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HomeMy WebLinkAboutSP-23-046 - Decision - 0224 0268 Market Street THE SNYDER-BRAVERMAN DEVELOPMENT CO., LLC — 224, 268 MARKET STREET, 339 GARDEN ST SITE PLAN APPLICATION #SP-23-046 FINDINGS OF FACT AND DECISION 1 SP-23-046 Findings of Fact and Decision Site plan application #SP-23-046 of the Catamount Run Phase 1 LLC to amend a previously approved plan for a mixed-use building with 11,322 sf of non-residential use and 73 residential units, a mixed- use building with 11,353 sf of non-residential use and 62 residential units, and a 26-unit multifamily building. The amendment consists of changing the unit counts and changing non-residential square footage for all three buildings, and removing the basement and changing the façade of 339 Garden Street, 224, 268 Market Street, 339 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 amend a previously approved plan for a mixed-use building with 11,322 sf of non-residential use and 73 residential units, a mixed-use building with 11,353 sf of non-residential use and 62 residential units, and a 26-unit multifamily building. The amendment consists of changing the unit counts and changing non-residential square footage for all three buildings, and removing the basement and changing the façade of 339 Garden Street, 224, 268 Market Street, 339 Garden Street. 2. The previously-approved and proposed unit counts and non-residential square footages are as follows. Address Applicant’s Building ID Unit Count Non-Residential Square Footage Existing Proposed Existing Proposed 268 Market St B1 73 64 11,322 sf 14,350 sf 224 Market St B2 62 53 11,353 sf 13,350 339 Garden St B3 26 20 N/A 3. The owner of record of the subject property is Catamount Run Phase 1, LLC. 4. The subject property is located in the City Center Form Based Codes Transect 4 (T4) and Transect 5 (T5) Districts. 5. The application was received on October 18, 2023. 6. The submitted materials consists of the following plans and supplemental information. Submission Prepared by Last Revision Date Site Plan Application Andrew Rowe 10/16/2023 Application Narrative Andrew Rowe 10/16/2023 Abutters List Unknown Inclusionary Zoning Summary City of South Burlington / Snyder Braverman 10/04/2023 Trip Generation Estimate Andrew Rowe 10/04/2023 2 #SP-23-046 Findings of Fact and Decision 339 Garden St T4 BES – Primary Façade Unknown 11/29/2022 Email: Water Department Review Andy Rowe / Jay Nadeau 7/28/2023 A01 & A02 339 Garden Elevations Jutras Architecture 10/04/2023 A03 339 Garden Primary Façade Jutras Architecture 10/04/2023 A04 339 Garden Entrances Jutras Architecture 10/04/2023 A05 – A07 339 Garden Floor Plans Jutras Architecture 10/04/2023 A09 – A12 268 Market Floor Plans Jutras Architecture 10/04/2023 A09.1 – A12 224 Market Floor Plans Jutras Architecture 10/04/2023 Sheet 1 Overall Site Plan The Snyder Group, Inc. 10/04/2023 Sheet 3 Grading Plan The Snyder Group, Inc. 10/04/2023 Sheet 4 Utility and Layout Plan The Snyder Group, Inc. 10/04/2023 Sheet 6 Lighting Plan The Snyder Group, Inc. 10/04/2023 Sheet 10 Details The Snyder Group, Inc. 07/27/2023 L1.1 Planting Plan T.J. Boyle Associates, LLC 10/13/2023 7. Review Criteria: Only the standards below are affected by this application. All other standards will continue to be met. 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. Section 8.04 Blocks, Streets, and Alleys D. Primary and Secondary Building Façade determination. Only the façade of 339 Garden Street is proposed to change from previous approvals. For 339 Garden Street, the primary façade is Garden Street. There is no secondary façade. Section 8.06 Special Standards G. Rooftop Elements and Uses; utilities. (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. 3 #SP-23-046 Findings of Fact and Decision Section 8.07 Prohibited Materials No prohibited materials have been proposed. Section 8.08 Open Space Requirements Minimum Open Space is calculated as follows: Required Amount: 339 Garden 20 units x 60 sf/unit = 1,200 sf 224 Market Non-residential 13,350 sf x 5% + 53 units x 60 sf/unit = 3,847.5 sf 268 Market Non-residential 14,350 sf x 5% + 64 units x 60 sf/unit = 4,557.5 sf Total = 9,605 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 Property Open Space. The applicant has not proposed any changes from the previously-approved open spaces approved in SP-22- 060. The project is approved for 5,397 sf of open space in the Large Property Open Space approved in MS- 19-06, 3,500 sf rain garden, 2,375 sf pocket plaza, 1,160 sf garden and 1,190 sf snippet/parklet. This is equivalent to 13,7622 sf of open space. Large Property Open Space: The Large Property Open Space is limited to 50% of the required open space, therefore the credit for it is automatically reduced to 4,802.5 sf. Rain Garden: On Sheet 1, the Overall Site Plan, the applicant has removed the approved detectable warning strip on the sidewalk to the rain garden. The administrative officer finds the applicant must revise Sheet 1 to include the detectable warning as approved in SP-22-060. No changes to the other open spaces or open space phasing are proposed or approved. Section 8.09 Uses Allowed and Changes of Use. Spaces identified on the floor plans as commercial space may not be leased for residential use or for 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 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: 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, 4 #SP-23-046 Findings of Fact and Decision 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. 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. 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. 3.19 On-Site Solar Photovoltaic Systems B. Applicability and Standard. This section shall apply to the receipt of a zoning permit for the construction and subsequent alteration of any building that, beginning May 11, 2023 is required by these regulations and/or the CBES, as amended from time to time, to establish a “solar-ready zone”. For any such building required to establish a solar-ready zone, there shall be installed a solar photovoltaic (“Solar PV”) system designed to maximize the use of the area of the Solar-Ready Zone employing typical Solar PV panel configurations This section is applicable to 339 Garden Street. C. Submission Requirements: The application for a zoning permit shall include: (1) Certification by a qualified professional of the Expected Building Usage and of the anticipated kWh generation of the Solar PV system, and (2) As applicable, a written statement from the relevant utility or other evidence sufficient to determine the extent to which the requirement for a Solar PV system is reduced under Subsection B (1-2). The applicant has applied for concurrent site plan and zoning permit approval. The expected building usage at 339 Garden Street is 140 MWh/year and the solar system production will be 29.5 MWh/year. No reduction in the requirement for a Solar PV system is applicable. 5 #SP-23-046 Findings of Fact and Decision 13.03 Bicycle Parking and Storage. The short-term bicycle parking requirement is 20 spaces based on 137 units at one space per 10 units and 27,700 sf commercial space at 1 space per 5,000 sf. The short-term bicycle parking requirement is met by providing seventeen inverted-U style bicycle racks divided between the front and rear of the three buildings, for a total of 34 short term bicycle parking spaces. The long-term bicycle parking requirement is 140 spaces based on 137 units at one space per unit and 27,700 sf of commercial space at 50% of the short term bicycle parking requirement. The applicant has provided 163 parking spaces in and between the underground parking garages. The previously-approved 26 parking spaces on the first floor of 339 Garden Street have been removed and 23 spaces have been added near the entrance to the underground parking garages. The Administrative Officer finds the bicycle parking requirements to be met. 13.04 Landscaping, Screening & Street Trees The applicant has modified the approved landscaping from SP-22-060 by rearranging the approved plantings to accommodate proposed modifications to the rear of 339 Garden Street. The revised landscaping plan also shows a new, transformer cabinet north of 339 Garden Street, which is proposed to be screened by evergreen shrubs. The Administrative Officer finds the shrubs shall be installed at a size so as to provide screening of most of the transformer cabinet within three years of planting. 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 use abutting an institutional use. Screening and buffering standards continue to be 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 a series of planting beds and paved areas between the building and the street. The paved areas will be used to access the building, for bike parking, and for seating. The Administrative Officer finds this criterion continues to be met. 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. 6 #SP-23-046 Findings of Fact and Decision No modification to approved plantings is proposed. Landscaping budget continues to be met. Vehicle Trip Generation The applicant has calculated proposed trips based on a theoretical assortment of uses. 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. 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: 137 residential units [Land Use Code 221] = 54 VTEs 27,700 sf1 mixed non-residential uses [Land Use Code varies] = 124 VTEs Total = 178 VTEs 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 the 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 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 the non-residential spaces will be calculated at the time of zoning permit application. 1 This number is based on a previous iteration of the proposed floor plan. The applicant has since revised the floor plans to increase the non-residential square footage. Since this value is for the purpose of estimation only and must be updated prior to occupancy of the non-residential spaces, the Administrative officer finds it acceptable for the purposes of this decision. 7 #SP-23-046 Findings of Fact and Decision The construction cost for the segment of Garden Street approved in Site Plan #SP-18-18 (Garden Street from Market Street to the northern terminus) was $964,850. The applicant has received credit in the amount of $62,940.49 for projects approved in #SP-18-18 and #SP-20-030 for the construction of the segment of Garden Street approved in #SP-18-18. The applicant has also received approval for credit for $215,340 for the projects that are the subject of this amendment. Since the non-residential spaces are not yet defined, only $91,113.30 of that approved credit has been used. $91,113.30 consists of $41,777.51 in residential road impact fees for 268 Market Street, $32,806.03 in residential road impact fees for 224 Market Street, and $16.529.76 in residential road impact fees for 339 Garden Street. With this application, the applicant is proposing to reduce the total number of residential PM peak hour vehicle trip ends from 63 to 54. In no event shall the impact credit 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 137 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 137 dwelling units consisting of 49 studio & one-bedroom units, 52 two-bedroom units, and 36 three-bedroom units. Inclusionary requirement: o Minimum which must be inclusionary units: 137 x 15% = 20.55 (round to 21) (2) Inclusionary units required under this section shall be: 8 #SP-23-046 Findings of Fact and Decision (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 1.7. The mean number of bedrooms in the inclusionary units is 1.7. This criterion is met. The inclusionary units have already been constructed. 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: 9 #SP-23-046 Findings of Fact and Decision 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 10 #SP-23-046 Findings of Fact and Decision Primary Building Façade Requirements Secondary Building Façade Requirements Applicant Self- Evaluation, 339 Garden St Criteria Satisfied, 339 Garden St Primary Façade Primary 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 (b)Accessory N/A N/A (3)Floor-to-Floor Height (a)First story 11'-3"Yes (b)Upper Stories 10'-9" & 12'-9"Yes (4)Build-to-Zone (a)Primary Build-to-Zone (See note 3)0' Min., 12' Max.0' Min., 18' Max.9' (b)Secondary Build-to-Zone (See note 3)0' Min., 24' Max.0'. Min., 36' Max.N/A (5)Frontage (a)Frontage Buildout , Primary Streets (See note 3)70% Min.70% Min. (Note 1)calculated as composite for T4 & T5 80% composite, 72% in T4, 97% in T5 (b)Frontage Buildout , Secondary Streets (See note 3)70% Min. within 80' of Primary Street, 50% Min. elsewhere 70% Min. within 80' of Primary Street, 50% Min. elsewhere (Note 1) calculated as composite for T4 & T5 N/A (b)Percentage of Frontage Buildout within the Primary Build-to-Zone (See note 3) 75% Min.100% Max.100%100% (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone (See note 3) 0% Min., 25% Max.100% Max.0%0% (6)Entrances (a)Average frequency of Public Entrances, non- residential first story use (See note 3) 36' Max.54' Max.N/A N/A (b)Maximum distance between Public Entrances, non- residential first story use (See note 3) 46' Max.72' Max.N/A N/A (c )Average Frequency of Operable Entrances, residential first story use (See note 3) 36' Max.54' Max.21'-2"23'-7", Yes (d)Maximum distance between Operable Entrances, residential first story use (See note 3) 46' Max.72' Max.29'-7"Yes (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 Min. 20% of the Width of the Building, and Min 7.5' in Height for non-residential and 6' in height with min. head height of 7.5' for residential 65'-2"54.5%, Yes (b)First Story, percent of glazing required to be transparent 75% Min.75% Min.84%Yes (c )Upper Stories (d)Ground story residential privacy bottom of windows are 3' above FFE Yes See Note 2 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. 2 Min., 5 Max. 1 Max. 24' Max. 14' Max Permitted N/A None N/A None N/A 339 Garden St T4 BES Standard None N/A None N/A 11 #SP-23-046 Findings of Fact and Decision Primary Building Façade Requirements Secondary Building Façade Requirements Applicant Self- Evaluation, 339 Garden St Criteria Satisfied, 339 Garden St Primary Façade Primary Façade (8)Building Breaks (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80'5 required, 7 providedYes (b)Single Span of Horizontal Facade Without a Break 48' Max.48' Max.22'-6"Yes (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules info not provided Yes (D) Block and Street Standards (1)Blocks (a)Perimeter (See note 3)info not provided (b)Length (See note 3)info not provided (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 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 >700'Yes (b)All other streets N/A N/A (E ) Parking Standards (1)Parking Requirements (a)Per Residential Unit 1.7 Yes (2) Location & Screening (a) N/A N/A (b)78'Yes (c )N/A N/A (d)screened by building Yes (e )not proposed N/A (f) 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 ) Parking shall only be permitted in compliance with applicable BES standards for building frontage (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 N/A N/A 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. No building located within one hundred and fifty feet (150') from the R4 or R7 District boundary shall exceed four (4) stories in height. 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. 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 under structures is encouraged 400' Min. distance between curb cuts 400' Min. distance between curb cuts 100' Min. distance between curb cuts Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted Connection, Not a Street N/APermitted Connection, Not a Street Permitted Connection, Not a Street Prohibited Permitted, Qualifies as a Street No street proposed N/A Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Encouraged 2,800' Max.Exempt (See LDR 8.04B(1))300' Min., 700' Max. 339 Garden St T4 BES Standard 12 #SP-23-046 Findings of Fact and Decision Primary Building Façade Requirements Secondary Building Façade Requirements Applicant Self- Evaluation, 339 Garden St Criteria Satisfied, 339 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 (5) N/A (G) Streetscape Standards (1)General Standards (a) Yes (b) Yes (c ) Yes (d)Proposed development shall comply with all requirement of Article 11 Yes (2)Streetscape requirements (a)Benches N/A (b)Bicycle Parking N/A (c ) Street Tree Spacing, on center Consistent with approved street section Notes (1) N/A N/A (2)Upper Story Glazing Shall comply with the following standards: 33.90%Yes 100%Yes Yes Yes (e) A minimum of 85% of all required glazing shall be transparent 100%, Yes (3)Standard does not apply to a building façade abutting an Intertstate or Interstate ramp 50' Max. average 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. (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. (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. 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. 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 Small Single Story Principal Buildings. New small single-story principal buildings shall be permitted subject to the following requirements:N/A N/ASuch building shall have a maximum footprint of 3,500 square feet; and, Such building shall comply with all other provisions of these Regulations. 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. Large Single Story Principal Buildings. New large single-story principal buildings shall be permitted subject to the following requirements: N/A N/A Such building shall have a frontage greater than 100' and a footprint greater than 10,000 square feet; 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; 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, 339 Garden St T4 BES Standard 13 #SP-23-046 Findings of Fact and Decision DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-23-046 of Catamount Run Phase 1 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 plans shall be revised to show the changes below and shall require approval of the Administrative Officer. A digital (PDF) copy of the approved revised plans shall be submitted to the Administrative Officer prior to issuance of the zoning permit. Plan sheets shall be saved as individual files named to include the plan sheet number and latest revision date. a. update the sweeping language on the EPSC plan to say, “Sweeping paved area with a mechanical or vacuum street sweeper to remove sediment as needed, or anytime sediment is visible on Market or Garden Street” b. add a note to the EPSC plan to clarify vehicle access to the site during construction: “During construction no vehicles will exit/enter the property at any location other than the entrance on Garden Street where a stabilized construction entrance is located”. c. add a note to indicate that all EPSC measures will be maintained to ensure their effectiveness. 4. The Administrative Officer concurrently issues Zoning Permit #ZP-23-403, ZP-23-404, and ZP-23- 405. 5. Non-residential spaces #106 on 224 Market Street and #115 in 268 Market Street, indicated on approved plans A-17 and A-07 respectively as commercial tenant space, may not be leased for residential use, or uses supporting a residential use, for a period of more than three (3) years, and the initial three year lease may only be renewed in one-year increments thereafter. Other spaces identified on the floor plans as commercial tenant space may not be leased for residential use, or uses supporting a residential use. 6. Occupancy of non-residential spaces shall require zoning permit approval, and associated wastewater allocation and any applicable grease trap permits, prior to fit-out and occupancy. 7. The building will generate approximately hundred seventy eight (178) vehicle trip ends during the P.M. peak hour. 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. 8. The applicant shall record the cross-lot easement prior to issuance of the first zoning permit for the property. 9. 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. 10. 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 14 #SP-23-046 Findings of Fact and Decision Occupancy for Phase 2 is issued until after a certificate of occupancy for Phase 1, and similarly for phases 2 and 3. 11. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of any building. 12. The applicant must complete construction of the Garden Street south of the curb cut prior to issuance of a certificate of occupancy for 268 Market. The segment north of the curb cut must be complete within two years of issuance of a certificate of occupancy for 268 Market Street, or prior to issuance of a certificate of occupancy for 339 Garden Street, whichever comes first. The certificate of occupancy for 224 Market Street shall not be issued until the modifications to the school/library driveway shown on the approved plans are complete. 13. 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. 14. Shrubs for utility cabinet screening shall be installed at a size so as to provide screening of most of the transformer cabinet within three years of planting. 15. The applicant shall provide seating as shown on the plan in the northern half of the space prior to occupancy of 224 Market Street. Seating in the southern half may be provided when the commercial spaces are occupied. 16. 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. 17. 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. 18. On-site surface parking must be shared between all on-site uses. 19. Trees shall be located at minimum 4-ft from edge of parking lot islands to not inhibit apparatus access in the parking areas and at the corners of the buildings and access to the FDCs. 20. All entrances to spaces labeled as commercial on the approved plans must be operated in a manner consistent with the definition of public entrance. 21. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 22. 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. 23. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 24. All exterior lighting must be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 25. Bicycle parking and clothes lockers must be installed in a manner meeting the minimum standards of Section 13.14. 15 #SP-23-046 Findings of Fact and Decision 26. All new buildings are subject to the Vermont Commercial Building Energy Standards and Appendix CA thereof pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. 339 Garden Street is required to have a solar photovoltaic array. 27. Any change to the approved plan will require approval by the Administrative Officer. Signed on this _1_ day of February 2024 by Marla Keene, Acting 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.