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Home My WebLink AboutAgenda 06B_AO-19-01_146 Market St_Allard Square_testimony 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Development Review Board FROM: Paul Conner, AICP, Zoning Administrative Officer SUBJECT: Appeal #AO-19-01, 146 Market Street DATE: February 19, 2019 DRB meeting Appeal #AO-19-01 of Allard Square Limited Partnership appealing the decision of the Zoning Administrative Officer to deny the Certificate of Occupancy, 146 Market Street. Under Appeal On January 17, 2019, the Zoning Administrative Officer (ZAO) denied Permanent Certificate of Occupancy (CO) Application #CO-19-02 for the following stated reason: Non-compliance with Sections 8.14(C)(6)(a) and 8.14(C)(6)(b) of the Land Development Regulations and Zoning Permit #ZP-17-335 enacting Site Plan #SP-17-29A. Maximum distance and average spacing between public entrances are not met. See the attached denied CO. Project Components and History: Administrative Officer Decision and Action 1. Applicant applied for a Temporary CO on October 7, 2018. Temporary CO #CO-18-35 was approved on October 24, 2018. This temporary CO stated that the following items would need to be resolved in order for a final CO to be issued: a. Install remaining Mary Street trees; b. Paint vent above northeast building corner; c. Install all benches in open space; and d. Install public entrances per T5 standard 2. Applicant applied for a Permanent CO on January 10, 2019. 3. On January 14, 2019 ZAO Paul Conner and Assistant ZAO Dalila Hall performed a site visit to determine whether the subject property was eligible for a Permanent CO. The ZAO and Assistant ZAO found the following: • The principal (Market Street) façade contains five (5) separate entries from the street, plus one additional entry from the private covered terrace, which had been excluded from doorway calculations in the initial approval. 2 • Of the five separate entries along Market Street (excluding the one to the terrace), one was unlocked from the outside and provided visitors access to a secured vestibule area, while the remainder were locked from the outside • The secondary façade contains two (2) separate entries from Mary Street. In communication with the appellant, one of these entries is generally locked from the outside and the other, which provides access to an office space, is at times locked and at time unlocked during business hours. • The ZAO communicated with the applicant and indicated that all other items from the Temporary CO would be deeded satisfied but that the public entrance standards referred to herein were not met. 4. Upon review of the Land Development Regulations and Site Plan Approval #SP-17-29A, the ZAO determined that the property was not in compliance with the requirements for spacing and function for Public Entrances in T5 District, and communicated this to the applicant. 5. In an email dated January 15, the applicant requested the ZAO deny the CO application in order to initiate an appeal to the DRB. 6. The Administrative Officer issued a denial of the CO on January 17, 2019, citing the following failures to meet the LDRs: Non-compliance with Sections 8.14(C)(6)(a) and 8.14(C)(6)(b) of the Land Development Regulations and Zoning Permit #ZP-17-335 enacting Site Plan #SP-17-29A. Maximum distance and average spacing between public entrances are not met. 7. Permanent CO denial #CO-19-02 was appealed to the DRB on January 18, 2019. Applicable Land Development Regulation Standards: The Administrative Officer applied three (3) standards in the Land Development Regulations in making the decision: • 8.14(C)(6), T5 Building Envelope Standards, Building Standards: • 8.09 Uses Allowed and Changes of Use: Table 8-4. Transect Zone Table of Uses Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (6)Entrances See Entrances Figure (a)Average frequency of Public Entrances, non- residential first story use 30' Max.45' Max. (b)Maximum distance between Public Entrances, non- residential first story use 40' Max.60' Max. (c )Average Frequency of Operable Entrances, residential first story use (d)Maximum distance between Operable Entrances, residential first story use T5 BES Standard not applicable not applicable 3 Note: in the T5 District, ground-level residential uses are prohibited. For the purposes of this subsection, residential uses include dwelling units and any other form of permanent housing including but not limited to group homes, residential care homes, congregate care, assisted living, continuum of care facilities, group quarters, or hospices. • 2.02 Definitions Public entrance. An entrance to a building that is useable and open to the public during business hours. Any such door must, at a minimum, be useable and open to the public for entry. Distances between and average frequency of public entrances shall be measured per building. Applicable Finding from Site Plan approval #SP-17-29A The ZAO also referred to Site Plan decision #SP-17-29A in determining compliance with the Land Development Regulations. • Page 6 of the Decision states, in part: Section 8.09 Uses Allowed and Changes of Use No prohibited uses have been proposed. The proposed building consists of non-residential uses on the first floor as required in the T5 District. • Page 13 of the Decision for findings related to entryway standards: Regulatory and Project Historical Timeline 1. Property is located in the City Center Form Based Codes District T-5 Transect Zone 5 2. Form Based Code District was adopted by the City Council on March 23, 2016, with amendments to the Land Development Regulations Effective April 11, 2016 3. Additional amendments were adopted on June 6, 2016; amendments approved on this date were unrelated to standards at issue in this appeal. Primary Building Façade Requirements Secondary Building Façade Requirements Applicant Information Criteria Satisfied Staff ReviewDevelopment Standards T-5 Building Envelope Standards T-5 BES (South Burlington Land Development Regulations, 8.14) (6)Entrances (a)Average frequency of Public Entrances, non-residential first story use 30' Max.45' Max.Market 27' Mary 34'√ (b)Maximum distance between Public Entrances, non-residential first story use 40' Max.60' Max.Market 40' Mary 35'√ (c )Average Frequency of Operable Entrances, residential first story use n/a (d)Maximum distance between Operable Entrances, residential first story use n/a not applicable not applicable 4 4. Site Plan for development at 146 Market Street was deemed complete on June 6, 2017, under the Regulations which had been adopted on June 6, 2016. 5. Site Plan #SP-17-29 was approved on June 22, 2017 by the Administrative Officer. 6. Approval #SP-17-29 was appealed to the Development Review Board by an Interested Person 7. Following a public hearing, the DRB issued decision #SP-17-29A approving the site plan on September 19, 2017. That decision was not appealed.