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HomeMy WebLinkAboutAgenda 07A SC CU-19-01_268 Market St_S Burlington City Center LLC_2019-05-07#CU-19-01 Staff Comments 1 CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD CU-19-01_268 Market St_S Burlington City Center LLC_2019- 05-07.docx DEPARTMENT OF PLANNING & ZONING Report preparation date: May 3, 2019 Plans received: March 8, 2018 268 Market St Conditional Use Application #CU-19-01 Meeting date: May 7, 2019 Owner/Applicant 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 District 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 Conditional use application #CU-19-01 of Snyder-Braverman Development Co., LLC to extend the regulations of the Form Based Code Transect 4 zoning district up to fifty (50) feet into the Form Based Code Transect 5 zoning district to allow construction of a driveway access nearer than currently permitted to Market Street, 268 Market Street. #CU-19-01 Staff Comments 2 COMMENTS Planning Director Paul Conner and Development Review Planner Marla Keene (“Staff”) have reviewed the plans submitted on 3/8/2019 and offer the following comments. Numbered items for the Board’s attention are in red. CONTEXT This application was continued without being heard from April 2, 2019. The proposed project is located within the Form Based Code T4 and T5 zoning districts, meaning its site plan will be reviewed administratively. The applicant has requested that the regulations of the T4 zoning district be applied up to fifty (50) feet into the T5 zoning district across all of the existing lot, and all of the lots proposed to be created by a subdivision of the existing lot, as described under Section 3.03C. 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 an applicant) is being reviewed as application #SD-19-10, and 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. The applicant for this conditional use application is requesting subdivision of the eastern portion of the existing lot. The applicant plans to construct a mixed use multi-story building with a below grade parking deck on the southeastern subdivided lot. The eastern subdivided lot is planned to provide surface parking for the southeastern subdivided lot and future adjacent buildings. The central area is planned for future subdivision. The City’s official map includes a planned north-south street just west of the center of the existing lot. This new street is not contemplated in this conditional use application. The applicant has provided an application narrative, and future subdivision plan supporting their request. The applicant has not yet submitted their site plan application because the final form of the proposed building will be dependent on whether the Board grants their request for an adjusted location at which zoning district regulations apply. APPLICABLE STANDARDS 3.02C. Split Lots. Where a district boundary line divides a lot which was in a single ownership at the time of passage of these regulations, the Development Review Board may permit, as a conditional use, the extension of the regulations for either portion of the lot but not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot (See Article 14 for Conditional Use Review). This provision shall not apply to the boundary lines of any overlay or floating district. Staff notes the T5/T4 line was established in contemplation of a single building being in T5, with an alleyway of behind it. Staff considers the question of where that line should be (ie, how far back the building should go) – is a fair matter for the Board to weigh. The applicant appears to have met the intent of locating a single building within the T5. #CU-19-01 Staff Comments 3 The applicant has stated the reason for their request is to allow an access drive off Garden Street in close proximity to the proposed parking on the eastern subdivided lot. Other differences between the T4 and T5 zoning districts are first floor usage being restricted to non- residential, greater frequency of doors and windows, higher percentage frontage buildout, and prohibition of curb cuts in the T5. Though the applicant has indicated the purpose of their request is to allow an entrance on Garden Street, Staff considers that their request would have significant effect on other elements of the development potential of the affected parcel, in particular the frontage buildout requirements. As shown on the provided Future Subdivision Plat, the applicant intends to construct a building at the corner of Market and Garden Streets. Concerns with frontage buildout requirements are discussed in the staff notes for #SD-19-10 and are equally applicable to this conditional use application. Staff considers the requested adjustment neither helps nor hinders the frontage buildout issues, but whether the request is approved strongly affects how the applicant must address those issues. Staff recommends the Board therefore provide clear direction on whether they would grant the requested adjustment, in consideration of the remainder of these staff comments. Beyond the frontage buildout requirement discussed in staff notes for #SD-19-10, Staff considers that the applicant’s request is too broad and should be limited to adjustment of the regulations within proposed lots B2 and B3 only. As discussed above, there are a number of additional requirements which differ between the T4 and T5 zoning districts. At this time without any conceptual development plan for the remainder of the existing lot, Staff considers it premature to review and grant an adjustment to regulations, and so recommends the Board’s consideration of the request be limited to Lots B2 and B3. Staff recommends the Board discuss with the applicant whether they have any concerns with revising their conditional use request to only extend to the limits of proposed lots B2 and B3. CONDITIONAL USE REVIEW Pursuant to Section 3.02C of the South Burlington Land Development Regulations (Split Lots), the proposed use shall be reviewed as a conditional use and shall meet the following standards of Section 14.10(E): 14.10E General Review Standards The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. The elements of the City Center project addressed by this application will have no adverse effect upon the capacity of community facilities. Staff considers this criterion met. #CU-19-01 Staff Comments 4 (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. 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. Staff considers that the proposed zoning adjustment will have an effect of on the character of the area by allowing a curb cut within the T5 district on Garden Street, which would not be permitted but for the applicant’s requested change. The purpose of the T5 includes high volume foot traffic. The T5 zoning district is centered on Market Street, with Garden and other cross streets included for the first approximately 150 feet. Staff recommends the Board consider the potential effect of this change on the purpose of the T5. (3) Traffic on roads and highways in the vicinity. By allowing the access road to be located approximately 100 feet from Market Street, some traffic impacts may occur, specifically in terms of the ability of users to exit the site during peak hours at full-build. Staff considers this a secondary concern and recommends the Board take traffic impacts into consideration when evaluating this request. (4) Bylaws and ordinances then in effect. Staff considers this criterion met. The request is allowed under 3.02C. (5) Utilization of renewable energy resources. The elements of the City Center project addressed by this application will not affect renewable energy resources. Staff considers this criterion met. #CU-19-01 Staff Comments 5 RECOMMENDATION Staff recommends that the Board work with the applicant to address the issues identified herein. Respectfully submitted, ________________________________ Marla Keene, Development Review Planner