
#SD-22-11
PROJECT DESCRIPTION
Sketch plan application #SD-22-11 of Gary Bourne to create a General Planned Unit Development
consisting of consolidating three existing lots into one lot, removing three existing buildings and fully
redeveloping the resulting 1.39 acre lot with a 3,500 sf financial institution, a 2,500 multi-tenant
commercial building, and a 3-story 27-unit multifamily building, 760 Shelburne Road.
PERMIT HISTORY
This project consists of three existing lots currently developed with a restaurant, a convenience store, a
service station, and an auto & motorcycle service and repair use. Currently the only occupied use is the
auto & motorcycle service and repair use. The other two lots have been vacant for some time. None of
the three properties has received any approvals more recently than 2012.
COMMENTS
Development Review Planner Marla Keene and Director of Planning and Zoning Paul Conner, hereafter
referred to as Staff, have reviewed the plans submitted by the applicant and offer the following
comments. NOTE: As this is a Sketch Plan review, only criteria relevant for review at this stage are
addressed. Numbered items for the Board’s attention are in red.
This project can only meet the regulations if it applies for approval as a General Planned Unit
Development. The PUD regulations are significantly changed since the Board’s last review of a new PUD,
therefore Staff has taken extra time to provide context and purpose statements to enhance the Board’s
understanding of the regulations. General PUDs are subject to the requirements of 15.C.04 and 15.C.07,
as well as site plan review standards, general provisions, and supplemental regulations as applicable.
A) PLANNED UNIT DEVELOPMENT
The applicant is proposing one lot for all three buildings. However, this is not currently allowed under the
LDR (see 3.09). Instead, the applicant’s proposal requires creation of three lots, one for each principal
structure, and modification of the minimum lot size because the LDRs prohibit more than one principal
unrelated building on a lot and the minimum lot size in the C1-R15 zoning district is 3 acres and 2,900 sf
per unit for multifamily residential. Modifications of lot sizes is potentially allowable if the project is
reviewed as a PUD.
15.C.03 Planned Unit Development Review
All PUDs are subject to master plan review unless the DRB waives the requirement. The Board may
waive this requirement for a PUD of less than four acres to be developed in a single phase of no more
than three years.
1. Staff recommends the Board discuss with the applicant whether they are seeking waiver of the
requirement for a master plan. Staff notes the advantage of a master plan is vesting of the
regulations at the time of master plan approval and the ability to phase the construction of
buildings.
There is a list of specific application requirements for PUD review. These requirements must be met
at the preliminary plat stage of review, and include demonstration of compliance with the
comprehensive plan.
There are three types of PUD. The potentially applicable PUD type for this project is a general PUD,
#SD-22-11
described in LDR 15.C.07. General PUDs are a type of planned development that allows for relief from
the strict dimensional standards for individual lots in order to encourage innovation in design and layout
and efficient use of land consistent with the Comprehensive Plan. The current PUD regulations include
specific objectives for Planned Unit Developments as a whole, and specific objectives for each PUD type.
15.C.07B General PUD Description, Purpose, and Characteristics.
A. General PUD is a type of planned development that allows for relief from the strict
dimensional standards for individual lots in order to encourage innovation in design and layout
and efficient use of land consistent with the Comprehensive Plan. Defining characteristics of a
General PUD include well-planned, -sited, and -designed development projects that:
• Conform to the goals in the City of South Burlington Comprehensive Plan and South
Burlington City Council’s Resolution on Climate Change dated August 7, 2017.
• Support and enable affordable housing development.
• Contribute to the City’s economic vitality, in response to changing markets and consumer
demand, by providing needed housing, goods, services, and employment opportunities.
• Redevelop underperforming properties and commercial strips (retrofits), contaminated
sites (brownfields), and large expanses of parking (gray fields) into more compact forms of
walkable, pedestrian-oriented, mixed-use development.
• Extend or re-establish existing street, sidewalk, and recreation path connections.
• Incorporate a density of development that supports walkable residential, mixed use, and
transit-oriented development, compatible in design with the surrounding area.
• Improve the physical appearance, walkability, and amount of civic and green space within
existing residential neighborhoods, commercial centers, and commercial strip development.
• Introduce missing or complementary uses, facilities, services, amenities, or civic space
intended to serve the immediate and surrounding area.
• Foster context-sensitive transitions among and between neighborhoods, commercial areas,
mixed use areas, civic spaces, and natural resource areas.
Staff calls the Board’s attention to the objective of dense, walkable, residential and mixed use
development, and to the objective of redevelopment. In addition, 15.C.01 (applicable to all PUD
types) indicates that PUDs are expected to adhere to higher standards of design than subdivisions or
site plans.
The General PUD allows the DRB to reduce, modify, or waive dimensional standards otherwise
applicable to the site. The Regulations use the Development Context analysis as the foundation for the
Board’s authority to grant these modifications as follows.
15.C.07F General PUD Compatibility and Context Analysis
All General PUDs must provide an analysis of the development context of the area within ¼ mile of
the project in order to evaluate compatibility of the PUD with the surrounding area. The LDR defines
the development context as either what is around a property if it has been developed under
regulations adopted in the last decade, or under the current regulations if it has not yet been
redeveloped. If there is a single family neighborhood within the applicable area, the design is required
to be sensitive to the characteristics of that development as well.
This analysis is required to be a primary consideration in PUD project design, and is subject to DRB
review and approval. The analysis must include a map and narrative, and provide a description of
#SD-22-11
how the project is compatible with the existing and planned character of the surrounding area, the
infrastructure, and the development patterns. Staff considers the planned character of the area to
be strongly driven by the standards of the urban design overlay, and also by the recommended
bike/ped improvements in the Queen City Park Road corridor.
The applicant has provided an initial pass at the required context analysis. However there is no
analysis of how the proposed project is compatible with the context analysis or how the required
waiver better achieves the standards above based on the context analysis.
2. Staff recommends the Board discuss with the applicant how they will develop the project proposal
to take the character of the area into consideration.
15.C.07G. General PUD Dimensional Standards.
(2) In response to the existing or planned Development Context in the Planning Area, the
DRB may modify, reduce, or waive one or more applicable dimensional standards as necessary
to:
(a) Accommodate reductions in the available area associated with infill or
redevelopment, that result in insufficient acreage to meet applicable dimensional
standards; or
(b) Allow for more creative and efficient subdivision and site layout and design that
advances the purposes of the underlying zoning district and/or the goals of the
Comprehensive Plan, particularly in response to existing site limitations that cannot be
eliminated; or
(c) Ensure that the pattern and form of proposed development is compatible with
existing or planned Development Context in the Planning Area determined under 15.C.07(F)
and to Transition Zone standards in 15.C.04(E); or
(d) Allow for greater energy efficiency, use of alternative energy, green building design,
or otherwise furthering of the South Burlington City Council’s Resolution on Climate Change
dated August 7, 2017.
(3) Context shall be determined by the existing or planned Development Context in the
Planning Area under Section 15.C.07(F) and (G).
The authority above provides context for the Board’s authority to modify, reduce, or waiver the
applicable dimensional standards.
3. Staff recommends the Board ask the applicant to describe how, in response to the planned
Development Context in the Planning Area, the required modification better achieves the General
PUD objectives above.
15.C.07H Development Density
This project involves 1.43 acres. At an allowable density of 2,900 sf per unit, the parcel has a base density
of 21 units. The applicant is proposing 27. For every one inclusionary unit, the applicant may construct
one additional market rate unit beyond the base density. Since these are proposed to be rental units, two
inclusionary units are required, bringing the allowable total to 23 units.
4. Staff recommends the Board ask the applicant to describe whether they propose to obtain the
additional required density through transfer of development rights or through the addition of
inclusionary units beyond the required minimum. If the units are proposed to be obtained through the
additional of inclusionary units, the applicant will be required to demonstrate compliance with
18.01C(2) pertaining to the character, size, and integration of inclusionary units. If the units are
#SD-22-11
proposed to be obtained through the use of TDRs, that option would only be available if the Planning
Commission approves the draft amendments under consideration (public hearing August 8, 2022), the
Council warns a public hearing on said amendments, and the applicant’s Master Plan or preliminary
plat is received after this date.
15.C.07I General PUD Standards
Civic Spaces and Site Amenities
The applicant must provide civic spaces for the proposed residential and commercial buildings. Staff
estimates the applicant must provide at least 4,330 sf of civic spaces or site amenities. These spaces
should be of high quality and integrated into the design and be compatible with the existing or
planned Development Context.
5. Staff recommends the Board discuss with the applicant their proposal for the required civic spaces or
site amenities. As shown, the applicant has only provided for approximately 2,120 sf of civic spaces or
site amenities
Housing Mix
For developments creating more than four units, a mix of housing types differentiated by number of
bedrooms per unit is required. Demonstration of compliance with this criterion is required at the
preliminary plat stage of review.
B) URBAN DESIGN OVERLAY DISTRICT
A. Purpose. It is the purpose of the Urban Design Overlay District to recognize the impact of simple
design principles and to reflect a design aesthetic that fosters accessibility and creates civic pride
in the City’s most traveled areas and gateways, while furthering the stated goals of the City’s
Comprehensive Plan. The Urban Design Overlay District aids in fulfilling the City’s vision to enable
infill and conversion development, encourage pedestrian movement, serve local and regional
shopping and employment needs, and make use of existing public transportation. The City intends
for the applicable areas to provide safe and inviting access to adjacent neighborhoods.
Staff includes this purpose statement as context for the character analysis discussed above.
The location of the UDO is along Shelburne Road, and includes primary and secondary nodes. The
majority of the involved lands is located within a secondary node. In the below screen shot, the orange
corridor is the UDO, the light blue dot is the secondary node, and the blue square approximates the
subject properties.
#SD-22-11
Applicable standards include the following.
• Buildings must have a street-facing principal entrance with a direct connection to the street.
The provided drawing indicates a street-facing principal entrance for the corner building but not
the other buildings.
• 60% of the width of the building facing the street must consist of glazing.
• Buildings must have the appearance of at least two stories. The provided elevations for the
Shelburne Road building do not have the appearance of two stories.
• There must be a significant architectural feature at the corner of the corner building. The
provided elevations for the Shelburne Road building do not have a significant architectural
feature at the corner.
• Front setbacks are 20-ft. The applicant has shown a setback of 10-ft for the corner building,
approximately 15-ft for the second building on Shelburne Road and approximately 20-ft for the
building on Swift Street.
6. Staff recommends the Board discuss with the applicant how they will modify their plans to meet the
required standards. As discussed above, conformity with the planned character of the area is a
required element of PUD review. The residential building is proposed to be three stories.
C) SITE PLAN REVIEW
14.06 General Review Standards
General site plan review standards pertain to relationship of proposed structures to the site,
relationship of structures and site to the adjoining area, and site amenities. Staff considers the general
PUD requirements to largely overlap the general site plan review standards and that additional
discussion by the Board beyond that which is included above is not needed at this time.
14.07 Specific Review Standards
Specific site plan review standards pertain to environmental protection, site design features, access and
circulation, building form, streetscape, access to abutting properties, utility services, and disposal of
waste.
13.02F requires cross-lot connections between all commercial lots: “All commercial lots located
adjacent to other commercial lots must provide a driveway connection to any adjacent commercial
#SD-22-11
lot.” The existing properties are connected to the adjoining commercial lot to the south as required,
and are separated from the adjoining commercial lot to the east by a narrow (and level) grass strip.
7. The applicant has proposed to remove the existing connection to the south and is not proposing a
connection to the east. It does appear the applicant has provided a pedestrian walkway to the
adjoining property to the south that does not actually connect. Staff recommends the Board direct
the applicant to provide connections to adjacent lots as required by the LDR. Such a connection should
be designed to facilitate users of multiple properties to travel between properties and not be an
attractive cut-through for users of the main roadway.
The applicant is proposing a remote ATM on the property. In conversations with Staff, the applicant has
considered a handful of different possible configurations for where to place the ATM in a manner that is
convenient but does not obstruct use of the property. Staff recommends the Board invite the applicant
to discuss the subject.
The project is located in the traffic overlay district zone 1 and is limited to 15 trips per acre, or the
previously approved trip generation as long as the proposed project does not exceed the trips generated
by the previous approval. The applicant has submitted an initial analysis of trip generation concluding
the number of trips will be reduced from the previous approval. Staff does not have any immediate
concerns with the existing trip analysis and acknowledges that the proposed trip analysis will evolve as
the project design is refined, therefore recommends the Board review the traffic generation estimates
at the preliminary plat stage of review.
RECOMMENDATION
Staff recommends the Board discuss the project with the applicant and conclude the meeting.
Respectfully submitted,
Marla Keene, Development Review Planner