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HomeMy WebLinkAboutSP-17-52 - Decision - 0155 Market StreetSP-17-52 Findings of Fact and Decision POON TRUST LLC— 5 MARKET STREET SITE PLAN APPLICATION #SP-17-52 FINDINGS OF FACT AND DECISION Site plan application #SP-17-52 of Poon Trust, LLC to amend a previously approved plan for a 9,600 sq. ft. nightclub. The amendment consists converting approximately 3,000 sq. ft. to five (5) dwelling units, and 2) designating the remaining space as "unknown" use, 5 Market Street. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT & CONCLUSIONS OF LAW 1. The applicant, Thomas Poon, seeks site plan approval to amend a previously approved plan for a 9,600 sq. ft. nightclub. The amendment consists converting approximately 3,000 sq. ft. to five (5) dwelling units, and 2) designating the remaining space as "unknown" use, 5 Market Street. 2. The owner of record of the subject property is Poon Trust, LLC. 3. The subject property is located in the City Center Form Based Codes Transect 5 (T5) and Transect 4 (T4) Districts. The subject building is located entirely within the T4 District. 4. The application was received on June 21, 2017. 5. The plan submitted consists of a four (4) page set of plans and supplemental information, including: • Survey Plat Sheet B-1, prepared by Summit Engineering Inc., dated 09/04/2012, and labelled "Survey Plat 5 Market Street South Burlington, VT". • Landscaping Plan, prepared by JRMA Design Studio with Coordination from Gardner Supply, labelled 5 Market Street Landscaping Plan, dated 08-2017 • Floor Plan Sheet A-1, prepared by JRMA Design Studio LLP, labelled 5 Market Street Apartments, dated 07-20-2017 • Elevations Sheet A-4, prepared by JRMA Design Studio LLP, labelled 5 Market Street Apartments, dated 07-20-2017, last revised 8-20-2017 • Application forms and supporting materials, as follows: ■ Application for Site Plan Review, submitted by Thomas Poon, dated June 21, 2017 ■ Project Summary, Prepared by JRMA Design Studio, ■ Completed T-4 Building Envelope Standards Checklist & Self Evaluation ■ Landscape plan letter from Gardner's Supply dated August 24, 2017 ■ Interior bicycle storage specification from Highland Products Group, LLC ■ Exterior Lighting Cut Sheet, Elgo Riga 6. Process Elements: • The Administrative Officer deemed the application complete on September 6, 2017. 7. Review Criteria: South ? I .K 11, 5:',1 1 a .`. PLANNING & ZONING SP-17-52 Findings of Fact and Decision 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. 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 facade located entirely within a Build -to -Zone. Not applicable; the building is pre-existing. 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. Not applicable; the building is pre-existing. (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. Not applicable; the building is pre-existing. (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 property is located adjacent to planned streets and is accessed via a driveway in the location of the planned street on the east side of the property. No modifications are proposed which would trigger a requirement to upgrade the streets or street elements. C. Primary and Secondary Streets. PLANNING & ZONING SP-17-52 Findings of Fact and Decision Market Street and the planned roadway on the east side of the property are both Primary Streets. D. Primary and Secondary Building Facade determination. The primary building fagade faces Market Street; the secondary building fagade faces the planned street to the east. 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 through C. Not applicable. D. Access to Off Street Parking. Off-street parking is accessed via the planned street to the east of the property. Section 8.06 Special Standards Not applicable. Section 8.07 Prohibited Materials No prohibited materials have been proposed. Section 8.08 Open Space Requirements The building is pre-existing and no expansions have been proposed. See also below under non - conformities Section 8.09 Uses Allowed and Changes of Use. No prohibited uses have been proposed. Section 8.11 Nonconformities C. Nonconforming Structures (1) Authority to Continue. Nonconforming structures may be continued provided conditions in this Section are met. (2) Repair and Alterations. Repair and alterations may be performed on any nonconforming structure, provided they comply with the Code and with the following: (a) When the total area of alterations to the primary building facade, or to the building facade that is parallel to and oriented to the street, exceeds 35% of the total areas of such building facade, the alterations shall comply with the Building Standards described in the BES applicable to the Transect Zone (excluding build -to -zone and story requirements). For the purposes of this subsection, window and window casing replacement, painting, adding or removal of siding, and other similar changes shall not be considered alterations. For multitenant buildings, the standard shall apply separately for each tenant area where that tenant gross floor area exceeds 10,000 square feet. south PLANNING & ZONING SP-17-52 Findings of Fact and Decision The applicant is proposing alterations to a facade facing a planned street that exceeds 35% of its total area. This eastern fagade, therefore, is subject to full compliance with the T4 Building Envelope Standards for a Secondary Fagade. See attached checklist. (b) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing wall / pillar The proposed project does not involve changes that exceed this threshold. F. Open Space (2) Where any of the following apply, the applicant shall be required to obtain approval from the Development Review Board or Administrative Officer for the identification of approvable open space prior to any Land Development: (a) A proposed addition to a non -conforming building exceeds 5,000 square feet GFA; (b) Lot coverage is proposed to increase by at least 1,000 square feet or 1% of the lot area, whichever is greater; or (c) A portion of a lot developed with one or more building is proposed to be subdivided. The proposed project does not exceed any of the above -listed thresholds. Section 8.13 T-4 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." The Administrative Officer finds this criterion to be 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. A walkway has been proposed connecting the principal facade of the building to the planned street, which has a pre-existing sidewalk. The Administrative Officer finds this criterion to be met. south'-, PLANNING & ZONING SP-17-52 Findings of Fact and Decision (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. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (iv) The lot contains one or more existing buildings that are to be re -used and parking needs cannot be accommodated to the rear and sides of the existing building(s); The building and parking are pre-existing and no changes are proposed. The Administrative Officer finds this criterion to be met. (3) The height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. The building is pre-existing and no changes to the height or scale or proposed. 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. The building is proposed to be re -sided on the north and east facades. Materials are consistent with the requirements of these Regulations. (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. The building is pre-existing. Section 14.07 Specific Review Standards A, B, and G through E. Not applicable. 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. The property has an existing dumpster area to be used for the building. D. landscaping and Screening Requirements. See Article 13, Section 13.06 landscaping, Screening, and Street Trees. s PLANNING & ZONING SP-17-52 1 1 Findings of Fact and Decision The project consists of interior renovations and minor site modifications. No new landscaping is required. In reviewing the application, however, the Administrative Officer found that the existing conditions do not match the approved site plan in terms of species and, further, that trees are missing from four of the six islands located with the parking area to the north of the building. The applicant has proposed to add two (2) Heritage River Birch trees to each of these four (4) islands. The value of the proposed improvements is $2,910 which shall be bonded. The Administrative Officer finds the updated landscape plan, which indicates the location of existing trees and the addition of eight White Birch trees, to comply with the regulations. The River Birch trees shall be of a minimum 2" in caliper. Snow storage areas are indicated on the Landscaping Plan. OTHER Section 13.07 Exterior Liehti The proposed project complies with the lighting standards. Section 13.14 Bicycle Parking and Storage B. Short Term Bicycle Parking The 10,000 square foot building requires a minimum of four (4) short-term bicycle parking spaces. The applicant has proposed four short-term bicycle parking spaces in inverted "U" racks. C. Long Term Bicycle Storage The applicant is proposing five (5) new residential units. Space for secure indoor bicycle storage is provided within each unit. Section 18.01 Inclusionary Zoning The applicant is proposing five (5) residential units; this is below the threshold for the inclusionary zoning requirements. 5 L i i i ,,n ' g t oa 6 PLANNING & ZONING SP-17-52 Findings of Fact and Decision Table 1: BUILDING ENVELOPE STANDARDS Building Requirements Applicant Self Criteria Satisfied T-4 BES (South Burlington Land Development Evaluation Secondary Primary Secondary Primary Secondary Regulations, 8.13) Primary Facade Facade Fa4ade Fa4ade Fa4ade Fa4ade (B) Lot Standards (1) Lot Dimensions (a) Lot size None (b) Lot Width None (2) Lot Occupation (a) Percentage of Lot Coverage None (b) Units per acre None (C) Building Standards (1) Building Types (a) All Types Permitted (2) Building Stories (a) Principal 2 Min., 4 Max. 1, pre-exist n/a (b) Accessory 1 Max. n/a (3) Floor -to -Floor Height (a) First story 24' Max. pre-exist n/a (b) Upper Stories 14' Max n/a n/a (4) Build -to -Zone (a) Primary Build -to -Zone 0' Min., 12' 0' Min., 18' pre - Max. Max. exist pre-exist n/a n/a (b) Secondary Build -to -Zone 0' Min., 24' 0'. Min., 36' pre - Max. Max. exist pre-exist n/a n/a (5) Frontage (a) Frontage Buildout, Primary Streets 70% Min. 70% Min. pre - (Note 1) exist pre-exist n/a n/a (b) Frontage Buildout, Secondary Streets 70% Min. within 70% Min. pre- pre-exist n/a n/a 80' of Primary within 80' of exist Street, 50% Primary Min. elsewhere Street, 50% Min. elsewhere (Note 1) (b) Percentage of Frontage Buildout 75% Min. 100% Max. pre- pre-exist n/a n/a within the Primary Build -to -Zone exist (c) Percentage of Frontage Buildout 0% Min., 25% 100% Max. pre- pre-exist n/a n/a within the Secondary Build -to -Zone Max. exist Table 1 continued on next page o thbur . . PLANNING & ZDNING SP-17-52 Findings of Fact and Decision Table 1: BUILDING ENVELOPE STANDARDS (continued) Applicant Self Building Requirements Evaluation Criteria Satisfied T-4 BES (South Burlington Land Development Secondary Primary Secondary Primary Secondary Regulations, 8.13) Primary Facade Fapade Facade Facade Facade Facade If changes to 35% or greater of fapade area are proposed, the following standards apply Is greater than 35% fa4ade area proposed to be changed? (yes/no) no yes (6) Entrances (a) Average frequency of Public 36' Max. 54' Max. pre- n/a n/a n/a Entrances, non-residential first story exist use (b) Maximum distance between Public 46' Max. 72' Max. pre- n/a n/a n/a Entrances, non-residential first story exist use (c) Average Frequency of Operable 36' Max. 54' Max. n/a 18' n/a d Entrances, residential first story use (d) Maximum distance between 46' Max. 72' Max. n/a 24' n/a d Operable Entrances, residential first story use (7) Glazing (a) First Story Min. 40% of the Min. 20% of pre- 20% n/a Width of the the Width of exist Building, and the Building, Min. 7.5' in and Min 7.5' Height in Height (b) First Story, percent of glazing 75% Min. 75% Min. pre- > 75% n/a V required to be transparent exist (c) Upper Stories See Note 2 n/a n/a n/a n/a (d) Upper Stories, percent of glazing See Note 2 n/a n/a n/a n/a required to be transparent (8) Building Breaks (a) Building Horizontal Facade Min. 3 every pre- 5 in 85' X d Min. 3 every 80' 80' exist (b) Single Span of Horizontal Facade pre- < 48' X d Without a Break 48' Max. 48' Max. exist (9) Supplemental Building Standards (a) Awnings, Stoops, Vestibules Encouraged - n/a n/a The following standards apply to All Projects (D) Block and Street Standards (1) - (4) n/a n/a Table 1 continued on next page southburfinoton. PLANNING & ZONING SP-17-52 Findings of Fact and Decision Table 1: BUILDING ENVELOPE STANDARDS (continued) T-4 BES (South Burlington Land Development Building Requirements Applicant Self Evaluation Criteria Satisfied Primary Secondary Primary Secondary Primary Secondary Regulations, 8.13) Facade Fapade Facade Facade Fapade Fapade (E ) Parking Standards (1) Parking Amount Requirements (a) Per Residential Unit 2 spaces Max. pre-exist V (b) Per 1,000 gross s.f. Non -Residential 2 spaces Min. pre-exist d (2) Location & Screening (a) New construction resulting in additional non-residential gross floor area pre-exist n/a or residential units shall meet T-4 Parking Standards (b) New surface parking shall be set back from the primary street a minimum pre-exist n/a of 25' (c) Parking spaces may be leased from the city or a private landowner n/a n/a (d) New parking spaces shall be screened from all streets and the public pre-exist n/a realm, a minimum of four (4) feet in height (e n/a Parking under structures is encouraged (f) pre-exist n/a Parking shall only be permitted in compliance with applicable BES standards for building frontage (g) No parking spaces required for ground floor tenants/ uses less than 5,000 pre-exist n/a sq. ft. (3) Off -Site Parking n/a n/a (a) Off -site ,parking within 600' may be used to meet parking requirements for n/a n/a Residentialuses. (b) Off -site parking within 1200' may be used to meet parking requirements for n/a n/a non -Residential uses. (c) Shared parking may be used to meet parking requirements (See Article 13). n/a n/a (F) Supplemental District Standards (1) - (3) n/a n/a (G) Streetscape Standards (1) - (2) n/a n/a Notes (1) - (2) n/a n/a DECISION Based on the above Findings of Fact, the Administrative Officer herby approves site plan application #SP-17-52 of Poon Trust, LLC, 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 must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 3. The applicant must receive final water and wastewater allocation prior to issuance of a zoning PLANNING & ZONING SP-17-52 Findings of Fact and Decision permit. 4. The applicant will be responsible to regularly maintain all stormwater treatment and conveyance structures on -site. 5. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 6. The applicant must obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 7. 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. 8. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the building. 9. Prior to permit issuance, the applicant must post a $2,910 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. 10. Any change to the approved plan will require approval by the South Burlington Development Review Board or the Administrative Officer. S� Signed on this day of , 2017 by 4 R mond J. Belair, Ad strative Officer 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. PLANNING & ZONING