HomeMy WebLinkAboutSP-22-060 - Decision - 0224 0268 Market Street
THE SNYDER-BRAVERMAN DEVELOPMENT CO., LLC — 224, 268 MARKET STREET, 339 GARDEN ST
SITE PLAN APPLICATION #SP-22-060
FINDINGS OF FACT AND DECISION
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SP-22-060
Findings of Fact and Decision
Site plan application #SP-22-060 of the Snyder-Braverman Development Co, LLC to construct a mixed-
use building with 11,322 sf of non-residential use and 73 residential units, a mixed-use building with
11,353 sf of non-residential use and 62 residential units, and a 26-unit multifamily building, 224, 268
Market Street, 339 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 construct a
mixed-use building with 11,322 sf of non-residential use and 73 residential units, a mixed-use
building with 11,353 sf of non-residential use and 62 residential units, and a 26-unit multifamily
building, 224, 268 Market Street, 339 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 December 12, 2022.
5. The submitted materials consists of the following plans and supplemental information.
Submission Prepared by Last Revision Date
Site Plan Application Andrew Rowe 11/14/2022
Application Narrative Unknown 11/07/2022
Open Space Narrative &
Agreement
Unknown 12/09/2022
Open Space Exhibit Lamoureux & Dickinson 12/09/2022
Stormwater Narrative 11/07/2022
Abutters List 11/07/2022
Comment Response Letter City of South Burlington /
Snyder Braverman
01/27/2023
Build-to Zone Exhibit The Snyder Group, Inc. 12/09/2022
Construction Phasing Plan TJ Boyle Associates 01/11/2023
Inclusionary Zoning Summary City of South Burlington /
Snyder Braverman
11/23/2022
Landscape Budget T.J. Boyle Associates, LLC 1/11/2023
Landscape Island Areas Exhibit Unknown 11/22/2022
Trip Generation Estimate Andrew Rowe 11/07/2022
Solar Readiness Letter Jutras Architecture 11/23/2022
Easement Deed South Burlington City Center,
LLC
01/23/2023
HydroCAD Model Output The Snyder Group, Inc. 12/05/2022
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Findings of Fact and Decision
Construction General Permit
7736-9020.6
Vermont Department of
Environmental Conservation
10/21/2022
Stormwater Discharge Permit
7736-INDS.A
Vermont Department of
Environmental Conservation
02/13/2018
Certificate of Service Andrew Rowe 01/04/2023
Public Information Meeting
Minutes
Andrew Rowe 01/02/2023
268 Market St T4 BES –
Secondary Façade
Unknown 11/29/2022
339 Garden St T4 BES –
Primary Façade
Unknown 11/29/2022
224 & 268 Market St T5 BES –
Primary Façade
Unknown 11/29/2022
224 Market St BES –
Secondary Façade
Unknown 11/29/2022
268 Market St BES –
Secondary Facade
Unknown 11/29/2022
Three Preliminary Wastewater
Allocations – 224 Market, 268
Market, 339 Garden
City of South Burlington 12/15/2022
A00 Architectural Rendering Jutras Architecture 11/14/2022
A0 Architectural Rendering Jutras Architecture 11/14/2022
A01 & A02 268 Market
Elevations
Jutras Architecture 12/22/2022
A03 268 Market Primary
Façade
Jutras Architecture 12/22/2022
A04 268 Market Secondary
Façade
Jutras Architecture 11/14/2022
A05 268 Market Entrances Jutras Architecture 12/22/2022
A06 – A10 268 Market Floor
Plans
Jutras Architecture 12/22/2022
268 Market Solar Zone and
Rooftop Visibility
Jutras Architecture 11/30/2022
A11 & A12 224 Market
Elevations
Jutras Architecture 12/22/2022
A13 224 Market Primary
Façade
Jutras Architecture 12/22/2022
A14 224 Market Entrances Jutras Architecture 12/22/2022
A15 224 Market Secondary
Façade
Jutras Architecture 11/14/2022
A16 – A20 224 Market Floor
Plans
Jutras Architecture 12/22/2022
A21 Window Jamb Jutras Architecture 11/14/2022
224 Market Solar Zone &
Rooftop Visibility
Jutras Architecture 11/30/2022
A22 Market Street Elevation Jutras Architecture 11/14/2022
A23 Garden Street Elevation Jutras Architecture 11/22/2022
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Findings of Fact and Decision
A24 & A25 339 Garden St
Elevations
Jutras Architecture 12/22/2022
A26 339 Garden St Primary
Façade
Jutras Architecture 12/22/2022
A27 339 Garden St Entrances Jutras Architecture 12/22/2022
A28 – A31 339 Garden Floor
Plans
Jutras Architecture 11/22/2022
339 Garden Solar Zone &
Rooftop Visibility
Jutras Architecture 11/30/2022
A1.0 Trash Structure The Snyder Group, Inc. 11/21/2022
A47 Roof Screen Jutras Architecture 12/23/2022
Bike Rack (Wall Mounted)
detail
Thepark catalog Undated
Sheet 1 Overall Site Plan The Snyder Group, Inc. 1/9/2023
Sheet 2 Existing Conditions
Plan
The Snyder Group, Inc. 12/9/2022
Sheet 3 Grading Plan The Snyder Group, Inc. 1/9/2023
Sheet 4 Utility and Layout Plan The Snyder Group, Inc. 1/9/2023
Sheet 5 EPSC Plan The Snyder Group, Inc. 1/23/2023
Sheet 6 Lighting Plan The Snyder Group, Inc. 1/23/2023
Sheet 7 – 10 Details The Snyder Group, Inc. 1/23/2023
Sheet 11 Pavement Marking &
Sign Plan
The Snyder Group, Inc. 12/27/2022
Sheet D2 Stormwater Details VHB 12/05/2022
Sheet SW4 Maintenance Plan VHB 1/8/2017
L1.0 Hardscape Plan T.J. Boyle Associates, LLC 1/11/2023
L1.1 Planting Plan T.J. Boyle Associates, LLC 1/24/2023
L2.0 Hardscape Details T.J. Boyle Associates, LLC 1/11/2023
L2.1 Planting Details T.J. Boyle Associates, LLC 12/15/2022
Rain Garden Plan T.J. Boyle Associates, LLC 1/11/2023
Residential Amenity T.J. Boyle Associates, LLC 1/11/2023
Parking Lot Shade Trees T.J. Boyle Associates, LLC 1/11/2023
6. Process Elements:
a. The applicant provided a certificate of service indicating that notice to abutting property
owners was provided on December 12, 2023.
b. The applicant held a neighborhood meeting on December 21, 2022 at 6:00 pm at 180
Market Street in the Digital Lab. No members of the public attended. The applicant
provided a set of summary notes.
c. The Administrative Officer deemed the application complete on December 12, 2022. The
applicant submitted final modifications to the application package on January 27, 2023.
7. For the purposes of this decision, the three buildings are referred to as follows:
a. 268 Market Street – “Building B1,” consisting of 73 units and 11,322 sf non-residential space
and located on the southern corner of the lot
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Findings of Fact and Decision
b. 224 Market Street – “Building B2,” consisting of 62 units and 11,353 sf non-residential space
and located on the western side of the lot
c. 339 Garden Street – “Building B3,” consisting of 26 residential units and located on the
eastern 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: 224 Market Street + area indicated on phasing plan as associated with 224 Market
Street [pink phase]
b. Phase 2: Phase 1 + 268 Market Street + area indicated on phasing plan as associated with 268
Market St [blue phase]
c. Phase 3: Phase 2 + 339 Garden Street + area indicated on phasing plan as associated with 339
Garden Street [green phase]
9. 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.
The primary build-to-zone within the T5 is 0 – 12 ft, while the secondary build-to-zone is 0 – 24 ft. The
primary build-to-zone within the T4 is 0 – 12 ft, while the secondary build-to-zone is 0 – 24 ft.
For 224 Market Street, the primary façade is Market Street and the secondary façade is the school and
library driveway (a planned public street). 224 Market Street is located predominantly within the
primarily build-to-zone.
For 268 Market Street, the primary façade is Market Street and the secondary façade is Garden Street.
268 Market Street is located predominantly within the primary build-to-zone.
For 339 Garden Street, the primary façade is Garden Street. There is no secondary façade. 339 Garden
Street is located predominantly within the primary build-to-zone.
C. Special Requirements, Prohibitions & Exceptions. Not applicable.
Section 8.04 Blocks, Streets, and Alleys
A. General Standards
(1) Purpose…
(2) Construction of streets
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(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 SP-18-18. The applicant is proposing a cross section consistent with
that approved in SP-18-18. The conditions of that approval require certain portions of the roadway
to be complete prior to issuance of the certificate of occupancy for the first building on the street
segment; see discussion under 14.07F below.
The school/library entry street was approved in SD-19-18 and fully constructed in connection with
SP-19-37; see discussion under 14.07F below.
(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 design of the public street was approved in SP-18-18. The Administrative Officer finds this
criterion not applicable.
(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:
(a) – (e) Not applicable
C. Primary and Secondary Streets.
For 224 and 268 Market Street, Market Street is the primary street. The school/library driveway is the
secondary street for 224 Market Street. Garden Street is the secondary street for 268 Market Street.
Garden Street is the primary street for 339 Garden Street.
D. Primary and Secondary Building Façade determination.
For 224 Market Street, the primary façade is Market Street and the secondary façade is the school and
library driveway (a planned public street).
For 268 Market Street, the primary façade is Market Street and the secondary façade is Garden Street.
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For 339 Garden Street, the primary façade is Garden Street. There is no secondary façade.
E. Corner Radii; Clear zones.
The proposed site plan includes an existing light pole located within the required clear zone at the
Garden Street driveway entrance. The applicant is proposing to relocate this light pole to meet clear
zone requirements. The administrative officer finds this criterion met.
F. Alleys.
No alleys are proposed. The project is proposing a secondary emergency access off the school/library
entry street. This access is approved for emergency access only and is proposed to be signed as such.
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 for all three buildings from Garden Street.
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.
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 five feet high and is proposed to be screened. The elevator tower is proposed
to be four feet high and is proposed to be screened by parapet walls. The Administrative Officer finds
this criterion met.
(2) Flat Roof Designs.
The building is 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.
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(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 purpose of the corner parapets
is to add architectural interest to the building as required under (2) above and they therefore are not
considered rooftop uses or structures.
(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 commercial space must be operated in a
manner consistent with the definition of public entrance.
Section 8.07 Prohibited Materials
No prohibited materials have been proposed.
Section 8.08 Open Space Requirements
Minimum Open Space is calculated as follows:
Required Amount:
339 Garden 26 units x 60 sf/unit = 1,560 sf
224 Market Non-residential 11,353 sf x 5% + 62 units x 60 sf/unit = 4,288 sf
268 Market Non-residential 11,322 sf x 5% + 73 units x 60 sf/unit = 4,946 sf
Total = 10,794 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 Property Open Space.
The applicant has proposed to provide 50% of their required open space, or 5,397 sf, in the Large Property
Open Space approved in MS-19-06. 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.
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Findings of Fact and Decision
The applicant has demonstrated that the building is located within ¼ mile walking distance of the
designated open space, as measured from the nearest corner of the building to the entrance to the
open space via a pedestrian connection.
The applicant proposes to provide the remaining 5,397 sf of open space on site.
Type:
The applicant has proposed 3,500 sf rain garden, 2,375 sf pocket plaza, 1,160 sf garden and 1,190 sf
snippet/parklet. This is equivalent to 8,225 sf of open space.
Rain Garden: The rain garden has adjacent seating. The administrative officer finds seating is proportionate
with the size of the garden and number of users, and enhances the rain garden.
Pocket Plaza: The pocket plaza complies with the requirements of Article 11B. The Administrative Officer
finds the applicant shall provide seating as shown on the plan in the northern half of the space prior to
occupancy of 224 Market Street. Seating in the southern half may be provided when the commercial spaces
are occupied.
Garden Space: The Administrative Officer finds garden space complies with the requirements of Article 11B
as laid out.
Parklet: This space must be directly adjacent to the public right of way or an operable building entrance. It
is directly adjacent to a building entrance. Seating must be the main focus of the space. Seating is provided,
and is integrated into the space. Seating is also provided near the proposed play tunnel. Other requirements
are met.
Phasing: The first phase, 224 Market Street, requires 4,228 sf of open space. With the rain garden, garden
space, and off-site open space, the required open space is provided, and more than 50% is provided on site.
The second phase, 224 and 268 Market Street, requires 9,234 sf of open space. With the addition of the
pocket plaza and parklet, the required open space is provided, and more than 50% is provided on site. No
additional open spaces will be constructed as part of the third and final 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
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.
Non-residential spaces #106 on 224 Market Street and #115 in 268 Market Street, indicated on approved
plans A-17 and A-07 respectively as commercial tenant space, may not be leased for residential use, or
uses supporting a residential use, for a period of more than three (3) years, and the initial three year lease
may only be renewed in one-year increments thereafter. Other 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
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(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.
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 office 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 east to west through the site is achieved via a series of sidewalks and crosswalks through
the parking lot. A pedestrian walkway is provided mid-block between 224 and 268 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.
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.
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(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.
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.
(c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side
and back yard areas through context sensitive design.
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 was a Class III 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. Relevant provisions include the following which are
paraphrased from 15.A.15
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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 are proposed on one lot.
E(6) Design access points to include curb radii necessary to accommodate anticipated vehicle types and
speeds while also minimizing pedestrian crossing distances.
E(7) Provide for save access to abutting properties for motorists, cyclists, and pedestrians, including safe
sight distances, access separation distances, and accommodations for high-accident locations.
E(8) Align access points with existing intersections or curb cuts and consolidate existing access points or
curb cuts
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.
The project has three fronts, therefore shared access to adjacent properties is not feasible. The access
point is as previously approved in #SP-18-18. 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. Decision #SD-18-13 contains the following findings pertaining to construction of Garden
Street from the west curb to the west property line.
1. If Lot B is subdivided into 2 development lots with frontage on Garden Street, review of each
segment of the remaining portion of the approved cross section from the west curb to the
west property line along the Garden Street frontage of Lot B must be included in the Site
Plan approval for each subdivided lot with frontage on Garden Street. Construction of each
segment must be completed prior to issuance of the CO for the adjacent building.
a. If one of the lots subdivided from Lot B is developed, the remainder of the approved
cross section fronting on the undeveloped lot must be constructed within 2 years of
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CO issuance of the first lot unless there is a pending or approved site plan application
for the undeveloped lot. This is to prevent a “leftover” segment from lingering.
b. If Lot B is subdivided into more than 2 lots, this condition shall be reviewed to
determine which lot triggers the 2-year timeline. This would depend on the
distribution of the lots.
c. If Lot B is developed without being subdivided, the entire sidewalk along Garden
north of Market would be approved as part of the Lot B site plan approval and
required to be complete prior to CO approval for Lot B
The applicant has proposed development without subdivision. However, the applicant has proposed a
phased approval for Lot B. The Administrative Officer finds the applicant must complete construction of
the Garden Street south of the curb cut prior to issuance of a certificate of occupancy for 268 Market,
and that the segment north of the curb cut must be complete within two years of issuance of a
certificate of occupancy for 268 Market Street, or prior to issuance of a certificate of occupancy for 339
Garden Street, whichever comes first.
The school/library entry street was approved in SD-19-18 and SP-19-37 and fully constructed
commensurate with 180 Market Street. This application proposes to relocate the curb cut on the east
side of the street and make related streetscape modifications. The certificate of occupancy for 224
Market Street shall not be issued until the modifications to the school/library entry street shown on the
approved plans are complete. 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 fronts. The fourth side is adjacent to an elementary school. The applicant has
proposed a cross-lot easement to allow access from the school lot at such time as it is developed. The
Administrative Officer finds the applicant shall record the cross-lot 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
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.
There are three proposed dumpster locations. Two are structures, and the third is an enclosure. The
Administrative Officer finds this criterion to be met.
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Findings of Fact and Decision
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 Chief reviewed the plans on 1/13/2023 and offers the following comments.
Trees must be located at least 4-ft from edge of parking lot islands to not inhibit apparatus
access in the parking areas and at the corners of the buildings and access to the FDCs [Fire
Department Connections].
The applicant has revised the plans to address this comment.
(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.
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Findings of Fact and Decision
The applicant has included a bioretention area.
13.03 Bicycle Parking and Storage.
The short-term bicycle parking requirement is 21 spaces based on 161 units at one space per 10 units
and 22,675 sf commercial space at 1 space per 5,000 sf. The short term bicycle parking requirement is
met by providing fifteen inverted-U style bicycle racks divided between the front and rear of the three
buildings, for a total of 30 short term bicycle parking spaces.
The long-term bicycle parking requirement is 164 spaces based on 161 units at one space per unit and
22,675 sf of commercial space at 50% of the short term bicycle parking requirement. The applicant has
provided 140 parking spaces in the underground parking garages and 26 parking spaces on the first floor
of 339 Garden Street. The Administrative Officer finds the bicycle parking requirements to be met.
13.04 Landscaping, Screening & Street Trees
The City Arborist reviewed the provided landscaping plans on 11/29/2022. On 1/13/2023, the City
Arborist indicated their comments had been addressed.
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
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 72 surface parking spaces. The applicant has provided an exhibit that shows
interior parking lot landscaping. The plan includes two areas that are outside of the parking lot that
include plantings that the applicant has counted towards the required minimum interior parking lot
landscaping. The applicant has improved interior parking lot landscaping by visually and physically
connecting the rain garden to the interior parking lot islands, therefore the Administrative Officer
finds this criterion met on an overall basis.
(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)
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Findings of Fact and Decision
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.
72 surface parking spaces are proposed and 25 shade trees are proposed within the interior
around the perimeter of the parking area. The applicant has indicated that trees on the south of
the central parking aisles will consist of Armstrong maple trees.
(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.
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 six (7) rhododendron to meet the screening requirements of 13.04B(1). The
Administrative Officer has excluded the value 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
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.
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
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Findings of Fact and Decision
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 use abutting an institutional use. 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 a series of planting beds and paved areas between the building and the
street. The paved areas will be used to access the building, for bike parking, and for seating. The
Administrative Officer finds this criterion met. The Administrative Officer has excluded the value of the
features the applicant has indicated as “concrete seat walls” from the approved landscaping value, as
only some of these features can function as seating. See landscaping budget calculations under
13.04G(3) below.
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 224 Market Street to be $9,672,000,
the building cost of 268 Market Street to be $10,920,000, and the building cost of 339 Garden Street to
be $3,645,000. 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.
Total Building
Construction or
Improvement Cost
% of Total
Construction/
Improvement
Cost
Minimum
Required (Phase
1)
$9,672,000
Project cost
Minimum
Required (Phase
2)
$20,592,000
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% $91,720 $200,920 $237,870
Total: $104,220 $213,420 $249,870
The applicant has met the required minimum landscaping budget for each phase.
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Project Phase Minimum
Required
Landscaping
Proposed
Landscaping
Phase 1 $104,220 $125,367.25
Phase 2 $213,420 $214,428.50
Phase 3 $249,870 $267,096.50
Proposed values exclude concrete seat wall value. The Administrative Officer finds a portion of
concrete seat walls meet the purpose of landscaping in the LDR, while others are purely functional. The
applicant did not provide a breakdown of concrete seat wall value, and the standard is met without
considering them, therefore no effort was made to provide credit for the walls that could be applied as
landscape value credit.
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. The Lot is 47% in the T5 and 63% in the
T4. The Administrative Officer has applied that proportion and finds that 85% 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 $104,220 $125,367.25
Min 15% in trees, shrubs
and non-bulb perennial
vegetation
$15,633 min $31,127.25
Max 85% in other
amenities
$94,240 1
1. Includes the cost of planters and sculptural elements in the pocket plaza.
Phase 2 Required Value Proposed Expenditure, Total
On-Site Landscaping $213,420 $214,428.50
Min 15% in trees, shrubs
and non-bulb perennial
vegetation
$32,013 min $70,588.50
Max 85% in other
amenities
$143,8401
1. Includes the cost of play tunnel and engineered surface underneath play tunnel.
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Phase 3 Required Value Proposed Expenditure, Total
On-Site Landscaping $249,870 $267,096.50
Min 15% in trees, shrubs
and non-bulb perennial
vegetation
$37,480.50 min $123,256.50
Max 80% in other
amenities
$143,840
13.05 Stormwater Management
The City Stormwater section provided comments on the plans on November 30 and December 27, 2022,
and indicated their comments had been addressed on January 13, 2023.
This project is located in the Potash Brook watershed. This watershed is listed as stormwater impaired
by the State of Vermont Department of Environmental Conservation (DEC). Please note that Potash
Brook is now classified as a warm water stream.
As the project proposes to create more than one-half acre or more of impervious surface, the project is
subject to the requirements of section 13.05 of the LDRs.
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
(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 24-foot high pole mounted site lights, wall mounted lights at 9-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. The Administrative
Officer finds the applicant must submit an updated computation of trips at the time of the zoning permit
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for occupancy of each non-residential space. 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:
161 residential units [Land Use Code 221] = 63 VTEs
18,276 sf1 mixed non-residential uses [Land Use Code varies] = 113 VTEs
Total = 178 VTEs
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 the 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
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 Site Plan #SP-18-18 (Garden Street
from Market Street to the northern terminus) was $964,850. The applicant has received credit in the
amount of $62,940.49 for projects approved in #SP-18-18 and #SP-20-030 for the construction of the
segment of Garden Street approved in #SP-18-18.
Based on the construction cost identified in Site Plan #SP-18-18, the Administrative Officer recommends
that the City Council approve a credit against traffic impact fees, upon request of the property owners,
1 This number is based on a previous iteration of the proposed floor plan. The applicant has since revised the floor
plans to increase the non-residential square footage. Since this value is for the purpose of estimation only and
must be updated prior to occupancy of the non-residential spaces, the Administrative officer finds it acceptable for
the purposes of this decision.
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Findings of Fact and Decision
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 161 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 161 dwelling units consisting of 73 studio & one-bedroom
units and 88 two-bedroom units.
Inclusionary requirement:
o Minimum which must be inclusionary units: 161 x 15% = 24.15 (round to 24)
(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.
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Findings of Fact and Decision
(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.
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;
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Findings of Fact and Decision
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
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Findings of Fact and Decision
Primary Building
Façade
Requirements
Secondary Building
Façade
Requirements
Applicant Self-
Evaluation, 224
Market St
Criteria Satisfied,
224 Market St
Applicant Self-
Evaluation, 224
Market St
Criteria Satisfied,
224 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 Yes N/A Yes
(3)Floor-to-Floor Height
(a)First story 14'Yes 14'Yes
(b)Upper Stories 10.5'Yes 10.5'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.
(5)Frontage
(a)Frontage Buildout 85% Min.85% Min. (Note 1)86%Yes 86%Yes
(b)Percentage of Frontage Buildout within the Primary
Build-to-Zone
75% Min.50% Min.139' / 185' = 75%76%, Yes 100%Yes
(c )Percentage of Frontage Buildout within the
Secondary Build-to-Zone
0% Min., 25% Max.50% Max.25%24%, Yes 0%Yes
(6)Entrances
(a)Average frequency of Public Entrances, non-
residential first story use
30' Max.45' Max.(185' - 30' door
width) / 6 doors =
25.8'
21.7', Yes 41'-11"35', 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.39.2'Yes 59'-11"T5: 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 T4: 35' Yes.
(d)Maximum distance between Operable Entrances,
residential first story use
T5: N/A, T4: 46' Max.T5: N/A, T4: 72' Max.N/A 40' measured from
edge of door in T4
to edge of nearest
door in T5
(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
148.5' / 185' =
80.2%
Yes.68%Yes
(b)First Story, percent of glazing required to be
transparent
75% Min.75% Min.100%Yes 100%Yes
(c )Upper Stories 33.9%See Note 2 35%See Note 2
(8)Building Breaks (See note 3)
(a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80'info not provided 7 required, 8
provided
not provided 8 required, 9
provided
(b)Single Span of Horizontal Facade Without a Break Recommend every
24-48 feet; 60' Max.
Recommend every
24-48 feet; 60' Max.
info not provided
51 ft
not provided
37.2 ft
(9)Supplemental Building Standards
(a)Awnings, Stoops, Vestibules
224 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
None
N/A
Encouraged
Permitted
1 Max.
N/A
N/A N/A
N/A N/A
N/A
N/A N/A
N/A
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Primary Building
Façade
Requirements
Secondary Building
Façade Requirements
Applicant Self-
Evaluation, 224
Market St
Criteria Satisfied,
224 Market St
Applicant Self-
Evaluation, 224
Market St
Criteria Satisfied,
224 Market St
Primary Façade Primary Façade Secondary Façade Secondary Façade
(D) Block and Street Standards
(1)Blocks
(a)Perimeter
(b)Length
(2)Street and Connection types
(a)Destination Street N/A
(b)Support Street 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 none proposed Met
(b) On Garden Street existing curb cut in T-4Yes
(c)All other streets info not provided 1 proposed, met none proposed N/A
(E ) Parking Standards
(1)Parking Requirements
(a)Per Residential Unit 236 spaces/161 units=1.5Yes Yes
(2) Location & Screening
(a)Yes Yes
(b)info not provided Yes Yes
(c )N/A N/A N/A N/A
(d)see planting plan Yes see planting plan Yes
(e)Yes Yes
(f)Yes Yes
(g)Yes Yes
(3) Off-Site Parking
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)Yes Yes
(b)Yes Yes
(c )Yes Yes
(d)Proposed development shall comply with all requirement of Article 11 Yes Yes
(2)Streetscape requirements
(a)Benches N/A N/A
(b)Bicycle Parking N/A N/A
(c )Street Tree Spacing, on center N/A
Consistent with
approved street
section
Exempt (See LDR
8.04B(1))
N/A
N/AN/A
no subdivision
proposed
no street
construction
proposed
no subdivision
proposed
no street
construction
proposed
no street
construction
proposed
N/A
N/A
no street
construction
proposed
Exempt (See LDR
8.04B(1))
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.
224 Market St T5 BES Standard
400' Max.
25
#SP-22-060
Findings of Fact and Decision
Primary Building
Façade
Requirements
Secondary Building
Façade
Requirements
Applicant Self-
Evaluation, 224
Market St
Criteria Satisfied,
224 Market St
Applicant Self-
Evaluation, 224
Market St
Criteria Satisfied,
224 Market St
Primary Façade Primary Façade Secondary Façade Secondary Façade
Notes
(1)
N/A N/A
(2)Upper Story Glazing Shall comply with the following standards:
Yes Yes
Yes Yes
Yes Yes
Yes Yes
Yes Yes
(3)Building Break Standards also apply to any façade facing a Qualifying Open Space
3 required, 3
provided N/A
224 Market St T5 BES Standard
(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.
(e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners
(excluding bay windows and storefronts).
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.
(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.
(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.
(C) Building Standards
Secondary Building
Façade
Requirements
Applicant Self-
Evaluation, 339
Garden St
Criteria Satisfied,
339 Garden St
(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
(D) Block and Street Standards
(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:Required Applicant Criterion met?
Yes
Yes
Yes
Yes
224 Market Street T4 Standards Evaluation only where
dimensional and not relative to another site feature.
Otherwise T5 standards applied
224 Market St T4 BES Standard
(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
(e) Upper story windows/glazing (not doors) shall be no
closer than 30 inches to building corners (excluding bay
(b) 80% of glazing on upper stories shall be taller than
(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
26
#SP-22-060
Findings of Fact and Decision
Primary Building
Façade
Requirements
Secondary Building
Façade
Requirements
Applicant Self-
Evaluation, 268
Market St
Criteria Satisfied,
268 Market St
Applicant Self-
Evaluation, 268
Market St
Criteria Satisfied,
268 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 14-15'15', Yes 15'Yes
(b)Upper Stories 10.5'Yes 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.
(5)Frontage
(a)Frontage Buildout 85% Min.85% Min. (Note 1)86%Yes 86%Yes
(b)Percentage of Frontage Buildout within the Primary
Build-to-Zone
75% Min.50% Min.139' / 185'76%, Yes 100%Yes
(c )Percentage of Frontage Buildout within the
Secondary Build-to-Zone
0% Min., 25% Max.50% Max.25%24%, Yes 0%Yes
(6)Entrances
(a)Average frequency of Public Entrances, non-
residential first story use
30' Max.45' Max.(185' - 30' door
width) / 6 doors =
26.4', Yes 42'-6"38.33', Yes
(b)Maximum distance between Public Entrances, non-
residential first story use
40' Max.60' Max.39.8'39.2', Yes 59'-11"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 38.33', Yes
(d)Maximum distance between Operable Entrances,
residential first story use
T5: N/A, T4: 46' Max.T5: N/A, T4: 72' Max.N/A T4: 43.6' Yes
(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
148' / 185' = 80%Yes 73%Yes
(b)First Story, percent of glazing required to be
transparent
75% Min.75% Min.100%Yes 100%Yes
(c )Upper Stories 33%See Note 2 34%See Note 2
(8)Building Breaks (See note 3)
(a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80'not provided 7 required, 10
provided
not provided 9 required, 11
provided
(b)Single Span of Horizontal Facade Without a Break Recommend every
24-48 feet; 60' Max.
Recommend every
24-48 feet; 60' Max.
not provided
42', Yes
not provided
33.2', Yes
(9)Supplemental Building Standards
268 Market St T5 BES Standard
None N/A N/A
None N/A N/A
None N/A N/A
None N/A N/A
10' Min., 14' Max.
14' Min., 20' Max.
2 Min., 6 Max.
1 Max.
Permitted N/A N/A
See Note 2
N/A
N/A
27
#SP-22-060
Findings of Fact and Decision
Primary Building
Façade
Requirements
Secondary Building
Façade
Requirements
Applicant Self-
Evaluation, 268
Market St
Criteria Satisfied,
268 Market St
Applicant Self-
Evaluation, 268
Market St
Criteria Satisfied,
268 Market St
Primary Façade Primary Façade Secondary Façade Secondary Façade
(a)Awnings, Stoops, Vestibules
(D) Block and Street Standards
(1)Blocks
(a)Perimeter
(b)Length
(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 none proposed Yes none proposed N/A
(b) On Garden Street existing curb cut in T-4Yes existing curb cut in T-4>700', yes
(c)All other streets none proposed N/A none proposed N/A
(E ) Parking Standards
(1)Parking Requirements
(a)Per Residential Unit 236 spaces/161 units=1.5Yes 236 spaces/161 units=1.5Yes
(2) Location & Screening
(a)
Yes Yes
(b)not provided Yes not provided Yes
(c )N/A N/A N/A N/A
(d)
see planting plan Yes see planting plan Yes
(e)Yes Yes
(f)
Yes Yes
(g)Yes Yes
(3) Off-Site Parking
N/A N/A
N/A N/A
N/A N/A
(F) Supplemental District Standards
(1)Upper Story setbacks
(a)
N/A Yes N/A Yes
(b)
N/A N/A N/A N/A
(G) Streetscape Standards
(1)General Standards
(a)
Yes Yes
(b)
Yes Yes
(c )
Yes Yes
(d)Proposed development shall comply with all requirement of Article 11 Yes Yes
(2)Streetscape requirements
(a)Benches N/A N/A
(b)Bicycle Parking
N/A N/A
(c )
Street Tree Spacing, on center N/A
Complies with
more strict
standard of
8.04A(2)(a)(i)
268 Market St T5 BES Standard
Encouraged
Permitted, Qualifies as a Street
1,600' Max.
400' Max.
no subdivision
proposed
Exempt (See LDR
8.04B(1))
Exempt (See LDR
8.04B(1))
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
(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.
Parking shall only be permitted in compliance with applicable BES standards for Frontage
Buildout
no street
construction
proposed
no subdivision
proposed
no street
construction
proposed
no street
construction
proposed
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
no street
construction
proposed
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/A
N/A
N/A
Prohibited
28
#SP-22-060
Findings of Fact and Decision
Primary Building
Façade
Requirements
Secondary Building
Façade
Requirements
Applicant Self-
Evaluation, 268
Market St
Criteria Satisfied,
268 Market St
Applicant Self-
Evaluation, 268
Market St
Criteria Satisfied,
268 Market St
Primary Façade Primary Façade Secondary Façade Secondary Façade
Notes
(1)
N/A N/A
(2)Upper Story Glazing Shall comply with the following standards:
33%Yes 34%Yes
info not provided Yes Yes
Yes Yes
Yes Yes
Yes Yes
(3)Building Break Standards also apply to any façade facing a Qualifying Open Space N/A 3 required, 3 provided
268 Market St T5 BES Standard
(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 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 in the BES
shall be reduced by 50% on the street containing the secondary building facade.
(C) Building Standards
(7)
Glazing Secondary Building
Façade
Requirements
Applicant Self-
Evaluation, 268
Market St
Criteria Satisfied,
268 Market St
(a)First Story
20%54%Yes
(b)First Story, percent of glazing required to be
transparent 75%100%Yes
(c )Upper Stories See Note 2 See Note 2
Notes
(2)Upper Story Glazing Shall comply with the following standards:
Required Applicant Criterion met?
Yes
Yes
Yes
Yes
T4 Standards Evaluation only where dimensional and not
relative to another site feature. Otherwise T5 standards
applied
268 Market St T4 BES Standard
(e) Upper story windows/glazing (not doors) shall be no
closer than 30 inches to building corners (excluding bay
(b) 80% of glazing on upper stories shall be taller than
(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 (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
(a) Upper story glazing shall be a minimum of 30 percent
of the façade area below the roofline on the primary
29
#SP-22-060
Findings of Fact and Decision
Primary Building
Façade
Requirements
Secondary Building
Façade
Requirements
Applicant Self-
Evaluation, 339
Garden St
Criteria Satisfied,
339 Garden St
Primary Façade Primary 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
(b)Accessory N/A N/A
(3)Floor-to-Floor Height
(a)First story 10'-6"Yes
(b)Upper Stories 10'-6"Yes
(4)Build-to-Zone
(a)Primary Build-to-Zone (See note 3)0' Min., 12' Max.0' Min., 18' Max.9'
(b)Secondary Build-to-Zone (See note 3)0' Min., 24' Max.0'. Min., 36' Max.N/A
(5)Frontage
(a)Frontage Buildout , Primary Streets (See note 3)70% Min.70% Min. (Note 1)calculated as
composite for T4 &
T5
80% composite,
72% in T4, 97% in
T5
(b)Frontage Buildout , Secondary Streets (See note 3)70% Min. within 80'
of Primary Street,
50% Min. elsewhere
70% Min. within 80'
of Primary Street,
50% Min.
elsewhere (Note 1)
calculated as
composite for T4 &
T5
N/A
(b)Percentage of Frontage Buildout within the Primary
Build-to-Zone (See note 3)
75% Min.100% Max.info not provided 100%
(c )Percentage of Frontage Buildout within the
Secondary Build-to-Zone (See note 3)
0% Min., 25% Max.100% Max.0%0%
(6)Entrances
(a)Average frequency of Public Entrances, non-
residential first story use (See note 3)
36' Max.54' Max.N/A N/A
(b)Maximum distance between Public Entrances, non-
residential first story use (See note 3)
46' Max.72' Max.N/A N/A
(c )Average Frequency of Operable Entrances,
residential first story use (See note 3)
36' Max.54' Max.24'-7"24', Yes
(d)Maximum distance between Operable Entrances,
residential first story use (See note 3)
46' Max.72' Max.31'-5"Yes
(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
Min. 20% of the
Width of the
Building, and Min
7.5' in Height for
non-residential
and 6' in height
with min. head
height of 7.5' for
residential
53%Yes
(b)First Story, percent of glazing required to be
transparent
75% Min.75% Min.85%Yes
(c )Upper Stories
(d)Ground story residential privacy bottom of
windows are 3'
above FFE
Yes
(8)Building Breaks
(a)Building Horizontal Façade
Min. 3 every 80'Min. 3 every 80'
info not provided 5 required, 7
provided.
(b)Single Span of Horizontal Facade Without a Break 48' Max.48' Max.info not provided 23'
(9)Supplemental Building Standards
(a)Awnings, Stoops, Vestibules info not provided Yes
339 Garden St T4 BES Standard
None
None
None
Permitted
2 Min., 5 Max.
1 Max.
None
24' Max.
Encouraged
14' Max
See Note 2
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.
N/A
N/A
N/A
N/A
N/A
30
#SP-22-060
Findings of Fact and Decision
Primary Building
Façade
Requirements
Secondary Building
Façade
Requirements
Applicant Self-
Evaluation, 339
Garden St
Criteria Satisfied,
339 Garden St
Primary Façade Primary Façade
(D) Block and Street Standards
(1)Blocks
(a)Perimeter (See note 3)info not provided
(b)Length (See note 3)info not provided
(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 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 Existing curb cut >700', yes
(b)All other streets N/A N/A
(E ) Parking Standards
(1)Parking Requirements
(a)Per Residential Unit 1.5 Yes
(2) Location & Screening
(a)
N/A N/A
(b)info not provided 80', Yes
(c )N/A N/A
(d)screened by
building Yes
(e )not proposed N/A
(f)
Yes
(3) Off-Site Parking
N/A N/A
N/A N/A
339 Garden St T4 BES Standard
Permitted, Qualifies as a Street
2,800' Max.
300' Min., 700' Max.
Permitted, Qualifies as a Street
2 spaces Max.
(b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential
Prohibited
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
(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
Permitted, Qualifies as a Street
100' Min. distance between curb cuts
Permitted Connection, Not a Street
Permitted Connection, Not a Street
Permitted, Qualifies as a Street
Parking under structures is encouraged
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
Permitted, Qualifies as a Street
Permitted Connection, Not a Street
No street
proposed
Exempt (See LDR
8.04B(1))
N/A
N/A
31
#SP-22-060
Findings of Fact and Decision
Primary Building
Façade
Requirements
Secondary Building
Façade
Requirements
Applicant Self-
Evaluation, 339
Garden St
Criteria Satisfied,
339 Garden St
Primary Façade Primary Façade
(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 )
(2)
(a)
(b)
(c)
(d)
(e)Such building shall comply with all other provisions of these Regulations.
(3)
(a)
(b)
(4)
N/A
(5)
N/A
(G) Streetscape Standards
(1)General Standards
(a)
Yes
(b)
Yes
(c )
Yes
(d)Proposed development shall comply with all requirement of Article 11 Yes
(2)Streetscape requirements
(a)Benches N/A
(b)Bicycle Parking
N/A
(c )
Street Tree Spacing, on center
Consistent with
approved street
section
339 Garden St T4 BES Standard
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.
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.
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.
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.
No building located within one hundred and fifty feet (150') from the R4 or R7 District boundary
shall exceed four (4) stories in height.
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.
N/A
N/A
N/A
N/A
N/A
N/A
32
#SP-22-060
Findings of Fact and Decision
DECISION
Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application
#SP-22-060 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 plans shall be revised to show the changes below and shall require approval of the
Administrative Officer. A digital (PDF) copy of the approved revised plans shall be submitted to
the Administrative Officer prior to issuance of the zoning permit. Plan sheets shall be saved as
individual files named to include the plan sheet number and latest revision date.
a. update the sweeping language on the EPSC plan to say, “Sweeping paved area with a
mechanical or vacuum street sweeper to remove sediment as needed, or anytime
sediment is visible on Market or Garden Street”
b. add a note to the EPSC plan to clarify vehicle access to the site during construction:
“During construction no vehicles will exit/enter the property at any location other than
the entrance on Garden Street where a stabilized construction entrance is located”.
c. add a note to indicate that all EPSC measures will be maintained to ensure their
effectiveness.
4. 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.
5. 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.
6. Prior to issuance of a zoning permit, the applicant must receive final water and wastewater
allocation.
Primary Building
Façade
Requirements
Secondary Building
Façade
Requirements
Applicant Self-
Evaluation, 339
Garden St
Criteria Satisfied,
339 Garden St
Primary Façade Primary Façade
Notes
(1)
N/A N/A
(2)Upper Story Glazing Shall comply with the following standards:
not provided
not provided Yes
Yes
Yes
(e) A minimum of 85% of all required glazing shall be transparent 100%, Yes
(3)Standard 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.
339 Garden St T4 BES Standard
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Findings of Fact and Decision
7. Non-residential spaces #106 on 224 Market Street and #115 in 268 Market Street, indicated on
approved plans A-17 and A-07 respectively as commercial tenant space, may not be leased for
residential use, or uses supporting a residential use, for a period of more than three (3) years,
and the initial three year lease may only be renewed in one-year increments thereafter. Other
spaces identified on the floor plans as commercial tenant space may not be leased for
residential use, or uses supporting a residential use.
8. Occupancy of non-residential spaces shall require zoning permit approval, and associated
wastewater allocation and any applicable grease trap permits, prior to fit-out and occupancy.
9. The building will generate approximately hundred seventy eight (178) vehicle trip ends during
the P.M. peak hour. 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 shall record the cross-lot easement prior to issuance of the first zoning permit for
the property.
11. 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.
12. 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.
13. 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.
14. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use
or occupancy of any building.
15. The applicant must complete construction of the Garden Street south of the curb cut prior to
issuance of a certificate of occupancy for 268 Market. The segment north of the curb cut must be
complete within two years of issuance of a certificate of occupancy for 268 Market Street, or prior
to issuance of a certificate of occupancy for 339 Garden Street, whichever comes first. The
certificate of occupancy for 224 Market Street shall not be issued until the modifications to the
school/library driveway shown on the approved plans are complete.
16. 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.
17. The applicant shall provide seating as shown on the plan in the northern half of the space prior to
occupancy of 224 Market Street. Seating in the southern half may be provided when the
commercial spaces are occupied.
18. 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.
19. 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.
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Findings of Fact and Decision
20. On-site surface parking must be shared between all on-site uses.
21. Trees shall be located at minimum 4-ft from edge of parking lot islands to not inhibit apparatus
access in the parking areas and at the corners of the buildings and access to the FDCs.
22. All entrances to spaces labeled as commercial on the approved plans must be operated in a manner
consistent with the definition of public entrance.
23. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure.
24. 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.
25. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications must be underground.
26. All exterior lighting must be installed or shielded in such a manner as to conceal light sources
and reflector surfaces from view beyond the perimeter of the area to be illuminated.
27. Bicycle parking and clothes lockers must be installed in a manner meeting the minimum standards
of Section 13.14.
28. All new buildings are subject to the Vermont Commercial Building Energy Standards and Appendix
CA thereof pursuant to Section 3.15: Residential and Commercial Building Energy Standards of
the LDRs.
29. Any change to the approved plan will require approval by the Administrative Officer.
Signed on this _7_ day of February 2023 by
Marla Keene, Acting 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.