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HomeMy WebLinkAboutSD-21-18 - Decision - 0311 0303 0000 Market Street#SD-21-18 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SNYDER BRAVERMAN DEVELOPMENT CO, LLC – 311 MARKET STREET FINAL PLAT APPLICATION #SD-21-18 FINDINGS OF FACT AND DECISION Preliminary and final plat application #SD-21-18 of Snyder-Braverman Development Co., LLC to subdivide an existing 11.9 acre lot into four lots of 0.8 ac (Lot M4), 1.4 ac (Lot M5), 0.4 ac (Lot M6) and 9.4 ac (Lot L) for the purpose of constructing a project on lots M4, M5 and M6 which will be reviewed under separate site plan application, 311 Market Street. The Development Review Board held a public hearing on July 6, 2021. Ken Braverman, Tim McKenzie and Andy Rowe represented the applicant. Board member Stephanie Wyman was recused from this application and did not participate in the decision. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. Snyder-Braverman Development Co., LLC has submitted Preliminary and final plat application #SD-21-18 to subdivide an existing 11.9 acre lot into four lots of 0.8 ac (Lot M4), 1.4 ac (Lot M5), 0.4 ac (Lot M6) and 9.4 ac (Lot L) for the purpose of constructing a project on lots M4, M5 and M6 which will be reviewed under separate site plan application, 311 Market Street. 2. The owner of record of the subject property is South Burlington City Center, LLC. 3. The application was received on May 17, 2021. 4. The subject property is located in Form Based Code Transect Zone 4 Zoning District. 5. The sketch plan was reviewed by the Board on May 5, 2021. The subject property is located in the Form Based Code-Transect 4 Zoning District and the Transit Overlay District. 6. In 2018, the Board approved a conditional use application (#CU-18-01) for the proposed wetland impacts of the overall development. 7. The plans submitted consists of the following. Submitted plans directly superseded by a newer sheet are not listed. Plan Description Sheet No. Prepared By Last Revised Location Map - Lamoureux & Dickinson 04/23/2019 Subdivision Plat w/Future Development PL-1 Lamoureux & Dickinson 06/17/2021 Subdivision Plat PL-1 Lamoureux & Dickinson 06/17/2021 A) 15.18 CRITERIA FOR REVIEW OF PUDS, SUDVIDISIONS, TRANSECT ZONE SUBDIVISIONS AND MASTER PLANS #SD-21-18 2 The demonstration of a feasible development lot is a prerequisite for subdivision approval. Standards (1), (2), (10), and (11) pertain specifically to site design and are not applicable for review of this subdivision. (3) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. Access The applicant has modified the proposed lot boundaries from what was reviewed by the Board at the sketch plan level and what was originally submitted on May 17. The applicant provided the following justification for the change. Having a preliminary unit and bedroom count now for the building on Lot M5, it is apparent that additional parking will be needed for this building. For a variety of reasons, the parking for the building on Lot M5 needs to be on Lot M5, rather than subject to an easement or agreement on the adjacent lot. The applicant is proposing that lots M4, M5, and M6 be accessed via two curb cuts: via a previously approved shared access on Garden Street, and a proposed curb cut on Market Street. At sketch, the applicant stated that the curb cut on Market Street was necessary to support the development of all three lots. At sketch, the Board indicated they were accepting of the proposed curb cut configuration based on the indication that both the Garden Street and Market Street curb cuts would be shared by all the “M” lots. The Garden Street curb cut created a 55-foot wide shared access easement for vehicular access to proposed Lots M1, M2 and M3 as well as the newly proposed Lot M4. The easement does not appear to cover proposed lot M5 & M6. The Market Street curb cut is proposed to be located on Lot M5. There is no easement indicated for this access to be shared by Lots M4 and M6. Circulation The proposed lot configuration results in an oddly shaped lot which requires the users of Lots M4 and M6 to have the right to access Lot M5. In particular, the parking spaces conceptually considered for Lot M4 cannot be accessed without driving across the proposed irregularly shaped portion of Lot 5, nor can the rear of Lot M6 be accessed by delivery vehicles or trash pickup vehicles without driving across Lot M5. To address both access and circulation concerns, the Board finds Lots M4, M5, and M6 shall be subject to proposed easements for shared access over the constructed parking lot aisles and drives, connecting to both Garden Street and Market Street. The language of the easements shall be subject to review and approval by the City Attorney, and the easements shall be referenced on the recorded plat. Traffic Management The applicant provided the following preliminary estimate of trip generation for the conceptual design on lots M4, M5 and M6. #SD-21-18 3 Lot # Dwelling Units Land Use Category PM Peak Hour Trip Generation M4 51 Multifamily mid-rise 23 M5 57 Multifamily mid-rise 26 M6 20 Multifamily mid-rise 14 The Board finds that the number of generated trips will not result in unreasonable congestion of adjacent roads. Parking Within the form based code zoning district, parking is limited to 2 spaces per unit. The applicant is envisioning approximately 105 surface parking spaces plus additional subsurface parking for the estimated 128 residential units. In the event of residential development on any of these lots, the application for development on each lot shall demonstrate how parking needs will be met, and if necessary, a minor lot line adjustment application to establish parking easements shall be submitted prior to approval of application for development. (4) The project’s design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project’s impact on natural resources. The Board approved a conditional use application (#CU-18-01) for the proposed wetland impacts of the overall development. The applicant’s conceptual site configuration is consistent with the approved wetland impacts. (5) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. For Transect Zone subdivisions, this standard shall apply only to the location of lot lines, streets and street types, and natural resources identified in Article XII of these Regulations. Generally speaking, the Board finds that the proposed subdivision facilitates the dimensional standards required of development in the T4 zoning district. Specific observations pertaining to frontage buildout requirements are addressed below. (6) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. For Transect Zone subdivisions, this standard shall only apply to the location and type of roads, recreation paths, and sidewalks. There are several existing, proposed, and planned pedestrian easements in the area: • The applicant is proposing a 20-foot pedestrian path easement connecting the goose / stormwater park along Market Street to City Center Park and back to Lot M2 and Garden Street. The easement is proposed to connect to a 15’ easement at Lot M2 and west Marked as G and H on the subdivision plat. The Board finds the applicant shall modify their plans to refer to the easement as a multi-use path easement. • The applicant is showing an existing 15’ easement [marked as letter A on the subdivision plat) connecting Market Street to City Center Park. #SD-21-18 4 • The City Center Park conceptual site plan (Exhibit A) included in the City Council resolution and referred to by the applicant at sketch includes a pedestrian connection from San Remo Drive, across the property at 222 Dorset Street (the Healthy Living Property), and then to Lot K and the proposed pedestrian easement. Neither of these connections are shown on the proposed subdivision plat. The Board finds the applicant must modify their plat to include these easements. • The City Center Park conceptual site plan additionally shows a walkway and treehouse overlooking the Potash Brook. The Board finds that this subdivision shall not preclude the later subdivision or easement of the lands underlying the walkway and treehouse on the City Center Park conceptual site plan. (7) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. For Transect Zone subdivisions, this standard shall only apply to the location and type of roads, recreation paths, and sidewalks. The Board finds that this criterion is not applicable. (8) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The Project is located in the Central District. The objectives of the central district pertain to creation of a City Center with a strong identity and mix of uses, including residential and non- residential uses, open spaces areas, and centralized stormwater management features. Emphasis is given to promotion of interconnectivity which will result in minimizing parking demand. The Board finds this criterion met. (9) The project’s design incorporates strategies that minimize site disturbance and integrate structures, landscaping, natural hydrologic functions, and other techniques to generate less runoff from developed land and to infiltrate rainfall into underlying soils and groundwater as close as possible to where it hits the ground. For Transect Zone subdivisions, this standard shall apply only to the location of natural resources identified in Article XII of these Regulations. The impacts of development on the proposed sites, and the management of runoff therefrom, will be reviewed at the time of site plan application for each parcel. The Board approved a conditional use application (#CU-18-01) for the proposed wetland impacts for the overall development. The Board finds this criterion met. B) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS 8.04 Blocks, Streets and Alleys A. General Standards (2) Construction of Streets N/A (3) Perimeter and Length of Blocks. N/A (4) Frontage Buildout. Frontage buildout requirements for the applicable Transect Zone shall apply along all streets pursuant to the BES. #SD-21-18 5 Within the T4, frontage buildout is required to be 70% along primary and secondary facades. Of the conceptual buildings shown on Lots M4, M5 and M6, only the Market Street facing façade of Lot M6 does not meet the frontage buildout. The Board notes that for Lot M6, the east façade facing the public park will be considered a secondary façade and will be required to meet standards pertaining to the building, including entrance and glazing minimums. The applicant testified that for this lot with 94-ft of frontage, they anticipate no issues meeting the frontage buildout requirement because a typical building width is 66-feet. The Board finds the proposed subdivision supports compliance with this criterion. (5) Connectivity. This criterion pertains to connectivity between streets. The Board finds that this criterion is not applicable. (6) Build-to-Zones The applicant has demonstrated build-to-zone criteria can be met for this proposed subdivision. B. Location of blocks and streets. The subject property is exempt from block lengths and perimeter standards. C) ARTICLE 13 SUPPLEMENTAL REGULATIONS 13.06 Landscaping, Screening and Street Trees 13.14 Bicycle Parking & Storage 13.17 Fences 13.18 Utility Cabinets The applicant has provided a draft site plan for the purposes of showing how the development on Lots M4, M5 and M6 is proposed to be generally configured. The Board notes that the applicable standards of Article 13 will be reviewed as part of the site plan application for the Form Based Code district. DECISION Motion by Dan Albrecht, seconded by Elissa Eiring, to approve final plat application #SD-21-18 of Snyder Braverman Development Co. LLC, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plat must be revised to show the changes below and shall require approval of the Administrative Officer. One copy of the approved revised plat must be submitted to the Administrative Officer prior to recording the final plat plan. a. Provide the signature of the land surveyor. b. Lots M4, M5, and M6 shall be subject to proposed easements for shared access over the constructed parking lot aisles and drives, connecting to both Garden Street and Market #SD-21-18 6 Street. The language of the easements shall be subject to review and approval by the City Attorney, and the easements shall be referenced on the recorded plat. c. modify the description of easements G and H to be a multi-use path easement d. include the two easements necessary to create a pedestrian connection from San Remo Drive, across to the property at 222 Dorset Street (the Healthy Living property), and then to Lot K and the proposed pedestrian easement as shown on the City Center Park conceptual site plan (Exhibit A) included in City Council resolution R-2015-5 4. Any changes to the final plat plan will require approval of the South Burlington Development Review Board. 5. The final plat plan (Sheet PL-1) must be recorded in the land records within 180 days or this approval is null and void. The plats shall be signed by the Board Chair or Clerk prior to recording. 6. A digital PDF version of the approved final plat must be delivered to the Administrative Officer before recording the final plat plan. 7. A digital file consisting of an ArcGIS or AutoCAD formatted file of the proposed subdivision, including property lines, easements, and rights of way, either georeferenced or shown in relation to four easily identifiable fixed points such as manholes, utility poles or hydrants, must be provided to the Administrative Officer before recording the final plat plan. The format of the digital information shall require approval of the South Burlington GIS Coordinator. 8. The applicant shall demonstrate adequate parking, either on site or through provision of a shared parking option agreement with a nearby property, at the time of site plan application for Lot M6. 9. The application for development on each lot shall demonstrate how parking needs will be met, and if necessary, a minor lot line adjustment application to establish parking easements shall be submitted prior to approval of application for development. 10. This subdivision shall not preclude the later subdivision or easement of the lands underlying the walkway and treehouse on the City Center Park conceptual site plan. 11. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 12. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. Mark Behr Yea Nay Abstain Not Present Dan Albrecht Yea Nay Abstain Not Present Jim Langan Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Elissa Eiring Yea Nay Abstain Not Present Motion carries by a vote of 6 – 0 – 0. #SD-21-18 7 Signed this __ day of August 2021, by _____________________________________ Dan Albrecht, Vice Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-915-1740 or https://www.vermontjudiciary.org/environmental for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.