Loading...
HomeMy WebLinkAboutSP-14-05 - Decision - 0007 Fayette RoadSP-14-05 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING KINGDOM VENTURES, LLC — 7 FAYETTE ROAD SITE PLAN APPLICATION #SP-14-05 FINDINGS OF FACT AND DECISION Site plan application #SP-14-05 of Kingdom Ventures, LLC to amend a previously approved plan for a multi -building and mixed -use complex. The amendment consists of converting 2,750 sq. ft. of child care facility use to a tavern/night club use, 7 Fayette Road. The Development Review Board held a hearing on April 15, 2014 to consider this application. The applicant was represented by Jim Carroll. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT Kingdom Ventures, LLC filed site plan application #SP-14-05 to amend a previously approved site plan for a multi -building and mixed -use complex. The amendment consists of converting 2,750 sq. ft. of child care facility use to a tavern/night club use use ("internet cafe" per the application) with up to 80 seats, a bar, and a variety of arcade - style games, located at 7 Fayette Road. 2. The application was received on February 10, 2014. 3. The subject property is located in the Commercial-1/Auto and Commercial-1/Residential -15 zoning districts. 4. The applicant submitted a one -page plan entitled, T.H. Partners, Inc. 7 Fayette Road PUD South Burlington, VT", prepared by Lamoureux & Dickinson Consulting Engineers, Inc., dated 3/31/14. 5. The DRB held a public hearing on April 15, 2014. Zoning District & Dimensional Requirements No changes to building dimensions are proposed. The Board finds this criterion satisfied. Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the following review standards shall apply to site plan applications: (a) The relationship of the proposed development to goals and objectives set forth in the City of South Burlington Comprehensive Plan. SP-14-05 A tavern/nightclub is a permitted use in this zoning district. The Board finds this criterion satisfied. (b) 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. No changes proposed; this criterion will continue to be met. Subsection 13.01(E). Shared Parking on a Single Lot. (1) As a matter of public policy, the City of South Burlington finds that the coordination of off-street parking between adjoining non-residential sites is desirable (1) to allow for traffic circulation between sites rather than having all traffic entering and exiting the existing road system to proceed from site to site, (2) to allow for improved pedestrian circulation, and (3) to reduce the overall amount of paved surface on a site. This coordination can take various forms, from a simple paved connection to a more elaborate plan to provide both a connection and shared parking arrangements. Such connection and shared parking are not to be considered a parking waiver, but an agreement between the landowners and the City of South Burlington to effect an overall circulation and parking plan. (2) Where the Development Review Board determines that a proposed development consisting of two (2) or more uses will generate different hourly, daily and/or seasonal parking demands due to the varied hours of operation of each use and different peaking characteristics, the Development Review Board may approve a site plan or PUD utilizing shared parking on the site that is the subject of the application, or on another site (see Shared Parking, Section 13.01(E) above). The Development Review Board may, at its discretion, allow for a reduced number of shared parking spaces to be provided, on or off site, provided that: (a) The applicant shall provide the Development Review Board with a site plan and a complete and accurate description of the proposed uses and floor areas devoted to such uses. All uses participating in the shared parking plan must be located within a convenient walking distance to the shared parking facility, which generally shall be defined as one -quarter (114) mile. (b) A shared parking analysis shall be presented calculating the parking demand for each individual use by time period and, where applicable, by season, in the form of a matrix. The various time periods shall depend on the uses being analyzed. These periods typically include a weekday morning, weekday lunch time, weekday afternoon, weekday evening, Saturday midday and Saturday evening. If the uses experience significant seasonal variations the analysis should be done for the peak season and possibly for different seasons (summer, winter, special events, etc.) For each use, the matrix should indicate the individual peak demand corresponding to the parking requirement as indicated in Tables 13-1 through 13- 6, then the expected demand for each time period being analyzed in terms of a percentage of the peak demand and the number of parking spaces required for SP-14-05 that use at that particular time period. For instance, if there is a 50,000 SF office component in a mixed -use project, the peak demand for that component is 175 spaces (3.5 times 50), and during the weekday am period that component will have a presence of 100%, i.e. 175 spaces, during lunch time the presence would be 90% i.e. 158 spaces, during the weekday afternoon the presence would be 9750, i.e. 170 spaces, and during the evening hours the presence would be 20°0, i.e. 35 spaces. The same analysis needs to be done for the other uses that are part of the sharing arrangement. To calculate the total number of spaces required with the sharing arrangement the numbers of spaces required for each use need to be added for each time period, and the largest number determines the requirement. This analysis should be undertaken by a professional planner or engineer, and can be based on the "Shared Parking" publication by the Urban Land Institute or on "Shared Parking Planning Guidelines", an informational report by the Institute of Transportation Engineers. In some cases the applicant may have to undertake specific surveys of individual uses to determine the percentage present at various time periods. If the parking demand of a new use is to be shared with an existing use the applicant should undertake an occupancy survey of the existing parking facility. (c) The parking spaces that are part of a shared parking plan cannot be reserved for individual users or destinations, unless those reserved spaces are excluded from the calculation. (d) The Development Review Board may order the property owner to construct the future parking spaces if, at the Administrative Officer's recommendation, the DRB determines a need for additional spaces to be constructed. For example, a change in the use(s) or the ownership of the parcel may be enough to require the installation of the parking spaces. In the event that the owner fails to install the additional parking spaces within one hundred twenty (120) days of being so ordered the City Attorney shall take appropriate action in a court of competent jurisdiction to restrain the use of said premises. When this subsection is utilized, the site plan shall contain a statement, signed by the applicant in such a form as shall be approved by the City Attorney, consenting to the provisions contained herein. In addition, the property owner shall be required to submit a covenant, for filing in the City Clerk's office, in such a form as shall be approved by the City Attorney, indicating consent to the provisions of this subsection. (e) The approval of such shared parking shall be automatically terminated upon the termination of the operation of any of the involved uses. The applicant has submitted a shared parking analysis prepared by Lamoreux & Dickinson dated December 23, 2013. Their analysis, inclusive of all existing uses and the use proposed herein, indicate a peak parking demand of 632 spaces. This is an increase of 20 spaces from the previous 612 space peak parking demand calculated when the analysis was last updated in 2013. 3 SP-14-05 A field check by Lamoreux & Dickinson identified 490 available spaces. This is the same as in the recent 2013 case, but slightly lower than the 493 spaces (with a waiver of 118 spaces or 19.3%) approved by the DRB in 2009 (cf. #SP-09-61). [Note that the March 1, 2013 analysis incorrectly states this approved number as 492]. As before, the analysis notes that peak activity for the nine (9) uses on the property will occur at different times, with the peak demand for 632 parking spaces occurring during the winter, weekday, 8:00 —10:00 P.M. time period. The applicant seeks approval of a 22.5% off-street parking waiver (142 spaces) as permitted under Section 13.01 N. (2) of the LDRs which states that "(w)here the Development Review Board determines that a proposed land use or structure is adequately served by existing or proposed parking facilities, the Development Review Board may waive the off-street parking space requirements stipulated in Tables 13-1 through 13-6, by no more than twenty-five percent (25%)." The Board has reviewed the site plan and finds that the proposed waiver of 142 parking spaces will not have a material effect on the availability of parking for the nine (9) uses. Section 13.01 of the Land Development Regulations requires that bicycle parking or storage facilities be provided for employees, residents, and visitors to the site. A bike rack shall be installed as shown on the plan The Board finds these criteria satisfied. (b) Parking shall be located to the rear or sides of buildings. No changes are proposed to the parking lot. The Board finds this criterion satisfied/grandfathe red. (d) 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. No exterior changes are proposed to the buildings. This criterion will continue to be met. (e) Newly installed utility service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. No changes are proposed. This criterion will continue to be met. (f) The combination of common materials and architectural characteristics, landscaping, buffers, screens, and visual interruptions to create attractive transitions between buildings or different architectural styles shall be encouraged. No changes are proposed. This criterion will continue to be met. SP-14-05 (g) 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. No changes are proposed. This criterion will continue to be met. In addition to the above general review standards, site plan applications shall meet the following specific standards set forth in Section 14.07 of the 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. The Board does not find reserving land necessary. This criterion will continue to be met. (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. No new utility services are proposed. This criterion will continue to be met. (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). Several screened dumpsters are shown on the plans. The Board finds this criterion satisfied. (d) Landscaping and screening requirements No new landscaping is proposed. The Board finds this criterion satisfied/grandfathe red. OTHER STANDARDS: Section 13.06((8) Snow Storage. Pursuant to Section 13.06(8), snow storage areas must be specified and located in an area that will minimize the potential for run-off. Snow storage areas are shown on the plan. The Board finds this criterion satisfied. Section 13.07(A) Lighting. Pursuant to Section 13.07(A), all exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of -way. No changes to lighting are proposed. The Board finds this criterion satisfied. No additional wastewater allocation is needed from the City for this change of use as evidenced by a letter dated 4/9/14 from Andy Rowe of Lamoureux & Dickinson. S P-14-05 DECISION Motion by Bill Miller, seconded by David Parsons, to approve site plan application #SP-14-05 of Kingdom Ventures, LLC subject to the following stipulations: 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 plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 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 Board approves a parking waiver of 142 parking spaces or 22.5% from the 632 spaces required under the shared parking analysis for a total of 490 spaces provided. 5. A Certificate of Occupancy must be obtained from the Administrative Officer prior to any occupancy or use of the structure or use approved herein. 6. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. 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 Jennifer Smith — yea nay abstain not present Motion carried by a vote of 5 — 0 — 0 1.1 Signed this day of 2014, by `l Tim Barritt, Chair 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://vermontiudiciary.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.