HomeMy WebLinkAboutSD-18-13 - Decision - 0310 Market Street#SD-18-13
Findings of Fact and Decision
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SNYDER-BRAVERMAN DEVELOPMENT CO., LLC
310 MARKET STREET
PRELIMINARY AND FINAL PLAT APPLICATION #SD-18-13
FINDINGS OF FACT AND DECISION
Preliminary and final plat application #SD-18-13 of Snyder -Braverman Development Co., LLC to
subdivide a 5.53 acre parcel into five (5) lots, ranging in size from 0.57 acres to 2.10 acres, and to adjust
the boundary between a previously -conveyed 0.62 acre right of way easement to the City of South
Burlington and a sixth 4.20 acre lot for the purpose of conformance with the Official Map, 310 Market
Street.
The Development Review Board held a public hearing on Tuesday May 15, 2018. Ken Braverman
represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and supporting
materials contained in the document file for this application, the Development Review Board finds,
concludes, and decides the following:
FINDINGS OF FACT
1. The Project consists of subdividing a parcel into 5 lots, and adjusting a boundary line between a
previously -conveyed right of way easement and a pre-existing sixth lot.
2. The owner of record of the subject properties is South Burlington City Center, LLC.
3. The application was received on April 12, 2018.
4. The subject property is located in the Form Based Code District Transect Zone 4 and Transect
Zone 3.
5. The plans submitted consist of a three (3) pages, including the following sheets.
PL-1 SUBDIVISION AND BOUNDARY LINE ADJUSTMENT PLAT 4/4/2018
PL-2 SUBDIVISION AND BOUNDARY LINE ADJUSTMENT PLAT 4/4/2018
1 SITE PLAN DRAFT 03-30-18 3/30/2018
6. The Sketch Plan application (#SD-18-13) for this project was heard by the Board on March 6,
2018.
Dimensional Standards:
A) Article 9 of the South Burlington Land Development Regulations stablishes the following general
review standards for all site plan applications located within the Southeast Quadrant.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
There are no minimum lot dimensions within the T4 district. The lot width for building lots within the T3
district must be between 70 feet and 120 feet to drive the development of buildings to be a size consistent
with the downtown character of the City Center district. Proposed Lot G is located within the T3 district
and is 269 feet wide, but is not a building lot; it will be used for stormwater facilities. Staff has no concerns
with the proposed lot width for Lot G.
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Findings of Fact and Decision
S.04 Blocks, Streets and Alleys
A. General Standards
(1) Purpose. To implement the goals of the Comprehensive Plan and purposes of the City Center
FBC District, including transportation, economic development, creation of an active, pedestrian -
friendly environment, and to implement the intent of block standards identified within the
Building Envelope Standards of each Transect Zone.
The Board finds that the proposed subdivision to create four development lots and two lots for
centralized stormwater management practices meets the goals of the district, as discussed below
under Subdivision Standard #8.
(2) Construction of Streets
The Board finds that the following conditions pertaining to phasing of Garden Street shall be
applied.
1. The portion of Garden Street from Market Street to Lot CID shared drive including all
elements of the approved cross section from inside of the west curb to the east property line
along the frontage of Lot C and a temporary gravel path from the Lot CID shared drive to the
north property boundary of Lot D shall be constructed prior to issuance of the Certificate of
Occupancy (CO) for the building on Lot C.
2. The remaining portion of Garden Street from the Lot CID shared drive to the north property
boundary of Lot D including all elements of the approved cross section from inside of the
west curb to the east property line along the frontage of Lot D shall be reviewed as part of
Lot D Site Plan approval and completed prior to issuance of the CO for the building on Lot D.
If City completes construction of Midas Drive connection to property line from the north,
construction to be completed no later than at the some time.
3. If Lot B is subdivided into 2 development lots with frontage on Garden Street, review of each
segment of the remaining portion of the approved cross section from the west curb to the
west property line along the Garden Street frontage of Lot B must be included in the Site
Plan approval for each subdivided lot with frontage on Garden Street. Construction of each
segment must be completed prior to issuance of the CO for the adjacent building.
a. If one of the lots subdivided from Lot B is developed, the remainder of the approved
cross section fronting on the undeveloped lot must be constructed within 2 years of
CO issuance of the first lot unless there is a pending or approved site plan application
for the undeveloped lot. This is to prevent a 'leftover" segment from lingering.
b. If Lot B is subdivided into more than 2 lots, this condition shall be reviewed to
determine which lot triggers the 2-year timeline. This would depend on the
distribution of the lots.
a. If Lot B is developed without being subdivided, the entire sidewalk along Garden
north of Market would be approved as part of the Lot B site plan approval and
required to be complete prior to CO approval for Lot B
(3) — (4) N/A
(5) Connectivity. All existing or proposed streets shall connect directly at each end to another
existing public street, or planned or proposed street listed as a qualifying street type in the
applicable BES. This requirement, however, shall not apply to the planned street extending
north from Barrett Street depicted on the City Center Form Based Code Primary & Secondary
Street & Block Standard applicability map.
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The applicant has provided a draft site plan for the purpose of showing the configuration of
Garden Street within the subdivided ROW. The Board finds this criterion met.
(6) N/A
B. Location of blocks and streets.
(1) Applicability of block lengths and perimeters.
The subject property is exempt from block lengths and perimeter standards
(2) Public Facilities on the Official Map: Where a planned street or any other planned public
feature, facility, or improvement is shown on a parcel or lot on the Official Map, the owner of
such parcel or lot shall provide an irrevocable offer of dedication of such planned street or
planned public feature, facility for improvement to the City at the time of an application for land
development on such parcel or lot. In the event that the applicant proposes a private street, a
plan clearly depicting the area of such street shall be recorded in the land records prior to the
issuance of any zoning permit. The following additional standards shall apply in either instance:
(a) Where applicable, the applicant shall construct such street in accordance with the
requirements of these Regulations;
(b) N/A
(c) Where the City identifies a specific Street Type on the Official Map, such street shall
comply with the standards for that street type in Article 11;
(d) — (e) N/A
The applicant is proposing to construct the portion of Garden Street in accordance with the
approved Garden Street cross section. An offer of dedication must be made priorto recording
the final plat plan. The Board finds this criterion met.
C. — E. N/A
F. Alleys. Alleys are encouraged in the City Center Form Based Code (FBC) District to minimize curb
cuts and to provide access to parking and service areas behind buildings. Alley locations and
dimensions are not fixed but shall be designed to accommodate the alley's purpose.
No alleys are proposed. Applicant is proposing one curb cut to serve both Lots C and D which will
comply with 8.13(D)(4). The Board finds this criterion met.
11.02C Street Type Standards
(1) Street, streetscape and any other construction or improvements along or within the existing or
proposed right-of-way for Market Street, Garden Street and Midas Drive and for the Williston
Road intersections of Midas Street/White Street and Patchen Road/Hinesburg Road shall
conform to engineered plans developed by the City and as modified by the Director of Public
Works.
The proposed Garden Street cross section conforms to the cross section approved by City Council.
The Board finds this criterion met. The provided plat plans refer to the proposed Garden Street right
of way as 60-feet wide, even though the correct width of 64-feet is provided.
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A) ARTICLE 13 SUPPLEMENTAL REGULATIONS
13.06 Landscaping, Screening and Street Trees
13.14 Bicycle Parking & Storage
13.17 Fences
13.18 Utility Cabinets
The applicant has provided a draft site plan for the purposes of showing the proposed configuration for
Garden Street and how the development on Lots C and D is proposed to be generally configured. The
Board finds that the applicable standards of Article 13 will be reviewed as part of the site plan application
for the Form Based Code district.
B) 15.18 CRITERIA FOR REVIEW OF PUDS, SUBVIDISIONS, TRANSECT ZONE SUBDIVISIONS AND MASTER
PLANS
Standards (1), (2), (6), and (7) pertain specifically to site design and are not applicable for review of
this subdivision.
(3) The project incorporates access, circulation and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely
on the findings of a traffic study submitted by the applicant, and the findings of any
technical review by City staff or consultants.
The applicant is proposing a 64-foot right of way to be subject to an irrevocable offer of
dedication to the City of South Burlington for the purposes of a future public street. The
construction of the public street will be completed by the applicant prior to the City's
acceptance, and the phasing of such construction is discussed above.
The applicant is proposing a 4S-foot wide shared access easement for the purposes of
providing primary vehicular access to proposed Lots C and D. The Board finds this criterion
met.
(4) The project's design respects and will provide suitable protection to wetlands, streams,
wildlife habitat as identified in the Open Space Strategy, and any unique natural features
on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these
Regulations related to wetlands and stream buffers, and may seek comment from the
Natural Resources Committee with respect to the project-s impact on natural resources.
At this time, the applicant is not proposing any development for the subdivided parcels. The
applicant has indicated that in the future, their intent is to develop Lots C, D and F with
buildings. Lots E and G will be the location of future stormwater facilities. Lot B is involved in
this application due to the ROW adjustment, and plans for its future development are
unknown at this time. The Board approved a conditional use application (#CU-18-01) for the
proposed wetland impacts of the overall development. The Board finds this proposed
subdivision consistent with that application and considers this criterion met.
(5) The project is designed to be visually compatible with the planned development patterns in
the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in
which it is located. For Transect Zone subdivisions, this standard shall apply only to the
South
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location of lot lines, streets and street types, and natural resources identified in Article Xll
of these Regulations.
The Board finds the proposed transect zone subdivision creates lots which facilitate the type
of dense development prioritized for the Form Based Code district.
(6) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and
lighting have been designed in a manner that is compatible with the extension of such
services and infrastructure to adjacent properties. For Transect Zone subdivisions, this
standard shall only apply to the location and type of roads, recreation paths, and sidewalks.
The Board finds the proposed road type and configuration compatible with the official map.
(7) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards, absent a specific
agreement with the applicant related to maintenance that has been approved by the City
Council. For Transect Zone subdivisions, this standard shall only apply to the location and
type of roads, recreation paths, and sidewalks.
As discussed pertaining to Section 8.04 above, the proposed roadway location is compatible
with the official map and the cross section is consistent with the approved cross section for
Garden Street.
(8) The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The Project is located in the Central District. The objectives of the central district pertain to
creation of a City Center with a strong identity and mix of uses, including residential and non-
residential uses, open spaces areas, and centralized stormwater management features.
Emphasis is given to promotion of interconnectivity which will result in minimizing parking
demand. The Board finds this criterion met.
(9) The project's design incorporates strategies that minimize site disturbance and integrate
structures, landscaping, natural hydrologic functions, and other techniques to generate less
runoff from developed land and to infiltrate rainfall into underlying soils and groundwater
as close as possible to where it hits the ground. For Transect Zone subdivisions, this standard
shall apply only to the location of natural resources identified in Article XII of these
Regulations.
The Board approved a conditional use application (#CU-18-01) for the proposed wetland
impacts for the overall development. The applicant is proposing to lay out the lots in such a
way as the lots reserved for stormwater treatment are the lots containing the majority of the
wetland areas. The Board finds this criterion met.
DECISION
Motion by John Wilking seconded by Jennifer Smith to approve Preliminary and Final Plat Application
#SD-18-13 of Snyder -Braverman Development Co., LLC, subject to the following stipulations:
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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 plans must be revised to show the changes below and shall require approval of the
Administrative Officer. Three (3) complete copies of the approved revised plan set and one
electronic copy must be submitted to the Administrative Officer prior to recording the final plat
plan.
a. Update the provided plat plan to reflect a 64-foot width for the proposed right of way.
4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
S. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of
the South Burlington Land Development Regulations. In addition, the grading plan must meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
6. Any changes to the final plat plan will require approval of the South Burlington Development Review
Board.
7. The final plat plans (Sheets PL-1 and PL-2) must be recorded in the land records within 180 days or
this approval is null and void. The plats shall be signed by the Board Chair or Clerk prior to recording.
8. A digital PDF version of the full set of approved final plat must be delivered to the Administrative
Officer before recording the final plat plan.
9. A digital file consisting of an ArcGIS or AutoCAD formatted file of the proposed subdivision, including
property lines, easements, and rights of way, either georeferenced or shown in relation to four
easily identifiable fixed points such as manholes, utility poles or hydrants, must be provided to the
Administrative Officer before recording the final plat plan. The format of the digital information shall
require approval of the South Burlington GIS Coordinator.
10. The mylars must be recorded prior to zoning permit issuance.
11. All roads shall comply with Fire Department apparatus turning radii (includes mutual aid apparatus).
12. Parking of construction vehicles will be restricted to one side of the road to maintain Fire
Department access during construction.
13. Prior to recording the final plat plans, all appropriate legal documents including easements (e.g.
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.
14. 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 final plat plans.
so-ti th?
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15. In accordance with Section 15.14(E) (2) of the Land Development Regulations, within 14 days of the
completion of the public facilities and improvements, the developer must submit to the City
Engineer "as -built" construction drawings certified by a licensed engineer.
16. The proposed phasing of Garden Street construction must be as follows.
1. The portion of Garden Street from Market Street to Lot C/D shared drive including all elements
of the approved cross section from inside of the west curb to the east property line along the
frontage of Lot C and a temporary gravel path from the Lot C/D shared drive to the north
property boundary of Lot D shall be constructed prior to issuance of the Certificate of
Occupancy (CO) for the building on Lot C.
2. The remaining portion of Garden Street from the Lot C/D shared drive to the north property
boundary of Lot D including all elements of the approved cross section from inside of the west
curb to the east property line along the frontage of Lot D shall be reviewed as part of Lot D Site
Plan approval and completed prior to issuance of the CO for the building on Lot D. If City
completes construction of Midas Drive connection to property line from the north, construction
to be completed no later than at the same time.
3. If Lot B is subdivided into 2 development lots with frontage on Garden Street, review of each
segment of the remaining portion of the approved cross section from the west curb to the west
property line along the Garden Street frontage of Lot B must be included in the Site Plan
approval for each subdivided lot with frontage on Garden Street. Construction of each segment
must be completed prior to issuance of the CO for the adjacent building.
a. If one of the lots subdivided from Lot B is developed, the remainder of the approved
cross section fronting on the undeveloped lot must be constructed within 2 years of CO
issuance of the first lot unless there is a pending or approved site plan application for
the undeveloped lot. This is to prevent a "leftover" segment from lingering.
b. If Lot B is subdivided into more than 2 lots, this condition shall be reviewed to
determine which lot triggers the 2-year timeline. This would depend on the distribution
of the lots.
c. If Lot B is developed without being subdivided, the entire sidewalk along Garden north
of Market would be approved as part of the Lot B site plan approval and required to be
complete prior to CO approval for Lot B
17. Section 15.15A of the Land Development Regulations addresses Performance Bonds, Escrow
Accounts and Letters of Credits for Public Facilities and Improvements. Prior to start of the
improvements described in #16 above, the applicant shall post a landscape bond for the street
trees, which shall remain in effect for three (3) years. The amount of the bond will be determined as
part of Site Plan review related to subsequent application(s).
18. Prior to start of construction of the improvements described in condition #16 above, the applicant
shall post a bond which covers the cost of said improvements plus 15% contingency, the amount of
which must be approved by the City Engineer as part of Site Plan review related to subsequent
application(s).
19. Street trees must be in place along the street prior to adding the final layer of the pavement.
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Mark Behr
Yea
Nay
Abstain
Matt Cota
Yea
Nay
Abstain
Frank Kochman
Yea
Nay
Abstain
Bill Miller
Yea
Nay
Abstain
Jennifer Smith
Yea
Nay
Abstain
Brian Sullivan
Yea
Nay
Abstain
John Wilking
Yea
Nay
Abstain
Motion carried by a vote of 5 — 0 — 0
Signed this 8thday of June 2018, by
Bill Miller, Chair
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Findings of Fact and Decision
Not Present
Nnt D--4-
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 with the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must 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-
951-1740 or https://www.vermontjudiciary.org/environmental
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.
southbur
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