HomeMy WebLinkAboutSD-11-52 - Decision - 0080 0078 Eastwood Drive#SD-11-52
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
F&M DEVELOPMENT COMPANY LLC
78 & 80 EASTWOOD DRIVE
FINAL PLAT APPLICATION #SD-11-52
FINDINGS OF FACT AND DECISION
F & M Development Company, LLC, hereafter referred to as the applicant, is seeking 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 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.
The Development Review Board held a public hearing on February 21, 2012. Eric Farrell
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. F & M Development Company, LLC, hereafter referred to as the applicant, is seeking 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 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.
2. The owners of record of the subject property are EF Frrell, LLC; DB Morrissey, LLC; 20 Joy
Drive Associates; and 60 Farrell Street Associates.
3. The application was received on December 29, 2011.
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4. The subject property is located in the C1-R15 Zoning District.
5. The plans submitted consist of a 13 page set of plans, page two (2) entitled "Overall Proposed
Conditions Plan", prepared by Civil Engineering Associates, Inc, dated October, 2010, last
revised on 11 /21 / 11.
The Board evaluated the proposal for the following: 1) allowability of use; 2) traffic impacts; 3)
parking requirements; 4) affordable housing requirements; 5) minor modifications to building
elevations, and 6) site plan changes.
1. Allowability of use- Congregate care housing is allowed in the district. Furthermore, the
subject lot falls within the Transit Overlay District, a requirement for congregate care
housing intended to enable residents most likely to require public transportation the
ability to utilize such transportation.
2. Traffic impacts- The Board received a traffic analysis from the applicant's engineer. The
traffic generation is reduced with the decrease in overall units and the change to
congregate housing. The project was originally approved with zero additional trip ends.
There are zero additional trip ends resultant from this change in use.
3. 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 1.7% 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
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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.
4. Affordable Housing Requirements- the proposal no longer includes affordable housing
provisions or specific affordable units or associated density bonus. The subject property
is 7.58 acres and so the maximum density is 113 units. The applicant is proposing 93
units. The congregate housing units, per the South Burlington Land Development
Regulations, are not counted towards residential density. The applicant has provided
evidence that the 47 proposed congregate care units meet the definition for congregate
care housing:
a. Congregate housing. A housing facility that has significant facilities and services
specifically designed to meet the physical or social needs of older or handicapped
persons. Significant facilities and services may include, but are not limited to,
social and recreational programs, continuing education, information and
counseling, recreational, homemaker, outside maintenance and referral services,
emergency and preventive health care programs, congregate dining facilities, and
transportation to social, medical, or personal services.
5. Building elevation changes -
a. Add a west -facing porch on the first floor of the North building;
b. Delete the verandas on the 4th floor of each building;
c. Elevation changes to reflect changes from verandas to replacement with
residential units
6. Site Plan changes
a. Add a service entrance off Joy Drive to access the community kitchen in the
North building (senior housing). This area to be for deliveries only and is not to
be used for other employee / resident use.
DECISION
The Development Review Board hereby approves Final Plat Application
#SD-11-52 of F&M Development Company, 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. Condition #20 of the original approval dated 7/12/11 remains in affect.
a. The service entrance off Joy Drive is limited to drop off for the Community Kitchen only
and shall not be used by employees / residents at any time for activities not related to the
Community Kitchen operations.
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4. The previous conditions of the original approval dated 7/12/11 relating to affordable housing
no long apply.
5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior
to use or occupancy of the new building.
6. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
7. The final plat plan (Sheet C2) shall be recorded in the land records within 180 days or this
approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to
recording.
8. The mylar shall be recorded prior to permit issuance.
Tim Barritt— yea/nay/abstain/not present
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Michael Sirotkin — yea/nay/abstain/not present
Bill Stuono — yea/nay/abstain/not present
Application approved by a vote of 4 — 0 — 0
Signed this 20th day of March 2012, by
Digitally signed by Mark C. Behr
Mark C . Behr-
ArDN cMark C. Behr, t Richard Henry Behr
chitect P.C., ou,email=mark@rhb ccom, c=US
Date: 2012.03.20 16:37:12-04'00'
Mark Behr, Chairman
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://ven-nontjudiciga.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 the regional Permit Specialist.
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