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HomeMy WebLinkAboutSP-22-053 - Decision - 0007 Fayette Road#SP-22-053 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MILOT LARKIN PARTNERSHIP, LLP – 7 FAYETTE ROAD SITE PLAN APPLICATION #SP-22-053 FINDINGS OF FACT AND DECISION Milot Larkin Partnership, LLP, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for an existing planned unit development consisting of 210 residential units, a four-story 47-unit residential building, a 60 unit multi-family building with 17,976 sq. ft commercial space, 134 additional units of multifamily housing, 14,266 additional sf of mixed commercial uses, a 20,000 sq. ft. movie theater building (1,000 seats), a 22,500 sq. ft. restaurant/medical office, a 3,500 sq. ft. restaurant with drive through services, a bank with drive-through service, a 93-room hotel, and an open space with passive recreation and dog park. The amendment consists of converting one existing parking space to an ADA-accessible parking space, 7 Fayette Road. 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 1. The applicant is seeking to amend a previously approved plan for an existing planned unit development consisting of 210 residential units, a four-story 47-unit residential building, a 60 unit multi-family building with 17,976 sq. ft commercial space, 134 additional units of multifamily housing, 14,266 additional sf of mixed commercial uses, a 20,000 sq. ft. movie theater building (1,000 seats), a 22,500 sq. ft. restaurant/medical office, a 3,500 sq. ft. restaurant with drive through services, a bank with drive-through service, a 93-room hotel, and an open space with passive recreation and dog park. The amendment consists of converting one existing parking space to an ADA-accessible parking space, 7 Fayette Road. 2. The owner of record of the subject property is Milot Larkin Partnership, LLP. 3. This project is located in the Commercial 1 – Automobile Zoning District and is subject to Site Plan Review Standards, Urban Design Overlay District standards, Transit Overlay District, Traffic Overlay District Zone 2. 4. The application was received on October 31, 2022. 5. The plans submitted consist of the following: Sheet No Plan Description Prepared by Last Revised Date C-1.00 Accessible Parking Overall Property Plan Krebs & Lansing 11/08/2022 SITE PLAN REVIEW STANDARDS Only the standards below are affected by this application. All other standards will continue to be met. 13.03 Bicycle Parking and Storage #SP-22-053 1. Table 13-3 specifies the minimum number of short-term bicycle parking spaces for any office, restaurant, or retail use to be one space per 5,000 SF FGA. The subject property is part of a larger planned unit development but sits on its own 4.12-acre parcel within that PUD. This 4.12-acre parcel is presently developed with 26,330 SF GFA of office, retail, and restaurant uses, requiring six short- term bicycle parking spaces. As this is the second Site Plan application submitted for development on this parcel since the adoption of Article 13.3, the applicant must meet 100% of the minimum requirement, and the proposed parking spaces must adhere to the design guidelines laid out in Section 13.03.B(2) of the LDRs. There are six proposed short-term bicycle parking spaces indicated on the site plan. The Administrative Officer finds this criterion met for this property. However, Site Plan applications that pertain to other parcels within this same planned unit development and Site Plan applications that propose to expand the square footage of the uses proposed on the subject parcel will be required to install additional bicycle parking spaces as stipulated by this regulation. 13.04.B(7) Snow Storage 2. Per Section 13.04(B)(7), “snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface water.” The existing snow storage area meets these standards, and no impacts to snow storage are being proposed as part of this application. 13.07 Exterior Lighting 3. Per Section 13.07.A, exterior lighting “shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or street”. There are no lighting impacts proposed as part of this application. 14.07 Disposal of Wastes 4. Per Section 14.07.I, dumpsters “shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s)”. The existing dumpster and screening fence meets these standards, and no changes or alterations to the dumpster enclosure are being proposed as part of this application. As such, the Administrative Officer finds this criterion met. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-22-053 of the Milot Larkin Partnership, LLP, subject 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 plan and shall be on file in the South Burlington Department of Planning and Zoning. 3. The applicant must obtain a zoning permit within six (6) months from the date of this decision or this approval expires and is null and void. The applicant may submit a request for an extension to obtain a zoning permit under the terms outlined in Section 17.04 of the LDR’s, but the request must be submitted prior to the expiration of this approval. #SP-22-053 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the amended features. 6. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 7. Any change to the site plan shall require approval by the South Burlington Administrative Officer or the Development Review Board, as allowed under the Land Development Regulations. Signed on this _22nd day of November, 2022 by _______ Marty Gillies, Acting Administrative Officer Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.