HomeMy WebLinkAboutAgenda 06A SC SD-19-10_268 Market St_S Burlington City Center LLC_Sketch_2019-05-071
CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SD-19-10_268 Market St_S Burlington City Center
LLC_Sketch_2019-04-02.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: March 29, 2019
Plans received: March 8, 2019
268 Market Street
Sketch Plan Application #SD-19-10
Meeting date: April 2, 2019
Owner
South Burlington City Center, LLC
P.O. Box 2204
South Burlington, VT 05407
Engineer
Lamoureux & Dickinson
14 Morse Drive
Essex, VT 05452
Property Information
Tax Parcel 0450-00002
Form Based Code Transect Zone 5, Transect Zone 4
4.09 acres
Applicant
Snyder-Braverman Development Co., LLC
4076 Shelburne Road, Suite #6
Shelburne, VT 05482
Location Map
PROJECT DESCRPTION
Sketch plan application #SD-19-10 of Snyder-Braverman Development Co., LLC to subdivide an existing
4.1 acre lot into three lots of 3.26 acres (Lot B1), 0.38 acres (Lot B2) and 0.45 acres (Lot B3) for the
purpose of constructing a project on Lots B2 and B3, which will be reviewed under separate site plan
application, 268 Market Street.
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CONTEXT
This application was continued without being heard from April 2, 2019.
The Applicant is proposing to subdivide one existing parcel into three lots in preparation for development
on the two smaller subdivided lots. The applicant plans to further subdivide the larger remaining lot in
the future. The development of all lots will be subject to administrative review through the Form Based
Code process. The DRB is responsible for review of subdivisions within the Form Based Code district to
ensure that the proposed lots are legal and developable. Therefore these staff comments focus on those
elements of the proposed subdivision and omits discussion of the proposed development except as
relevant to the DRB’s authority.
Two sketch plan applications for the existing lot are being reviewed concurrently by the DRB. Subdivision
of the eastern portion of the existing lot (referred to as Lots B1, B2 and B3 by this applicant) is the subject
of this application, while subdivision of the western portion of the existing lot (referred to as Lots B1, B2
and B by a separate applicant) is being reviewed as application #SD-19-13.
COMMENTS
Development Review Planner Marla Keene and Planning and Zoning Director Paul Conner, hereafter
referred to as Staff, have reviewed the plans submitted by the applicant and have the following
comments.
A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
There are no minimum lot dimensions within the T5 and T4 districts.
Curb cuts are prohibited within the T5 district. The applicant has indicated they wish to have the Board
apply the standards of the T4 district 50-ft into the T5 district in order to allow for a curb cut in a district
that permits it, and has submitted a separate conditional use application in support of this request. Staff
considers the Board should not approve this subdivision without simultaneously approving the conditional
use application as the Board’s decision on that request will impact this request.
1. Staff considers the applicant’s requested conditional use application could result in future
problems with frontage buildout and recommends the Board discuss this application and #CU-19-
01 concurrently.
Frontage buildout requirements for each of the T4 and T5 zoning districts apply to individual lots. Staff
considers that it may be possible to grant a condition allowing the frontage buildout to be met over
multiple lots if the lots were one lot at the time of application.
2. Staff recommends the Board discuss whether they would allow the frontage buildout to be met
over multiple lots within the same zoning district.
Consistent with the Board’s decision on recent applications and with case law, the rules of one zoning
district may not be applied in another zoning district beyond the above-mentioned allowable 50-foot
adjustment. Therefore in the case of a lot that is split between two zoning districts, the required minimum
frontage buildout must be met in each zoning district. The T5 district requires 85% frontage buildout.
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Should the DRB grant the conditional use request, the applicant’s proposed subdivision appears to result
in an unbuildable T5 frontage of 25-feet on Lot B3. Staff considers the DRB may determine they can
consider the T5 district as a whole rather than on a lot by lot basis. However, Staff notes that this would
require a building that is at least 85 feet in width along Garden Street.
3. Staff recommends that the Board consider whether they would calculate frontage buildout for the
T5 district as a whole rather than on a lot by lot basis and discuss with the applicant the
requirement that the entirely of the T5 must meet the 85% frontage building, whether on a single
lot or, upon approval, across multiple lots. The buildings shown on the plans do not meet this
requirement.
The Board’s responsibility under LDR 15.10A is to approve buildable lots:
15.10A Lots shall be laid out in such a way that they can be developed in full compliance with
these land development regulations, and giving consideration to topography, soils, and
drainage conditions.
The remainder of the district’s dimensional requirements pertain to buildings and parking and will be
reviewed administratively as part of the Form Based Code site plan approval process.
B) OFFICIAL MAP
Condition #6 of #SD-17-03 states:
No approvals for land development on any portion of the parcel identified as Lot B on the
Subdivision Plat may be issued until the planned street shown on the Official Map as crossing
Lot B is subdivided and offered to the City via an irrevocable offer of dedication.
The LDRs define “land development” in part as follows:
The construction, reconstruction, conversion, structural alteration, relocation or enlargement of
any building or other structure, or of any mining, excavation or landfill, and any change in the
use of any building or other structure, or land, or extension of use of land.
4. Condition #6 of SD-17-03 precludes the applicant from obtaining site plan approval for any Project
on Lot B without subdividing the planned street from Lot B and providing it to the City via an
irrevocable offer of dedication. Staff considers Condition #6 sets a “not later than” point in time,
but the Board may elect to require it sooner under this application if it so chooses.
C) SUBDIVISION STANDARDS
5. As discussed above, there are two concurrent subdivision applications for the subject property.
Staff recommends the Board require the applications to be combined or reviewed consecutively
without overlap for preliminary and final plat. Without such combination, there are numerous
potential legal issues which could result from conditions of approval (such as those which address
irrevocable offers and mylars) not being addressed in a timely manner.
#SD-19-13 also proposes to subdivide the planned street from Lot B. Combining the applications
would also address staff comment #4 above (pertaining to the ROW requirement).
Subdivisions are required to be compatible with the planned development patterns as specified in the
Comprehensive Plan and the purpose of the zoning district(s) in which it is located.
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Purpose of the T4 zoning district:
Generally a multi-use, mixed use dense downtown built environment, typical of areas adjacent
to and supportive of main street(s). Housing, retail, and other commercial uses are typical;
parking facilities are also allowed. The built environment can be a mix of freestanding
buildings and shared wall buildings. T-4 is multimodal oriented with an emphasis on medium
foot traffic pedestrianism. Parking (not including on-street parking) shall be away (or hidden)
from the street.
Purpose of the T5 zoning district:
Emphasis is on Market Street with high volume foot traffic. Create a street-oriented public
realm that encourages a dense downtown, multi-use/multi-purpose built environment. Retail
and other commercial uses must be on the ground floor, with and mixed uses permitted
above. Parking (not including on-street parking) shall be away (or hidden) from the street.
(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and
lighting have been designed in a manner that is compatible with the extension of such services and
infrastructure to adjacent properties. For Transect Zone subdivisions, this standard shall only apply
to the location and type of roads, recreation paths, and sidewalks.
While not the subject of this application, Staff notes some of the lots shown on the provided Future
Subdivision Plat could not be built upon under the current regulations. The applicant is pursuing this
with the FBC committee. The lots that are the subject of this application do not appear to preclude
adjustment of the interior lots to meet the current regulations.
RECOMMENDATION
Staff recommends that the Board work with the applicant to address the issues identified herein.
Respectfully submitted,
Marla Keene, Development Review Planner