HomeMy WebLinkAboutSP-18-18 - Supplemental - 0310 Market Streetl
gravel &
s he a ATTORNEYS AT LAW
A PROFESSIONAL CORPORATION
76 St. Paul Street
P.O. Box 369
Burlington, Vermont 05402-0369
Telephone 802.658.0220
Facsimile 802.658.1456
www.gravelshea.com
September 13, 2018
City of South Burlington
575 Dorset Street
South Burlington, 05403
Report on Title to Real Property
Ladies and Gentlemen:
This is to certify that we have examined the records identified below and made certain inquiries as
described below with respect to the record title to the real property known as being located at Garden
Street, South Burlington, Vermont and described on Exhibit A attached hereto (the "PropertX") in
preparing this Report on Title to Real Property (this "Report"). The examination was conducted at the
request of City of South Burlington as a condition to the South Burlington Development Review Board (the
"Board") approval of sketch plan application #SD-18-08 for: (1) the subdivision of a 5.52 acre parcel of
land located northeast of Market Street in South Burlington, Vermont into five (5) lots (the "Subdivided
Land"); and (2) a proposed boundary adjustment between the Subdivided Land and the Property
(collectively, the "Project").
In preparing this Report we have:
Examined the land records which are maintained by the City of South Burlington as
indexed in the General Index as required by 24 V.S.A. §§ 1153-1154, 1161 and 1163 and
as made available to the public (the "Land Records") with respect to the chain of title to
and encumbrances on the Property.
2. Made inquiry of the Zoning Enforcement Officer of the City of South Burlington (the
"Zoning Administrator") and reviewed the contents of the files provided to us by the
Zoning Administrator in response to our inquiry with respect to the Property (the
"Municipal Records"), but only with respect to the following limited matters which may
be disclosed in the Municipal Records (`Municipal Zoning Matters"):
(a) The dates of the adoption of zoning ordinances applicable to the Property.
(b) The requirement, if any, that a zoning permit, building permit, or certificate of
occupancy be issued under the zoning ordinances which were disclosed to us
pursuant to such inquiry with respect to the Property.
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City of South Burlington
September 13, 2018
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(c) Whether any notices of violation with respect to the Property had been issued and
were not resolved on the date of our inquiry.
Reviewed the Land Records for evidence during the Period of the Search that the Property
was a part of a "subdivision," as that term is defined in §5-902 of the Vermont Health
Regulations or in Section 3.02 of the Environmental Protection Rules or as defined in 10
V.S.A. Chap. 64 and the regulations adopted pursuant to such statute, which required the
issuance of a State Subdivision Permit and/or was required to have a Public Building
Permit or Water Supply and Wastewater Disposal Permit on account of construction of
improvements on the Property during the period when such regulatory schemes were in
effect. Upon discovery of evidence that one or more of such permits were required, we
have made inquiry of and, to the extent available, examined the records as indexed in the
office of the Regional Engineer, Agency of Natural Resources Essex Junction Regional
Office or applicable municipal records in the event of a delegation of authority to the
municipality (the "Regional Engineers' Records") with respect to the following limited
matters affecting the Property:
(a) Whether the Property is now or was required to have a State Subdivision Permit
under the former regulations adopted pursuant to 18 V.S.A. § 1218 (repealed 2002)
(the "State Subdivision Regulations").
(b) Whether the Property is now or was required to have a Public Building Permit
under the former regulations adopted pursuant to 18 V.S.A. § 1302 and § 1305
(repealed 1987) (the "Public Building Regulations").
(c) Whether the Property is now or was required to have a Water Supply and
Wastewater Disposal Permit under the former regulations adopted pursuant to 10
V.S.A. Chap. 61 (repealed 2002) (the "Water Supply and Wastewater
Regulations").
(d) Whether the property is now or was required to have a Potable Water Supply and
Wastewater System Permit under the regulations adopted pursuant to 10 V.S.A.
Chap. 64 (adopted 2002) (the "Potable Water Supply and Wastewater System
Regulations").
(e) If a permit was required under any of the foregoing, then whether such permit was
issued and, if issued, whether the terms of the permit required written certifications
or other documents to be filed with the Regional Engineers' office or the
municipality.
(f) Whether there are notices of violations in the Regional Engineers' Records.
4. Reviewed the Land Records and the files maintained by the District Environmental Office
{ (the "District Environmental Office File") for evidence during the Period of the Search that
l the Property is a part of a "development," as that term is defined in 10 V,S.A. § 6001(3),
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City of South Burlington
September 13, 2018
Page 3
or a "subdivision," as that term is defined in 10 V.S.A. §6001(19), subject to the
limitation expressed below with respect to development activities outside the boundaries
of the town or city where the Land Records are maintained and development activities by
any "person," as that term is defined in 10 V.S.A. § 6001(14), other than the specific
persons whose names appear in the chain of title after 1968, with respect to the following
limited matters:
(a) Whether the Property is now or was required to have a permit pursuant to 10 V.S.A.
Chap. 151 (State Land Use and Development Law) ("Act 250").
(b) If an Act 250 permit was required, whether such Act 250 permit was issued.
(c) If an Act 250 permit was issued, whether the terms of the permit required written
certifications or other documents to be filed with the District Commission.
(d) Whether there are notices of violations in the District Environmental Office File.
In preparing this Report we have assumed that the information provided to us by each person of
whom we made inquiry was correct and complete at the time it was given to us and did not omit any matter
of which such person knew or should have known about from information in the records in such person's
control at the time of our inquiry. We have not conducted any separate inspection of the Property nor any
review of any records other than the records identified in this Report.
This Report is addressed solely to matters affecting record title to the Property. In providing it, we
have assumed that at the time of our examination of title, all documents theretofore delivered to the
municipal clerk had been correctly and completely indexed, and that all oral statements made to us by
governmental officials with respect to the status and content of public records were correct and complete.
We also have assumed, without independent verification, the genuineness of all signatures, the due
authorization of all recorded documents and instruments affecting record title to the Property, and the
enforceability of all such documents and instruments in accordance with their terms.
Based upon the foregoing, and in reliance thereon, and subject to the exceptions and limitations set
forth below, we hereby report the following:
Owners of Record. Marketable title to the Property under Subchapter 7 of Chapter 5 of
Title 27 of the Vermont Statutes Annotated, subject only to the mortgages, encumbrances,
permits and liens described below is vested in South Burlington City Center, LLC.
The Property is a portion of the land and premises conveyed to South Burlington City
Center, LLC by Quit Claim Deed of Randall G. Munson d/b/a South Burlington Realty
Company dated January 30, 2009 and recorded in Volume 853 at Page 222 of the City of
South Burlington Land Records.
f Being a strip of land for public roadway and related utility purposes over an unimproved
strip of land, being a sixty foot wide (60') strip with wider tapered curbs depicted as
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City of South Burlington
September 13, 2018
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"Garden Street (Future)" as shown on a plat entitled: "Subdivision and Boundary Line
Adjustment Plat, Lands of South Burlington City Center, LLC, Market Street, South
Burlington, VT," prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated
October 14, 2016, last revised April 4, 2018, Sheet PL-1 and to be recorded in Map Slide
of the City of South Burlington Land Records (the "Plat").
2. Encumbrances Disclosed by the Land Records. The Property is not subject to
encumbrances or liens of record in the Land Records during the Period of the Search (as
defined below), except as follows:
(a) Utility easement granted by South Burlington Realty Corporation to Green
Mountain Power Corporation by Deed dated June 22, 1984 and recorded in
Volume 207 at Page 510 of the City of South Burlington Land Records.
(b) Corporate Way Development Agreement between Randall G. Munson d/b/a South
Burlington Realty Company and the City of South Burlington dated July 26, 1989
and recorded in Volume 281 at Page 550 of the City of South Burlington Land
Records. This Agreement terminated on July 1, 1999.
(c) Irrevocable Offer of Dedication from South Burlington Realty Corp. to the City of
South Burlington dated November 17, 1981 and recorded in Volume 176 at Page
494 of the City of South Burlington Land Records (the "1981 IOD"), being Parcel
1 (the "Parcel 1 Roadway") depicted on a plan entitled: "Corporate Circle, South
Burlington, Vermont, South Burlington Realty Corp., Site Plan," prepared by
Webster -Martin, Inc. dated September 1981 and recorded in Map Volume 173 at
Page 44 (Map Slide 154) of the City of South Burlington Land Records (the
"Corporate Way Plan"). The 1981 IOD was never accepted by the City of South
Burlington. The Parcel I Roadway is being reconfigured as part of the Project and
is now called '`Garden Street"' as shown on the Plat. As such, the 1981 IOD should
be terminated, and a new Irrevocable Offer of Dedication should be prepared for
the dedication of the new configuration of Garden Street, as shown on the Plat.
(d) Covenant set forth in the Warranty Deed of Ver-Mada, Inc. to South Burlington
Realty Corporation dated February 13, 1976 and recorded in Volume 126 at Page
337 of the City of South Burlington Land Records that no hotel, inn or motel can
be constructed on the property identified as Parcel B on a plan entitled: "Land to
be Purchased From the McKenzie Estate by the Ver-Mada Corp" recorded in Map
Volume 80 at Page 99 (Map Slide 91.1) of the City of South Burlington Land
Records (the Property being a portion of Parcel B).
(e) All matters depicted on the Corporate Way Plan and all matters depicted on a plan
entitled: "Corporate Circle, South Burlington, Vermont, South Burlington Realty
1 "Garden Street," as shown on the Plat, is the "Property as herein defined.
gravel &
shea
ATTORNEYS AT LAW
City of South Burlington
September 13, 2018
Page 5
Corp., Property Plat," prepared by Webster -Martin, Inc. dated September 1981,
last revised May 27, 1992 and recorded in Map Volume 286 at Page 39 (Map Slide
248.1) of the City of South Burlington Land Records.
(f) Rights of the public and others legally entitled to any portion of the Property lying
within the boundaries of a stream, watercourse or protected wetland.
(g) Rights of the public and others legally entitled thereto in any portion of the
Property lying within the boundaries of a public road, way, street or alley.
(h) State and municipal permits and/or approvals set forth below in Paragraph 3.
Permit Matters. Our research disclosed the following matters:
(a) Municipal Zoning Matters. We were advised by the Zoning Administrator that
the City adopted its zoning regulations in 1947 and its subdivision regulations in
1963. As a result of our inquiry to the Zoning Administrator regarding permits
issued by the Municipality with respect to the Property, the Zoning Administrator
provided the following:
(i) City of South Burlington Planning Commission approved on November
17, 1981 the construction of the roadways depicted on the Corporate Way
Plan.
In compliance with Conditions #3 and #6 and of this approval, Randall G.
Munson d/b/a South Burlington Realty Company entered into the
Corporate Way Development Agreement with the City of South
Burlington dated July 26, 1989 and recorded in Volume 281 at Page 550
of the City of South Burlington Land Records as to the construction of
Corporate Way. This agreement further provided that South Burlington
Realty Company would grant the City of South Burlington an easement
30' in width for access to the Marcotte Central School, the easement to
terminate upon the acceptance by the City of South Burlington of a public
roadway providing access to the school property. However, Condition 47
of the Agreement provided that the Agreement terminated in its entirety
on July 1, 1999.
(ii) City of South Burlington Planning Commission approved on August 16,
1983 the creation of a 2 acre parcel for China Lite located off of the
southwesterly boundary of Corporate Way as depicted on a plan entitled:
"Corporate Circle, South Burlington, Vermont, South Burlington Realty
Corp., Site Plan," prepared by Webster -Martin, Inc. dated September 1981
last revised on August 10, 1983 and recorded in Map Volume 197 at Page
8 (Map Slide 166, Page 3) of the City of South Burlington Land Records
(the "Revised Corporate Way Plan").
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City of South Burlington
September 13, 2018
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(iii) City of South Burlington Planning Commission approved on March 3,
1992 the construction of a 49,000 square foot office building on the
southwesterly boundary of Corporate Way as depicted on a plan entitled:
Corporate Circle, South Burlington, Vermont, South Burlington Realty
Corp., Property Plat," prepared by Webster -Martin, Inc. dated September
1981, last revised May 27, 1992 and recorded in Map Volume 286 at Page
39 (Map Slide 248, Page 1) of the City of South Burlington Land Records.
The building was never constructed and the approval has expired.
(iv) City of South Burlington Development Review Board approved a
boundary line adjustment on February 17, 2015 with Black Bay Ventures
Vlll, LLC as depicted on a plat entitled: "Boundary Adjustment Plat for:
Black Bay Ventures Vlll, LLC and South Burlington City Center, Inc.,
135 & 137 Hinesburg Road, South Burlington, Vermont," prepared by
Civil Engineering Associates, Inc. dated February 3, 2014, last revised
April 1, 2015 and recorded in Map Slide 585 at Page I of the City of South
Burlington Land Records. No deeds have been recorded as of the date of
this Report to complete the boundary line adjustment.
(v) City of South Burlington Development Review Board approved on March
21, 2017 Final Plat Application No. SD-17-03, as evidenced by Findings
of Fact and Decision dated March 22, 2017, the subdivision of a 5.15 acre
parcel of land on the north side of Market Street into three lots, Lot A
comprising 28,793 square feet ("Lot A"), Lot B containing 183,180 square
feet ("Lot B") and a 12,589 square foot parcel being a 60' wide right of
way to be conveyed to the City of South Burlington as an extension of
Mary Street to connect to Market Street, as depicted on the Plat. The
approved Plat was recorded on June 12, 2017 at Map Slide 611, Page 2 of
the City of South Burlington Land Records.
(vi) City of South Burlington Permit No. SD-18-08 Application was filed with
the City of South Burlington on February 2, 2018 for the Project.
We note that any future improvements and alterations to the Property will be
subject to the City's zoning regulations. We have not performed a zoning analysis
for any future development proposal in connection with this purchase and express
no opinion as to whether such permits would be issued or the terms and conditions
that may be imposed.
We have not requested as of the date of this Report a written certification from the
Zoning Administrator that the Property is not presently in violation of the Zoning
Ordinances of the City of South Burlington.
The above description of the Municipal Zoning Matters is for informational
purposes only. We direct ,your attention to the provisions of Act 46 adopted
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City of South Burlington
September 13, 2018
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by the Vermont Legislature in May, 1999 and amended in April, 2000 (the
"Act") which provides in pertinent part that the failure to obtain or comply
with a municipal land use permit (which term is defined in the Act) does not
create an encumbrance on title and does not affect the marketability of title
to the Property. See 27 V.S.A. § 612(b). In addition, an enforcement action
for the failure to obtain a permit or for a violation of a permit condition that
occurred more than 15 more years ago is barred by the applicable statute of
limitations created under the Act. It is important to note, however, that the
failure to obtain a permit or comply with the terms of a permit is still a
violation of the applicable municipal ordinances which are enforceable by
legal proceedings (except as covered by the statute of limitations set forth
above) and may result in the imposition of fines up to One Hundred Dollars
($100.00) for each violation for each day of the continuing violation. In the
event the Property is to be sold, it is likely that a purchase and sale contract
will include a provision requiring that the Property be in compliance with
municipal and state ordinances, laws, rules and regulations regarding the use
and occupancy of the Property. If the Property does not then comply with
such ordinances, laws, rules and regulations, the proposed sale may be
delayed or may fail to close.
(b) State Subdivision Matters/Wastewater System and Potable Water Supply
Matters.
(i) Certification of Compliance No. 4CO503 was issued on January 12, 1982
for the construction of approximately 3,100 feet of road and a second road
of 500 feet to a cul-de-sac.
(ii) Certification of Compliance Amendment No. 4CO503-2 was issued on
September 19, 1983 for the creation of the 2-acre lot as depicted on the
Revised Corporate Way Plan.
(iii) State of Vermont Wastewater System and Potable Water Supply Permit
No. WW-4-4822 dated May 17, 2017 and recorded in Volume 1373 at
Page 315 of the City of South Burlington Land Records approved the
construction of a multi -story building on Lot A as depicted on the Plat.
As the Property is vacant land, it will be conveyed subject to Notice of Permit
Requirements are required under Section 1-304(2)(A)(i) of the Environmental
Protection Rules as an unimproved lot.
We note that legislation passed on June 13, 2002 (S.27) and on May 18, 2007
(H.296) together with revised Environmental Protection Rules effective on
September 29, 2007 modify the State Subdivision Regulations and phases out
some prior exemptions. As such, any modifications to the boundary lines for the
Property, the structure on the Property, the water and/or sewer demands for the
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City of South Burlington
September 13, 2018
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Property or the failure of the wastewater or water systems may require
amendments to the Wastewater System and Potable Water Supply System Permit.
We express no opinion as to the capacity of the soils on the Property to
accommodate a new wastewater system, the adequacy of future water systems or
whether a Wastewater System and Potable Water Supply Permit would be issued
in the future and recommend that you consult with a professional engineer to
properly evaluate these issues.
(c) Department of Public Safety, Fire & Safety Division. Vacant parcels of land
are not subject to the jurisdiction of the Department of Public Safety.
(d) Stormwater.
Notice of Issuance of Stormwater Discharge Permit No. 7736-INDS.A dated
February 13, 2018 and recorded in Volume 1412 at Page 39 was issued to The
Snyder -Braverman Development Company, LLC, South Burlington City Center,
LLC and South Burlington City Center Owner's Association, Inc.
(e) Act 250 Jurisdiction Matters.
(i) State of Vermont Land Use Permit No. 4CO503 dated April 19, 1982 and
recorded in Volume 181 at Page 145 of the City of South Burlington Land
Records approved the construction of 3,600 feet of roadway with related
utilities for a planned commercial development. The permit approved
maximum impacts of a cumulative total of 100,000 gross square feet of
office or research and development space or 50,000 square feet of retail
commercial space, 500 parking spaces, 50,000 total gallons per day of
sewage flows and 50,000 gallons per day of water usage. Construction of
the roads and utilities to be completed by November 1, 1982.
(ii) State of Vermont Land Use Permit Amendment No. 4CO503-1 dated
March 11, 1983 approved the extension of the completion of the roadway
to November 1, 1985.
(iii) State of Vermont Land Use Permit Amendment No. 4CO503-2 dated
October 7, 1983 and recorded in Volume 191 at Page 349 of the City of
South Burlington Land Records approved the site and foundation work for
the China Lite restaurant with 131 vehicles, 1,600 feet of roadway and
500-foot access drive.
(iv) State of Vermont Land Use Permit Amendment No. 4CO503-3 dated
March 28, 1986 and recorded in Volume 215 at Page 65 of the City of
South Burlington Land Records approved the extension of the completion
of the roadway to November 1, 1987.
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September 13, 2018
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(v) State of Vermont Land Use Permit Amendment No. 4CO503-5 dated
March 22, 1988 and recorded in Volume 259 at Page 471 of the City of
South Burlington Land Records approved the extension of the completion
of the roadway to November 1, 1989.
(vi) State of Vermont Land Use Permit Amendment No. 4CO503-6 dated
February 11, 1992 and recorded in Volume 318 at Page 49 of the City of
South Burlington Land Records approved the extension of the completion
of the roadway to November 1, 1993.
(vii) State of Vermont Land Use Permit Amendment No. 4CO503-7 dated
November 9, 1993 and recorded in Volume 353 at Page 660 of the City of
South Burlington Land Records approved the extension of the completion
of the roadway to November 1, 1996.
(viii) State of Vermont Land Use Permit Amendment No. 4CO503-8 dated
December 13, 1996 approved the extension of the completion of the
roadway to November 1, 1998.
(ix) State of Vermont Land Use Permit Amendment No. 4CO503-9 dated
February 3, 2000 approved the extension of the completion of the roadway
to November 1, 2001.
(x) State of Vermont Land Use Permit Amendment No. 4CO503-10 dated
January 9, 2002 and recorded in Volume 535 at Page 500 of the City of
South Burlington Land Records approved the extension of the completion
of the roadway to November 1, 2004.
(xi) State of Vermont Land Use Permit Amendment No. 4CO503-11 dated
November 2, 2004 and recorded in Volume 687 at Page 557 of the City of
South Burlington Land Records approved the extension of the completion
of the roadway to November 1, 2007 for the roadway base at the eastern
end of Market Street and final paving of Market Street. Construction of
cross streets are subject to full review and approval under all ten criteria
of Act 250.
(xii) State of Vermont Land Use Permit Amendment No. 4CO503-12 dated
November 6, 2007 and recorded in Volume 800 at Page 487 of the City of
South Burlington Land Records approved the extension of the completion
of the roadway to November 1, 2010.
(xiii) State of Vermont Land Use Permit Amendment No. 4CO503-13 dated May
21, 2015 and recorded in Volume 1268 at Page 178 of the City of South
Burlington Land Records approved the replacement of the existing 48"
corrugated metal pipe culvert under Market Street.
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(xiv) State of Vermont Land Use Permit Administrative Amendment No.
4CO503-A dated March 28, 2018 and recorded in Volume 1417 at Page
130 of the City of South Burlington which specifically revised the extent
of the area subject to State of Vermont Land Use Permit No. 4CO503 and
all amendments thereto (4C0503-1 through -13) (the "Corporate Center
Act 250 Permit") to include only those areas already developed under the
Corporate Center Act 250 Permit and to exclude those areas that have not
been developed, including the Property, from Act 250 jurisdiction under
the Corporate Center Act 250 Permit.
(xv) State of Vermont Natural Resources Board Act 250 Jurisdictional Opinion
4-265 dated March 29, 2018 and recorded in Volume 1417 at Page 133 of
the City of South Burlington Land Records states that a phased mixed -use
project with +/- 543 units of housing having a gross floor area of +/-
547,850 square feet and with +/- 194,213 square feet of commercial space
(the "Priority ousing Project"), constitutes a Priority Housing Project
pursuant to 10 V.S.A. § 6001(35)(A) and, therefore, does not required an
Act 250 Permit. The Property is located within the limits of the Priority
Housing Project.
WE HAVE NO INFORMATION REGARDING POSSIBLE
ALTERATIONS TO THE PROPERTY AFTER THE INITIAL
CONSTRUCTION THEREOF OTHER THAN AS SPECIFICALLY
IDENTIFIED HEREIN AND WE STATE NO OPINION AND MAKE NO
CERTIFICATION WITH RESPECT TO WHETHER ALTERATIONS
MADE AFTER THE DATE OF INITIAL CONSTRUCTION REQUIRED
SEPARATE OR ADDITIONAL PERMITS.
DISCLAIMER: Except to the extent specifically identified above, the undersigned has not
undertaken any investigation whatsoever with respect to whether the Property and each component
thereof as originally constructed or subsequently modified, with or without permits, was in
compliance with or continues to be in compliance with the provisions of the permits identified above
or the applicable laws, rules, and regulations, ordinance and orders. The permits identified above
include numerous findings of fact, conclusions of law, exhibits, plans and other documents related to
and referenced in the permits and the permits contain technical requirements to be satisfied prior to,
during and after construction, many of such matters can only be determined by a physical inspection
of the Property. The undersigned did not conduct such a physical inspection, nor is such inspection
part of the title examiner's obligation. A full review of all those matters requires knowledge and
skills in engineering, architecture and other professions outside of the legal profession. The
undersigned states no opinion and makes no report or certification with respect to such matters. If
you require additional information regarding the permits, or the status of the Property regarding
compliance with the permits, you should contact the undersigned or your own counsel to discuss
additional procedures and investigations which may be available at extra cost.
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City of South Burlington
4. Other Matters.
September 13, 2018
Page 11
(a) Notice of Issuance of Wetland Individual Permit Project Number: 2013-293 issued
on December 6, 2017 and recorded on December 19, 2017 in Volume 1404 at Page
346 in the City of South Burlington Land Records and re -recorded on January 2,
2018 in Volume 1406 at Page 130 of the City of South Burlington Land Records
(b) No opinion is made as to the existence of any so-called ancient roads which may
traverse the Property and could give rise to claims by the public for access over
and upon such roadways. Determining the existence of ancient roads would
require additional research beyond the Period of the Search and the services of
other professionals. Please advise the undersigned if you wish to authorize such
additional work.
In addition, we direct your attention to the following:
l . Taxes for the year July 1, 2017 through June 30, 2018 on a total of 28.93 acres are due in
the amount of $49,361.76 in three installments on August 17, 2017, November 15, 2017
and March 15, 2018. All three installments have been paid. There are no delinquent taxes
of record.
2. The Property is vacant land and therefore the Owner has not filed a Homestead Declaration
for the Property.
Our examination of the Land Records covered the period from November 13, 1968 through April
6, 2018 at 8:00 in the forenoon (the "Period of the Search").
In preparing this Report, we have not examined or inquired into nor do we state any opinion or
make any certification regarding the following, except to the extent specifically addressed above:
Taxes or assessments against the Property, if any, currently or hereafter assessed (none of
which are delinquent on the date hereof, unless noted above).
2. Any instrument recorded prior or subsequent to the period of examination specified in this
Report.
The application or effect of any laws, ordinances, bylaws, rules, regulations or plans of the
United States, the State of Vermont or any subdivisions, agencies or departments thereof
relating to zoning or environmental matters; or whether the Property contains or is located
within an area designated as a federal flood hazard zone, a wetland, or public waters.
4. Matters which would be disclosed by a physical examination, environmental audit, or an
accurate survey of the Property, including in particular public highway easements,
easements appurtenant to adjacent lands arising from any subdivision of lands without
provision for adequate access thereto, the availability or adequacy of public or private
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City of South Burlington
September 13, 2018
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utilities and services or the description or physical location of the boundaries of the
Property.
Rights of tenants and others in possession of all or any portion of the Property.
Any untrue, inaccurate or misleading statements contained or referred to in any recorded
documents or public records.
Matters contained in records of probates, bankruptcy or other courts; the records of births,
marriages, divorces or deaths; or the records of the formation, existence, registration or
status of any entity which is a party to any document affecting the title to the Property.
The status of lease land rents.
9. Rights claimed in lands and premises forming the alleged homelands of certain American
Indian or indian tribes and nations including, but not limited to the Abenaki Indian Nation
arising out of aboriginal rights. The Property may be part of the lands claimed. Claims
have been made to certain lands and premises in northern and western Vermont, but the
rights of the claimants have not been finally adjudicated.
10. The effect of any activities which could or might result in forfeiture of a right, title and
interest in the premises to the United States of America for any violation under the
Comprehensive Drug Abuse Prevention Control Act of 1970, as amended, or to any other
party pursuant to bankruptcy, insolvency, or fraudulent conveyances or similar laws.
11. The potential application of the Vermont Land Use and Development Law (10 V.S.A. Ch.
151) and the Environmental Protection Rules to the Property by reason of activity
constituting a "development," as that term is defined in 10 V.S.A. § 6001(3), or a
"subdivision," as that term is defined in 10 V.S.A. § 6001(19), by any "person," as that
term is defined in 10 V.S.A. § 600](14), resulting in: (a) the creation often or more lots
within any continuous period of five years by a person other than the specifically identified
persons appearing in the chain of title to the Property; (b) the creation of lots by any person
identified in the chain of title which are located in any town other than the town where the
Property is located; or (c) any other basis for a claim of jurisdiction by the Environmental
Board based on the activities of any person other than a person specifically named in the
chain of title to the Property.
12. The contents of or effect of records which existed at the time of our inquiry directed to the
governmental officials named above which were not filed in the official file kept by such
government officials regarding the Property at the time of our inquiry.
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City of South Burlington
September 13, 2018
Page 13
This Report is solely for your benefit, is not transferable, and is not for the use or benefit of any
other person or entity, nor for use in connection with any transaction other than that described above.
Very truly yours,
GRAV,UL & SHEA PC
O. Polubinski
Exhibit "A"
e,
A certain piece or parcel of land, with the improvements thereon and appurtenances thereto, located
in the City of South Burlington, County of Chittenden, State of Vermont, (hereinafter the "Property") and
more particularly described as follows:
Being a strip of land for public roadway and related utility purposes over an unimproved strip of
land, being a sixty foot wide (60') strip with wider tapered curbs depicted as "Garden Street
(Future)" as shown on a plat entitled: "Subdivision and Boundary Line Adjustment Plat, Lands of
South Burlington City Center, LLC, Market Street, South Burlington, VT," prepared by Lamoureux
& Dickinson Consulting Engineers, Inc., dated October 14, 2016, last revised April 4, 2018 and to
be recorded in Map Slide of the City of South Burlington Land Records (the "Plat").
The Property is conveyed to Grantee for use for municipal road, sidewalk, utility and stormwater
drainage purposes. This Deed shall act as a bill of sale and does hereby convey all improvements
located on, over and under the Property, including but not limited to all roadway improvements,
sidewalks, water mains and/or lines, sewer lines and force mains, stormwater pipes, catch basins,
and appurtenances thereto depicted on the Plat.
The Property is a portion of the land and premises conveyed to South Burlington City Center, LLC
by Quit Claim Deed of Randall G. Munson d/b/a South Burlington Realty Company dated January
30, 2009 and recorded in Volume 853 at Page 222 of the City of South Burlington Land Records.
The Property is subject to: (a) all rights -of -way, easements, conditions and covenants of record or
as depicted on the Plat, not meaning to reinstate any claims barred by operation of the Vermont
Marketable Record Title Act, 27 V.S.A. §§ 601-611, both inclusive; and (b) the provisions of
municipal ordinances, public laws, and special acts.
Reference is hereby made to the above -mentioned plan and deeds and the records thereof, and the
references therein made all in further aid of this description.
<1316968WRHR>
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aP&ANI
South
PLANNING & Z(
August 10, 2018
Re: #SP-18-18
Dear Applicant:
U.S.
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Service"
CERT�IED
tF
MAIL°
RECEIPT
Domestic
Mail
Only
ordelivervinformati
Enclosed, please find a copy of the Findings of Fact and Decision rendered by the
Administrative Officer concerning the above referenced application. Please note the
conditions of approval including that a zoning permit must be obtained within six (6)
months.
If you have any questions, please contact me.
Sincerely,
Marla Keene
Acting Administrative Officer
Encl.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101
www.sburl.com
■ Complete items 1, 2, and 3.
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1. Article Addressed to:
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AC9Co SK9-Ihvrne, Fd,St,-�Cn
' hWbvrr>e VT c-64$ 7-
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9590 9402 3184 7166 4418 45
2. Article Number (Transfer from service label)
7018 0040 0000 1165 3192
PS Form 3811, July 2015 PSN 7530-02-000-9053
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13 2018
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CITY OF SOUTH BURLI . _ -r-to�
DEPARTMENT OF PLANNING & ZONING'
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
June 29, 2018
Via Email and
First Class Mail
Paul Connor, Director of Planning and Zoning
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
D J� Downs
v Rachlin
Martin 1,
Business Sense -Legal Ingenuity
R. Prescott Jaunich
Tel: (802) 846-8606
Fax: (802) 862-7512
sjaunich@drm.com
Re: Warranty Deed of Easement by and between South Burlington City Center, LLC and the
City of South Burlington
Dear Mr. Connor
This office represents South Burlington City Center, LLC, the grantor of certain temporary and
permanent easements conveyed to the City of South Burlington by Warranty Deed of Easement
dated March 8, 2017. This conveyance was done to help facilitate the City Center project build -
out after extensive discussions between the City's representatives and representatives of South
Burlington City Center, LLC and the developer, Snyder Braverman.
Among the conveyed easements is a 1.36 acre area, more or less, intended and necessary for the
City to install, construct, maintain, improve, repair and replace a storm water detention basin, a
recreation area around the detention basin and a pedestrian and recreational path. Critically, this
easement was conveyed subject to the City of South Burlington's express acknowledgment and
agreement that South Burlington City Center, LLC, and its successors and assigns, reserved the
right to use the area of the 1.36 acre easement to meet the amount of qualified open space required
under "Table 8-1 Open Space Requirements" for the benefit of any zoning application or project
by Grantor, its successors or assigns, on the land which is the subject of the easement deed.
Now pending before the City is an application by Snyder Braverman for a 60 unit mixed income
apartment building located at 310 Market Street, which application seeks to utilize the benefit of
this 1.36 acre open space reservation. We are advised by Marla Keene, South Burlington
Development Review Planner, that the open space reservation cannot be used in association with
this application because the open space allowance is not "on -site." In an email dated June 27,
2018, addressed to Tim McKenzie of South Burlington Realty, LLC and you, and copied to
Kevin Dorn, Ken Braverman and Chris Snyder, she writes:
"Regarding what qualifies as on -site, the site is specifically intended to mean the
development parcel, or group of parcels if several parcels are developed as one
tight, cohesive grouping of lots functioning as a single entity (such as same -use
buildings with shared driveway and parking, or a building lot with open space on
a separate lot immediately adjacent to it).
C
{
Paul Connor, Director of Planning and Zoning
June 29, 2018
Page 2
"We do not find that the term "on -site" in this instance can be used to mean the a
larger area beyond that or the entire SBCC, LLC lot. Such an interpretation would
not pass a straight -face test of why the Regulations have on -site and off -site
designations to begin with.
This interpretation of the open space reservation is inconsistent with intent of the parties at the
time of the Warranty Deed of Easement and is contrary to the express language of the deed,
thereby depriving South Burlington City Center, LLC, its successors and assigns, of a significant
and negotiated benefit of that deed.
The reservation language on Page 4 of the deed makes no mention of any "on -site" requirement.
Had the City desired to impose such condition on the reservation it should have done so during
the easement negotiations. Instead, the reservation was always understood to be applicable on
my client's parcel which is the subject of the easement deed and lies within the Center Center
project. For that reason, the reservation was generally stated to be "for the benefit of any zoning
application or project by Grantor, its successors or assigns."
Moreover, the City's assertion that "on -site" cannot be construed to mean a larger area or the
entire SBBC, LLC Lot cannot be supported by the easement deed. The deed expressly
acknowledges that the easements lie "over certain pieces of land located in the City of South
Burlington" which are further described as the same lands and premises which South Burlington
City Center, LLC received from Randall G.. Munson d/b/a South Burlington Realty Company by
deed dated January 30, 2009 and recorded in Book 853 at Page 222, and being further described
as Parcel 0450-0000 shown on Sheets 3,5,6,7,8,9 and 10 of the City's Right of Way Plan entitled
"S. Burlington — Market Street" Project Number STP 5200 (17). Plainly, the entire SBBC, LLC
parcel is the site.
The 1.36 acre easement area granted to the City was valued by my client at $1,490,000.00. In
exchange for this conveyance, it was the parties' intention that the open space reservation would
be applicable to any zoning application or project within the City Center project parcel owned by
South Burlington City Center, LLC, its successors or assigns. Notwithstanding the City's later
modification of its open space regulations, the City's refusal now to recognize the complete and
mutually understood benefits of the Warranty Deed of Easement that accrued to my client cannot
be countenanced.
DKM
Business Sense -Legal Ingenuity
Paul Connor, Director of Planning and Zoning
June 29, 2018
Page 3
It is respectfully urged that the City promptly honor the negotiated bargain as understood and
expressed by the easement deed, and allow the 1.36 acre open space reservation be applied as
proposed under the present application.
X\ J .
cc: Tim McKenzie, SBCC, LLC
Robert Rushford, Attorney for Snyder Braverman
Ken Braverman
Chris Snyder
18412902.1
DKM
Business Sense -Legal Ingenuity
TO: South Burlington property owners
FROM: The Snyder -Braverman Development Company, LLC
SUBJECT: Garden Street & Market Street, South Burlington
Application for Site Plan Review (City Center FBC District)
PROJECT
DESCRIPTION: Site plan application #SP-18-18 of the Snyder -Braverman
Development Co., LLC to construct a 60-unit multi -family residential
building with subsurface parking, 310 Market Street.
An Application for Site Plan Review for a project located in the City Center Form Based
Code District has been submitted to the Administrative Officer. The project is located at
310 Market Street (the northeast corner of Market Street and the future Garden Street)
in the City of South Burlington. An 11"x17" copy of the proposed site plan is attached.
A public information meeting will be held on Wednesday, May 23, 2018 at 6:30 PM
in the 2nd Floor Community Room of the South Burlington Police Department,
located at 19 Gregory Drive, South Burlington.
The purpose of this meeting is to give landowners and residents the opportunity to
review the proposed application and provide input and feedback to the applicant on the
Application for Site Plan Review.
This notice is being sent to you because you have been identified as an abutting
landowner to the proposed land development. The distribution of this information to the
abutting landowners is required by the City's Land Development Regulations. You are
encouraged to attend and participate in the public information meeting.
If you are unable to attend the public information meeting, written comments may also
be submitted. If you have any questions, or would like to submit written comments,
please contact Andrew Rowe at Lamoureux & Dickinson Consulting Engineers, Inc. - 14
Morse Drive Essex, VT 05452, (902) 878-4450, or Andy(a-)LDengineering.com.
Any person with questions or comments may also contact Marla Keene, PE
Development Review Planner, Department of Planning & Zoning, City of South
Burlington — 575 Dorset Street, South Burlington, VT 05403, (802) 846-4106, or
mkeeneQsburl.com
r
Andy Rowe
From: Andy Rowe
Sent: Monday, April 23, 2018 1:45 PM
To: 'Marla Keene'
Cc: Ken Braverman
Subject: City Center - 310 Market St
Attachments: CHT Permit Narrative 04-23-18.pdf; Elevations & garage 04-20-18.pdf; FBC site plan
application 04-18-18.pdf; landscaping cost estimate 04-22-18.pdf; Storm narrative
04-19-18.pdf; Water & wastewater flows.pdf; Civil plans 04-23-18.PDF
Hi Marla —
Attached are the following updated documents in relation to the FBC site plan application for 310 Market Street:
- Civil plans
- Architectural plans (elevations & garage layout)
- FBC site plan application (with building floor area corrected)
- Narrative
- Stormwater narrative
- Landscaping cost estimate
- Water &wastewater flow summary
A hard copy will be delivered to your office this afternoon. v
APR 2 3 Iola
Andy Rowe
Lamoureux & Dickinson C, Of S0. Bu�En
802-878-4450
1
RECEIVED
APR 2 3 2018
moo. Burlington
r
city of .. 9
southburlington
PLANNING & ZONING
Application NumberSP-
(office use only)
APPLICATION FOR SITE PLAN REVIEW (City Center FBC District)
All information requested on this application must be completed in full. Failure to provide the requested information either
on this application form or on the site plan will result in your application being rejected and a delay in the review.
1. Street Address of Project: 310 Market Street (NE corner of Market Street & Garden Street)
2. Brief project description (explain what you want approval for):
Construction of a 60 unit residential buildino with related site improvements on Lot C
3. Applicant
Name The Snyder -Braverman Development Co., LLC Email kenneth.braverman@gmail.com
Address 4076 Shelburne Road, Suite 6 Telephone 343-6330
Shelburne, VT 05482
4. Primary Contact (person who will receive all correspondence from Staff)
Name Ken Braverman Email kenneth.braverman@gmail.com
Address 4076 Shelburne Road, Suite 6 Telephone 343-6330
Shelburne, VT 05482
5. Owner(s) of Record (Name(s) as shown on deed, mailing address, phone and fax #):
South Burlington City Center, LLC c/o South Burlington Realty Co.
P.O. Box 2204 South Burlington, VT 05407
tim@southburlingtonrealty.com office 863-9039 x3 cell 802-233-5302
6. Project Summary
a. Existing Uses on Property (including description and size of each separate use):
vacant land
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
b. Proposed Uses on property (include description and size of each new use and existing uses to remain):
60 unit residential building
c. Building size (GFA)
d. Residential Units
Existing none
Existing none
Proposed 73,589 sf
Proposed 60 units
e. Does this project require meeting Section 18.01, Inclusionary Zoning? ® Yes ❑ No
If yes to above, please indicate below the number of dwelling units that will be reserved in perpetuity
for households in each income category. Please see 18.01(C) for the proportion that must be devoted to
each income category and how to calculate fractional dwelling units.
Affordable Units #s 80%of Median 100%of Median 120%of Median
f. Qualifying open space (SF) Existing N/A Proposed 3,895 sf
7. Project Details.
a. Completed Submission checklist
b. Completed BES checklist & self -evaluation
c. Supporting documents and narrative for certain circumstances (including but not limited to):
i. Section 8.06, Special Standards; Section 8.07 Materials; Section 8.08 Open Space Standards;
Section 8.09 Nonconformities
ii. Article 10, Overlay Districts
iii. Article 12, Surface Water Protection Standards
iv. Article 13, Supplemental Requirements
8. Total area to be disturbed during construction (sq. ft.) 130,680 sf * (includes gravel wetland 2)
* Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16
and Stormwater Management in Article 12 of the Land Development Regulations. Projects disturbing more than one
acre require a permit from the Vermont Department of Environmental Conservation.
9. Cost Estimates.
a. Building (including interior renovations). $ 11,000,000
b. Landscaping: $ 123,000
c. Other site improvements (please list with cost): $ 550,000 - sitework
2
10. Traffic/ Trip Generation.
a. Land Use Codes) Used, Independent Variables, Calculations
Multifamily Nousinn (Mid -Rise), land use crude 221 neneral urban/suburban setting/location
60 residential units
b. P.M. Peak hour for entire property (in and out): 27 trips
11. Estimated Project Completion Date. October 2019
12. Site Plan and Fee. A site plan shall be submitted which shows the information required by the City's Land
Development Regulations, Three (3) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-
format) copy of the site plan must be submitted. A site plan application fee shall be paid to the City at the time
of submitting the site plan application in accordance with the city's fee schedule.
13. List of Project Sheets. Include a list of each project sheet submitted by number.
14. Notification of Adjoining Property Owners, Neighborhood Meeting. Notification of adjoining property
owners is the responsibility of the applicant. After determining that all submission requirements have been met,
the Administrative Officer will provide the applicant with a project description and sample certificate of service.
The sworn certificate of service shall be returned to the City along with demonstration of having met all of the
requirements of Section 14.05 of the Land Development Regulations.
a. Proposed location of neighborhood meeting (if applicable): Police Station Community Room
I hereby certify that all the information requested as part of this application has been submitted and is accurate
to the best of my knowledge.
r^
` �' f Ken Braverman _ !
Applicant's Signature Applicant's Printed Name ate
ZVI
z? t
Tim McKenzie
Owner 4nte Property Owner's Printed Name Date
Do not write below this line
Date of Submission:
Review Authority: - Development Review Board 'i Administrative Officer
Action: I have reviewed this site plan application and find it to be: Complete . Incomplete
Administrative Officer Date
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this
project. Call (802) 879-5676 to speak with the regionol Permit Specialist.
{
APR 2 3 2018
APPLICATION FOR SITE PLAN REVIEW City of S®. Burlington
CITY CENTER FBC DISTRICT
SUPPLIMENTAL NARRATIVE
310 Market Street
April 23, 2018
BACKGROUND:
As proposed, the project is a residential four-story building containing 73,589 gross
square feet of space as well as a 19,692 square foot parking garage.
The project is being developed by Snyder -Braverman Development LLC on behalf of
the Champlain Housing Trust and Housing Vermont. The project will offer mix -
income and affordable housing for general occupancy. The building will consist of
60 residential units including 26 (one bedroom), 20 (two bedroom),11 (three
bedroom), and 3 (four bedroom) units. The building will be complimented by a
1,150 sf community space located on the ground floor.
SITE:
The building will be constructed on a 46,812 sf lot located within South Burlington's
T-4 City Center District at the northeast corner of Market and Garden Streets. The
site is current undeveloped and has been cleared in preparation for development.
The proposed development shall include 51 underground and 22 surface parking
spaces. Access to the project's underground parking garage will serviced off a
private drive located in the rear of the building. Each parking location has been
designed specifically to meet the objectives of the FBC, including adequate setback,
screening, and landscaping.
OPEN SPACE. LANDSCAPING & GREEN BUILDING:
To satisfy the project's 3,600 square foot residential T-4 open space requirements,
the project's design incorporates a 7,170 sf Pocket /Mini Park. The Pocket Mini
Park will include a children's area with swing, bench(s), and picnic table area. The
Pocket Park has been designed by the project sponsors to accommodate families
with young children and is purposefully located in a visible location away from
traffic - while meeting the provisions of both Table 8-1 and Appendix F of the Land
Development Regulations (see attached plan and supporting documentation).
The project will comply with the required landscape design and budgetary
requirements as outlined in the Form Based Code. As outlined in other sections of
this permit application, the required landscape budget will exceed the value of the
plant material and other costs permitted under the code. As such, remaining funds
will be used for Public Art or other streetscape elements approved under the code.
The proposed building will be constructed NAHB Green Certified and will also meet
Efficiency Vermont Certification. In addition, the project will be solar ready, as
required under the code, with roof truss system designed to accommodate
necessary loading.
INCLUSIONARY / AFFORDABLE HOUSING:
As proposed, the building will be planned as a mix -income affordable housing
project and meet the following income restrictions (exceeding those required under
the code):
INCOME LIMITS
(as a % of Area Median Income):
NUMBER OF UNITS:
At or Below 60% of AMI
42
At or Below 80% of AMI
8
At or Below 100%-120% AMI
10
TOTAL:
60
Breakdown by Unit Type:
Number of 1 and 2 Bedroom Units: 46
Number of 3 Bedroom Units: 11 (equals 16 Inclusionary Units per Article 18-5)
Number of 4 Bedroom Units: 3 (equals 6 Inclusionary Units per Article 18-5)
Using the calculations above, the total number of Inclusionary Units for this project is
68 units.
APPENDIX F
oPFN SPACE
Clty Center - Lot D
April 23, 2018
PlazalSquare
Green
Pocket/Mini Park
Playground
Outdoor Cafei Restaurant
Sun Terrace
Indoor ParklAtrium
Seating
Description
Primarily hard -surface space.
Informal and centralized public,
Small open area tucked between P
rgrammed space and/or
An open-air seating area provided
Accessible and open area on
Interior open space where at least
civic space or common/shared
buidlings on a separate lot or at
icture that serves the
by a restaurant located on the
upper story with seating and
one wall facing the street consists
private space for residential use
or portion of a lot. re
reational needs of children in
subject or adjoining property,
gathering amenities.
entirely of glass.
campus -style development.
th
immediate vicinity.
where restaurant
O.AT' SF I F D
patrons can eat or drink
Size
Minimum 5, 000 sq.ft.
Residential. 0.25-2 acres; Caml
as 2,000-10,000 sq. R PI
ry area shall be a minimum of
Minimum 100 sq. ft.
500-3,000 sq.ft; total area shall not
Minimum area 1,500 sq.ft.
style Development: 0.5-3 acres
2
)0 square feet
count as more than 50 % of the
Minimum ceiling height 20'. Area
minimum required qualifying open
to be counted as qualifying open
space.
space shall not exceed twice the
area of the glass wall projected
SATISFIED
onto the Boor plane.
7170 SF PROPOSED
Location 6
Outdoors and within Public Realm.
For residential: Centralized;
Fronts on and is accessed from a A
:essible from Public Right -of-
Highly visible, directly adjacent to
Second floor or above. Encourage
Building interior adjacent to
Access
High Visibility from public rights of
Accessible to all tenants/residei
is street right-of-way. Pedestrian
W ry or adjacent to private
public right of way. See additional
location in places which have
sidewalk or public open space.
way. Accessible from a public
via pedestrian walkway or direa
accessible. sii
ewalk. Should be centrally
public realm standards below.
spectacular views. Accessible
Direct access from street level.
street at grade or 3' above or
frontage (cottage court
to
ated and visually accessible to
directly from the sidewalk or public
Provide several entrances to make
below street level connected to
development). For campus -styli
th
greatest extent practicable.
corridors. For T5 Non -Residential,
the space availble and inviting to
street with wide, shallow stairs.
development: Centralized;
SATISFIED
must provide adequate signage
the general public.
May include space for a farmer's
Accessible from a public right-o
-
about location and accessibility in
market
way via direct walkway, Access
hallways and elevators.
from several locations
encouraged.
Seating',
Minimum one seating space for
Provide formal and informally
One seat for each 750 sq.ft. of
M at provide benches or formal
Seating material shall be of
One seating space for every 50
Provide one seal for every 100
Tables, Etc.
each 150 sq.ft. of plaza area.
arranged seating, on sculptured
park size. Must include amenities se
sting areas at one space for
moderate to high quality in order
sq.ft. of terrace area.
sq.ft. of floor area, one table for
Minimum 3 seats.
lawn. Moveable chairs desirable
which differentiate the space from ez
h 500 square feet, rounding
for cafe space to be considered
every 400 sq.ft. of floor area. At
Three seats per quarter acre,
basic lawn area. Examples include u
as well as at least 200 square
qualifying open space.
least one half of seating to consist
rounded up.
benches, bike racks, trash fe
t of level, grassed, informal
of movable chairs.
receptacles, gazebos, playgrounds se
cling.
or public picnic tables.
SATISI IF - SEE PLAN
Landscaping,
Landscape is secondary to
Provide lush landscape setting
Turf and landscape plantings to Alropriate
ground material-
For optional separated seating
Terrace may take one of the
Provide attractive paving material
Design-
architectural elements. Use trees
with predominantly lawn surface
promote shade over at least 25 % ru
bar or woodchips. Plantings for
areas, use planting boxes of
following forms: complex
to create interesting patterns. Use
to strengthen spatial definition.
and planting such as: trees,
of area; at
culation of space encouraged.
interesting patterns of plants, open
architectural setting which may
rich plant material. Incorporate
Shall include attractive paving
shrubs, ground cover, flowers.
FI
t paved or concrete area for
fences of less than 3 feet in
include art works; flower garden;
sculpture and/or water feature.
material or pattern to create
Canopy trees should provide
wl
eeled toys encouraged. Paved
height, or decorative and
space with trees and other
unique space. Encouraged use of
substantial shade.
4300 SF (60%) TURF AND at
as including space for
moveable bollards with decorative
planting. Planted roofs are
lush, dense plant material. Shall
LANDSCAPE PLANTINGS bz
3ketball or other sport courts are
chain connectors.
permitted provided area is also a
incorporate art, sculpture and/or
at
ouraged and may be counted
functional seating space.
water feature.
to
iards minimum required area of
QL
31ifying open space. Shade shall
b
provided in consultation with
th
Recreation Director.
Commerical
20% of space may be used for
20% of space may be used for
Not permitted Nicounted
towards open space
May serve as seating area for
Dependent on Transact, may
30 % of area may be used for
Services,
restaurant/cafe seating, taking up
restaurant seating taking up no
re
luirement.
adjacent restaurant/food service,
possibly be used up to 100 % for
restaurant seating taking up no
Food
no more than 20% of the sitting
more than 20% of the sitting
or be space provided for those
commercial food services. See
more than 30 % of the seating and
facilities provided.
facilities rovided.
bringing their own meals.
Table 8-1.
tables provided.
Sunlight and
Sunlight to most of the occupied
Sunlight to most of the occupiec
No requirements Silight
to most of the occupied
Sunlight encouraged to most of
No requirements
No requirements except as noted
Wind
area from mid-moming to mid-
area from mid-moming to mid-
a
a from mid-moming to mid-
the occupied area at lunchtime.
for street fayade to be wall of
afternoon.
afternoon. Sheller from wind.
at
.moon.
glass. Encouraged to be south -
facing.
Other
Sl
all include minimum
c
nporents:3 low child -sized
s
ings; 1 toddler sized swing; 2
sl
es; one Or more la houses.
Seating *Required dimensions for one Height: 12" to 36"; ideally 17"; Depth: 14" one-sided; 30-36" Width: 30" of linear seating are
dimensions: seating space or one seat are as must allow user to bend knees and double -sided counted as one seat
follows: have feet below knees
Materials All products installed in qualifying open spaces shall be of high quality materials intended to be used for
commercial application.
South Burlington Land Development Regulations
No Text
Technical Memorandum
By: Andrew Rowe
Date: April 9, 2018
RE: Trip Generation
CHT - Garden Street Apartments
c
RECEIVED
APR 13 2018
City of So. Burlington
This application seeks approval for a 60 unit, 4 story, apartment building located at the northeast quadrant of the
intersection of Garden Street (to be constructed) and Market Street. The project is located in South Burlington's
City Center form based code zoning district. The apartment building, to be owned and operated by Champlain
Housing Trust, will include a mix of dwelling sizes:
26 units with 1 bedroom
20 units with 2 bedrooms
11 units with 3 bedrooms
3 units with 4 bedrooms
60 units -Total
Estimates of the peak hour vehicular trip generation were developed using the loth edition of the ITE Trip
Generation manual. The general urban/suburban category was used to characterize the setting/location (instead of
the dense multi -use urban category). The project is located within walking distance of a mix of commercial uses,
schools, and existing and planned municipal facilities. New sidewalks and paved paths will be constructed along
Market Street and Garden Street, providing improved opportunities for pedestrians and biking. However, while
the project is located in the South Burlington City Center, this area is not yet fully developed, or served by
significant transit enabling a high level of non -vehicular travel to and from the development area.
Table 1 presents the updated pm peak hour trip generation estimates.
Table 1- Peak Hour Trip Generation
Use
Land -Use
Category
# Units
AM Peak Hour
Vehicle Trips (vte/hr)
PM Peak Hour
Vehicle Trips (vte/hr)
Enter
Exit
Total
1
Enter
Exit
1
Total
Multifamily Housing (Mid -Rise)
221
60
5
16
21
16
11
27
PA2015\35143 City Center\Champlain Housing Trust\Traffic\tech memo Garden St apartments.wpd
Lamoureux & Dickinson Page 1
Consulting Engineers, Inc.
T-4 Building Envelope Standards Checklist and Self -Evaluation
RECEIVED
APR 13 2018
Applicant Self -Evaluation
T-4 BES (South Burlington Land Development Primary Building Secondary Building Project Applicant Sheet Notes
Regulations, 8.13) Facade I. FaVade Information #
Requirements lRequirements I
(13) Lot Standards
(1) Lot Dimensions
(a) Lot size
(b) Lot Width
(2) Lot Occupation
(a) Percentage of Lot Coverage
(b) Units per acre
None
1:1.07 acres Sheets PL-2 & 1
None
None
None
-Building Standards
(1) Building Types��
(a) All Types Permitted
(2) Building Stories
(a) Principal
2 Min., 4 Max.
(b) Accessory
1 Max.
(3) Floor -to -Floor Height
(a) First story
24'Max.
(b) Upper Stories
14'Max
(4) Build -to -Zone
(a) Primary Build -to -Zone
�O'Min., 12'Max. O'Min., 18'Max.
(b) Secondary Build -to -Zone
O'Min., 24'Max. 0'. Min., 36'Max.
(5) Frontage
(a) Frontage Buildout, Primary Streets
70% Min.
70% Min. (Note 1)
(b) Frontage Buildout, Secondary Streets 70% Min. within 80'of 70% Min. within 80'
Primary Street, 50% of Primary Street,
Min. elsewhere 50% Min. elsewhere
(Note 1)
(b) Percentage of Frontage Buildout within the 75% Min. '100% Max.
Primary Build -to -Zone
esidential
JArch plans
4 stories
— _N/A
12'
Sheet EL-1A
91-11,
Sheet EL-1A
Satisfied
sheet 1
90.4% Market
sheet 1
83.5%Garden Isheet l
100% of building in primary
100% M & G I sheet 1 lbuild-to in M & G
T-4 BES (South Burlington Land Development Primary Building Secondary Building
Regulations, 8.13) Facade Facade
Requirements Requirements
(c ) Percentage of Frontage Buildout within the 0% Min., 25% Max. 100% Max.
Secondary Build -to -Zone
(6) Entrances
(a) Average frequency of Public Entrances, non- 36' Max. 54' Max.
residential first story use
(b) Maximum distance between Public 46' Max. 72' Max.
Entrances, non-residential first story use
(c) Average Frequency of Operable Entrances, 36' Max. 54' Max.
residential first story use
(d) Maximum distance between Operable
46' Max.
72' Max.
Entrances, residential first story use
(7) Glazing
(a) First Story
Min. 40% of the
Min. 20% of the
Width of the Building,
Width of the
and Min. 7.5' in
Building, and Min
Height
7.5' in Height_
(b) First Story, percent of glazing required to be
75% Min.
75% Min.
transparent
(c ) Upper Stories
See Note 2
(d) Upper Stories, percent of glazing required to
See Note 2
be transparent
(8) Building Breaks
(a) Building Horizontal Fagade
Min. 3 every80'
_Min_._3_ every 80'
(b) Single Span of Horizontal Facade Without a
Break
48' Max.
48' Max.
(9) Supplemental Building Standards
(a) Awnings, Stoops, Vestibules
Encouraged
Block and Street Standards
(1) Blocks
(a) Perimeter
2,800' Max.
(b) Length
(2) Street & Connection Types
Al
300' Min., 700' Max.
Project Applicant Sheet Notes
Information #
sheet 1
N/A -only resid.
V/A-only resid.
Garden: 214.9' / 6 entries
35.8' M: 42.4' Sheet EL-1A Market: 169.7' / 4 entries"
G: 39' M:45' Sheet EL-1A
G: 49% M:60% 'Sheet EL-1A
75% min. Sheet EL-1A
Satisifed Sheet EL-1A
Satisfied (Sheet EL-1A
G: Satisf. M:52' Sheet EL-1A
Garden: 106 LF / 215 LF
Market: 101.5 LF / 169 LF
G: 30.2% M:32.7%
Market: 52' > 48' MAX
T-4 BES (South Burlington Land Development
Regulations, 8.13)
Primary Building
Facade
Requirements
Secondary Building
Facade
Requirements
Project Applicant Sheet Notes
Information #
(a) Neighborhood Street Narrow Permitted, Qualifies as a Street
(b ) Neighborhood Street Permitted, Qualifies as a Street
(c) Private commercial way Permitted, Qualifies as a Street
(d) Support Street Permitted, Qualifies as a Street
(e) Commercial Street
Permitted, Qualifies as a Street
(f) Avenue
Permitted, Qualifies as a Street
(g) Commercial Boulevard
Permitted, Qualifies as a Street
(h) Destination Street
Permitted, Qualifies as a Street
(i) Market Street and Garden Street
Permitted, Qualifies as a Street
(j) Path
Permitted Connection, Not a Street
(k) Mew
Permitted Connection, Not a Street
(1) Alley
Permitted Connection, Not a Street
(m) All other street types Prohibited
(4) Curb Cuts (not including street intersections)
(a) On Market Street
400' Min. distance between curb cuts
None proposed
Shared access - Lots C & D
(b) On Garden Street
400' Min. distance between curb cuts
1 curbcut prop
(b) All other streets
100' Min. distance between curb cuts
N/A
1
(E) Parking Standards
(1) Parking Amount Requirements
(a) Per Residential Unit
2 spaces Max.
1.2 spaces/unit
(51 gar+ 22 surf)/60 units
(b) Per 1,000 gross s.f. Non -Residential
2 spaces Min.
N/A
(2) Location & Screening
-TwIl
(a) New construction resulting in additional non-residential gross floor area or residential
units shall meet T-4 Parking Standards
N/A
No non-residential uses
Behind building
Behind building
_
(b) New surface parking shall be set back from the primary street a minimum of 25'
Satisfied _
Satisfied
(c) Parking spaces may be leased from the city or a private landowner
(d) New parking spaces shall be screened from all streets and the public realm, a minimum of
four (4) feet in height
(e ) Parking under structures is encouraged
Satisfied
51 garage spaces
(f) 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 sq. ft.
(3) Off -Site Parking
(a) Off -site parking within 600' may be used to meet parking requirements for Residential uses.
T-4 BES (South Burlington Land Development
Regulations, 8.13)
Primary Building
Facade
Requirements
Secondary Building
Facade
j Requirements
Project I Applicant Sheet Notes
Information !, #
All) Off -site 'parking within'1200' may be used to meet parking requirements
for non-
(c) Shared parkingmay be used to meet parking requirements (See Article 13).
(F) Supplemental District Standards
(1) Where a T-4 Lot abuts the R4 or R7 Zoning District, the following standards shall apply:
N/A
(a) A buffer strip shall be required
(b) The third story of any building shall be set back a minimum of twelve feet (12') from the
rear building line; and,
(c) The fourth story of any building shall be set back a minimum of twenty-four feet (24') from
the rear building line.
(d) Along Secondary Streets, parking structures within the build -to -zone that do not meet
entrance and/or glazing standards are permitted and shall count towards Frontage
Building requirements, provided that a minimum of 0.5% of the construction cost is used
for original artwork installed on or in front of the building facade facing said street.
(e ) Along Secondary Streets, a Streetfront Open Space, as defined within these Regulations,
shall count towards Frontage Buildout requirements.
(2) Large Single Story Principal Buildings. New large single -story principal buildings shall be
permitted subject to the following requirements:
N/A - 4 stories
(a) Such building shall building shall have a frontage greater than 100' and a footprint greater
than 10,000 square feet;
(b) No new single-sotry building shall be permitted within one thousand (1,000) linear feet in
any direction from any existing single -story building approved under this subsection;
(c) Such building shall be a minimum of 24' in height and shall have the appearance of two or
more stories;
(d) Such building shall have entries at a frequency of every 50' or less and shall have a
maximum distance between entries of 60'; and,
(e) Such building shall comply with all other provisions of these Regulations.
(3) Small Single Story Principal Buildings. New small single -story principal buildings shall be
permitted subject to the following requirements:
N/A - 4 stories
(a) Such building shall have a maximum footprint of 3,500 square feet; and,
(b) Such building shall comply with all other provisions of these Regulations.
(G) Streetscape Standards
(1) General Standards
j
T-4 BES (South Burlington Land Development Primary Building Secondary Building Project Applicant Sheet Notes
Regulations, 8.13) Facade Fa§7ade Information #
Requirements Requirements
(a) All streetscape features must be consistent within a project.
(b) Non-hardscape, pervious areas within the front yard shall be predominantly planted with
groundcover or flowering vegetation.
(c ) All features proposed within an existing, proposed, or planned public ROW shall comply
with requirements of the Department of Public Works.
(d) Proposed development shall comply with all requirement of Article 11
(2) Streetscape requirements
(a) Benches 2 Min. per 100' frontage
(b) Bicycle Racks for at least 5 bikes 1 Min. per 100' frontage
(c ) Street Tree Spacing, on center 50' Max. average
i
Notes
(1) If a corner lot is 100 or less m width along the street containing the primary building
- -- - -
facade and greater than two (2) times that width in depth, the required frontage
buildout on the BES shall be reduced by 50% on the street containing the secondary
building facade.
(2) Upper Story Glazing Shall comply with the following standards:
(a) Upper story glazing shall be a minimum of 30 percent of the facade on the primary building j
facade and 20% on secondary building facades.
(b) 80% of glazing on upper stories shall be taller than wide _
(c) The required percentage shall be achieved by multiple openings. Windows may be ganged
horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier
or wall section that is at least 7 inches wide.
(d) Glazing on upper stories shall not be flush with building surface material and shall be
recessed a minimum of 3 inches, except for bay windows and storefronts.
(e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building
corners (excluding bay windows and storefronts).
City Center - Lot C
Garden Street & Market Street
Landscape Estimate of Probable Cost
Revised 04-22-18
Item
Size
Unit
Cost*
Quantity
Subtotal
Trees
car x freemanii 'Sienna Glen'
Freeman Maple
2" - 2 1/2" Cal
$725
4
2, goo
cerpensylvanica
Striped Maple
1 1/2" - 2" Cal
$625
3
$1,875
cer rubrum Autumn Flame'
Red Maple
2" - 2 1/2" Cal
$725
1
$725
me/anchier x grandiflora
Apple Serviceberry
1 1/2 - 2" Cal
$600
1
$600
Betula nigra Heritage'
River Birch
2" - 2 1/2" Cal
$813
4
$3,250
Celtis occidentalis 'Prairie Pride'
Common Hackberry
2" - 2 1/2" Cal
$850
2
$1,700
Corpus alternifolia
Pagoda Dogwood
1 1/2" - 2" Cal
$375
3
$1,125
G/editsia triacanthos 'Imperial'
Honeylocust
2" - 2 1/2" Cal
$725
3
$2,175
G/editsia triacanthos 'Shademaster'
Honeylocust
2" - 2 1/2" Cal
$725
2
$1,450
Gymnocladus dioicus
Kentucky Coffeetree
2" - 2 1/2" Cal
$850
1
$850
Plantanus occidentalis
American Sycamore
2 1/2" - 3" Cal
$750
1
$750
Pinus strobus
Eastern White Pine
6'- 8' Height
$500
2
$1,000
Quercus rubra
Northern Red Oak
2" - 2 1/2" Cal
$725
3
$2,175
Shrubs - medium to large
me/anchier canadensis
Canada Serviceberry
18" - 24" Height
$90
13
$1,170
ronia arbutifolia 'Brilliantissima'
Red Chokeberry
18" - 24" Height
$80
6
$480
ronia melanocarpa 'Viking'
Black Chokeberry
18" - 24" Height
$80
8
$640
esculus parviflora
Bottlebrush Buckeye
18" - 24" Height
$80
10
$800
C/ethra alnifolia 'Ruby Spice'
Summersweet
18" - 24" Height
$90
9
$810
Cornus sericea 'Cardinal'
Red -osier Dogwood
18" - 24" Height
$80
5
$400
Cory/us americana
American Hazelnut
18" - 24" Height
$90
10
$900
Hamamelis virginiana
Common Witchhazel
18" - 24" Height
$90
13
$1,170
Ilex verticillata 'Winter Red'
W interberry (female)
18" - 24" Height
$88
6
$525
Ilex verticillata 'Southern Gentleman'
Winterberry (male)
18" - 24" Height
$88
1
$88
Ilex verticillata 'Jim Dandy'
W interberry (male)
18" - 24" Height
$88
7
$613
Lindera benzoin
Northern Spicebush
18" - 24" Height
$80
3
$240
Morella pensylvanica
Northern Bayberry
18" - 24" Height
$80
7
$560
Physocarpus opulifolia 'Center Glow'
Common Ninebark
18" - 24" Height
$90
2
$180
Prunus maritima
Beach Plum
18" - 24" Height
$80
6
$480
Rhododendron prinophyllum
Roseshell Azalea
18" - 24" Height
$100
2
$200
Thuja occidentalis 'Smaragd'
Northern White Cedar
3' - 4' Height
$150
0
$0
Viburnum dentatum
Northern Arrowwood
18" - 24" Height
$125
2
$250
Shrubs - small
ronia melanocarpa 'Low Scape'
Black Chokeberry
18" Height
$80
35
$2,800
Clethra alnifolia 'Sugartina'
Summersweet
18" Height
$78
25
$1,938
Comptonia peregrina
Sweeffern
18" Height
$45
17
$765
Diervilla lonicera 'Copper'
Northern Bush Honeysuckle
18" Height
$80
53
$4,240
Fothergilla gardenii
Dwarf Fothergilla
18" Height
$90
24
$2,160
Hypericum kalmianum 'Blue Velvet'
Kalm's St. Johnswort
18" Height
$80
44
$3,520
Ilex g/abra 'Compacta'
Inkberry
18" Height
$100
21
$2,100
Ilex verticillata 'Red Sprite'
W interberry (female)
18" Height
$75
89
$6,675
Juniperus virginiana 'Grey Owl'
Eastern Red Cedar
18" Height
$80
45
$3,600
Ka/mia latifolia 'Elf
Mountain Laurel
18" Height
$120
7
$840
Physocarpus opulifolia 'Tiny Wine'
Common Ninebark
18" Height
$90
43
$3,870
Potentilla fruticosa 'Mango Tango'
Shrubby Cinquefoil
18" Height
$68
39
$2,633
Rhus aromatica 'Gro-Low'
Fragrant Sumac
18" Height
$75
18
$1,350
Symphoricarpos orbiculatus
Coralberry
18" Height
$88
32
$2,800
Thuja occidentalis 'Hetz Midget'
Northern White Cedar
18" Height
$80
30
$2,400
Viburnum dentatum 'Blue Muffin'
Northern Arrowwood
18" Height
$90
25
$2,250
Total Estimate:
$74,020
Proposed construction costs
Building construction $11,000,000
Site work $550,000
TOTAL $11,550,000
Required Landscaping Value
$ 250,000 @ 3% $7,500
$ 250,000 @ 2% $5,000
$11,050,000 @ 1 % $110,500
TOTAL $123,000
Proposed Landscaping $74,020 trees & shrubs
Proposed building/wall mounted art $48,980 per LDR Section 8.08.G.(2)
TOTAL $123,000
Proposed building/wall mounted art is 39.8 % of the required landscaping value.
Maximum 40% of required landscaping value may be designated for landscaping options.
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CHT - 310 Garden Street
April 17, 2018
Water Design Flows
STATE
Unit type
# of Units
Unit Flow
Total Flow
1 bedroom
26
135
3,510 GPD
2 bedroom
20
270
5,400 GPD
3 bedroom
11
405
4,455 GPD
4 bedroom
3
540
1,620 GPD
TOTAL UNITS
60
Res. Units
TOTAL FLOW
14,985 GPD
Sewer Design Flows
STATE
Unit type
# of Units
Unit Flow
Total Flow
1 bedroom
26
140
3,640 GPD
2 bedroom
20
210
4,200 GPD
3 bedroom
11
210
2,310 GPD
4 bedroom
3
210
630 GPD
TOTAL UNITS
60
Res. Units
TOTAL FLOW
10,780 GPD
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Stormwater Management Summary
City Center — Lot D
310 Garden Street
April 19, 2018
r C - 7' !E®
APR18
�7 dington
Existing Conditions
The Project is located within the watershed of Tributary 3 of Potash Brook. Potash
Brook has been designated by the State for many years as impaired, not meeting Vermont Water
Quality Standards due to impacts of untreated stormwater runoff.
The project parcel is a formerly wooded tract of land located on the north side of Market Street. Trees
on the project parcel were recently cut (under a separate zoning permit associated with the conditional
use approval for clearing in a surface water buffer). A class 2 wetland and buffer associated with
Tributary 3 is located along the easterly project limits. The project parcel has frontage along the future
segment of Garden Street connecting Market Street and Midas Drive. The parcel generally slopes to the
south and east, toward Market Street and the wetland associated with Tributary 3. The stormwater
collection system along the adjacent segment of Market Street discharge to Tributary 3, immediately
south of the recently constructed box culvert crossing.
Soils within the project area are depicted on NRCS mapping as Adams and Windsor loamy sands and Au
Gres fine sandy loam. The NRCS has assigned the Adams and Windsor soils to hydrologic soil group
("HSG") A series soils and has assigned the Au Gres soils to HSG A/D. Extensive soil investigations were
performed by VHB during the design and permitting of the stormwater management system for the City
Center site development. The soil and groundwater data were used to refine the NRCS mapped HSG
designations (see VHB Application Narrative and sheet SW3 — Soil Investigations Plan).
City Center Stormwater Permit Status
An individual stormwater discharge permit (7736-INDS.A) was obtained for the lands owned by South
Burlington City Center, LLC. The permit approved a comprehensive approach to the stormwater
management system for the future site development along Market Street, as well as the future
construction of Garden Street and the associated site development. The stormwater collection system
along Market Street is subject to a separate permit associated with the City's reconstruction of the
street and utilities. The proposed permitted stormwater treatment practices for City Center consist of a
wet pond, five constructed wetlands, two bioretention areas, an infiltration trench/chamber system,
and simple disconnection. The proposed stormwater management system will also provide water
quality treatment for currently untreated stormwater runoff from 9.65 acres of offsite impervious
surface.
Proposed Conditions
Building 6, as identified on the permitted stormwater plans (by VHB) is located on Lot D, at the
northeast corner of the intersection of Market Street and Garden Street (future). Runoff from Lot D will
be conveyed to gravel wetland 2 (GW2). Stormwater from a portion of Garden Street (north of Market
InLamoureux & Dickinson Page 1
Consulting Engineers, Inc.
Street), as well as Buildings 6, 7, 8, 9, and a portion of Building 10 also drain to gravel wetland 2. Gravel
wetland 2 was designed and permitted to meet the water quality, channel protection (1 year), overbank
flood protection (10 year), and the extreme flood protection (100 year) treatment standards.
Proprietary devices are proposed for pretreatment, prior to discharge of collection runoff to gravel
wetland 2.
Runoff from Garden Street and Lot D will be routed through Contech Vortechs hydrodynamic
separators, prior to entering the gravel wetland. Overflow pipes are provided to bypass these structures
for larger storm events.
Gravel wetland 2 was designed and permitted for a contributing drainage area of 4.58 acres, including
4.46 acres of impervious surface. The following table summarizes the permitted and
proposed/constructed impervious surface:
Gravel Wetland 2 Drainage Data
Subwatershed description
Drainage area
Impervious surface
Lot D / 310 Garden Street
1.07 acres
0.87 acre
Garden Street (north of Market St)
0.66 acres
0.55 acre
Future development
2.85 acres
3.04 acres*
Approved TOTAL
4.58 acres
4.46 acres
* Note that the impervious surface exceeds the drainage area
Lot D Stormwater Permit Status
The development of Lot D is subject to State Discharge Permit 7736-INDS.A. The site development will
also require coverage under the VT Construction General Permit for stormwater runoff from the
construction site.
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ALL DISTURBED AREAS WITH SLOPES LESS THAN 3:1 NAO
AND QUALITY SARE SUBJECT OTANDARD OTHE POST F HET2 17 CONSTRUCTIONDEPTH
MANUAL STORMWATER
POND SLOPES ATERAN SOIL BERMS ARE NOT SUBJECT TO
THIS STANDARD. SEE DETAIL SHEET D4.
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L/ U GRES HNE SANIIV IOAM A / r• THE LOCATION OF THE MEASUREMENT.
\ ` / TEST M LOCATIONS LABELED 'GO' WERE PERFORMED BY GEO DESIGN IN
Q MAY 2013. DATA LOGGERS WERE SET IN MONITORING WELLS BETWEEN
\ GD TP6 2014-2015 AND RECORDED WATER LEVEL IN THE WELL.
Q t� QO /� SH W3 1 INFILTRATION TEST 3 N SHGWF y Q TEST PR LOCATIONS LABELED -CEA" WERE PERFORMED BY CIVIL
/7/ � Q ENGINEERING ASSOCIATES IN MAY 2015.
° / I GRES NNE SANDY LOAM P Q TEST PR LOCATIONS LABELED "VHB" WERE PERFORMED BY VHB IN
I \ \ ® AUGUST AND NOVEMBER 2011. "A'SER ES REFERS TO HAND AUGER
1,-Qy�) �) )� f� ^ ` ���iii .. / Q UCK AND PEAT LOCATIONS.
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INSPECT SYSTEM ANNUALLY IN ACCORDANCE WITH DEC PERMIT
REQUIREMENTS. SUBMIT COMPLETED ANNUAL INSPECTION FORM
TO DEC STORMWATER MANAGEMENT PROGRAM BY JULY 15TH OF
EACH YEAR.
BIORETENTION
• INSPECT SEASONALLY TO ENSURE THAT VEGETATION IS WELL
ESTABLISHED AND REMOVE WEEDS AND INVASIVE SPECIES.
ENSURE THAT NO VEGETATION IS RESTRICTING OR
CONCENTRATING THE FLOW PATH THROUGH THE SYSTEM.
• ANNUALLY INSPECT FOREBAY SEDIMENT DEPTH AND REMOVE AND
PROPERLY DISPOSE WHEN SEDIMENT ACCUMULATION EXCEEDS 12"
AS MEASURED ON THE FIXED VERTICAL SEDIMENT MARKER.
• IF STANDING WATER REMAINS FOR GREATER THAN 72 HOURS
AFTER A PERIOD OF HEAVY RAINFALL INSPECT RISERS AND
CLE ANOUTS FOR BLOCKAGES, AND REMOVE ANY BLOCKAGE
DISCOVERED.
• ANNUALLY INSPECT INLETS, OUTLETS, AND SURFACE AREA TO
ENSURE THAT NO VEGETATION IS RESTRICTING OR
CONCENTRATING THE FLOW PATH THROUGH THE SYSTEM.
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• DURING WINTER MONTHS SNOW SHALL NOT BE PUSHED INTO THE
BIORETENTION SYSTEM.
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• AFTER A PERIOD OF HEAVY RAINFALL INSPECT RISERS AND
/ CLEANOUTS FOR BLOCKAGES, AND REMOVE ANY BLOCKAGE
DISCOVERED,
DURING WINTER MONTHS SNOW SHALL NOT BE PUSHED INTO THE
BIORETENTION SYSTEM.
WET POND
ANNUALLY INSPECT INLETS AND OUTLET FOR VEGETATION THAT
O� IS RESTRICTING OR CONCENTRATING FLOW PATH THROUGH THE
SYSTEM. REMOVE ANY VEGETATION OBSTRUCTING FLOW.
INSPECT ACATCHBASNSECT ANNNUAUA SWIRL SEPARATORS
LLY. REMOVE SEDIMENT WHEN SEDIMENT
ACCUMULATION REACHES 50% OF STORAGE CAPACITY OF THE
SUMP.
ANNUALLY INSPECT FRAME, GRATE, AND RISERS FOR
L� DETERIORATION. / 0 35 70 140Feet
WSouth Burlington
City Center
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NCI — —ETAS «b PBS
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VLDEC Comments
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