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Home My WebLink AboutSP-13-32 - Decision - 0080 Eastwood Drive#SP-13-32 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TWENTY JOY DRIVE ASSOCIATES, LLC 20 JOY DRIVE SITE PLAN APPLICATION #SP-13-32 FINDINGS OF FACT AND DECISION Twenty Joy Drive Associates, LLC, hereinafter referred to as the applicant, is seeking Site Plan approval to convert 5,000 SF of general office space to medical office space, 20 Joy Drive. The Development Review Board held a public hearing on July 16 and August 20, 2013. Eric Farrell represented the applicant. Based on testimony provided at the file for this application, the Development Review Board finds, concludes, and decides above mentioned public hearing and the plans and supporting materials contained in the document the following: FINDINGS OF FACT 1. Twenty Joy Drive Associates, LLC, hereinafter referred to as the applicant, is seeking site plan approval to convert 5,000 SF of general office space to medical office space, 20 Joy Drive. 2. The owner of record of the subject property is the Twenty Joy Drive Associates, LLC. 3. The application was received on June 5, 2013. 4. The subject property is located in the Commercial-1 / Residential-15 Zoning District. 5. The plans submitted consist of a one (1) page set of plans, page one (1) entitled "78 Eastwood Drive Proposed Residential Development", prepared by Civil Engineering Associates, Inc., dated October 2010 and last revised on 11-21-11. The applicant is seeking re -approval of a conversion of space previously approved by the Board on March 20, 2012 with the property in its Findings of Fact & Decision, #SD-11-52. In that application, F&M Development Co. LLC, sought final plat approval to amend a previously approved planned unit development consisting of. 1) razing an existing health club, 2) subdividing a 2.67 acre parcel into two (2) lots of 1.42 acres & 1.25 acres, 3) constructing a 49 unit multi family dwelling, 4) constructing a 62 unit multi family dwelling, 5) converting 5000 sq. ft. of general office use to medical office use (38 Eastwood Dr.) and 5) including the adjacent two (2) developed properties at 20 Joy Drive and 38 Eastwood Drive into the proposed PUD. The amendment consists of.1) converting the proposed 49 unit multi family dwelling to a 47 unit congregate C:\Documents and Settings\ray\Local Settings\Temporary Internet Files\0LK45\SP_13_32_20JoyDrive_ffd.doc #SP-13-32 care housing facility, 2) increasing the number of multi family dwelling units in the south building from 62 units to 63 units, and 3) other minor building and site modifications, 78 & 80 Eastwood Drive. In its findings, the Board used a shared parking analysis and found the following: Parking requirements- the existing approval with parking waiver was dependent upon a shared parking analysis. The change in use from residential units to congregate care units results in a reduced demand of parking. a. According to the LDRs, 399 parking spaces would be required if each use were to be built independently on their own lot, without any sharing. A shared parking analysis provides a common sense approach as those spaces which typically would peak in demand at one time would be able to complement those uses which would peak at different times. Residential uses are very complimentary to office uses, each typically having peaks at opposite times of the day, with some overlap in mid morning and late afternoon. As can be seen in the spreadsheet, 289 parking spaces are needed at the peak hour of 9 am- when the most spaces are needed by all of the involved uses. This new peak demand number will thus become the base number for required parking. 299 parking spaces are proposed on site. If 15 parking spaces are reserved and removed from the shared parking analysis, then 284 parking spaces are provided for sharing. This is a shortfall of 5 spaces from the peak parking demand. Therefore, the applicant is requesting a parking waiver of 5 spaces, or 1.7%. b. As a shared analysis already provides for a substantial amount of relief and consideration for actual use in an urban setting (ITE surveys typically occur in settings not altogether dissimilar to the proposed site), the Board would not support a large waiver of parking requirements. However, the 5 space or 1.75vo is reasonable and the Board is comfortable with the requested waiver and the proposed amount of parking. c. The Board accepts a shared parking analysis, acknowledges a peak demand of 303 parking spaces, and grants a parking waiver of 8 spaces or 2.6%. d. The Board stipulates that the 15 parking spaces proposed reserved for medical office use be signed so as to limit their reservation to business hours. Although the independent review recommends 8-5 pm, the Board is comfortable with reservation from 7 am to 7pm. This still allows for ample residential parking overnight. Fifteen (15) parking spaces may be reserved for the medical office use. They shall be available for shared use between the hours of 7 pm and 7 am. Signage shall reflect this accordingly. All other spaces within the PUD described above, with the exceptions noted above, and those reserved for handicapped accessibility, shall be shared amongst all users and visitors of the PUD. However, the applicant did not move forward in a timely manner with item 5 to convert 5000 sq. ft. of general office use to medical office use at 38 Eastwood Drive. The applicant is now requesting the Board's approval to authorize conversion of 5,000 sq. ft. of general office use to medical use at the 20 Joy Drive building. Such a change does not change the parking analysis previously approved by the Board. The Board has no concerns with this request. C:\Documents and Settings\ray\Local Settings\Temporary Internet Files\OLK45\SP_13_32_20JoyDrive_ffd.doc 2 i #SP-13-32 DECISION Motion by Michael Sirotkin, seconded by David Parsons, to approve the site plan application #SP-13-32 of Twenty Joy Drive Associates, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plat 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 use or occupancy of the newly converted space. 5. The Board approves a shared parking analysis, acknowledging a peak demand of 303 parking spaces, and grants a parking waiver of 8 spaces or 2.6%. 6. The Board stipulates that the 15 parking spaces proposed reserved for medical office use be signed so as to limit their reservation to business hours. Fifteen (15) parking spaces may be reserved for the medical office use. They shall be available for shared use between the hours of 7 pm and 7 am. Signage shall reflect this accordingly. All other spaces within the PUD described above, with the exceptions noted above, and those reserved for handicapped accessibility, shall be shared amongst all users and visitors of the PUD. 7. Any changes to the site plan shall require approval of the South Burlington Development Review Board. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present David Parsons yea nay abstain not present Michael Sirotkin — yea nay abstain not present Jennifer Smith — yea nay abstain not present The application was approved by a vote of 5 — 0 — 0 ,/ J e y Signed this l'3 day of I� CMv 2013 b Tim Barritt, Clerk C:\Documents and Settings\ray\Local Settings\Temporary Internet Files\0LK45\SP_13_32_20JoyDrive_ffd.doc 3 #SP-13-32 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://vermont*udiciarV.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 802.879.5676 to speak with to speak with the regional Permit Specialist. C:\Documents and Settings\ray\Local Settings\Temporary Internet Files\OLK45\SP_13_32_20JoyDrive_ffd.doc 4