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HomeMy WebLinkAboutSP-17-29A - Decision - 0146 Market StreetSP-17-29A Findings of Fact and Decision APPLICANT: SNYDE R-B RAVE RMAN DEVELOPMENT COMPANY, LLC— 146 MARKET STREET APPELLANTS: CENTURY PARTNERS, LP, AND THIRTY-THREE MARY STREET, LLC SITE PLAN APPLICATION #SP-17-29A FINDINGS OF FACT AND DECISION Site plan application #SP-17-29A of Snyder -Braverman Development Company, LLC to construct a 42,163 sq. ft. four (4) story mixed -use building which includes 39 residential units, 146 Market Street, based on Administrative Officer Appeal #AO-17-03 of Site Plan SP-17-29. Based on the plans and materials contained in the document file for this application, the Parties agree to the following Findings: FINDINGS OF FACT & CONCLUSIONS OF LAW 1. On July 6, 2017 the Clerk of the Development Review Board received an appeal of the issuance of Site Plan #SP-17-29 for the construction of a 42,163 sq. ft. four (4) story mixed -use building which includes 39 residential units, 146 Market Street by the City's Administrative Officer. The owner of record of the subject property is South Burlington City Center, LLC. 2. Parties involved in this appeal are as follows: a. The Appellants are Century Partners, LP and Thirty -Three Mary Street, LLC, represented by Mark Sperry, Esq. b. The Applicant is Snyder -Braverman Development Company, LLC, represented by Robert Rushford, Esq. c. The owner of record is South Burlington City Center, LLC, represented by Tim McKenzie d. Raymond J. Belair, Administrative Officer for the City of South Burlington issued Site Plan Approval #SP-17-29 on June 22, 2017 3. The Development Review Board held a public hearing on August 15, August 24, and September 19, 2017. 4. The subject property is located in the City Center Form Based Codes Transect 5 (T5) and Transect 4 (T4) Districts. 5. The plan submitted consists of a thirteen (13) page set of plans and supplemental information, including: • A ten (10)-page set of engineering plans, prepared by Lamoureux & Dickinson, titled City Center - Lot A, 146 Market Street City of South Burlington ■ Sheet 1, Site Plan, prepared 1/6/2017, last revised 9/14/2017 ■ Sheet 2, Grading & Utility Plan, prepared 1/6/2017, last revised 8/28/2017 ■ Sheet 3, Landscaping Plan, prepared 1/6/2017, last revised 9/14/2017 ■ Sheet 4, Erosion prevention & sediment control plan, prepared 8/28/2017 ■ Sheet 5, Lighting Plan, prepared 1/6/2017, last revised 8/28/2017 ■ Sheet 6, Details & Specifications Site & Stormwater, prepared 1/6/2017, last revised 8/28/2017 south urlingto 1 PLANNING 8 20NING SP-17-29A Findings of Fact and Decision ■ Sheet 7, Details & Specifications Storm, Water & Sewer, prepared 1/6/2017, last revised 8/18/2017 ■ Sheet 8, Details & Specifications EPSC & Retaining Wall, prepared 1/6/2017, last revised 3/16/2017 ■ Sheet 9, Details & Specifications Water, prepared 4/10/2017 ■ Sheet PL-1, Subdivision Plan prepared 10/14/2017, last revised 2/10/2017 • A four ( 4)-page set of architectural plans, prepared by Innovative Design, Inc., Titled Cathedral Square, South Burlington, Vermont ■ Sheet A1.0, Parking Garage Plan, prepared 9/05/2017 ■ Sheet A1.1, First Floor Plan, prepared 9/05/2017 ■ Sheet A2 , Proposed Elevations Opt. 1, prepared 9/05/2017 ■ Sheet A2.1, Proposed Elevations, prepared 9/05/2017 • Cover narrative from Lamoureux & Dickenson dated September 7, 2017 and supporting documentation: ■ Application for Site Plan Review, dated 4/20/2017 ■ Landscape Cost estimate, dated 8/28/2017 ■ Trip Generation Estimate, including modified SheetA1.1, First Floor Plan, prepared 9/5/2017 and marked with uses dated 8/28/2017 indicating Total Space to be Used as Basis For Determining Non - Residential PM Peak Hour Trip Ends. ■ Mary Street Construction cost estimate ■ Marked -up Sheet 3, Landscaping Plan, prepared 1/6/2017, last revised 8/28/2017, indicating qualifying Open Space Areas in Hatched Red ■ T-5 Building Envelope Standards Checklist, dated 8/28/2017 6. Process Elements: a. The applicant provided a certificate of service indicating notice to abutting property owners dated May 3, 2017. b. The applicant held a pre -application meeting with staff on January 18, 2017 c. The applicant held a neighborhood meeting on May 17, 2017 at 6:30 pm at the South Burlington Police Station, 19 Gregory Drive, and provided a set of summary notes. d. The Administrative Officer deemed the application complete on June 6, 2017, following receipt of final comments from the Director of Public Works (June 5, 2017) and Fire Department (May 4, 2017) e. The Administrative Officer issued a Findings of Fact and Decision approving Site Plan # SP- 17-29 on June 22, 2017. CITY CENTER FORM BASED CODES STANDARDS Section 8.02 Land Development and Building Placement A. Land Development. No land development shall be permitted except in full compliance with the applicable Building Envelope Standards (BES) and this Article. See below under Building Envelope Standards. south 2 PiANNING 14 ZONING SP-17-29A Findings of Fact and Decision B. Building Placement. All new buildings, and all additions to buildings, except as permitted in a T3 Cottage Court or as permitted under Section 8.11, Nonconformities, shall include at least one building fagade located entirely within a Build -to -Zone. The proposed building includes building fagades located entirely within the Markey Street and Mary Street build -to -zones. C. Special Requirements, Prohibitions & Exceptions. Not applicable. Section 8.04 Blocks, Streets, and Alleys A. General Standards (1) Purpose... (2) Construction of streets (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. (b) Where a building is proposed to be located on a lot that is adjacent to existing street, such street shall be upgraded pursuant to Article 15 and in accordance with requirements of Article 11, Street Typologies. The applicant has proposed to construct the section of Mary Street from Market Street to the north end of the subject property. The Development Review Board approved this street to be a "Support Street." The proposed Mary Street section complies with the street type standards for a Support Street in Article 11, with the exception of the required sidewalk on the west side of the Street. Pursuant to the stipulation agreed upon by the Appellants and Applicant, dated August 24, 2017, "If and when Appellant Century' redevelops its property in the future with one or more buildings adjacent to the westerly side of the sixty (60) foot strip depicted on Sheet PL-1 of the Plans, Century2 shall be responsible for constructing at its expense a six (6) foot wide sidewalk and five (5) foot wide green strip along the westerly side of the sixty (60) foot strip (which green strip may occupy a portion of the sixty (60) foot strip not occupied by Mary Street Extension and the parking on the westerly side thereof). Century' may cross and re -cross the areas of any such sidewalk and green space with one or more access roads to Mary Street Extension, subject to obtaining applicable approvals from the City, as necessary." Century Partners, LP, shall be responsible for construction of the sidewalk and green strip on the western side of Mary Street, as described above, in accordance with the requirements and thresholds established in Section 11.04(B) of the Land Development Regulations. The applicant has proposed to construct a temporary, paved sidewalk along Market Street to be replaced when the City's Market Street project is completed. With the conditions listed herein, this criterion is met. 1 Appellant Century as referred to within the Stipulation is referred to as Century Partners, LP within this appeal and decision. 2 Century as referred to within the Stipulation is referred to as Century Partners, LP within this appeal and decision. 3 Century as referred to within the Stipulation is referred to as Century Partners, LP within this appeal and decision. south i 3 PLANNING B ZONING SP-17-29A Findings of Fact and Decision (3) Perimeter and Length of Blocks. Not applicable. (4) Frontage Buildout. See below under Building Envelope Standards. (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. The applicant has proposed to construct the planned Mary Street connection to Market Street. (6) Build -to -Zones. See below under Building Envelope Standards. B. Location of blocks and streets. (1) Applicability of block lengths and perimeters. The subject property is located within an exempt area. (2) Public Facilities on the Official Map. The applicant created a 12,589 s.f. lot for the planned Mary Street connection as part of Subdivision application #SD-17-03, to be conveyed to the City. The applicant has proposed to construct this Mary Street connection. The applicant shall provide the City with an Irrevocable Offer of Dedication for this 12,589 s.f. lot. C. Primary and Secondary Streets. Market Street is a Primary Street; Mary Street is a Secondary Street. D. Primary and Secondary Building Fagade determination. The building side facing Market Street is the Primary Building Fagade; the building side facing Mary Street is the Secondary Building Fagade. E. Corner Radii; Clear zones. The proposed site plan includes a 25-foot clear zone free of all vertical obstructions as required. F. Alleys. None proposed at this time. Section 8.05 Parking A. On Street Parking. Parallel on street parking is proposed on both sides of Mary Street and has been reviewed by the Director of Public Works. Project parking on Mary Street extension shall be limited to temporary parking only, not to exceed two hours. Without limitation, Project employees shall park within designated Project onsite parking spaces. The term "Project" means the building and improvements on "Lot A" depicted on Sheet 1 of the Plans. B. Off -Street Parking placement. (1) Where all Frontage Buildout requirements have been met, off-street surface parking shall be permitted, but shall be set back a minimum of 25 feet from the closest street line. Proposed off-street surface parking is located at a distance greater than 25' from Market Street. (2) ...(n/a) (3) Notwithstanding (1) above, no parking shall be permitted within one hundred and forty feet (140') of an existing, planned or proposed qualifying street unless the Frontage Buildout south 4 PL ANNI N G A. 70 N I NG SP-17-29A Findings of Fact and Decision requirements for all areas between the street right-of-way and proposed parking have been met, regardless of whether such areas are on one or multiple lots with one or multi ownerships. a. This figure shall be reduced to eighty feet (80') where the applicant demonstrates that this area has a shared parking agreement that would allow for the development of the area without parking within this eighty foot (80') area. The proposed development does not meet the frontage buildout along Mary Street. Proposed off- street parking is located greater than 80 feet from Mary Street, however. Parking for any future development along Mary Street on the subject shall be permitted to use the proposed off-street parking on the site. C. Structured Parking Lot Placement. Not applicable D. Access to Off Street Parking. Off-street parking is accessed via Mary Street. Section 8.06 Special Standards A. Civic Sites. Not applicable. B. Places of Worship. Not applicable. C. Drive Throughs. Not applicable. D. Service Stations. Not applicable. E. Buffer Strip. Not applicable. F. Required Minimum Stories, Combined Stories. Not applicable. G. Rooftop Elements and Uses; utilities. (1) Conceal rooftop devices. The project will include mini -split type air conditioning units on the roof. The applicant has indicated that these will be approximately 4 feet tall and located in the center of the building. This will be combined with a 2-foot tall parapet around the building. This criterion to is met. (2) Flat Roof Designs. The applicant has proposed a 2-foot parapet and overhang around the around the building. This criterion is met. (3) Rooftop Use and structures. Not applicable (4) Utility features. Utility features, such as generators, gas lines or meters, or electrical meters, shall not be located on any faVade parallel to and adjacent to a street and shall be screened from view of any such street. The applicant has indicated that any such lines or meters shall be located on the north side of the building and/or in the basement and will be screened from view. H. Alternate Compliance for Entrances in T4. Not applicable. Section 8.07 Prohibited Materials No prohibited materials have been proposed. Section 8.08 Open Space Requirements The applicant has proposed 39 housing units and 10,039 square feet of non-residential space. Minimum Open Space is calculated as follows: Required Amount: 39 housing units x 60 s.f. min per unit = 2,340 s.f. south' PLANNING K IONINr. SP-17-29A Findings of Fact and Decision 10,039 s.f. of non-residential space (all first floor building area) x 0.05 = 502 s.f. Total required: 2,842 s.f. The applicant has proposed 3,150 s.f. of qualifying open space on -site. Type: The applicant has selected pocket / mini -park. The size and type of Open Space are met in accordance with Section 8.08, and the proposed open space design complies with the guidelines established in Appendix G — Open Space. Section S.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. Section 8.14 T-5 Building Envelope Standards See attached completed Building Envelope Standards checklist SITE PLAN REVIEW STANDARDS Section 14.06 Site Plan Review Standards A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. The proposed project is located in the Central District as enumerated in the 2016 Comprehensive Plan. Objective 41 of the Plan states: "Create a cohesive, diverse, dynamic and people -oriented City Center with a strong identity and 'sense of place' that incorporates harmonious design, an appropriate mix of residential and non-residential uses and public amenities that complement adjoining neighborhoods." This criterion is met. B. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. Building features are addressed above. Walkways are provided between structures, parking areas, and open spaces. Landscaping is addressed below. This criterion is met. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. south 6 PLANNING. & ZONING SP-17-29A Findings of Fact and Decision This criterion is met. (b) ... Not applicable (3) The height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. Building features are addressed above. This criterion is met. C. Relationship of Structure and Site to Adjoining Area (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g. rhythm, color, texture, form or detailing), landscaping, buffers, screens, and visual interruptions to create attractive transitions between buildings of different architectural styles. Building features are addressed above. This criterion is met. (2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. Building features are addressed above. Only one building is proposed. This criterion is met. Section 14.07 Specific Review Standards A. Access to abutting properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The property located to the north-east of the subject may at some future time be developed. A connection between that property and the subject property over to Mary Street would improve general access and circulation in the area. A notice of conditions indicating that the applicant will provide the owner of the adjacent property an access easement across the northerly portion of the property to Mary Street if deemed necessary by the Development Review Board or Administrative Officer in connection with a plan for development of the adjacent property shall be provided. . B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. The plan indicates utilities will be underground. C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (ie, non-dumpster, non -large drum) shall not be required to be fenced or screened. south 7 PL A N N I N6 A /0 N I>: SP-17-29A Findings of Fact and Decision Waste disposal is proposed to be handled under the building. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. Building construction cost is estimated at $5,600,000. Required minimum landscaping is calculated as follows: Total Building Construction or Improvement Cost % of Total Construction/Improvement Cost Cost Up to $250,000 3% $7,500 Next $250,000 2% $5,000 Remainder over $500,000 ($5,100,000) 1% $51,000 Total: $63,500 The applicant has proposed $63,500 in landscaping and qualifying features (see above under Open Space for qualifying uses of these funds under the T5 District). Of this, $ 27,810, or 43.8% , is proposed to be landscaping. in an email dated September 12, 2017, the City Arborist indicated that the landscaping and cost estimate was reasonable. The remainder, $35,690, is proposed to be wall mounted artwork. Table 8-3 of the Land Development Regulations allow up to 60% of a project's minimum landscaping budget to be used for items to include commissioned sculptures. The value of the artwork is 55.2% of the minimum landscaping requirement. The applicant has proposed that a commissioned artwork be designed and installed on the building facade facing Market Street. This criterion is met with the condition that the applicant demonstrate that the artwork was an original commissioned work, that the artwork be installed prior to issuance of a Certificate of Occupancy for the building, and that the applicant post a separate bond in the amount of $ 35, 690 to be released upon issuance of a certificate of occupancy for the building. The applicant has proposed landscaping that meets requirements for screening of parking areas, distribution throughout parking areas, canopy over open space, and screening of generators. The landscaping criteria are met. E. Modification of Standards No modifications have been requested. F. Low Impact Development The plans were reviewed using the Stormwater Management Standards found in Section 12.03 of the LDRs. In an email dated September 13, 2017, the Assistant Stormwater Superintendent provided the following: south 8 Pt. ANNING R ZONING SP-17—_>9A Findings of Fact and Deci Sion The Stormwater Section has reviewed the "City Center - Lot A" site plan prepared by Lamoureux & Dickinson, dated 116117 and last updated on 8128117. We would like to offer the following comments: 1. This project is located in the Potash Brook watershed. This watershed is listed as stormwater impaired by the State of Vermont Department of Environmental Conservation (DEC). 2. A condition should be included requiring the applicant to regularly maintain all stormwater treatment and conveyance infrastructure. The applicant should be required to maintain an infiltration rate of 20" per hour for the proposed Dry Swales. The stormwater standards are met, with the conditions recommended by the Stormwater Section. G. Standards for Roadways, Parking and Circulation See above for parking. The applicant indicated in a letter dated August 28, 2017 that Projected Peak Hour Trips for the site would be twenty-one ( 21), based on 39 units of senior housing (Code 251); 3,184 s.f. of recreational community center (Code 495) and 1,421 s.f. of general office (Code 710) in the 9t" Edition of the ITE Trip Generation Manual. This criterion is met. OTHER Fire Department In an email dated September 12, 2017, the City's Fire Marshal indicated that he had no additional comments resulting in changes to the plans submitted for this application. Section 3.15 Energy Standards All new buildings are subject to the Stretch Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. Section 11.02 Street Types / Mary Street The proposed Mary Street extension was approved by the Development Review Board as a support street. See noted above under Section 8.04 concern Mary Street cross-section compliance. In an email dated September 12, 2017, the City Arborist indicated that he was satisfied with the plans. The applicant has provided a construction estimate of $179,256.00 for Mary Street. In an email dated September 12, 2017, the City Engineer / Director of Public Works indicated that the costs were appropriate. The proposed development meets the minimum requirements for each of the required streetscape elements for a support street. SOUth, 9 Pt ANNING AZONING SP-17-29A Findings of Fact and Decision Mary Street Bond Prior to the issuance of a zoning permit for the building, the Applicant shall provide a performance bond, letter of credit, or escrow account (any of the foregoing herein a "surety") in favor of the City with a four (4) year term from issuance of the zoning permit for the building, in the amount of $179,256.00, less any Road Improvement Impact Fee credits approved by the City Council, for the construction of Mary Street extension, and related improvements depicted on Sheets 1 and 2 of the Plans, including sidewalks, parking, stormwater facilities, and landscaping (herein "Related Improvements"), which also includes the value of the street trees. Such surety shall be in a form approved by the City Attorney as provided in Section 15.15(D) of the Land Development Regulations. Mary Street Irrevocable Offer of Dedication Prior to issuance of a zoning permit, all appropriate legal documents including easements (e.g. certificate of title, irrevocable offer of dedication and warranty deed for the proposed public road, and utility, sewer, drainage, and water, etc.) shall be submitted to the City Attorney for approval and recorded in the South Burlington Land Records. [These documents have been submitted and approved. As such, this provision has been satisfied] Section 12.02 Wetland Protection Standards The applicant received approval for wetlands impacts by the Development Review Board on May 17, 2017, under Miscellaneous Application #MS-17-02. The Administrative Officer finds the proposed site plan to comply with these approved wetland impacts. Section 13.07 Exterior Lighting The proposed project complies with the lighting standards. One light pole and one building -mounted light are proposed on the north side of the site. Section 18.01 Inclusionary Zoning C(1) Inclusionary Units. For covered development, at least five percent (5%) of the total dwelling units offered for rent or sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall be affordable to households having incomes no greater than 80% of the area median income (AMI) adjusted for household size. An additional five percent (55vo) of the total dwelling units shall be affordable to households having incomes no greater than 100% of the AMI adjusted for household size. An additional five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater than 120% of the AMI adjusted for household size. The applicant is proposing 39 total housing units. Minimum Requirement Proposed < 80% of Median Income 5% (2 units) 79% (31 units) < 100% of Median Income 5% (2 units) 7.7% (3 units) < 120% of Median Income 5% (2 units) 12.8% (5 units) south ' 10 PI. ANNING$ ZONING SP-17-29f Findings of Fact and Decision This criterion is met. The applicant will be required to demonstrate the existence of these affordable units in the legal documents required under condition #12 below. D(2) Continued Affordability. An inclusionary unit shall remain affordable in perpetuity commencing from the date of initial occupancy, through a deed restriction, restrictive covenant, or through purchase by or a contractual agreement with a local, state or federal housing authority or nonprofit housing agency, to be reviewed by the City Attorney and approved by the City Manager prior to recording in the City of South Burlington Land Records. The applicant shall provide the City Attorney with a deed restriction, restrictive covenant, or through purchase by or a contractual agreement with a local, state or federal housing authority or nonprofit housing agency. D(3) Reporting Requirements. Annually, the owner of a project that includes inclusionary rental units shall prepare and submit a report to the City Manager that lists the gross rents charged for inclusionary units and the household incomes of unit tenants, and certifies that unit affordability has been maintained as required. E(1)(b) Off -Site Construction. The developer of a covered development may comply with the requirements of this section by constructing, within two years of receiving a permit for the covered development, the required number of inclusionary units on another site within the City Center Form Based Codes District, or contracting with another entity to construct the required number of units in the City Center Form Based Codes District. The applicant may seek to have units within this proposed building serve as off -site construction of affordable units. This is permissible. Compliance with all requirements of this Section 18.01 including but not limited to affordability, size, and architectural style will be evaluated at the time of request. Vehicle Trip Generation PM Peak Hour Trips for the proposed development are calculated as follows for the purposes of overall Vehicle Trip Generation: 39 senior adult housing [Land Use Code 2521 = 10 VTEs 1,421 s.f. of general office [Land Use Code 710] = 2 VTEs 3,184 s.f. of recreation / community center [Land Use Code 495] = 9 VTEs Total = 21 VTEs. Traffic Impact Fee Calculation and Credit Request Pursuant to the City's Impact Fee Ordinance, traffic for multi -family residential development is calculated on a per -unit basis and non-residential development is calculated in accordance with their respective ITE Trip Generation Manual Land Uses code. Based on a 2018 occupancy, Traffic Impact Fees, after credits included within the Impact Fee Ordinance for the Proposed Development are as follows: 39 multi -family housing units = $23,196.81 out 11 PI. A rah IN G b Y, 0 N I N G SP-17-29A Findings of Fact and Decision 11 Non-residential PM Peak Hour Trips = $10,315.27 The applicant has requested an in -kind credit of PM Peak Hour Trips in accordance with Section 8 of the Impact Fee Ordinance. Based on a 2017-2018 construction year, the Administrative Officer estimates the building to have a traffic impact fee value of $33,512.08. The applicant has provided an estimate for the cost of construction of Mary Street extension to be $179,256.00. Mary Street extension is a planned street in the City Center Road Network. The City Council is recommended to issue a credit of $33,512.08 pursuant to Section 8 of the Impact Fee Ordinance. south � 12 PI. ANNING & ZONING SP-17-29A Findings of Fact and Decision BUILDING ENVELOPE STANDARDS T-5 Building Envelope Standards Development Standards Staff Review T-5 BES (South Burlington Land Development Primary Building Secondary Building Regulations, 8.14) Facade Facade Applicant Criteria Requirements Requirements Information Satisfied' (B) Lot Standards (1) Lot Dimensions (a) Lot size None n/a (b) Lot Width None n/a (2)Lot Occupation (a) Percentage of Lot Coverage None n/a (b) Units per acre None n/a (C) Building Standards (1) Building Types (a) All Types Permitted n/a (2), Building Stories (a)I Principal 2 Min., 6 Max. 4 J (b) Accessory 1 Max. n/a (3) Floor -to -Floor Height (a) First story 14' Min., 20' Max. 14' J (b) Upper Stories 10' Min., 14' Max. 514' Y (4) Build -to -Zone (a) Primary Build -to -Zone O' Min., 6' Max. 0' Min., 9' Max. 0.6' Y (b) Secondary Build -to -Zone (5) Frontage (a) Frontage Buildout 85% Min. 85% Min. (Note 1) 90% V (b), Percentage of Frontage Buildout within 75% Min. 50% Min. 75.3% the Primary Build -to -Zone J (Market) (c) Percentage of Frontage Buildout within 0% Min., 25% Max. 50% Max. the Secondary Build -to -Zone 25%(Market) Y (6) Entrances (a) Average frequency of Public Entrances, 30' Max. 45' Max. Market 28 non-residential first story use J Mary 34' (b) Maximum distance between Public 40' Max. 60' Max. Entrances, non-residential first story use Market38' J Mary 38' (c )Average Frequency of Operable not applicable Entrances, residential first story use n/a (d) Maximum distance between Operable not applicable Entrances, residential first story use n/a (7) Glazing (a) First Story Min. 80%of the Min. 40%of the Width of the Width of the Market 90% Building, and Min. Building, and Min Mary58% € J 7.5' in Height 7.5' in Height (b) First Story, percent ofglazing required to 75%Min. 175%Min. be transparent 75%Min Mary& Y Market Street. (c) Upper Stories See Note 2 30% Market; J 20% Mary (d) Upper Stories, percent of glazing See Note 2 required to be transparent 10096 J (8) Building Breaks (a) Building Horizontal Fagade Min. 3 every 80' Min. 3 every 80' Satisfied J (b) Single Span of Horizontal Facade Without Recommend every Recommend every a Break 24-48 feet; 60' Max. 24-48 feet; 60' Max. 46, Max Y (9)Supplemental Building Standards (a) Awnings, Stoops, Vestibules Encouraged Canopy J SOuthJ 13 PLANNING 8 ZONING SP-17-29A Findings of Fact and Decision T-5 Building Envelope Standards Development Standards Staff Review T-5 BES (South Burlington Land Development Regulations, 8.14) Primary Building Secondary Building Facade Facade Requirements Requirements Applicant Information Criteria Satisfied (D) Block and Street Standards (1) Blocks (a) Perimeter 1,600' Max. n/a (b) Length 400' Max. n/a (2) Street and Connection types (a) Destination Street Permitted, Qualifies as a Street (b) Support Street Permitted, Qualifies as a Street Mary Street V (c) Neighborhood Street Narrow Permitted, Qualifies as a Street (d) Market Street & Garden Street Permitted, Qualifies as a Street (e) Path Permitted Connection, Not a Street (f) Alley Permitted Connection, Not a Street (b) Mew Permitted Connection, Not a Street (h) All other street types Prohibited (3) Curb Cuts (a) On Market Street Prohibited V (b) On Garden Street Prohibited (c) All other streets 100' Min. distance between curb cuts Mary Street >1W V (E) Parking Standards (1) Parking Amount Requirements (a) Per Residential Unit 2spaces Max. 39units =78 spaces Max V (b) Per 1,000 gross s.f. Non -Residential 2 spaces Min. (2) Location & Screening (a) New construction resulting in additional non-residential gross floor area or residential units shall meet T-5 Parking Standards V (b) New surface parking shall be set back from the primary street a minimum of 25' V (c) Parking spaces may be leased from the city or a private landowner n/a (d) New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height V (e)j Parking under structures is encouraged Garage proposed V (f) Parking shall only be permitted in compliance with applicable BES standards for building frontage V (g)' No parking spaces required forground floortenants/ uses less than 5,000 sq. ft. V (3) Off -Site Parking , n/a (F) Supplemental District Standards (1) Upper Story setbacks n/a (G) Streetscape Standards (1) General Standards (a) All streetscape features must be consistent within a project. V (b)' Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. V _ (c)All features proposed within an existing, proposed, or planned public ROWshall comply with requirements of the Department of Public Works. V (d)', Proposed development shall comply with all requirement of Article 11 V (2) Streetscape requirements (a) Benches 1 Min. per 50' fronts e V (b): Bicycle Parking or Rack Spaces 20 Min. per 100' frontage V (c ) Street Tree Spacing, on center 30' Max. average V south 14 PI. ANNINC & ZONING SP-17-29A Findings of Fact and Decision DECISION Based on the above Findings of Fact, Site Plan Application SP-17-29A is upheld and approved subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. This project, including the Mary Street extension and Related Improvements, must be completed as shown on the plans submitted by the applicant, as further identified in paragraph 5 of the above Findings of Fact, and on file in the South Burlington Department of Planning and Zoning. 3. Prior to permit issuance, the applicant must post a $27,810 landscaping bond. This bond must remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 4. Prior to permit issuance, the applicant must post a $35,690 bond for the proposed artwork. This bond must remain in effect until the issuance of the permanent Certificate of Occupancy. 5. Prior to the issuance of a zoning permit for the building, the Applicant shall provide a Surety in favor of the City with a four (4) year term from issuance of the zoning permit for the building, in the amount of $179,256.00, less any road improvement impact fee credit approved by the City Council, for the construction of Mary Street extension, and Related Improvements, which also includes the street trees. Such surety shall be in a form approved by the City Attorney as provided in Section 15.15(D) of the Land Development Regulations. 6. The applicant must receive final water and wastewater allocation prior to issuance of a zoning permit. 7. The applicant will be responsible to regularly maintain all stormwater treatment and conveyance structures on -site. 8. Prior to issuance of a zoning permit, all appropriate legal documents including easements (e.g. certificate of title, irrevocable offer of dedication and warranty deed for the proposed public road, and utility, sewer, drainage, and water, etc.) shall be submitted to the City Attorney for approval and recorded in the South Burlington Land Records. [These documents have been submitted and approved. As such, this provision has been satisfied] 9. Prior to the issuance of a zoning permit, the applicant must record a "Notice of Conditions" in the South Burlington Land Records, which has been approved by the City Attorney, indicating that the applicant will provide the owner of the adjacent property an access easement across the northerly portion of the property to Mary Street if deemed necessary by the Development Review Board or Administrative Officer in connection with a plan for development of the adjacent property. Such access easement shall become effective only at such time as a reciprocal easement is granted to this property through the adjacent property to its nearest roadway. The cost of site modifications to allow for the physical connection shall be borne by south 15 PLANNING R 7n NINE SP-17-29A Findings of Fact and Decision the adjacent property. 10. The applicant shall regularly maintain all stormwater treatment and conveyance infrastructure. The applicant shall be required to maintain an infiltration rate of 20" per hour for the proposed Dry Swales. 11. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 12. Prior to issuance of the permanent Certificate of Occupancy, the applicant must provide the City Attorney with a deed restriction, restrictive covenant, or through purchase by or a contractual agreement with a local, state or federal housing authority or nonprofit housing agency. 13. Prior to the issuance of the permanent Certificate of Occupancy, the artwork must be installed and the applicant must demonstrate that the artwork was an original commissioned work. 14. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the non-residential portion of the building will generate 11 additional vehicle trip ends during the P.M. peak hour. 15. The Applicant shall obtain a zoning permit for the building no later than 12/31/17 or this approval is null and void. The Mary Street Extension and Related Improvements depicted on the Plans shall be completed within two (2) years after issuance of the Zoning Permit for the building. In the event Mary Street Extension and Related Improvements depicted on the Plans are not completed within two (2) years after issuance of the Zoning Permit for the building, the City may obtain and use the Surety funds to complete the then incomplete construction of Mary Street Extension and Related Improvements. 16. All exterior lighting must be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 17. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the building. 18. All new buildings are subject to the Stretch Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. 19. Any change to the approved plan will require approval by the South Burlington Development Review Board or the Administrative Officer. 20. Project parking on Mary Street extension shall be limited to temporary parking only, not to exceed two hours. Without limitation, Project employees shall park within designated Project onsite parking spaces. The term "Project" means the building and improvements on "Lot A" depicted on Sheet 1 of the Plans. 21. If and when Century Partners, LP redevelops its property in the future with one or more buildings adjacent to the westerly side of the sixty (60) foot strip depicted on Sheet PL-1 of the Plans, Century Partners, LP shall be responsible for constructing at its expense a six (6) foot wide sidewalk and five (5) foot wide green strip along the westerly side of the sixty (60) foot strip (which green strip may soot �" 16 PLANNING 8 ZONING SP-17-29A Findings of Fact and Decision occupy a portion of the sixty (60) foot strip not occupied by Mary Street Extension and the parking on the westerly side thereof). Century Partners, LP, may cross and re -cross the areas of any such sidewalk and green space with one or more access roads to Mary Street Extension, subject to obtaining applicable approvals from the City, as necessary. SIGNATURE PAGES TO FOLLOW south Jington 17 PLANNING 6 20NINO SP-17-29A Findings of Fact and Decision Signature page to SP-17-29A Findings of Fact and Decision DATED at Vermont, this day of _��, 2017 GRAVEL & SHEA, P.C., attorneys for Snyder -Braverman Development, LLC Robert H. Rushford, Esq. 76 St. Paul Street PO Box 369 Burlington, VT 05402-0369 (802) 658-0220 southbuartingto 18 PANNING &-ZONINGS SP-17-29A Findings of Fact and Decision Signature page to SP-17-29A Findings of Fact and Decision DATED at Vermont, this day of LANGROCK SPERRY & WOOL, P.C., attorneys Appellants Mark L. Sperry, Uq. PO Box 721 � Burlington, VT 054Q2 (802)864-0217 Solo"�1 19 PLANNING ll ZONING SP-17-29A Findings of Fact and Dects$bn SigrWOre page to SP-17-29A.Andlngs of fAct and Decision Ion DATED at WrToont this.'00 ., , yof -4 2017 SOUTH BURLING QN CITY CENTER,:LLC ZeleQ14'-.' A d A flMOMY cl(enl�p IV AuthorlZed AgVf -sqtxth 11 gl 1) 11 .2.0 st A 0 ll't r!rlr.: 4,- 4 or.1!4 0 (F SP-17-29A Findings of Fact and Decision Signature page to SP-17-29A Findings of Fact and Decision DATED at 50. Vermont, this day of Q l , 2017 CITY OF SOUTH BURLINGTON r Raymo d J. Belair, Admini five Officer southburli ngton 22 PLANNING & ZONING SP-17-29A Findings of Fact and Decision SO ORDERED: Motion by �� 04 , seconded by XP4 b to approve Order: Matt Cota ea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present John Wilking ea Nay Abstain Not Present Bill Miller ea Nay Abstain Not Present David Parsons Yea Nay bstain Not Present Jennifer Smith 'e > Nay Abstain Not Present Frank Kochman Yea Nay Abstain of Present Motion �� by a vote of �— — Signed this day of 2017, by A",��� Bill Miller, Chair PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist. South f f � : o 22 PLANNING A ZONING