The URL can be used to link to this page

Home My WebLink AboutAgenda 05_SD-23-09_Market Street Lot N_FP#SD-23-09 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SNYDER BRAVERMAN DEVELOPMENT CO, LLC – 225 MARKET STREET, 267 MARKET STREET AND 113 GARDEN STREET FINAL PLAT APPLICATION #SD-23-09 FINDINGS OF FACT AND DECISION Final plat application #SD-23-09 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. The Development Review Board held a public hearing on June 20, 2023. ___ represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. Snyder-Braverman Development Co., LLC has submitted final plat application #SD-23-09 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. 2. The owner of record of the subject property is South Burlington City Center, LLC. 3. The application was received on May 10, 2023 4. The subject property is located in Form Based Code Transect Zone 4 Zoning District and the Form Based Code Transect Zone 5 Zoning District. 5. The sketch plan was reviewed by the Board on May 2, 2023. 6. 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. 7. The plans submitted consists of the following. Submitted plans directly superseded by a newer sheet are not listed. Plan Description Sheet No. Prepared By Last Revised Overall Site Plan 1 The Snyder Group 05/05/2023 Existing Conditions 2 The Snyder Group 03/17/2023 #SD-23-09 2 Survey Plat PL-1 Barnard & Gervais, LLC 05/04/2023 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 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. (1) Physical Site Constraints. Land that is physically unsuited for development, including land that is characterized by periodic flooding, poor drainage, shallow soils, landslides, environmental site contamination or other known physical hazards or constraints, must not be subdivided for development unless the applicant can demonstrate that such limitations can be overcome, remediated, or mitigated as necessary to allow for subsequent development. The applicant is proposing a subdivision of three parcels, one containing the entirety of the land of the existing stormwater retention pond, one containing the entirety of the planned public street, and one containing the future development parcel. The Board finds this criterion met. (2) Buildable Area. For purposes of these Regulations, including the platting of building lots and the calculation of the density or intensity of development allowed within a subdivision, “Buildable Area” is defined as the total area of the tract or parcel to be subdivided, less the area occupied by the following physical and legal site limitations or constraints: • “Hazards” as defined and regulated under Article 12, as indicated on sketch and Master Plans, and as field verified and delineated on preliminary and final subdivision plans and plats, • “Level I Resources” as defined and regulated under Article 12, as indicated on sketch and Master Plans, and as depicted on preliminary and final subdivision plans and plats, • Existing and planned street and railroad rights-of way, • Transmission line corridors or easements, except upon request of the applicant that it be designated as Buildable Area. The Board finds Lot N1 to represent the buildable area. #SD-23-09 3 (a) The land area within a Habitat Block that is excluded from the Habitat Block through an exchange of land, an exclusion intended to provide relief from associated standards, as approved by the DRB under Section 12.04 (Habitat Block Overlay District), or relocation of a Habitat Connector as approved by the DRB under Section 12.05 (Habitat Connector Overlay District) may be included in the “Buildable Area” as defined above for purposes of subdivision and development, and the calculation of development density. There are no habitat blocks, or habitat block exchanges, on the subject property. (3) Buildable Area Calculations. The allowed number of building lots or dwelling units within the subdivision shall be calculated based on the Buildable Area of the parcel or tract to be subdivided except as otherwise specified for a Transect Zone Subdivision under Article 8, a Planned Unit Development under Article 15.C; and as provided for the transfer of development rights under Article 19, or affordable housing offsets, bonuses, or incentives under Article 18. (a) Any proposed alteration of the existing grade to create developable building lots, including land excavation or fill, must meet the standards of Section 14.11 (Alteration of Existing Grade), Article 16 (Construction and Erosion Control) and other applicable resource protection, flood hazard area and stormwater management standards under these Regulations. The buildable area, as Lot N1, is not restricted to a maximum number of dwelling units due to the project’s location within the Form Based Code transect zones. 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: (1) Overlay Districts. The subdivision must also meet applicable overlay district standards under Article 12. (a) In all subdivisions and PUDs in which the provisions of the Traffic Overlay District in Section 10.01 of these Regulations apply and in which the Traffic Overlay District provisions conflict with those of this section, the more restrictive provisions shall apply. The project is not located within the any overlay districts. (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. (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. Two of the three proposed lots are split between zoning districts: the planned public street lot and the development lot. The applicant has successfully demonstrated that the split development lot is viable for development through concurrent site plan application #SP-23-011. That decision will include a condition that this subdivision be approved prior to issuance of the first zoning permit for development. #SD-23-09 4 (b) The DRB may approve a request to extend zoning district standards up to fifty (50) feet in either direction beyond the district boundary line as necessary to avoid a subdivision or building lot split by a zoning district boundary. No such request was made or is approved. (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 Department heads (or their designees) have reviewed the provided materials and indicated there are no issues with the proposed subdivision. The City Stormwater Section commented on 6/12/2023 that the Board should include a condition that requires City Attorney approval of the proposed stormwater easements and that the easements shall not be accepted until the City deems it appropriate to do so. (4) Conformance with an Approved Master Plan. The applicant must demonstrate that the subdivision conforms, as applicable, to a Master Plan approved by the DRB under Article 15.B, including the approved development plan, management plan, buildout budgets, and phasing schedule. Master plan review is not required within the Form Based Code Transect Zones. D. Development Connectivity. The applicant must demonstrate that the subdivision, to the extent physically feasible, is configured and laid out to maximize connections with adjoining parcels and neighborhoods, and to avoid creating isolated and disconnected enclaves of development, except where necessary to separate incompatible land uses, or to avoid undue adverse impacts to resources identified for protection under Article 12. Accordingly, the applicant must demonstrate that the subdivision is laid out to connect with and extend existing and planned streets, sidewalks, recreation paths, transit routes, and utility and greenway corridors located adjacent to or within ½-mile of the subdivision, or as indicated on the City’s Official Map. Off-site improvements necessary to serve the proposed subdivision must be provided in accordance with 15.A.18. The applicant has demonstrated that the subdivision is laid out to connect with and extend existing and planned streets, sidewalks, and recreation paths as part of the concurrent site plan application #SP-23- 011. The Board finds this criterion met. 15.A.16C. Lots. All lots must be laid out to logically relate to topography and their intended use or purpose. Building lots must be laid out within existing and planned street and block configurations, in such a way that #SD-23-09 5 they can be developed in full compliance with their intended use and these Regulations. Unless otherwise specified under these Regulations as applicable to the subdivision: (1) All proposed lots must be numbered, as shown on subdivision plans and plats. This criterion is met. (2) 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. 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, a network of easements would be required to provide pedestrian, vehicular, stormwater, and site amenity access. (3) Building or other lots for existing or planned public facilities or uses, including public parks, as shown on the City’s Official map or proposed for dedication to the City, must be labeled and shown as such on the subdivision plan and plat. Lot 3 is proposed for a planned public street. This criterion is met. (4) Unless otherwise specified under these Regulations, a minimum of ten percent (10%) of the total buildable area within the developed portion of any Major Subdivision exceeding two acres in size must be allocated to functionally integrated civic space lots, as shown on the subdivision plan and plat. This is a “Transect Zone Subdivision,” not a “Major Subdivision” therefore civic space lots are not required. As part of concurrent site plan application #SP-23-011, the applicant has demonstrated that they have reserved the required amount of lands for on site open spaces. (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 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; As noted above, there is a planned public street located on the on the west side of the subject property. The applicant has provided an irrevocable offer of dedication and warranty deed for the lot for the planned public street as part of the application for final subdivision. The design of the street is included in concurrent site plan application #SP-23-011. Based on negotiations with the City, the applicant is also proposing a trail easement across the rear of the existing storm pond embankment. The Community Development Director provided the following comments on the proposed easements on June 12, 2023. #SD-23-09 6 Easement Deed comments: 1. For the “Temporary Utility Construction and Pedestrian Access Easement” the reference is to Easement E and the correct reference is Easement F. 2. For the Pedestrian Path Easement, the construction access easement needs to extend to the areas of Easement A (if A is the entire Existing Paved Drive) and Easement F for access to the site during construction should this occur prior to the acceptance of the street irrevocable offers. Survey Plat Comments 1. Clearly indicate the extent of Easement G with better placement of the arrows; the first should extend to, or near to the westernmost property boundary 2. The land within the proposed pedestrian path easement that is contiguous with the Existing Paved Drive is not as flat as depicted in the site plan. The pond slope and some of the SW pond infrastructure is more to the west then shown in the site plan, with the stormwater pond grade dropping closer to the edge of the Existing Paved Drive pavement. Is the intention that the City will fill in and regrade the slope of the pond at this location? This will increase cost of the shared use path, and significantly expand the construction area required beyond the proposed construction easement. The area of berm south of the Existing Paved Drive is level and wide enough for a path. The Board finds the applicant must revise the plans to revise the callout for Easement G to indicate the roughly rectangular area enclosed by the property line and the purple dashed lines. Further, with regard to the pond slope close to the edge of the Existing Paved Drive, the Board finds the applicant must shift the pedestrian path easement to the north at the northern end so that it can be accessed from the level portion of the stormwater pond embankment. The applicant must revise the easement deeds as requested by the Community Development Director. The Board finds the applicant must record the irrevocable offer in a form acceptable to the City Attorney prior to recording the mylar. The Board further finds the applicant shall make modifications to the warranty deed as may be specified by the City Attorney prior to recording the mylar. (6) All building lots must front on a public or private street, a designated civic space, or a shared courtyard with pedestrian access to the abutting street. This criterion is met. (7) Building lots must be configured to comply with all relevant lot area, dimensional and lot coverage requirements under these Regulations, including as appliable: • Lot requirements under Section 3.05; • Setback and buffer requirements under Section 3.06; • Lot requirements specific to an allowed use under Article 14; • Zoning district dimensional standards under Appendix C-2; • Transect Zone Building Envelope Standards under Article 8; #SD-23-09 7 • SEQ Subdistrict standards under Article 9; and • PUD or Building Type standards under Article 15.C and Article 11.C. The Board finds approval of concurrent site plan application #SP-23-011 will be sufficient demonstration that this criterion is met. (7) 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, site drainage, utilities, or other improvements required under these Regulations, including site plan standards under Article 14. The Board finds approval of concurrent site plan application #SP-23-011 will be sufficient demonstration that this criterion is 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. 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. The proposed Lot N1 is generally what is described in exception (b) above. The applicant has shown on the Overall Site Plan (sheet 1) and concurrent site plan application #SP-23-011 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, the Board finds 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 being included in Lot N2. (10) Building lots should be oriented and configured to minimize lot width (frontage) along the street. The preferred building lot width to depth ratio is 1:2; however, a ratio of 1:1 to 1:5 may be allowed #SD-23-09 8 as necessary to accommodate physical site constraints, stormwater drainage, or rear lot access and parking. Lot N1 is configured to exclude the lands necessary for stormwater control (though treatment is provided on-site) and to include rear lot access and parking. The Board finds this criterion met. (11) Building lots must be configured to avoid or, where necessary, minimize rear lot lines that abut side lot lines. Unless otherwise specified under these Regulations, corner lots must be configured to meet lot frontage and front setback or build-to-zone requirements on all abutting streets. As a lot fronting on three streets, Lot N1 would necessarily have side lots fronting on rear lots if it were subdivided into individual lots. The Board finds this criterion met. (12) Temporary or permanent surface parking lots, where parking is the principal use, must at minimum meet the minimum lot area requirement applicable to building lots, to allow for future parking lot redevelopment. Such lots must also be shown on subdivision plans and plats submitted with the application. The principal use of the lots is not surface parking. The Board finds this criterion not applicable. DECISION Motion by __, seconded by __, to approve final plat application #SD-23-09 of Snyder Braverman Development Co. LLC, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Prior to recording, the plat must be revised to show the changes below and shall require approval of the Administrative Officer. a. revise the callout for Easement G to indicate the roughly rectangular area enclosed by the property line and the purple dashed lines. b. shift the pedestrian path easement to the north at the northern end so that it can be accessed from the level portion of the stormwater pond embankment. 4. Prior to recording the plat, the legal documents must be revised to show the changes below and shall require approval of the City Attorney. a. For the “Temporary Utility Construction and Pedestrian Access Easement” the reference is to Easement E and the correct reference is Easement F. b. For the Pedestrian Path Easement, the construction access easement needs to extend to the areas of Easement A (if A is the entire Existing Paved Drive) and Easement F for access to the site during construction should this occur prior to the acceptance of the street irrevocable offers. 5. A digital PDF version of the full set of approved final plans and documents must be delivered to the Administrative Officer before recording the final plat plans. 6. All proposed easement deeds and irrevocable offers shall be reviewed and approved by the City Attorney prior to recording. #SD-23-09 9 7. The applicant must record the irrevocable offer in a form acceptable to the City Attorney prior to recording the plat. 8. The applicant shall make modifications to the warranty deed as may be specified by the City Attorney prior to recording the plat. 9. The final plat plan must be recorded in the land records within 180 days or this approval is null and void. The plat shall be signed by the Board Chair or Clerk prior to recording. 10. Easements shall not be accepted until the City deems it appropriate to do so. 11. Any additional changes to the final plat plan will require approval of the South Burlington Development Review Board. 12. A digital file consisting of an ArcGIS or AutoCAD formatted file of the proposed subdivision, including property lines, easements, and rights of way, either georeferenced or shown in relation to four easily identifiable fixed points such as manholes, utility poles or hydrants, must be provided to the Administrative Officer before recording the final plat plan. The format of the digital information shall require approval of the South Burlington GIS Coordinator. Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present John Moscatelli Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Motion carries by a vote of _ - _ - _. Signed this __ day of June 2023, by _____________________________________ Dawn Philibert, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-915-1740 or https://www.vermontjudiciary.org/environmental for more information on filing requirements, deadlines, fees and mailing address. #SD-23-09 10 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. 308 310 309 309 310311311312 310305 3123123143153143123 1 1 3113113113103103113123123 1 2 31 2 298308308305305308305300 300 300305308298 299305310 3 1 0 31031 0 309311310308309307309312314314DDD305307UUUUUU312311311311310310 3 1 0 3 10 311312MARKET STGARDEN STREETLOT M4EX. SIDEWALKEXISTING BOXSTORM POND 118'SEE PLANS BY WAGNERHODGSON FOR LAYOUT ANDLANDSCAPING IN MINI PARKLOT M5110.2' 1 0 0 .0 '209.1'NEW CONCRETE SIDEWALKEXISTING PAVED SIDEWALKPROPOSED 61 UNITRESIDENTIAL BUILDINGBIKE RACKS(4 HOOPS)5' CONCRE T E S I D EW A LK20' R.30' R.10' R.20' R.22'20'20' R.CONCRETE CURBCONC R E T E CU R B RAMPTRASH & RECYCLING CONTAINERSTO BE LOCATED IN PARKING GARAGEBLDG B1MARKET STREETCI T Y H A L L / SCHOO L DR I V EWAY FU TURE PUB L IC S TREE T 3 2 4 '490'LOT B-B2LOT B-B1TRANSECT T-4TRANSECT T-5TRANSECT T-4TRANSECT T-58 7 'L=137'358'28'3'L=91'289'181'199' 2 4 8 'EXISTING CONCRETE SIDEWALKEXISTING PAVED SIDEWALKEXISTING CONCRETE SIDEWALKEX IS T ING CONC RE T E S I D EW A L KPA VED P ARK ING AREAPAVED PARKING AREAE X I S T ING G R AVE L S UR F AC E E X I S T IN G P A V ED D R I V ECLASS 2 WETLAND50'WETLAND BUFFER EXISTING RIGHT OF WAY TO BENEFIT THEPARCEL AT 155 MARKET STREET TOOBTAIN ACCESS TO THE PREMISES FROMTHE CURB CUT ON MARKET STREET312313312311310309312311310310310312312311 308 307305313312312 303308 TEMPORARY STRUCTURE (TENT)TEMPORARY STONE/GRAVEL STORAGE AREATEMPORARY STONE/GRAVEL STORAGE AREATEMPORARY GRAVEL ACCESSSITE GRADING ASSOCIATED WITHTHE TEMPORARY STORAGE AREAIS NOT COMPLETE192' T E M P . JO B T R A I L E R SOUTH BURLINGTON CITY CENTERCATAMOUNT RUN - PH.IIMARKET ST. & GARDEN ST. SOUTH BURLINGTONDateSheet numberScaleCheckedDrawnSurvey DateRevisionByThese plans shall only be used for the purpose shown below:Sketch/ConceptFinal Local ReviewConstructionRecord Drawing03-17-23KBABRB&GTHE SNYDER GROUP, INC.4076 SHELBURNE ROAD, SUITE 6SHELBURNE, VERMONT 05482802-985-5722WWW.SNYDERHOMESVT.COMAS SHOWN2EXISTINGCONDITIONS PLAN1-888-DIG-SAFE PRIOR TO ANY EXCAVATION.THE CONTRACTOR SHALL NOTIFY "DIGSAFE" AT GRAPHIC SCALE3003060120(IN FEET)1" = 30 ft.#155 MARKET STREETMIXED USE BUILDINGLOT B#112 GARDEN STREET#303 MARKETSTREETLEGENDEXISTING CONTOUREXISTING PROPERTY LINEEXISTING EDGE OF TREES / SHRUBS313EXISTING STREET TREEEXISTING POLE MOUNTED LIGHTEXISTING HYDRANTEXISTING STORM MH & CBEXISTING SEWER MANHOLESIDELINE OF EASEMENTNOTES:1.THE PURPOSE OF THIS PLAN IS TO PRESENT THE EXISTING CONDITIONS OF LOT N.DATA IS BASED UPON A TOPOGRAPHIC SURVEY PERFORMED BY BARNARD & GERVAISIN OCTOBER 2022, AND RECORD DRAWINGS FOR MARKET STREET.2.SEE GARDEN STREET DESIGN PLANS FOR STREET AND UTILITY RELATED INFORMATIONWITHIN THE RIGHT OF WAY. THE TRAVEL LANES AND CURB OF THE SOUTH SEGMENTOF GARDEN STREET ARE SUBSTANTIALLY COMPLETE. THE MAJORITY OF THESIDEWALKS REMAIN UNCONSTRUCTED.3.SEE MARKET STREET RECORD DRAWINGS FOR ADDITIONAL UTILITY RELATEDINFORMATION WITHIN THE RIGHT OF WAY.4.SEE THE SUBDIVISION PLAT FOR BOUNDARY RELATED INFORMATION.(UNDER CONSTRUCTION)(UNDER CONSTRUCTION) 302.5302.5 302.5302.5 302.5 LLLL L LL 310 309 309 310311311 310305 3123123143153143123 1 1 3113113113103103123123 1 2 31 2 298308 308305305308305300 300 300305308298 299305310 3 1 0 31031 0 309311310308309307309312314314DDD305307UUUUUU312311311311310310 3 1 0 3 10 311312MARKET STLOT M410' WIDE SHARED USE PAVED PATH6' WIDE CONCRETE SIDEWALKEX. SIDEWALKEXISTING BOXSTORM POND 1SEE PLANS BY WAGNERHODGSON FOR LAYOUT ANDLANDSCAPING IN MINI PARKGARDEN STREETLOT M5110.2' 1 0 0 .0 '209.1'NEW CONCRETE SIDEWALK6' C ON CR E TE S I D EW A LK6' CONCRETE SIDEWALKPROPOSED 61 UNITRESIDENTIAL BUILDINGBIKE RACKS(4 HOOPS)6' WIDE CONCRETE SIDEWALK5' CONCRE T E S I D EW A L K20' R.30' R.10' R.20' R.22'20'20' R.CONCRETE CURBCONC R E T E CU R B RAMPTRASH & RECYCLING CONTAINERSTO BE LOCATED IN PARKING GARAGEBLDG B1MARKET STREETCI T Y H A L L / SCHOO L DR I V EWAY FU TURE PUB L IC S TREE T 3 2 4 'LOT B-B2LOT B-B1TRANSECT T-4TRANSECT T-5TRANSECT T-4TRANSECT T-56' WIDE CONCRETE SIDEWALK8 6 . 5 'L=136.9 '28.7'3.3'L=91.0'289.6'181.3'137.8'61 .2 ' 2 4 8 . 1 '60'6' W I D E CON CRE TE S I DEW A L K 10' WIDE SHARED USE PAVED PATH1 0 ' W IDE SH A RED U S E P A V ED PA TH BUILDING A2BUILDING A1BUILDING A3FU TUR E PUB L IC S TRE E TBIOERETENTION AREAPOCKET PLAZALOT N13.71 AC.LOT N21.79 AC.TRASH & RECYCLINGSTRUCTUREPLAZA AT STREETLEVEL OVER RAMPTO PARKING GARAGETYPICAL RAILING ALONGTOP OF RETAINING WALL22'22'15' R.TRANSECT T-5TRANSECT T-4TRANSECT T - 5TRANSECT T - 4 MOUNTABLECONCRETE CURBMOUNTABLECONCRETE CURBCONCR E T E C UR B CONCRETE CURB5' R .5' R.15' R.15' R.30' R.54' R.22'20'10' R.30' R.22'EXISTING PAVED DRIVEPROPOSED 20' WIDE PEDESTRIANEASEMENT TO THE CITY OF SOUTHBURLINGTON20'CLASS 2 WETLAND50'50' WETLAND BUFFEREXISTING CONCRETE SIDEWALKNEW CONCRETE SIDEWALKEXISTING CONCRETE SIDEWALKNEW CONCRETE SIDEWALKNEW CON CRE TE S I DEW A L K (4) BIKE RACKS(8 SPACES)(4) BIKE RACKS(8 SPACES)5' WIDE CONCRETE SIDEWALK 5' WIDE CONCRETE SIDEWALK 5' WIDE CONCRETE SIDEWALK5' WIDE CONC. SIDEWALKEXISTING PAVED PARKINGEXISTINGPAVEDPARKINGSEE PLANS BY TJ BOYLE FORADDITIONAL DESIGN DETAILS20'20'8'8'22'15' R.15' R.10' R.15' R.12' R.18'8'8'8'9'EL E CELEC ELEC18'8'8'8'9'24'18'9'24'8'8'8'10' R.15' R .10' R.10' R.1 5 8 . 6 'L=81.0 'L=89.0'L=11.2'L=180.5'357.6'14.6'110.8'L = 89 . 4 'L=54.6'L=215.8'430.5'S PEEDTABLE SPEEDTABLE20.3'(3) BIKE RACKS(6 SPACES)(3) BIKE RACKS(6 SPACES)(4) BIKE RACKS(8 SPACES)TYPICAL INFORMALSITTING AREA - SEELANDSCAPE PLANSCONCRETE CURB CONCR E T E CUR B SOUTH BURLINGTON CITY CENTERCATAMOUNT RUN - PH.IIMARKET ST. & GARDEN ST. SOUTH BURLINGTONDateSheet numberScaleCheckedDrawnSurvey DateRevisionByThese plans shall only be used for the purpose shown below:Sketch/ConceptFinal Local ReviewConstructionRecord Drawing03-17-23KBABRB&GTHE SNYDER GROUP, INC.4076 SHELBURNE ROAD, SUITE 6SHELBURNE, VERMONT 05482802-985-5722WWW.SNYDERHOMESVT.COMAS SHOWN1OVERALL SITE PLANWILLISTON ROADLOCATION MAPNOT TO SCALEMAR Y S T R E E T EXIT 14INTERSTATE 89MIDAS RDHINESBURG ROADINTERSTATE 89MARKET STREETMARCOTTECENTRALSCHOOLDORSET STREETAPPLICANTTHE SNYDER-BRAVERMANDEVELOPMENT COMPANY, LLC4076 SHELBURNE ROAD, SUITE 6SHELBURNE, VT 05482LANDOWNERSOUTH BURLINGTON CITY CENTER, LLCP.O. BOX 2204SOUTH BURLINGTON, VT 05407WHITE STSITENOTES:1.THE PURPOSE OF THIS PLAN IS TO PRESENT THE PROPOSED LAYOUT OF LOT N AND THEASSOCIATED BUILDING AND SITE IMPROVEMENTS. SEE THE MARKET STREET ANDGARDEN STREET DESIGN PLANS FOR STREET AND UTILITY RELATED INFORMATIONWITHIN THE RIGHT OF WAY.2.FOR LOT N PERIMETER BOUNDARY INFORMATION, SEE THE SOUTH BURLINGTON CITYCENTER, LLC SUBDIVISION PLAT BY LAMOUREUX & DICKINSON CONSULTING ENGINEERS,INC., LAST REVISED 10-19-21 AND RECORDED IN SLIDE 646.3 OF THE CITY LAND RECORDS.3.LOT N IS SUBJECT TO A PROPOSED SUBDIVISION. SEE THE SUBDIVISION SURVEY PLATDATED 05-04-23 BY BARNARD & GERVAIS, LLC FOR DETAILED INFORMATION ON LOTSN1-N3.GRAPHIC SCALE3003060120(IN FEET)1" = 30 ft.GARDENSTREETLEGENDPROJECT BOUNDARY 310EXISTING TREELINEABUTTING PROPERTY LINESIDELINE OF EASEMENTEXISTING CONTOUR#155 MARKET STREETMIXED USE BUILDINGLOT BBUILDING B2BIKE PARKINGBLDGDWELLINGUNITSNON-RESIDENTIALSPACESHORT TERM BIKE SPACESLONG TERM BIKE SPACESCHANGINGFACILITYUNISEXSHOWERCLOTHESLOCKERREQUIREDPROVIDEDREQUIREDPROVIDEDBLDG A110113,500 SF14 (10.1 + 4 MIN.)14103 (101 + 2)104NOTREQUIREDNOTREQUIRED1REQUIREDBLDG A26213,500 SF10 (6.2 + 4 MIN.)1464 (62 + 2)64NOTREQUIREDNOTREQUIRED1REQUIREDBLDG A350NONE585054N/AN/AN/AZONING TRANSECT BOUNDARYEXISTING POLE MOUNTED LIGHTEXISTING HYDRANTEXISTING STORM MH & CBEXISTING SEWER MANHOLELOT BBUILDING B1#112 GARDEN STREET#303 MARKETSTREETSHEET INDEX1OVERALL SITE PLAN2EXISTING CONDITIONS PLAN3GRADING PLAN - BLDG A1 & A24GRADING PLAN - BLDG A35UTILITY & LAYOUT PLAN - BLDG A1 & A26UTILITY & LAYOUT PLAN - BLDG A37EPSC PLAN8LIGHTING PLAN9DETAILS - SITEWORK10DETAILS - SITEWORK & STORM11DETAILS - EPSC & STORM12DETAILS - WATER13DETAILS - WATER & INSETS14PAVEMENT MARKING & SIGN PLAND2STORMWATER DETAILS (BY VHB)LOT N3FUTURE STREET ROW0.36 AC.PROJECT DATA:ZONING DISTRICT: FORM BASED CODETRANSECT ZONE T4 & TRANSECT ZONE T5LOT DATA:LOT N1 = 3.71 ACRELOT N2 = 1.79 ACRE (STORM POND)LOT N3 = 0.36 ACRE (FUTURE ROW)PROPOSED BUILDING:BUILDINGS A1 & A2: MIXED USE BUILDINGBASEMENT - PARKING GARAGEFLOOR 1T-4:RESIDENTIAL UNITST-5:NON-RESIDENTIALFLOORS 2-4T-4 & T-5: RESIDENTIAL UNITSBUILDING A3: RESIDENTIALBASEMENT - PARKING GARAGEFLOORS 1-4T-4:RESIDENTIAL UNITSPARKING STANDARDS (T-4 & T-5)FORM BASED CODE REQUIREMENTS:VEHICLE PARKINGMAXIMUM 2 SPACES PER RESIDENTIAL UNITBIKE PARKINGSHORT TERM BIKE PARKING1 SHORT TERM SPACE REQUIRED PER 10 DWELLING UNITS1 SHORT TERM SPACE PER 5,000 SF FOR RETAIL / RESTAURANT / OFFICELONG TERM BIKE PARKING1 LONG TERM SPACE PER 1 DWELLING UNITLONG TERM SPACES = 50% OF SHORT TERM SPACES FOR RETAIL / RESTAURANT / OFFICEVEHICLE PARKINGBUILDING / LOTDWELLINGUNITSPROPOSED PARKING SPACESGARAGESURFACETOTALBLDG A1 / LOT N11017944123BLDG A2 / LOT N262483482BLDG A3 / LOT N350341549OPEN SPACE REQUIREMENTS (T-4)RESIDENTIAL, 20 UNITS OR MORE·REQUIRED 60 SF PER UNITOPEN SPACE REQUIREMENTS (T-5)RESIDENTIAL, 20 UNITS OR MORE·REQUIRED 60 SF PER UNITNON-RESIDENTIAL, <20,000 SF·5% OF NON-RESIDENTIAL GROSSFLOOR AREAOPEN SPACEBLDGDWELLINGUNITSNON-RESIDENT.SPACEOPEN SPACEREQUIREDPROPOSED OPEN SPACELDA O/S CREDITPROVIDEDTOTALBLDG A110113,500 SF6,735 SF(6,060 + 675)3,367.5 SF(50% MAX.)990 SF SNIPPET (A1) +1,300 SF SNIPPET (A1)+ 2,400 SFPOCKET PLAZA +1,175 SF SNIPPET (A2)+ 3,500 SFRAIN GARDEN (A3)16,430 SFBLDG A26213,500 SF4,395 SF(3,720 + 675)2,197.5 SF(50% MAX.)BLDG A350NONE3,000 SF1,500 SF(50% MAX)TOTAL14,130 SF7,065 SF9,365 SFBUILDING ENVELOPE STANDARDS - FRONTAGE BUILDOUT:REQUIRED FRONTAGE BUILDOUTT-470% MINIMUM FOR PRIMARY STREETS (PRIMARY & SECONDARY BUILDING FACADE)T-585% MINIMUM FOR PRIMARY STREETS (PRIMARY & SECONDARY BUILDING FACADE)PROPOSEDMARKET STREET - LOT N1 / BLDG A2TOTAL STREET FRONTAGE = 430.5 FT (ALL IN T-5)TOTAL FRONTAGE BUILDOUT = 185.6 FT + 185.5 FT = 371.1 FTTOTAL FRONTAGE BUILDOUT = 86% (371.1 FT / 430.5 FT = 86%)FUTURE PUBLIC STREET - LOT N1 / BLDG A2TOTAL STREET FRONTAGE = 239.6 FT (T-5 = 150 FT T-4 = 89.6 FT)TOTAL FRONTAGE BUILDOUT = 191.4 FTTOTAL FRONTAGE BUILDOUT = 80% (191.4 FT / 239.6 FT = 80%)THE PROPOSED FRONTAGE BUILDOUT FOR THE FUTURE PUBLIC STREET (191.4 FT) EXCEEDS THE MINIMUM REQUIRED COMPOSITE BUILDOUT (190.3 FT) FOR THE T-4 & T-5.[(150 FT X 0.85) + (89.7 FT X 0.70) = 190.3 FT)]GARDEN STREET - LOT N1 / BLDGS A1 & A3TOTAL STREET FRONTAGE = 761.5 FT (T-5 = 151.3 FT T-4 = 610.2 FT)TOTAL FRONTAGE BUILDOUT= 590.0 FT = 369.9 FT (BLDG A1) + 220.1 FT (BLDG A3)TOTAL FRONTAGE BUILDOUT = 77% (590.0 FT / 761.5 FT)THE PROPOSED FRONTAGE BUILDOUT FOR GARDEN STREET (590.0 FT) EXCEEDS THE MINIMUM REQUIRED COMPOSITE BUILDOUT (555.8 FT) FOR THE T-4 & T-5.[(151.3 FT X 0.85) + (610.3 FT X 0.70) = 555.8 FT)]05-05-23COORDINATION WITH PROPERTY PLATABR C1 # < < < < < < < < < < < < < < < < < < < < < < < < < <MARKET STREETUNION PLACEAPARTMENTS, LLCN/FVOL.1650, PG.11303 MARKET STREETLOT M5, SURVEY REF.1POON TRUST, LLCN/FVOL.780 PG.728(155 MARKET STREET)SOUTH BURLINGTONCITY CENTER, LLCN/FVOL.853 PG.2223N-SB, LLCN/FVOL.1366 PG.96EXISTINGBUILDINGSOUTH BURLINGTONCITY CENTER, LLCN/FVOL.853 PG.222LOT M4, SURVEY REF.1GARDEN STREETE X I S T I N G P A V E D D R I V EDORSET SQUARE ASSOCIATESN/FVOL.194 PG.77VOL.194 PG.80VOL.194 PG.82VOL.194 PG.90VOL.260 PG.120EXISTING BUILDINGEXISTING RETAINING PONDAC FOUND0.3' B.G. W/CAP"LLS 565"CMF 4X4"0.6' A.G.RBF 1/2"0.5' A.G.E X I S T I N G G R A V E L P A R K I N G 60'80'SOUTH BURLINGTONCITY CENTER, LLCN/FLOT LSOUTH BURLINGTONCITY CENTER, LLCN/FLOT M6MARKET STREETG A R D E N S T R E E T EXISTING SIDEWALKPROSPECT PLACE APARTMENTS, LLCN/FVOL.1681 PG.265LOT M1CATAMOUNT RUN PHASE 1, LLCN/FVOL.1690 PG.59FUTURE PUBLIC STREETVOL.853 PG.222EXISTING FOUNDATIONN7°51'14"W259.46'N77°43'40"E181.29' N 5 1 ° 0 9 ' 1 1 " E 1 9 9 . 0 0 ' N 4 3 ° 3 5 ' 1 3 " E 24 8 . 0 8 'S46°25'12"E430.49'S4 3 ° 3 6 ' 4 7 " W 86 . 4 8 'S82°50'14"W357.56'S52°39'24"W28.71'S82°16'58"W3.33'N7°49'15"W30.13'AD6'60'BBC20'5'30'40'5'60.00'S 4 3 ° 3 5 ' 1 3 " W 15 8 . 5 8 'EEFGCURVE DATA:RADIUS - 200.00'ARC LENGTH - 136.92'CHORD BEARING - S63°13'31"WCHORD DISTANCE - 134.26'CURVE DATA:RADIUS - 364.00'ARC LENGTH - 180.54'CHORD BEARING - S68°37'41"WCHORD DISTANCE - 178.70'BC20'S7°49'15"E64.00'S7°49'15"E10.47'S34°50'27"E20.35'S5°47'20"E110.82'S27°33'22"E14.57'CURVE DATACURVE RADIUS ARC LENGTH CHORD BEARING CHORD DISTANCE364.00'11.20'S53°32'15"W11.20'C1C2 C3C4C5 350.00'215.83'S39°19'32"W212.43'C275.00'54.60'S77°50'57"W53.41'C349.00'49.38'S69°50'12"W47.32'C449.00'39.99'S17°35'20"W38.89'C5C6C7 200.00'89.00'N79°33'44"E88.27'C6200.00'80.97'S55°12'54"W80.42'C7PROPOSED LOT N13.71 ACRESPROPOSED LOT N21.79 ACRES20'SOUTH BURLINGTONCITY CENTER, LLCN/FLOT LRBF 1/2"0.3' A.G.CITY OF SOUTHBURLINGTONN/FVOL.1493 PG.117(180 MARKET ST)176.00'91.00'S67°28'08"W89.99'C8C8137.77' 6 1 . 2 3 'PROPOSED LOT N30.36 ACRES20'64'VT GRIDLOCATION PLANN.T.S.I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THIS PLAN IS BASED ONINFORMATION ABSTRACTED FROM PERTINENT DEEDS AND/OR OTHER OFFICIALRECORDS AND CONFORMS TO THE REQUIREMENTS OF 27 VSA § 1403.DATED THIS __________________ DAY OF ____________________, 20___._________________________________________________________ L.S. 735SURVEY REFERENCES:1. "SUBDIVISION PLAT" SHEET PL-1 DATED 07-15-2019, LAST REVISED 10-19-21 BY LAMOUREUX &DICKINSON CONSULTING ENGINEERS AND RECORDED IN THE TOWN OF SOUTH BURLINGTON MAPRECORDS MAP SLIDE # 646.3.2. "BOUNDARY SUBDIVISION PLAT FOR SOUTH BURLINGTON CITY CENTER, LLC" DATED 01-09-2019BY LATITUDES LAND SURVEYING AND RECORDED IN THE TOWN OF SOUTH BURLINGTON MAPRECORDS MAP SLIDE (#).3. "5 LOT SUBDIVISION SOUTH BURLINGTON CITY CENTER, INC., MARKET STREET SOUTHBURLINGTON, VT" SHEET P1 & P2 DATED 06-01-2018, BY CIVIL ENGINEERING ASSOCIATES, INC.AND RECORDED IN THE TOWN OF SOUTH BURLINGTON MAP RECORDS MAP SLIDE # 626.1& 626.2.4. "SUBDIVISION AND BOUNDARY LINE ADJUSTMENT PLAT, LANDS OF SOUTH BURLINGTON CITYCENTER, LLC" SHEET PL-2 DATED 01-25-2018, LAST REVISED 06-11-18 BY LAMOUREUX &DICKINSON CONSULTING ENGINEERS AND RECORDED IN THE TOWN OF SOUTH BURLINGTON MAPRECORDS MAP SLIDE # 625.2.5. "SUBDIVISION AND BOUNDARY LINE ADJUSTMENT PLAT, LANDS OF SOUTH BURLINGTON CITYCENTER, LLC" SHEET PL-1 DATED 10-14-2016, LAST REVISED 04-04-18 BY LAMOUREUX &DICKINSON CONSULTING ENGINEERS AND RECORDED IN THE TOWN OF SOUTH BURLINGTON MAPRECORDS MAP SLIDE # 625.1.6. "SOUTH BURLINGTON SCHOOL DISTRICT, SOUTH BURLINGTON CENTRAL SCHOOL, 10 MARKETSTREET, SOUTH BURLINGTON, VERMONT" DATED 05-19-2004, LAST REVISED 10-1-04 BY CIVILENGINEERING ASSOCIATES, INC. AND RECORDED IN THE TOWN OF SOUTH BURLINGTON MAPRECORDS MAP SLIDE # 447.7. "ALTA/ACSM LAND TITLE SURVEY, CENTURY PARTNERS, 100 DORSET STREET, SOUTHBURLINGTON, VERMONT" DATED 12-09-1997, BY TRUDELL CONSULTING ENGINEERS ANDRECORDED IN THE TOWN OF SOUTH BURLINGTON MAP RECORDS MAP SLIDE # 509.8. "CORPORATE CIRCLE, SOUTH BURLINGTON, VERMONT, SOUTH BURLINGTON REALTY CORP.,PROPERTY PLAT." DATED SEPTERMBER, 1981, LAST REVISED 5-27-92 BY WEBSTER-MARTIN ANDRECORDED IN THE TOWN OF SOUTH BURLINGTON MAP RECORDS MAP SLIDE #248.SURVEY NOTES:1. BEARINGS SHOWN HEREON WERE GENERATED FROM SURVEY GRADE GPS READINGSCOLLECTED WITH A (LEICA GS15 & GS16) GPS RECEIVER ON RANDOM CONTROL POINTS ANDADJUSTED TO VT GRID NAD83(2011) USING REAL TIME KINEMATIC CORRECTIONS FROM A VIRTUALREFERENCE STATION GENERATED BY THE VERMONT CORS NETWORK.2. NO ATTEMPT HAS BEEN MADE TO LOCATE OR IDENTIFY ANY EASEMENTS OR RIGHTS OF WAYSUNLESS OTHERWISE SHOWN ON THIS PLAN.3. A CLOSED TRAVERSE SURVEY WAS COMPLETED IN OCTOBER, 2022 USING A LEICA TOTALSTATION. THE RESULTING ERROR MEETS OR EXCEEDS THE MINIMUM REQUIRED STANDARDS FORA SUBURBAN SURVEY AS ESTABLISHED BY THE VERMONT BOARD OF LAND SURVEYORS.4. ALL EVIDENCE OF MONUMENTATION FOUND ON THE SURVEYED PREMISES IS SHOWN HEREON.MONUMENTATION FOUND IS CONSIDERED TO BE IN GOOD AND STABLE CONDITION UNLESSOTHERWISE NOTED. ALL IRON PIPE DIMENSIONS PERTAIN TO INSIDE DIAMETER UNLESSOTHERWISE NOTED.5. THE RIGHT OF WAY WIDTH FOR MARKET STEET, OF 80' IS BASED ON DEED BOOK 687, PAGE 143.6. ALL AREA CALCULATIONS ARE BASED ON THE EDGE OF THE RIGHTS OF WAY OF SAID ROADAND NOT THE CENTERLINE THEREOF.7. ALL REBARS SET ARE 5/8" WITH A CAP STAMPED M.GERVAIS VTLS 735 AND ALLMONUMENTATION FOUND IS AS NOTED.8. UNAUTHORIZED ALTERATIONS AND/OR MODIFICATIONS TO THIS PLAN SHALL INVALIDATE ANYAND ALL CERTIFICATIONS MADE BY BARNARD & GERVAIS, LLC AND FURTHER ANY PARTIESINVOLVED IN SAID ALTERATIONS AND/OR MODIFICATIONS SHALL BE HELD LIABLE AND MAY BEPROSECUTED IN A COURT OF LAW.9. BARNARD AND GERVAIS, LLC MAKES NO WARRANTIES THAT ALL ENCUMBRANCES THAT EXISTFOR THE SUBJECT PARCEL ARE SHOWN HEREON. ADDITIONAL ENCUMBRANCES THAT MAY EXISTINCLUDE, BUT ARE NOT LIMITED TO, WETLANDS, WELL AND SEPTIC ISOLATION ZONES,HAZARDOUS WASTE SITES AND/OR BROWNFIELDS WITH ASSOCIATED ISOLATION ZONES.10. THIS SUBDIVISION PLAT IS NOT INTENDING TO CREATE ANY EASEMENTS OTHER THAN THOSESPECIFICALLY LISTED AND DESCRIBED HEREON. ANY DRIVES, PATHS, TRAILS OR OTHERAMENITIES SHOWN HEREON ARE CONSIDERED PRIVATE UNLESS OTHERWISE NOTED.LANDOWNERSOUTH BURLINGTON CITY CENTER, LLCC/O SOUTH BURLINGTON REALTY CO.PO BOX 2204SOUTH BURLINGTON VT, 05407VOL.853, PG.222PARCEL I.D. 0450-00000.B10523 VT Route 116, P.O.Box 133Hinesburg, VT 05461Telephone: (802) 482-2597167 Main Street, P.O.Box 820Enosburg Falls, VT 05450Telephone: (802) 933-5168BARNARD & GERVAIS, LLCLand Surveying Water & Wastewater Environmental ConsultingSHEET 1 OF 1PL-1DRAWING NO.SUBDIVISION SURVEY PLATFINAL LOCAL REVIEWPRELIMINARYSKETCH/CONCEPTTHESE PLANS WITH LATEST REVISIONS SHOULD ONLY BE USED FOR THE PURPOSESHOWN BELOW:REVISIONSDESCRIPTIONDATEBYPROJECT NO.22173DATE:05-04-2023SCALE:1" = 60'SURVEY:AS,SCDRAWN:ASCHECKED:MGPROJECT BOUNDARY LINESPROPOSED BOUNDARY LINESABUTTING BOUNDARY LINESPROPOSED EASEMENTREBAR FOUNDIRON PIPE FOUNDCONCRETE MONUMENT FOUNDREBAR SETCALCULATED CORNERABOVE GRADEBELOW GRADENOW OR FORMERLYRETENTION PONDLEGENDN/FRBSB.G.A.G.IPFRBFCMFRECEIVED FOR RECORD IN THE CITY OF SOUTH BURLINGTONTHIS ________________ DAY OF _______________________________, 20___MAP BOOK# _________, PAGE#____________, SLIDE#___________AT ___________________O'CLOCK _______________MINUTES ____MAND RECORDED IN SOUTH BURLINGTON, VERMONTATTEST____________________________________________________ TOWN CLERK < <SOUTH BURLINGTONCITY CENTER, LLCMARKET ST. & GARDEN ST., SOUTHBURLINGTON, VERMONTLANDS OFSCHEDULE OF EASEMENTS:A. EXISTING RIGHT OF WAY TO BENEFIT PARCEL AT 155 MARKET ST. TO OBTAIN ACCESS TO THEPREMISES FROM THE CURBCUT ON MARKET ST (FORMERLY CORPORATE DR), VOL.194, PG. 535B. PROPOSED STORMWATER EASEMENT TO THE CITY OF SOUTH BURLINGTONC.PROPOSED PEDESTRIAN EASEMENT TO THE CITY OF SOUTH BURLINGTOND. PROPOSED 6' WIDE TEMPORARY PEDESTRIAN EASEMENT TO THE CITY OF SOUTH BURLINGTONE. PROPOSED 5' WIDE TEMPORARY CONSTRUCTION EASEMENT TO THE CITY OF SOUTH BURLINGTONF. PROPOSED TEMPORARY UTILITY CONSTRUCTION & PEDESTRIAN ACCESS EASEMENT TO THE CITYOF SOUTH BURLINGTONG. PROPOSED UTILITY EASEMENT TO THE CITY OF SOUTH BURLINGTON EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that SOUTH BURLINGTON CITY CENTER, LLC, a Vermont limited liability company with its principal place of business in Burlington, Vermont (“Grantor”), in consideration of the sum of Ten and More Dollars paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a municipality located in the County of Chittenden and State of Vermont (“Grantee”), by these presents does freely GIVE, GRANT, SELL, CONVEY, AND CONFIRM unto the Grantee, the CITY OF SOUTH BURLINGTON, and its successors and assigns forever, certain easements over a parcel or parcels of land located in the City of South Burlington in the County of Chittenden and State of Vermont (the “Easements”) described as follows, viz: Stormwater Easement Being an easement twenty (20) feet in width for the Grantee and its successors and assigns to construct, reconstruct, maintain, repair and replace at its sole cost and expense, stormwater inflow and outflow pipes depicted as Easement B – “Proposed Stormwater Easement to the City of South Burlington” on a plat entitled: “Subdivision Survey Plat, Lands of South Burlington City Center, LLC, Market Street & Garden St., South Burlington, VT,” Sheet PL-1, prepared by Barnard & Gervais, LLC, dated _______________, 2023 and recorded in Map Slides _____ and _____ of the City of South Burlington Land Records (the “Plat”). Pedestrian Path Easement Being an easement twenty (20) feet in width for the Grantee and its successors and assigns to construct, reconstruct, maintain, repair and replace at its sole cost and expense, a path for pedestrian access to and from Market Street to Garden Street, which is depicted as Easement C - “Proposed Pedestrian Easement to the City of South Burlington” on the Plat. Included with the Pedestrian Easement shall be a temporary construction easement 5’ on either side of the Pedestrian Easement to provide an area for staging and equipment during periods of construction of the Pedestrian Easement depicted as Easement E – “Proposed 5’ Wide Temporary Construction Easement to the City of South Burlington” on the Plat. The centerline of the Pedestrian Easement shall be the centerline of the sidewalk or path as installed. Temporary Sidewalk Easement and Driveway Easement Grantor has provided Grantee with an Irrevocable Offer of Dedication dated of or about even date herewith for the conveyance of the Future Public Street depicted on the Plat. Grantor will be constructing a sidewalk along the easterly side of the Future Public Street which provides continuous pedestrian connectivity to the Pedestrian Path Easement referenced above. Because the City may not accept the Future Public Street for several years, Grantor hereby conveys a temporary easement for public use over the 6’ sidewalk for Grantee and its successors and assigns, which easement is depicted as Easement D – “Proposed 6’ Wide Temporary Pedestrian Easement to the City of South Burlington” on the Plat, until such time as the Future Public Street is accepted as a public roadway. The City of South Burlington currently leases a parking area on the adjacent lands owned by the Poon Trust, LLC and uses the existing driveway in the location of the Future Public Street for ingress and egress. Reference is made to the existing driveway easement in favor of the adjacent property owned by Poon Trust, LLC and described in the prior Warranty Deed from South Burlington Realty Corporation to China Lite, Inc. dated November 1, 1983 and recorded in Volume 194 at Page 535 of the City of South Burlington Land Records, which is shown as Easement A – - 2 - “Existing Right of Way” on the Plat. Because the City may not accept the Future Public Street for several years, Grantor hereby conveys a temporary easement to Poon Trust, LLC and its successors and assigns for the use of the area depicted as “Future Public Street” on the Plat for all manner of ingress and egress until such time as the Future Public Street is accepted as a public roadway. Temporary Utility Construction and Pedestrian Access Easement Being temporary easements from Grantor to Grantee to be used in connection with the construction of a looped waterline (described below) and connectivity between Easement C and the pedestrian path located on the south side of Garden Street, which easements are depicted as Easement E – “Proposed Temporary Utility Construction & Pedestrian Access Easement to the City of South Burlington” on the Plat. Waterline Easement Being an easement for the construction, operation, maintenance, repair and replacement of a waterline located outside of the box culvert over Garden Street to provide a looped connection to the Dorset Street line, depicted as Easement G – “Proposed Utility Easement to the City of South Burlington” on the Plat. By its recording of this Deed, Grantee agrees, for itself and its successors and assigns, that any premises of Grantor lying outside the scope of the Easements disturbed or affected by Grantee’s exercise of the rights granted it hereunder, shall be restored as near as reasonably practical to their condition prior to such entry at Grantee’s own cost and within a reasonable time, and acknowledges that it will indemnify and hold Grantor and its successors and assigns harmless, to the full limits of liability insurance that Grantee customarily maintains, for any injury or damage resulting from the public use of said rights of way not attributable to acts of the Grantor. Grantee, by the recording of this Deed, acknowledges that the Easements have been donated to the City of South Burlington, at no cost to the City, with the intent that Grantor and its successors and assigns shall receive the full benefit and protection of 19 V.S.A. Section 2309. The Pedestrian Path Easement shall be used by the public as recreational and bicycle pathway subject to the condition that no motorized traffic, including but not limited to motorcycles, trail bikes and snowmobiles, shall be allowed to use the pathway, except motorized vehicles used by the Grantee, or its agents, for the purpose of repairing, maintaining or patrolling the pathways. Further, Grantee, its successors and assigns shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said recreational pathway, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. For the purposes of construction of said pathways, a temporary easement and right-of-way five feet (5’) on each side of the Easements is hereby granted, together with the rights to enter onto the other lands of Grantor proximate thereto. Said temporary easement and right-of-way shall expire once construction of the pathways is completed and the same is open and available to the public. This Easement Deed shall act as a bill of sale and does hereby convey all improvements located on, over and under the Easements and all appurtenances thereto. Grantor, and its successors and assigns, shall have the right to make use of the surface of so much of its property as is encumbered hereby, such as shall not be inconsistent with Grantee’s use of said Easements, but specifically shall place no structures, landscaping or other improvements within said Easements which shall prevent or interfere with the Grantee’s ability to use said Easements. - 3 - The Easements are a portion of the land and premises conveyed to South Burlington City Center, LLC by Quit Claim Deed of Randall G. Munson d/b/a South Burlington Realty Company dated January 30, 2009 and recorded in Volume 853 at Page 222 of the City of South Burlington Land Records. The Easements are subject to the following: (a) the provisions of municipal ordinances, public laws and special acts; and (b) all easements and rights of way of record, or as shown on the Plat, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. § 601, et seq. Reference is hereby made to the above-mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD said granted Easements, with all the privileges and appurtenances thereto, to the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns, to their own use and behoof forever; and the said Grantor, SOUTH BURLINGTON CITY CENTER, LLC, for itself and its successors and assigns, does covenant with Grantee and its successors and assigns, that until the ensealing of these presents, Grantor is the sole owner of the Easements, and has good right and title to convey the same in the manner aforesaid, that the said Easements are FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and it hereby engages to WARRANT and DEFEND the same against all lawful claims whatsoever, except as aforementioned. IN WITNESS WHEREOF, SOUTH BURLINGTON CITY CENTER, LLC, as evidenced by the signatures of its Duly Authorized Agent, does hereby execute this Easement Deed this ____ day of ______________, 2023. SOUTH BURLINGTON CITY CENTER, LLC By: Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Before me, on this _____ day of ________________, 2023, personally appeared ______________________, Duly Authorized Agent of SOUTH BURLINGTON CITY CENTER, LLC, known to me to be the person who executed the foregoing instrument, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of SOUTH BURLINGTON CITY CENTER, LLC. _______________________________________ Notary Public – State of Vermont Printed Name: Commission No.: Commission Expires: 1/31/25 WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS, that SOUTH BURLINGTON CITY CENTER, LLC, a Vermont limited liability company with its principal place of business in Burlington, Vermont (“Grantor”), in consideration of the sum of Ten and More Dollars, paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a municipality located in the County of Chittenden and State of Vermont (“Grantee”), by these presents, does freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns forever, a parcel of land for the purpose of using and maintaining a public roadway located in the City of South Burlington in the County of Chittenden and State of Vermont described as follows, (hereinafter the “Property”) described as follows, viz: Being a parcel of land for public roadway and related utility and infrastructure purposes depicted as all of Lot N3 containing 0.36 acres, “Future Public Street” on the following plat entitled: “Subdivision Survey Plat, Lands of South Burlington City Center, LLC, Market Street & Garden St., South Burlington, VT,” Sheet PL-1, prepared by Barnard & Gervais, LLC, dated _______________, 2023 and recorded in Map Slides _____ and _____ of the City of South Burlington Land Records (the “Plat”). The Property is a portion of the land and premises conveyed to South Burlington City Center, LLC by Quit Claim Deed of Randall G. Munson d/b/a South Burlington Realty Company dated January 30, 2009 and recorded in Volume 853 at Page 222 of the City of South Burlington Land Records. By accepting and recording this Warranty Deed, Grantee acknowledges that it has received the necessary “as-built” certifications and test results, and has performed the investigations it deems necessary to accept the above-mentioned improvements in their “as is - where is” condition. The Property is subject to: (a) all rights-of-way, easements, conditions and covenants as depicted on the Plat, including an existing driveway easement in favor of the adjacent property owned by Poon Trust, LLC and described in the prior Warranty Deed from South Burlington Realty Corporation to China Lite, Inc. dated November 1, 1983 and recorded in Volume 194 at Page 535 of the City of South Burlington Land Records, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. §§ 601-611, both inclusive; and (b) the provisions of municipal ordinances, public laws, and special acts. Reference is hereby made to the above-mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD the said granted Property, with all the privileges and appurtenances thereto, to the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns, to their own use and behoof forever, and the said Grantor, for itself and its successors and assigns, does covenant with the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns, that until the ensealing of these presents, the Grantor is the sole owner of the Property, and has good right and title to convey the same in the manner aforesaid, that the said Property is FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and it hereby engages to WARRANT and DEFEND the same against all lawful claims whatsoever, except as aforementioned. - 2 - IN WITNESS WHEREOF, SOUTH BURLINGTON CITY CENTER, LLC does hereby execute this Warranty Deed by its Duly Authorized Agent this _____ day of __________, 2023. SOUTH BURLINGTON CITY CENTER, LLC By:___________________________________ Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. On this _____ day of ________________, 2023, personally appeared __________________________, Duly Authorized Agent of SOUTH BURLINGTON CITY CENTER, LLC, to me known to be the person who executed the foregoing instrument, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of SOUTH BURLINGTON CITY CENTER, LLC. _______________________________________ Notary Public – State of Vermont Printed Name: Commission No.: Commission Expires: 1/31/25  IRREVOCABLE OFFER OF DEDICATION This Irrevocable Offer of Dedication (the “Irrevocable Offer”), dated this ____ day of ___________, 2023, is by and between SOUTH BURLINGTON CITY CENTER, LLC, a Vermont limited liability company with its principal place of business in Burlington, Vermont (“SBCC”) and the CITY OF SOUTH BURLINGTON, a municipality located in the County of Chittenden and State of Vermont (the “City”) (collectively, the “Parties”). Background 1. SBCC is the owner of a 5.86-acre parcel of land (the “SBCC Land”) as shown on the following plat entitled: “Subdivision Survey Plat, Lands of South Burlington City Center, LLC, Market Street & Garden St., South Burlington, VT,” Sheet PL-1, prepared by Barnard & Gervais, LLC, dated _______________, 2023 and recorded in Map Slides _____ and _____ of the City of South Burlington Land Records (the “Plat”). SBCC has contracted with Snyder-Braverman Development Company, LLC (“Snyder-Braverman”) to develop the SBCC Land. 2. On ___________________, 2023, the City Development Review Board (the “Board”) approved Snyder-Braverman’s final plat application #SD-23-06 for the subdivision of the SBCC Land into three (3) lots as depicted as Lot N1 (3.71 Acres), Lot N2 (1.79 Acres) and Lot N3 (0.36 Acres) on and in accordance with the Plat (the “Project”). 3. The Project includes the creation of a right-of-way that SBCC will dedicate to the City for roadway and associated infrastructure and utility purposes, depicted on the Plat as “Future Street Right of Wat” (the “Public Roadway”). The terms and conditions of the Board’s final approval, including but not limited to Condition #___, require SBCC to offer to dedicate the Public Roadway to the City. 4. SBCC now proposes to dedicate to the City, the Public Roadway as more particularly described in Exhibit A attached hereto, subject to the terms and conditions set forth herein. N O W , T H E R E F O R E , In consideration of the final approval of the Board and for other good and valuable consideration, it is covenanted and agreed as follows: Section 1. SBCC herewith delivers to the City a Warranty Deed for the Public Roadway, the description of which is set forth as Exhibit A attached hereto, said delivery constituting a formal irrevocable offer of dedication to the City of the Public Roadway, to be held by the City until the acceptance or rejection of such irrevocable offer of dedication by the City. Section 2. SBCC agrees that this Irrevocable Offer is irrevocable and the Warranty Deed may be accepted or rejected by the City in whole or in part at any time. Section 3. This Irrevocable Offer shall run with the land and be binding upon SBCC and its successors and assigns. Section 4. This Irrevocable Offer shall serve as notice to any and all utility companies that the City has an interest in the Public Roadway, which interest shall be first and superior to any easements granted to said utility companies, and all work within the area of the Public Roadway shall be in accordance with the City’s public works standards as they may be amended from time to time. -2- IN WITNESS WHEREOF, the parties hereby execute this Irrevocable Offer as of the _____ day of _________________, 2023. IN PRESENCE OF: SOUTH BURLINGTON CITY CENTER, LLC ______________________________________ By:___________________________________ Witness Duly Authorized Agent CITY OF SOUTH BURLINGTON ___________________________________ By:___________________________________ Witness Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. On this _____ day of ________________, 2023, personally appeared __________________________, Duly Authorized Agent of SOUTH BURLINGTON CITY CENTER, LLC, to me known to be the person who executed the foregoing instrument, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of SOUTH BURLINGTON CITY CENTER, LLC. _______________________________________ Notary Public – State of Vermont Printed Name: Commission No.: Commission Expires: 1/31/25 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At ___________________, in said County and State, this _____ day of _______________, 2023, personally appeared _____________________, Duly Authorized Agent of the CITY OF SOUTH BURLINGTON, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of the CITY OF SOUTH BURLINGTON. _______________________________________ Notary Public – State of Vermont Printed Name: Commission No.: Commission Expires: 1/31/25 Exhibit A PROPERTY DESCRIPTION FOR IRREVOCABLE OFFER OF DEDICATION Being a parcel of land for public roadway and related utility and infrastructure purposes depicted as all of Lot N3 containing 0.36 acres, “Future Public Street” on the following plat entitled: “Subdivision Survey Plat, Lands of South Burlington City Center, LLC, Market Street & Garden St., South Burlington, VT,” Sheet PL-1, prepared by Barnard & Gervais, LLC, dated _______________, 2023 and recorded in Map Slides _____ and _____ of the City of South Burlington Land Records (collectively, the “Plat”). Said parcel of land is a portion of the land and premises conveyed to South Burlington City Center, LLC by Quit Claim Deed of Randall G. Munson d/b/a South Burlington Realty Company dated January 30, 2009 and recorded in Volume 853 at Page 222 of the City of South Burlington Land Records. Said parcel of land is subject to: (a) all rights-of-way, easements, conditions and covenants as depicted on the Plat, including an existing driveway easement in favor of the adjacent property owned by Poon Trust, LLC and described in the prior Warranty Deed from South Burlington Realty Corporation to China Lite, Inc. dated November 1, 1983 and recorded in Volume 194 at Page 535 of the City of South Burlington Land Records, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. §§ 601-611, both inclusive; and (b) the provisions of municipal ordinances, public laws, and special acts. Reference is hereby made to the above-mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description.