HomeMy WebLinkAboutSP-09-61 - Decision - 0007 Fayette Road#SP-09-61
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
LUND FAMILY CENTER - 7 FAYETTE ROAD
SITE PLAN APPLICATION #SP-09-61
FINDINGS OF FACT AND DECISION
The Lund Family Center, hereinafter referred to as the applicant, is seeking Site Plan
approval to amend a previously approved day care facility for a maximum of 28 children.
The amendment consists of increasing the number of children to 33, 7 Fayette Road.
The Development Review Board held a public hearing on August 18, 2009. Bob
Robinson 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. The applicant, is seeking Site Plan approval to amend a previously approved day care
facility for a maximum of 28 children. The amendment consists of increasing the number
of children to 33, 7 Fayette Road.
2. The application was received on July 16,2009.
3. The owner of record of the subject property is J+J Properties, LLC
4. The subject property is located in the Commercial 1 Auto Zoning District.
5. The plan submitted is entitled "Bananas University, Ltd. 7 Fayette Road South
Burlington, VT", prepared by Lamoureux and Dickinson Consulting Engineers, dated
11/5/2002, with a last received date of July 16, 2009
The Development Review Board previously granted approval for 28 children at the
facility. This restriction was in part due to parking ►imitations. The applicant is now
seeking to increase the number to 33 children. The applicant has submitted an analysis
for the PUD (which includes the subject building, Larkin Terrace Apartments, movie
theater, McDonalds) which examines the shared parking on the site based on peak
hours of demand and shared usages. This report was prepared by a professional traffic
engineer and is attached. In summary, the parking consultant states that the existing
parking is sufficient to support the usages based on a parking waiver.
There are 493 parking spaces within the PUD. The highest demand for parking (winter
8-10 pm peak) calls for 611 parking spaces based on the methodology outlined in the
South Burlington Land Development Regulations and followed by the applicant's
engineer. This would result in a shortfall of 118 parking spaces or 19.3%. This is only a
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#S P-09-61
slight increase over the existing parking requirement and parking waiver. The Board is
not aware of any parking concerns on site and supports this parking waiver.
DECISION
Motion by Q14110, V , seconded byWIT , ll`jMINC , to
approve Site PI n Application # P-09-61 of the Lund Family Center 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 shown on the plans submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. The Board grants a parking waiver of 118 parking spaces, or 19.3% for a total of 493
spaces provided.
4. 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.
5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to occupying the day care facility with 33 children.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr —yea/nay/ab in not pres
Matthew Birmingye ye nay/abstain/not present
John Dinklage nay abstain/not present
Roger Farley —yea/nay/abstain not present
Eric Knudsen —yea/nay/abstain of present
Gayle Quimb a nay/abstain not present
Bill Stuono — ye ay/abstain/not present
Motion carried by a vote of-p -�
Signed this / � day of 2009, by
John Dinklage, Chairman
Please note: You Pave the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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