HomeMy WebLinkAboutSD-19-18 - Decision - 0180 Market StreetCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
CITY OF SOUTH BURLINGTON
180 MARKET STREET
PRELIMINARY AND FINAL PLAT APPLICATION #SD‐19‐18
FINDINGS OF FACT AND DECISION
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Preliminary and final plat application #SD‐19‐18 of the City of South Burlington to subdivide a 4.09 acre
lot into three lots of 0.27 acres, 0.61 acres, and 3.21 acres for the purpose of a future development
project under the Form Based Code on the 0.61 acre lot and dedicating the 0.27 acre lot as a public right
of way, 180 Market Street.
The Development Review Board held a public hearing on Tuesday July 2 and July 16, 2019. The applicant
was represented by Andrew Bolduc, Paul Boisvert and Tim McKenzie.
Based on testimony provided at the above mentioned public hearings and the plans and supporting
materials contained in the document file for this application, the Development Review Board finds,
concludes, and decides the following:
FINDINGS OF FACT
1. The Project consists of subdividing a parcel into 3 lots.
2. The owner of record of the subject properties is South Burlington City Center, LLC.
3. The application was received on May 31, 2019.
4. The subject property is located in the Form Based Code District Transect Zone 4 and Transect
Zone 5.
5. The plans submitted consist of one page, entitled “Boundary Subdivision Plat for South Burlington
City Center, LLC,” prepared by Latitudes Land Surveying dated 1/9/2019. The applicant also
submitted several schematic exhibits for the purpose of demonstrating compliance with the
subdivision standards.
6. The Sketch Plan application (#SD‐19‐13) for this project was heard by the Board on May 7, 2019.
7. The Applicant is proposing to subdivide one existing parcel into three lots in preparation for
development on Lot B1. Lot B2 will be for a future public right of way, and the remainder of Lot
B will be the location of future development and potential future subdivision. The development
of Lots B1 and B will be subject to administrative review through the Form Based Code process.
A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
The existing lot and all three of the lots proposed to be subdivided straddle the T4 and T5 zoning districts.
The applicant is requesting under separate conditional use application (#CU‐19‐05) that the applicable
standards of the T5 zoning district be shifted so that the entirety of proposed lot B1 is located in the T5
zoning district.
There are no minimum lot dimensions within the T4 or T5 zoning districts.
The applicant has provided two versions of the plat plan for the property. The first version shows the
proposed subdivision and existing easements. The second version shows the proposed subdivision with
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proposed easements annotated. The Board finds that since the applicant does not intend to make any
modifications to the existing easements as part of this application, the annotated version of the plan does
not have bearing on this application and is not considered an approved plan. The Board notes the LDR
does not require the applicant to receive Board approval for modification of easements, except if
modifications to an easement were explicitly addressed in a previous Board decision.
8.04 Blocks, Streets and Alleys
A. General Standards
(1) Purpose. To implement the goals of the Comprehensive Plan and purposes of the City Center
FBC District, including transportation, economic development, creation of an active, pedestrian‐
friendly environment, and to implement the intent of block standards identified within the
Building Envelope Standards of each Transect Zone.
The Board finds that the proposed subdivision to create two development lots and one lot for a
public right of way meets the goals of the district, as discussed below under Subdivision Standard
#8.
(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.
As presented at sketch, the applicant has proposed to provide a 60‐foot ROW and construct the
planned City street. The proposed street generally meets the standards of Section 15.12.
Compliance with Article 11 is discussed in 8.04B(2) below. Nothing in this application precludes
curb cuts consistent with the FBC from being installed on this new street section. The Board
notes the pavement cross section may need to be modified at the direction of the Director of
Public Works at the time of construction.
(3) – (4) N/A
(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. This requirement, however, shall not apply to the planned street extending
north from Barrett Street depicted on the City Center Form Based Code Primary & Secondary
Street & Block Standard applicability map.
The applicant is proposing to extend the street to the northern property boundary. The Board
finds this criterion met.
(6) N/A
B. Location of blocks and streets.
(1) Applicability of block lengths and perimeters.
The subject property is exempt from block lengths and perimeter standards
(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
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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) Where applicable, the applicant shall construct such street in accordance with the
requirements of these Regulations;
(b) N/A
(c) Where the City identifies a specific Street Type on the Official Map, such street shall
comply with the standards for that street type in Article 11;
(d) – (e) N/A
The street does not have a designated type on the official map. 11.03B(3) requires the DRB
to determine the applicable street type for the proposed ROW.
11.03B Determination of Applicable Street Types
(3) Where a new street, pedestrian pass, mid‐block lane, or other similar roadway is
required or proposed, the Development Review Board shall determine the applicable street
type.
(a) Any such determination shall be based upon a review of supporting
documentation from the applicant (or City, at its discretion) which shall consist, at a
minimum, of the following information:
(i) A statement of the proposed street type and specific reasons for the choice of
proposed street type;
(ii) The project traffic volumes, including trucks, pedestrians, and bicyclists, and
other relevant information; and,
(iii) A statement of compatibility with the present and anticipated improvements to
adjacent roadway sections.
(b) In makings its determination, the DRB shall consider the following:
(i) Only street types listed as “allowable street types” in the relevant Building
Envelope Standards shall be eligible;
(ii) The intent of the potentially applicable street typologies;
(iii) The anticipated adjacent development patterns;
(iv) Planned, proposed, or anticipated connections and extensions from existing
roads;
(v) Facilities needed to accommodate anticipated users, including vehicles,
pedestrians, and cyclists;
(vi) Long range studies, capital plans, the Comprehensive Plan, and related planning
& policy documents prepared by or with the City of South Burlington; and
(vii) Recommendations from the Public Works and Planning & Zoning
Departments
The applicant is proposing to construct a Support Street street type. The applicant has
provided the following narrative in support of their request.
For the purposes of the DRB’s determination of the applicable street type (11.03 B.(3)), the City
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is proposing a Support Street street type because this street is
1) located off of and in support to the uses on Market Street (80’ Right of Way) which is
currently under reconstruction as a wide commercial street,
2) will have commercial on the south west corner of proposed Lot B since zoning
requirements require commercial uses on the ground floor on Market Street and a
support street is an appropriate transition street that supports commercial, residential,
and institutional uses,
3) allows additional on street parking; and
4) may at some undetermined and far future date connect to Williston Road as per the
Official Map, and thus provide an appropriate side street in support of this primary
thoroughfare.
The role in the community of the support street is as follows (page 198 of the LDRs) “Support
Streets are side streets parallel or perpendicular from primary thoroughfares with higher levels
of activity (Destination Streets, Commercial Streets, Avenues, or Commercial Boulevards).
Support Streets allow for a harmonious transition from high activity along the primary
thoroughfare into the surrounding land use context. Support Streets provide space for
deliveries and additional on‐street parking, especially where those uses may be constrained on
the primary thoroughfare.”
The City has consulted with co‐applicant/current owner of the land east of the new street and
with the School District staff. The draft site plan layout reflects changes to ensure the design’s
compatibility with the anticipated improvements to adjacent roadways sections while
retaining an 8‐foot‐wide sidewalk that connects to the eight‐foot recreation path on the
Central School site. The proposed street cross section and streetscape has been reviewed by
the adjacent property developer’s engineer and comments have been incorporated into the
site layout.
It is anticipated that this street will be used by a variety of modes in order to access adjacent
parcels:
[see applicant’s narrative for a table of anticipated modal mix]
The City is proposing to install a full streetscape on both sides of the planned (future) street
(Lot B2) in conformance with the Support Street typical (travel lane, parking, greenbelt mixed
with hardscape featuring street lights and trees, and sidewalks). See draft site plan for layout.
Minimal lane widths, on‐street parking, street trees, and street lights as well as curb extensions
(bump‐outs) at driveways and crosswalks serve to buffer and protect pedestrian facilities, calm
and slow traffic, light sidewalks and provide shade. These measures provide an inviting and safe
environment for alternative modes of transportation while accommodating motor vehicles.
The Board approves the applicant’s request for a Support Street type.
The Board notes they are only approving the ROW location and street type. All other submitted
information pertaining to the street are to be considered reference materials only.
C. – E. N/A
F. Alleys. Alleys are encouraged in the City Center Form Based Code (FBC) District to minimize curb
cuts and to provide access to parking and service areas behind buildings. Alley locations and
dimensions are not fixed but shall be designed to accommodate the alley’s purpose.
No alleys are proposed. The Board finds this criterion met.
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B) ARTICLE 13 SUPPLEMENTAL REGULATIONS
13.06 Landscaping, Screening and Street Trees
13.14 Bicycle Parking & Storage
13.17 Fences
13.18 Utility Cabinets
The applicant has provided a draft site plan for the purposes of showing the proposed configuration for
Garden Street and how the development on Lot B1 is proposed to be generally configured. The Board
finds that the applicable standards of Article 13 will be reviewed as part of the site plan application for
the Form Based Code district.
C) 15.18 CRITERIA FOR REVIEW OF PUDS, SUDVIDISIONS, TRANSECT ZONE SUBDIVISIONS AND MASTER
PLANS
Standards (1), (2), (6), and (7) pertain specifically to site design and are not applicable for review of
this subdivision.
(3) The project incorporates access, circulation and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely
on the findings of a traffic study submitted by the applicant, and the findings of any
technical review by City staff or consultants.
The applicant is proposing a 60‐foot right of way for the purposes of a future public street.
Access to Lot B from the future public street shall be allowed.
The applicant provided the following description of the construction schedule for the planned
street.
The new street is planned to be initiated in June with the completion of utility work,
grading, curbing, and initial paving (including the shared recreation path) by November
of 2019. Some additional concrete work (such as the sidewalk), landscaping and the
installation of above grade features such as street lights and bicycle racks will occur in
2020/2021. All work will be completed by June 2021.
Without explicitly requiring the stated construction schedule, the Board considers the
proposed construction sequence acceptable and finds this criterion met.
(4) The project’s design respects and will provide suitable protection to wetlands, streams,
wildlife habitat as identified in the Open Space Strategy, and any unique natural features
on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these
Regulations related to wetlands and stream buffers, and may seek comment from the
Natural Resources Committee with respect to the project’s impact on natural resources.
The Board approved a conditional use application (#CU‐18‐01) for the proposed wetland
impacts of the overall development. The Board finds this proposed subdivision consistent
with that application and considers this criterion met.
(5) The project is designed to be visually compatible with the planned development patterns in
the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in
which it is located. For Transect Zone subdivisions, this standard shall apply only to the
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location of lot lines, streets and street types, and natural resources identified in Article XII
of these Regulations.
The Board finds the proposed transect zone subdivision creates lots which facilitate the type
of dense development prioritized for the Form Based Code district.
(6) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and
lighting have been designed in a manner that is compatible with the extension of such
services and infrastructure to adjacent properties. For Transect Zone subdivisions, this
standard shall only apply to the location and type of roads, recreation paths, and sidewalks.
The Board finds the proposed road type and configuration compatible with the official map.
(7) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards, absent a specific
agreement with the applicant related to maintenance that has been approved by the City
Council. For Transect Zone subdivisions, this standard shall only apply to the location and
type of roads, recreation paths, and sidewalks.
As discussed pertaining to Section 8.04 above, the Board finds the proposed roadway location
compatible with the official map and the cross section consistent with the Support Street
cross section.
(8) The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The Project is located in the Central District. The objectives of the central district pertain to
creation of a City Center with a strong identity and mix of uses, including residential and non‐
residential uses, open spaces areas, and centralized stormwater management features.
Emphasis is given to promotion of interconnectivity which will result in minimizing parking
demand. The Board finds this criterion met.
(9) The project’s design incorporates strategies that minimize site disturbance and integrate
structures, landscaping, natural hydrologic functions, and other techniques to generate less
runoff from developed land and to infiltrate rainfall into underlying soils and groundwater
as close as possible to where it hits the ground. For Transect Zone subdivisions, this standard
shall apply only to the location of natural resources identified in Article XII of these
Regulations.
The Board approved a conditional use application (#CU‐18‐01) for the proposed wetland
impacts for the overall development. The Board finds this criterion met.
DECISION
Motion by Matt Cota, seconded by Dawn Philibert, to approve Preliminary and Final Plat Application
#SD‐19‐18 of the City of South Burlington, subject to the following stipulations:
1. All previous approvals and stipulations will remain in full effect except as amended herein.
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2. This project must be completed as shown on the plat submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning.
3. The plat must be revised to show the changes below and shall require approval of the
Administrative Officer. One copy of the approved revised plat must be submitted to the
Administrative Officer prior to recording the final plat plan.
a. Provide the signature of the land surveyor.
4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
5. The proposed project must 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 must meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
6. Any changes to the final plat plan will require approval of the South Burlington Development Review
Board.
7. The final plat plan (Boundary Subdivision Plat) must be recorded in the land records within 180 days
or this approval is null and void. The plats shall be signed by the Board Chair or Clerk prior to
recording.
8. A digital PDF version of the approved final plat must be delivered to the Administrative Officer
before recording the final plat plan.
9. A digital file consisting of an ArcGIS or AutoCAD formatted file of the proposed subdivision, including
property lines, easements, and rights of way, either georeferenced or shown in relation to four
easily identifiable fixed points such as manholes, utility poles or hydrants, must be provided to the
Administrative Officer before recording the final plat plan. The format of the digital information shall
require approval of the South Burlington GIS Coordinator.
10. Parking of construction vehicles will be restricted to one side of the road to maintain Fire
Department access during construction.
11. Unless the City of South Burlington has full fee simply ownership prior to the issuance of a zoning
permit for construction of the roadway, the following conditions apply.
a. Prior to recording the final plat plans, all appropriate legal documents including
easements (e.g. irrevocable offer of dedication and warranty deed for the proposed
public road, and utility, sewer, drainage, and water, etc.) shall be submitted to the City
Attorney for approval and recorded in the South Burlington Land Records.
b. Pursuant to Section 15.17 of the Land Development Regulations, the applicant must
submit a Certificate of Title showing the ownership of all property and easements to be
dedicated or acquired by the City to be approved by the City Attorney prior to recording
the final plat plans.
c. In accordance with Section 15.14(E) (2) of the Land Development Regulations, within 14
days of the completion of the public facilities and improvements, the applicant must
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submit to the City Engineer “as‐built” construction drawings certified by a licensed
engineer.
d.Section 15.15A of the Land Development Regulations addresses Performance Bonds,
Escrow Accounts and Letters of Credits for Public Facilities and Improvements. Prior to
start of the improvements described in #12 below, the applicant shall post a landscape
bond for the street trees, which shall remain in effect for three (3) years. The amount of
the bond will be determined as part of Site Plan review related to subsequent
application(s).
e.Prior to start of construction of the improvements described in condition #12 below, the
applicant shall post a bond which covers the cost of said improvements plus 15%
contingency, the amount of which must be approved by the City Engineer as part of Site
Plan review related to subsequent application(s).
12.Prior to occupancy of the first building with frontage on the street, all elements of the approved
street type from the property line on the side adjacent to the approved building to the inside of the
opposite curb must be constructed.
13.Street trees must be in place along the street prior to adding the final layer of the pavement.
14.Access to Lot B from the future public street shall be allowed.
Mark Behr Yea Nay Abstain Not Present
Matt Cota Yea Nay Abstain Not Present
Frank Kochman Yea Nay Abstain Not Present
Jim Langan Yea Nay Abstain Not Present
Dawn Philibert Yea Nay Abstain Not Present
Brian Sullivan Yea Nay Abstain Not Present
John Wilking Yea Nay Abstain Not Present
Motion carried by a vote of 5 – 0 – 0.
Signed this ___ day of July 2019, by
_____________________________________
Matt Cota, Acting Chair
PLEASE NOTE: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail with the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must be mailed to
the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South
Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802‐
951‐1740 or https://www.vermontjudiciary.org/environmental
for more information on filing requirements, deadlines, fees and mailing address.
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.
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