HomeMy WebLinkAboutSD-23-16 - Supplemental - 0760 Shelburne Road (10) #SD-23-16
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CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SD-23-16_760 Shelburne Road_Bourne_SK_SC_2023-12-05.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: November 29, 2023
Application received: October 30, 2023
760 Shelburne Road – Gary Bourne
Sketch Plan Application #SD-23-16
Meeting Date: December 5, 2023
Owner
Gary J. Bourne & 764 Shelburne Road, LLC
414 West Grove
Middleboro, MA 02346
Applicant
Gary Bourne
414 West Grove
Middleboro, MA 02346
Property Information
Tax Parcels 1540-00760, 1540-00764, 1700-00031
Commercial 1-R15 Zoning District, Traffic Overlay District, Transit
Overlay District, Urban Design-Secondary Node Overlay District
Parcel size: 1.43 acres
Engineer
TCE
478 Blair Park Road
Williston, VT 05495
Location Map
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PROJECT DESCRIPTION
Sketch plan application #SD-23-16 of Gary Bourne to create a General Planned Unit Development by re-
subdividing three existing lots into three new lots of 0.18 acres (Lot 1), 0.14 acres (Lot 2), and 1.06 acres
(Lot 3), and constructing a 3,350 sf financial institution on Lot 1, a 6,480 sf 2-story mixed commercial
and residential building on Lot 2 containing two market rate and one inclusionary units, and a three-
story 27-unit multifamily building on Lot 3, of which 9 units are proposed to be inclusionary, 760
Shelburne Road.
PERMIT HISTORY
Preliminary and final plat application SD-23-05 was denied by the Board on August 2, 2023. There were
two major criteria, and a few subsidiary criteria, identified in that decision as not met. The applicant
indicates in this current application narrative “one noteworthy change from the previously denied project
is that the stand-alone ATM has been removed.” In addition, it appears the applicant has modified the
number of inclusionary units; specifics are discussed below. This report highlights the previously un-met
criteria and reviews the current proposal’s compliance therewith.
Minor modifications to the LDR, and the passage of Act 47, have occurred since the time of the previous
application to the DRB. Changes newly applicable to this application are also highlighted herein.
This is a new sketch plan application; the Board is not obligated to uphold any of the findings of denied
preliminary and final plat application #SD-23-05, though for the purposes of this report Staff has
assumed the Board will make the same findings on things that are unchanged from that application.
Additional details will be needed at the preliminary/final plat stage of review.
COMMENTS
Development Review Planner Marla Keene and Director of Planning and Zoning Paul Conner, hereafter
referred to as Staff, have reviewed the plans submitted by the applicant and offer the following
comments.
1. SUMMARY OF THE BOARD’S AUTHORITY TO WAIVE OR MODIFY STANDARDS
Denied preliminary and final plat application #SD-23-05 included a request for modification or waiver for
each dimensional standard of the LDR. Specifically, the applicant requested waiver of minimum lot size,
max building coverage, max overall coverage, minimum front, side and rear setbacks, maximum front
setback coverage, and minimum number of stories. It appears there has been a minor reduction in
overall coverage though other dimensional standards are unchanged.
Paraphrasing a number of relevant sections, the Board has the authority to modify the Land
Development Regulations in certain circumstances. If necessary, these modifications will be spelled out
more thoroughly in future stages of review.
15.C.01A in association with PUD review, in support of more efficient, compact, walkable, and
well-planned forms of residential neighborhood, mixed use, and infill development, and the
permanent conservation of resource lands and other open space. [emphasis added]
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15.C.07(G) Modifications should be limited to those necessary to accommodate reduced area
in the case of infill, allow for more creative and efficient subdivision and site layout and design,
ensure compatibility with the development context, and allow for greater energy efficiency
15.C.07A The Board is prohibited from modifying overall density, requirements of the Urban
Design Overlay District and Transit Overlay District, lot coverage and/or building coverage
maximums allowed within each zoning district as measured across the PUD as a whole,
Environmental Protection Standards under Article 12, and parking and building location
requirements in Section 14.06(A)(2), except as authorized within that Section.
15.C.04(C)(3) Alternative Compliance. In approving a request for alternative compliance, the
DRB must find that the proposed alternative conforms to the intent, description, and defining
characteristics of the selected PUD type(s), Results in development that is equivalent or
demonstrably superior in function, design, and quality to that required under the standard to
be modified; and does not adversely impact proximate properties, uses or facilities.
In summary, under the current LDR, the Board must only grant a modification for cause, and the
modification must result in better compliance with the objectives of the LDR.
2. ZONING DISTRICT AND DIMENSIONAL REQUIREMENTS
Dimensional Requirements
Height
Buildings within the Urban Design Overlay secondary node are required to have the appearance of at least
two stories. All three buildings are located within the urban design overlay, and therefore must have the
appearance of at least two stories. The applicant has provided a one-story building on Lot 1, the building
most proximate to the intersection of Shelburne Road & Swift Street, which does not meet the
requirement. The applicant has provided new elevations for this building, which substantially modify the
glazing presented in SD-23-05.
1. Staff recommends the Board discuss whether the presented elevation successfully creates the
appearance of two stories. A screen shot of the proposed Shelburne Rd and Swift Street elevations
follows.
Front Setback and Front Setback Coverage
2. On Swift Street, the proposed front setback coverage is 53.1%. Front setback coverage consisting of
driveways and parking is limited to 30%. As submitted, the Swift Street entrance drive is 24-ft with no
parking. Staff considers this to be far greater than the standard driveway width of 20 ft and
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recommends the Board direct the applicant to reduce the driveway width to 20-ft and then reevaluate
whether the requested modification meets the tests for modification of standards above.
3. On Shelburne Road, the applicant reports the front setback coverage to be 40.3%. Staff considers this
number seems high given that only one driveway crosses the front setback, and no parking is located
in the front setback. Staff recommends the Board ask the applicant to confirm this value, and if it is in
fact over the allowable 30%, describe why they believe the modification to be necessary and how it
meets the tests for modification of standards.
10.05 Urban Design Overlay District (UDO)
D. Standards. Except where noted herein, the dimensional standards, use, and other standards of
the underlying Zoning District shall still apply.
Staff reminds the Board that the standards of the Urban Design overlay are not permitted to be
modified, as described in 15.C.07A.
(1) Entries. Buildings on subject properties must have at least one entry facing the primary road
in the corridor. Any such entry shall:
(c) Shall have a direct, separate walkway to the primary road. This walkway shall be at least
eight (8) feet in width and may meander for design purposes, but must serve as a
pedestrian-oriented access.
4. Walkways to the street entry for the proposed bank and the proposed multiuse building are 5-ft wide.
The walkway to the multifamily building is proposed to be 4-ft wide. Staff recommends the Board
direct the applicant to widen the walkways to meet the 8-ft width standard. Staff notes walkways do
not count against the 30% allowable front setback coverage.
(2) Glazing. Windows are key to the overall design of a building and the relationship between
its exterior and interior.
(a) For all properties in the Urban Overlay District, a minimum of 75% of glazing shall be
transparent.
5. Staff recommends the Board ask the applicant to describe the proposed glazing transparency, and
determine whether to apply this standard to the street facing facades or the entire building. It appears
from the provided elevations that some of the glazing is not proposed to be transparent, though the
elevations are unlabeled, and no calculation is provided.
(4) Building Stories, Heights, and Rooftop Apparatus.
(b) Section 8.06(G) of these regulations shall apply to rooftop elements of buildings within
the Urban Design Overlay District.
Demonstration of the height, placement, and screening of rooftop equipment will be
required at the next stage of review.
E. Allowance for Increase Lot Coverage via supplemental On-Site Open/Civic Space or Transferable
Development Rights. For parcels with land underlying the Urban Design Overlay District, the maximum
lot coverage may be increased by up to ten (10) percentage points using one of the two methods
described below. Such allowance shall apply only to the subject lot with land underlying the Urban
Design Overlay District and not any adjacent lots and must be approved in conjunction with a site plan
or Planned Unit Development for the subject lot.
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Example: For a lot in a zoning district where the maximum lot coverage as identified in
Appendix C is 70%, the maximum lot coverage for said lot may be increased to 80%.
The applicant is proposing a total lot coverage within the PUD of 74.2%, 4.2% over the standard
maximum allowable. The applicant proposes to continue to use additional on-site open/civic space to
increase the maximum. Staff considers this criterion to be met.
Phasing
The applicant has indicated they will address phasing at a later stage of review. Each phase must meet
required criterion, such as landscaping budget, open space, and bicycle parking, cumulatively.
Residential Density and 18.01 Inclusionary Zoning
18.01B. Applicability
(2) Covered Development.
(a) Except as otherwise provided in this bylaw, the provisions of this section shall apply in
the locations defined in Subsection (B)(1) (Applicability – Zoning Districts and Locations) to any
development, notwithstanding any phasing of the development, that will result in the creation of
twelve (12) or more total dwelling units through subdivision, Planned Unit Development, new
construction, or the conversion of an existing structure or structures from non-residential to
residential use.
The proposed project is proposed to include 30 dwelling units. The project is therefore subject to the
Inclusionary Zoning minimum requirements.
C. Inclusionary Units
The number of inclusionary units was a major issue in the previous application for the project. For
this application, the applicant has stated via email that they are proposing 10 inclusionary rental units
and 20 market rate rental units, meeting the required inclusionary minimum for a 30-unit
development on these parcels.
The units are proposed to be distributed as one inclusionary and two market rate in the mixed use
building and nine inclusionary and 18 market rate units in the 27-unit multifamily building. It is unclear
what the mix of bedroom counts is for either market rate or inclusionary units.
6. Inclusionary units must be integrated into the overall project layout, be above a minimum size
depending on bedroom count, have no fewer bedrooms on average than the market rate units, and
be a mixture of bedroom counts. Staff recommends the Board ask the applicant to describe how they
will meet these criteria, since this information was not clearly enumerated in the application
submission. Additional information about the inclusionary units will be required at a later stage of
review.
3. PLANNED UNIT DEVELOPMENT
15.C.04 PUD Standards Applicable to All PUD Types
B. Conformance with the Master Plan. Each phase of a PUD developed in one or more phases must
conform to the PUD Master Plan, as approved or amended by the DRB under Article 15.B, including the
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approved development plan, phasing schedule, buildout budget, management plan, and any associated
development agreements or conditions of master plan approval.
7. All PUDs are subject to master plan review unless the DRB waives the requirement. The Board may
waive this requirement for a PUD of less than four acres to be developed in a single phase of no more
than three years. Staff recommends the Board ask the applicant about construction phasing and then
confirm whether they intend to waive master plan for this application.
F. Allowed Uses. Allowed uses within a PUD, unless otherwise expressly allowed or prohibited by
PUD type, include any use listed in Appendix C as a permitted or conditional use in the underlying zoning
district(s) that can be accommodated within, or in association with, designated land use allocations and
allowed building types.
(2) Given the emphasis on compact, walkable forms of residential and mixed use development
within a PUD, auto-oriented uses, building types, and facilities, including uses that require expansive
onsite parking, are generally precluded from locating within a PUD, unless specifically designed to
emphasize a pedestrian scale and orientation of development fronting on and accessed from the
adjacent street, for example by locating shared parking facilities to the rear of the building, as
accessed from a side street. New drive-through facilities are prohibited from locating within a PUD.
The inclusion of a drive-through ATM was a major issue in the previous application for the project.
The drive-through has been removed in this application.
I. Solar Siting Preferences. Applicants are encouraged to incorporate renewable energy facilities,
and in particular roof- or ground-mounted solar energy facilities that are compatible with PUD layout
and design, as specified by PUD type. Any areas reserved for ground mounted solar installations serving
the development must be indicated on the PUD Master Plan and depicted on preliminary and final
subdivision plans.
Renewable energy standards are described in LDR 3.18 and include the requirement for solar-ready roof
design in accordance with the Vermont Residential Building Energy Standards (RBES) and Vermont
Commercial Energy Standards (CBES).
Further, LDR 3.19 now requires installation of a solar array for buildings subject to Appendix CA of the
CBES at the time a zoning permit is issued.
15.C.07 General PUD
G. General PUD Dimensional Standards.
General PUD dimensional standards are the underlying subdivision, site plan, zoning district, and
applicable overlay district standards. This section of the LDR pertains to the DRB’s authority for
modification of zoning district standards, and is excerpted at the beginning of this document
under DRB authority.
H. Development Density.
(1) Development Density regulations and definitions included in Section 15.C.04(D) shall
apply to General PUDs.
(2) Development density within a General PUD is determined by maximum development
density in the underlying zoning district, except as follows.
(a) Density can be re-allocated within the PUD area within single zoning districts;
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(b) Additional density may be achieved through either or both Inclusionary Zoning and
application of Transferrable Development Rights where specifically authorized by and as
regulated by Section 18.01 or Article 19.
Compliance with allowable density has already been discussed under 18.01 Inclusionary Zoning
above.
I. General PUD Design Standards
(5) Civic Spaces and Site Amenities. Civic Spaces and/or Site Amenities must be compatible
with the existing or planned development context. General PUDs must comply with applicable
Civic Space and/or Site Amenity requirements in Subdivision (Section 15.A.16(B)(4)) and Site
Plan (Section 14.06(4)).
Civic spaces are discussed under 14.06C below.
(6) Housing Mix. In a General PUD with more than four (4) residential dwelling units, a mix
of two or more dwelling unit types (as allowed within the applicable zoning district) must be
provided as described by Section 15.A.17. Types of dwelling units are differentiated by either
housing type under Article 11.C or, within multi-family structures with more than four (4)
dwelling units, by number of bedrooms per unit.
8. Multifamily structures are provided. Staff recommends the Board ask the applicant how they propose
to mix the number of bedrooms; an acceptable mix was not provided as part of the denied preliminary
and final plat application #SD-23-05.
4. SITE PLAN REVIEW
14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply:
C. Access and Circulation. All proposed development shall comply with site access and circulation
standards of Section 15.A.14.
In addition to changes to the Swift Street driveway, minor modifications have been proposed to internal
pedestrian driveway crossings. The revised layout will be reviewed by the Department of Public Works
and Fire Department at a later stage of review.
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.
Staff reminds the applicant that 24 VSA 4416 b states “the application for site plan approval shall include
a letter from the Agency of Transportation confirming that the Agency has reviewed the proposed site
plan and determined whether a permit is required under 19 V.S.A. § 1111.“
H. Utility Services. Electric, telephone and other wire-served utility lines and service connections
shall be underground insofar as feasible and subject to state public utilities regulations. Any utility
installations remaining above ground shall be located so as to have a harmonious relation to
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neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and
Services, shall also be met.
The South Burlington Water Department had extensive comments on the previous version of the
project. Staff considers these comments remain applicable, but also that they do not affect the
appearance of the project and therefore do not required discussion by the Board. are sufficiently
specific that they can be included as conditions of approval.
5. SUPPLEMENTAL REGULATIONS
13.02 Off Street Parking and Loading
The applicant is proposing 38 surface parking spaces as well as underground parking under the multifamily
building. Parking is regulated under 13.02.
The applicant has proposed to reserve 11 spaces for commercial parking only during business hours.
13.02L pertains to reservation of non-residential parking spaces for single tenants or users.
13.02L. Reserved Parking Spaces. Reservation of non-residential parking spaces for single
tenants or users is strongly discouraged. Reserved parking, and associated signage, shall be
permitted only under the following circumstances:
(1) To meet or exceed Federal ADA requirements
(2) To provide a limited number of courtesy spaces for users (examples: 15-minute only, pick & drop
off, seniors, expectant mothers)
(3) To provide for electric vehicles, carpool spaces, car-share spaces, or other similar purposes
(4) To provide a minimal number of spaces for a small commercial business where other residential
or non-residential uses would otherwise dominate parking areas
(5) Where the Development Review Board finds that other demonstrated unique circumstances
exist that would require a limited number of reserved spaces. In such an instance, the Board
shall permit only the minimum number necessary to address the unique circumstances.
Staff will review the adequacy of parking spaces when information about the unit mix is provided.
13.04 Landscaping, Screening & Street Trees
The applicant has provided a general concept of landscaping. Specific requirements, such as minimum
value, number of shade trees, percent parking lot landscape islands, and adequacy of screening, will be
reviewed at the next stage of review.
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
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material, with a decorative surface or finish;
(5) Poles & building mounted fixtures may be no higher than 30-ft; and,
(6) Poles must be located in safe locations.
Specific requirements for maximum illumination levels are included in Appendix A and are limited to 3
footcandles average at ground level and 0.3 footcandles at the property line. The applicant has
provided a photometric drawing. Slightly greater than 0.3 footcandles is provided at the northern
property line, but given the presence of a recreation path in this location, the Board allows the proposed
lighting as a modification.
The previous application exceeded maximum spillover and maximum illumination levels. Lighting plans
are not yet required nor have they yet been submitted. Lighting will be reviewed at a later stage.
RECOMMENDATION
Staff recommends the Board work with the applicant to address the issues identified herein.
Respectfully submitted,
Marla Keene, Development Review Planner