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:
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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.
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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.
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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.
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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.
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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
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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.
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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