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Home My WebLink AboutSP-13-19 - Decision - 0007 Fayette Road#SP13-19 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING DAVID RANSON — 7 FAYETTE ROAD SITE PLAN APPLICATION #SP-13-19 FINDINGS OF FACT AND DECISION David Ranson, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for a multi -building and mixed -use complex. The amendment consists of converting 2,700 sq. ft. of child care facility use to medical office use, 7 Fayette Road. The Development Review Board held a public hearing on May 7, 2013. David Ranson represented himself. 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 1. The applicant is seeking to amend a previously approved plan for a multi -building and mixed -use complex. The amendment consists of converting 2,700 sq. ft. of child care facility use to medical office use, 7 Fayette Road. 2. The owner of record of the subject property is 7 Fayette, LLC. 3. The subject property is located in the C 1 - Auto Zoning District 4. The application was received on April 5, 2013. 5. The plan submitted consist of a one (1) page plan entitled "7 Fayette Road PUD South Burlington, VT", prepared by Lamoreux & Dickinson Consulting Engineers, Inc., dated 03-05-13 and last revised on 5114113. DIMENSIONAL REQUIREMENTS 6. There are no dimensional changes associated with this application. 7. Setback requirements are being met. 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. 8. This criterion will continue to be met. Medical offices are a permitted use in the zoning district -1— CAUsers\Mark\Documents\South Burlington DRB\5.21.13 Meeting Decision s\SP_13_19_7 Fayette Road_ffd.doc #SP13-19 (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. 9. 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 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 97% i.e. 170 spaces, and during the evening hours the presence would be 20% i.e. 35 spaces. The same analysis needs to be -2— C:\Users\Mark\Documents\South Burlington DRB\5.21.13 Meeting Decision s\S P_1 3_1 9_7 FayetteRoad_ffd.doc #SP13-19 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 submitted a shared parking analysis prepared by Lamoreux & Dickinson dated March 1, 2013. Their analysis, inclusive of the proposed takeover by Concentra of one-half of Lund's space, indicate a peak parking demand of 612 spaces. This is an increase of one (1) space from the previous 611 space peak parking demand calculated when the analysis was last updated in 2009. Afield check by Lamoreux & Dickinson identified 490 available spaces. This is 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]. The analysis notes that peak activity for the nine (9) uses on the property will occur at different times with the peak demand for 612 parking spaces occurring during the winter, Weekday, 8 —10 PM time period. The applicant is requesting a 20 percent off-street parking waiver (122 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 -3— CAUsers\Mark\Documents\South Burlington DRB\5.21.13 Meeting Decisions\SP_13_19_7FayetteRoad_ffd.doc #SP13-19 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%)." 10. The Board accepts the applicant's analysis showing a base requirement of 612 spaces for the nine (9) uses on the property using a shared parking analysis. 11. The Board grants the requested waiver of 122 parking spaces, for a total of a 490 spaces, a 20 percent waiver of the base requirement of 612 spaces. 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. 12. The plans should be revised to show the location of bike racks or bike storage facilities on the site. (c) Parking shall be located to the rear or sides of buildings. 13. No changes are proposed to the general layout of the parking lot. (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. 14. 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. 15. 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. 16. No changes are proposed. This criterion will continue to be met. (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. 17. 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. -4— CAUsers\Mark\Documents\South Burlington DRB\5.21.13 Meeting Decisions\SP_13_19_7FayetteRoad_ffd.doc #SP13-19 18. Staff feels that the reservation of land is not 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. 19. 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). 20. Several screened dumpsters are shown on the plans. This criterion will be met. (d) Landscaping and screening requirements 21. No new landscaping is proposed. This criterion will be met. 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. 22. The plans should be revised to show the location of snow storage areas on the site. 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. 23. No changes to lighting are proposed. This criterion will be met. DECISION Site plan application #SP-13-19 of David Ranson is hereby approved subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. 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. The site plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plan shall be submitted to the Administrative Officer prior to permit issuance. a) The site plan shall be revised to show the location of bike racks and snow storage facilities on the site. -5— CAUsers\Mark\Documents\South Burlington DRB\5.21.13 Meeting Decisions\SP_13_19_7FayeffeRoad_ffd.doc I #SP13-19 4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to occupancy of the newly converted space. 5. The Board issues a parking waiver of one hundred and twenty-two (122) spaces, or 20% of the base requirement of 612 spaces, for a total of 490 spaces provided. 6. All lighting on the property shall comply with the standards set forth in the South Burlington Land Development Regulations. 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 Michael Sirotkin — yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present The application was approved by a vote of 3 — 0 — 2 Signed this 3rd day of June 2013, by p h Digitally signed by Mark C. Behr Mark C. BCI Ir email =MarkC.bpc.co ,c email=mark@rhbpc.com, c=US Date: 2013.06.03 11:47:40-04'00' Mark Behr, 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://vermont*udiciary.org/GTC/environmental/defauIt.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. -6— C:\Users\Mark\Documents\South Burlington DRB\5.21.13 Meeting Decisions\SP_13_19_7FayetteRoad_ffd.doc