HomeMy WebLinkAboutSD-23-06 - Supplemental - 0000 Market Street (12) #SD-23-06
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CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SD-23-06_ 226 Market St_Lot N_SBCC LLC_SK_2023-05-
02.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: April 26, 2023
Plans received: March 29, 2023
225 Market Street, 267 Market Street and 113 Garden Street
Sketch Plan Application #SD-23-06
Meeting date: May 2, 2023
Owner
South Burlington City Center, LLC
P.O. Box 2204
South Burlington, VT 05407
Applicant
The Snyder-Braverman Development Company, LLC
4076 Shelburne Road, Suite 6
Shelburne, VT 05482
Property Information
Tax Parcel 0450-00000
Form Based Code Transect Zone 5, Transect Zone 4
5.86 acres
Engineer
Andy Rowe
Snyder Homes
4076 Shelburne Road, Suite 6
Shelburne, VT 05482
Location Map
PROJECT DESCRPTION
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Sketch plan application #SD-23-06 of The Snyder Braverman Development Company, LLC to subdivide an
existing 5.86 acre lot developed with a stormwater treatment pond into three lots of 3.71 acres (Lot N1),
1.79 acres (Lot N2), and 0.36 acres (Lot 3) for the purpose of developing three mixed use buildings
containing a total of 213 residential units and 27,000 sf non-residential space on Lot N1 and a future City
street on Lot N3, to be reviewed under separate administrative site plan application, 225 Market Street,
267 Market Street, and 113 Garden Street.
CONTEXT
The property is located on the south/west side of Market Street between Garden Street and a planned
City street connecting the Library/City Hall driveway through the Blue Mall property and to Dorset Street.
The applicant is concurrently seeking administrative site plan approval (#SP-23-011) for development of
the lots. The subject subdivision also involves the creation of easements necessary for utility and
pedestrian infrastructure.
COMMENTS
Development Review Planner Marla Keene and Planning and Zoning Director Paul Conner, hereafter
referred to as Staff, have reviewed the plans submitted by the applicant and have the following
comments. Numbered comments for the Board’s attention are in red.
APPLICABLE STANDARDS
The LDRs require demonstration that the land to be subdivided can be developed as intended and in
accordance with the LDR. See article 15.A.10, 15.A.11, and 15.A.16 of the LDR adopted December 5, 2022.
15.A.04 Classification
A. Subdivision Classes. For purposes of these Regulations, subdivisions of land shall be classified
as by the Administrative Officer as follows:
(1) A Minor Subdivision, to be reviewed under Section 15.A.07
(2) A Major Subdivision, to be reviewed under Sections 15.A.06 and 15.A.07
(3) A Transect Zone Subdivision, to be reviewed under Section 15.A.07 and Article 8, for any subdivision
of land within a designated Transect Zone.
The lands are within transect zones T4 and T5, therefore the proposed subdivision of land is a Transect
Zone Subdivision. Transect Zone Subdivisions are required to undergo sketch plan and final subdivision
review. Master Plan and Preliminary subdivision review are not required.
15.A.11 General Standards
A. Development Suitability. The applicant must demonstrate that the land to be subdivided is
physically suited for its intended use and the proposed density or intensity of development, and that the
proposed subdivision will not result in undue adverse impacts to public health and safety, environmental
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resources as identified and regulated under Article 12, neighboring properties and uses, or public
facilities and infrastructure located on or within the vicinity of the land to be subdivided.
The intended use of the Transect Zones can be inferred from the purpose of the Form Based Code zoning
district.
8.01A Purpose The City Center Form Based Code (FBC) District is a standalone zoning district
with boundaries established on the Official Zoning Map, and has specific rules and standards
set forth below which apply solely in the City Center Form Based Codes District. The FBC District
implements a form based zoning regulation applicable to the City Center (either the ”Code” or
the “FBC”) which encourages sustainable retail, commercial and mixed use development of
open land, redevelopment of existing mixed use land and preservation and improvement of
residential areas through pedestrian and bicycle connectivity.
The FBC District (this article) is designed to maintain and foster improvement to the FBC
District’s existing structures and encourage new development and infrastructure that
incorporates planned transportation corridors with walking and bicycling coincidental with the automobile. This District aims to preserve the existing residential fabric while stimulating new
mixed use growth that facilitates a safe and economically self-sustaining place to live and work.
Future development within the City Center FBC District and its Transect Zones shall be of a form
of built environment that creates and protects development patterns that are compact,
pedestrian oriented and mixed use. Available parking will be a mix of parallel and diagonal on-
street and screened off- street. Adequate space for walking, interconnectedness of
neighborhoods and convenient parking areas will characterize the district so that there will be
a mix of uses within walking distance of dwellings and parking.
Intensity of development is defined by the applicable Building Envelope Standards for each transect zone.
Excerpted relevant standards are below
Standard T4 T5
Building Stories 2 min, 5 max 2 min, 6 max
Primary Build-to-zone 0’ min, 12’ Max 0’ min, 6’ max
Frontage Buildout 70% min 85% min
Percentage of Frontage Buildout
within Primary Build-to-zone
75% min 75% min
Curb Cuts on Garden St 400’ min distance between curb
cuts
Prohibited
Staff has not identified any concerns with the proposed subdivision pertaining to public health and safety,
environmental standards, or impacts on neighboring properties at this sketch plan level of review.
Impacts to public infrastructure are discussed in greater detail herein.
C. Development Context. The applicant must demonstrate that the subdivision conforms to the
planned pattern of subdivision and development in the area, as defined by district purpose statements
and standards, or as specified for a type of Planned Unit Development (PUD) under Article 15.C. In
addition to meeting required zoning district, transect zone, or PUD standards:
(2) Multiple Districts. For the subdivision of land located in more than one zoning district, the
district regulations specific to that portion of the subdivision within each zoning district shall apply,
except as specified for a Planned Unit Development under Article 15.C.
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(a) Subdivision boundaries and lot lines must be located and configured to avoid creating
building lots that are split by zoning district boundaries except where the DRB finds such split
building lots unavoidable due to pre-existing lot and infrastructure layout.
The applicant has indicated on the Overall Site Plan (sheet 1) their belief that this criterion is met.
Two of the three proposed buildings are proposed to be split between zoning districts. The
applicant has successfully demonstrated that it is viable to split buildings between zoning districts
on approved site plan application SP-22-060 for development of Lot B on the opposite side of
Market Street.
(3) Compliance with Other Regulations. Subdivisions, including building lots, dwelling units,
and supporting facilities and infrastructure, must also be designed, configured, and constructed to
comply with other relevant standards under these Regulations and other city ordinances and
standards in effect at the time of application, including those listed below.
• Official Map, adopted under 24 V.S.A. § 4421
• Capital Improvement Program, adopted under 24 V.S.A. § 4430
• Department of Public Works Standards
• Fire Prevention and Safety Ordinance
• Water and Cross Connection Ordinances
• Sanitary Sewer and Stormwater Ordinance
• Impact Fee Ordinance
• E-911 Ordinance
Planning and Zoning Staff reviewed the project with the Community Development Director, the
Director of Public Works and the City Stormwater Superintendent.
Comments of the Community Development Director:
The plans need to show (and the applicant provide) a waterline easement – permanent (in
yellow) and temporary for construction (in green) – so that the Garden Street waterline may be
looped (connected to) the Dorset Street line.
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I would also note that in relation to proposed easement C, that 1) a temporary construction
easement and 2) a public recreation access easement across a) Garden Street and b) the Future
Public Street needs to be provided in addition to proposed easement C until such time as these
future streets are accepted by the City.
Comments of the City Stormwater Section:
Drainage easements should be 20’ wide centered on the pipe – the northern Easement B is only
15’
Comments of the Director of Public Works:
• There appears to be missing water easements (both permanent and temporary) to the City on
the southwest corner of the lot near/overlapping an area where the “B” and “C” easements are
labeled.
• Drainage easements are typically 20’ wide, centered on the pipe.
• With regards to Easement C, the rec path, it is possible that this path will be completed prior to
City acceptance of Garden Street. We will need a temporary access easement across Garden
Street so that the path can connect on the north/south side of Garden Street. At this same
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location, we will also need an easement so that users of this path can connect to the west, so
that the public can access the existing City ROW near Trader Joe’s, Healthy Living, etc.
• It may be some time before the city accepts the “Future Public Street”. Therefore, we will need a
temporary access easement on the “Future Public Street” so that the public can access parking
associated with City Hall that is currently on the Poon lot and the pedestrian easement (labeled
“C”) from Market Street. Also, so that users of a path can access Market Street.
• We may need an expanded easement area across the pond spillway proposed for lot N2. How
will the path cross the spillway? Construction of a bridge or other crossing may necessitate a
wider easement in this location.
The comments of the Director of Public Works overlap the comments of the Community Development
Director and of the City Stormwater Section.
1. Staff recommends the Board direct the applicant to incorporate the comments of the Community
Development Director, Director of Public Works, and Stormwater Section into the next submission for
this property.
15.A.16(C) Lots.
(1) The arrangement and configuration of lots must allow for the further subdivision of any remaining
developable land on the tract or parcel to be subdivided. Where proposed building lots exceed
minimum lot area requirements, the DRB may require that such lots be configured and developed
in a manner that allows for further subdivision and infill development.
(5) The arrangement and configuration of building lots within the subdivision must be consistent with
the intended use, street type, and the planned pattern of development for the Zoning District,
Transect Zone, or PUD type in which the subdivision is located, including the existing or planned
street and block network.
8.04 also includes provisions relevant to the shape of lots, as follows.
8.04 Blocks, Streets, and Alleys
A. Location of blocks and streets.
(2) Public Facilities on the Official Map
(a) Where applicable, the applicant shall construct such street in accordance with the
requirements of these Regulations;
The proposed subdivision is intended to be the final subdivision of the developable land. Should the
applicant later desire to subdivide the land so that each future building is on its own lot, Staff considers
a network of easements would be required to provide pedestrian, vehicular, stormwater, and site
amenity access.
The applicant must provide an irrevocable offer of dedication for the lot for the future Street as part
of the application for final subdivision. The design of the street is included in concurrent site plan
application #SP-23-011.
(8) Unless otherwise specified under these Regulations, building lots must have sufficient developable
area to accommodate proposed building types, associated yard or other required open space areas,
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site drainage, utilities, or other improvements required under these Regulations, including site plan
standards under Article 14.
The applicant has demonstrated on the Overall Site Plan (sheet 1) that required civic spaces can be
provided on the proposed development lot, Lot N1. Stormwater treatment is partially
accommodated on site and partially accommodated in the existing storm pond located on proposed
Lot N2. Staff considers this criterion met.
(9) A building lot generally must be rectangular in shape, with side lot lines that are perpendicular or
radial to the abutting street, and rear lot lines that parallel the street, except as necessary to
accommodate existing rights-of-way or other physical site constraints (see Figure 2-1, Lots, Yards
and Lot Lines). Irregular or oddly shaped building lots, including flag and through lots, are
prohibited, except for:
(a) A flag lot, with a minimum of fifteen (15) feet of frontage on the abutting street, as necessary
to accommodate a back-lot subdivision and infill development within an existing subdivision,
block pattern, or development;
(b) A triangular or trapezoidal building lot defined by abutting streets that otherwise has sufficient
street frontage and lot area to meet minimum lot requirements; or
(c) A through lot with frontage on two parallel or intersecting streets that cannot be further
subdivided under minimum lot requirements, provided that front setback requirements can be
met on both streets.
15.A.16(C)(9) above requires building lots to be generally rectangular in shape, with a certain set of
limited exceptions. Lot N2 and N3 are not building lots and are instead for an approved centralized
stormwater treatment practice and for a public street on the official map, respectively. As can be
seen on sheet SK1, the proposed Lot N1 is particularly irregular in shape. The applicant is showing
on the Overall Site Plan (sheet 1) how three buildings could exist on the lot in a manner that, if
subdivided, could be roughly 3 rectangles. Since more than one building can be on a lot in the FBC,
Staff considers the proposed shape to be acceptable.
The frontage build-out requirements of the T5 zoning district require 85% of the street frontage to
be occupied by a building. The frontage build-out requirements of the T4 zoning district require
70% of the street frontage to be occupied by a building.
8.05D also includes provisions relevant to the shape of lots, as follows.
8.05 Parking
D. Access to Off Street Parking. Access between adjacent lots and across property lines is
required, as stipulated in 14.07F and 13.02F of these Regulations.
The applicant has demonstrated on Overall Site Plan (sheet 1) that the frontage buildout
requirements can be met for the remining lands of Lot N1, without including lands unnecessary for
the approved storm pond in Lot N2.
15.A.15 Sidewalks, Bike Lanes, and Recreation Paths
A. Purpose and Intent. As necessary to facilitate pedestrian and bicycle access and circulation
throughout the subdivision, and to provide direct pedestrian and bicycle connections to adjoining
neighborhoods, public parks, transit stops, and other community focal points or destinations in the
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vicinity (e.g., schools, recreation facilities, civic buildings, shopping and employment centers), the
applicant must demonstrate that subdivision layout and design, including the proposed street network,
incorporates as applicable:
(1) Pedestrian-oriented streetscapes, as defined by Street Type under Article 11.A;
(2) Pedestrian sidewalks, crosswalks, and mid-block crossings that meet ADA requirements;
(3) Interior block pedestrian passages and walkways;
(4) Direct pedestrian access from the street to fronting building lots and civic spaces, and to existing
and planned transit stops;
(5) Bicycle access to all building lots, and existing and planned transit stops;
(6) Bicycle lanes, as incorporated by street type; and
(7) Existing and planned pedestrian trails and multiuse recreation paths, as identified in the
Comprehensive Plan, or on the City’s Official Map.
C. Pedestrian Easement. A permanent pedestrian easement twenty (20) feet in width may be
required by the DRB, as necessary to facilitate pedestrian and bicycle circulation within the subdivision:
(1) Through any block that is six hundred (600) feet or more in length;
(2) As a continuation of a dead-end street;
(3) To provide direct pedestrian access to an existing or planned transit stop within or adjacent to
the subdivision; or
(4) In conjunction with a utility easement.
Along Garden Street, Lot N is almost 900 feet from southwestern corner of the lot to the northwestern
corner of the lot. The resulting block length is even greater, extending past the current Trader
Joes/Healthy Living driveway to Dorset Street. The purpose of the City Center zoning districts and of the
street types within the City Center zoning districts place strong emphasis on creation of a pedestrian-
oriented development pattern. 15.A.15A(3) requires the subdivision design and layout incorporates
pedestrian passages and walkways. The applicant has proposed a pedestrian easement along the
stormwater pond maintenance access driveway and berm connecting Garden Street to the future public
street.
2. Staff recommends the Board direct the applicant to provide the draft language for all proposed
easements as part of the final plat application.
3. There are a number of criteria in the remainder of Article 15.A which are required to be addressed as
part of the final plat application. Staff recommends the applicant obtain approval for concurrent site
plan application #SP-23-011 for development of Lot N1, which will serve as a demonstration that the
subdivision review criteria of Article 15.A are met. If the applicant does not obtain approval prior to
final plat review, the applicant will need to submit information demonstrating that the proposed
subdivision does not preclude compliance with these criteria, which pertain to building layout within
the subdivision, design of streets and vehicular access to the project, and infrastructure, utilities, and
services, including renewable energy.
RECOMMENDATION
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Staff recommends that the Board discuss the project with the applicant and conclude the sketch plan
meeting.
Respectfully submitted,
Marla Keene, Development Review Planner