HomeMy WebLinkAboutSD-15-01 - Decision - 0511 Market Street#SD-15-01
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BLACKBAY VENTURES VIII, LLC. --- 135 HINESBURG ROAD
FINAL PLAT APPLICATION #SD-15-01 AND DESIGN REVIEW APPLICATION #DR-14-05
FINDINGS OF FACT AND DECISION
Final Plat application #SD-15-01 & Design Review application #DR-14-05 of Blackbay Ventures
VIII, LLC and the City of South Burlington for a planned unit development to: 1) remove an
existing single family dwelling, 2) construct four (4) three (3) unit multi -family dwellings, and 3)
establish boundary line with adjoining property, 135 Hinesburg Road.
The Development Review Board held a public hearing on February 17, 2015. David Shenk
represented the Blackbay Ventures VIII, LLC.
Based on the plans and materials contained in the document file for this application, the Board
finds, concludes, and decides the following:
FINDINGS OF FACT
1. The project consists of Final Plat application #SD-15-01 & Design Review application
#DR-14-05 of Blackbay Ventures VIII, LLC and the City of South Burlington for a planned
unit development to: 1) remove an existing single family dwelling, 2) construct four (4)
three (3) unit multi -family dwellings, and 3) establish boundary line with adjoining
property, 135 Hinesburg Road.
2. The owners of record of the subject properties are Blackbay Ventures VIII, LLC, South
Burlington City Center, LLC and the City of South Burlington.
3. The subject property is located in the Central District 3 and the City Center Design
Review Overlay District 3.
4. The application was received on January 8, 2015.
5. The plan set submitted consists of a 21 page set of plans. Page one (1) is entitled "Black
Bay Ventures V111 Buildings 1-4 Elevations", prepared by G4 Design Studios, and dated
December 30, 2014.
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Zoning District & Dimensional Requirements:
Table 1. Dimensional Requirements
CD3 Zoning District iRequired
71
Existing
Proposed
Min. Lot Size
N/A
33,228.8 ft.z
No change
Max. Building Coverage ♦
50%
5.6%
26.5%
Max. Total Coverage
80%
7.7%
72.7%
** Min. Front Setback
57 ft.
Hinesburg Rd.
0 ft. Market St.
9 ft. Hinesburg
Rd. / ???
1 ft. Market St;
39.7 ft. Hinesburg
Rd
Min. Side Setback (multi -family)
5 ft.
299.8 ft.
20 ft.
Min. Rear Setback
5 ft.
29.9
51.4 ft.
Max. Building Height
35 ft.
?
32 ft.
Max. Density
25 units/acre
1.3 units/acre
15.79 units/acre
Floor Area Ratio
0.5
?
0.47*
zoning compliance
♦ Building coverage is for the overall PUD.
* Includes only finished area; this is consistent with the LDRs.
** The building encroaches five (5) into the Market Street right-of-way
anticipating that the City will deed this additional land to the Blackbay
Ventures VIII, LLC prior to recording the final plat plan. The applicant has
also requested a setback waiver from Hinesburg Road.
? Unknown but not relevant as existing building is to be removed.
NOTE: Total lot area of 0.763 acres is upon merger of two smaller existing lots.
The Board finds these requirements are met but that a correction is needed. The table above
notes a 39.7 ft setback from Hinesburg Road to match the notation on Sheet C1.1. However,
the zoning requirements table on that same sheet is incorrect, first by stating that the required
front setback for Hinesburg Road is 0'-80' when it is actually 57' and secondly, the table
indicates a proposed setback of 41.7 ft. when 39.7 ft. is shown on the plans.
The Board finds the proposed setbacks of 1 ft. from Market Street and 39.7 ft from Hinesburg
Road acceptable but the Blackbay Ventures VIII, LLC shall correct the Zoning Requirements
table on Sheet CA to indicate that the required front setback for Hinesburg Road is actually 57
ft. and the proposed setback is 39.7 ft. prior to recording of the Final Plat plan.
SECTION 8: CENTRAL DISTRICT (CD)
8.01 General Purpose of the Central District
8.02 Establishment of Sub -Districts
8.03 Prohibited Uses —All Districts
8.04 Dimensional Requirements in All Districts
8.05 Specific Sub -District Regulations
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8.01 General Purpose of the Central District
The Central District is hereby formed in order to encourage the location of a balanced and
coordinated mixture of residential, commercial, public and private uses adjacent to Dorset
Street that support the city center goals and objectives contained in the Comprehensive Plan.
It is designed to promote efficient use of land by concentrating mixed uses within a well-
defined Central District. This will provide a pedestrian -oriented circulation network that
minimizes vehicular traffic. It also encourages the traditional town center pattern of
appropriately scaled buildings facing onto a well-defined and active public street. Innovative
site planning and master planning are encouraged to maximize uses, shared parking, public
open space and pedestrian amenities which create an aesthetically pleasing and socially active
community center on and around Dorset Street. To this end, all applications involving ten (10)
or more acres of land in any Central District shall require a Master Plan approval pursuant to
Article 15 of these Regulations.
8.02 Establishment of Sub -Districts
The Central District is divided into four (4) sub -districts - Central District 1, Central District 2,
Central District 3 and Central District 4. Permitted and Conditional Uses and dimensional
standards vary by sub -district as established in Sections 8.06 through 8.10 of these
Regulations.
The subject parcel is located in the CD 3 District.
8.03 Prohibited Uses - All Districts
Proposed are multi -family dwellings, so these prohibitions do not apply.
8.04 Dimensional Requirements in All Districts
A. Purpose. The general intent of the building setbacks in the Central District is to require
all buildings to front on to public streets and to require that parking facilities are located in the
center of the blocks to the greatest extent practicable, occupy only minimal frontage on public
streets, and are thoroughly screened from view from public streets and rights -of -way.
The Board finds that this criterion is met. The buildings all front on Market Street and the
building that corners both Market Street and Hinesburg Road is appropriately designed as
well. Parking is screened by the buildings and by landscaping and fencing.
B. Location of buildings and structures.
(1) All buildings and structures, with the exception of parking facilities, are required to
be constructed within an allowable building envelope. The maximum depth of allowable
building envelopes shall be eighty (80) feet and, in general, shall be measured from the
nearest planned public street right-of-way as shown on the South Burlington Official Map.
The Board finds that this criterion is met. Buildings are located within the 80 foot depth
measured from Market Street.
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(2) The Development Review Board may approve a building, a portion of which
extends beyond the building envelope provided the building contains a minimum of two
(2) stories and the overall site design of the property is found to be in conformance with
the intent and purpose of the Central District.
The Board finds that the overall design and layout is consistent with the purposes of the
Central District and therefore approves the waiver and authorizes a 17.3 ft. encroachment
into the front setback along Hinesburg Road. The building closest to Hinesburg Road is
setback 39.7 feet which is a 17.3 ft. encroachment.
(3) Exemption for master planned buildings and structures. Buildings and structures
whose footprint, parking, and access are subject to and reviewed in conjunction with an
approved master plan in the Central District 1 shall be exempt from requirements for the
maximum depth of an allowable building envelope.
N/A
C. Special Standards for Setbacks
(1) Side yard setbacks shall be a minimum of five (5) feet, or between zero (0) and five
(5) feet if afire wall is provided.
The Board finds that this criterion is met. Buildings will be 12' —14' apart, and the 'outer'
setbacks are more than that, satisfying this standard.
(2) The front yard setback area along Dorset Street, Brookwood Drive and Sherry
Road shall be restricted to the following uses or improvements:
(a) landscaping and green space
(b) access drives
(c) pedestrian oriented improvements including but not limited to sidewalks,
plazas, benches, and bicycle racks.
(d) utility services provided they are placed underground. Appurtenant facilities
such as transformers and amplifiers may be installed at ground level where such is in
accordance with Section 13.18 of these Regulations (utility cabinets and structures).
N/A
D. Location of Parking Areas and Structures
(1) Multi -level parking garages and decks may be constructed within an allowable
building envelope, and/or outside of an allowable building envelope if located in the
center of a block.
(2) Surface parking may be provided within the allowable building envelope if it is
located behind a building and is hidden from view from the public street.
(3) The Development Review Board may approve surface parking which is within the
allowable building envelope and which is not hidden from view from the public street by a
building, provided:
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(a) the subject parking represents the smallest practicable portion of the total
parking required for the property,
(b) the area encompassed by the subject surface parking represents a significantly
minor portion of the total allowable building envelope area existing on the property,
(c) the Blackbay Ventures Vill, LLC has sought parking waivers from the DRB to
reduce the amount of surface parking required, and
(d) the overall site design of the property is found to be in conformance with the
intent and purpose of the Central District.
The Board finds that these criteria are met. Parking is located within the site and behind all
of the buildings, with varied landscaping /screening proposed on the Hinesburg Road end.
Parking Requirements
(1) The parking requirements of Table 13 are required in the Central District. These
standards may be met on -site or off -site if the parking facility is located within seven
hundred (700) feet of the main entrance of the establishment and is approved by the
Development Review Board.
(2) The Development Review Board may accept a contribution to the parking trust
fund to establish a municipal parking lot in lieu of parking spaces. The amount of the
contribution shall be based on a per space fee set by the City Council.
(3) The Development Review Board may further reduce the amount of parking
required, up to a maximum of eighty percent (80%) of the number of spaces required, in
conjunction with an approved master plan upon a showing by the Blackbay Ventures Vlll,
LLC that the master plan includes viable provisions for off -site employee parking and
transportation and construction of mass transit stops within the master planned area
sufficient to further reduce parking demand.
(4) Parking lots located in the centers of blocks shall be connected with openings
between lots to allow traffic flow between lots.
The Board finds that these criteria are met. According to Table 13-1 of the LDRs, 24 parking
spaces are required where the parking spaces are to be in common with no reserved spaces;
25 spaces are provided. Other standards do not apply here.
F. Density. Height, coverage, setbacks, floor area ratios (F.A.R.) and the maximum size of
units will govern the density of the Central District. The F.A.R. is the ratio of building square
footage to lot size. For example, a 5,000 square foot building on a 5,000 square foot lot has an
F.A.R. of 1.0. A 2,500 square foot building footprint on 2 floors (5,000 square feet total) on a
5,000 square foot lot also has an F.A.R. of 1.0. A one story 2,500 square foot building on a
5,000 square foot lot has an F.A.R. of 0.5.
The Board finds that this criterion is met. According to the Blackbay Ventures VIII, LLC, this
project has a floor area ratio of +- 0.47 which is under the 0.5 limit in this zoning district.
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8.05 Specific Sub -District Regulations
C. Central District 3 and 4
(1) Allowable Building Envelopes in Central District 3 and 4: Allowable building
envelopes shall be in accordance with Section 8.04(B), with the exception of Dorset Street,
Brookwood Drive and Sherry Road. Along Dorset Street, the envelope is measured from a
point ten (10) feet west of the right-of-way line, thereby creating a minimum ten (10) foot
front yard setback from Dorset Street. Along Brookwood Drive and Sherry Road, the
envelope is measured from a point thirty-two (32) feet from the centerline of the roadway
right-of-way.
The Board finds that this criterion is met.
(2) Lot Coverage in Central District 3 and 4: The maximum coverage of commercial
development and mixed residential/commercial development shall be forty percent (40°o)
for buildings and ninety percent (90%) overall (including buildings, parking, walks, plazas,
garages, etc.). The maximum coverage for residential development shall be fifty percent
(50%) for buildings only and eighty percent (80%) overall. Where a multi -level parking
structure is to be constructed on a lot, the maximum allowable coverage for buildings shall
be ninety percent (9090).
The Board finds that this criterion is met.
(3) Density in Central District 3 and 4: The base maximum density of development
shall not exceed an F.A.R. of 0.5. The Development Review Board may explicitly
approve development up to an F.A.R. of 0.7 as a bonus for the provision of special,
public -oriented amenities such as parks, courtyards, pedestrian ways, etc. The
maximum residential density shall be twenty-five (25) units per acre (minimum
unit size of five hundred (500) square feet).
The Board finds that this criterion is met.
Figure 8-3, Allowable Building Envelope (Typical), CD-3
Central District 3
DORSET STREET
0
R.o.w.
BUILDING ENVELOPE �
CENTER OR BLOCK
2
CENTRAL DISTRICT 3 ZONING (PARKING) $� ,>-
RESIDENTAIL 4 ZONING tY
W
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DESIGN REVIEW
[DESIGN REVIEW APPLICATION #DR-14-05] These findings also discuss the project's compliance
with the City's Design Review standards contained in the LDR's.
11.01 City Center Design Review Overlay District CCDR
A. Purpose. A City Center Design Review Overlay District (CCDR) is hereby formed in order
to promote development of the proposed South Burlington City Center as an attractive and
cohesive area in which the citizens of South Burlington can take pride. It is the intent of this
overlay district to ensure that the design of future development is aesthetically and
functionally compatible with the desired character for this area of the City, as stated in the
Comprehensive Plan. It is recognized that good design will help create and maintain a sense of
place for the community, promote its self-awareness, and strengthen the business and civic
elements of the community.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of
the City of South Burlington adopted comprehensive plan and are in accord with the policies
set forth therein.
C. City Center Design Review Overlay Districts and Purpose Statements. The CCDR
Overlay District is divided into the following three (3) sub -zones as depicted on the South
Burlington Overlay Districts Map: Design District 1, Design District 2, and Design District 3.
This project is located within Design District 3.
(3) Design District 3 - This area generally includes land located on the west side of
Dorset Street and also on the far eastern section of Market Street. This area is planned to
be a transitional area between the higher density, more intensely developed portions of
City Center and adjoining residential neighborhoods. The design of buildings in this zone
should be compatible with the adjoining residential character. Therefore, building
materials should include wood/vinyl, as well as brick and stone, and consist predominantly
of natural, subdued colors. Also, pitched roofs are highly recommended.
F. Criteria for Approval. Prior to granting design plan approval, the Development Review
Board shall find that any development or activity specified in Section (D) above shall conform
substantially to the following design criteria:
(1) Building Design
(a) Consistent design. Building design shall promote a consistent organization of
major elements; and decorative parts must relate to the character of the design. All
sides of a building shall be designed so that they are compatible in terms of material,
window treatments, architectural accents, cornice/parapet design, etc. In Design
Districts 1 and 3, the design of a building should consider the design features of other
structures in the area so as not to be harshly discordinate with other nearby buildings.
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(b) Materials used. High quality, attractive materials shall be used on all
buildings. Natural, indigenous materials of stone and masonry are highly encouraged,
if not required. Specific requirements for each Design District are as follows:
(iii) Design District 3. Natural, indigenous materials of stone, masonry and
wood shall predominate. Examples of acceptable materials include red brick,
indigenous stone (i.e., granite, limestone, and marble), architectural concrete and
wood clapboard/shingles (synthetic materials such as vinyl siding may be used in
place of wood provided it is of high quality and closely resembles wood
clapboard/shingles). Other materials may be used as an architectural accent
provided they are harmonious with the building and site. Examples of
unacceptable materials include metal skin and laminated wood (e.g., T-111).
Architectural elevations and design details were submitted. The Board finds that these criteria
are met.
(c) Colors and textures used. The color and texture of the building shall be
harmonious with the building itself and with other buildings on the site and nearby.
Colors naturally occurring from building materials and other traditional, subdued
colors are encouraged. More than three (3) predominant colors are discouraged.
Color pairings are proposed for each building that are traditional and subdued. The Board
finds that this criterion is met.
(d) Windows and doors. Window and door treatment (i.e., the arrangement of
windows and doors into a pattern) shall be a careful response to the buildings interior
organization as well as the features of the building site. The treatment of windows
and doors shall be in a manner that creates a rhythm that gives necessary order and
unity to the facade, yet avoids monotony. In Design Districts 1 and 2, for sides of
buildings that front or face a public street, existing or planned, the majority of the first
floor's facade area shall consist of see -through glass in order to promote pedestrian
activity, however, the windows and/or doors should be of a human scale so as to
welcome, not overwhelm, the pedestrian.
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Inappropriate window and Rhythm created by appropriate
door treatment - no rhythm window and door treatment
(e) Use of "hwmn-scale" design dmunts. Larger buildings shall incorporate the use of desiga
elements, such as pilasters, colored or textured bands, or window and door treatments. in order to reduce
the larger building's apparent overall size and, therefore, avoid a large or long monotonous appearance.
(e) Use of "human -scaled" design elements. Larger buildings shall incorporate the
use of design elements, such as pilasters, colored or textured bands, or window and
door treatments, in order to reduce the larger building's apparent overall size and,
therefore, avoid a large or long monotonous appearance.
(f) Roofs as a design element. Roofs shall be part of, or define, the style of a
building. They shall be used creatively to break up long facades and potentially long
roof lines. Specific requirements for each Design District are as follows:
(ii) Design District 3. For one-story structures, the minimum and maximum
slope of a pitched roof shall be 8 on 12 and 12 on 12, respectively. For
structures of two (2) or more stories, the minimum and maximum slope of
a pitched roof shall be 5 on 12 and 12 on 12, respectively. Only a small
portion of roof area may be flat provided it is not visible from the public
street, existing or planned, or does not detract from the overall design and
harmony of the building. Where portions of a roof are flat, architectural
elements such as cornices and parapets shall be included to improve the
appearance and provide interest. Large, low -slope (i.e., less than 5 on 12)
gable forms are discouraged.
The Board finds that the criterion F.1 (d)-(f) above are met.
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Inappropriate Roof Treatment — Monotonous Appropriate Roof Treatments
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(g) Orient buildings to the public street. Buildings shall be designed in a manner
that relates the building to the public street in order to protect the integrity of city
blocks, present an inviting street front and promote traditional street patterns. In
Design Districts 1 and 2, new buildings shall be built to the street property line. The
Development Review Board may approve building locations, or portions thereof, that
are set back from the street property line, provided, the Development Review Board
finds the overall site layout to be in conformance with the City Center goals. The
primary entrance to buildings shall be designed as such and shall be oriented directly
on the public street rather than facing parking lots. The upper floors of taller buildings
(i.e., floors four (4) and up) may need to be "stepped back" or otherwise sited to avoid
creating a "canyon" effect and to maintain a pedestrian friendly public edge. In all
Design Districts, for existing buildings undergoing renovation, improvements shall be
done to relate the building better to the public street. Such improvements could
include the installation of doors and windows along the sides of the building facing the
public street, or the construction of walkways between the building and street.
The Board finds the project's proposed orientation to the street acceptable. The Board
notes that the front porches facing Market Street are 6 ft. wide and 7 ft. wide and
therefore usable to the residents and that this criterion is met.
(h) Conceal rooftop devices. Rooftop mechanical equipment and appurtenances to
be used in the operation or maintenance of a structure shall be arranged so as to
minimize visibility from any point at or below the roof level of the subject structure.
Such features, in excess of one foot in height, shall be either enclosed by outer building
walls or parapets, or grouped and screened in a suitable manner, or designed in
themselves so that they are balanced and integrated with respect to the design and
materials of the building.
Not applicable. No rooftop devices are shown.
(i) Promote energy efficiency. Where feasible, the design of a building should
consider solar energy and the use of natural daylight by capturing the sun's energy
during the winter and providing shade during the summer.
The Board finds the project promotes energy efficiency and that this criterion is met.
(j) Pedestrian promenade along Market Street. In Design District 1, the provision
of a covered pedestrian promenade along Market Street is required in order to protect
pedestrians from inclement weather and promote walking. Any pedestrian canopy, or
portion thereof, that is proposed to be located within or encroach into the public
R.O.W. shall meet the specifications identified in the City Center Streetscape
Guidelines. An Blackbay Ventures Vlll, LLC may elect to incorporate a covered
pedestrian promenade as a component of the building and completely on the Blackbay
Ventures Vlll, LLC's property, provided the promenade is at least 10 feet high and 8
feet deep. The Development Review Board may waive the requirement for a covered
pedestrian promenade or canopy on a building or portion thereof if the Development
Review Board finds that the block on which the building is located is adequately
covered by other existing promenades/canopies.
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This criterion is not applicable as the project is not located in Design District 1.
11.02 Site Design for City Center Design Review District
A. Landscape and plantings. Significant trees and vegetation should be preserved in
its natural state insofar as practicable. Any grade changes should be in keeping
with the general appearance of neighboring developed areas. Landscape plantings
and amenities shall be well designed with appropriate variations and shall be
included as an integral enhancement of the site and, where needed, for screening
purposes. In particular, parking areas shall be well screened by berms, plantings,
or other screening methods to minimize their visual impact. Planting islands shall
be used to break up larger expanses of paved parking areas.
The Board finds that the project's proposed landscaping and plantings meet this criterion.
Inappropriate parking layout - no
ocrccning and poor circulation
gym---- _
Appl mrn,te Parking Design
GrW" 6P
Plaza
B. Integrate special features with the design. Storage areas, machinery and equipment
installation, service areas, truck loading areas, garbage and refuse collection areas, utility
connections, meters and structures, mailboxes, and similar accessory structures shall be
positioned in such a way to minimize visibility from the public street, existing or planned. Such
features shall be incorporated within or designed as part of the building on the site, not added
as an afterthought. HVAC equipment should not be pad mounted at grade. Utility connections
shall be installed underground and utilities shall co -exist to the greatest extent possible.
As noted, a mailbox is shown by the entrance drive, and the dumpster is at the other end of the
site, near Hinesburg Road. No HVAC nor other utility cabinets are shown on the plans. The Board
finds that this criterion is met.
C. Walls, fences or other screening features: Such elements, if used, shall be employed in
a skillful manner and in harmony with the architectural context of the development. Such
features should be used to enhance building appearance and to strengthen visual linkages
between a building and its surroundings.
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As noted, a 6 ft. solid -wall stockade fence will be installed along the rear of the parking lot.
The dumpster will be screened of unknown materials. A retaining wall is also shown at the
back edge of the parking lot meeting the five (5) foot setback requirement. The project will
also plant 64 shrubs along the southern edge of the property line between the fence and the
property line.
The Board finds that the project's proposed screening features meet this criterion.
D. Accessible open space. When providing open space on a site, it shall be designed to be
visually and physically accessible from the public street. Open space should add to the visual
amenities of the vicinity by maximizing its visibility for persons passing by or overlooking the
site from neighboring properties. If open space is intended for active use, it should include
such elements as benches, shade trees, and refuse containers and be so designed to maximize
its accessibility for all individuals, including the disabled, and encourage social interaction. The
siting of open space on a lot shall also consider the potential impact of buildings, both existing
and potential, on shadow casting and solar access.
There is little open space on the site. The Board finds that the project's proposed
establishment of a landscaped visual open space at the corner of Market Street and
Hinesburg Road serves to make the project compliant with this criterion.
E. Provide efficient and effective circulation. With respect to vehicular and pedestrian
circulation, special attention shall be given to the location and number of access points to
public streets and sidewalks, to the separation of vehicles and pedestrians, to the
arrangement of parking areas and to service and loading areas, and to the location of
accessible routes and ramps for the disabled. Site design shall also provide for
interconnections, both vehicular and pedestrian, between adjacent properties.
A single access drive serves the property. The parking lot is in a logical location, and as
required in the LDRs. Direct access is provided to the street/recreation path/sidewalk from
each dwelling unit. The Board finds that this criterion is met.
F. Outdoor Lighting. Outdoor lighting shall be designed to be both aesthetically pleasing
and functional. The lighting type or types shall be metal halide, compact fluorescent and/or
induction lamps and shall be of a white color with a Color Rendering Index (CRI) of seventy
(70) or greater recommended. Light fixtures shall be appropriately shielded to preclude glare
and overall illumination levels should be evenly distributed.
Downcast LED light fixtures are specified throughout both pole mounted and on or within
the porch overhangs. The Board finds that this criterion is met but requires that the
Blackbay Ventures Vill, LLC submit an updated lighting plan prior to recording of the Final
Plat plan.
G. Provide for nature's events. Attention shall be accorded to design features which
address the affects of rain, snow and ice at building entrances and on sidewalks, and to
provisions for snow and ice removal from circulation areas.
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The elevations submitted indicate that along the front porches a gutter is included added to
shed water from the front steps. Along the rear porches and steps which will likely receive
the most use, the porch and steps are completely covered. The Board finds that this
criterion is met.
H. Make spaces secure and safe. With respect to personal safety, all open and enclosed
spaces should be designed to facilitate building evacuation, and provide reasonable
accessibility by fire, police or other emergency personnel and equipment.
The Fire Chief submitted the following comments to staff in a letter dated 2/12/15:
We have reviewed the plans for the proposed construction of the 4 three unit buildings at 135
Hinesburg Road. We have the following recommendations:
1. Compliance with all requirements of Vermont Fire and Building Safety Codes and
standards as enforced by the South Burlington Fire Marshal's Office.
2. Provide an emergency key box(s), location to be specified by SBFD.
3. Trees, fences and floral outcroppings should be placed so as not to interfere with the
deployment of the aerial ladder, hoselines, portable ladders and other firefighting
equipment.
4. Parking enforcement is a must at this property due to the narrow profile of the
driveway. Parking in other than assigned parking spaces should be prohibited to permit
access of emergency vehicles.
At this point these seem to be the major issues which present themselves. As this project
moves forward additional items may surface which can be dealt with as needed with the
assistance of the developer and South Burlington Fire Marshal's office. Should you need any
further assistance on this project please feel free to contact me.
Sincerely,
Douglas S. Brent
The applicant shall comply with the Fire Chief's recommendations above.
1. Streetscape improvements. Applicant for new development shall be responsible
for implementing streetscape improvements (e.g., sidewalks, street lighting, street
trees, etc.) within the portion of the public street ROW directly fronting the parcel
of land for which development is proposed. Such streetscape improvements shall
be in accord with the specifications contained in the City Center Streetscape Design
Guidelines.
BOUNDARY LINE
The application also seeks to clarify an unclear property boundary between the adjoining
landowners. The boundary shown is mutually agreeable between the two (2) parties as evidenced
by the application being signed by both parties.
SD 15 01 and DR 14 05 135HinesburgRd BlackbayVentures_finalffd.doc 13
#SD-15-01
PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall
comply with the following standards and conditions:
(a) Sufficient water supply and wastewater disposal capacity is available to meet the needs
of the project.
The Blackbay Ventures Vill, LLC shall obtain final wastewater allocation prior to permit issuance.
(b) Sufficient grading and erosion controls will be utilized during and after construction to
prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the
subject property and adjacent properties.
The Public Works Department reviewed the submitted plans and found them acceptable. The
Board finds that this criterion is met.
(c) The project incorporates access, circulation, and traffic management strategies sufficient
to prevent unreasonable congestion of adjacent roads.
The Board finds that this criterion is met. The project will be served by one curb cut on Market
Street. The curb cut is located approximately 360 feet from the intersection of Market Street
and Hinesburg Road.
(d) 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.
No wetland, streams, wildlife habitat or unique natural features are located on the site.
(e) 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
districts) in which it is located.
The Board finds that the design and orientation of the proposed buildings is compatible with
other buildings in the District and with the overall purpose of the District to create a mix of uses
coupled with a pedestrian -friendly environment.
(f) Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and/or
stream buffer areas.
This criterion is being met within the constraints of the property.
(g) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to
ensure that adequate fire protection can be provided.
See Fire Chiefs comments above.
SD 15 01 and DR 14 05 135HinesburgRd BlackbayVentures_finalffd.doc 14
#SD-15-01
(h) 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 landowners.
The Board finds that the proposed project has been designed in manner that is compatible
with the extension to adjacent landowners of the named services and infrastructure noted
above.
The project includes construction of several concrete walkways from the four proposed
buildings to connect to a future multi -use path along Market Street and construction of a
concrete walkway to connect to an existing sidewalk along the west side of Hinesburg Road.
The project will also install the sub -base for the City's future multi -use path. The plans also
indicate the presence of a 20 ft. wide recreation path easement along Hinesburg Road.
Extensive landscaping along the project's frontage with Market Street and Hinesburg Road is
proposed. The project as proposed is compatible with the extension of services and
infrastructure referenced in this criterion.
(i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards.
The Board finds that this criterion is met. See comments for item (h) above.
6) The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The Board finds that this criterion is met. The project establishes four appropriately scaled
buildings with a pedestrian -friendly design as called for in the Central District 3.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD
shall require site plan approval. Section 14.06 of the South Burlington Land Development
Regulations establishes the following general review standards for all site plan applications:
(a) 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.
Chapter 14.06 of the South Burlington Land Development Regulations states the following:
Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building
facing a public street shall be considered a front side of a building for the
purposes of this subsection.
SD 15 01 and DR 14 05 135HinesburgRd BlackbayVentures_finalffd.doc 15
#SD-15-01
The four proposed buildings align lengthwise along Market Street and the proposed parking is
located behind them. However the east side of the easternmost building faces Hinesburg Road
and thus is considered the front side of a building as well. While no building screens the parking
lot from being viewed from Hinesburg Road or from the adjacent sidewalk, the project proposes
extensive landscaping along that portion of the property which will screen the parking lot to
some degree from being viewed.
Note that according to the regulations in Chapter 8.04, Section D. Location of Parking Areas and
Structures, paragraph (3):
(3) The Development Review Board may approve surface parking which is within the
allowable building envelope and which is not hidden from view from the public street by a
building, provided:
(a) the subject parking represents the smallest practicable portion of the total
parking required for the property,
(b) the area encompassed by the subject surface parking represents a significantly
minor portion of the total allowable building envelope area existing on the property,
(c) the Blackbay Ventures Vlll, LLC has sought parking waivers from the DRB to
reduce the amount of surface parking required, and
(d) the overall site design of the property is found to be in conformance with the
intent and purpose of the Central District.
The overall maximum lot coverage is 80 percent and the development proposes 72.7 percent.
Approximately 46% of the development is covered by the parking lot and internal sidewalks. A total
of 24 spaces are required based upon the number of housing units. 25 are provided although one is
a Handicap Only space.
The Board finds that the provisions of Chapter 14.06 and Chapter 8.04 are met so as to allow
the project to proceed as planned.
(b) The Development Review Board may approve parking between a public street
and one or more buildings if the Board finds that one or more of the following
criteria are met. The Board shall approve only the minimum necessary to
overcome the conditions below.
Not applicable to this project
(c) Where more than one building exists or is proposed on a lot, the total width of
all parking areas located to the side of building(s) at the building line shall not
exceed one half of the width of all building(s) located at the building line.
Parking approved pursuant to 14.06(B) (2) (b) shall be exempt from this
subsection.
Not applicable to this project
(d) For through lots, parking shall be located to the side of the building(s) or to the
front of the building adjacent to the public street with the lowest average daily
volume of traffic. Where a lot abuts an Interstate or its interchanges, parking
shall be located to the side of the building(s) or to the front adjacent to the
Interstate. Parking areas adjacent to the Interstate shall be screened with
sufficient landscaping to screen the parking from view of the Interstate.
SD 15 01 and DR 14_05_135HinesburgRd BlackbayVentures_final ffd.doc 16
#SD-15-01
Not applicable to this project
(b) Without restricting the permissible limits of the applicable zoning district, the height and
scale of each building shall be compatible with its site and existing or adjoining buildings.
The Board finds that this criterion is met. The proposed buildings are similar in height and scale
to others in the zoning district. The proposed easternmost building is consistent with others
along Hinesburg Road
(c) Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
The Board finds that this criterion is met.
(d) The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual interruptions to
create attractive transitions between buildings of different architectural styles.
The Board finds that this criterion is met.
(e) 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 Board finds that this criterion is met.
Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the
South Burlington Land Development Regulations:
(a) 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 of
collector street, to provide additional access for emergency or other purposes, or to improve
general access and circulation in the area.
The Board finds that this criterion is met. The project's curb cut is proposed to be located with
half on Blackbay Ventures VII, LLC's land and half on South Burlington City Center LLC's land,
thereby providing opportunity in the future and no future reservation of land is required at this
time.
(b) Electric, telephone and other wire -served utility lines and service connections shall be
underground. Any utility installations remaining above ground shall be located so as to have
a harmonious relation to neighboring properties and to the site.
The plans submitted indicate these lines shall be underground. The Board finds that this
criterion is met.
SD 15_01 and DR 14_05_135HinesburgRd BlackbayVentures_finalfffd.doc 17
#SD-15-01
(c) All dumpsters and other facilities to handle solid waste, including compliance with any
recycling 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).
The Board finds that this criterion is met. A screened dumpster area is shown on the plan.
(d) Landscaping and Screening Requirements.
Pursuant to Section 13.06(A) of the Land Development Regulations, landscaping and screening shall
be required for all uses subject to site plan and PUD review. Section 13.06(B) of the Land
Development Regulations requires parking facilities to be curbed and landscaped with appropriate
trees, shrubs, and other plants including ground covers.
The applicant is proposing to add a row of 64 Arborvitae plants 4-5 ft. in height at planting along the
southerly boundary between the proposed fence and the property line to screen the fence from
the adjoining neighbors.
Building construction cost is estimated at $1,742,400. Required minimum landscaping is calculated
as follows:
First $250,000 x 3% _ $7500.
Next $250,000 x 2% _ $5000.
Balance of $1,242,400 x 1% = $12,424.
Minimum required landscaping budget = $24,924;
The landscaping plan dated January 8, 2015 estimates costs of $30,395.
The Board finds that this criterion is met.
The landscaping plan proposed was reviewed by the City Arborist who indicated in an email
to Staff on February 2, 2015 that all of his recommendations made during Preliminary Plat
Review were addressed.
The Board finds that the Blackbay Ventures VIII, LLC has met the criteria outlined in Section
13.06(A).
Stormwater
As shown in the email conversation excerpted below, the Blackbay Ventures VIII, LLC corresponded
with the Department of Public Works to address the Department's concerns and the Blackbay
Ventures VIII, LLC adequately addressed the Department's concerns.
From: Tom Dipietro
Sent: Thursday, February 05, 20151:48 PM
To: ray
Cc: Justin Rabidoux
Subject: RE: BlackBay Ventures Vlll, 135 Hinesburg Road - Stormwater Submittal and Responses
to DPW Comments
SD 15 01 and DR 14 05 135HinesburgRd BlackbayVentures_finalffd.doc 18
#SD-15-01
Ray,
I've reviewed the material that Peter provided. They have adequately addressed my comments
and have made appropriate updates to the plans. I have no further comment.
The Blackbay Ventures Vlll, LLC requested that we provide them written approval for connection
to the future market street project. 1 will not be providing this. I've previously informed them of
this fact. My recommendation is that they continue to be part of the public process related to the
design of Market Street. The City and its consultants are aware of their desire to connect to the
future drainage system under Market Street and we are doing our best to accommodate this
request.
-Tom
Thomas J. DiPietro Jr.
Deputy Director
Department of Public Works
City of South Burlington
From: Peter Smiar(mailto:psmiar@cea-vt.com)
Sent: Wednesday, November 05, 2014 5:20 PM
To: Tom Dipietro
Cc: dshenk@shenkenterprises.com; John Logan; Justin Rabidoux; ray
Subject: BlackBay Ventures Vlll, 135 Hinesburg Road - Stormwater Submittal and Responses to
DPW Comments
Hi Tom,
Thanks for meeting with us last week to review this project. Please see below responses to your
stormwater related review comments embedded in the original message in blue. We are
submitting this information in conjunction with the Final Plat application for the project. The
final application is being submitted to zoning shortly. Please see attached stormwater treatment
plan sheet and details, updated grading plan, and attachments to support the responses below.
Tom DiPietro Wrote:
I reviewed the Blackbay Ventures Vlll, LLC, "12 Unit Housing Project", located at 135 Hinesburg
Road. The project plans were dated March 26, 2014 and last updated on April25, 2014. I'd like
to provide the following comments:
The project is on a 0.76 acre lot. The state of Vermont Department of
Environmental Conservation (DEC) requires that projects creating greater than 1 acre of
impervious area obtain a 3-9015 stormwater permit. Projects that disturb greater than
1 acre of land are required to obtain a Construction General Permit from Vermont DEC. It
does not appear that this project will be required to obtain either of these state permits.
SD 15 01 and DR 14 05 135HinesburgRd BlackbayVentures_final ffd.doc 19
#SD-15-01
No operational permit will be required by the DEC. The project will however
require coverage under GP 3-9020 for runoff during construction activity since there is
disturbance proposed within the City ROW along Market Street and on the adjoining
lot to the west, which places the total disturbance over the 1 acre DEC permitting
threshold. It is expected that the project will qualify as a Low -Risk category project
under the 3-9020 permit program.
In order to evaluate the proposed stormwater drainage system, the Blackboy
Ventures Vlll, LLC must provide the following additional information:
Hydrologic modeling for the stormwater drainage system. I'd be interested
in reviewing modeling results for the 1 year, 10 year and 25 year storm events.
Overall System Description
The proposed stormwater system has been designed to infiltrate all runoff
from the proposed project during the 10 —year storm event (3.2", 24-hr). This is
accomplished by directing runoff from the rear half of the building rooftops,
rear sidewalks, and rear parking lot to an underground infiltration system
located under the parking lot at the southwest corner of the property. Runoff
from the front half of the rooftops (along Market Street) will drain directly to
the proposed drip edge infiltration trenches. In the event that gutter and
downspouts are required to collect runoff, a 6" storm collection line will be
installed along the front of the buildings in order to provide a connection point
to the infiltration chamber system. The western portion of the proposed entry
drive (900 sf) will sheet flow to the existing forested disconnection area
located to the west of the project. From here, runoff travels approximately
600' across infiltrative sandy soils with very flat slopes and frequent surface
depressions. As such no increase in runoff to Potash Brook is expected due to
this arrangement. Once the South Burlington Realty lands are developed, this
runoff would be routed to the treatment system of the SBR development.
Modeling
Please find attached "Black Bay Proposed" modeling results for the 10 and 25
year storms. The underground chamber systems and drip edge infiltration
trench have been sized to infiltrate the 10 —year storm event. The infiltration
drip edge has been sized based upon a typical contributing drainage area of
building rooftop that drain toward the ROW. Generally half of the building
rooftop area drains to the infiltration drip edge. The drip edge has been sized
per foot length of rooftop in the attached modeling.
Note that the capacity of the treatment system has been increased above the
required 10-year storm flow treatment target in order to provide treatment
for a portion of the proposed Q-25 runoff volume. During the South Burlington
Q-25 event (4.0" in 24 hours), the pre -routed runoff peak discharge rate from
the site is 3.6 cfs (before treatment). The system provides partial infiltration
and peak flow detention to provide a discharge rate of 1.3 cfs during the Q-25
event. This exceeds the stormwater treatment standards established in the city
codes.
SD 15 01 and DR 14 05 135HinesburgRd BlackbayVentures_final ffd.doc 20
#SD-15-01
Existing conditions runoff modeling is not included for this project due to the
fact that runoff calculations for the underlying Adams loamy sands with
forested land cover result in runoff rates very close to zero. For the purposes of
this design the existing runoff rate during the 10 year event is taken to be zero.
As requested during our recent meeting, please find attached a hydrocad
(.hcp) file for inclusion into the model for the Market Street redevelopment
project.
o Information related to existing soils. Two test pits are shown on sheet C1.0 .
Information related to these test pits should be provided as well as the results of
any infiltration testing that took place.
Two soil test pits were performed by CEA in the area of the proposed
infiltration systems. The results of the test pits have been added to the
accompanying sheet SW1-Proposed Stormwater Treatment Plan.
The design infiltration rate is based upon the lower range of values achieved
via field testing associated with a geotechnical report by GeoDesign dated 7-
19-13 for the Market Street Reconstruction Project (see accompanying
relevant pages) which established a field infiltration rate of 14.2 in./hour at a
test location on the north side of Market Street. The proposed design for the
Blackbay project uses a factor of safety of 2 (design rate=7 in./hour) for the
proposed system. These infiltration rates are consistent with other projects
that we have undertaken in Adams soils.
o Elevation information for the following:
§ Building foundation drain and foundation drain outlet.
The foundation drain outlet has been added to the proposed plans.
The elevation of this outlet where its daylights is 315.0'. This allows for
a foundation drain elevation at the buildings at approximately 9'
below the first floor finished floor elevation, which corresponds to the
anticipated basement slab elevations.
§ Subsurface infiltration system bottom elevation.
There are two infiltration system chamber beds, system #1 has bottom
elevation of 317.0' at the bottom of the stone layer, system #2 has a
bottom of stone elevation of 318.4. These systems were designed to
follow the contours of the groundwater table across the site (with
typical 3' separation)
§ Existing groundwater elevation.
The existing estimated seasonal high groundwater elevation is 313.0'
at TP#1, and 315.3 at TP#2. The GeoDesign Market Street report
referenced above features a high water table depth of 310.8' at TP#4,
SD 15_01 and DR 14_05_135HinesburgRd BlackboyVentures_finalffd.doc 21
#SD-15-01
which indicates a gradient to the north and west away from the Iby
Street homes and toward the Potash Brook Tributary, which has a
water surface elevation of approximately 303' at the outlet of the
culvert under Market Street. Please find attached GeoDesign map
Exploration Location Plan Figure 2 dated 7-18-13 with CEA notes
added.
Provide information related to the depth of stone beneath the underground
infiltration facility.
The depth of stone under the proposed infiltration chambers is 6", please refer to
accompanying detail sheets C2.2 and C2.3.
There is a "Drip Edge at Building w/ Underdrain" detail on sheet C2.0 and a "Drip
Edge & Foundation Drain Detail" on sheet C2.1. Please clarify which will be used. The
detail on sheet C2.1 shows a sand layer and impermeable liner that is not present in the
detail on sheet C2.0.
We apologize for confusion with the multiple details, we had been exploring
different options for how to best treat roof runoff along the Market Street side of the
project. To keep things simple we have opted for a simple stone drip edge trench along
the drip line of the buildings (See detail sheet C2.0). The proposed infiltration trench
drip edge does not have an underdrain in order to maximize infiltration.
Provide elevation information for the proposed new retaining wall on the property's
southern boundary.
Top and bottom of wall elevations have been added to the proposed grading plan.
The wall ranges from 5.5' at the western portion of the wall to 1.5' toward the eastern
side of the site. Note that the eastern portion of the wall has been eliminated and
replaced with a typical 6" concrete curb.
Will the proposed new retaining wall have an underdrain?
Yes, the wall will have an underdrain along the base of the north side of the wall.
The depth of the underdrain will range from 1 to 2' below the existing grade. Blackbay
VIII has entered into an agreement with South Burlington Realty (SBR) to allow the
drain to be daylighted to SBR lands. SBR has agreed to maintain this outlet when
development of its property occurs.
Provide a description of where water discharging from the subsurface infiltration
systems will flow during large storm events.
During events larger than the 10-year event, runoff from the rooftop infiltration
trenches will overflow via sheet flow to the Market Street ROW and be collected in a
downstream catch basin of the municipal collection system. The infiltration chamber
system overflow has been designed with two future potential connection options: 1.)
A 15" overflow pipe to convey runoff to the west to overflow to the adjacent property,
SD 15 01 and DR 14 05 135HinesburgRd BlackboyVentures_final_ffd.doc 22
#SD-15-01
which is owned by South Burlington Realty. This overflow is only active during rainfall
events larger than the 10-year event. This arrangement has been agreed to by South
Burlington Realty. 2.) A second future overflow pipe will be installed to the edge of the
Market street roadway and capped. This pipe been designed to allow a direct
connection to the future drainage collection system at Market Street. Both the pipe to
SBR lands and the pipe connection to the City system discharge form the some control
structure, so outlet characteristics are the same, regardless of discharge point.
It should be noted that in the interim period where the South Burlington Realty lands
are not yet developed and the City's Market Street Project has not been built, both
outlet pipes will be capped in order to detain additional runoff. This arrangement
results in complete infiltration of the 25-year event. This is demonstrated in the
accompanying "Blackbay Interim Q25" model which shows no overflow from the
system with the pipe outlets eliminated from the model.
As part of this review, the Blackbay Ventures Vlll, LLC hereby requests written
confirmation to be included in the zoning approval documents that allows the future
pipe connection to the future municipal storm collection system along Market Street.
Please let us know if any additional information is required in support of this request.
There is an area designated for snow storage at the east end of the property.
Where will snowmelt from this area flow?
The grading in this area has been adjusted to ensure that runoff flows west onto
the Blackbay property. Please refer to sheet C1.3.
The DRB should include a condition requiring the Blackbay Ventures Vlll, LLC to
regularly maintain all stormwater treatment and conveyance structures on -site.
The Blackbay Ventures Vlll, LLC has no objection to this condition.
This concludes our responses. We appreciate your review of this submittal and please feel free to
contact our office with any questions or if any additional information is required.
Thanks,
Peter
Peter Smiar, P.E.
The Board finds that criteria regarding stormwater facilities are met.
Snow Storage
Pursuant to Section 13.06(B) (4) of the Land Development Regulations, snow storage areas must be
shown on the plans. Snow storage areas are shown on the plans although staff has concerns on
whether it is large enough to accommodate snow storage given the size of the parking lot.
The Board finds that this criterion is met.
OTHER
Transfer of portion of Market Street right-of-way to Blackbay Ventures Vlll, LLC
SD 15 01 and DR 14 05 135HinesburgRd BlackbayVentures_finalffd.doc 23
#SD-15-01
The Board finds that, in order to facilitate adequately sized porches on the front of the buildings,
the City and Blackbay Ventures VIII, LLC shall adhere to the following conditions:
Prior to recording of the final plat, the City shall discontinued and convey to Blackbay Ventures
VIII, LLC an approximately 5 ft. by 364.66 ft. portion of the Market Street right-of-way labeled
"Proposed Boundary Line Adjustment with the City of South Burlington" on the "Boundary
Adjustment Plat for: Black Bay Ventures VIII LLC and South Burlington City Center, Inc." prepared
by Civil Engineering Associates, Inc., dated February 3, 2014. Blackbay Ventures VIII, LLC, at its
expense, shall cause the aforementioned right -of way area to be surveyed and a suitable plat
produced for recording with an order of discontinuance issued by the South Burlington City
Council. Blackbay Ventures VIII, LLC shall reimburse the City for legal costs incurred by the City
in discontinuing and conveying the aforementioned right -of way area to Blackbay Ventures VIII,
LLC.
DECISION
Motion by Bill Miller, seconded by David Parsons to approve Final Plat application #SD-15-01
and Design Review application #DR-14-05 of Blackbay Ventures VIII, LLC subject to the following
stipulations:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
2. The Board approves a 17.3 ft. encroachment of the easternmost building into the front yard
setback requirement along Hinesburg Road.
3. Blackbay Ventures VIII, LLC shall obtain final wastewater and water allocation prior to
issuance of the zoning permit for each building.
4. Blackbay Ventures VIII, LLC shall obtain a 5' portion of the City's land on the south side of
Market Street adjacent to the property prior to recording of the Final Plat plan.
5. Blackbay Ventures VIII, LLC shall cause 5 ft. portion to be surveyed and a plat be produced
for recording with the order of discontinuance.
6. Blackbay Ventures VIII, LLC will reimburse the City for its legal costs relating to the property
conveyance.
7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
8. Prior to issuance of a zoning permit for the first building, the recreation path easement deed
shall be submitted to the City Attorney for approval and recorded in the South Burlington
Land Records.
9. The applicant shall obtain a zoning permit for the first building within six (6) months of this
approval. The Development Review Board grants a period of five (5) years for approval of
the remaining buildings. At such time as the five years is reached and the applicant has not
sought a zoning permit for any of these approved buildings, they shall be eligible, per
SD 15 01 and DR 14 05 135HinesburgRd BlackbayVentures_finalffd.doc 24
#SD-15-01
Section 17.04 of the South Burlington Land Development Regulations, for one (1) extension
to an approval if the application takes place before the approval has expired and if the
Development Review Board determines that conditions are essentially unchanged from the
time of the original approval. In granting such an extension, the Development Review Board
may specify a period of time up to one (1) year for the extension.
10. The applicant shall adhere to all recommendations and requirements of the City of South
Burlington Water Department, City Engineer, Director of Public Works, Stormwater Utility
Superintendent, and Fire Chief.
11. Prior to permit issuance, the applicant shall post a $24,924 landscaping bond. 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.
12. 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.
13. All exterior lighting shall be shielded and downcasting.
14. The mylars shall be recorded prior to any zoning permit issuance.
15. A digital PDF version of the full set of approved final plans shall be delivered to the
Administrative Officer before any zoning permit may be issued for the subject property.
16. The plans shall be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to
the Administrative Officer prior to recording the final plat plan.
a. The plans shall be revised to shall correct the Zoning Requirements table on Sheet
CA to indicate that the required front setback for Hinesburg Road is actually 50 ft.
and the proposed setback is 39.7 ft. prior to recording of the Final Plat plan.
b. The plans shall be revised to indicate a 1 ft. wide space between the edge of the
sets of front steps facing Market Street and the subbase for the future multi -use
recreational path.
c. The plans shall be revised to include E-911 street addresses.
The plans shall be revised to remove the plantings shown within the Market
Street right-of-way.
17. The final plat plans (survey plat & sheet CIA) shall be recorded in the land records within 180
days or this approval is null and void. The plans shall be signed by the Board Chair or Clerk prior
to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the
survey plat in digital format. The format of the digital information shall require approval of the
South Burlington GIS Coordinator.
SD 15 01 and DR 14 05 135HinesburgRd BlackbayVentures_finalffd.doc 25
#SD-15-01
18. Any change to the final plat plans shall be approved by the Development Review Board.
Tim Barritt—
vea
nay
abstain
not present
Mark Behr—
vea
nay
abstain
not present
Brian Breslend —
yea
nay
abstain
not present
Bill Miller—
vea
nay
abstain
not present
David Parsons —
vea
nay
abstain
not present
Jennifer Smith —
vea
nay
abstain
not present
John Wilking—
vea
nay
abstain
not present
Motion carried by a vote of 7— 0 — 0. n^
Signed this day of MgV-Ck 2015, by
Tim Barritt, 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 to the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also 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
802-828-1660 or http://vermonteudiciary.org/GTC/environmental/default.aspx for more
information on filing requirements, deadlines, fees and mailing address.
The Blackbay Ventures VIII, LLC or permittee retains the obligation to identify, apply for, and
obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional
Permit Specialist.
SD 15 01 and DR 14 05 135HinesburgRd BlackbayVentures_finalffd.doc 26