HomeMy WebLinkAboutSD-14-18 - Decision - 0511 Market Street#SD-14-18
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
BLACKBAY VENTURES VIII, LLC. --- 135 HINESBURG ROAD
PRELIMINARY PLAT APPLICATION #SD-14-18
FINDINGS OF FACT AND DECISION
Preliminary plat application #SD-14-18 of Blackbay Ventures VIII, LLC 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 disputed boundary line with adjoining property, 135
Hinesburg Road.
The Development Review Board held a public hearing on July 1, 2014 and August 19, 2014.
David Shenk represented the applicant.
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 preliminary plat application #SD-14-18 of Blackbay Ventures VIII,
LLC 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 disputed
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.
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 May 27, 2014.
5. The plan set submitted consists of a sixteen (16) page set of plans. Page one (1) is
entitled "Boundary Adjustment Plat for: Black Bay Ventures VIII, LLC and South
Burlington City Center, Inc. 135 & 137 Hinesburg Road, South Burlington Vermont, BA-
1," prepared by Civil Engineering Associates, Inc., dated Feb. 3, 2014, and last revised on
2/21/14.
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Zoning District & Dimensional Requirements:
Table 1. Dimensional Requirements
CD3 Zoning Distri477-71
Required
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
50 ft.
Hinesburg Rd.
0 ft. Market St.
9 ft. Hinesburg
Rd.
0 ft. Market St;
41.7' Hinesburg
Rd
Min. Side Setback (multi -family)
5 ft.
299.8 ft.
19.4 ft.
Min. Rear Setback
5 ft.
29.9
56.4 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
?
0.48*
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 applicant
prior to final plat approval.
? 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 41.7 ft setback from Hinesburg Road to match the notation on Sheet C1.1 in the revised
set of plans submitted on August 13th. However, the zoning requirements table on that same
sheet states a setback of 40.7 ft.
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
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
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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.
(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.
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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 15.3 ft. encroachment
into the front setback along Hinesburg Road. The building closest to Hinesburg Road is
setback 41.7 feet which is a 15.3 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 a fire 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:
(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,
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(c) the applicant 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 (80016) of the number of spaces required, in
conjunction with an approved master plan upon a showing by the applicant 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 applicant, this project has a floor
area ratio of +- 0.47 which is under the 0.5 limit in this zoning district.
8.05 Specific Sub -District Regulations
C. Central District 3 and 4
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(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%)
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 (805vo) overall. Where a multi -level parking
structure is to be constructed on a lot, the maximum allowable coverage for buildings shall
be ninety percent (905%).
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
8�' BUILDING ENVELOPE 'L
CENTER OR BLOCK 0 .
CENTRAL DISTRICT 3 ZONING (PARKING) � Y
RESIDENTAIL 4 ZONING _ 0�
w
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DESIGN REVIEW
These findings also discuss the project's compliance for a pending application
[DESIGN REVIEW APPLICATION #DR-14-05] with the City's Design Review standards contained in
the LDR's.
At this time, the Board is comfortable with the project's current design. However, the Board is
not making a final decision on the project's compliance with Design Review Standards at this
time. Final approval of the design will be made at the Final Plat stage. Any comments noted
below are to be considered as guidance to the applicant going forward.
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
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(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.
(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 some design details were submitted. The Board is comfortable with
the project's overall proposed design and building materials.
(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 all traditional and subdued. The Board
is comfortable with the project's proposed color and texture of the building.
(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
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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.
Inappropriate window and Rhythm created by appropriate
door treatment - no rhythm window and door treatment
(e) Use of "hmmn-wale" design ek7nexts. 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-
(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:
00 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 is comfortable with the project's proposed elements with regards to F.1 (d)-(f).
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Inappropriate Roof Treatment — Monotonous Appropriate Roof Treatments
(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 land 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 is comfortable with the project's proposed orientation to the street.
(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 is comfortable with the project's consistency with this item.
(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
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Guidelines. An applicant may elect to incorporate a covered pedestrian promenade as
a component of the building and completely on the applicant'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.
The Board encourages the applicant to proposed that the front porches facing Market Street
be at least 6 ft. deep.
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 is comfortable with the project's proposed landscaping and plantings.
Entry r.
_ rE.
Inappropriateparking
o an&A poor circulation
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
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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.
Should HVAC units be included in the development at a later stage in the development
review process, the Board directs the applicant to clearly delineate their location and be
certain that such units be adequately screened.
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.
The Board is comfortable with the project's proposed screening features. 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 Board encourages the applicant to work with neighbors to determine whether plant
trees and shrubs along the southern edge of the property line between the fence and the
property line would be desirable to the neighbors and if so, to implement them.
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, but this is perhaps expected, being located in a high
density land use district. The Board is comfortable with the project's proposed
establishment of a landscaped visual open space at the corner of Market Street and
Hinesburg Road.
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.
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The Board is comfortable with the project's proposed circulation pattern. 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.
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.
The Board is comfortable with the project's proposed outdoor lighting. Downcast LED light
fixtures are specified and several pole -mounted lights of unknown height, and also on or
within the porch overhangs. No other exterior lights are shown on any plans.
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.
The Board is not entirely comfortable with the project's proposed porch overhangs at the
front and back doors of the units. Applicant is encouraged to design the stairs such that they
are covered to keep snow and ice off them.
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/Fire Marshal will provide comments at Final Plat
Streetscape improvements. An 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.
The Fire Department will provide formal comments at Final Plat.
Landscaping:
Building construction cost is estimated at $1,742,400. Required minimum landscaping:
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 initial landscaping plan estimated costs of $26,475. Costs of the revised landscaping plan
submitted on August 131h have not been detailed.
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The Board is comfortable with the project's proposed landscaping costs at this time.
The Public Works department will provide formal comments at Final Plat.
Finally, the application also speaks to clarifying 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.
The Board encourages the property owner to record any legal agreements concerning the
property boundary so that no disputes over the property boundary arise between the current or
future landowners.
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 applicant shall obtain preliminary wastewater allocation before final plat approval and 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 Director of Public Works Department will provide formal comment at Final Plat.
(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
district(s) in which it is located.
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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.
(fl 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.
The Fire Department will provide comments at Final Plat.
(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. With regards to stormwater facilities, the Board makes no final finding at this time
and directs the applicant to address the comments of the Department of Public Works
noted below.
The project include 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. 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. The plan should be revised to show a 20 ft. wide
recreation path easement along Hinesburg Road.
The Board finds that the plan should be revised to show a 20 ft. wide recreation path
easement along Hinesburg Road.
(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.
(j) 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.
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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.
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 applicant 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% 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
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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.
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 other
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:
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(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 Board finds that this criterion is met.
(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 Board finds that the applicant has met the criteria outlined in Section 13.06(A).
Extensive landscaping is proposed.
Stormwater
Public Works staff provided the following comments on August 1st:
I reviewed the Backbay Ventures V111, LLC, "12 Unit Housing Project'; located at 135 Hinesburg
Road. The project plans were dated March 26, 2014 and last updated on April 25, 2014. I'd like
to provide the following comments:
1. 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.
2. In order to evaluate the proposed stormwater drainage system, the applicant must provide
the following additional information:
o 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.
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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.
o Elevation information for the following:
- Building foundation drain and foundation drain outlet.
- Subsurface infiltration system bottom elevation.
- Existing groundwater elevation.
3. Provide information related to the depth of stone beneath the underground infiltration
facility.
4. 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 shet C2.0.
S. Provide elevation information for the proposed new retaining wall on the property's
southern boundary.
6. Will the proposed new retaining wall have an underdroin?
7. Provide a description of where water discharging from the subsurface infiltration systems
will flow during large storm events.
8. There is an area designated for snow storage at the east end of the property. Where will
snowmelt from this area flow?
9. The DRB should include a condition requiring the applicant to regularly maintain all
stormwater treatment and conveyance structures on -site.
The Board finds that the applicant should address the comments of the Public Works
department.
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.
DECISION
The South Burlington Development Review Board hereby approves Preliminary Plat application
#SD-14-18 Blackbay Ventures Vill, LLC subject to the following stipulations:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
2. The building closest to Hinesburg Road is setback 41.7 feet which is a 15.3 ft. encroachment.
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 15.3 ft. encroachment
into the Right -Of -Way along Hinesburg Road.
The applicant shall obtain preliminary wastewater allocation prior to final plat approval and
final wastewater allocation prior to issuance of a zoning permit.
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4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
5. The plans shall be revised to show the changes below prior to final plat submission:
a. The plans shall be revised to correct the proposed setback notation for the
building along Hinesburg Road.
b. The plan shall be revised to show a 20 ft. wide recreation path easement along
Hinesburg Road.
c. The plan shall be updated that so that it accurately reflects the costs for the
landscaping that was proposed in the August 13th plan.
d. The plans shall be revised to comply with the requirements with the Public Woks
comments of August V.
6. The applicant shall submit E911 addresses for the proposed project, in conformance with the
E911 addressing standards, with the final plat application.
7. The final plat application shall be submitted within 12 months of this decision.
Tim Barritt—
yea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Art Klugo —
yea
nay
abstain
not present
Bill Miller—
yea
nay
abstain
not present
David Parsons —
yea
nay
abstain
not present
Jennifer Smith —
yea
nay
abstain
not present
John Wilking —
yea
nay
abstain
not present
Motion carried by a vote of 4— 0 — 1.
Se
Signed this 117 da of �� �e� 2014, 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://vermontiudiciary.org/GTC/environmental/default.aspx 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 802.879.5676 to speak with the regional Permit Specialist.
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