HomeMy WebLinkAboutSP-23-011 - Decision - 0113 Garden Street - SP-23-011_225 Market St Catamount Run Lot N_FBC_FBC_ffd
THE SNYDER-BRAVERMAN DEVELOPMENT CO., LLC — 225, 267 MARKET STREET, 113 GARDEN ST
SITE PLAN APPLICATION #SP-23-011
FINDINGS OF FACT AND DECISION
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SP-23-11
Findings of Fact and Decision
Site plan application #SP-23-011 of The Snyder Braverman Development Company, LLC to develop an
existing 5.86 acre lot developed with a stormwater treatment pond with three mixed use buildings
containing a total of 213 residential units and 27,000 sf non-residential space and a future City street,
225 Market Street, 267 Market Street, and 113 Garden Street.
Based on the plans and materials contained in the document file for this application, the
Administrative Officer finds, concludes, and decides the following:
FINDINGS OF FACT & CONCLUSIONS OF LAW
1. The applicant, Snyder-Braverman Development Co., LLC, seeks site plan approval to develop an
existing 5.86 acre lot developed with a stormwater treatment pond with three mixed use buildings
containing a total of 213 residential units and 27,000 sf non-residential space and a future City
street, 225 Market Street, 267 Market Street, and 113 Garden Street.
2. The owner of record of the subject property is South Burlington City Center, LLC.
3. The subject property is located in the City Center Form Based Codes Transect 4 (T4) and Transect 5
(T5) Districts.
4. The application was received on April 11, 2023.
5. The submitted materials consists of the following plans and supplemental information.
Submission Prepared by Last Revision Date
Site Plan Application Andrew Rowe 3/13/2023
Application Narrative Unknown 3/17/2023
Open Space Narrative Unknown 3/17/2023
Large Development Area Open
Space Exhibit & Agreement
Snyder Homes 3/17/2023
Open Space Exhibit T.J. Boyles Associates, LLC 3/17/2023
Stormwater Narrative Unknown 3/17/2023
Abutters List Unknown Undated
Public Meeting Minutes Unknown 4/27/2023
Individual Residential Dwelling
Entry Exhibit
Unknown 5/19/2023
Construction Phasing Plan TJ Boyle Associates 6/15/2023
Approach to Specialty
Concrete Paving
TJ Boyle Associates 7/3/2023
Inclusionary Zoning Summary City of South Burlington /
Snyder Braverman
3/03/2023
Landscape Budget T.J. Boyle Associates, LLC 3/17/2023
Landscape Island Areas Exhibit Unknown 3/03/2023
Trip Generation Estimate Andrew Rowe 3/17/2023
Solar Readiness Letter Jutras Architecture 3/17/2023
Certificate of Service Andrew Rowe 4/14/2023
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Findings of Fact and Decision
Public Information Meeting
Minutes
Andrew Rowe 4/27/2023
267 Market St T4 BES Unknown 3/17/2023
267 Market St T5 (primary)
BES
3/17/2023
267 Market St T5 (secondary)
BES
3/17/2023
225 Market St T5 (primary)
BES
5/19/2023
225 Market St T5 (secondary)
BES
3/17/2023
113 Garden St T4 BES 5/19/2023
Three Preliminary Wastewater
Allocations – 225 Market, 267
Market, 113 Garden
Andrew Rowe Undated
Three Preliminary Water
Allocations – 225 Market, 267
Market, 113 Garden
Champlain Water District 1/27/2023
Wall Mounted Bike Rack Detail The park catalog Undated
A-01.1 through A-01.6 267
Market Solar Ready Zone and
Rooftop Visibility Analysis
Jutras Architecture 6/20/2023
A00 267 Market Architectural
Rendering
Jutras Architecture 3/22/2023
A01 - A03 267 Market
Elevations
Jutras Architecture 5/24/2023
A04 267 Market Primary
Façade
Jutras Architecture 3/22/2023
A05 267 Market Entrances Jutras Architecture 3/22/2023
A06 267 Market Secondary
Facade
Jutras Architecture 6/20/2023
A07 267 Market Secondary
Facade
Jutras Architecture 6/20/2023
A08 – A10 267 Market Floor
Plans
Jutras Architecture 7/4/2023
A-01.1 through A-01.6 225
Market Solar Ready Zone and
Rooftop Visibility Analysis
Jutras Architecture 5/24/2023
A00 225 Market Architectural
Rendering
Jutras Architecture 3/22/2023
A01 & A02 225 Market
Elevations
Jutras Architecture 3/22/2023
A03 225 Market Primary
Façade
Jutras Architecture 3/22/2023
A04 225 Market Entrances Jutras Architecture 3/22/2023
A07 225 Market Secondary
Façade
Jutras Architecture 6/20/2023
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Findings of Fact and Decision
A06 – A07 225 Market Floor
Plans
Jutras Architecture 7/4/2023
A-01.1 through A-01.6 113
Garden St Solar Ready Zone
and Rooftop Visibility Analysis
Jutras Architecture 2/24/2023
A00 113 Garden Architectural
Rendering
Jutras Architecture 3/22/2023
A01 & A02 113 Garden
Elevations
Jutras Architecture 3/22/2023
A03 113 Garden Primary
Façade
Jutras Architecture 5/24/2023
A04 113 Garden Entrances Jutras Architecture 3/22/2023
A05 – A07 113 Garden Floor
Plans
Jutras Architecture 7/4/2023
A473 Roof Screen Jutras Architecture 6/15/2023
A0.0 Window Jamb Jutras Architecture 11/14/2022
A1.0 Trash Structure The Snyder Group, Inc. 11/07/2022
Sheet 1 Overall Site Plan The Snyder Group, Inc. 7/5/2023
Sheet 2 Existing Conditions
Plan
The Snyder Group, Inc. 3/17/2023
Sheet 3 Grading Plan 267 &
225 Market St
The Snyder Group, Inc. 5/19/2023
Sheet 4 Grading Plan 113
Garden St
The Snyder Group, Inc. 5/19/2023
Sheet 5 Utility and Layout Plan
267 & 225 Market St
The Snyder Group, Inc. 5/19/2023
Sheet 6 Utility and Layout Plan
113 Garden St
The Snyder Group, Inc. 5/19/2023
Sheet 7 EPSC Plan The Snyder Group, Inc. 3/17/2023
Sheet 8 Lighting Plan The Snyder Group, Inc. 3/17/2023
Sheet 9 – 13 Details The Snyder Group, Inc. 6/15/2023
Sheet 14 Pavement Marking &
Sign Plan
The Snyder Group, Inc. 6/15/2023
Sheet D2 Stormwater Details VHB 12/05/2022
Sheet SK1 Subdivision Sketch The Snyder Group, Inc. 3/27/2023
Sheet ST Stormwater Exhibit The Snyder Group, Inc. 5/19/2023
L1.0 Overall Site Plan T.J. Boyle Associates, LLC 6/19/2023
L1.1 Site Plan T.J. Boyle Associates, LLC 6/19/2023
L1.2 Site Plan T.J. Boyle Associates, LLC 6/19/2023
L1.3 Planting Plan T.J. Boyle Associates, LLC 6/19/2023
L1.4 Planting Plan T.J. Boyle Associates, LLC 6/19/2023
L2.0 Site Details T.J. Boyle Associates, LLC 5/23/2023
L2.1 Planting Details T.J. Boyle Associates, LLC 5/23/2023
L2.2 Planting Details T.J. Boyle Associates, LLC 5/23/2023
6. Process Elements:
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a. The applicant provided a certificate of service indicating that notice to abutting property
owners was provided on April 14, 2023.
b. The applicant held a neighborhood meeting on April 27, 2023 at 6:00 pm at 180 Market
Street in the Community Room. No members of the public attended. The applicant
provided a set of summary notes.
c. The Administrative Officer deemed the application complete on June 9, 2023 following
issuance of a written statement from the Department of Public Works and Fire Department
regarding compliance with the regulations. The applicant submitted final modifications to
the application package on July 5, 2023.
7. For the purposes of this decision, the three buildings are referred to as follows:
a. 237 Market Street – “Building A1,” consisting of 101 residential units and 13,500 sf non-
residential space and located on the eastern corner of the lot
b. 225 Market Street – “Building A2,” consisting of 62 residential units and 13,500 sf non-
residential space and located on the northern corner of the lot
c. 113 Garden Street – “Building A3,” consisting of 50 residential units and located on the
southern side of the lot
8. The project will be constructed in three (3) phases, indicated on the provided phasing plan. For the
purposes of this application, the Administrative Officer has defined the applicant’s three phases as
follows.
a. Phase 1: 267 Market Street + area indicated on phasing plan as associated with 225 Market
Street [shown in blue on the phasing plan]
b. Phase 2: Phase 1 + 225 Market Street + area indicated on phasing plan as associated with 268
Market St [shown in pink on the phasing plan]
c. Phase 3: Phase 2 + 113 Garden Street + area indicated on phasing plan as associated with 339
Garden Street [shown in green on the phasing plan]
9. The applicant has received subdivision approval SD-23-09 to subdivide Lot N into three lots. Lot N1
will contain the proposed buildings.
10. Review Criteria:
CITY CENTER FORM BASED CODES STANDARDS
Section 8.03 Land Development and Building Placement
A. Land Development. No land development shall be permitted except in full compliance with the
applicable Building Envelope Standards (BES) and this Article.
See below under Building Envelope Standards.
B. Building Placement. All new buildings, and all additions to buildings, except as permitted in a T3
Cottage Court or as permitted under Section 8.11, Nonconformities, shall include at least one building
façade located entirely within a Build-to-Zone.
For primary facades in the T5, the primary build-to-zone is 0 – 6 ft, while the secondary build-to-zone is 0
– 24 ft. For secondary facades in the T5, the primary build-to-zone is 0 – 9 ft, while the secondary build-
to-zone is 0 - 36 ft.
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Findings of Fact and Decision
For primary facades in the T4, applicable only to 113 Garden Street, the primary build-to-zone is 0 – 12 ft
and the secondary build-to-zone is 0 – 24 ft.
For 225 Market Street, the primary façade is Market Street and the secondary façade is the planned public
street.
For 267 Market Street, the primary façade is Market Street and the secondary façade is Garden Street.
For 113 Garden Street, the primary façade is Garden Street. There is no secondary façade.
C. Special Requirements, Prohibitions & Exceptions. Not applicable.
Section 8.04 Blocks, Streets, and Alleys
A. General Standards
(1) Purpose…
(2) Construction of streets
(a) Where a building is proposed to be located on a lot that is adjacent to a new or extended street,
such street shall be constructed by the applicant pursuant to Article 15 and in accordance with
the requirements of Article 11, Street Typologies.
Garden Street was approved in SD-19-24. The applicant is proposing a cross section consistent with
that approved in SD-19-24. Site plan approval SP-21-036A for 303 Market Street laid out phasing for
construction and opening of Garden Street. Garden Street is required to be open from Market Street
to the existing bridge near 59 Garden Street prior to occupancy of the approved building on 112
Garden Street. With this decision, the Administrative Officer finds that Garden Street shall be open
prior to issuance of a certificate of occupancy for either 267 Market Street or 113 Garden Street. The
Administrative Officer further finds that Garden Street shall be ready for acceptance prior to issuance
of a certificate of occupancy for either 267 Market Street or 113 Garden Street.
The project also involves construction of a portion of the planned public street between 155 Market
Street and Lot N. This road constitutes extension of school/library entry street which was approved
in SD-19-18 as a Support Street type. The proposed cross section is consistent with the Support Street
section and is proposed to be aligned with the school/library entry street. The applicant’s plans
include realignment of the existing Market Street cross walk on the west side of the planned public
street intersection to be a standard distance from the reconfigured intersection. The applicant is
approved for subdivision of the street right of way, which will involve provision of an irrevocable offer
of dedication for the street as required in 15.A.14(C)(3).
15.A.14(E)(1) requires two or more entrance points for development consisting of 50 or more
dwelling units on four or more lots or within four or more buildings. While the lot consists of three
buildings only, it does serve 213 dwelling units. The applicant has proposed two entrances and has
indicated the future public street segment will likely be constructed with 225 Market Street,
following completion of the building foundation and exterior shell. Access to 155 Market Street
will be maintained during construction on the future public street segment. The Administrative
Officer finds the applicant must provide for emergency or construction access use a temporary
vehicular connection to the existing 155 Market Street driveway prior to issuance of a certificate of
occupancy for 267 Market Street. A pedestrian connection in the location of the planned public
street consisting of construction and opening of a temporary (or the approved) sidewalk must also
be established prior to occupancy of 267 Market Street. The sidewalk shall remain continuously
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open. The entire street section shall be complete prior to issuance of a certificate of occupancy for
225 Market Street.
The Administrative Officer finds this criterion met.
(b) Where a building is proposed to be located on a lot that is adjacent to existing street, such
street shall be upgraded pursuant to Article 15 and in accordance with requirements of Article
11, Street Typologies.
Not applicable
(3) Perimeter and Length of Blocks. Not applicable.
(4) Frontage Buildout. See below under Building Envelope Standards.
(5) Connectivity. All existing or proposed streets shall connect directly at each end to another existing
public street, or planned or proposed street listed as a qualifying street type in the applicable BES.
The planned public street segment is proposed to be aligned with the existing public street segment
at the school/library entry. The Administrative Officer finds this criterion met.
(6) Build-to-Zones. See below under Building Envelope Standards.
B. Location of blocks and streets.
(1) Applicability of block lengths and perimeters.
The subject property is located within an exempt area.
(2) Public Facilities on the Official Map. Where a planned street or any other planned public feature,
facility, or improvement is shown on a parcel or lot on the Official Map, the owner of such parcel
or lot shall provide an irrevocable offer of dedication of such planned street or planned public
feature, facility for improvement to the City at the time of an application for land development
on such parcel or lot. In the event that the applicant proposes a private street, a plan clearly
depicting the area of such street shall be recorded in the land records prior to the issuance of
any zoning permit. The following additional standards shall apply in either instance:
The Project involves a planned public street on the northern portion of the lot. The Administrative
Officer finds the applicant shall provide an irrevocable offer of dedication in conjunction with the
approved subdivision prior to issuance of the first zoning permit for the lands involved in this
application.
(a) Where applicable, the applicant shall construct such street in accordance with the
requirements of these Regulations;
As indicated above, the proposed cross section is consistent with the Support Street section and
is proposed to be aligned with the school/library entry street
(b) Where the street is proposed to be public, the minimum street right-of-way width shall be
as identified within Article 11, Street Typologies;
The proposed right-of-way width is 60-ft.
(c) Where the City identifies a specific Street Type on the Official Map, such street shall comply
with the standards for that street type in Article 11;
The street type is not identified on the Official Map.
(d) The actual location of a street may deviate from the location identified on the Official Map
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within the applicant’s parcel by to one quarter (1/4) of a maximum block length in the
applicable Transect Zone; Not applicable
(e) The actual location of a street may be deviate from the location identified on the Official
Map at the applicant’s property line up to one quarter (1/4) of a maximum block length in
the applicable Transect Zone. Not applicable
C. Primary and Secondary Streets.
For 225 and 267 Market Street, Market Street is the primary street. The planned public street is the
secondary street for 225 Market Street. Garden Street is the secondary street for 267 Market Street.
Garden Street is the primary street for 113 Garden Street.
D. Primary and Secondary Building Façade determination.
For 225 Market Street, the primary façade is Market Street and the secondary façade is the planned public
street.
For 267 Market Street, the primary façade is Market Street and the secondary façade is Garden Street.
For 113 Garden Street, the primary façade is Garden Street. There is no secondary façade.
E. Corner Radii; Clear zones.
The Administrative Officer finds this criterion met.
F. Alleys.
The applicant is proposing a 22-ft wide alley connecting the planned public street and Garden Street, off
of which the parking for the proposed development will be served. City standards require the Garden
Street sidewalk to be continuous across the driveway. To further differentiate the private drive, the
applicant has included a sidewalk on one side of the drive with large green strips and trees along both
sides of the driveway. The applicant has proposed two speed tables on the alley.
Section 8.05 Parking
A. On Street Parking. The public streets include parallel parking.
B. Off-Street Parking placement. Off-street parking is located more than 25 feet from the street and the
frontage buildout requirements are met.
C. Structured Parking Lot Placement. The structured parking is below the ground, therefore this criterion is
not applicable.
D. Access to Off Street Parking. Off-street parking is accessed via an alley centrally located between the
three buildings.
Section 8.06 Special Standards
A. Civic Sites. Not applicable.
B. Places of Worship. Not applicable.
C. Drive Throughs. Not applicable.
D. Service Stations. Not applicable.
E. Buffer Strip. Not applicable.
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F. Required Minimum Stories, Combined Stories.
The required minimum number of stories is two. Four stories are proposed for each building. Proposed
upper stories contain a floor area of more than 75% of the building footprint and are located directly
over the lower stories for each building. Each story is equal to or above the minimum height in the T5
and all stories are below the maximum height.
G. Rooftop Elements and Uses; utilities.
(1) Conceal rooftop devices.
Rooftop equipment is seven feet high and is proposed to be screened. Smaller equipment is
proposed to be located at least 5 ft from the edge of the building, and is proposed to be screened
where it is less than 15 ft from the edge of the building. The Administrative Officer finds this
criterion met.
(2) Flat Roof Designs.
The buildings are proposed to have a flat roof, therefore architectural elements such as cornices must
be included. The applicant has proposed cornices and parapets in compliance with this criterion. The
Administrative Officer finds this criterion met.
(3) Rooftop Use and structures.
The total area of rooftop uses and structures may not exceed 200 sq ft or 20% of the area of the
upper-most story of the building, whichever is greater, and the height of rooftop uses and structures
may not exceed 14-ft above the maximum height of the building. The applicant testified that the
top of the elevator extends above the roofline by 2’-3’, and is typically covered with the roof
membrane material. The height of the elevator projection above the rooftop is reflected in the
rooftop visibility and solar ready exhibit.
(4) Utility features. Utility features, such as generators, gas lines or meters, or electrical meters, shall
not be located on any façade parallel to and adjacent to a street and shall be screened from view
of any such street.
Utility connections are proposed to be away from primary and secondary facades.
H. Alternate Compliance for Entrances in T4.
The applicant has not requested alternative compliance for entrances. Entrances are addressed in
the BES table.
The Administrative Officer finds that the entrances to the non-residential spaces must be operated
in a manner consistent with the definition of public entrance.
I. Accessory Structures
The applicant is proposing a 438 s.f. trash, recycling and compost structure to be located between
the three buildings. It is proposed to be approximately 10-feet in height, is located more than 5 ft
from any lot line, and to the rear of the buildings relative to all three streets.
Section 8.07 Prohibited Materials
No prohibited materials have been proposed.
Section 8.08 Open Space Requirements
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Findings of Fact and Decision
Minimum Open Space is calculated as follows:
Required Amount:
267 Market Non-residential 13,500 sf x 5% + 101 units x 60 sf/unit = 6,735 sf
225 Market Non-residential 13,500 sf x 5% + 62 units x 60 sf/unit = 4,395 sf
113 Garden 50 units x 60 sf/unit = 3,000 sf
Total = 14,130 sf
Qualifying open space for the T5 may be located off-site or credits may be purchased. Qualifying open space
for the T4 must be located on site or may be located within 150-feet of the site. Alternatively, qualifying open
space may make use of a Large Development Area Civic Space Option.
The applicant has proposed to provide 50% of their required open space, or 7,065 sf, in the Large
Development Area Civic Space approved in MS-19-061. Pursuant to the conditions of that approval, the
applicant has demonstrated concurrence of the property owner of this open space in the form a
recordable legal instrument. The applicant has also demonstrated that the existing or proposed building
within will have uninterrupted pedestrian access (save for street or driveway crossings) to such
qualifying open space(s). Access consists of a paved sidewalk and recreation path intended for
pedestrian and/or bicycle use. The Administrative Officer finds such uninterrupted pedestrian access to
any designated open space(s) must be constructed and completed prior to the issuance of a Certificate
of Occupancy for the building in the associated phase.
The applicant has demonstrated that the buildings are located within ¼ mile walking distance of the
designated open space, as measured from the nearest corner of each building to the entrance to the
open space via a pedestrian connection.
The applicant proposes to provide the remaining required 7,065 sf of open space on site.
Type:
The applicant has proposed 3,500 sf rain garden, 2,400 sf pocket plaza, and 3,465 total sf snippet/parklet in
three locations. This is equivalent to 9,365 sf of open space.
Rain Garden: The rain garden complies with the requirements of Article 11B.
Pocket Plaza: The applicant is proposing for the pocket plaza to contain tenant-provided outdoor seating.
The pocket plaza complies with the requirements of Article 11B.
Snippet/Parklet: The spaces to the rear of 225 and 267 Market Street are directly adjacent to a building
entrance. For the one to the rear of 225 Market Street, landscaping is a primary component of the space and
complies with the requirements of Article 11B.
Phasing: The first phase, 267 Market Street, requires 6,735 sf of open space. Including the off-site open
space, the required open space is provided, and more than 50% is provided on site. The second phase, 225
Street, requires 4,395 sf of open space. With the addition of a 1,175 sf snippet more than 50% is provided on
site. The third and final phase, 113 Garden Street, requires 3,000 sf of open space, which is provided with the
additional rain garden included in the third phase.
The Administrative Officer finds that the size and type of Open Space are met in accordance with Section 8.08,
and that the proposed open space design complies with the guidelines established in Article 11B – Civic Space
1 At the time MS-19-06 was approved, this was referred to as a Large Development Area Open Space.
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and Site Amenities. All products installed in the qualifying open spaces must be of high-quality materials
intended to be used for commercial application, pursuant to Article 11B.
Section 8.09 Uses Allowed and Changes of Use.
Spaces identified on the floor plans as commercial tenant space may not be leased for residential use, or
uses supporting a residential use.
Section 8.14 T-4 Building Envelope Standards
See attached completed Building Envelope Standards checklist
SITE PLAN REVIEW STANDARDS
Section 14.06 Site Plan Review Standards
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.
Along the non-residential portions of 225 and 267 Market Street, the applicant is proposing
plantings that do not obscure visibility of window displays and will be generally limited to 24
– 30 inch maximum height.
The project meets the required build-to zone requirements.
(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 project meets the required entrance standards.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between
existing, planned or approved development, and proposed development.
The Administrative Officer finds the scale of the buildings consistent with surrounding context
and planned development patterns.
(d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability
within the area proposed for development.
The project provides pedestrian connectivity surrounding each building. Pedestrian
movement from Garden Street to the planned public street is achieved via a series of
sidewalks and crosswalks through the parking lot. A pedestrian walkway is provided mid-
block between 225 and 267 Market Street. Walkways are provided to the open space areas
and to the building entrances.
(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.
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The applicant has testified that the buildings are compliant with the solar ready zone
requirements of the 2020 Vermont Commercial Building Energy Standards Appendix CA.
(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 Administrative Officer finds this criterion to be 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 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 Administrative Officer finds this criterion to be met.
(d) Not applicable
(3) The height and scale of each building shall be compatible with its site and existing or
anticipated adjoining buildings.
Building features are addressed above. The Administrative Officer finds this criterion to be met.
B. Relationship of Proposed Structures to the Site.
(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.
225 and 267 Market Street are required by the BES to have non-residential uses on the first floor
within the T5 zoning district. The applicant has chosen to include residential uses within the T4 zoning
district for these buildings and for 113 Garden Street. In order to provide a street presence for the
residential entries, the applicant has differentiated them using a canopy over the entry, recessed
entries, and windows immediately adjacent to the entrance. Each unit will have an entry number and
recessed light fixture and at least two feet of walkway width beyond the handle side of the door.
Other architectural features are addressed in the building envelope standards. The Administrative
Officer finds this criterion met.
(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.
The project is proposed to adhere to the existing terrain and planned road network. The
Administrative Officer finds this criterion met.
(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.
(b) Architectural Features. Respond to recurring or representative architectural features
that define neighborhood character, without adhering to a particular architectural style.
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(c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side
and back yard areas through context sensitive design.
The Administrative Officer finds this criterion to be met.
Section 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.
Section 12.02 Wetland Protection Standards
The applicant obtained state wetland permit #2013-293 in 2017, and US Army Corps of Engineers
permit NAE-2016-02311 in 2018, which address the impacts to wetland for the overall City Center
project. There is a Class II wetland on the project site, which was approved to be impacted in
conditional use approval #CU-18-01 as part of the construction of Market Street. No further wetland
impacts are proposed.
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.
15.A.14 pertains largely to road design. There is no area for snow storage or plow turnaround at the
end of the future public street. The right of way width, existing access points to 155 Market Street,
storm pond, and frontage build-out requirements limit the space available to reserve for snow storage
or a plow turnaround. It is the Administrative Officer’s understanding and the Director of Public Works
recommendation that the City not accept the planned public street until it is extended across one or
more adjacent parcels. In the interim, the applicant or their designee shall maintain the planned public
street segment.
Additional relevant provisions of 15.A.14 include the following which are paraphrased from 15.A.14E.
E(1) Provide a minimum of two (2) entrances or access points from an arterial or collector street to a
subdivision with more than fifty (50) dwelling units on four (4) or more lots or within four (4) or more
principal buildings, unless otherwise approved by the DRB in consultation with the City Engineer and
Director of Planning & Zoning.
Three buildings serving 213 units are proposed on one lot. Timing of access points is discussed under
8.04A((2)(a) above.
E(6) Design access points to include curb radii necessary to accommodate anticipated vehicle types and
speeds while also minimizing pedestrian crossing distances.
Curb radii are proposed to be 15-ft.
E(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.
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The buildings are set back more than one car length from the travel way and entrances are proposed to
be stop controlled.
E(8) Align access points with existing intersections or curb cuts and consolidate existing access points or
curb cuts
The Garden Street access point is aligned with the opposing access point on Lot M.
E(9) Minimize vehicular access points (curb cuts) to abutting properties and building lots along
pedestrian-oriented street frontage; and provide, where physically 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.
Shared access is provided. The Administrative Officer finds this criterion met.
D. Transportation Demand Management (TDM) [reserved]
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.
Building features are addressed above. The Administrative Officer finds this criterion to be met.
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 streetscape for Market Street has largely been constructed, with the exception of half of the
sidewalk.
Garden Street was approved in #SD-18-13 and #SP-18-18. The applicant is proposing the necessary
improvements to comply with the approved street type along the site frontage for each street abutting
the property. These improvements must be complete prior to issuance of the certificate of occupancy
for the adjoining building. Findings pertaining to the construction and opening of the streets are
included in 8.04A((2)(a) above.
Prior to issuance of the first zoning permit, the applicant shall provide an infrastructure bond for the
required improvements in an amount approved by the Director of Public Works.
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.
The property has three street-facing fronts. The fourth side is encumbered by a Class II wetland. The
applicant has proposed a pedestrian easement to the City to allow access from the south west corner of
the property at Garden Street to the planned public street. The Administrative Officer finds the
applicant shall record the plat associated with the final plat approval for the concurrent subdivision that
involves creation of the easement prior to issuance of the first zoning permit for the property.
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
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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.
The plan indicates utilities will be underground. The Administrative Officer finds this criterion to be met.
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.
The applicant is proposing a shared trash, recycling and compost accessory structure, discussed under
8.06I above, accessed via a series of sidewalks and crosswalks. The Administrative Officer finds this
criterion to be met.
OTHER
3.18 Residential and Commercial Building Energy Standards
Commercial buildings, as defined by 30 V.S.A. section 53(a), that are principal buildings, shall comply
with the Commercial Building Energy Standards Stretch Code Guideline, as prepared and revised by the
Vermont Public Service Department.
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 information demonstrating how they plan to meet the standards of
Appendix CA. The Administrative Officer finds this criterion to be met.
13.02 Off Street Parking and Loading
G. Design requirements for Parking Spaces, Parking Aisles, Lighting and Landscaping
(1) Design requirements for off-street parking and loading are provided in Table 13-2 and
Figure 13-1, Section 13.04, Landscaping, Screening, and Street Trees, and Section 13.07,
Exterior Lighting. All paved parking spaces shall be striped or otherwise physically delimited.
The parking spaces meet dimensional standards.
Parking lot landscaping is further discussed under 13.04 below.
(2) The location of parking areas and loading docks shall prevent conflicts with entering and
existing traffic onto a public street and prevent conflicts between vehicles and pedestrians.
The distance between access points and parking areas shall be adequate to minimize blockage
and prevent back-ups onto the public street.
The Administrative Officer finds this criterion met.
(3) Provision shall be made for access by police, fire and emergency vehicles.
The Fire Marshal reviewed the plans on May, 3, 2023 and provided comments on the plans. The
applicant has addressed these comments to the satisfaction of the Fire Marshal.
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(4) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be
separated from motor vehicle circulation. Safe and convenient pedestrian circulation,
including appropriate sidewalks, shall be provided on the site and its approaches. The
pedestrian circulation on site shall be designed to minimize adverse effects of vehicular traffic
on sidewalks and recreation paths.
The Administrative Officer finds this criterion met.
(5) Bicycle parking or storage facility. See Section 13.03
(6) Stormwater management strategies that facilitate infiltration including but not limited to
recessed planting islands, bioretention facilities, and pervious parking spaces are encouraged
in the design of any off-street parking or loading area.
The applicant has included a bioretention area.
13.03 Bicycle Parking and Storage.
The short-term bicycle parking requirement is 27 spaces based on 213 residential units at one space per
10 residential units and 27,000 sf commercial space at 1 space per 5,000 sf. The short term bicycle
parking requirement is met by providing eighteen inverted-U style bicycle racks divided between the
front and rear of the three buildings, for a total of 36 short term bicycle parking spaces.
The long-term bicycle parking requirement is 216 spaces based on 213 units at one space per unit and
27,000 sf of commercial space at 50% of the short term bicycle parking requirement. The applicant has
provided 222 parking spaces in the underground parking garages, with more parking spaces than
residential units per structure. The Administrative Officer finds the long-term bicycle parking spaces
shall be spaced so that, measured perpendicular to the wall on which the bicycle rack is mounted
(parallel to the bicycles themselves), there is at least 87 inches between the rack and the nearest
obstruction, providing space for a bicycle and sufficient space to remove the bicycle without hitting
other bicycles on the same rack.
The required bicycle parking by phase is as follows.
Short Term
Spaces
Long Term
Spaces
Clothes Lockers
Phase 1 (267 Market) 13 103 1
Phase 2 (267 + 225 Market) 22 166 2
Phase 3 (267 225 Market, 113 Garden) 27 216 2
The required number of short-term bicycle parking spaces have been provided on a phase by phase
basis.
13.04 Landscaping, Screening & Street Trees
The City Arborist reviewed the provided landscaping plans on 4/24/2023 and indicated there were no
comments.
B. Except for parking spaces accessory to a one-family or two-family dwelling, all off-street
parking areas subject to review by the Development Review Board, shall be curbed and landscaped
with appropriate trees, shrubs, and other plants including ground covers, as approved by the
Development Review Board. Sections of recessed curb are permitted if their purpose is to allow
stormwater runoff from the adjacent parking area to reach stormwater collection, treatment and
management infrastructure. The Development Review Board shall consider the adequacy of the
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proposed landscaping to assure the establishment of a safe, convenient, and attractive parking area
and the privacy and comfort of abutting properties.
(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 parking lot perimeter is adequately screened.
(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
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 project includes 93 surface parking spaces. The applicant has provided an exhibit that shows
11% interior parking lot landscaping has been provided at full build.
For Phase 1, approximately 12% interior parking lot landscaping has been provided. For Phase 2,
approximately 11% interior parking lot landscaping has been provided. The Administrative Officer
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.
The parking lot is proposed to be curbed. Planted islands are proposed to be more than 6-ft. The
Administrative Officer finds this criterion met.
(4) Landscaping Requirements
(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 Administrative Officer 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.
93 surface parking spaces are proposed and more than 20 shade trees are proposed within the
interior around the perimeter of the parking area.
(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.
Trees proposed as parking lot shade trees meet this criterion.
(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.
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The Administrative Officer finds this criterion met.
(e) Within the City Center FBC District, landscaping required within this section shall not
count towards meeting minimum landscape budget requirements as detailed in Section
13.04(G).
The applicant has not included the cost of the parking lot shade trees in computing the provided
minimum landscaping budget. In addition to the parking lot shade trees, the applicant has
provided 3 dogwood, 35 feather reed grass, and 3 serviceberry to meet the screening
requirements of 13.04B(1). The Administrative Officer has excluded the value ($2,388) of these
additional plantings from the computation of required landscaping value below.
(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 areas have been shown on the plans. The applicant is responsible for maintaining
clear pedestrian access and must remove the snow storage shown across a sidewalk from the alley.
C. Screening or buffering. The Development Review Board will require landscaping, fencing, land
shaping and/or screening along property boundaries (lot lines) whenever it determines that a) two
adjacent sites are dissimilar and should be screened or buffered from each other, or b) a property’s
appearance should be improved, which property is covered excessively with pavement or structures or
is otherwise insufficiently landscaped, or c) a commercial, industrial, and multi-family use abuts a
residential district or institutional use, or (d) a parking or loading area is adjacent to or visible from a
public street.
This is a multi-family and commercial use abutting similar uses. The Administrative Officer finds this
criterion met.
D. Front Yards of Non-Residential and Multi-Family Uses. In the case of non-residential and multi-
family uses, the required front yard and/or the frontage along designated arterial and collector
streets (see Article 3, Section 3.06 for this list) shall be suitably landscaped and maintained in good
appearance. Landscape elements that reduce stormwater runoff and promote stormwater infiltration
are encouraged. The Development Review Board shall require the applicant to meet the provisions of
sections 13.04(F) and (G).
The applicant is proposing shrubs and groundcover along the fronts of the building between the building
and the street.
G(3) Landscaping Budget Requirements. The Development Review Board shall require minimum
planting costs for all site plans, as shown in Table 13-4 below. In evaluating landscaping requirements,
some credit may be granted for existing trees or for site improvements other than tree planting as
long as the objectives of this section are not reduced. The costs below are cumulative; for example, a
landscaping budget shall be required to show a planned expenditure of three percent of the first
$250,000 in construction or improvement cost plus two percent of the next $250,000 in construction or
improvement cost, plus one percent of the remaining cost over $500,000. The landscaping budget shall
be prepared by a landscape architect or professional landscape designer.
In this application, the applicant is estimating the building cost of 225 Market Street to be $9,672,000,
the building cost of 267 Market Street to be $14,742,000, and the building cost of 113 Garden Street to
be $6,500,000. The applicant has provided a phased proposal for landscaping and hardscape. Required
minimum landscaping for Phase 1, 2, and 3 is calculated as follows. Note that Phase 2 is inclusive of
Phase 1, and Phase 3 is inclusive of Phase 2.
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Total Building
Construction or
Improvement Cost
% of Total
Construction/
Improvement
Cost
Minimum
Required (Phase
1)
$14,742,000
Project cost
Minimum
Required (Phase
2)
$24,414,000
project cost
Minimum
Required
(Phase 3)
$24,237,000
project cost
Up to $250,000 3% $7,500 $7,500 $7,500
Next $250,000 2% $5,000 $5,000 $5,000
Remainder over
$500,000 ($22,500,000)
1% $142,420 $239,140 $304,140
Total: $154,920 $251,640 $316,640
The Administrative Officer has excluded the value of the feature the applicant has indicated as “base
price for concrete” from the approved landscaping value. The applicant has met the required
minimum landscaping budget for each phase.
Project Phase Minimum
Required
Landscaping
Proposed
Landscaping
Phase 1 $154,920 $182,531.75
Phase 2 (Phase 1 + 225 Market St
and associated site work)
$251,140 $308,125.35
Phase 3 (Phase 2 + 113 Garden St
and associated site work)
$316,640 $376,931.10
The required minimum landscape value is provided on a phase by phase basis.
The Administrative Officer finds the applicant may apply the excess landscaping value in Phase 1 to the
required minimum landscaping budget for Phase 2, and similarly for phases 2 and 3, provided no
Certificate of Occupancy for Phase 2 is issued until after a certificate of occupancy for Phase 1, and
similarly for phases 2 and 3.
Within the T5, up to 90% of the required minimum landscaping value may be applied towards
commissioned sculptures, fountains, ornamental planters, ornamental or commissioned benches, and
ornamental or commissioned bicycle racks as part of a cohesive landscaping plan for the site that provides
adequate planting of trees and shrubs appropriate to the site. Within the T4, up to 80% of the required
minimum landscaping value may be applied towards the same. For the purposes of calculating required
minimum landscaping value, the Administrative Officer has used the proposed boundaries of Lot N1. The
Administrative Officer finds the applicant must record the plats associated with the subdivision approval
for the lots as proposed prior to issuance of the first zoning permit for construction. Lot N1 is 39% in the
T5 and 61% in the T4. The Administrative Officer has applied that proportion and finds that 16% of the
required minimum landscaping value must consists of trees, shrubs, and non-bulb perennial vegetation.
The required landscape value and the applicant’s proposed landscaping is summarized in the following
tables.
Phase 1 Required Value Proposed Expenditure, Total
On-Site Landscaping $154,920 $182,531.75
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Min 16% in trees, shrubs
and non-bulb perennial
vegetation
$24,787.20 min $43,415.25
Max 84% in other
amenities
$139,116.501
1. Includes the cost of planters, seat walls, specialty concrete, benches and green screen.
Phase 2 Required Value Proposed Expenditure, Total
On-Site Landscaping $251,640 $308,125.35
Min 16% in trees, shrubs
and non-bulb perennial
vegetation
$40,262.40 min $68,189.25
Max 84% in other
amenities
$239,936.101
1. Includes the cost of Phase 1 hardscape + additional similar features in Phase 2 and site furniture
Phase 3 Required Value Proposed Expenditure, Total
On-Site Landscaping $316,640 $376,931.10
Min 16% in trees, shrubs
and non-bulb perennial
vegetation
$50,662.40 min $120,429.00
Max 84% in other
amenities
$256,502.101
1. Includes the cost of Phase 2 hardscape + additional similar features in Phase 3
The Administrative Officer finds specialty concrete shall consist of one or more of the paving
examples shown on page 1, the top of page 2, or the stamp pattern on either image on page 4,
or other stamping and staining pattern as may be approved by the Administrative Officer.
13.05 Stormwater Management
The City Stormwater section provided comments on the plans on April 28, 2023. The applicant has
addressed these comments to the satisfaction of the City Stormwater section.
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
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(5) Poles & building mounted fixtures may be no higher than 30-ft
(6) Poles must be located in safe locations
Specific requirements for maximum illumination levels are included in Appendix A and are limited to 3
foot candles average at ground level.
The proposed project includes 16 and 24-foot high pole mounted site lights, wall mounted lights at 9 and
11-ft high, and bollard lighting. The Administrative Officer finds that all on-site lighting must comply with
the requirements of 13.07, including the requirement that all light sources be shielded or positioned so as
to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent
properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare
shall be minimized to drivers on adjacent streets.
Vehicle Trip Generation
The applicant has calculated proposed trips based on a theoretical assortment of uses. Trips beyond those
calculated in this application will require additional traffic impact fees.
PM Peak Hour Trips for the proposed development are calculated as follows for the purposes of overall
Vehicle Trip Generation:
213 residential units [Land Use Code 221] = 83 VTEs
27,000 sf mixed non-residential uses [Land Use Code varies] = 164 VTEs
Total = 247 VTEs
The Administrative Officer finds the applicant must submit an updated computation of trips at the time
of the zoning permit for occupancy of each non-residential space. If at any time the total estimated PM
peak hour trips are proposed to exceed 75 trips more than 247, or 322 total trips, the applicant shall be
required to amend the site plan and comply with any traffic / trip end standards in place at that time.
Traffic Impact Fees
Traffic Impact Fees, pursuant to the Impact Fee Ordinance, are calculated based on the Land Use Code
for non-residential development and based on a specified formula for residential development. The
calculated amount will be applied at the time of zoning permit application for each building and for each
initial occupancy of the non-residential spaces and subsequent changes of use.
The Impact Fee Ordinance authorizes the Administrative Officer to recommend credits for “in-kind”
contributions of facilities that are included in the impact fee analyses and computations. The
construction of Garden Street is included as a part of the “City Center Street Network” identified in the
Impact Fee Ordinance.
Section 8. Credits for "In-Kind" Contributions.
A. "In-Kind" contribution shall mean provision, by a person subject to payment of an impact fee, of
land or equipment or construction of facilities that are included in the impact fee analyses and
computations, and which are included in or consistent with the City's Comprehensive Plan.
B. Upon recommendation of the Development Review Board or Administrative Officer, the City
Council may approve a credit against any impact fee levied under this ordinance for the value of
"In-Kind" contributions. The amount of credit for an "In-Kind" contribution shall be based on the
actual cost to the person requesting the credit of providing or creating the facilities. The
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Development Review Board or Administrative Officer shall indicate the basis on which the amount
of credit is determined. The amount of credit for an "In-Kind" contribution shall not exceed the
total amount of the impact fee for that type of facility which would otherwise be levied on the
proposed development.
As noted above, actual impact fees for this project will be calculated at the time of zoning permit
application.
The construction cost for the segment of Garden Street approved in final plat #SD-19-24 (Garden Street
from Market Street to the existing bridge near 59 Garden Street) was $1,520,000. The applicant has
received credit in the amount of $215,340 for projects approved in #SP-22-060 for the construction of
the segment of Garden Street approved in #SP-18-18.
Based on the construction cost identified in final plat #SD-19-24, the Administrative Officer recommends
that the City Council approve a credit against traffic impact fees, upon request of the property owners,
in an amount up to the total traffic impact fees amount calculated for this building. In no event shall the
credit, however, exceed the actual construction cost for this segment of Garden Street nor the total
impact fees authorized to be collected per the impact fee ordinance.
Section 18.01 Inclusionary Zoning
B. 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 will result in 213 new 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:
(a) Where the application of this formula results in a fractional dwelling unit, that fractional
dwelling unit shall be rounded to the nearest whole number (fractions that are greater than
n.00 but less than n.50 are rounded down; fractions that are greater than or equal to n.50 but
less than n+1.00 are rounded up).
The applicant is proposing to construct 213 dwelling units consisting of 83 studio & one-bedroom
units and 130 two-bedroom units.
Inclusionary requirement:
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o Minimum which must be inclusionary units: 213 x 15% = 31.95 (round to 32)
(2) Inclusionary units required under this section shall be:
(a) Constructed on site, unless off-site construction is approved under Section
18.01(E)(1)(b) (Off-Site Construction).
Off-site construction was approved in #MS-18-05. These proposed dwelling units are
within the Project Area defined and approved in that decision.
(b) Integrated into the overall project layout and similar in architectural style and
outward appearance to market rate units in the proposed development.
The proposed dwelling units are of a multifamily style. These proposed dwelling units
are within the Project Area defined and approved with decision #MS-18-05.
(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.
None of the units at these addresses are proposed to be inclusionary.
As of the time of this application, the average gross floor area of the inclusionary units
within the Project Area is greater than the minimum required area for each type. The
Administrative Officer finds this criterion met.
(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.
The mean number of bedrooms in the market rate units in the project area is 1.5. The
mean number of bedrooms in the inclusionary units is 1.7. This criterion is met. The
inclusionary units have already been constructed.
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D. Affordability Requirements The basis for determining maximum rental and purchase prices for
inclusionary units and applicant rental or purchaser household eligibility for accessing inclusionary units
under this section are described below. The data used to determine the incomes, rents and purchase
prices is updated annually by U.S. Department of Housing and Urban Development (HUD). The Vermont
specific data is updated annually on the Vermont Housing Data website, managed by the Vermont
Housing Finance Agency, in a table titled “Maximum rent and purchase price affordability thresholds by
income and household size”. Refer to this table in administration of this section.
This requirement is addressed through decision #MS-18-05.
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;
b) Documentation supporting the allocation of inclusionary and market rate units, including
inclusionary unit set aside calculations;
c) A description of each unit’s type, floor area, number of bedrooms, estimated housing costs, and
other data necessary to determine unit affordability;
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;
e) Documentation regarding household income eligibility;
f) Information regarding the long-term management of inclusionary units, including the
responsible party or parties, as required to ensure continued affordability;
g) Draft legal documents required under this section to ensure continued affordability;
h) Construction timeline for both inclusionary and market rate units; and
i) Other information as requested by the Administrative Officer to determine project compliance
with inclusionary zoning requirements.
These requirements are addressed through decision #MS-18-05.
BUILDING ENVELOPE STANDARDS
See following pages
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Primary Building
Façade
Requirements
Secondary Building
Façade Requirements
Applicant Self-
Evaluation, 267
Market St
Criteria Satisfied,
267 Market St
Applicant Self-
Evaluation, 267
Market St
Criteria Satisfied
(AO Evaluation),
267 Market St
Primary Façade Primary Façade Secondary Façade Secondary Façade
(B) Lot Standards
(1)Lot Dimensions
(a)Lot size
(b)Lot Width
(2)Lot Occupation
(a)Percentage of Lot Coverage
(b)Units per acre
(C) Building Standards
(1) Building Types
(a)All Types
(2)Building Stories
(a)Principal 4 Yes 4 Yes
(b)Accessory N/A 1, Yes N/A 1, Yes
(3)Floor-to-Floor Height
(a)First story 14-16'14-16', Yes 16'14 - 16', Yes.
(b)Upper Stories 10' 9" - 12' 8 1/2"12'-9", Yes 10'9" to 12'-9"Yes
(4)Build-to-Zone
(a)Primary Build-to-Zone 0' Min., 6' Max.0' Min., 9' Max.6'9'
(b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max.6 - 8'18'
(5)Frontage
(a)Frontage Buildout 85% Min.85% Min. (Note 1)
86%Yes
complies
Pending subdivision
approval, Garden
Street lot line is
19.9% T5 and 80.1%
T4 therefore
composite required
buildout is 73%.
77% provided. Yes
(b)Percentage of Frontage Buildout within the Primary Build-
to-Zone
75% Min.50% Min.
76%Yes 59%57.1%, Yes
(c )Percentage of Frontage Buildout within the Secondary
Build-to-Zone
0% Min., 25% Max.50% Max.
24%Yes 41%42.9%, Yes
(6)Entrances
(a)Average frequency of Public Entrances, non-residential
first story use
30' Max.45' Max.
21'-5"26'-6", Yes
30'-4"
36'-2", Yes. this
measures average
frequency of
entrances, period.
The T4 entrance is
operable not public.
(b)Maximum distance between Public Entrances, non-
residential first story use 40' Max.60' Max.39'-5"Yes 58'-5"Yes
(c )Average Frequency of Operable Entrances, residential first
story use T5: N/A, T4: 36' Max.T5: N/A, T4: 54' Max.N/A N/A
(d)Maximum distance between Operable Entrances,
residential first story use T5: N/A, T4: 46' Max.T5: N/A, T4: 72' Max.N/A N/A
(7)Glazing
(a)First Story Min. 80% of the
Width of the Building,
and Min. 7.5' in
Height
Min. 40% of the Width
of the Building, and
Min 7.5' in Height 83%Yes
73%Yes
(b)First Story, percent of glazing required to be transparent 75% Min.75% Min.100%Yes 93%Yes
(c )Upper Stories 31% glazing provided
on upper stories, all
windows taller than
wide, windows
recessed 3" from
façade, and
windows at least 36"
from corner See Note 2
29% glazing provided
on upper stories, all
windows taller than
wide, windows
recessed 3" from
façade, and
windows at least 36"
from corner
See Note 2
(8)Building Breaks (See note 3)
(a)Building Horizontal Façade
Min. 3 every 80'Min. 3 every 80'longest segment
with 3 breaks is 67.3'7 required, Yes
longest segment
with 3 breaks is 44.3'14 required, Yes
(b)Single Span of Horizontal Facade Without a Break Recommend every 24-
48 feet; 60' Max.
Recommend every 24-
48 feet; 60' Max.32'-10"Yes 26'38'2", Yes
(9)Supplemental Building Standards
(a)Awnings, Stoops, Vestibules Provided and
counted towards
building breaks
Encouraged
See Note 2
N/A
N/A
10' Min., 14' Max.
14' Min., 20' Max.
2 Min., 6 Max.
1 Max.
Permitted N/A N/A
None N/A N/A
267 Market St T5 BES Standard
None N/A N/A
None N/A N/A
None N/A N/A
25
#SP-23-011
Findings of Fact and Decision
Primary Building
Façade
Requirements
Secondary Building
Façade Requirements
Applicant Self-
Evaluation, 267
Market St
Criteria Satisfied
(AO Evaluation),
267 Market St
Applicant Self-
Evaluation, 267
Market St
Criteria Satisfied
(AO Evaluation),
267 Market St
Primary Façade Primary Façade Secondary Façade Secondary Façade
(D) Block and Street Standards
(1)Blocks
(a)Perimeter no new blocks or
streets proposed
no new blocks or
streets proposed
(b)Length no new blocks or
streets proposed
no new blocks or
streets proposed
(2)Street and Connection types
(a)Destination Street
(b)Support Street
(c )Neighborhood Street Narrow
(d)Market Street & Garden Street Provided Provided
(e)Path
(f)Alley
(b)Pedestrian Pass
(h)All other street types
(3)Curb Cuts
(a)On Market Street no curb cuts Yes N/A
(b) On Garden Street N/A 425'Yes
(c)All other streets N/A N/A
(E ) Parking Standards
(1)Parking Requirements
(a)Per Residential Unit
1.2 spaces / unit Yes
254 spaces/213
units=1.2 Yes
(2) Location & Screening
(a)
n/a Yes n/a Yes
(b)complies Yes complies Yes
(c )n/a N/A n/a N/A
(d)
complies Yes complies Yes
(e)complies Yes complies Yes
(f)
complies Yes complies Yes
(g)n/a n/a n/a
(3) Off-Site Parking
n/a N/A n/a N/A
n/a N/A n/a N/A
n/a N/A n/a N/A
(F) Supplemental District Standards
(1)Upper Story setbacks
(a)
4 story bldg N/A 4 story bldg N/A
(b)
4 story bldg N/A 4 story bldg N/A
(G) Streetscape Standards
(1)General Standards
(a)complies complies Yes
(b)complies Yes complies Yes
(c )n/a See conditions n/a See conditions
(d)Proposed development shall comply with all requirement of Article 11 complies Yes complies See Narrative
(2)Streetscape requirements
(a)Benches n/a Yes n/a Yes
(b)Bicycle Parking
n/a Yes n/a N/A
(c )Street Tree Spacing, on center
n/a N/A n/a Provided consistent
with approved plans
New construction resulting in additional non-residential gross floor area or residential units shall meet T-
5 Parking Standards
New surface parking shall be set back from the primary street a minimum of 25'
Parking spaces may be leased from the city or a private landowner
New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in
height
Parking under structures is encouraged
Permitted, Qualifies as a Street N/A
N/AProhibited
Permitted, Qualifies as a Street
Parking shall only be permitted in compliance with applicable BES standards for Frontage Buildout
2 spaces Max.
100' Min. distance between curb cuts
Prohibited
Prohibited
Permitted Connection, Not a Street
Permitted Connection, Not a Street
Permitted, Qualifies as a Street
Permitted Connection, Not a Street
Permitted, Qualifies as a Street
All streetscape features must be consistent within a project and be compatible with adjacent features
erected following adoption of this Code.
Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or
flowering vegetation.
All features proposed within an existing, proposed, or planned public ROW shall comply with
requirements of the Department of Public Works.
Permitted
May be used to meet short-term
requirements of 13.14
30' Max. average
No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft.
(a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses.
(b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses.
(c) Shared parking may be used to meet parking requirements (See Article 13).
All stories above the fourth story of any building shall be set back a minimum of twelve feet (12’) from
the primary and secondary building facades.
All stories above the fifth story of any building shall be set back a minimum of twelve feet (12’) from all
Alleys.
1,600' Max.
400' Max.
Exempt (See LDR
8.04B(1))
Exempt (See LDR
8.04B(1))
N/A
N/A
267 Market St T5 BES Standard
26
#SP-23-011
Findings of Fact and Decision
Primary Building
Façade
Requirements
Secondary Building
Façade Requirements
Applicant Self-
Evaluation, 267
Market St
Criteria Satisfied
(AO Evaluation),
267 Market St
Applicant Self-
Evaluation, 267
Market St
Criteria Satisfied
(AO Evaluation),
267 Market St
Primary Façade Primary Façade Secondary Façade Secondary Façade
Notes
(1)N/A
n/a N/A
(2)Upper Story Glazing Shall comply with the following standards:
31%Yes 31%Yes
complies Yes complies Yes
complies Yes
complies Yes
complies
Provided only for
windows facing
primary & secondary
façades, including
pocket plaza. Yes
complies
Provided only for
windows facing
primary & secondary
façades, including
pocket plaza. Yes
complies Yes complies Yes
(3)Building Break Standards also apply to any façade facing a Qualifying Open Space 3 required, 3 provided
68.5' façade faces
pocket plaza. 3
breaks required,
met.
If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than
two (2) times that width in depth, the required frontage buildout in the BES shall be reduced by 50% on the
street containing the secondary building facade.
(e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding
bay windows and storefronts).
(b) 80% of glazing on upper stories shall be taller than wide
(c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if
each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at
least 7 inches wide.
(d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum
of 3 inches, except for bay windows and storefronts.
(a) Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the
267 Market St T5 BES Standard
27
#SP-23-011
Findings of Fact and Decision
Secondary Building
Façade Requirements
Applicant Self-
Evaluation, 267
Market St
Criteria Satisfied (AO
Evaluation), 267
Market St
(4)Build-to-Zone
(a)Primary Build-to-Zone 0' Min., 18' Max.
(b)Secondary Build-to-Zone 0'. Min., 36' Max.
(5)Frontage
(a)Frontage Buildout
70% Min. within 80'
of Primary Street,
50% Min. elsewhere
complies
Pending subdivision
approval, Garden
Street lot line is 19.9%
T5 and 80.1% T4
therefore composite
required buildout is
73%. 77% provided.
Yes
(b)Percentage of Frontage Buildout within the Primary Build-
to-Zone 75% Min.205.7'/220.1' = 93%100%, Yes
(c )Percentage of Frontage Buildout within the Secondary
Build-to-Zone 0% Min., 25% Max.14.4'/220.1' = 7%0%, Yes
(7)Glazing
(a)First Story
20%49%Yes
(b)First Story, percent of glazing required to be transparent 85%100%Yes
(c )Upper Stories
See Note 2 See Note 2
Notes
(2)Upper Story Glazing Shall comply with the following standards:
20%30% T5, 29% T4 Yes
Yes
Yes
Yes
Yes
(e) Upper story windows/glazing (not doors) shall be no closer
than 30 inches to building corners (excluding bay windows and
storefronts).
(b) 80% of glazing on upper stories shall be taller than wide
(c) The required percentage shall be achieved by multiple
openings. Windows may be ganged horizontally if each
grouping (maximum five per group) is separated by a mullion,
column, pier or wall section that is at least 7 inches wide.
(d) Glazing on upper stories shall not be flush with building
surface material and shall be recessed a minimum of 3 inches,
except for bay windows and storefronts.
(a) Upper story glazing shall be a minimum of 30 percent of
267 Market St T4 BES Standard
28
#SP-23-011
Findings of Fact and Decision
Primary Building
Façade
Requirements
Secondary Building
Façade Requirements
Applicant Self-
Evaluation, 225
Market St
Criteria Satisfied
(AO Evaluation),
225 Market St
Applicant Self-
Evaluation, 225
Market St
Criteria Satisfied
(AO Evaluation),
225 Market St
Primary Façade Primary Façade Secondary Façade Secondary Façade
(B) Lot Standards
(1)Lot Dimensions
(a)Lot size
(b)Lot Width
(2)Lot Occupation
(a)Percentage of Lot Coverage
(b)Units per acre
(C) Building Standards
(1) Building Types
(a)All Types
(2)Building Stories
(a)Principal 4 Yes 4 Yes
(b)Accessory N/A 1, Yes N/A 1, Yes
(3)Floor-to-Floor Height
(a)First story 14' - 15'14', Yes 14'Yes
(b)Upper Stories 10' - 9" - 12' 8 1/2"Yes 10'-9" - 12'-8 1/2"Yes
(4)Build-to-Zone
(a)Primary Build-to-Zone 0' Min., 6' Max.0' Min., 9' Max.6'9'
(b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max.6-8'11.2'
(5)Frontage
(a)Frontage Buildout
85% Min.85% Min. (Note 1)86%Yes complies
Pending subdivision
approval, planned
Public Street lot line
is 62.6% T5 and
37.4% T4 therefore
composite required
buildout is 79.4%.
79.9% provided.
(b)Percentage of Frontage Buildout within the Primary Build-
to-Zone 75% Min.50% Min.77%Yes 93%100%, Yes.
(c )Percentage of Frontage Buildout within the Secondary
Build-to-Zone 0% Min., 25% Max.50% Max.23%Yes 7%0%, Yes
(6)Entrances
(a)Average frequency of Public Entrances, non-residential
first story use
30' Max.45' Max.21'-7"
26'-5", Yes,
calculated for
façade overall
32'-7"
31'-8", Yes.
Calculated for
façade overall. The
T4 entrance is
operable not public.
(b)Maximum distance between Public Entrances, non-
residential first story use 40' Max.60' Max.38'-0"Yes 38'-4"
40'-1", Yes,
calculated for
façade overall
(c )Average Frequency of Operable Entrances, residential first
story use
T5: N/A, T4: 36' Max.T5: N/A, T4: 54' Max.N/A See above;
calculated overall
(d)Maximum distance between Operable Entrances,
residential first story use T5: N/A, T4: 46' Max.T5: N/A, T4: 72' Max.N/A See above;
calculated overall
(7)Glazing
(a)First Story Min. 80% of the
Width of the Building,
and Min. 7.5' in
Height
Min. 40% of the Width
of the Building, and
Min 7.5' in Height
80%Yes, calculated for
façade overall 63%61%, Yes, calculated
for façade overall
(b)First Story, percent of glazing required to be transparent 75% Min.75% Min.100%Yes 100%Yes
(c )Upper Stories 32% glazing provided
on upper stories, all
windows taller than
wide, windows
recessed 3" from
façade, and
windows at least 36"
from corner
See Note 2
32% glazing provided
on upper stories, all
windows taller than
wide, windows
recessed 3" from
façade, and
windows at least 36"
from corner
See Note 2
(8)Building Breaks (See note 3)
(a)Building Horizontal Façade
Min. 3 every 80'Min. 3 every 80'longest segment
with 3 breaks is 67.8'
7 required, 7
provided
longest segment
with 3 breaks is 73.7'8 required, Yes
(b)Single Span of Horizontal Facade Without a Break Recommend every 24-
48 feet; 60' Max.
Recommend every 24-
48 feet; 60' Max.33'-9"42', Yes 34'-11"Yes
(9)Supplemental Building Standards
(a)Awnings, Stoops, Vestibules Provided
N/A
N/A
N/A N/A
N/A
N/A N/A
N/A N/A
1 Max.
None
N/A
Encouraged
Permitted
225 Market St T5 BES Standard
N/A
N/A
2 Min., 6 Max.
14' Min., 20' Max.
10' Min., 14' Max.
See Note 2
None
None
None
29
#SP-23-011
Findings of Fact and Decision
Primary Building
Façade
Requirements
Secondary Building
Façade Requirements
Applicant Self-
Evaluation, 225
Market St
Criteria Satisfied
(AO Evaluation),
225 Market St
Applicant Self-
Evaluation, 225
Market St
Criteria Satisfied
(AO Evaluation),
225 Market St
Primary Façade Primary Façade Secondary Façade Secondary Façade
(D) Block and Street Standards
(1)Blocks
(a)Perimeter
(b)Length
new street length
400'
(2)Street and Connection types
(a)Destination Street N/A
(b)Support Street proposed Provided
(c )Neighborhood Street Narrow
(d)Market Street & Garden Street Provided
(e)Path
(f)Alley
(b)Pedestrian Pass
(h)All other street types
(3)Curb Cuts
(a)On Market Street Met
(b) On Garden Street
(c)All other streets complies
(E ) Parking Standards
(1)Parking Requirements
(a)Per Residential Unit 254 spaces/213
units=1.2 Yes
254 spaces/213
units=1.2 Yes
(2) Location & Screening
(a)
n/a Yes n/a Yes
(b)complies Yes complies Yes
(c )n/a N/A n/a N/A
(d)
complies Yes complies Yes
(e)complies Yes complies Yes
(f)
complies Yes complies Yes
(g)n/a Yes n/a Yes
(3) Off-Site Parking
n/a N/A n/a N/A
n/a N/A n/a N/A
n/a N/A n/a N/A
(F) Supplemental District Standards
(1)Upper Story setbacks
(a) N/A N/A n/a N/A
(b) N/A N/A n/a N/A
(G) Streetscape Standards
(1)General Standards
(a)complies Yes complies Yes
(b)complies Yes complies Yes
(c )n/a See Conditions complies See conditions
(d)Proposed development shall comply with all requirement of Article 11
complies See Narrative
34 spaces / 1 tree
per 5 spaces = 7
shade trees required,
parking lot interior
island requirement
satisfied
See Narrative
(2)Streetscape requirements
(a)Benches n/a Yes n/a N/A
(b)Bicycle Parking
n/a Yes
bike racks located at
corner of Market St
& Future Public
Street (outside
ROW)
N/A
(c )Street Tree Spacing, on center
n/a
meets Market St
design
trees at 30' O.C. on
south side Future
Public Street
Yes
Exempt (See LDR
8.04B(1))
N/A
N/A
N/A
Exempt (See LDR
8.04B(1))
N/A
N/A
N/A
N/A
Permitted Connection, Not a Street
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
Permitted, Qualifies as a Street
2 spaces Max.
All stories above the fourth story of any building shall be set back a minimum of twelve feet (12’) from
the primary and secondary building facades.
All stories above the fifth story of any building shall be set back a minimum of twelve feet (12’) from all
Alleys.
New construction resulting in additional non-residential gross floor area or residential units shall meet T-
5 Parking Standards
New surface parking shall be set back from the primary street a minimum of 25'
Parking spaces may be leased from the city or a private landowner
(a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses.
(b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses.
(c) Shared parking may be used to meet parking requirements (See Article 13).
Parking under structures is encouraged
Parking shall only be permitted in compliance with applicable BES standards for Frontage Buildout
New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in
height
No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft.
Prohibited
Prohibited
Permitted Connection, Not a Street
Permitted Connection, Not a Street
All features proposed within an existing, proposed, or planned public ROW shall comply with
requirements of the Department of Public Works.
Permitted
May be used to meet short-term
requirements of 13.14
30' Max. average
Prohibited
100' Min. distance between curb cuts
Permitted, Qualifies as a Street
1,600' Max.
Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or
flowering vegetation.
All streetscape features must be consistent within a project and be compatible with adjacent features
erected following adoption of this Code.
225 Market St T5 BES Standard
400' Max.
30
#SP-23-011
Findings of Fact and Decision
Secondary Building
Façade Requirements
Applicant Self-
Evaluation, 225
Market St
Criteria Satisfied (AO
Evaluation), 225
Market St
(5)Frontage
(a)Frontage Buildout
Planned Public Street
lot line is 62.6% T5
and 37.4% T4
therefore composite
required buildout is
79.4%.
Not provided 79.9% provided, Yes.
(7)Glazing
(b)First Story, percent of glazing required to be transparent 75% Min 100%Yes
(c )Upper Stories
See Note 2 See Note 2
(3)Curb Cuts
(c)All other streets 400' Min distance
between curb cuts not provided Yes
Notes
(2)Upper Story Glazing Shall comply with the following standards:
20%33% T5, 28% T4 Yes(a) Upper story glazing shall be a minimum of 30 percent of
the façade area below the roofline on the primary building
facade and 20% on secondary building facades.
225 Market St T4 BES Standard
31
#SP-23-011
Findings of Fact and Decision
Primary Building Façade
Requirements
Applicant Self-
Evaluation, 113
Garden St
Criteria Satisfied
(AO Evaluation),
113 Garden St
Primary Façade Primary Façade
(B) Lot Standards
(1)Lot Dimensions
(a)Lot size N/A N/A
(b)Lot Width N/A N/A
(2)Lot Occupation
(a)Percentage of Lot Coverage N/A N/A
(b)Units per acre N/A N/A
(C) Building Standards
(1) Building Types
(a)All Types N/A N/A
(2)Building Stories
(a)Principal 4 YES
(b)Accessory N/A N/A
(3)Floor-to-Floor Height
(a)First story 10'-9"Yes
(b)Upper Stories 10'-9" to 13'2"Yes
(4)Build-to-Zone
(a)Primary Build-to-Zone (See note 3)0' Min., 12' Max.12'
(b)Secondary Build-to-Zone (See note 3)0' Min., 24' Max.18.5'
(5)Frontage
(a)Frontage Buildout , Primary Streets (See note 3)
70% Min.
The frontage
buildout for Garden
Street exceeds the
minimum required
composite buildout
for the T-4 & T-5''
Garden Street lot
line is 19.9% T5 and
80.1% T4 therefore
composite required
buildout is 73%.
77% provided. Yes
(b)Frontage Buildout , Secondary Streets (See note 3)
70% Min. within 80' of
Primary Street, 50% Min.
elsewhere
N/A N/A
(b)Percentage of Frontage Buildout within the Primary Build-
to-Zone (See note 3)75% Min.189.6' / 217.1' = 87%86%, Yes
(c )Percentage of Frontage Buildout within the Secondary
Build-to-Zone (See note 3)0% Min., 25% Max.27.5' / 217.1 = 13%14%, Yes
(6)Entrances
(a)
Average frequency of Public Entrances, non-residential
first story use (See note 3)36' Max.
only residential uses
on first story N/A
(b)
Maximum distance between Public Entrances, non-
residential first story use (See note 3)46' Max.
only residential uses
on first story N/A
(c )
Average Frequency of Operable Entrances, residential first
story use (See note 3)36' Max.21'-3"24'-5", Yes
(d)
Maximum distance between Operable Entrances,
residential first story use (See note 3)46' Max.42'-2"Yes
24' Max.
14' Max
113 Garden St T4 BES Standard
None
None
None
Permitted
2 Min., 5 Max.
1 Max.
None
32
#SP-23-011
Findings of Fact and Decision
Primary Building Façade
Requirements
Applicant Self-
Evaluation, 113
Garden St
Criteria Satisfied
(AO Evaluation),
113 Garden St
Primary Façade Primary Façade
(7)Glazing
(a)First Story
Min. 40% of the Width of
the Building, and Min. 7.5'
in Height for non-
residential and 6' in height
with min. window head
height of 7.5' for
residential
103'-4" / 220'-2" =
47%Yes
(b)First Story, percent of glazing required to be transparent 75% Min.
all transparent
glazing Yes
(c )Upper Stories See Note 2
31% glazing provided
on upper stories, all
windows taller than
wide, windows
recessed 3" from
façade, and
windows at least 36"
from corner See Note 2
(d)Ground story residential privacy
Ground story facades
facing a street or public
park shall be designed to
provide privacy to the
interior of the units
through either establishing
a window sill height of at
least 36" above the
adjacent sidewalk or a
combination of
landscaping and
hardscaping to create the
same effect.
Window sill is 36"
above FFE and >36"
above sidewalk Yes
(8)Building Breaks
(a)Building Horizontal Façade Min. 3 every 80'
longest segment
with 3 breaks is 60.2'
9 required, 9
provided excluding
balconies, Yes
(b)Single Span of Horizontal Facade Without a Break 48' Max.28'-8"34'-4", Yes
(9)Supplemental Building Standards
(a)Awnings, Stoops, Vestibules
Provided, excluded
from building break
calculations
(D) Block and Street Standards
(1)Blocks
(a)Perimeter (See note 3)
no new blocks or
street proposed
(b)Length (See note 3)
no new blocks or
street proposed
Exempt (See LDR
8.04B(1))
2,800' Max.
300' Min., 700' Max.
Encouraged
113 Garden St T4 BES Standard
33
#SP-23-011
Findings of Fact and Decision
Primary Building Façade
Requirements
Applicant Self-
Evaluation, 113
Garden St
Criteria Satisfied
(AO Evaluation),
113 Garden St
Primary Façade Primary Façade
(2)Street & Connection Types
(a)Neighborhood Street Narrow
(b )Neighborhood Street
(c)Private commercial way
(d)Support Street
(e)Commercial Street
(f)Avenue
(g)Commercial Boulevard
(h)Destination Street
(i)Market Street and Garden Street
Garden Street
Existing Provided
(j)Path
(k)Pedestrian Pass
(l)Alley
(m) All other street types
(4)Curb Cuts (not including street intersections)
(a)On Market Street N/A N/A
(b) On Garden Street
425', Existing curb
cut to be relocated Yes
(b)All other streets N/A N/A
(E ) Parking Standards
(1)Parking Requirements
(a)Per Residential Unit
254 spaces/213
units=1.2 Yes
(2) Location & Screening
(a)no commercial
requriements N/A
(b)complies Yes
(c )N/A N/A
(d)screened by
buildings Yes
(e)Parking garage
proposed in Level 0 Yes
(f)Parking located
behind building Yes
(3) Off-Site Parking
N/A N/A
N/A N/A
(F) Supplemental District Standards
(1)Where a T-4 Lot abuts the R4 or R7 Zoning District, the following standards shall apply:
(a) A buffer strip shall be required
(b)
(c )
(d)
(e)
(f )
N/A
N/A
N/A
N/A
New construction resulting in additional non-residential gross floor area or residential
units shall meet T-4 Parking Standards
New surface parking shall be set back from the primary street a minimum of 25'
Parking spaces may be leased from the city or a private landowner
New parking spaces shall be screened from all streets and the public realm, a
minimum of four (4) feet in height
Parking shall only be permitted in compliance with applicable BES standards for
building frontage
Prohibited
The third story of any building shall be set back a minimum of twelve feet (12’) from
the rear building line; and,
The fourth story of any building shall be set back a minimum of twenty-four feet (24’)
from the rear building line.
Permitted Connection,
Not a Street
No building located within one hundred and fifty feet (150') from the R4 or R7 District
boundary shall exceed four (4) stories in height.
(a) Off-site parking within 600’ may be used to meet parking requirements for Residential
uses.
400' Min. distance
between curb cuts
400' Min. distance
between curb cuts
100' Min. distance
between curb cuts
Parking under structures is encouraged
(b) Off-site parking within 1200’ may be used to meet parking requirements for non-
Residential uses.
Permitted, Qualifies as a
Street
Along Secondary Streets, parking structures within the build-to-zone that do not meet
entrance and/or glazing standards are permitted and shall count towards Frontage
Buildout requirements, provided that a minimum of 0.5% of the construction cost is
used for original artwork installed on or in front of the building façade facing said
street.
Along Secondary Streets, a Streetfront Open Space, as defined within these
Regulations, shall count towards Frontage Buildout requirements.
2 spaces Max.
113 Garden St T4 BES Standard
34
#SP-23-011
Findings of Fact and Decision
Primary Building Façade
Requirements
Applicant Self-
Evaluation, 113
Garden St
Criteria Satisfied
(AO Evaluation),
113 Garden St
Primary Façade Primary Façade
(2)
(a)
(b)
(c)
(d)
(e)Such building shall comply with all other provisions of these Regulations.
(3)
(a)
(b)
(4)
N/A N/A
(5)
N/A N/A
(G) Streetscape Standards
(1)General Standards
(a)
complies Yes
(b)complies Yes
(c )N/A See conditions
(d)Proposed development shall comply with all requirement of Article 11 15 spaces / 1 tree
per 5 spaces = 3
shade trees required,
parking lot interior
island requirement
satisfied
See Narrative
(2)Streetscape requirements
(a)Benches n/a N/A
(b)Bicycle Parking
n/a N/A
(c )Street Tree Spacing, on center
n/a Provided consistent
with approved plans
N/AN/A
N/A N/A
Large Single Story Principal Buildings. New large single-story principal buildings shall be
permitted subject to the following requirements:
Gateway Area. Within a Gateway Area, corners of buildings located at street intersections
shall include one or more significant architctural features, such as but not limited to,
vertical projections, changes in materials, top-story open spaces, and/or first-floor
prominent features.
All streetscape features must be consistent within a project and be compatible with
adjacent features erected following adoption of this Code.
Such building shall be a minimum of 24' in height and shall have the appearance of
two or more stories;
Such building shall have entries at a frequency of every 50' or less and shall have a
maximum distance between entries of 60'; and,
All features proposed within an existing, proposed, or planned public ROW shall
comply with requirements of the Department of Public Works.
Small Single Story Principal Buildings. New small single-story principal buildings shall be
permitted subject to the following requirements:
Non-hardscape, pervious areas within the front yard shall be predominantly planted
with groundcover or flowering vegetation.
Permitted
May be used to meet
short-term requirements
of 13.14
50' Max. average
Such building shall have a frontage greater than 100' and a footprint greater than
10,000 square feet;
Such building shall have a maximum footprint of 3,500 square feet; and,
Such building shall comply with all other provisions of these Regulations.
No new single-story building shall be permitted within one thousand (1,000) linear
feet in any direction from any existing single-story building approved under this
subsection;
Upper Story setbacks. Except where located within a Gateway Area, all stories not
categorized as a rooftop structure in Section 8.06 above the fourth story of any building
shall be set back a minimum of twelve feet (12’) from the primary and secondary building
facades.
113 Garden St T4 BES Standard
35
#SP-23-011
Findings of Fact and Decision
DECISION
Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application
#SP-23-011 of Snyder-Braverman Development Co., LLC subject to the following conditions:
1. All previous approvals and stipulations which are not changed by this decision, will remain in full
effect.
2. This project must be completed as shown on the plans submitted by the applicant, and on file in
the South Burlington Department of Planning and Zoning.
3. The applicant must obtain the first zoning permit within six (6) months from the date of this
decision, and within three years for all three approved buildings or this approval expires and is
null and void. The applicant may submit a request for an extension to obtain a zoning permit
under the terms outlined in Section 17.04 of the LDR’s, but the request must be submitted prior
to the expiration of this approval.
4. Prior to issuance of a zoning permit, the applicant must file a copy of the Large Development
Area Open Space agreement in a form acceptable to the City Attorney.
5. Prior to issuance of a zoning permit to construct each building, the applicant must receive final
water and wastewater allocation for the residential component of that building.
6. Occupancy of non-residential spaces shall require zoning permit approval and associated water
and wastewater allocation, and any applicable grease trap permits, prior to fit-out and
occupancy.
7. Prior to issuance of a zoning permit, the applicant must develop a memorandum of understanding,
signed by the applicant and the City Manager or her designee, for the City to use the private alley as
passage for public use when Market Street is closed for events.
8. Within the T5 zoning district, non-residential unit spaces on the first floor may not be converted
to residential unit space. Spaces identified as commercial shall not be used for residential use,
Primary Building Façade
Requirements
Applicant Self-
Evaluation, 113
Garden St
Criteria Satisfied
(AO Evaluation),
113 Garden St
Primary Façade Primary Façade
Notes
(1)
N/A N/A
(2)Upper Story Glazing Shall comply with the following standards:
31%Yes
100%Yes
Yes
3"
Provided for
windows facing
primary façade only,
Yes
100%Yes
(3)N/A N/AStandard does not apply to a building façade abutting an Intertstate or Interstate ramp
(d) Glazing on upper stories shall not be flush with building surface material and shall be
recessed a minimum of 3 inches, except for bay windows and storefronts.
(b) 80% of glazing on upper stories shall be taller than wide
(c) The required percentage shall be achieved by multiple openings. Windows may be
ganged horizontally if each grouping (maximum five per group) is separated by a mullion,
column, pier or wall section that is at least 7 inches wide.
(a) Upper story glazing shall be a minimum of 30% of the façade area below the roofline on
the primary building facade and 20% on secondary building facades.
If a corner lot is 100’ or less in width along the street containing the primary building
facade and greater than two (2) times that width in depth, the required frontage buildout
on the BES shall be reduced by 50% on the street containing the secondary building facade.
(e) A minimum of 85% of all required glazing shall be transparent
113 Garden St T4 BES Standard
36
#SP-23-011
Findings of Fact and Decision
or uses supporting a residential use.
9. The buildings are estimated to generate approximately two hundred forty seven (247) vehicle
trip ends during the P.M. peak hour and are approved for this amount. The applicant must
confirm the square footage and trip generation of each use as part of the application for each
zoning permit. All trips, and subsequent increases, are subject to the Impact Fee Ordinance.
10. The applicant must submit an updated computation of trips at the time of the zoning permit for
occupancy of each non-residential space. If at any time the total estimated PM peak hour trips
are proposed to exceed 322 total trips, the applicant shall be required to amend the site plan
and comply with any traffic / trip end standards in place at such time.
11. Traffic Impact Fees, pursuant to the Impact Fee Ordinance, are calculated based on the Land Use
Code for non-residential development and based on a specified formula for residential
development. The calculated amount will be applied at the time of zoning permit application for
each building and for each initial occupancy of the non-residential spaces and subsequent
changes of use.
12. The applicant shall provide an irrevocable offer of dedication in conjunction with the concurrent
subdivision, in a form acceptable to the City Attorney, prior to issuance of the first zoning permit for
the lands involved in this application.
13. The applicant shall record the plats associated with the subdivision approval for the lots as
proposed prior to issuance of the first zoning permit for construction.
14. Prior to issuance of the first zoning permit, the applicant shall provide an infrastructure bond for
the cost of required improvements (including street trees) for the planned public street plus
15% contingency in an amount approved by the Director of Public Works.
15. Prior to issuance of a zoning permit for each phase, the applicant must post a landscaping bond
for the incremental approved planting value (calculated in accordance with the methodology in
LDR 15.A.20B(2)). This bond shall remain in full effect for three (3) years to assure that the
landscaping has taken root and has a good chance of survival.
16. The applicant may apply the excess landscaping value in Phase 1 to the required minimum
landscaping budget for Phase 2, and similarly for phases 2 and 3, provided no Certificate of
Occupancy for Phase 2 is issued until after a certificate of occupancy for Phase 1, and similarly for
phases 2 and 3.
17. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use
or occupancy of any building.
18. specialty concrete shall consist of one or more of the paving examples shown on page 1, the top
of page 2, or the stamp pattern on either image on page 4, or other stamping and staining
pattern as may be approved by the Administrative Officer.
19. Garden Street shall be ready for acceptance prior to issuance of a certificate of occupancy for either
267 Market Street or 113 Garden Street, including necessary improvements to comply with the
approved street type along the site frontage for the street for the adjoining building.
20. The applicant must provide for emergency or construction access use a temporary vehicular
connection to the existing 155 Market Street driveway prior to issuance of a certificate of
occupancy for 267 Market Street. A pedestrian connection in the location of the planned public
street consisting of construction and opening of a temporary (or the approved) sidewalk must also
be established prior to occupancy of 267 Market Street. The sidewalk shall remain continuously
37
#SP-23-011
Findings of Fact and Decision
open. The entire street section shall be complete prior to issuance of a certificate of occupancy for
225 Market Street.
21. Uninterrupted pedestrian access to any designated open space(s) must be constructed and
completed prior to the issuance of a Certificate of Occupancy for the building in the associated
phase.
22. All products installed in the qualifying open spaces must be of high-quality materials intended to be
used for commercial application, pursuant to Article 11B.
23. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03
of the South Burlington Land Development Regulations. In addition, the grading plan shall meet
the standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
24. On-site surface parking must be shared between all on-site uses.
25. Long-term bicycle parking spaces shall be spaced so that, measured perpendicular to the wall on
which the bicycle rack is mounted (parallel to the bicycles themselves), there is at least 87
inches between the rack and the nearest obstruction, providing space for a bicycle and sufficient
space to remove the bicycle without hitting other bicycles on the same rack.
26. Bicycle parking and clothes lockers must be installed in a manner meeting the minimum standards
of Section 13.14.
27. All entrances to spaces labeled as commercial on the approved plans must be operated in a manner
consistent with the definition of public entrance.
28. The City will not accept the planned public street until it is extended across one or more
adjacent parcels. In the interim, the applicant or their designee shall maintain the planned
public street segment.
29. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure.
30. The applicant is responsible for maintaining landscaping in a vigorous growing condition.
Damage due to snow storage should be remedied during the next growing season. If plantings
do not thrive with coincident snow storage, the applicant must revise the location of snow
storage on the approved plans.
31. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications must be underground.
32. All on-site lighting must comply with the requirements of 13.07, including the requirement that all
light sources be shielded or positioned so as to prevent glare from becoming a hazard or a
nuisance, or having a negative impact on site users, adjacent properties, or the traveling public.
33. The applicant is responsible for maintaining clear pedestrian access and must remove the snow
storage shown across a sidewalk from the alley.
34. All new buildings are subject to the Vermont Commercial Building Energy Standards and Appendix
CA thereof pursuant to Section 3.18: Residential and Commercial Building Energy Standards of
the LDRs and Section 3.19: On-Site Solar Photovoltaic Systems
35. The Administrative Officer recommends that the City Council approve a credit against traffic
impact fees, upon request of the property owners, in an amount up to the total traffic impact fees
amount calculated for this building. In no event shall the credit, however, exceed the actual
construction cost for this segment of Garden Street nor the total impact fees authorized to be
collected per the impact fee ordinance.
38
#SP-23-011
Findings of Fact and Decision
36. Any change to the approved plan will require approval by the Administrative Officer.
Signed on this 20 day of _July_ 2023 by
Marla Keene, Administrative Officer
PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a
Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be
accompanied with a $233 filing fee and be filed within 15 days of the date of this decision.
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.