HomeMy WebLinkAboutAgenda 12A_SD-19-10_268 Market St_S Burlington City Center LLC_Sk_memo
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
TO: South Burlington Development Review Board
FROM: Marla Keene, Development Review Planner
SUBJECT: SD‐19‐10 268 Market Street
DATE: June 18, 2019 Development Review Board meeting
Snyder‐Braverman Development Co., LLC, has submitted sketch plan application #SD‐19‐10 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.
At the May 7, 2019 hearing, the Board continued the application in order to address frontage requirement
issues that would arise were the proposed subdivision to proceed. The applicant has not submitted any new
information. Topics discussed at the May 7 hearing are summarized below.
1. The Board determined they would consolidate review of SD‐19‐10 and CU‐19‐01.
2. The Board considered whether they would allow the frontage buildout requirements for each of the T4
and T5 zoning districts to be met over multiple lots within the same zoning district. The frontage
buildout in T5 is 85%, and in T4 is 70%. The Board considered they would want to see the whole
subdivision plan across the frontage in order to determine whether they would allow this
interpretation. The concern was whether such an interpretation would result in leftover unbuildable
lots.
The applicant’s schematic site plan did not appear to provide 85% frontage buildout within the T5 zoning
district, even when the T5 district was considered as a whole. 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.
a. The applicant considered that they didn’t believe they could meet 85% build out and provide
open space on‐site, though Staff noted open space is not required to be on‐site in the T5
district.
b. Staff noted they didn’t believe a building could be built across two lots. Staff has done further
research and now considers that a building can be built across two lots if the requirements of
the FBC can be met.
3. The applicant discussed that they were dissatisfied that the LDRs require every building to front on a
street. Members expressed an intention to review the relevant standards more closely. The relevant
sections are the definition of “build‐to zone” (LDR p 13), and 8.03B(1) “All new buildings and all
SD‐18‐23
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additions to building shall include at least one building façade located entirely within a build‐to‐
zone” (with a short list of nonapplicable exceptions, LDR p95). Staff considers these sections, and
others, clearly identify that all buildings must front on streets, and all streets must be those listed as
qualifying as a street in the applicable BES table for the applicable transect zone.
4. The Board discussed combining this subdivision with the concurrent subdivision for the west end of the
subject lot. The preliminary and final plat application for subdivision of the western end of the subject
lot will be heard on July 2 (#SD‐19‐18), therefore Staff considers this concern no longer applicable.
Recommendation
Staff recommends the Board review the project with the applicant and provide clear guidance on whether they
consider the proposed subdivision to be meeting the Land Development Regulations prior to concluding the
sketch. Staff notes that should the applicant wish to propose a substantially different subdivision, a new sketch
plan hearing may be necessary.