HomeMy WebLinkAboutSD-23-05 - Decision - 0760 Shelburne Road - SD-23-05_760 Shelburne_Bourne_FFD#SD-23-05
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
GARY BOURNE
760 SHELBURNE ROAD
FINAL PLAT APPLICATION #SD-23-05
FINDINGS OF FACT AND DECISION
Combined preliminary and final plat application #SD-23-05 of Gary Bourne to create a General Planned
Unit Development by re-subdividing three existing lots into three new lots of 0.18 acres (Lot 1), 0.14
acres (Lot 2), and 1.06 acres (Lot 3), and constructing a 3,350 sf financial institution on Lot 1, a 6,480 sf
2-story mixed commercial and residential building on Lot 2, and a 3-story 27-unit multifamily building on
Lot 3, 760 Shelburne Road.
The Development Review Board held a public hearing on March 7, 2023, April 4, 2023, June 6, 2023, and
July 18, 2023. Gary Bourne, Lucy Thayer, Jenn Desautels, Kelly Mejia, Alan Spencer, Greg Rabideau, and
Mark Hall 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. The project consists of combined preliminary and final plat application #SD-23-05 of Gary Bourne to
create a General Planned Unit Development by re-subdividing three existing lots into three new lots of
0.18 acres (Lot 1), 0.14 acres (Lot 2), and 1.06 acres (Lot 3), and constructing a 3,350 sf financial
institution on Lot 1, a 6,480 sf 2-story mixed commercial and residential building on Lot 2, and a 3-
story 27-unit multifamily building on Lot 3, 760 Shelburne Road.
2. The owners of record of the subject properties are Gary J. Bourne and 764 Shelburne Road, LLC.
3. The application was received on February 9, 2023.
4. The project is located in the Commercial 1-R15 Zoning District, the Traffic Overlay District, the Transit
Overlay District and the Urban Design-Secondary Node Overlay District.
5. This project consists of three existing lots currently developed with a restaurant, a convenience store
and service station, and an auto & motorcycle service and repair use. Currently all three uses are
vacant. The applicant has received zoning permits ZP-23-042, ZP-23-043, and ZP-22-044 to demolish
the buildings on the three lots. Otherwise, none of the three properties has received any approvals
more recently than 2012.
6. Sketch plan application #SD-22-11 was reviewed by the Board on August 2, 2022.
7. This project can only meet the regulations if it applies for approval as a General Planned Unit
Development. General PUDs are subject to the requirements of 15.C.04 and 15.C.07, as well as site
plan review standards, general provisions, and supplemental regulations as applicable.
8. The plans submitted consist of the following:
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Sheet No. Plan Description Prepared By Last Revised
C0-00 Cover TCE 06/26/2023
C1-00 Legend & Notes TCE 01/20/2023
C1-01 Existing Conditions Plan TCE 02/09/2023
C1-02 Demolition & EPSC Plan TCE 05/15/2023
C2-00 Overall Site Plan TCE 06/26/2023
C2-01 Layout & Materials TCE 06/26/2023
C2-02 Grading Plan TCE 05/15/2023
C2-03 Phasing Plan TCE 06/26/2023
C3-01 Utility Plan TCE 06/26/2023
C4-01 Existing Stormwater Plan TCE 02/09/2023
C4-02 Proposed Stormwater Plan TCE 05/15/2023
C8-01 Site Details TCE 01/20/2023
C8-02 Site Details TCE 02/09/2023
C8-03 Site Details TCE 01/20/2023
C8-04 Water Details TCE 06/26/2023
C8-05 Sanitary Details TCE 01/20/2023
C8-06 Storm Details TCE 05/15/2023
C8-07 Storm Details TCE 01/20/2023
C8-09 EPSC Handbook Page 1 TCE 01/20/2023
C8-10 EPSC Handbook Page 2 TCE 01/20/2023
C8-11 ATM Details TCE 02/09/2023
C8-12 ATM Details TCE 02/09/2023
C8-13 ATM Details TCE 02/09/2023
E1-01 Emergency Vehicle TCE 02/01/2023
LA-1.0 Landscape Plan TCE 05/15/2023
LA-2.0 Landscape Details TCE 01/20/2023
LA-2.1 Site Details TCE 05/15/2023
L1-01 Lighting Plan TCE 05/15/2023
A001 Mixed Use Cover Sheet Rabideau Architects 07/17/2023
A101 Mixed Use First Floor Plan Rabideau Architects 07/17/2023
A102 Mixed Use Second Flor Plan Rabideau Architects 07/17/2023
A103 Mixed Use Roof Plan Rabideau Architects 07/17/2023
A201 Mixed Use Exterior Elevations Rabideau Architects 07/17/2023
A202 Mixed Use Exterior Elevations Rabideau Architects 07/17/2023
A501 Mixed Use Wall Section A Rabideau Architects 07/17/2023
A901 Mixed Use 3D Views Rabideau Architects 07/17/2023
A000 Multi-Family Cover Rabideau Architects 07/17/2023
A101 Multi-Family Garage Floor Plan Rabideau Architects 07/17/2023
A102 Multi-Family First Floor Plan Rabideau Architects 07/17/2023
A103 Multi-Family Second Floor Plan Rabideau Architects 07/17/2023
A104 Multi-Family Third Floor Plan Rabideau Architects 07/17/2023
A201 Multi-Family Exterior Elevations Rabideau Architects 07/17/2023
A202 Multi-Family Exterior Elevations Rabideau Architects 07/17/2023
A501 Multi-Family Wall Section A Rabideau Architects 07/17/2023
A901 Multi-Family 3d View Rabideau Architects 07/17/2023
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A-3 Exterior Elevations TPG Architecture 05/23/2023
A-4 Exterior Elevations TPG Architecture 05/23/2023
A-1 Proposed Plan TPG Architecture 05/23/2023
A-2 Roof Plan TPG Architecture 05/23/2023
SK-001 Colored Elevations TPG Architecture 06/30/2023
S1-01 Plat TCE 02/07/2023
SM-1 Stormwater Maintenance Plan TCE 05/23/2023
A) SUMMARY OF THE BOARD’S AUTHORITY TO WAIVE OR MODIFY STANDARDS
The applicant has requested a modification or waiver for each dimensional standard of the LDR. As a
preamble to discussion of the applicant’s requested modifications and waivers, the following is a
summary of the ability of the Board to waive or modify standards.
Article 15.C describes the authority of the Board in granting PUD approval:
15.C.01A. Authority
(1) The Development Review Board (DRB) has the authority under 24 VSA § 4417 to review, and to
approve, to approve with modifications and conditions, or to disapprove an application for a
Planned Unit Development (PUD).
(2) The DRB also has the authority to modify the Land Development Regulations in association with
PUD review, subject to the standards and conditions for Planned Unit Development, as specified
by PUD type under this Article, in support of more efficient, compact, walkable, and well-
planned forms of residential neighborhood, mixed use, and infill development, and the
permanent conservation of resource lands and other open space. [emphasis added]
(a) In addition to modifications or waivers intended to accommodate site constraints under
Section 15.A.01 of the subdivision regulations, this may include modifications of underlying
zoning and subdivision regulations pertaining to blocks, building lots, building types,
allowed densities of development, and the type and mix of allowed uses.
(b) This may also include DRB review and approval of alternative forms of compliance with
applicable PUD standards under Section 15.C.04.
The specific parameters of the modifications enabled in a General PUD are contained within 15.C.07G.
15.C.07(G). General PUD Dimensional Standards.
(1) Relevant subdivision, site plan, zoning district, and applicable overlay district dimensional
standards shall form the basis of the design of a General PUD and shall apply unless modified,
reduced, or waived by the DRB under (2) below.
(a) The DRB must find an application meets the requirements of 15.C.07(G)(2) in order to
modify, reduce, or waive Site Plan requirements using 14.04(A)(3), Site Plan application
requirements using 14.05(G), Subdivision requirements using 15.A.01(B)(3), Scenic Overlay
District requirements using 10.02(I)(2), (J), and/or (K).
(b) The DRB has authority to allow alternative compliance under 15.C.04(C)(3).
(c) Height restrictions may be modified, reduced, or waived in underlying zoning districts
identified in 3.07(D)(2) by the DRB under (2) below, except as noted in 15.C.07(C)(2)(b)
above. The standards of review in 3.07(D)(2) shall apply.
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(d) The DRB cannot modify, reduce, or waive standards as listed in 15.C.07(A)(3).
(2) In response to the existing or planned Development Context in the Planning Area, the DRB
may modify, reduce, or waive one or more applicable dimensional standards as necessary to:
(a) Accommodate reductions in the available area associated with infill or redevelopment,
that result in insufficient acreage to meet applicable dimensional standards; or
(b) Allow for more creative and efficient subdivision and site layout and design that
advances the purposes of the underlying zoning district and/or the goals of the
Comprehensive Plan, particularly in response to existing site limitations that cannot be
eliminated; or
(c) Ensure that the pattern and form of proposed development is compatible with existing
or planned Development Context in the Planning Area determined under 15.C.07(F) and to
Transition Zone standards in 15.C.04(E); or
(d) Allow for greater energy efficiency, use of alternative energy, green building design, or
otherwise furthering of the South Burlington City Council’s Resolution on Climate Change
dated August 7, 2017.
(3) Context shall be determined by the existing or planned Development Context in the Planning
Area under Section 15.C.07(F) and (G).
Within a General PUD, 15.C.07A describes limitations on the Board’s authority to modify standards:
15.C.07A. Authority and Limitations.
(1) The Development Review Board (DRB) has the authority under 24 VSA § 4417 to review, to
approve, to approve with modifications and conditions, or to disapprove an application for a
Planned Unit Development (PUD), as further described in Section 15.C.01.
(2) Limitations on DRB authority under 14.04(A)(3)(b) apply.
(3) In addition, in no case shall the DRB vary:
(a) Density restrictions and/or allow an increase in overall density except as authorized via
use of Transferrable Development Rights or via Inclusionary Zoning.
(b) Requirements of the Urban Design Overlay District and Transit Overlay District, as
applicable.
(c) Applicable lot coverage and/or building coverage maximums allowed within each
zoning district, as measured across the PUD as a whole, except as authorized via use of
Transferrable Development Rights.
(d) Environmental Protection Standards under Article 12, except as authorized within that
Article.
(e) Parking and building location requirements in Section 14.06(A)(2), except as authorized
within that Section.
15.C.04(C) provides additional information pertaining to modification of standards via a separate tool,
alternative compliance:
15.C.04(C)(3) Alternative Compliance. One or more PUD dimensional and design standards under
this Article may be modified at applicant request for an alternative form of compliance, subject to
separate DRB review and approval, to provide the flexibility necessary to address unique site
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conditions or constraints; to enable compatibility with existing or planned development in the
vicinity; or to allow for exceptional and innovative design. Note that alternative compliance does
not constitute an exemption from a PUD standard. Allowed modifications include proposed
functional or design alternatives that may be considered in place of a specific requirement under
this Article, only if the intent of the requirement is met or exceeded. In approving a request for
alternative compliance, the DRB must find that the proposed alternative:
(a) Conforms to the intent, description, and defining characteristics of the selected PUD type(s);
(b) Achieves the intent of the PUD standard to be modified;
(c) Results in development that is equivalent or demonstrably superior in function, design, and
quality to that required under the standard to be modified; [emphasis added] and
(d) Does not adversely impact properties, uses or facilities within, adjacent to, or in the vicinity
of the planned development (e.g., regarding walkability, traffic, parking, drainage).
The DRB in approving an alternative form of compliance may attach conditions as necessary to
ensure compliance, or to mitigate any adverse impacts resulting from a proposed alternative.
This option is separate from the authority granted for standards of the underlying zoning district to be
modified in a PUD; it has greater applicability (to include design standards in addition to dimensional
standards) and established as an opportunity to demonstrate how a different standard can better meet
the intent of the Regulations. The underlined section (c) above describes additional requirements for the
Board to modify a standard: Modified standards must result in development that is equivalent or
demonstrably superior in function, design, and quality to that required under the standard to be modified.
The Board may require additional conditions to mitigate adverse impacts resulting from a proposed
alternative.
In summary, the Board may only grant a modification for cause, and the modification must result in
better compliance with the objectives of the LDR.
B) ZONING DISTRICT AND DIMENSIONAL REQUIREMENTS
5.01A Commercial 1 – C1 Zoning District Purpose.
A Commercial 1 District is hereby formed in order to encourage the location of higher-intensity
residential, retail, office, and vertically mixed uses in a manner that serves as or enhances a compact
central business area. Other uses that would benefit from nearby access to a central business area,
including clustered residential development and small industrial employers, may be permitted.
Warehouses, major industrial employers, and incompatible industrial uses shall not be permitted.
Urban design supporting a transition for these areas from a suburban environment to compact centers
is encouraged.
15.C.07B General PUD Description, Purpose, and Characteristics.
A General PUD is a type of planned development that allows for relief from the strict dimensional
standards for individual lots in order to encourage innovation in design and layout and efficient use of
land consistent with the Comprehensive Plan. Defining characteristics of a General PUD include well-
planned, -sited, and -designed development projects that:
Conform to the goals in the City of South Burlington Comprehensive Plan and South Burlington
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City Council’s Resolution on Climate Change dated August 7, 2017.
Support and enable affordable housing development.
Contribute to the City’s economic vitality, in response to changing markets and consumer
demand, by providing needed housing, goods, services, and employment opportunities.
Redevelop underperforming properties and commercial strips (retrofits), contaminated sites
(brownfields), and large expanses of parking (gray fields) into more compact forms of
walkable, pedestrian-oriented, mixed-use development.
Extend or re-establish existing street, sidewalk, and recreation path connections.
Incorporate a density of development that supports walkable residential, mixed use, and
transit-oriented development, compatible in design with the surrounding area.
Improve the physical appearance, walkability, and amount of civic and green space within
existing residential neighborhoods, commercial centers, and commercial strip development.
Introduce missing or complementary uses, facilities, services, amenities, or civic space
intended to serve the immediate and surrounding area.
Foster context-sensitive transitions among and between neighborhoods, commercial areas,
mixed use areas, civic spaces, and natural resource areas.
The Board has included these purpose statements for the underlying district and the General PUD as
they inform the Board’s objectives in evaluating this proposed Planned Unit Development.
Dimensional Requirements
Commercial 1-R15
Zoning District
Required Proposed
Lot 1
Proposed
Lot 2
Proposed
Lot 3
Proposed
Overall
@ Min. Lot Size 40,000 sq.
ft.
8,054 sq. ft. 6,287 sq. ft. 46,359 sq.
ft.
60,700 sq.
ft
@ Max. Building
Coverage
40 % 41.6% 51.5% 22.9% 28.4%
@ Max. Overall
Coverage
70 % 63.2% 77.6% 76.8% 75.1%
@ Min. Front
Setback, Urban
Design Overlay
20 ft. 10 ft. 13 ft. 73 ft. N/A
@ Min. Side Setback 10 ft. 7.4 ft. 9.9 ft. 10.7 ft N/A
@ Min. Rear Setback 30 ft. N/A 10 ft. N/A N/A
@ Max. Front
Setback Coverage,
Shelburne Road
30% 0% 4% 44% 40.3%
@ Max. Front
Setback Coverage,
Swift St
30% 0% N/A 37.6% 53.1%
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@ Max. Height 5 stories
max,
Appearance
of 2 stories
min
1 story 2 stories 3 stories N/A
√ Zoning Compliance
@ Modification or Waiver Requested
Lot Size
The applicant has requested modification of minimum lot size from 40,000 sf to less than 6,300 sf. This is
to allow the creation of three buildings, two of which are proposed to be under 6,000 sf, on what would
otherwise be required to be developed as a single lot with a single principal structure. While the Board
does not have concerns about the reduction in lot size specifically, the Board has reviewed the project
against the objective of creating a singular cohesive site rather than three distinct sites.
Height
Buildings within the Urban Design Overlay secondary node are required to have the appearance of at least
two stories. All three buildings are located within the urban design overlay, and therefore must have the
appearance of at least two stories. 10.05D(3) states “buildings with a GFA of less than 6,000 SF may be
one story.” However, the Board finds that since the minimum lot size in the zoning district, and indeed in
all of the Urban Design Overlay, is 40,000 sf, it can be inferred that this exception is to accommodate
existing small lots; it is not intended as a loophole that would allow projects to avoid the required height
minimum by requesting modification of the minimum lot size. If the applicant were not requesting a
modification to reduce the minimum lot size by approximately 80% of the required minimum lot size, a
larger building would be necessary to make economic sense, for which no exception to the required
appearance of two stories exists.
On April 4, the Board directed the applicant to make at least a portion of the building on Lot 1 have the
appearance of two stories. The applicant has proposed false second-story windows with shadowboxes
behind them on sheet SK-001 dated 6/29/2023. The applicant has not updated the remainder of the
architectural plans for Lot 1 to reflect these updates. The buildings on lots 2 & 3 are two-plus stories
therefore the Board finds minimum height requirements are met. The Board finds the building on Lot 1,
as revised, meets the minimum appearance of having two stories within the context of the entire site.
the Board finds that the remaining plans for Lot 1 must be updated prior to issuance of a zoning permit.
Building Coverage
The applicant has requested a waiver of maximum building coverage for two lots, though taken together,
the building coverage for the PUD would be below the building coverage for the district. The Board
approves the requested lot-by-lot building coverage waiver.
Lot Coverage
The applicant has proposed to increase lot coverage above the maximum allowable in the zoning district
through the use of additional on-site open/civic space in 10.05E. This is analyzed under Urban Design
Overlay below.
Front Setback and Front Setback Coverage on Shelburne Road
The applicant has proposed reduced front setbacks and increased setback coverage compared to the
standards of the zoning district. Because the property is located within the urban design overlay (UDO),
front setbacks are 20-ft instead of the standard 30-ft for the C1-R15 zoning district. The applicant is
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proposing front setbacks as small as 10 feet. In addition, the non-building front setback coverage is
proposed to exceed the allowable of 30%. Non-building coverage within the required front setbacks
consists largely of driveways, the drive-through drive lane, walkways and retaining walls.
Given the prominence of the site, improved walkability, and transit orientation of the proposed buildings,
the Board finds the reduced front setback results in a project which better meets the applicable standards
and approves the requested waiver for the proposed site configuration.
On Swift Street, the proposed front setback coverage is 53.1%. The applicant has argued that since Lot 3
contains a multifamily building, front setback coverages do not apply to that lot. The Board finds front
setback coverages apply to the lot because it contains non-residential uses, including a drive through ATM,
parking, and driveways supporting the non-residential uses, and because its is part of a mixed-use PUD.
The Board finds the requested front setback coverage on Swift Street to be not acceptable and denies the
requested front setback coverage waiver because it is in part for the purpose of a prohibited drive-through
ATM. Since it is not possible to know what the site design and resulting coverage would be without the
drive-through, the Board makes no statement as to whether the proposed coverage would be acceptable
If the drive-through ATM were not present.
Front setback coverage on Shelburne Road is proposed to be 40.3% overall. The coverage largely consists
of sidewalks and retaining walls. The Board approves the applicant’s requested modification for front
setback coverage on Shelburne Road due to the resulting improved walkability and transit orientation.
Side and Rear Setbacks
The applicant has proposed Lots 1 and 2 to have side setbacks slightly less than the required minimum
of 10 ft, and Lot 2 to have a rear setback significantly less than the required minimum of 30 ft. These lot
lines are all internal to the PUD, therefore for Lots 1 and 2 the Board finds the side and rear setback
modifications to be relatively unimportant since the property lines are relatively arbitrary and are not
located to coincide with a site feature.
10.05 Urban Design Overlay District (UDO)
A. Purpose. It is the purpose of the Urban Design Overlay District to recognize the impact of
simple design principles and to reflect a design aesthetic that fosters accessibility and creates civic
pride in the City’s most traveled areas and gateways, while furthering the stated goals of the City’s
Comprehensive Plan. The Urban Design Overlay District aids in fulfilling the City’s vision to enable infill
and conversion development, encourage pedestrian movement, serve local and regional shopping and
employment needs, and make use of existing public transportation. The City intends for the applicable
areas to provide safe and inviting access to adjacent neighborhoods.
The Urban Design Overlay District is located exclusively along Shelburne and Williston Roads.
C. Boundaries & Applicability.
(1) Nodes. These regulations recognize that some areas of a corridor serve or will serve as important
connections, gateways, or areas of activity. As such, a more urban form is desired and, where noted,
required and permitted. Site design and buildings within designated nodes shall provide a
welcoming and safe street presence for all users. Nodes are listed as ‘primary’ and ‘secondary’, and
are mapped and regulated accordingly.
The project is located within a secondary node.
D. Standards. Except where noted herein, the dimensional standards, use, and other standards of
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the underlying Zoning District shall still apply.
(1) Entries. Buildings on subject properties must have at least one entry facing the primary road
in the corridor. Any such entry shall:
All three buildings are proposed to have an entry facing the street.
(a) Be an operable entrance, as defined in these Regulations.
An operable entrance is defined as one which is useable and open to the tenants / owners for
entry and exit. The Board finds entrances shall be operated in a manner consistent with this
definition.
(b) Serve, architecturally, as a principal entry. Front entries shall be a focal point of the front
façade and shall be an easily recognizable feature of the building. Possibilities include accenting
front entries with features such as awnings, porticos, overhangs, recesses/projections,
decorative front doors and side lights, or emphasis through varied color or special materials.
This requirement does not preclude additional principal entry doors.
The Board finds this criterion met for all three buildings.
(c) Shall have a direct, separate walkway to the primary road. This walkway shall be at
least eight (8) feet in width and may meander for design purposes, but must serve as a
pedestrian-oriented access.
Walkways to the street entry for the proposed bank and the proposed multiuse building are 5-ft
wide. The walkway to the multifamily building is proposed to be 4-ft wide. The Board finds the
proposed walkways on Shelburne Road shall be modified to meet the 8-ft width standard, as the
proposed narrower walkways do not result in a project that is demonstrably superior in function,
design, and quality to that required under the standard to be modified.
(2) Glazing. Windows are key to the overall design of a building and the relationship between
its exterior and interior.
(a) For all properties in the Urban Overlay District, a minimum of 75% of glazing shall be
transparent.
100% of glazing is proposed to be transparent. The Board finds this criterion met.
(b) In non-residential uses, first story glazing shall have a minimum height of 7 vertical feet.
This criterion is met.
(c) For residential uses, first story glazing shall have a minimum height of 5 vertical feet.
This criterion is met.
(3) Dimensional Standards
Height Minimum
(Maximums per
underlying zoning
district)
Glazing Features Setback
from ROW
Designated
Primary
Node
2 stories
First stories: minimum of 60%
glazing across the width of the
building facade on primary street;
40% minimum glazing across width
of the façade facing the secondary
street.
Must have
significant
architectural
feature at corner
of corner
building.
Minimum 20
feet
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Designated
Secondary
Node
Appearance of two
stories. Buildings
with a GFA of less
than 6,000 SF may
be one story.
First stories shall have a minimum
of 60% glazing across the width of
the building facade on primary
street; 40% minimum glazing across
width of the façade facing the
secondary street.
Must have
significant
architectural
feature at corner
of corner
building.
Minimum 20
feet
All other
properties
No height
minimums
First stories shall have a minimum
of 40% glazing across the width of
the building facade
Minimum 20
feet
This property, and the street facing facades of all three buildings, are located within a secondary node.
Height and setbacks are discussed above.
Glazing width requirements are met. The Board finds the provided full-height glazing that extends to
the edge of the building and includes protruding horizontal elements on Lot 1 meets the requirement
for a corner feature.
(4) Building Stories, Heights, and Rooftop Apparatus.
(a) Minimum stories of buildings within the Urban Design Overlay District are defined as
per Article 2- Definitions and Section 8.06(F)(1) of these Regulations.
Heights are discussed above.
(b) Section 8.06(G) of these regulations shall apply to rooftop elements of buildings within
the Urban Design Overlay District.
The applicant has provided plans indicating that the buildings are proposed to have rooftop
mechanical equipment. The applicant testified that equipment will be hidden by a parapet on
the commercial and financial institution buildings. The applicant offered to provide sample
screening types for the multifamily building, to be used as the pallet for screening depending on
what type of rooftop equipment is required. Sample screening types were not provided. The
Board therefore finds that rooftop features shall be situated as to be not visible from the street
and does not approve screening as alternative compliance with this criterion. The Board finds
the applicant shall demonstrate that rooftop equipment be screened from view as measured at
6' height from sidewalk directly across from the center of the site along Swift Street and from
sidewalk directly across from center of site along Shelburne Road through the provision of a
view study prior to issuance of a zoning permit for construction.
(5) Landscaping. Projects within the Urban Design Overlay District shall meet minimum
landscaping requirements as per Section 13.04 of these Regulations. Projects are also subject to the
following supplemental standards:
(a) Landscaping which is required elsewhere in these Regulations to serve as a buffer
between properties shall not count towards the minimum landscaping budget.
This criterion refers to lots that are adjacent to residential zoning districts and is not applicable.
(b) For lots with buildings which are set back 50 or more feet from the front lot line, at least
50% of the required landscaping shall be installed between the front building line and the front
lot line.
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This criterion applies to the building on Lot 3, and is closely linked to the location of the project
within an urban design node:
Nodes. These regulations recognize that some areas of a corridor serve or will serve as
important connections, gateways, or areas of activity. As such, a more urban form is
desired and, where noted, required and permitted. Site design and buildings within
designated nodes shall provide a welcoming and safe street presence for all users. Nodes
are listed as ‘primary’ and ‘secondary’, and are mapped and regulated accordingly.
Further, the regulations require the front of the building to face the street. (10.05D: Buildings
on subject properties must have at least one entry facing the primary road in the corridor. Any
such entry shall… serve architecturally as a principal entry. Front entries shall be a focal point
of the front façade and shall be an easily recognizable feature of the building.)
The applicant has demonstrated that 50% of the landscaping required on Lot 3 (based on the
computation in 13.04G) has been provided between the building on Lot 3 and the street. The
Board finds this criterion met.
E. Allowance for Increase Lot Coverage via supplemental On-Site Open/Civic Space or Transferable
Development Rights. For parcels with land underlying the Urban Design Overlay District, the
maximum lot coverage may be increased by up to ten (10) percentage points using one of the
two methods described below. Such allowance shall apply only to the subject lot with land
underlying the Urban Design Overlay District and not any adjacent lots and must be approved
in conjunction with a site plan or Planned Unit Development for the subject lot.
Example: For a lot in a zoning district where the maximum lot coverage as identified in
Appendix C is 70%, the maximum lot coverage for said lot may be increased to 80%.
The applicant is proposing a total lot coverage within the PUD of 75.1%, 5.1% over the maximum
allowable. They are proposing to add additional on-site open/civic space using this allowance.
(1) On-Site Open/Civic Space Option. The applicant shall demonstrate compliance with each of the
following standards as part of any proposal to increase lot coverage under this subsection:
(a) For each additional increment of lot coverage, an area on the site equal to thirty (30) percent of
said increment shall be designated on the site plan for the subject parcel as one or more
Snippets/Parklets and/or Pocket/Mini-Parks as enumerated in Article 11.B;
The additional lot coverage is equal to 3,110 sq. ft. Therefore, the applicant must provide 933
additional sq. ft. of open space in a snippet/parklet or pocket/mini-park than is otherwise required
in 14.06C.
(b) The selected Open/Civic Space type(s) must comply with all requirements and guidelines for the
applicable type in Article 11.B;
(c) All elements of the applicable Open/Civic Space type shall be constructed prior to the issuance
of a certificate of occupancy;
(d) Where elements of such Open/Civic Space type are pre-existing, they may be used to qualify
under this section; and,
(e) Impervious areas within an approved Open/Civic Space shall not be considered lot coverage for
the purposes of these Regulations.
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The applicant is proposing to create additional space in the snippet/parklet open space type,
evaluated below under 14.06C.
Phasing
The project is proposed to be constructed in three phases. The first phase includes the buildings along
Shelburne Road and the base course of the site drive including the connection to Swift Street. The
multifamily building is the second phase. The third and final proposed phase includes the finish coat of
pavement on the driveway.
In a phased project in general, the applicant must obtain a certificate of occupancy for each phase prior
to use of that phase. Since there is nothing to “occupy” with the applicant’s proposed phase three, the
Board finds there would be no incentive for the applicant to complete it. The Board finds the applicant
must consolidate phase 2 and phase 3 into one phase, thus requiring completion of the final coat of
pavement before occupancy of the second building.
The Board asked the applicant to demonstrate that site amenity, bike parking, and landscaping
requirements are met on a phase by phase basis.
Site Amenity Phasing
The required site amenity is calculated as follows.
Required Provided
Phase 1 6,590 sf non-residential x 6% = 396 sf
3 units x 100 sf / unit = 300 sf
890 sf snippet
Phase 2 27 units x 60 sf / unit = 1,620 sf
3,110 additional sf lot coverage in
Urban Design Overlay = 933 sf
1,840 sf snippet
1,900 sf snippet
Total 3,249 sf 4,630 sf
Site amenity is met on a phase by phase basis.
Landscaping Phasing
The required landscaping is calculated as follows.
Required Provided
Phase 1 $51,500 $60,099
Phase 1 + 2 $123, 500 $184,720
Provided landscaping includes hardscape elements of benches and sculptures. Landscaping value is met
on a phase by phase basis.
Bicycle Parking Phasing
The required bicycle parking is calculated as follows.
Required Long-
Term Parking
Provided Long-Term
Parking
Required Short-Term
Parking
Provided Short-Term
Parking
Phase 1 4 4 8 4
Phase 2 27 27 4 8
Total 31 31 12 12
Two of the long-term bicycle parking spaces in Phase 1 are located within an interior room within the
proposed bank building. Users of the racks would have to pass through what appears to be the employee
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break room with their bicycles in order to use the racks. While the LDRs provide limited detail on the
location of long-term bicycle parking, the Board finds the location to be less than ideal and considers a
more accessible location would be one way the applicant could improve the project in light of the
modifications they are requesting as a PUD.
Bicycle racks serving lots 1 and 2 are located just beyond the Lots 1 and 2 property lines on Lot 3. Since
the project is proposed as a PUD, the Board finds off-site bicycle racks may count towards the required
minimum. However, the bike racks serving Lots 1 and 2 (together comprising Phase 1) do not provide the
minimum for those lots (8 spaces required, 4 provided). The applicant has requested a waiver of the
requirement to meet short term bicycle parking for Phase 1 since the requirement will be met on an
overall basis.
The Board finds the requested waiver “results in development that is equivalent or demonstrably
superior in function, design, and quality to that required under the standard to be modified,” and
approves the requested waiver to provide short term bicycle parking as shown on the plans.
Residential Density and 18.01 Inclusionary Zoning
18.01B. Applicability
(2) Covered Development.
(a) Except as otherwise provided in this bylaw, the provisions of this section shall apply in
the locations defined in Subsection (B)(1) (Applicability – Zoning Districts and Locations) to any
development, notwithstanding any phasing of the development, that will result in the creation of
twelve (12) or more total dwelling units through subdivision, Planned Unit Development, new
construction, or the conversion of an existing structure or structures from non-residential to
residential use.
The proposed project is proposed to include 30 dwelling units. The project is therefore subject to the
Inclusionary Zoning minimum requirements.
C. Inclusionary Units
(1) For covered development, at least fifteen percent (15%) of the total dwelling units offered
for rent. Inclusionary Rental Units and at least ten percent (10%) of the total dwelling units offered
for sale, including units offered for sale in fee simple, shared, condominium or cooperative
ownership, shall be Inclusionary Ownership Units. Prior to or upon request for the Certificate of
Occupancy the applicant shall notify the City whether the units will be Inclusionary Rental Units or
Inclusionary Ownership Units so that the City, or its designee, may confirm that the offered rents or
sales prices meet these requirements prior to issuance of the Certificate of Occupancy. In addition:
The applicant is proposing to construct 30 rental units consisting of 1 one-bedroom unit and 29 two-
bedroom units.
The residential base zoning density for the C1-R15 zoning district allows for the construction of 20
units, given the acreage of the property in question (1.39 acres x 15 units per acre = 20.9 units). Of
those 20 units, 15% must be inclusionary rental units, so 3 inclusionary rental units are required. The
applicant therefore is permitted to construct 17 market-rate and 3 inclusionary rental units as per this
section. Offsets and bonus provisions are discussed below.
(2) Inclusionary units required under this section shall be:
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(a) Constructed on site, unless off-site construction is approved under Section
18.01(E)(1)(b) (Off-Site Construction).
One inclusionary unit is proposed in the mixed-use building on Lot 2, and six inclusionary
units are proposed in the multifamily building on Lot 3.
(b) Integrated into the overall project layout and similar in architectural style and
outward appearance to market rate units in the proposed development.
One inclusionary unit will be built as part of the same phase and in the same building as
2 market rate units. 6 inclusionary units will be built as part of the same phase and in
the same building as 21 market rate units.
(iv) Inclusionary units may differ from market rate units with regard to both interior
amenities and amount of Habitable Area. However, the minimum Habitable Area of
inclusionary units shall be 450 square feet for studios, 650 square feet for 1-bedroom
units, 900 square feet for 2-bedroom units and 1,200 square feet for three (3) or more
bedrooms. If the average (mean) area of the Habitable Area of the market rate units is
less than the minimum area required for the Habitable Area of inclusionary units, then
the Habitable Area of the inclusionary units shall be no less than 90% of the average
(mean) Habitable Area of the market rate units.
The applicant has proposed the following unit mix.
14 Two Bedroom Market Rate Units 997 sf
6 Two Bedroom Market Rate Units 992 sf
1 Two Bedroom Market Rate Unit 972 sf
6 Two Bedroom Inclusionary Units 907 sf
1 Two Bedroom Inclusionary Unit 966 sf
1 Two Bedroom Market Rate Unit 992 sf
1 One Bedroom Market Rate Unit 820 sf
Minimum habitable area has been provided.
(vii) The average (mean) number of bedrooms in the inclusionary units shall be no
fewer than the average number of bedrooms in the market rate units. For projects
involving 50 or more dwelling units, the applicant shall provide a revised estimate to
the Administrative Officer at each interval of 50 dwelling units; the revised estimate
shall account for the differences in estimates vs. actuals for the units permitted to date
and shall apply to inclusionary units for which the Administrative Officer has not issued
a zoning permit.
This criterion is met.
F. Offset for Fulfillment of Inclusionary Unit Requirements
(2) To offset an applicant’s fulfillment of this Section’s inclusionary unit requirement is an allotment
of one additional dwelling unit for each required Inclusionary Rental Unit that is constructed.
As per 18.01.C(1) above, the applicant is allowed to construct 20 units (17 market rate and 3
inclusionary). However, 18.01.F(2) allows one additional dwelling unit for each required
inclusionary rental unit constructed. Since the applicant is required to construct 3 inclusionary
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units, they may build 3 additional market rate units as an offset for fulfilling the requirements of
18.01.C(1), for a total of 23 units (20 market rate and 3 inclusionary).
G. Density Bonuses for Exceeding Inclusionary Housing Requirements
(2) When an applicant voluntarily includes, in the base zoning density unit-maximum for the
development, more than the number of inclusionary units required under Section 18.01(C)(1),
then upon the applicant’s request, the development shall receive, in addition to the offset units,
a density bonus. The density bonus shall be one dwelling unit for each voluntary Inclusionary
Rental Unit and two dwelling units for each voluntary Inclusionary Ownership Unit, up to a
maximum density of 50% more than the base maximum density permitted in the zoning district.
Example (4): In a 40-unit rental housing development on a 10-acre plot in a R4 district, the
developer is required to build six (6) inclusionary units. The developer shall receive an offset of
six (6) market rate dwelling units, and the project now includes a total of 46 dwelling units. In
order to receive approval for the maximum 50% density increase (which equates to a maximum
of 14 additional units in this example since the offset units need to be accounted for), the
developer includes an additional fourteen (14) inclusionary units in the base zoning density unit-
maximum (40) for which the developer receives 14 bonus density units. In sum, the total project
includes 60 units, 20 of which are inclusionary (33% of the units) and 40 of which are market
rate (67% of the units).
This section applies to applicants seeking bonus units, which are beyond the 3 offset units
described in (F) above. The Board reviewed and has determined, based on LDR 18.01G(2) and
supported by Example (4), that the applicant must include one inclusionary unit in the base zoning
density unit-maximum for each bonus unit they wish to construct. Therefore in order to construct
30 units total (10 over the base), the applicant must provide in the 20 base (67% of the units) the
three required inclusionary units and an additional 7 inclusionary units, for a total of 10
inclusionary units (33% of the units).
The applicant has argued only 7 inclusionary units are required and has declined to provide the
required 10 inclusionary units.
The Board finds the applicant must revise the inclusionary unit count to 10 by converting three
additional market rate units in the multifamily building, one per floor, in order to achieve the
requested bonus and permit 30 total units to be built. The Board finds these units shall consist
of one per floor in the mixed use building, and the units shall not be modified from what is
shown on the provided plans other than to be inclusionary.
The Board advised the applicant that they may alternatively use Transferable Development Rights
for one or more units, however the applicant has not expressed any inclination to do so. If Transfer
Development Rights were proposed, additional documentation demonstrating compliance would
be needed.
I. Administration and Compliance
(1) Application Requirements. In addition to other submission requirements applicable to proposed
projects specified within this bylaw, applications under this section shall include the following
information:
a) A site or subdivision plan that identifies the number, locations, types, and sizes of inclusionary
units in relation to market rate units;
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This information is summarized above.
b) Documentation supporting the allocation of inclusionary and market rate units, including
inclusionary unit set aside calculations;
This information is summarized above.
c) A description of each unit’s type, floor area, number of bedrooms, estimated housing costs, and
other data necessary to determine unit affordability;
The applicant has indicated that the maximum monthly rent will be limited to one twelfth of 30%
of the targeted HUD Area Median Income (80%) corresponding to two unit bedrooms. The Board
notes the computation of housing cost must include rent and utilities pursuant to 18.01D(1).
d) A list of proposed options, if any, to be incorporated in the plan, as provided for under
Subsection (E) (Developer Options) of this Article;
No alternative compliance options are proposed to be used.
e) Documentation regarding household income eligibility;
The applicant identified that according to the current VHFA income limits, an apartment available
to a family of three at 80% average median income would be $1,935 for a two bedroom. VHFA
income limits are updated annually.
f) Information regarding the long-term management of inclusionary units, including the
responsible party or parties, as required to ensure continued affordability;
The applicant plans to construct and continue to own the project, and units will be rental.
g) Draft legal documents required under this section to ensure continued affordability;
Draft documents have been provided. Prior to issuance of a zoning permit, the applicant must
record these documents in the land records in a form acceptable to the City Attorney.
h) Construction timeline for both inclusionary and market rate units; and
The Board finds the construction of one inclusionary unit in the mixed use building (Phase 1) and
the remainder in the multifamily building (Phase 2) to be acceptable.
i) Other information as requested by the Administrative Officer to determine project compliance
with inclusionary zoning requirements.
The Board finds additional information necessary to determine project compliance with
inclusionary zoning requirements as may be requested by the Administrative Officer shall be
provided prior to issuance of a zoning permit.
I. Administration and Compliance
(2) Application Requirements. In addition to other submission requirements applicable to proposed
projects specified within this bylaw, applications under this section shall include the following
information:
j) Information regarding the long-term management of inclusionary units, including the
responsible party or parties, as required to ensure continued affordability;
The applicant has provided a draft affordable housing covenant. Responsible parties are listed as
the owner of the building.
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k) Draft legal documents required under this section to ensure continued affordability;
The applicant has provided a draft affordable housing covenant that appears to match the form
typically used by the City. The Board finds this criterion to have been addressed.
C) PLANNED UNIT DEVELOPMENT
15.C.04 PUD Standards Applicable to All PUD Types
A. Conformance with the Comprehensive Plan. The proposed PUD must conform to the City’s
Comprehensive Plan in effect at the time of application. Conformance with the plan in this context
means that the proposed PUD must:
(1) Advance any clearly stated plan policies and objectives specific to the type and location of
the proposed development;
The property is located in the southwest quadrant as defined in the Comprehensive Plan. Policies
and objectives specific to this location include safe and inviting access to Shelburne Road from
Adjacent Neighborhoods and promotion of higher density mixed use development along Shelburne
Road. Objective 54 of the 2016 Comprehensive Plan states: “Promote higher-density, mixed use
development and redevelopment along Shelburne Road and foster effective transitions to adjacent
residential areas." The Board finds this specific objective to be met.
Access is discussed below under site plan review standards. Density is discussed above under
dimensional standards.
(2) Incorporate preferred settlement patterns, including future land uses, densities and
intensities of development referenced in the land use plan, as implemented through planned unit
development provisions specific to each PUD type.
Planned land use is medium to higher intensity mixed use development.
(3) Incorporate, as applicable, planned facilities, services and infrastructure identified in the
utilities and facilities plan, as implemented under the City’s adopted Capital Improvement Program
(CIP) and Official Map.
The applicant is proposing to extend the existing recreation path along Swift Street to Shelburne Road.
Compatibility with that recreation path is discussed below.
B. Conformance with the Master Plan. Each phase of a PUD developed in one or more phases must
conform to the PUD Master Plan, as approved or amended by the DRB under Article 15.B, including the
approved development plan, phasing schedule, buildout budget, management plan, and any associated
development agreements or conditions of master plan approval.
All PUDs are subject to master plan review unless the DRB waives the requirement. The Board may waive
this requirement for a PUD of less than four acres to be developed in a single phase of no more than three
years.
The Board finds that master plan is waived for this application.
C. Compliance with Regulations.
This standard is excerpted under Board Authority above as 15.C.04(C). In order to grant modification of
a standard, the Board must find the development is equivalent or demonstrably superior in function,
design, and quality to that required under the standard to be modified.
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D. Development Density.
(1) Intent. A Planned Unit Development is intended to accommodate within a designated
Development Area typically higher effective densities of development than the underlying zoning
district may allow, as necessary to accommodate:
(a) The clustering of development to conserve resources identified for protection;
(b) A more efficient and cost-effective use of land, facilities, services, and infrastructure;
(c) Densities that support a walkable, pedestrian-oriented pattern of development; or
(d) Transit-supportive densities of development along existing and planned transit routes.
The Board finds this criterion to be largely designed to apply to larger PUDs and not applicable here.
(2) Within a PUD, the overall density and intensity of development shall be determined based
on the total Buildable Area included within designated Development Areas, as shown on the PUD
Master Plan; and land use allocations, PUD density and dimensional standards, and allowed
building types and standards as specified by PUD type.
Buildable area, land use allocations, and building types are not relevant concepts for General PUD
types. Dimensional standards are discussed above.
(3) Buildable Area. As there are no identified natural resource constraints and no proposed
public rights-of-way on the property, the buildable area is equal to the total land area.
(4) Land Use Allocations. Not applicable.
(5) Minimum (Base) Density.
(6) Nonresidential Base Density.
(7) Maximum Development Density.
Minimum and maximum density are not applicable concepts for General PUD types; requirements of
the underlying districts apply.
E. Transition Zone. A PUD may also incorporate one or more transition zones along PUD or
property boundaries, as indicated on the PUD Master Plan and delineated on preliminary and final
subdivision plans, to include the minimum land area necessary to either extend and integrate
compatible, complementary forms of planned development, or to separate and buffer conflicting,
incompatible forms of planned development, in relation to existing and planned development in the
vicinity of the PUD.
The applicant has provided the required context analysis which has been used to evaluate compliance
with this criterion.
(a) The “Transition Area” for purposes of analysis, must at minimum incorporate the
prevalent pattern of development directly adjacent to and within the vicinity of the PUD,
including the relative layout, type and density of existing and planned development (e.g.,
street, block and lot configurations, building placement and height); existing and planned
transportation and infrastructure connections; traffic patterns; public facilities and services;
and civic space, resource land and other designated open space areas located within one-
quarter to one-half mile of PUD boundaries, depending on the development context.
The applicant describes the prevalent development pattern by quadrant, with the residential
neighborhoods to the south east having 1/4 to 1/3 acre lots with 25 – 30 ft setbacks, Swift Street
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having lots in the 0.5 to 1.5 acre range with 20 – 30 ft setbacks, and the commercial lots on Shelburne
Road being varied in size with generally larger setbacks of 80 ft or greater.
Building heights in the project vicinity vary from single story to two story, with some newer buildings
on Swift Street from three to four stories tall.
(b) Acceptable design techniques and modifications applied within a Transition Zone,
subject to DRB review and approval, include but may not be limited to:
(i) Avoiding incompatible land uses along PUD boundaries, for example by ensuring
that similar, or compatible, complementary uses are located on facing blocks or lots, and
incompatible uses abut rear lot lines or are otherwise separated by buffers or open space.
(ii) Using existing natural features, such as changes in topography, waterways, or tree
stands to visually screen or functionally separate different forms and intensities of
development.
(iii) Modifying street and block dimensions and standards as necessary to connect with
or to extend adjoining street, block, and path networks.
(iv) Using streets and streetscape elements to visually define transitions and to
functionally integrate or separate different forms and intensities of development.
(v) Matching the relative density or intensity of adjoining development along PUD
boundaries by adjusting or averaging lot dimensions (frontage, depth); building orientation
and spacing (front, side setbacks); or building height (step downs, upper floor step backs)
within the transition zone.
(vi) Introducing and designing civic or other open space areas (e.g., greenbelts, parks,
greens, squares, or plazas) to visually define transition areas, and to functionally integrate
or separate different forms and intensities of development.
(vii) Incorporating greenbelts or vegetative buffers and screening of sufficient width and
density to visually and functionally separate incompatible forms and intensities of
development.
The Board finds this criterion to be largely designed to apply to larger PUDs and not applicable here.
Nonetheless, the Board finds the scale of the proposed development to largely compliment the
adjoining area, and considers no reservation of land for transitions to be necessary. Discussion of
required cross-lot connections is included under LDR 13.02F below.
F. Allowed Uses. Allowed uses within a PUD, unless otherwise expressly allowed or prohibited by
PUD type, include any use listed in Appendix C as a permitted or conditional use in the underlying zoning
district(s) that can be accommodated within, or in association with, designated land use allocations and
allowed building types.
(1) Conditional uses allowed within the underlying zoning district shall be considered permitted
uses within a PUD. Separate conditional use review and approval shall not be required.
Not applicable.
(2) Given the emphasis on compact, walkable forms of residential and mixed use development
within a PUD, auto-oriented uses, building types, and facilities, including uses that require expansive
onsite parking, are generally precluded from locating within a PUD, unless specifically designed to
emphasize a pedestrian scale and orientation of development fronting on and accessed from the
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adjacent street, for example by locating shared parking facilities to the rear of the building, as
accessed from a side street. New drive-through facilities are prohibited from locating within a PUD.
Shared parking is provided, and as discussed above under Urban Design Overlay, the project broadly
emphasizes a pedestrian scale and orientation.
However, the proposed project includes a drive through facility. A drive through facility is defined as
follows:
Drive-through. An establishment or structure which by design, physical facilities, service, or by
packaging procedures encourages or permits customers to receive services, goods, or be
entertained while remaining in their vehicles. A drive through shall include all components
thereof, including any outdoor menu boards, order windows or service windows.
The applicant has requested modification of the above-stated prohibition on new drive-throughs on
the basis that an ATM would be permitted if the project were not a PUD and the proposal to
develop the project as a PUD enhances the project. The election to create a PUD is the applicant’s;
this PUD standard specifically prohibits drive-through ATMs. The Board has evaluated each of its
authorities to modify PUD standards and finds that the inclusion of a drive-through ATM is not a
permitted modification because of its failure to meet any of the tests of necessity described in
15.C.07(G)(2). Specifically,
(a) the drive-through is not necessary to accommodate reductions in available area. The
project site could be successfully developed with a financial institution, a mixed-use building,
and a multifamily building without the use of a drive-through ATM,
(b) the drive-through does not result in more creative or efficient site design, and in fact
increases coverage and reduces pedestrian walkability by creating multiple vehicular pathways,
(c) the drive-through does not contribute towards compatibility with the planned
development context, as the planned pattern of development in the context area is focused on
a close relationship between buildings and the street, and
(d) the drive-through does not contribute towards energy efficiency.
In fact, the Board finds the proposed drive-through ATM fails to achieve the intent of the standard
requested to be modified, detracts from pedestrian walkability by creating multiple vehicular
pathways, and fails to “result in development that is equivalent or demonstrably superior in
function, design, and quality to that required under the standard to be modified” and therefore it
cannot be permitted. The Board finds this criterion not met.
G. PUD Dimensional Standards. PUD dimensional standards, where applicable by PUD type, define
a range of block, lot, and building height dimensions which are intended to provide, within defined
parameters, some flexibility in the overall pattern of development specific to each type. Where PUD
standards vary from associated building type standards, the upper and lower PUD dimensional limits
(maximum and minimum) limits shall apply.
Dimensional standards for a General PUD are those of the underlying zoning district. As described above,
within a General PUD, the Board may modify dimensional standards as necessary to ensure the proposed
development is compatible with the Development Context and to better advance the purposes of the
underlying zoning district and/or the goals of the Comprehensive Plan.
H. Street, Building, and Civic Space Types. Not applicable in General PUDs.
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I. Solar Siting Preferences. Applicants are encouraged to incorporate renewable energy facilities,
and in particular roof- or ground-mounted solar energy facilities that are compatible with PUD layout
and design, as specified by PUD type. Any areas reserved for ground mounted solar installations serving
the development must be indicated on the PUD Master Plan and depicted on preliminary and final
subdivision plans.
Renewable energy standards are described in LDR 3.18 and include the requirement for solar-ready roof
design in accordance with the Vermont Residential Building Energy Standards (RBES) and Vermont
Commercial Energy Standards (CBES).
3.18C(1)New commercial buildings subject to this Section for which a complete application is
submitted following the date these Regulations become effective, shall be required to meet the
standards of Appendix CA: – Solar-Ready Zone of the Commercial Building Energy Standards as
prepared and revised by the Vermont Public Service Department.
The applicant has provided rooftop plans demonstrated how the standards of Appendix CA will be met
for the two smaller buildings. The City’s current regulations require installation of a solar array for
buildings subject to Appendix CA of the CBES at the time a zoning permit is issued.
J. PUD Design Standards. A proposed PUD must also incorporate and comply with design
standards specific to that PUD type, except as allowed in association with a form of Alternate
Compliance approved by the DRB under 15.C.04(C).
General PUD standards are discussed immediately below.
15.C.07 General PUD
G. General PUD Dimensional Standards.
General PUD dimensional standards are the underlying subdivision, site plan, zoning district, and
applicable overlay district standards. This section of the LDR pertains to the DRB’s authority for
modification of zoning district standards, and is excerpted at the beginning of this document
under DRB authority.
H. Development Density.
(1) Development Density regulations and definitions included in Section 15.C.04(D) shall
apply to General PUDs.
(2) Development density within a General PUD is determined by maximum development
density in the underlying zoning district, except as follows.
(a) Density can be re-allocated within the PUD area within single zoning districts;
(b) Additional density may be achieved through either or both Inclusionary Zoning and
application of Transferrable Development Rights where specifically authorized by and as
regulated by Section 18.01 or Article 19.
Compliance with allowable density has already been discussed under 18.01 Inclusionary Zoning
above.
I. General PUD Design Standards
(1) Design Standards, Generally. The design for a General PUD shall comply with existing
Site Plan, Subdivision, and Overlay District regulations and standards, but may allow for
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variations from applicable regulations that respond to and incorporate the development
context within the Planning Area and under the specific circumstances listed in Section
15C.09(G)(4).
The Board finds no additional discussion of this criterion to be necessary.
(2) Streets. Not applicable
(3) Parking. Parking design and building location requirements applicable in all underlying
zones and districts apply to General PUDs, including all requirements in Section 14.06(A)(2).
Parking design and location is discussed under 14.06A(2) below.
(4) Buildings. Buildings and associated building lots within a General PUD must be
compatible with the development context in the Planning Area as described under Section
15.C.07(F) and (G).
Buildings, and their compatibility with the context analysis, are discussed under 14.06B below.
(5) Civic Spaces and Site Amenities. Civic Spaces and/or Site Amenities must be compatible
with the existing or planned development context. General PUDs must comply with applicable
Civic Space and/or Site Amenity requirements in Subdivision (Section 15.A.16(B)(4)) and Site
Plan (Section 14.06(4)).
Civic spaces are discussed under 14.06C below.
(a) Section 15.A.16(C)(4) requirement for minimum 10% of the total buildable area to be
civic space lots apply to General PUDs only for PUDs that involve subdivision of land
resulting in three (3) or more lots, not including the resulting lots that only contain civic
space(s).
15.A.16(C)(4) only applies to lots over two acres in size. This criterion is not applicable.
(b) In a General PUD, Civic Spaces required under Subdivision Regulations (Section
15.A.16(C)(4)) and under Site Plan Regulations (Section 14.06(4)) can be satisfied by a
combination of Civic Spaces, Site Amenities, or a combination, applied across the PUD area.
(6) Housing Mix. In a General PUD with more than four (4) residential dwelling units, a mix
of two or more dwelling unit types (as allowed within the applicable zoning district) must be
provided as described by Section 15.A.17. Types of dwelling units are differentiated by either
housing type under Article 11.C or, within multi-family structures with more than four (4)
dwelling units, by number of bedrooms per unit.
Multifamily structures are provided. Within the multifamily structure, all of the units are
proposed to be two bedroom. One of the units in the mixed use building containing three
units is proposed to be one bedroom, while the remaining two are two-bedroom. In this case,
because of the surrounding context and because of the market demand for higher bedroom
count units, the Board finds the proposed unit mix to be acceptable.
D) SITE PLAN REVIEW
14.06 General Review Standards
Except within the City Center Form Based Code District, the following general criteria and standards
shall be used by the Development Review Board in reviewing applications for site plan approval. They
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are intended to provide a framework within which the designer of the site development is free to
exercise creativity, invention, and innovation while improving the visual appearance of the City of South
Burlington. The Development Review Board shall not specify or favor any particular architectural style
or design or assist in the design of any of the buildings submitted for approval. The Development Review
Board shall restrict itself to a reasonable, professional review, and, except as otherwise provided in the
following subsections, the applicant shall retain full responsibility for design.
A. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from
structure to structure, and to provide for adequate planting, safe pedestrian movement, and
adequate parking areas. The DRB shall consider the following:
(a) Street Frontage. Maintain internally-consistent building setbacks and landscaping
along the street.
The setbacks along Shelburne Road are inconsistent with adjoining properties and inconsistent with
planned development patterns (i.e., the 20-ft zoning district setback). However as noted above under
dimensional standards, the Board finds the reduced front setback allows the project to better meet
other applicable standards.
(b) Building Placement, Orientation. Maintain or establish a consistent orientation to the
street and, where a prevalent pattern exists, shall continue the manner in which the site’s existing
building foundations relate to the site’s topography and grade.
The Board considers the building orientation and placement to be consistent with the planned pattern
of development.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between
existing, planned or approved development, and proposed development.
As discussed above under 15.C.04 PUD Standards Applicable to All PUD Types, the Board considers
the scale of the proposed development to largely compliment the adjoining area.
(d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability
within the area proposed for development.
The Board finds the proposed site configuration addresses this consideration.
(e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible
within the context of the overall standards of these regulations.
Buildings are proposed to have flat roofs, and must comply with Appendix CA of the Commercial
Energy Code pertaining to solar ready roofs. The Board considers this requirement adequately
addresses this consideration.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a
public street shall be considered a front side of a building for the purposes of this subsection.
The Board finds this criterion met.
(b) Not applicable
(c) Parking area width. Surface parking areas and affiliated drive aisles located to the side
of buildings shall not exceed the width of building(s), Civic Spaces, and Site Amenities along any
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street frontage. This may be calculated separately or cumulatively for corner lots. Parking approved
pursuant to 14.07(B)(2)(b) shall be exempt from this subsection.
The Board finds this criterion met.
(d) Not applicable
(3) Without restricting the permissible limits of the applicable zoning district, the height and
scale of each building shall be compatible with its site and existing or anticipated adjoining buildings.
Height is discussed above under dimensional standards. The Board finds that the proposed building
scale is compatible with planned development, but a single large building would also be compatible.
B. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common materials and
architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers,
screens and visual interruptions to create attractive transitions between buildings of different
architectural styles.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing
buildings and roads in the vicinity that have a visual relationship to the proposed structures.
(3) To accomplish (1) and (2), the DRB shall consider:
(a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development
defined by the planned or existing street grid, block configurations, position and orientation
of principal buildings, prevalence of attached or detached building types.
No new streets are proposed. As described by the applicant, there is a mix of building types
in the area defined by the context analysis, and buildings are generally oriented to the street,
a pattern of development continued by this proposed development. The Board finds this
consideration to be addressed.
(b) Architectural Features. Respond to recurring or representative architectural features
that define neighborhood character, without adhering to a particular architectural style.
If the same architectural style as is proposed for Lots 1 or 2 were proposed for a single building
on the whole PUD, for instance, the Board would consider it to be incompatible, but the Board
finds the proposed buildings to have an appropriate level of architectural detail for their scale
and to be consistent with the neighborhood.
(c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side
and back yard areas through context sensitive design.
In consideration for future redevelopment of the adjoining site, and in consideration of the
fact that there is insufficient room to provide significant screening, the applicant has provided
a revised east elevation that includes building bump outs and step backs as well as varied
siding materials. The Board finds this consideration to be addressed.
C. Site Amenity Requirement
(3) The required area shall be:
(a) For Non-Residential development, a minimum of 6% of non-residential building gross
floor area.
(b) For Residential development, determined by number of units as:
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(i) For fewer than 10 units, 100 square feet per unit;
(ii) For 10 to 19 units, 85 square feet per unit; or
(iii) For 20 or more units, 60 square feet per unit.
The required site amenity is calculated as follows.
6,590 sf non-residential x 6% = 396 sf
27 units x 60 sf / unit = 1,620 sf
3 units x 100 sf / unit = 300 sf
In addition, the proposed 3,110 sf lot coverage beyond the maximum allowable 70% requires an
additional 933 sf of site amenity.
Total required site amenity = 3,249 sf
The applicant has proposed for the site amenities to be shared through the PUD. Site amenities are
proposed to be along the west façade of the multifamily building (1,840 sf) between the building and
the parking lot, along the north of the multifamily building (1,900 sf) and between the buildings on Lots
1 and 2 (890 sf). The latter site amenity is split between two lots. Site amenities total 4,630 sf.
The site amenities are proposed to be of the type “snippet/parklet.” This type is a small sitting area
clearly intended to provide a welcoming respite between or adjacent to buildings. It must be between
600 and 4,000 sf, directly adjacent to the public right of way or sidewalk or an operable building entry.
Seating must be the main focus of the space, be present year-round, and be composed of high quality
materials. Fixed seating is required. Landscaping is also a primary component of the space, and must be
carefully landscaped in a higher proportion than larger spaces. Landscaping should not interfere with
seating, but instead complement it. Spaces should appear warm and inviting and permanent rather
than temporary.
With respect to the northern space, the Board finds the space itself to not meet the landscaping
requirement, but that it is nested within a heavily landscaped area. The Board finds the criteria met for
all three spaces.
14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply:
A. Environmental Protection Standards. All proposed development shall be subject to the
applicable requirements of Article 12, Environmental Protection Standards.
None of the resources identified in Article 12 exist on the site.
B. Site Design Features. All proposed development shall comply with standards for the placement
of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting,
and other applicable standards related to site design pursuant to these Land Development Regulations.
These standards are contained in Article 13 and are discussed below.
C. Access and Circulation. All proposed development shall comply with site access and circulation
standards of Section 15.A.14.
The Board’s feedback at sketch emphasized that the project should not create an attractive cut-through
between Shelburne Road and Swift Street. The Board finds the proposed configuration supports this
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objective by visually screening the connection from view of Shelburne Road. The Board also supports
the location of the Swift Street driveway on the far east of the site.
The Director of Public Works and Deputy Director of Capital Projects reviewed the provided plans on
2/22/2023 and offer the following comments.
1. The Swift Street ROW is owned by the City of South Burlington. The applicant is reminded that
they will need to obtain a ROW permit from the department of public works before completing
any work in this ROW.
2. The Shelburne Road ROW is owned by the State of Vermont. The applicant is reminded that they
will need to obtain a section 1111 permit from VTrans before completing any work in this ROW.
The applicant has provided a copy of their correspondence with VTrans demonstrating that
VTrans approves of the project concept, although they no longer issue formal letters of intent.
3. I am concerned about the ATM queue backing up into Swift Street. What information is available
related to the likelihood of this happening? What measures are being put in place to prevent
this?
As noted above, drive-throughs are prohibited in PUDs therefore this comment is not applicable.
In the event an ATM were approvable in the proposed location, however, the Board finds that
the available queue length for four cars would be sufficient.
4. Please confirm that the City will have an easement for the sidewalk located on the north side of
the property adjacent to the Swift St ROW.
5. Crosswalk striping and truncated domes are not necessary across private drives. The sidewalk
should continue through the driveway and maintain it’s elevation. The grade of the new drive
should be modified, as necessary, to meet the grade of the sidewalk.
6. Please provide more information on the crosswalk signal pole. It’s location appears to be in the
middle of the sidewalk and it may need to get moved.
7. The DRB should include a condition that all EPSC measures be maintained and any soil tracked
off site must be collected (swept up) at the end of each work day.
8. I may have missed it, but has a snow storage area been defined?
9. The radii on the driveway entrances are very large. Can it be confirmed that they need to be this
wide or if entrances and radii can be tightened?
10. Where truncated domes are needed (particularly crossing Swift St), please ensure that they are
large enough and placed according to PROWAG standards (See sections R305.1.4 and 305.2)
The applicant has subsequently made modifications to the plans to address comments 4 through 10 to
the extent plan modifications are necessary and the Director of Public Works and Deputy Director of
Capital Projects have indicated their comments have been addressed.
This criterion also references 15.A.15. Much of 15.A.14 pertains to the construction of streets, which
are not applicable to this application. The applicable sections of 15.A.14 follow.
15.A.14 (D) Functional Capacity and Transit Oriented Development. The nearest signalized
intersection or those intersections specified by the DRB shall have an overall level of service “D” or
better, at the peak street hour, including the anticipated impact of the fully developed proposed
PUD or subdivision. In addition, the level of service of each through movement on the major
roadway shall have a level of service of “D” or better at full buildout.
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The provided traffic study concludes that the project reduces pm peak hour trips compared to
existing by 4, from 124 trips to 120 trips. The allowable trip generation for the subject property, in
the traffic overlay district zone 1 is limited to 15 trips per 40,000 sf, or the previously approved trip
generation as long as the proposed project does not exceed the trips generated by the previous
approval. For this 60,700 sq ft PUD, the allowable trip generation is limited to 22 trips if the
previously approved trip generation is exceeded.
The Deputy Director of Capital Project reviewed the Traffic Impact Assessment on 2/22/2023 and
provided comments. The applicant provided a revised traffic impact assessment dated March 23,
2023, upon review of which the Deputy Director of Capital Project indicated had addressed their
comments.
The project is located in the traffic overlay district zone 1, and is limited to 15 trips per 40,000 sf or
the previously approved maximum if they are not proposing to exceed the previously approved
maximum. The previously approved maximum is 124 PM peak hour vehicle trip ends, and the
currently proposed is 120 trips. The Board approves the proposed 120 trip generation.
15.A.14(E) Access and Circulation. The applicant must demonstrate that the street network is
arranged to meet applicable access management, traffic, and pedestrian circulation standards
under these Regulations, including criteria for site plans under Article 14, Transect Zone
Subdivisions under Article 9, or a type of Planned Unit Development under Article 15.C; and, for
state highways, VTrans Access Management Program Guidelines in effect at the time of
application. Unless otherwise specified under these regulations, the street network, including the
location and arrangement of streets, must be designed to:
(1)-(6) not applicable
(7) Provide for safe access to abutting properties for motorists, cyclists, and pedestrians,
including safe sight distances, access separation distances, and accommodations for high-
accident locations.
The Board finds this criterion met.
(8) Align access point with existing intersections or curb cuts and consolidate existing access
points or curb cuts within the subdivision, to the extent physically and functionally feasible.
Though the applicant has not proposed to align the Swift Street curb cut with the curb cut on
the north side of Swift Street, the Board finds the proposed configuration to be better than an
aligned one due to the queue length on Swift Street and considers this criterion met.
(9) Minimize vehicular access point (curb cuts) to abutting properties and building lots along
pedestrian oriented street frontage; and provide, where feasible, shared vehicular access to
frontage and other abutting building lots via rear alleys, side streets, service lanes, shared
driveways, or rear cross connections between adjoining parcels.
In addition to this criterion, 13.02F requires cross-lot connections between all commercial lots:
“All commercial lots located adjacent to other commercial lots must provide a driveway
connection to any adjacent commercial lot.” The applicant has provided a cross-lot connection
to the south, but not to the east. The design of the property, with the multifamily building along
the entire east property line, would preclude a viable cross lot connection to the east. The
Board finds this criterion met.
D. Transportation Demand Management (TDM) [reserved]
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E. Building Form. Development within the City Center Form Based Code District, the Urban Design
Overlay District, and other districts with supplemental building form standards shall adhere to the
standards contained therein.
Urban design overlay standards are discussed above.
F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing
structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the
City Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade
adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards
contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection
shall be construed to limit requirements for additional upgrades as necessary to meet the requirements
of these Regulations.
The Board finds no improvements to be necessary to Shelburne Road, a state highway. As noted above,
Swift Street has an existing recreation path that ends near the eastern property line, which the applicant
has proposed to extend to Shelburne Road. The Deputy Director of Capital Projects has confirmed the
design is appropriate.
G. Access to Abutting Properties. The reservation of land may be required on any lot for provision
of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an
arterial or collector street, to provide additional access for emergency or other purposes, or to improve
general access and circulation in the area.
Cross lot connections have been discussed above.
H. Utility Services. Electric, telephone and other wire-served utility lines and service connections
shall be underground insofar as feasible and subject to state public utilities regulations. Any utility
installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and
Services, shall also be met.
Shelburne Road is served by overhead power. The applicant has provided the following testimony
regarding electrical connections:
“GMP has not confirmed if transformers will be required or, if they are required, where they would
be located. This information will be added to the plan once it is confirmed. Screening will be provided
if/as needed for transformers to comply with the LDRs.”
The utility plan shows the potential electrical connection to each building and includes a transformer
north of the building on Lot 1.
Staff provided the plans updated 6/26/2023 to the South Burlington Water District, which indicated on
7/3/2023 the following comments still need to be addressed. Many of these comments are unchanged
from previously rounds of comments provided by the Water District. While these comments are
extensive, the Board finds they do not affect the appearance of the project and are sufficiently specific
that they can be included as conditions of approval.
It is the responsibility of the contractor to be familiar with the CWD Specifications beyond what is included
in this information. The Champlain Water District Specifications and Detail for the Installation of Water
Lines and Appurtenances information can be found at www.champlainwater.org
Plan Specific Comments
Sheet C3-01. (See sheet C3-01)
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1. The proposed eight-inch (8”) tee shall include a main line gate valve on either side of the new tee
to be cut-in, secured to the tee with Foster Adapters; total three (3) eight-inch gate valves. This
must be shown on the plans. The cut-in of this tee shall require a shutdown on the only line
supplying the northern part of the City so must be scheduled for night work. At least three
weeks’ notice must be provided to the SBWD so all affected customers can be notified in advance
of the water service interruption.
2. Include a tracing wire box near tee per CWD Specifications.
3. A six-inch (6”) valve on the line supplying the Multi-family Residential 27DU building shall be
secured to the hydrant tee. Add a tracing wire box to this tee, per CWD Specifications.
4. Place the 1.5” curb box inside a gate valve box top when located in concrete or asphalt surface
areas. Include a minimum 1” paving riser.
5. Locate and abandon all three existing water services at the corporations. Close the corporations,
disconnect the service lines, and wrap the service taps in V-Bio polyurethane.
6. The services to all of the proposed buildings shall be copper and DI if petroleum infused soils are
encountered. See VT Water Supply Rule requirements.
7. Install 6” gate valve on FS line to 27 DU Multifamily Residential building. Add tracing wire box
per CWD Specifications.
8. See CWD Specifications for tracing wire requirements for all PVC water pipe.
Sheet C8-04
1. Water Details must be those found in the CWD Specifications. The Department will not accept
any pipe or material that is not in compliance with the CWD Specifications. There are too many
discrepancies to list here between Sheet C8-04 Water Details and the CWD Specifications.
I. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including
compliance with any recycling, composting, or other requirements, shall be accessible, secure and
properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s).
Small receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall
not be required to be fenced or screened.
Dumpsters are proposed to be enclosed in a stone veneer wall with a decorative steel gate. The Board
finds this criterion met.
E) SUPPLEMENTAL REGULATIONS
13.02 Off Street Parking and Loading
The applicant is proposing 63 parking spaces. Parking is regulated under 13.02. For the proposed mix of
uses, 45 parking spaces are required, as follows.
29 two-bedroom units x 1.5 spaces per unit = 43.5 spaces
1 one-bedroom unit x 0.75 spaces per unit = 0.75 spaces
The Board finds that residential parking spaces may not be reserved.
The applicant has proposed to reserve 11 spaces for commercial parking only during business hours.
13.02L pertains to reservation of non-residential parking spaces for single tenants or users.
13.02L. Reserved Parking Spaces. Reservation of non-residential parking spaces for single
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tenants or users is strongly discouraged. Reserved parking, and associated signage, shall be
permitted only under the following circumstances:
(1) To meet or exceed Federal ADA requirements
(2) To provide a limited number of courtesy spaces for users (examples: 15-minute only, pick & drop
off, seniors, expectant mothers)
(3) To provide for electric vehicles, carpool spaces, car-share spaces, or other similar purposes
(4) To provide a minimal number of spaces for a small commercial business where other residential
or non-residential uses would otherwise dominate parking areas
(5) Where the Development Review Board finds that other demonstrated unique circumstances
exist that would require a limited number of reserved spaces. In such an instance, the Board
shall permit only the minimum number necessary to address the unique circumstances.
The Board finds the proposed 11 partially reserved spaces allowable under (4) above, provided the
reservation is only during business hours.
13.03 Bicycle Parking and Storage.
The bicycle parking requirements are discussed under Phasing above.
The Board finds the applicant must demonstrate the long term bike parking in the parking garage meet
the lockable and secure requirements of 13.03 as a condition of approval prior to issuance of a zoning
permit.
13.04 Landscaping, Screening & Street Trees
13.04G requires minimum landscaping based on the value of new structures. The applicant estimates
the building cost to be $11,600,000, requiring $123,500 in new trees and shrubs. There are a number of
landscaping standards pertaining to landscaping of parking lots, including the requirement for one shade
tree per five parking spaces, 10% of parking areas consisting of interior landscaping islands, curbing to
protect parking lot landscaping, and a minimum shade tree size of 2.5 inches. Additional landscaping
standards not specific to parking lots require screening or buffering between dissimilar sites, of parking
areas, of outdoor storage, and of utility cabinets. Front yards along collector streets are required to be
landscaped, and a mix of large canopy tree species is required throughout.
B. Landscaping of Parking Areas.
(1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees,
shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for
snow storage. The purpose of perimeter planting shall be to mitigate the view of the parking lot
from the public way and from adjacent uses and properties, and to provide shade and canopy for
the parking lot. In some situations it may be necessary both for surveillance purposes and for the
perception of safety to install the size and type of plants that leave visual access between the
parking lot to the public way or other pedestrian areas.
The Board finds the parking area to be largely screened from view of the public right of way by the
proposed buildings.
(2) In all parking areas containing twenty-eight (28) or more contiguous parking spaces and/or
in parking lots with more than a single circulation lane, at least ten percent (10%) of the interior of
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the parking lot shall be landscaped islands planted with trees, shrubs and other plants. Such
requirement shall not apply to structured parking or below-ground parking.
The applicant has testified that the interior parking area is 22,027 square feet in size and therefore
requires 2,203 square feet of the parking areas to be landscape islands. The applicant has provided
3,602 square feet of landscape islands, exceeding the minimum requirement. The Board finds this
criterion met.
(3) All interior and perimeter planting shall be protected by curbing unless specifically designed
as a collection and treatment area for management of stormwater runoff as per 13.04(B)(5)(c)
below. Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and
shall have a minimum square footage of sixty (60) square feet. Large islands are encouraged.
This criterion is met.
(4) Landscaping Requirements
The City Arborist reviewed the plans on 2/23/2023. The applicant has revised the plans to address
the comments of the City Arborist.
(a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All
planting shall be species hardy for the region and, if located in areas receiving road runoff
or salt spray, shall be salt-tolerant.
The Board finds this criterion met.
(b) At least one (1) major deciduous shade tree shall be provided within or near the
perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed
evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed
a minimum of thirty (30) feet apart.
36 parking spaces are provided, requiring 8 shade trees. More than 9 shade trees are
provided. The Board finds this criterion met.
(c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when
measured on the tree stem, six (6) inches above the root ball.
The Board finds this criterion met.
(d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species
should be grouped or located in a manner that reinforces the design and layout of the
parking lot and the site.
The Board finds this criterion met.
(7) Snow storage areas must be specified and located in an area that minimizes the potential for
erosion and contaminated runoff into any adjacent or nearby surface waters.
Snow storage is not shown and is discussed above.
13.05 Stormwater Management
Stormwater standards apply when one-half acre or more of impervious surface exists or is proposed to
exist, and where 5,000 sf of impervious is created or reconstructed. The City Stormwater Section
reviewed the plans and provided comments on 3/2/2023 and 5/23/2023. The applicant has addressed
the comments of the City Stormwater Sections.
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13.07 Exterior Lighting
Lighting requirements are summarized as follows.
(1) Fixtures must be downcast and shielded;
(2) Illumination must be evenly distributed;
(3) Fixtures must be placed to minimize lighting from becoming a nuisance;
(4) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural
material, with a decorative surface or finish;
(5) Poles & building mounted fixtures may be no higher than 30-ft; and,
(6) Poles must be located in safe locations.
Specific requirements for maximum illumination levels are included in Appendix A and are limited to 3
footcandles average at ground level and 0.3 footcandles at the property line. The applicant has
provided a photometric drawing. Slightly greater than 0.3 footcandles is provided at the northern
property line, but given the presence of a recreation path in this location, the Board allows the proposed
lighting as a modification.
The applicant testified on June 6 that the parking lot lighting on the southern side of the site also
illuminates the adjacent property. The Board finds without a joint application, there is no nexus for this
project to illuminate an adjacent property. Illumination levels beyond the southern property line are up
to 1 footcandle. Further, illumination levels near the rear (east) entrance to the bank building are
proposed to be in excess of 19 footcandles. The Board finds the applicant shall provide shields on the
light fixtures on the southern side of the property to reduce excess spillover to 0.3 footcandles
maximum, and shall reduce peak site illumination levels to no more than 8 to 10 footcandles.
DECISION
Motion by Frank Kochman, seconded by John Moscatelli, to approve Final Plat Application #SD-23-05 of
Gary Bourne.
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 failed by a vote of 0 - 4 - 0.
Signed this ___ day of August, 2023, by
_____________________________________
Dawn Philibert, Chair
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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 with the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must be mailed to
the City of South Burlington Planning and Zoning Department at 180 Market Street, South
Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-
951-1740 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.