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HomeMy WebLinkAboutSP-24-09 - Decision - 0112 Garden Street#SP-24-09 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING THE SNYDER BRAVERMAN DEVELOPMENT CO, LLC — 112 GARDEN STREET SITE PLAN APPLICATION #SP-24-09 FINDINGS OF FACT AND DECISION Site plan application #SP-24-09 of The Snyder-Braverman Development Co., LLC, to amend a previously approved plan for a mixed-use building consisting of 120 units and 6,800 sf of commercial space on three existing lots totaling 2.63 acres. The amendment consists of fence, entrance and building façade modifications, 112 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, The Snyder Braverman Development Co, LLC, seeks site plan approval to amend a previously approved plan for a mixed-use building consisting of 120 units and 6,800 sf of commercial space on three existing lots totaling 2.63 acres. The amendment consists of fence, entrance and building façade modifications, 112 Garden Street. 2. The owner of record of the subject property is Prospect Place Apartments, LLC. 3. The subject property is located in the City Center Form Based Code Transect 4 (T4) District and the Transit Overlay District. 4. The application was received on March 7, 2024. 5. The project obtained initial approval for Garden Street Infrastructure in #SP-20-009, and for the building at 112 Garden Street in #SP-22-050. 6. The submitted materials consists of the following plans and supplemental information. Directly superseded materials are excluded. • Form Based Code Application • Form Based Code Application Cover Letter/Memo 2/23/24 • Abutter and Owner Address Sheet • Zoning Permit Application 2/23/24 • Project Drawings Sheet Number Sheet Name Latest Revision Date A3-00 Building Elevations North and West 02/22/2024 A3-01 Building Elevations South and East 02/22/2024 A211 Building First Floor Plan 03/06/2024 A3 Garden Street Building Requirements 02/22/2024 A3-03 Garden Street Building Requirements 12/12/2023 C 1 Site Plan 02/02/2024 C 3 Grading and Utility Plan 02/02/2024 C 5 Lighting Plan 02/02/2024 C 8 Details Sitework 02/02/2024 C 11 Pavement Markings and Sign Plan 02/02/2024 SP-24-09 Findings of Fact and Decision 2 L101 Landscape Detail Layout and Materials 02/12/2024 L100 Overall Layout and Materials 02/12/2021 L200 Planting Plan 02/12/2024 1 Phased Completion Plan and Temporary Pedestrian and Vehicular Access 04/04/2024 7. Process Elements: a. The project is subject to administrative review. The requirements for a pre-application meeting, abutter notice, and written Department of Public Works and Fire Department review are not applicable because the application consists of less than 5,000 sf expansion from the previous approval for which such requirements were addressed. b. The Administrative Officer deemed the application complete on April 4, 2024. 8. 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. The updated BES is provided below. 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. No changes to the building placement are proposed or approved. 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. The public street was approved (SP-20-009) pursuant to the conditions of subdivision approval SD-19-24. The conditions of that approval require certain portions of the roadway to be complete prior to issuance of the certificate of occupancy for the first building on the street segment. The approval for this lot, SP-22-050, specified that the conditions of SD-19- 24 be met prior to issuance of a certificate of occupancy for this building, 112 Garden Street. Since approval of SP-22-050, construction on adjacent lots has accelerated and is now taking place concurrently with construction on 112 Garden Street. In the interest of improved traffic and circulation on Market Street, as well as public safety adjacent to ongoing construction sites, the Administrative Officer hereby modifies the conditions of SP- 22-050. SP-24-09 Findings of Fact and Decision 3 The elements identified on the plan sheet entitled “Phased Completion Plan and Temporary Pedestrian and Vehicular Access” shall be completed as designated on that sheet, except as follows. a. The wearing course and striping for Garden Street shall be complete at least 1 month prior to requesting that the road be opened. Incidental work including seeding and final sidewalk tie-ins from the adjacent buildings may be completed prior to occupancy of the adjacent buildings. b. At least 5-ft clear and open sidewalk shall be provided along the South side of Market Street along N Block no later than August 26, 2024. Temporary (partial day) closures may be permitted by approval of the Director of Public Works or their designee. c. Items identified as “Temporary” on that sheet must be restored to the permanent conditions shown on the remaining approved plan sheets no later than concurrently with the opening of Garden Street (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. No changes to previous approvals are proposed. (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: (a) – (e) Not applicable. C. Primary and Secondary Streets. Garden Street is a primary street. D. Primary and Secondary Building Façade determination. In accordance with 8.04D, the principal façade is located on Garden Street. E. Corner Radii; Clear zones. No changes to previous approvals are proposed. F. Alleys. SP-24-09 Findings of Fact and Decision 4 No alleys are proposed. Section 8.05 Parking No changes to previous approvals are proposed. 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. F. Required Minimum Stories, Combined Stories. No changes to previous approvals are proposed. G. Rooftop Elements and Uses; utilities. The applicant has proposed to modify the approved rooftop structure by removing the cross-pieces. (1) Conceal rooftop devices. No changes to mechanical equipment or appurtenances are proposed. (2) Flat Roof Designs. No changes to architectural elements at the cornice of the roof are proposed. (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. No changes to the dimensions of the rooftop structure are proposed. The applicant is considering a change to design elements within the previously-approved 500 sf roof tower and is proposing to test-install and visualize one or more components prior to finalizing the feature in collaboration with the Administrative Officer in order to produce a final product that complies with this standard and presents an attractive gateway feature. The Administrative Officer considers this approach acceptable and may consider any final design as a field change. (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. No changes to previous approvals are proposed. 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 unless subsequent alternative compliance is approved by the DRB. SP-24-09 Findings of Fact and Decision 5 Section 8.07 Prohibited Materials The applicant is proposing to replace some of the approved building materials with different building materials. No prohibited materials are proposed. Section 8.08 Open Space Requirements No changes to approved or required open space are proposed. Section 8.09 Uses Allowed and Changes of Use. No prohibited uses have been proposed. Section 8.14 T-4 Building Envelope Standards See below. TRAFFIC OVERLAY DISTRICT No changes to previous approvals are proposed. 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. (a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. No changes to previous approvals are proposed. (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. No changes to previous approvals are proposed. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. No changes to previous approvals are proposed. (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. The applicant is proposing a modification to doors at the northwest corner of the building. The same number of doors are provided, and continue to provide access to the same interior spaces. (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. No changes to previous approvals are proposed. SP-24-09 Findings of Fact and Decision 6 The Administrative Officer finds this criterion met. (2) Parking: No changes to previously approved parking are proposed. (3) The height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. No changes to previous approvals are proposed. B. Relationship of Structure and Site to Adjoining Area The applicant is proposing modification to some of the entrances and elements of the building façade. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g. rhythm, color, texture, form or detailing), landscaping, buffers, screens, and visual interruptions to create attractive transitions between buildings of different architectural styles. (2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The Administrative Officer finds the proposed changes to be relatively minor and unaffecting compliance with these criteria. 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 No changes to previous approvals 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. Changes to previously approved pedestrian circulation include minor modifications to the accessible entrance on the south side of the building near the parking lot. 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. See 8.13 below. SP-24-09 Findings of Fact and Decision 7 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. No changes to previous approvals are proposed. 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. No changes to previous approvals are proposed. H. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met. No changes to previous approvals are proposed. 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. No changes to previous approvals are proposed. BUILDING ENVELOPE STANDARDS See following pages SP-24-09 Findings of Fact and Decision 8 SP-24-09 Findings of Fact and Decision 9 SP-24-09 Findings of Fact and Decision 10 SP-24-09 Findings of Fact and Decision 11 Highlighted cells above have been updated to reflect current proposal. Unhighlighted cells are unchanged from previous approval. SP-24-09 Findings of Fact and Decision 12 DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-24-09 of The Snyder Braverman Company, LLC, subject to the following conditions: 1. This project shall be completed as shown on the plan(s) on file in the South Burlington Department of Planning and Zoning. 2. The Administrative Officer hereby concurrently issues Zoning Permit #ZP-24-045. Prior to Issuance of a Certificate of Occupancy 3. 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. 4. 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. 5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 6. All products installed in the qualifying open space must be of high quality materials intended to be used for commercial application, pursuant to Appendix G. 7. Bicycle parking and clothes lockers must be installed in a manner meeting the minimum standards of 13.14. 8. 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. 9. All new buildings are subject to the Stretch Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. The applicant must provide the Administrative Officer with a copy of the energy certificate for each building prior to issuance of a Certificate of Occupancy. 10. The elements identified on the plan sheet entitled “Phased Completion Plan and Temporary Pedestrian and Vehicular Access” shall be completed as designated on that sheet, except as follows. a. The wearing course and striping for Garden Street shall be complete at least 1 month prior to requesting that the road be opened. Incidental work including seeding and final sidewalk tie-ins from the adjacent buildings may be completed prior to occupancy of the adjacent buildings. b. At least 5-ft clear and open sidewalk shall be provided along the South side of Market Street along N Block no later than August 26, 2024. Temporary (partial day) closures may be permitted by approval of the Director of Public Works or their designee. c. Items identified as “Temporary” on that sheet must be restored to the permanent conditions shown on the remaining approved plan sheets no later than concurrently with the opening of Garden Street SP-24-09 Findings of Fact and Decision 13 Operational and Ongoing Conditions 11. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 12. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 13. 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. 14. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of any building. 15. Any change to the approved plan will require approval by the Administrative Officer. Signed on this 3rd day of May, 2024 by _______________________________________ Marty Gillies, 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.