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HomeMy WebLinkAboutSP-24-38 - Decision - 0054 0056 West Twin Oaks Terrace#SP-24-38 - 1 – CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SHAWNIA MAYNARD – 54-56 WEST TWIN OAKS TERRACE SITE PLAN APPLICATION #SP-24-38 FINDINGS OF FACT AND DECISION Shawnia Maynard, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for two commercial buildings totaling 18,248 sf. The amendment consists of converting the use of 1,000 sf from medical office use to personal service use, resulting in 13,396 sf of general office use, 3,852 sf of medical office use, and 1,000 sf of personal service use, 54-56 West Twin Oaks Terrace. 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 two commercial buildings totaling 18,248 sf. The amendment consists of converting the use of 1,000 sf from medical office use to personal service use, resulting in 13,396 sf of general office use, 3,852 sf of medical office use, and 1,000 sf of personal service use, 54-56 West Twin Oaks Terrace. 2. The owner of record of the subject property is Oak Hill Partners, LLC. 3. The subject property is located in the Residential 7 (R7) Zoning District and the Transit Overlay District. Portions of the property not proposed to be impacted by this application are within the River Corridor Overlay District, Wetland Advisory Layer, and the 100-Year Floodplain. 4. The application was received on October 11, 2024. The City Council published notice of a public hearing on draft amendments to the land development regulations on August 22, 2024. Pursuant to 24 VSA 4449(d), any new application filed after the date of the notice shall be reviewed under the proposed amendment and applicable existing bylaws and ordinances pending Council action on the amendment. There are no differences between the two sets of standards affecting this application. In cases where the two sets of standards would differ, compliance with the more restrictive standard applies. 5. The plans submitted include a plan sheet entitled “Site Plan”, prepared by Fitzpatrick-Llewellyn in August 1986 and last revised by John Cole on October 11, 2024. Only the standards below are affected by this application. All other standards will continue to be met. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS There are no exterior alterations or changes to the dimensional requirements. The proposed bike rack is being installed in an existing vehicle parking spot, so no additional impervious surface is proposed. SITE PLAN REVIEW STANDARDS 14.07 Disposal of Wastes 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 applicant has testified that the existing dumpster enclosure meets all applicable standards. The Administrative Officer finds this criterion met. #SP-24-38 - 2 – OTHER STANDARDS 13.01 Transportation Demand Management This standard is part of the draft LDR amendments applicable to this application. A. Purpose. Transportation Demand Management (TDM) is a strategy to increase the overall efficiency of the transportation system by diversifying transportation options and reducing single-occupancy vehicle (SOV) trips and/or vehicle miles traveled (VMT). The primary objectives of TDM are to mitigate traffic congestion, reduce vehicle emissions, provide users mobility choice, and improve community livability. B. Applicability. (1) TDM requirements shall apply in all zoning districts and to land development as follows: (a) Master plans shall apply TDM requirements to the entire area of land development, or to each phase if the project includes phasing. (b) Site Plan Review shall apply TDM requirements. This application for Site Plan review triggers applicable TDM requirements. C. Calculation Of Trips Generated. (1) Reference Materials. Trips generated will be evaluated using the methodology established in Appendix B. The proposed conversion of 1,000 sf of the existing 18,248 sf located within two commercial buildings from medical office use to personal service use will not constitute an increase in the trip generation of the subject property – as such, the proposed change of use does not generate any new traffic impacts, and the remainder of Section 13.01 does not apply to this application. 13.03 Bicycle Parking and Storage The proposed configuration of uses requires four short-term bike parking spaces. The applicant is proposing to install four ‘inverted-U’ style bike racks, thereby providing eight short-term bike parking spaces, in an existing paved vehicle parking space that will be protected from motor vehicle traffic via the installation of curbing. This project does not necessitate the creation of a long-term bike storage area. The Administrative Officer finds this criterion met. 13.04.B(7) Snow Storage 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 snow storage areas are indicated on the site plan. The Administrative Officer finds this criterion met. 13.07 Exterior Lighting 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. #SP-24-38 - 3 – Water & Wastewater Allocation The proposed conversion of 1,000 sf of the existing 18,248 sf located within two commercial buildings from medical office use to personal service use will not result in a wastewater generation that exceeds the previously approved wastewater generation for the subject property – as such, the proposed change of use does not generate any new wastewater impacts. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves Site Plan Application #SP-24-38 of Shawnia Maynard, 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 approved shall be on file in the South Burlington Department of Planning and Zoning. 3. The Administrative Officer hereby issues Zoning Permit #ZP-24-350. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 5. Bicycle racks must meet the minimum requirements of Section 13.14 and Appendix G. 6. Any exterior lighting shall be downcast and shielded per Section 13.07 of the Land Development Regulations. 7. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of the new personal service use. 8. 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 16th day of October, 2024 by ___________________________________________ Marty Gillies, Acting 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 802.879.5676 to speak with the regional Permit Specialist.