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HomeMy WebLinkAboutSP-22-039 - Supplemental - 0370 Shelburne Road (12) Hauke Building Supply 370 Shelburne Rd Apartments - Zoning Assessment Date: 8/15/22 This assessment is based on the Land Development Regulations, adopted by City Council February 7, 2022. The primary applicable components to this site are as follows: ARTICLE 3 GENERAL PROVISIONS Section 3.02 – Official Map, Overlay District Maps, and Other Maps Section 3.06 – Existing and Planned Rights-of-Way; Setbacks; and Buffers Section 3.07 – Height of Structures Section 3.09 – Multiple Structures and Uses Section 3.15 – Nonconformities Section 3.18 – Residential and Commercial Building Energy Standards ARTICLE 5 COMMERCIAL DISTRICTS Section 5.01 Commercial 1 – C1 Section 5.08 Supplemental Standards for Commercial Districts ARTICLE 13 SUPPLEMENTAL REGULATIONS Section 13.02 – Off-Street Parking and Loading Section 13.03 – Bicycle Parking & Storage Section 13.04 – Landscaping, Screening, and Street Trees Section 13.05 – Stormwater Management Section 13.07 – Exterior Lighting Section 3.02: OFFICIAL MAP, OVERLAY DISTRICT MAPS, and OTHER MAPS: COMMERCIAL (C1-R15) PROJECT SITE: Commercial (C1-R15) ADJACENT LOT, North: N/A (Burlington) ADJACENT LOT, East: Residential (R4) ADJACENT LOT, West (Across Shelburne Rd): N/A (Burlington) ADJACENT LOTS, South (across Proctor Ave): Commercial (C1-R15) and Residential (R4) Section 3.06: EXISTING and PLANNED RIGHTS-of-WAY; SETBACKS; and BUFFERS Item I: SETBACK AND BUFFER STRIP ADJACENT TO RESIDENTIAL DISTRICT BOUNDARIES (1) Setback to residential zoning district (R4): Any new, reconstructed, or expanded principal building located wholly or primarily in a non-residential zoning district shall retain a setback of not less than sixty-five (65) feet from all adjacent residential zoning districts, unless applicable lots are part of a Master Plan or Planned Unit Development. – This project does not propose any increases to the existing building footprint, but the existing footprint does not provide a 65 ft setback from adjacent residential property to the east. HAUKE – 370 SHELBURNE RD – ZONING ASSESSMENT 2 (2) Buffer Strip: A buffer strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback [noted above] shall be installed and landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not ordinarily be permitted within the fifteen (15) foot wide buffer area. – The existing conditions do not allow for a 15 foot buffer, but this project proposes dense plantings along the property line to provide as much screening as possible. (3) The Development Review Board may approve a modification of the width of the required setback and/or landscaped buffer. – This project will require DRB approval. Section 3.07: HEIGHT OF STRUCTURES Item A: GENERAL PROVISIONS: DIMENSIONAL STANDARDS, per TABLE C-2 (see Section 5.01 below) Item B: STORIES (a) No building shall be more than 1 story taller than the shortest building on an adjacent lot in the R4 district. However, for each 75’ of separation from said building in the R4, the proposed building may increase in height by 1 story, up to the allowable maximum height. - The proposed three-story building is 2 stories taller than the shortest building (single story) on an adjacent lot, as allowed by the 75’ of separation. (b) First story floor-to-floor height shall not exceed 20 feet. Upper stories shall not exceed 14 feet in floor- to-floor height. - The existing floor to floor heights meet the requirements. The proposed addition will also meet these requirements. Section 3.09: MULTIPLE STRUCTURES and USES Item A: GENERAL PROVISIONS There shall be only one principal building or structure on a lot and only one use per lot, except as otherwise provided in this Section. Item B: UMBRELLA APPROVAL for MULTIPLE USES The Administrative office or Development Review Board may approve teo (2) or more separate uses in a single principal building or structure in conjunction with a site plan, PUD or conditional use approval, provided all of the proposed uses are permitted or duly approved conditional uses in the underlying zoning district and all other applicable standards are met. – This project will require approval for both commercial and residential uses in one principal structure. Section 3.15: NONCONFORMITIES Item B: CONTINUANCE AND RESTRICTIONS (1) Any lawful structure or any lawful use of any structure or land existing at the time of the enactment of these regulations may be continued, although such structure or use does not conform with the provisions of these regulations, provided the conditions in this Section 3.15 are met. (2) n/a HAUKE – 370 SHELBURNE RD – ZONING ASSESSMENT 3 (3) A nonconforming structure that is devoted to a conforming use may be reconstructed, structurally altered, restored or repaired, in whole or in part, with the provision that the degree of nonconformance shall not be increased. (4) A nonconforming structure, or part thereof, shall be maintained, repaired, or restored to a safe condition as required by the Administrative Officer. (5) A nonconforming structure shall not have its degree of nonconformance increased. The existing structure does not conform to the required setback at the adjacent Residential (R4) boundary. This project proposes to reconstruct/alter a portion of the existing building and add a third floor. The existing nonconformity will not be increased. Item D: ALTERATIONS TO NONCONFORMING STRUCTURES (1) … any nonconforming structure may be altered, including additions to the structure, provided such alteration does not exceed in aggregate cost… twenty-five percent (25%) for industrial and commercial property of the current assessed value as determined by the City Assessor… (2) In the event an addition or an expansion to a nonconforming structure is proposed, the addition or expansion itself must conform with the provisions of these regulations (e.g., dimensional requirements such as setbacks, coverage, etc.). Item E: ALTERATIONS TO FACADES AND EXTERIOR FINISHES ON NONCONFORMING STRUCTURES Alterations to facades and exterior finishes shall not be subject to the twenty-five percent (25%)… limitations described above. The proposed addition complies with these regulations. Section 3.18: RESIDENTIAL and COMMERCIAL BUILDING ENERGY STANDARDS Item B: RESIDENTIAL BUILDING ENERGY STANDARS (RBES) Residential buildings… shall comply with the Stretch Code… Such buildings for which the RBES Certificate certifying compliance with the Stretch Code is not recorded in the South Burlington Land Records shall be deemed land development without a zoning permit in violation of these Regulations. The proposed building will meet the Stretch Code requirement of the 2020 RBES. Section 5.01: COMMERCIAL DISTRICTS TABLE C-2 DIMENSIONAL STANDARDS LAND USE: Multi-Family dwelling, among others. MINIMUM LOT SIZE (max. residential density in dwelling units per acre): 2,900 SF/unit MAXIMUM SITE COVERAGE: Buildings only – 40%; Buildings, parking and all other impervious surfaces – 70% STANDARD SETBACKS (feet): Front – 30; Side Yard(s) – 10; Rear – 30 MAXIMUM BUILDING HEIGHT: 5 total stories (superseded by Section 3.07 Item B(a) above) HAUKE – 370 SHELBURNE RD – ZONING ASSESSMENT 4 Section 5.08: SUPPLEMENTAL STANDARDS FOR ALL COMMERCIAL DISTRICTS – these don’t seem to be included in the newest version of the regulations, unsure if they still apply. Item A: Development according to commercial district regulations and multifamily development at the residential density specified for the applicable district shall be subject to site plan review, as set forth in Article 14, the purpose of which shall be to encourage innovation of design and layout, encourage more efficient use of land for commercial development, promote mixed-use development and shared parking opportunities, reduce stormwater runoff and maximize infiltration, provide coordinated access to and from commercial developments via public roadways, and maintain service levels on public roadways with a minimum of publicly financed roadway improvements. Item B: Multiple structures, multiple uses within structures, and multiple uses on a subject site may be allowed, if the Development Review Board determines that the subject site has sufficient frontage, lot size, and lot depth. Area requirements and frontage needs may be met by the consolidation of contiguous lots under separate ownership. Construction of a new public street may serve as the minimum frontage needs. Where multiple structures are proposed, maximum lot coverage shall be the normal maximum for the applicable district. Item D: COMMERCIAL PROPERTIES Commercial properties that abut residential districts shall provide a screen or buffer along the abutting line in accordance with Section 3.06(I) of these Regulations [see above]. Section 13.02: OFF STREET PARKING and LOADING TABLE 13-1 PARKING REQUIREMENTS Multi-Family Dwelling (2+ bedroom units): 1.5 spaces per DU plus 0.75 space for every 4 units for all other DUs. This project has (4) two-bedroom units, and (2) 1-bedroom units. 7 Parking spaces required. Existing commercial parking lot will serve the apartment units. One ADA parking space will be provided within the project area. The existing curb cut off Proctor Ave will remain unchanged. TABLE 13-2 PARKING LOT DIMENSIONS – n/a The existing driveway will be reserved for (1) ADA parking space, and will be sized per the ADA guidelines. Section 13.03: BICYCLE PARKING and STORAGE TABLE 13-3 BICYCLE PARKING REQUIREMENTS Residential building with more than 3 units = 1 short term space for every 10 units, minimum 4; 1 long term space for every unit The project will provide 4 short term bicycle parking spaces, and 1 long term storage space per unit (6 apartment units). Short term bicycle parking provided must be one of the styles accepted in Appendix G (below). HAUKE – 370 SHELBURNE RD – ZONING ASSESSMENT 5 APPENDIX G Acceptable Types: Inverted U, Post & Ring, Bike Lockers, Vertical, Two-Tier Not Acceptable: Wave, Schoolyard, Coathanger, Wheelwell, Bollard, Spiral, Swing Arm Secured Item B: SHORT TERM BICYCLE PARKING Where pre-approved bicycle racks exist on the site at the time of application, they may be permitted to remain and count towards the minimum requirements of this Section provided: - Securely anchored to the ground and on a hard, stabilized surface of at least six feet in length and a width sufficient to satisfy the remainder of these regulations - Easily accessible from the street or multi-use path and protected from motor vehicles - The bike frame can be attached in at least one place and the bike is supported to stay upright - The rack is not constructed of wood - Each space on a rack where a bicycle frame can be attached in at least one place and supported to stay upright shall be considered a bicycle parking space - If parking is on the end or outside of a rack, the parking space must be clear of obstructions in compliance with Appendix G (above) and not obstruct passageways The existing ‘Wave’ style short term bike racks are sufficient in number but will need to be replaced to comply with Appendix G. Otherwise, additional short term bicycle parking to be provided within the project area. Item C: LONG TERM BICYCLE STORAGE Any new residential building with more than 3 units is required to provide bicycle storage. - Secure storage in bicycle locker, bicycle storage room, or private enclosure outside of the private residence that protects entire bicycle, including components and accessories against theft and weather. - Garages which are private to each unit may count towards parking requirements. The proposed building provides each unit with a secure, private tenant storage room. Section 13.04: LANDCAPING, SCREENING and STREET TREES Item A: PURPOSE Landscaping and screening shall be required for all uses subject to site plan and planned unit development review. Item B: LANDSCAPING of PARKING AREAS 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. Since the project area only contains one parking space, the assumption is that it falls under the one- or two- family designation, in terms of the intent. Item 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 HAUKE – 370 SHELBURNE RD – ZONING ASSESSMENT 6 buffered from each other… This project is on a Zoning District Boundary and requires a landscape buffer (see Section 3.06 above). (1) There shall be sufficient landscaping, walls, or fencing of sufficient height (minimum of three (3) feet) and opacity to effectively screen the parking or loading area year-round from adjacent [lot]. (2) Screening of a parking or loading shall be provided where headlights from vehicles on site may be visible and project parallel to a public street. (3) There shall be sufficient landscaping, walls, or fencing of sufficient height and opacity to effectively screen outdoor storage areas, refuse, recycling, and compost collection (excluding on-site composting) areas. (4) The landscaping shall be designed to minimize erosion and stormwater runoff, and to protect neighboring residential properties from the view of uses and parking areas on the site. The landscaping shall be of such type, height, and spacing, as in the judgment of the Development Review Board, will effectively screen the activities on the lot from the view of persons standing on adjoining properties. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot. Item D: FRONT YARDS OF MULTI-FAMILY USES …the required front yard and/or the frontage along designated arterial and collector streets… 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) [below]. Item E: SITE RESTORATION Grading or seeding shall be required to restore the condition of any portion of a site that is disturbed during construction. Item F: LANDSCAPING PLAN Landscaping plans shall be prepared by a landscape architect, master gardener, nursery professional, arborist, professional landscape designer, or other landscape professional. Item G: LANDSCAPING STANDARDS (1) The Development Review Board shall require compliance with any Tree Ordinance or Landscaping Design Standards enacted by the City of South Burlington, subsequent to the effective date of these regulations. (2) Overall, there shall be a mix of large canopy tree species within each landscaping plan. (3) Landscaping Budget Requirements. The Development Review Board shall require minimum planting costs for all site plans, as shown in Table 13-4 below… The costs below are cumulative. TABLE 13-4 Total Building Construction or Building Improvement Cost vs % of Total Construction/Improvement Cost $0 - $250,000 = 3% Next $250,000 = 2% Additional over $500,000 = 1% The proposed landscaping is estimated at $24,443. See the attached Landscaping_Cost Estimate.pdf, prepared by the Landscape Architect for the breakdown. HAUKE – 370 SHELBURNE RD – ZONING ASSESSMENT 7 Section 13.05: STORMWATER MANAGEMENT Item B: APPLICABILITY (1) These regulations will apply to all development within the City of South Burlington where one-half acre or more of impervious surface area exists or is proposed to exist on an applicant’s lot or parcel. (2) If the combination of new impervious surface area created and the redevelopment or substantial reconstruction of existing impervious surfaces is less than 5,000 SF then the application is exempt from requirements in this Section 13.05. This project reduces the impervious surface area, and the reconstruction of existing impervious surfaces is less than 5,000 SF (total outdoor disturbance is 1,700 SF). This project is exempt from this section. Water Design Demand: Two 1-bedroom units @ 140 gpd/unit = 280 gpd Four 2-bedroom units @ 280 gpd/unit – 1,120 gpd Total: 1,400 gpd Wastewater Design Demand: Two 1-bedroom units @ 140 gpd/unit = 280 gpd Four 2-bedroom units @ 210 gpd/unit = 840 gpd Total: 1,120 gpd Section 13.07: EXTERIOR LIGHTING All exterior lighting for all uses in all districts except for one-family and two-family uses shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or street. The proposed building will have ceiling mounted lights at entry canopies. End.