HomeMy WebLinkAboutAgenda 06A_SD-19-18_180 Market St_City of South Burlington_PP FP_SC1
CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SD‐19‐18_180 Market St_City of South Burlington_PP
FP_2019‐07‐02.docx
DEPARTMENT OF PLANNING & ZONING
Report preparation date: June 28, 2019
Application received: May 31, 2019
180 Market Street
Preliminary and Final Plat Application #SD‐19‐18
Meeting date: July 2, 2019
Owner
South Burlington City Center, LLC
P.O. Box 2204
South Burlington, VT 05407
Applicant
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Property Information
Tax Parcel 0450‐00002
Form Based Code Transect Zone 5, Transect Zone 4
4.10 acres
Engineer
Latitudes Land Surveying
1 Mill Street, Suite 169
Burlington, VT
Location Map
PROJECT DESCRPTION
Preliminary and final plat application #SD‐19‐18 of the City of South Burlington to subdivide a 4.09 acre
lot into three lots of 0.27 acres, 0.61 acres, and 3.21 acres for the purpose of a future development project
under the Form Based Code on the 0.61 acre lot and dedicating the 0.27 acre lot as a public right of way,
180 Market Street.
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CONTEXT
The Applicant is proposing to subdivide one existing parcel into three lots in preparation for development
on Lot B1. Lot B2 will be for a future public right of way, and the remainder of Lot B will be the location
of future development and potential future subdivision. The development of Lots B1 and B 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.
COMMENTS
Development Review Planner Marla Keene and Administrative Officer Ray Belair, hereafter referred to as
Staff, have reviewed the plans submitted by the applicant and have the following comments.
A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
The existing lot and all three of the lots proposed to be subdivided straddle the T4 and T5 zoning districts.
The applicant is requesting under separate conditional use application that the applicable standards of
the T5 zoning district be shifted so that the entirety of proposed lot B1 is located in the T5 zoning district.
The Board will hear that conditional use application on July 16 (#CU‐19‐05).
There are no minimum lot dimensions within the T4 or T5 zoning districts.
The applicant has provided two versions of the plat plan for the property. The first version shows the
proposed subdivision and existing easements. The second version shows the proposed subdivision with
proposed easements annotated. Staff considers that the Board must approve a specific plan, and that the
annotated proposed easements are not specific enough to be considered compliant with this requirement.
Staff recommends the Board discuss with the applicant what their timeline is for the proposed easements,
and if the applicant wishes to record the proposed easements with the proposed subdivision, that the
Board require the applicant modify the provided plat to reflect the intended easements. If the applicants’
intent was to notify the Board of potential future easement changes but not to enact them at this time,
Staff recommends the Board require the applicant to abandon the annotated plan and instead record the
plan with the actual intended easements on the property.
8.04 Blocks, Streets and Alleys
A. General Standards
(1) Purpose. To implement the goals of the Comprehensive Plan and purposes of the City Center
FBC District, including transportation, economic development, creation of an active, pedestrian‐
friendly environment, and to implement the intent of block standards identified within the
Building Envelope Standards of each Transect Zone.
Staff considers that the proposed subdivision to create one development lot and one lot for a
public right of way meets the goals of the district, as discussed below under Subdivision Standard
#8.
(2) Construction of Streets
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(a) Where a building is proposed to be located on a lot that is adjacent to a new or extended
street, such street shall be constructed by the applicant pursuant to Article 15 and in
accordance with the requirements of Article 11, Street Typologies.
As presented at sketch, the applicant has proposed to provide a 60‐foot ROW and construct
the planned City street. The proposed street generally meets the standards of Section 15.12.
Compliance with Article 11 is discussed in 8.04B(2) below. Nothing in this application
precludes curb cuts consistent with the FBC from being installed on this new street section.
Staff notes the pavement cross section may need to be modified at the direction of the
Director of Public Works at the time of construction.
1. Staff recommends the Board include a requirement that the street be constructed prior to
occupancy of the first building with frontage on the street.
(b) – (4) N/A
(5) Connectivity. All existing or proposed streets shall connect directly at each end to another
existing public street, or planned or proposed street listed as a qualifying street type in the
applicable BES. This requirement, however, shall not apply to the planned street extending
north from Barrett Street depicted on the City Center Form Based Code Primary & Secondary
Street & Block Standard applicability map.
The applicant is proposing to extend the street to the northern property boundary. Staff considers
this criterion met.
(6) N/A
B. Location of blocks and streets.
(1) Applicability of block lengths and perimeters.
The subject property is exempt from block lengths and perimeter standards
(2) Public Facilities on the Official Map: Where a planned street or any other planned public
feature, facility, or improvement is shown on a parcel or lot on the Official Map, the owner of
such parcel or lot shall provide an irrevocable offer of dedication of such planned street or
planned public feature, facility for improvement to the City at the time of an application for land
development on such parcel or lot. In the event that the applicant proposes a private street, a
plan clearly depicting the area of such street shall be recorded in the land records prior to the
issuance of any zoning permit. The following additional standards shall apply in either instance:
(a) Where applicable, the applicant shall construct such street in accordance with the
requirements of these Regulations;
(b) Where the street is proposed to be public, the minimum street right‐of‐way width shall
be as identified within Article 11, Street Typologies;
In the T5 district, the minimum ROW width for a qualifying street is 50‐ft (“Neighborhood
Street Narrow”). The applicant is proposing greater than the minimum ROW width therefore
Staff considers these criterion met.
(c) Where the City identifies a specific Street Type on the Official Map, such street shall
comply with the standards for that street type in Article 11.
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(d) – (e) N/A
The street does not have a designated type on the official map. 11.03B(3) requires the DRB
to determine the applicable street type for the proposed ROW.
11.03B Determination of Applicable Street Types
(3) Where a new street, pedestrian pass, mid‐block lane, or other similar roadway is
required or proposed, the Development Review Board shall determine the applicable street
type.
(a) Any such determination shall be based upon a review of supporting
documentation from the applicant (or City, at its discretion) which shall consist, at a
minimum, of the following information:
(i) A statement of the proposed street type and specific reasons for the choice of
proposed street type;
(ii) The project traffic volumes, including trucks, pedestrians, and bicyclists, and
other relevant information; and,
(iii) A statement of compatibility with the present and anticipated improvements to
adjacent roadway sections.
(b) In makings its determination, the DRB shall consider the following:
(i) Only street types listed as “allowable street types” in the relevant Building
Envelope Standards shall be eligible;
(ii) The intent of the potentially applicable street typologies;
(iii) The anticipated adjacent development patterns;
(iv) Planned, proposed, or anticipated connections and extensions from existing
roads;
(v) Facilities needed to accommodate anticipated users, including vehicles,
pedestrians, and cyclists;
(vi) Long range studies, capital plans, the Comprehensive Plan, and related planning
& policy documents prepared by or with the City of South Burlington; and
(vii) Recommendations from the Public Works and Planning & Zoning
Departments
The applicant is proposing to construct a Support Street street type. The applicant has
provided the following narrative in support of their request.
For the purposes of the DRB’s determination of the applicable street type (11.03 B.(3)), the City
is proposing a Support Street street type because this street is
1) located off of and in support to the uses on Market Street (80’ Right of Way) which is
currently under reconstruction as a wide commercial street,
2) will have commercial on the south west corner of proposed Lot B since zoning
requirements require commercial uses on the ground floor on Market Street and a
support street is an appropriate transition street that supports commercial, residential,
and institutional uses,
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3) allows additional on street parking; and
4) may at some undetermined and far future date connect to Williston Road as per the
Official Map, and thus provide an appropriate side street in support of this primary
thoroughfare.
The role in the community of the support street is as follows (page 198 of the LDRs) “Support
Streets are side streets parallel or perpendicular from primary thoroughfares with higher levels
of activity (Destination Streets, Commercial Streets, Avenues, or Commercial Boulevards).
Support Streets allow for a harmonious transition from high activity along the primary
thoroughfare into the surrounding land use context. Support Streets provide space for
deliveries and additional on‐street parking, especially where those uses may be constrained on
the primary thoroughfare.”
The City has consulted with co‐applicant/current owner of the land east of the new street and
with the School District staff. The draft site plan layout reflects changes to ensure the design’s
compatibility with the anticipated improvements to adjacent roadways sections while
retaining an 8‐foot‐wide sidewalk that connects to the eight‐foot recreation path on the
Central School site. The proposed street cross section and streetscape has been reviewed by
the adjacent property developer’s engineer and comments have been incorporated into the
site layout.
It is anticipated that this street will be used by a variety of modes in order to access adjacent
parcels:
[see applicant’s narrative for a table of anticipated modal mix]
The City is proposing to install a full streetscape on both sides of the planned (future) street
(Lot B2) in conformance with the Support Street typical (travel lane, parking, greenbelt mixed
with hardscape featuring street lights and trees, and sidewalks). See draft site plan for layout.
Minimal lane widths, on‐street parking, street trees, and street lights as well as curb extensions
(bump‐outs) at driveways and crosswalks serve to buffer and protect pedestrian facilities, calm
and slow traffic, light sidewalks and provide shade. These measures provide an inviting and safe
environment for alternative modes of transportation while accommodating motor vehicles.
Staff recommends the Board approve the applicant’s request for a Support Street type.
Staff notes the Board is only determining whether to approve the ROW location and street type.
All other submitted information pertaining to the street are to be considered reference
materials only.
C. – E. N/A
F. Alleys. Alleys are encouraged in the City Center Form Based Code (FBC) District to minimize curb
cuts and to provide access to parking and service areas behind buildings. Alley locations and
dimensions are not fixed but shall be designed to accommodate the alley’s purpose.
No alleys are proposed.
B) ARTICLE 13 SUPPLEMENTAL REGULATIONS
13.06 Landscaping, Screening and Street Trees
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13.14 Bicycle Parking & Storage
13.17 Fences
13.18 Utility Cabinets
The applicant has provided a draft site plan for the purposes of showing the proposed configuration for
the public road and how the development on Lot B1 is proposed to be generally configured. Staff
considers that the applicable standards of Article 13 will be reviewed as part of the site plan application
for the Form Based Code district.
C) 15.18 CRITERIA FOR REVIEW OF PUDS, SUDVIDISIONS, TRANSECT ZONE SUBDIVISIONS AND
MASTER PLANS
Standards (1), (2), (6), and (7) pertain specifically to site design and are not applicable for review of
this subdivision.
(3) The project incorporates access, circulation and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely
on the findings of a traffic study submitted by the applicant, and the findings of any
technical review by City staff or consultants.
The applicant is proposing a 60‐foot right of way for the purposes of a future public street.
The applicant provided the following description of the construction schedule for the planned
street.
The new street is planned to be initiated in June with the completion of utility work,
grading, curbing, and initial paving (including the shared recreation path) by November
of 2019. Some additional concrete work (such as the sidewalk), landscaping and the
installation of above grade features such as street lights and bicycle racks will occur in
2020/2021. All work will be completed by June 2021.
Staff considers this criterion met.
(4) 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. In making this finding the DRB shall utilize the provisions of Article 12 of these
Regulations related to wetlands and stream buffers, and may seek comment from the
Natural Resources Committee with respect to the project’s impact on natural resources.
The Board approved a conditional use application (#CU‐18‐01) for the proposed wetland
impacts of the overall development. Staff considers this proposed subdivision consistent with
that application and considers this criterion met.
(5) 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. For Transect Zone subdivisions, this standard shall apply only to the
location of lot lines, streets and street types, and natural resources identified in Article XII
of these Regulations.
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Staff considers the proposed transect zone subdivision creates lots which facilitate the type
of dense development prioritized for the Form Based Code district.
(6) 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.
Staff considers the proposed road type and configuration compatible with the official map.
(7) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards, absent a specific
agreement with the applicant related to maintenance that has been approved by the City
Council. For Transect Zone subdivisions, this standard shall only apply to the location and
type of roads, recreation paths, and sidewalks.
As discussed pertaining to Section 8.04 above, the proposed roadway location is compatible
with the official map and the cross section is consistent with the Support Street cross section.
(8) The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The Project is located in the Central District. The objectives of the central district pertain to
creation of a City Center with a strong identity and mix of uses, including residential and non‐
residential uses, open spaces areas, and centralized stormwater management features.
Emphasis is given to promotion of interconnectivity which will result in minimizing parking
demand. Staff considers this criterion met.
(9) The project’s design incorporates strategies that minimize site disturbance and integrate
structures, landscaping, natural hydrologic functions, and other techniques to generate less
runoff from developed land and to infiltrate rainfall into underlying soils and groundwater
as close as possible to where it hits the ground. For Transect Zone subdivisions, this standard
shall apply only to the location of natural resources identified in Article XII of these
Regulations.
The Board approved a conditional use application (#CU‐18‐01) for the proposed wetland
impacts for the overall development. Staff considers this criterion met.
RECOMMENDATION
Staff recommends that the Board discuss the project with the applicant and close the meeting.
Respectfully submitted,
___________________________________
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Marla Keene, Development Review Planner