HomeMy WebLinkAboutSP-23-035 - Decision - 0267 Market Street
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#SP-23-035
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
SNYDER-BRAVERMAN DEVELOPMENT CO., LLC — 267 MARKET STREET
SITE PLAN APPLICATION #SP-23-035
FINDINGS OF FACT AND DECISION
Site plan application #SP-23-011 of the Snyder Braverman Development Company, LLC, to amend the
plan for an existing 5.86 acre lot developed with three mixed use buildings containing a total of 213
residential units and 27,000 sf non-residential space, a future City street, and a stormwater treatment
pond. The amendment consists of reconfiguring the layout of the proposed units in 267 Market Street to
reduce the total number of units from 101 to 75 and increase the number of bedrooms from 160 to 180,
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 Snyder Braverman Development Company, LLC, hereinafter referred to as the applicant, seeks
to amend the plan for an existing 5.86 acre lot developed with three mixed use buildings containing
a total of 213 residential units and 27,000 sf non-residential space, a future City street, and a
stormwater treatment pond. The amendment consists of reconfiguring the layout of the proposed
units in 267 Market Street to reduce the total number of units from 101 to 75 and increase the
number of bedrooms from 160 to 180, 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, and the Transit Overlay District.
4. The application was received on August 22, 2023.
5. The submitted materials consists of the following plans and supplemental information.
Sheet Title Prepared by Last Revision Date
Overall Site Plan The Snyder Group, Inc. 8/1/2023
A101; 1st Level Plan Jutras Architecture 8/1/2023
A102; 2nd, 3rd, & 4th Level Plan Jutras Architecture 8/1/2023
Only the standards below are affected by this application. All other standards will continue to be met.
CITY CENTER FORM BASED CODE STANDARDS
Section 8.08 Open Space Requirements
The approved amount of total required Open Space for all three buildings on the lot is 14,130 sf. With this
amendment to the unit configuration in 267 Market Street, the total required Open Space requirement
decreases slightly. The previous Open Space requirement for 267 Market Street with 101 units was 6,735
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square feet. The applicant is proposing a decrease in the number of units from 101 to 75, decreasing the
required Open Space to 5,175 sf (=13,500 non-residential sf x 5% + 75 units x 60 sf/unit), which decreases the
amount of Open Space required for all three buildings on Lot N to a total of 12,570 square feet.
The applicant is not proposing any changes to the previously approved configuration of Open Space, which
included 50% (7,065 square feet) of the required Open Space provided in the Large Development Area Civic
Space approved in #MS-19-06, and 9,365 square feet of Open Space on-site in three different locations, for a
total of 15,650 square feet of Open Space between the off-site and on-site areas. This exceeds the minimum
requirement of 12,750 square feet; therefore, the Administrative Officer finds this criterion met.
Type: The applicant continues to propose a 3,500 sf rain garden, a 2,400 sf pocket plaza, and 3,465 total sf of
snippet/parklet space in three locations. This is equivalent to 9,365 sf of open space.
Phasing: Given this amendment, the first phase, 267 Market Street, will require 5,175 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 Administrative Officer finds these criteria met.
Section 8.14 T-4 Building Envelope Standards
The building footprint and elevations are entirely unchanged from previous approval #SP-23-011. The
applicant is not proposing to change the approved parking garage or surface parking lot. The reduction in the
number of units in 267 Market Street does slightly increase the number of vehicle parking spaces provided
per unit. A total of 253 vehicle parking spaces are provided for the three buildings on Lot N. Including the
proposed reduction in units from 101 to 75 in 267 Market Street, the three buildings on Lot N will provide a
total of 187 dwelling units, for an average of 1.35 vehicle parking spaces per unit. This is less than the
maximum allowance of 2 vehicle parking spaces per unit. The Administrative Officer finds these criteria met.
SITE PLAN REVIEW STANDARDS
Section 14.07 Specific Review Standards
7. 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 has previously received approval for a shared trash, recycling and compost accessory
structure that will be properly screened and secured. No changes that affect compliance with this
criterion are proposed.
OTHER STANDARDS
13.03 Bicycle Parking and Storage.
The short-term bicycle parking requirement for all of Lot N is 25 spaces, based on 187 residential units at
one space per 10 residential units and 27,000 sf of commercial space at 1 space per 5,000 sf. The
previous approval included 36 short-term bicycle parking spaces and is not proposed to be changed as
part of this application.
The long-term bicycle parking requirement for all of Lot N is 190 spaces based on 187 units at one space
per unit and 27,000 sf of commercial space at 50% of the short term bicycle parking requirement. The
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previous approval included 222 parking spaces in the underground parking garages, with more parking
spaces than residential units per structure, and is not proposed to be changed as part of this application.
Short Term Spaces Long Term Spaces Clothes Lockers
Phase 1 (267 Market) 11 77 1
Phase 2 (267 + 225 Market) 20 140 2
Phase 3 (267 + 225 Market, 113 Garden) 25 190 2
The required number of short-term bicycle parking spaces continue to be provided on a phase-by-phase
basis.
13.04.B(7) Snow Storage
(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 has testified that they will store
snow in the designated areas, will not impact pedestrian access by storing snow on sidewalks or
other walkways, and will remove any snow that does not fit in the designated snow storage areas
and store it off-site. The Administrative Officer finds this criterion met.
Vehicle Trip Generation
As part of the previous approval, the Administrative Officer found that the proposed total number of
residential units and theoretical assortment of non-residential uses across all three buildings on Lot N
would generate 247 PM Peak Hour VTEs, and found that if the total estimated PM peak hour trips are
ever 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.
The proposed reduction in dwelling units in 267 Market Street will reduce the total number of dwelling
units across the three buildings on Lot N from 213 to 187 and reduce the total PM peak hour trips due to
residential uses from 83 to 73 VTEs, and the total estimated PM peak hour trips from 247 VTEs to 237
VTEs.
The Administrative Officer amends the previous condition to find that, if the total estimated PM peak
hour trips are ever proposed to exceed 75 trips more than 237 (312) total trips, the applicant must
amend the site plan and comply with any traffic/trip generation standards in place at that time.
Wastewater Allocation
The applicant had previously received preliminary approval for a wastewater allocation for the
residential portion of 267 Market Street of 18,270 gallons per day. Due to the reduction in the number
of units from 101 to 76, the minimum required wastewater allocation required for the residential
portion of 267 Market Street has been reduced to 14,560 gallons per day. The applicant has submitted a
revised Wastewater Allocation application to reflect this change.
Section 18.01 Inclusionary Zoning
The applicant is not proposing to change the number or configuration of inclusionary units proposed as
part of this project. The proposed amendment does not affect compliance with this criterion.
DECISION
Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application
#SP-23-035 of Snyder-Braverman Development Co., LLC subject to the following conditions:
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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 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 LDRs, but
the request must be submitted prior to the expiration of this approval.
4. Prior to issuance of a zoning permit to construct 267 Market Street, the applicant must receive final
water and wastewater allocation for the residential component of that building.
5. The three buildings on Lot N are estimated to generate approximately two hundred thirty seven
(237) 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.
6. 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 312 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.
7. 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.
8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications must be underground.
9. 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.
10. The applicant is responsible for maintaining clear pedestrian accesses with regards to snow
storage.
11. 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
12. Any change to the approved plan will require approval by the Administrative Officer.
Signed on this 1st day of September 2023 by
_____________________________
Marty Gillies, Acting Administrative Officer
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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.