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Home My WebLink AboutSP-09-19 - Decision - 0099 Swift Street#SP-09-19 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING NINETY-NINE SWIFT STREET ASSOCIATES, LLC — 99 SWIFT STREET SITE PLAN APPLICATION #SP-09-19 FINDINGS OF FACT AND DECISION Ninety Nine Swift Street Associates, LLC, hereinafter referred to as the applicant, is seeking site plan approval to amend a previously approved plan for a 22,500 sq. ft. general office building. The amendment consists of converting 7,500 sq. ft. of general office use to medical office use, 99 Swift Street. The Development Review Board held a public hearing on April 7, 2009. Matt Wamsganz represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking site plan approval to amend a previously approved plan for a 22,500 sq. ft. general office building. The amendment consists of converting 7,500 sq. ft. of general office use to medical office use, 99 Swift Street. 2. The application was received on March 5, 2009. 4. The owner of record of the subject property is Ninety -Nine Swift Street Associates, LLC. 5. The subject property is located in the Swift Street Zoning District. 6. The plan submitted is entitled, "Proposed Parking Improvements," prepared by Civil Engineering Associates, Inc., dated March, 2009. Zoning District & Dimensional Requirements: Swift Street Zoning District Required [_ Proposed �l Min. Lot Size 20,000 S.F. 54,200 S.F �I Max. Building Coverage 40% 14.4% �I Max. Overall Coverage 70% 65.7% Max. Front Yard Coverage 30% 22.7% �l Min. Front Setback 30 ft 92.8 ft Min. Side Setback 10 ft. 14.9 ft. 4 Min. Rear Setback 30 ft. 30 ft. � Max. Building Height 40 ft. <40 ft. 1 I:\Development Review Boa rd\Findings_Decisions\2009\99Swift\99Swift_SP0919_ffd.doc #SP-09-19 Zoning Compliance SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) 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. There are no changes to the accessibility or transition between structures as a result of this proposal. The current building is accessed via a 30 foot drive which is the shared access for Farrell Park. This is an acceptable width. No changes to the access are needed. Based on 15,000 square feet of general office and 7500 square feet of medical office, 90 parking spaces are provided. The site plan includes parking for 82 vehicles. This would be a parking waiver of 8 vehicles, or 8.9%. Because parking requirements for the current use had been higher at the time the building was constructed, 90 parking spaces was the requirement for the existing use and the site already has a parking waiver of exactly 8 spaces. Therefore, there is no change in the parking waiver. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is located to the front and side of the building as viewed from Swift Street. This was built prior to the inclusion of this standard in the regulations. The proposed change in use would not warrant any changes of this scale to the proposed site. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The height of the building will be below the maximum height of 40 feet for a peaked roof. No height waivers are requested or needed. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. The South Burlington Water Department has reviewed the plans and stated that no changes or additional allocation will be necessary. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The proposed project does not fall within a design review district. However, the Board finds that the existing building is attractive and appropriate and has served to visually enhance the area. 2 I:\Development Review Boa rd\Findings_Decisions\2009\99Swift\99Swift_SP0919_ffd.doc #SP-09-19 (f) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The proposed project does not fall within a design review district. However, the Board finds that the existing building is attractive and appropriate and has served to visually enhance the area. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. At this time, there are no additional opportunities for connecting access to surrounding properties. As already stated, the access drive is shared with Farrell Park. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) 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). The plans shows proposed dumpsters are adequately screened (d) Landscaping and Screening Requirements As there is no new construction, no additional landscaping shall be required. The applicant did rearrange the existing landscaping plan as a small cut in the green strip to the front required the movement of some trees. Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall depict snow storage areas that will minimize the potential for run-off. Adequate snow storage areas are shown on the plans. A bicycle rack is depicted on the plans Lighting 3 11Development Review Boa rd\Findings_Decisions\2009\99Swift\99Swift_SP0919_ffd.doc #SP-09-19 Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of -way. No new lighting is proposed. Traffic The conversion of 7,500 square feet of general office use to medical office use is estimated to generate an additional 14.82 pm peak vehicle trip ends. DECISION Motion by seconded by 461--X �� C C to approve Site Pla'k Application # P-09-19 of Ninety -Nine Swift Street sub'J t to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. This project shall be completed as shown on the plans submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The applicant shall 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. 4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy by new medical office use. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr —nay/abstain/not present Mark Behr —& Matthew Birmingham — yealnay/abstain/not present John Dinklage — yea/nay/abstain not present Roger Farley —tytrnay/abstain ay/abstain/not resent Eric Knudsen — of present Peter Plumeau — yea/nay/abstain not present Gayle Quimby—,yea/nay/abstain/not presen Motion carried by a vote of _�- D- C Signed this of r 2009 b 9 � Y Y Mark Behr, Vice Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). 4 I:\Development Review Boa rd\Findings_Decisions\2009\99Swift\99Swift_SP0919_ffd.doc