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Home My WebLink AboutSP-18-38 - Decision - 0451 0465 0481 0495 Market StreetSP-18-38 Findings of Fact and Decision BLACK BAY VENTURES VIII, LLC — 451, 465, 481, 495 MARKET STREET SITE PLAN APPLICATION #SP-18-38 FINDINGS OF FACT AND DECISION Site plan application #SP-18-38 of Black Bay Ventures VIII, LLC to construct four multi -family buildings containing a total of 12 dwelling units, and associated parking and stormwater infrastructure on four (4) existing undeveloped lots, 451, 465, 481 and 495 Market Street. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT & CONCLUSIONS OF LAW 1. The applicant, Black Bay Ventures VIII, LLC, seeks site plan approval to construct four multi -family buildings containing a total of 12 dwelling units, and associated parking and stormwater infrastructure on four (4) existing undeveloped lots, 451, 465, 481 & 495 Market Street. 2. The owner of record of the subject properties is South Burlington City Center, LLC. 3. The subject property is located principally in the City Center Form Based Codes Transect 3 (T3) District, with a portion of the infrastructure located in the Transect 4 (T4) District. 4. The application was received on July 3, 2018. 5. The plan submitted consists of a set of plans and supplemental information, including: A 19-page set of engineering plans, prepared by Civil Engineering Associates, Inc, titled 12 Unit Housing Project Lower Market Street South Burlington, VT ■ Sheet C1.0, Existing Conditions Site Plan, dated 07/09/2018 • Sheet C1.1, Future and Proposed Site Conditions, dated 07/09/2018 ■ Sheet C1.2, Proposed Grading and Drainage Plan, dated 07/09/2018 ■ Sheet C1.3, Proposed Grading and Drainage Plan, dated 07/09/2018 ■ Sheet C1.4, Proposed Utility Plan, dated 07/09/2018 • Sheet C1.5, ESPC Plan, dated 07/09/2018 ■ Sheet C1.6, Proposed Sections, dated 07/09/2018 ■ Sheet C1.7, Proposed Retaining Wall Sections, dated 07/09/2018 ■ Sheet C1.8, Site Concrete Details and Specifications, dated 07/09/2018 ■ Sheet C2.0, Details, dated 07/09/2018 ■ Sheet C2.1, Details, dated 07/09/2018 ■ Sheet C2.2, Details, dated 07/09/2018 ■ Sheet C2.3, Erosion Control Notes and Details, dated 07/09/2018 ■ Sheet C3.0, Specifications, dated 07/09/2018 ■ Sheet C3.1, Specifications, dated 07/09/2018 ■ Sheet C3.2, Specifications, dated 07/09/2018 ■ Sheet C3.3, Specifications, dated 07/09/2018 ■ Sheet C3.4, Specifications, dated 07/09/2018 ■ Sheet C3.5, Specifications, dated 07/09/2018 A two (2) page set of survey plats, prepared by Civil Engineering Associates, Inc., titled 5 Lot Subdivision South Burlington City Center, Inc. Market Street South Burlington, Vermont ■ Sheet P1, dated June 1, 2018 ■ Sheet P2, dated June 1, 2018 southburlington PLANNING & ZONING SP-18-38 Findings of Fact and Decision An eight (8)-page set of architectural plans, prepared by G4 Design Studios, titled Market Street Phase #2 Blackbay Ventures South Burlington Vermont ■ Sheet A-1, Exterior Elevations, dated 7/3/2018 • Sheet A-2, Exterior Elevations, dated 7/3/2018 ■ Sheet A-3, Exterior Elevations, dated 7/3/2018 ■ Sheet A-4, Exterior Elevations, dated 7/3/2018 ■ Sheet A-1.0 Basement Plan, dated 3/29/2018 • Sheet A-2.0 First Floor Plan, dated 3/29/2018 ■ Sheet A-2.1 Second Floor Plan, Dated 3/29/2018 ■ Sheet A-1, Schematic Building Design, dated 7/2/2018 • A two (2)-page set of landscaping plans, prepared by VHB, titled 12 Unit Housing Project Market Street South Burlington Vermont: ■ Sheet LA-1.00, Planting Plan, dated July 10, 2018 ■ Sheet LA-2.00, Landscape Notes and Details, dated July 10, 2018 • A one (1)-page site lighting plan prepared by Walter M. Adams, Jr. Construction Consulting, Titled Market Street Apartments ■ Sheet LTG 0.1, Site Lighting, dated June 25, 2018 • Application, cover letter and supporting information from David Shenk: ■ Application for Site Plan Review ■ Cover letter dated July 8, 2018 ■ FBC Site Plan application submission checklist ■ T-3 Building Envelope Standards Checklist ■ Abutters list ■ Landscape budget estimate ■ Vermont Agency of Natural Resources draft Stormwater discharge permit ■ Supplemental letter and information: open space, lot coverage, lighting cut sheets ■ Draft affordable housing deed restrictions 6. Process Elements: a. The applicant provided a certificate of service indicating notice to abutting property owners dated August 1, 2018 b. The applicant held a pre -application meeting with staff on May 15, 2018 c. The applicant held a neighborhood meeting on August 13, 2018 at 160 Hinesburg Road, and provided a set of summary notes. d. The Administrative Officer deemed the application complete on September 20, following receipt of final comments from the Director of Public Works (7/31/2018), Police Department (7/30/2018) and Fire Department (5/15/2018). 7. Review Criteria: CITY CENTER FORM BASED CODES STANDARDS Section 8.03 Land Development and Building Placement southburlington PLANNING & ZONING SP-18-38 ( Findings of Fact and Decision A. Land Development. No land development shall be permitted except in full compliance with the applicable Building Envelope Standards (BES) and this Article. See below under Building Envelope Standards. B. Building Placement. (1) All new buildings, and all additions to buildings shall include at least one building facade located entirely within a Build -to -Zone, except as provided for below: (a) Buildings permitted in a T3 Cottage Court (b) As permitted under Section 8.11, Nonconformities; or, (c) Accessory structures The proposed buildings each include a building facade located entirely within the Market Street build -to - zone. B. Special Requirements, Prohibitions & Exceptions. Not applicable. Section 8.04 Blocks, Streets, and Alleys A. General Standards (1) Purpose... (2) Construction of streets (a) Where a building is proposed to be located on a lot that is adjacent to anew or extended street, such street shall be constructed by the applicant pursuant to Article 15 and in accordance with the requirements of Article 11, Street Typologies. (b) Where a building is proposed to be located on a lot that is adjacent to existing street, such street shall be upgraded pursuant to Article 15 and in accordance with requirements of Article 11, Street Typologies. The proposed project is located along Market Street, for which reconstruction is being undertaken in 2018 by the City of South Burlington. Project coordination is anticipated and expected, but no formal requirements for street construction are required of this project. (3) Perimeter and Length of Blocks. Not applicable. (4) Frontage Buildout. See below under Building Envelope Standards. (5) Connectivity. All existing or proposed streets shall connect directly at each end to another existing public street, or planned or proposed street listed as a qualifying street type in the applicable BES. Not applicable (6) Build -to -Zones. See below under Building Envelope Standards. B. Location of blocks and streets. (1) Applicability of block lengths and perimeters. The subject property is located within an exempt area. (2) Public Facilities on the Official Map. Not applicable C. Primary and Secondary Streets. Market Street is a Primary Street. southburlington 3 PLANNING & ZONING SP-18-38 Findings of Fact and Decision D. Primary and Secondary Building Facade determination. All building facades facing Market Street are primary building facades. E. Corner Radii; Clear zones. Not applicable. F. Alleys. A single, pre-existing shared driveway access used by the four building to the east of the subject properties is proposed to be used for access to these four building as well. Section 8.05 Parking A. On Street Parking. Market Street includes on -street parking in this area. B. Off -Street Parking placement. (1) Where all Frontage Buildout requirements have been met, off-street surface parking shall be permitted, but shall be set back a minimum of 25 feet from the closest street line. All off-street parking is set back more than 25 feet from the closest street line (Market Street) (2) ...(n/a) (3) ...(n/a) C. Structured Parking Lot Placement. Not applicable. D. Access to Off Street Parking. A single, pre-existing shared driveway access used by the four building to the east of the subject properties is proposed to be used for access to these four building as well. Section 8.06 Special Standards A. Civic Sites. Not applicable. B. Places of Worship. Not applicable. C. Drive Throughs. Not applicable. D. Service Stations. Not applicable. E. Buffer Strip. An eight -foot wide buffer strip is provided, with evergreen plantings of 6-7' in height interspersed with shade trees as required for parking areas, and with a stockade fence adjacent to the property line to the south. F. Required Minimum Stories, Combined Stories. The proposed buildings' second stories are at least 75% of the building footprint and extend at least 75% of the building facade along Market Street. G. Rooftop Elements and Uses; utilities. (1) Conceal rooftop devices. Not applicable. (2) Flat Roof Designs. Not applicable (pitched roof buildings) (3) Rooftop Use and structures. None proposed. (4) Utility features. Utility features, such as generators, gas lines or meters, or electrical meters, shall not be located on any facade parallel to and adjacent to a street and shall be screened from view of any such street. This standard is met. H. Alternate Compliance for Entrances in T4. Not applicable. southburlington 4 PLANNING & ZONING SP-18-38 Findings of Fact and Decision Section 8.07 Prohibited Materials No prohibited materials have been proposed. Section 8.08 Open Space Requirements The applicant has proposed 12 housing units. Minimum Open Space is calculated as follows: Required Amount: 12 housing units x 100 s.f. min per unit = 1,200 s.f. The applicant has proposed 1,500 s.f. of qualifying open space on -site. Type: The applicant describes the proposed open space in his letter of July 6, 2018 as follows: "This proposed development requires 100 square feet of Open Space per 8-1. The open space must be located on -site, which it is, and is not required to be part of public realm. Using Appendix F, this project is incorporating "Community Garden" area as part of the development See Sheet C1.1 of location of community gardens to be used by the residents. It is located on the South side and will have plenty of ample sunlight. Soils will be adequate for planting and exterior hose -bib will be provided to each tenant." The applicant elaborated in a subsequent letter dated July 8, 2018: "As requested, here is detailed explanation as to how this project meets the requirements of Appendix F. • Description: o See sheet C1.1 for location of gardens. They are labeled on the drawing as "community garden", typical of four locations. • Size: o The gardens total 1500 sf, the LDR require is minimum of 100 sf per dwelling unit or 1,400 sf. The garden area needs to be minimum of 400 sf in total to qualify as a Community Garden, this site has 1,500 sf which exceeds the minimum requirement. • Location & Access: o The proposed location of the Community Gardens are not located in any wetlands or wetland buffer. The soil will have proper unobstructed drainage. The Community Gardens are fully accessible by all dwelling units along the rear sidewalk. • Landscaping Design: o Community Gardens will be installed with adequate planting soil. Prior to planting, developer will have soil tested by The University of Vermont Agricultural & Environmental Testing Laboratory and UVM Extension. See attached sample Soil Test Submission Form. Subsequent of test results, PH and nutrients will be amended per soil test recommendations. Garden can be water via sillcocks located on the dwelling units, less than 20' from any garden area. • Sunlight and Wind: o The Community Gardens are located on south side of the project to provide it full sun- light." Section 8.09 Uses Allowed and Changes of Use. No prohibited uses have been proposed. southburlington PLANNING & ZONING SP-18-38 Findings of Fact and Decision Section 8.14 T-5 Building Envelope Standards See attached completed Building Envelope Standards checklist SITE PLAN REVIEW STANDARDS Section 14.06 Site Plan Review Standards A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. The proposed project is located in the Central District as enumerated in the 2016 Comprehensive Plan and the Medium to Higher intensity Mixed Use District. The Administrative Officer finds this criterion to be met. B. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. Building features are addressed above. Walkways are provided along the rear of building adjacent to parking areas and open spaces. Landscaping is addressed below. In an email to staff dated August 6, 2018, the applicant requested that front porches for buildings be located up to 6" (no closer) from the Market Street Right -of -Way. In an email dated August 13, 2018, the Director of Public Works indicated that this was acceptable, with the condition that the applicant indemnify the City against damages resulting from normal maintenance activities. The Administrative Officer finds this criterion to be met. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. The Administrative Officer finds this criterion to be met. (b) ...Not applicable (3) The height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. Building features are addressed above. The Administrative Officer finds this criterion to be met. C. Relationship of Structure and Site to Adjoining Area (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g. rhythm, color, texture, form or detailing), southburlington PLANNING & ZONING SP-18-38 Findings of Fact and Decision landscaping, buffers, screens, and visual interruptions to create attractive transitions between buildings of different architectural styles. Building features are addressed above. The Administrative Officer finds this criterion to be met. (2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. Building features are addressed above. The Administrative Officer finds this criterion to be met. Section 14.07 Specific Review Standards A. Access to abutting properties. The reservation of land maybe required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Curb cuts have been minimized by having a single driveway entry serve four (4) existing buildings and the four (4) proposed buildings. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. The plan indicates utilities will be underground. C. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (ie, non-dumpster, non -large drum) shall not be required to be fenced or screened. Waste disposal is proposed to be handled by constructing a detached enclosure. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. Building construction cost is estimated at $1,792,400. Required minimum landscaping is calculated as follows: Total Building Construction or Improvement Cost % of Total Construction/Improvement Cost Cost Up to $250,000 3% $7,500 Next $250,000 2% $5,000 Remainder over $500,000 ($1,292,400) 1% $12,924 Total: $25,424 southburlington PLANNING & ZONING SP-18-38 Findings of Fact and Decision The applicant has proposed $28,315 in total landscaping. The Administrative Officer finds this criterion to be met. In an email dated 7/31/2018 the City Arborist provided comments on the landscaping plan. The applicant has since updated the plans to incorporate the City Arborist's comments. The plans do indicate area(s) for snow storage. The applicant has proposed landscaping that meets requirements for screening of parking areas, and distribution throughout parking areas. The Administrative Officer finds the landscaping criteria to be met. E. Modification of Standards No modifications have been requested. F. Low Impact Development The plans were reviewed using the Stormwater Management Standards found in Section 12.03 of the LDRs. In an email dated March 6, 2018, the Assistant Stormwater Superintendent provided the following: A condition should be included requiring the applicant to regularly maintain all stormwater treatment and conveyance infrastructure. The Administrative Officer finds the stormwater standards to be met, with the condition recommended by the Stormwater Section. G. Standards for Roadways, Parking and Circulation The proposed project is to be built along Market Street, which is under re -construction by the City of South Burlington in 2018. The Administrative Officer finds this criterion to be met. OTHER Fire Department The Deputy Fire Chief has indicated that a fire hydrant must be placed in the vicinity of the project. A hydrant is shown on the Plan, with a note that final location will be determined with the City of South Burlington. Section 3.15 Energy Standards The Administrative Officer notes that all new building sections are subject to the Stretch Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. southburlington 8 PLANNING & ZONING SP-18-38 Findings of Fact and Decision Section 12.02 Wetland Protection Standards The applicant submitted a copy of an email from Dori Barton of Arrowwood Environmental in which she indicates that she conducted a site visit to the subject property on 10/11/17 and determined that there were no wetlands present. Section 13.07 Exterior Lighting The proposed project complies with the lighting standards. Lighting will be wall -mounted, downcast, and shielded. Section 13.14 Section 8.12(G) Bicycle Parking The proposed project includes three bicycle racks. No short -or long-term bicycle parking is required per Section 13.18. However, pursuant to Section 8.12(G), one rack of at least 5 spaces is required per 300' of lot frontage. The applicant has proposed three sets of racks totaling 12 spaces. This criterion is met. Section 18.01 Inclusionary Zoning C(1) Inclusionary Units. For covered development, at least five percent (5%) of the total dwelling units offered for rent or sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall be affordable to households having incomes no greater than 80% of the area median income (AMI) adjusted for household size. An additional five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater than 100% of the AMI adjusted for household size. An additional five percent (55vo) of the total dwelling units shall be affordable to households having incomes no greater than 120% of the AMI adjusted for household size. These proposed dwelling units are within the Project Area defined and approved with decision #MS-18- 05. Pursuant to approval #MS-18-05, a minimum of two (2) inclusionary units, one each affordable to households having incomes no greater than 100% and 120% of AMI adjusted for household size, shall be provided as part of this application. C(2) Inclusionary units required under this section shall be: (a) Constructed on site, unless off -site construction is approved under Subsection (E)(1)(b) (Off- Site Construction) of this Article, and integrated among market rate units in the development. These proposed dwelling units are within the Project Area defined and approved with decision #MS- 18-05. (b) Similar in architectural style and outward appearance to market rate units in the proposed development. (i) Inclusionary units shall be constructed with the same exterior materials and architectural design details used in market rate construction. Similar exterior amenities and landscaping shall also be provided. However, the exterior dimensions of the inclusionary units may differ from those of the market rate units. southburlington PLANNING & ZONING SP-18-38 Findings of Fact and Decision The proposed dwelling units are of a townhome style. These proposed dwelling units are within the Project Area defined and approved with decision #MS-18-05. (ii) Inclusionary units shall be no less energy efficient than market rate units; inclusionary units may differ from market rate units with regard both to interior amenities and to gross floor area. The average (mean) gross floor area of all inclusionary units, however, shall not be less than 70% of the average (mean) gross floor area of market rate units. These proposed dwelling units are within the Project Area defined and approved with approval #MS-18-05. All proposed buildings shall comply with the Stretch Energy Code. The mean gross floor area of all market rate units at the time of this application is 1,207 s.f. (1,200 x 10 units for this application and 1,212 x 15 units previously approved), requiring an average of not less than 844 s.f. in floor area for the inclusionary units. As of the time of this application, the average gross floor area of the inclusionary units within the Project Area is 1,107 s.f.. The Administrative Officer finds this standard to be met. (iv) inclusionary units developed as part of a single-family housing development may be accommodated in duplexes or multi family dwellings that resemble market rate single-family dwellings, as allowed within the City Center Form Based Codes District. N/A. (c) Constructed and made available for occupancy concurrently with market rate units. Buildings containing the last 10% of market rate units shall not receive certificates of occupancy until certificates of occupancy are issued for all buildings containing inclusionary units, including when the inclusionary units are provided off -site as provided for in Subsection (E)(1)(b) (Off -Site Construction) of this Article. These proposed dwelling units are within the Project Area defined and approved with decision #MS-18-05. D(2) Continued Affordability. An inclusionary unit shall remain affordable in perpetuity commencing from the date of initial occupancy, through a deed restriction, restrictive covenant, or through purchase by or a contractual agreement with a local, state or federal housing authority or nonprofit housing agency, to be reviewed by the City Attorney and approved by the City Manager prior to recording in the City of South Burlington Land Records. Prior to issuance of a zoning permit for the 4th dwelling unit, the applicant shall provide, in a form acceptable to the City Attorney, a deed restriction, restrictive covenant, or through purchase by or a contractual agreement with a local, state or federal housing authority or nonprofit housing agency demonstrating compliance with the requirements of Section 18.01(D)(2) for two dwelling units, one each affordable to households having incomes no greater than 100% and 120% of AMI adjusted for household size, shall be provided as part of this application. D(3) Reporting Requirements. Annually, the owner of a project that includes inclusionary rental units shall prepare and submit a report to the City Manager that lists the gross rents charged for inclusionary units and the household incomes of unit tenants, and certifies that unit affordability has been maintained as required. southb µ . 10 PLANNING & ZONING SP-18-38 Findings of Fact and Decision This requirement is addressed through decision #MS-18-05. E(1)(b) Off -Site Construction. The developer of a covered development may comply with the requirements of this section by constructing, within two years of receiving a permit for the covered development, the required number of inclusionary units on another site within the City Center Form Based Codes District, or contracting with another entity to construct the required number of units in the City Center Form Based Codes District. No off -site construction is proposed; see decision #MS-18-05. Vehicle Trio Generation PM Peak Hour Trips for the proposed development are calculated as follows for the purposes of overall Vehicle Trip Generation: 12 residential units [Land Use Code 220] = 9 VTEs BUILDING ENVELOPE STANDARDS See following pages southxa i'.,i o 11 PLANNING & ZONING SP-18-38 Findings of Fact and Decision 8.12 Citv Center T3 and T3+ Neighborhood Building Envelope Standards T3 and T3+ BES Standard Primary Building Secondary Building Applicant Criteria Facade Facade Information %Satisfied` Requirements Requirements (B) Lot Standards (1)'Lot Dimensions ( (a) Lot size None _._ .....................__.......__.._.................................. - __..... ....... — .. __............... ......... (b) Lot Width 70Min., 120' Max. [150' Max if Cottage 95', 85', 85', 100 v (2) Lot Occupation i s,� 7 � ��a:,n'Ipi —_ _. _ _ _.._ (a) Percentage of Lot Coverage 75% Max. varies, <75% v (b) Units per acre 4 Units per acre Min. 12.5 u/acre v I (C) Building Standards (1) BuildingT es (a) Detached single family dwelling Permitted (b) Two-family dwelling Permitted (c) Multi -family housing Permitted Triplexes (d) Detached mixed -use storefront Permitted (e)'Cottage Permitted (f) Accessory Structure Permitted (g) Carriage House Permitted _ .. Permitted ._........... ............... (h) Small -Lot Multi Family dwelling (2) Building Stories (a) Principal 1.5 Min.; 2.5 Max. (T3), 3.5 Max. (T3+) 2.5 v (b) Accessory 1 Max. n/a (3) Floor -to -Ceiling Height _ ._.. - __....... _........ _..___......_.... _.._... _.......... I ........ _. (a) First story 12' Max. 9' 1" v (b)' UpperStories 10' Max. (4) Build-toZone (a) Primary Build -to -Zone 5' Min., 20' Max. 5' Min., 30' Max. varies- T to 9' d (b) Secondary Build -to -Zone 5' Min., 30' Max. 5'. Min., 45' Max. n/a (c ) Side Setback, Principal Structure 8' Min., No Max. 8' Min., No Max. 10, (d) Rear Setback, Principal Structure 20' Min., No Max. not applicable 55' v (e)'Side Setback, Accessory Structure 8' Min., No Max. 8' Min., No Max. n/a (f) Rear Setback, Accesso Structure 8' Min., No Max. not applicable n/a (g) Setback from rear of Principal Structure for any 10' Min., No Max. No closer to street Accessory Structures than Principal n/a Structure (5) Frontage (a) Frontage Buildout INone None n/a (b) Percentage of Frontage Buildout within the Primary 75%Min., No Max. No Min., No Max. 1001/0 J Build -to -Zone (c ) Percentage of Frontage Buildoutwithin the 0% Min., 25% Max. No Min., No Max. 0 'Secondary Build -to -Zone (6) Entrances _.._ (a) Frequency of Public Entrances, non-residential first _._....._....__.._.__..........................._..........._..._... ._...._................. . 1 per unit Min. n/a story use (b), Maximum distance between Public Entrances, non- Not applicable residential first story use (c) Frequency of Operable Entrances, residential first 1 per unit Min., except as listed in Note 5 1perunit story use (d)' Maximum distance between Operable Entrances, not applicable ; residential first sto!y use (e) Frequency of Public Entrances on first story for non- 1 per upper story unit Min. n/a residential second story uses (f ) Frequency of Public Entrances on first story for upper 1 per 2 units (see notes 4 and 5) n/a residential story use southburlington 12 PLANNING & ZONING SP-18-38 Findings of Fact and Decision 1 8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards T3 and T3+BES Standard Primary Building Secondary Building Applicant Criteria Facade Facade Information Satisfied Requirements Requirements (7) Glazing (a)FirstStory Min. 30%of the Min. 15%of the length of the length of the building, and Min. 3' building, and Min 3' 45.15% in height in height (b), First Story, percent of glazing required to be 75% Min. 75% Min. 100% V ,transparent (c) Upper Stories Min. 25% of the Min. 12.5% of the length of the length of the building, and Min. 3' building, and Min 3' 27.69•�o J in height in height (d) Upper Stories, percent of glazing required to be 75% Min. 75% Min. 1000% V transparent ......._.-..... ___.__......_-.._..... ...................... _... _ ... ............................. ........ ............. ..... ..... ..._ . (8) i Building Breaks 21.5' d j (a) Buildin Horizontal Facade .._.._........ Min. 1every 24' Min. 1 every 36' (b) Single Span of Horizontal Facade Without a Break 24' Max. 36' Max. 21.5 V (9).Gara es m (a) Garage doors shall be either (i) located at a minimum of a 90degree angle to the street containing the primary building facade or (ii) set back a minimum of 10' from the rear of the n/a Principal Building (b) Notwithstanding (a) above, a single -car garage set back a minimum of 10' from the front facade of a Principal Building shall be permitted. n/a (c) Garage doors facing an alley are permitted and highly encouraged n/a (9) Supplemental Building Standards i' (a) Awnings, Stoops, Vestibules Encouraged porches V bAll homes in residential subdivision unless in Required cotta a court configuration) shall face street Met (c) Subdivisions will not be designed or laid out in a Required manner that will result in placing the rear of homes Met d next to streets. (d) Primary facades of homes shall face the street Required Met d (e)Variation in building facade encouraged and blank Encouraged walls strongly discouraged ..................................... Met J (f) To the extent possible, the narrow face of the Encouraged For each unit, building should be oriented to the street narrow portion d facing street (D) Block and Street Standards r.. ....... _......__.. (1) Blocks .........__.........._........ .._._............__..._e w_.__._._.......__..._................................ .......... ... ..._............................................. ........................................................... _......... ....... .............. ... ........... ...:_.._.......... ................................ ........... ..... _.................. (a) Perimeter 4,000' Max. n/a (b) Length 300' Min.,1,000' Max. n/a (c) Single block lengths greaterthan 500'shall include a publicly dedicated sidewalk, passage, or n/a trail at least 8' in width that connects to another street. southburlington 13 PLANNING & ZONING SP-18-38 Findings of Fact and Decision 8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards T3 and T3+ BES Standard Primary Building Fa4ade Requirements Secondary Building Fa§ade Requirements Applicant Information Criteria Satisfied PF (2)Street Types (a) Neighborhood Street Permitted, Qualifies as a Street (b) Neighborhood Street Narrow Permitted, Qualifies as a Street (c) Neighborhood Street/ Bike Boulevard Permitted, Qualifies as a Street (e) Support Street Permitted, Qualifies as a Street (f)' Market Street Permitted, Qualifies as a Street Market Street d (g)', Lane Permitted Connection, Not a Street (h) Alley Permitted Connection, Not a Street (i) Path Permitted Connection, Not a Street (j) Pedestrian Pass Permitted, Qualifies as a Street (k)'All other streets Prohibited (3) Curb Cuts (a) On Market Street — ................ ..._._.._...._ (b) All other streets (E ) Parking Standards 400' Min. distance between curb cuts ..................-_ -___._._.._..........--..-- - 70' Min. distance between curb cuts Use existing-� V (1)! Parking Amount Requirements III„,14�k,M�„(��}�';3 (a)' Per Residential Unit 1 Min, 3 Max. 2 d (b)Per1,000gross s.f.Non-Residential 2spaces Min. n/a (2) Location &Screening (a) New construction resulting in additional non-residential gross floor area or residential units shall meetT3 and T3+ Parking Standards n/a (b) New parking is allowed in the side yard None V (c )Parking spaces maybe leased from the city ora private landowner n/a (d) New parking spaces shall be screened from all streets and the public realm, a minimum of four (4)feet in height None facing street V (e); Parking under structures is encouraged none d _ (f)'' Parking shall only be permitted in compliance with applicable BES standards Met V (g) Residential: all parking shall be located to the side or rear of buildings (h) Non-residential: all parking shall be on -site and located behind the Principal building (F) Supplemental District Standards Rear d n/a (1); Where a T-3 Lot abuts a non-FBC District, the following standards shall apply: F(a)' A buffer strip shall be required ______.-.. _._.. (G) Streetscape Standards Provided ..._ d r (1)!General Standards (a) Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. (b) All features proposed within an existing, proposed, or planned public ROW shall comply with j I Ire uirements of the Department of Public Works. _.m._. _ (c jProposed development shall comply with all requirement of Article 11 (2) Streetsca a requirements Landscaped Market Street V _ a) Benches As determined by DPW Market St Design- n/a (b), Bicycle Racks for at least 5 bikes 1 Min. per 300' frontage Market St Design n/a (c )Street Tree Spacing, on center 50' Max. average Market St Design n/a southburlington 14 PLANNING & ZONING SP-18-38 Findings of Fact and Decision o i i r;+., ro.,+73 A 73.i D..:I. ;-- C.....,1....., C+.,...JA U.- 1.1 LY GGIILGI IJ u"I IJ. 1\GI511-111VVY YM11-115 LI IVGIWF/ JLPIINPI"a T3 and T3+BES Standard Primary Building 'Secondary Building Applicant Criteria Facade Facade Information Satisfied Requirements Requirements Notes (1) If a corner lot is 100' or less in 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 n/a shall be reduced by 50% on the street containing the secondary building facade. __...-..-__............._....................�......... - ......... --_........-........_ _......... (2) Upper Story Glazing Shall comply with the following standards: ....................__.._........----.............................._T ....-........._.....1—........................... --_._.................._.......... _... _......................... _._...._.._....._............ -........ _... _...... _........... ..._.— _ ...............- (a) Upper story glazing shall be a minimum of 30 percent of the facade on the primary building facade and 20%on secondary building facades. 32% d (3) For a lot or property to be developed or improved, lot width requirements shall be met. Met V (4) Public and Operable Entrances for Upper Story Units: n/a (a) All second story units facing a Street shall have a balcony of at least 6' in depth or a rooftop n/a patio (b) For corner units, the balcony shall be required along the Primary Street v� _ n/a (c ) No units located entirely on the third story shall be permitted. n/a (5) Permitted on lots existing as of March 24, 2016which have less than 100' of frontage on an existing street and are less than 1/2 acre in area. A single such lot may contain either one carriage house or n/a one small -lot multi -family dwelling DECISION Based on the above Findings of Fact, the Administrative Officer herby approves site plan application #SP-18-38 of Blackbay Ventures Vill, LLC., subject to the following conditions: 1. All previous approvals and stipulations which are not changed by this decision, will remain in full effect. 2. This project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 3. Prior to permit issuance, the applicant must post a landscaping bond for $25,4245. The bond must remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 4. All products installed in the qualifying open space must be of high quality materials intended to be used for commercial application, pursuant to Appendix G. 5. The applicant must receive final water and wastewater allocation prior to issuance of a zoning permit. 6. Prior to issuance of a zoning permit, all appropriate legal documents including easements (e.g. certificate of title, 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. 7. Prior to the issuance of a zoning permit, the applicant shall provide the City with documentation indemnifying the City against damages resulting from normal maintenance activities along Market Street in a form acceptable to the City Attorney. 8. The applicant shall regularly maintain all stormwater treatment and conveyance infrastructure. southburlington 15 PLANNING & ZONING SP-18-38 Findings of Fact and Decision 9. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 10. Prior to issuance of a zoning permit for the 4tn dwelling unit, the applicant shall provide, in a form acceptable to the City Attorney, a deed restriction, restrictive covenant, or through purchase by or a contractual agreement with a local, state or federal housing authority or nonprofit housing agency demonstrating compliance with the requirements of Section 18.01(D)(2) for two dwelling units, one each affordable to households having incomes no greater than 100% and 120% of AMI adjusted for household size, shall be provided as part of this application. 11. No zoning permit for 41n dwelling unit shall be issued prior to issuance of a zoning permit that contains one (1) dwelling unit at 100% of median income and one (1) dwelling unit at 120% of median income. 12. The applicant must obtain a zoning permit within six (6) months pursuant to Section 17.04 of the Land Development Regulations or this approval is null and void. 13. All exterior lighting must be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 14. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of any building. 15. All new buildings are subject to the Stretch Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. 16. Any change to the approved plan will require approval by the Administrative Officer. 17. The site plans must be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies must be submitted to the Administrative Officer prior to zoning permit approval. a. Sheet labelled "Sheet A-1, Schematic Building Design, dated 7/2/2018" shall be relabeled with a new drawing number that does not conflict with another drawing number. Signed on this Z � - day of SW�iCIAEE/Z , 2018 by oz��7 '004, Paul B. Conner, Administrative Officer PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist. southburlington 16 PLANNING & ZONING