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HomeMy WebLinkAboutSD-23-09 - Decision - 0113 Garden Street - SD-23-09_Market Street Lot N_2023-06-20_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. Andy Rowe and Ken Braverman 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. #SD-23-09 2 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 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, #SD-23-09 3 • 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. (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. #SD-23-09 4 That decision will include a condition that this subdivision be approved prior to issuance of the first zoning permit for development. (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. #SD-23-09 5 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 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 #SD-23-09 6 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. 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; #SD-23-09 7 • Zoning district dimensional standards under Appendix C-2; • Transect Zone Building Envelope Standards under Article 8; • 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. #SD-23-09 8 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 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 Dawn Philibert, seconded by John Moscatelli, 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. #SD-23-09 9 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. 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 4 - 0 - 0. Signed this __ day of July 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. 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.