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Home My WebLink AboutSD-17-03 - Decision - 0146 Market StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SNYDER-BRAVERMAN DEVELOPMENT COMPANY, LLC-6 MARKET ST. PRELIMINARY & FINAL PLAT APPLICATION #SD-17-03 FINDINGS OF FACT AND DECISION Preliminary & final plat application #SD-17-03 of Snyder -Braverman Development Company, LLC to subdivide a 5.15 acre parcel into three (3) lots ranging in size from 12,589 sq. ft. to 183,150 sq. ft., 6 Market Street. The Development Review Board held a public hearing on March 7, 2017 and March 21, 2017. The applicant was represented by Andy Rowe and Chris Snyder. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant, Snyder -Braverman Development Company, LLC, seeks to subdivide a 5.15 acre parcel into three (3) lots ranging in size from 12,589 sq. ft. to 183,180 sq. ft., 6 Market Street. 2. The owner of record of the subject property is South Burlington City Center, LLC. 3. The application was received on February 10, 2017. 4. The property lies within the City Center Form Based Codes Zoning District. 5. The plan submitted consists of one (1) page titled "Subdivision Plat" prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated 10/14/2016 and last revised on 2/10/2017. A. Form Based Codes District Dimensional Standards Subdivision of a property is one of the few instances in which the Board is involved in projects that are proposed to occur within the City Center Form Based Codes District. There are no dimensional standards for the Board to consider in the case of this project, because the Transect Zone 5 area of the FBC does not have minimum lot widths or lot sizes. The Board notes that it is the applicant's responsibility to assure that the parcels resulting from the subdivision are able to be developed in full conformance with these Regulations. B. Parcels The proposed subdivision will create three (3) parcels: one (1) of 183,180 sq. ft. (noted as Lot B on the Subdivision Plat); one (1) of 28,793 sq. ft. (Lot A), and one (1) of 12,589 sq. ft. The 12,589 sq. ft. parcel is a 60 foot wide lot/right-of-way to be conveyed to the City of South Burlington for the purpose of the Mary Street right-of-way so that it can connect to Market Street. C. Access to parcels 1 Pursuant to Section 8.14(D)(3) of the Land Development Regulations, in Transect Zone 5, curb cuts are prohibited on Market Street and Garden Street and are required to be spaced a minimum of 100' apart. Lot A is proposed to be accessed via the 60 foot right-of-way to which the City will receive an irrevocable offer of dedication. The Board finds that Lot A is sufficiently long along this right-of-way to meet the 100 foot minimum separation from Market Street. Lot B is proposed to be accessed via the existing right-of-way located to its east (to become Garden Street when completed). The Board finds that Lot B will have sufficient frontage along the Garden Street right-of-way in Transect Zone 4 (where curb cuts are permitted) to provide access. D. Official Map The South Burlington Official Map contains two planned streets on the original parcel. • On the western side of the original parcel is a planned street connecting Market Street to Mary Street. The Official Map shows this planned street on the applicant's property. The applicant proposes to dedicate a parcel of 60 feet in width, which could accommodate the entire planned street shown on the Official Map. Mary Street and its extension towards Market Street are listed as a "Support / Neighborhood Street" in the City Center Form Based Code — Primary & Secondary Streets & Block Standard Applicability map in the Land Development Regulations. A Support Street requires a 60 foot right-of-way. In the center of the original parcel is a planned street connecting Market Street to the property to the north and eventually to Williston Road. At this time, the applicant has not proposed to dedicate this planned road. The Board finds it is acceptable to not subdivide this second street right-of-way at this time as the proposed Lot B will have access to a street on its eastern side and because the applicant has indicated that they only intend to develop Lot A with a building at this time. This decision will, however, contain a condition that no approvals for buildings on any portion of Lot B be issued until the planned street shown on the Official Map is subdivided and offered to the City via an irrevocable offer of dedication. E. Determination of Street Types Pursuant Section 11.03(B) of the Land Development Regulations, the Development Review Board shall determine the applicable Street Type. Section 11.03(B)(2) states that "Any street type listed for a specific section of roadway on the Official Map shall be the applicable street type for the purposes of these regulations." Pursuant to the City Center Form Based Code — Primary & Secondary Streets & Block Standard Applicability map, Market Street has its own specific "Market Street" designation, and Mary Street from Market Street to Williston Road is listed as "Neighborhood / Support Street." As the Mary Street section includes two street types (Neighborhood and Support), the Board is responsible for determining the final street type. Pursuant to Section 8.14(D)(2), of these two options, only "Support Street" is eligible in the T5 District. The Board finds that for the section of road in question, from Market Street to the existing Mary Street, the street type will be "Support Street." F. Street Construction 2 Section 8.04(B)(2) of the Land Development Regulations addresses street construction of planned streets shown on the Official Map; however, the Board finds no construction is being proposed as part of this application and so this section of the Regulations will be dealt with at future stages of review. G. Criteria for Review of Subdivisions Section 15.18 of the Land Development Regulations contains a list of criteria by which subdivisions should be reviewed. These criteria deal with such issues as utilities, open space, and wetlands. No wetlands or other natural resources have been identified by the applicant. There is no development (no new utilities, buildings, planned open spaces, etc.) proposed in conjunction with this application, only the subdivision of land into three (3) parcels. The Board finds that the proposed subdivision does not limit the ability of any of the parcels to meet the criteria of Section 15.18 once development is proposed at a future date. Motion by John Wilking, seconded by Frank Kochman, to approve preliminary and final plat application #SD-17-03 of Snyder -Braverman Development Company, LLC, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The plat must be revised to show the changes below and will require approval of the Administrative Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative Officer prior to recording the plat. a. The survey plat must be revised to include the signature and seal of the land surveyor. b. The survey plat must be revised to be at the scale listed on the plat. 4. Prior to recording the final plat plan, all appropriate legal documents including easements (e.g. irrevocable offer of dedication for the 12,589 sq. ft. parcel) will be submitted to the City Attorney for approval and recorded in the South Burlington Land Records. 5. Pursuant to Section 15.17 of the Land Development Regulations, the applicant must submit a Certificate of Title showing the ownership of all property and easements to be dedicated or acquired by the City to be approved by the City Attorney prior to recording the mylars. 6. 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. 7. The applicant must submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 8. The final plat plan (Subdivision Plat) must be recorded in the land records within 180 days or this approval is null and void. The plan must be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant must submit a copy of the survey plat in digital Q format. The format of the digital information will require approval of the South Burlington GIS Coordinator. Mark Behr Yea Nay Abstain Matt Cota Yea Nay Abstain Frank Kochman Yea Nay Abstain Bill Miller Yea Nay Abstain David Parsons Yea Nay Abstain Jennifer Smith Yea Nay Abstain John Wilking Yea Nay Abstain Motion carried by a vote of 5— 0 — 0. Signed this 22nd day of March 2017, by Bill Miller, Chair Not Present Not Present Not Present Not Present Not Present Not Present Not Present Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. 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. 4