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HomeMy WebLinkAboutSP-24-22 - Decision - 0224 0268 Market Street#SP-24-22 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CATAMOUNT RUN PHASE 1, LLC — 224 & 268 MARKET STREET SITE PLAN APPLICATION #SP-24-22 FINDINGS OF FACT AND DECISION Site plan application #SP-24-22 of Catamount Run Phase 1, LLC, to amend a previously approved plan for a mixed-use building with 14,350 sf of non-residential use and 64 residential units, a mixed-use building with 13,350 sf of non-residential use and 53 residential units, and a 20-unit multifamily building. The amendment consists of open space, entrance, window, and building façade modifications to the buildings at 224 & 268 Market Street, 224 & 268 Market Street and 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, Catamount Run Phase 1, 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 open space, entrance, window, and building façade modifications to the buildings at 224 & 268 Market Street, 224 & 268 Market Street and 339 Garden Street. 2. The owner of record of the subject property is Catamount Run Phase 1, LLC. 3. The subject property is located in the City Center Form Based Code Transect 4 (T4) and Transect 5 (T5) Districts and the Transit Overlay District. 4. The application was received on June 5, 2024. 5. The project obtained initial approval for the buildings at 224 Market Street, 268 Market Street, and 339 Garden Street via #SP-22-060, issued on February 7, 2023. The project then was amended to change the unit counts and non-residential square footage in all three buildings via #SP-23-046, issued on February 1, 2024. 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 Directly superseded materials are excluded.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 6/5/2024 • Associated Zoning Permit Application 6/5/2024 • Project Drawings Sheet Number Sheet Name Latest Revision Date A-02 Building B1 Elevations – Market St & Garden St 6/5/2024 A-03 Building B1 Elevations – Back & Patio 6/5/2024 A-08 Building B1 Plan – Level 1 6/5/2024 A-04 Building B2 Elevations – Back & Patio 5/31/2024 A-09 Building B2 Plan – Level 1 5/31/2024 1 Overall Site Plan 1/5/2024 3 Grading Plan 1/5/2024 SP-24-22 Findings of Fact and Decision 2 L2.0 Hardscape Details 5/7/2024 L1.0 Hardscape Plan 5/7/2024 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 June 7, 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 D. Primary and Secondary Building Façade determination. Only the façade of Building B1, addressed 268 Market Street, is proposed to change from previous approvals. For 268 Market Street, the primary façade is Market Street. The secondary façade is Garden Street. 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. SP-24-22 Findings of Fact and Decision 3 G. Rooftop Elements and Uses; utilities. No changes to previous approvals are proposed. H. Alternate Compliance for Entrances in T4. The applicant is proposing to add several doors along unregulated facades of the identified buildings, including the facades that face the proposed rear parking lot and the shared Site Amenity. The applicant is not requesting alternative compliance for the previously approved public-facing entrances. Section 8.07 Prohibited Materials The applicant is proposing to replace some of the approved building materials (brick) with different building materials (cement board panel). No prohibited materials are proposed. Section 8.08 Open Space Requirements The applicant is proposing to amend the proposed pocket plaza by removing the sculptural canopies that provided some shade in part of the plaza, and instead install a series of decorative laser-cut aluminum panels that will screen the parking lot from view of the plaza and “provide a sense of enclosure”, as the applicant testified. A. Purpose No changes to previous approvals are proposed. B. General Requirements No changes to previous approvals are proposed. The required size and the provided size of the identified Site Amenity are unchanged as part of this application. C. Qualifying Civic Space/Site Amenity No changes to previous approvals are proposed. D. General Civic Space/Site Amenity Notes No changes to previous approvals are proposed. E. Civic Space/Site Amenity Location No changes to previous approvals are proposed. F. Off-Site Civic Space/Site Amenity Credits No changes to previous approvals are proposed. G. Landscaping Requirements The applicant testified that the combined value of the two structural canopies to be removed was $25,000, and that the value of the decorative laser-cut aluminum panels, including cost of installation, will be in excess of $25,000. As such, the Administrative Officer finds that the applicant has maintained the minimum required landscaping budget and finds this criterion met. The applicant further testified that the specific location and layout of the landscaping plan is being adjusted to align with the adjusted walkways & ramps at various building entrances. The Administrative Officer finds that this adjustment has no impact on the previously approved landscaping plan. H. Maintenance No changes to previous approvals are proposed. SP-24-22 Findings of Fact and Decision 4 Section 8.09 Uses Allowed and Changes of Use. No prohibited uses have been proposed. Section 8.14 T-4 Building Envelope Standards No changes affecting compliance with the Building Envelope Standards are proposed. 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 to adjust walkways & ramps at building entrances to align with building plans. The Administrative Officer finds that the proposed adjustment will not impact compliance with this criterion. (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. 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 a minor modification to an element of a portion of the building façade. SP-24-22 Findings of Fact and Decision 5 (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. No changes to previous approvals are proposed. 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 8.14 above. 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. SP-24-22 Findings of Fact and Decision 6 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. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-24-22 of Catamount Run Phase 1, 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 Permits #ZP-24-184 and #ZP- 24-185. 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. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. SP-24-22 Findings of Fact and Decision 7 11. The applicant must regularly maintain all stormwater treatment and conveyance infrastructure. 12. 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. 13. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the altered portions of the site building. 14. Any change to the approved plan will require approval by the Administrative Officer. Signed on this 17th day of June, 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.