HomeMy WebLinkAboutSD-07-19 - Decision - 0007 Fayette Road#SD-07-19
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
LUND FAMILY CENTER - PLANNED UNIT DEVELOPMENT
7 FAYETTE ROAD
FINAL PLAT APPLICATION #SD- 07-19
FINDINGS OF FACT AND DECISION
Lund Family Center, hereinafter referred to as the applicant, is seeking re -approval to
amend a planned unit development consisting of 210 residential units, a 61 room hotel, a
20,000 sq. ft. movie theater building (1000 seats), a 22,500 sq. ft. restaurant/medical
office/personal instruction school, a 3500 sq. ft. restaurant with drive -through service,
and a bank with drive -through service. The amendment consists of: 1) establishing 2952
sq. ft. of day care facility use (28 children maximum), and 2) reducing the square footage
of personal instruction use from 2150 to 1914 sq. ft., 7 Fayette Road. The Development
Review Board held a public hearing on April 17, 2007. David Healy 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
The applicant is seeking to re -approval to amend a planned unit development
consisting of 210 residential units, a 61 room hotel, a 20,000 sq. ft. movie theater
building (1000 seats), a 22,500 sq. ft. restaurant/medical office/personal
instruction school, a 3500 sq. ft. restaurant with drive -through service, and a
bank with drive -through service. The amendment consists of: 1) establishing
2952 sq. ft. of day care facility use (28 children maximum), and 2) reducing the
square footage of personal instruction use from 2150 to 1914 sq. ft., 7 Fayette
Road.
2. The application was originally approved on August 1, 2006. The approval
became null and avoid because the final plat plan was not recorded within 180
days of the approval.
3. The owner of record of the subject property is J & J Properties, LLC.
4. The subject property is located in the Commercial 1 —Automobile (Cl-Auto)
Zoning District.
The plan submitted is entitled, "Bananas University Realty Ltd. 7 Fayette Road
South Burlington, VT Final Plat", prepared by Lamoureux & Dickinson Consulting
Engineers, Inc., dated 11/5/02, with a stamped received date of 7/10/06.
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PLANNED UNIT DEVELOPMENT STANDARDS
Pursuant to Section 15.18 of the proposed Land Development Regulations, PUDs shall
comply with the following standards and conditions:
Sufficient water supply and wastewater disposal capacity is available to meet the
needs of the project.
If needed, the applicant must obtain final wastewater allocation approval from the Director
of Planning and Zoning, Juli Beth Hinds, prior to permit issuance.
Sufficient grading and erosion controls will be utilized during and after construction
to prevent soil erosion and runoff from creating unhealthy or dangerous conditions
on the subject property and adjacent properties.
The proposed project does not involve any construction, so this criterion is not applicable.
The project incorporates access, circulation and traffic management strategies
sufficient to prevent unreasonable congestion of adjacent roads.
Access to the subject property will not be altered through the proposed change of use.
The project's design respects and will provide suitable protection to wetlands,
streams, wildlife habitat as identified in the Open Space Strategy, and any unique
natural features on the site.
There are no wetlands, streams, wildlife habitat, or unique natural features on the subject
property.
The project is designed to be visually compatible with the planned development
patterns in the area, as specified in the Comprehensive Plan and the purpose of the
zoning district(s) in which it is located.
The proposed project does not involve any construction, so this criterion is not applicable.
Open space areas on the site have been located in such a way as to maximize
opportunities for creating contiguous open spaces between adjoining parcels and/or
stream buffer areas.
The proposed project does not involve any construction, so this criterion is not applicable.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee)
to ensure that adequate fire protection can be provided.
The proposed project does not involve any construction, so this criterion is not applicable.
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Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines
and lighting have been designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent landowners.
The proposed project does not involve any construction, so this criterion is not applicable.
Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner
that is consistent with City utility and roadway plans and maintenance standards.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed change of use is in conformance with the Comprehensive Plan.
SITE PLAN REVIEW STANDARDS
Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall
require site plan approval. Section 14.06 establishes the following general review standards
for all site plan applications:
Due attention by the applicant should be given to the goals and objectives and the
stated land use policies for the City of South Burlington as set forth in the
Comprehensive Plan.
The proposed project is in conformance with the Comprehensive Plan.
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.
The proposed project will not have an impact on the relationship between structure and the
site, the relationship between structure and structure, planting areas, or pedestrian
movement.
Pursuant to Section 13.01(E) of the Land Development Regulations, the applicant
submitted an adequate shared -parking analysis. The applicant's analysis indicates that the
peak demand of the proposed mix of uses is being reduced by this proposal from 606
parking spaces to 600 spaces. A total of 474 parking spaces are available which
represents a 126 space or 21 % shortfall.
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There is currently a tractor trailer being parked in several of the parking spaces located
behind the building. This should be removed and all parking spaces shall be accessible
before the applicant may receive a Certificate of Occupancy.
Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The parking spaces on the subject properties currently exist and will not be altered through
this project.
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.
The proposed project does not involve any construction, so this criterion is not applicable.
Newly installed utility services and service modifications necessitated by exterior
alterations or building expansions shall, to the extent feasible, be underground.
It has noted that the utility lines must be underground.
The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual interruptions
to create attractive transitions between buildings of different architectural styles.
The proposed project does not involve any construction, so this criterion is not applicable.
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.
The proposed project does not involve any construction, so this criterion is not applicable.
In addition to the above general review standards, site plan applications shall meet the
following specific standards as set forth in Section 14.07 of the Land Development
Regulations:
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 of collector street, to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
No additional reservation of land is warranted as part of this application. The site is already
accessible from two points on Shelburne Road. Each of the sub -lots are accessible and
circulation is adequate.
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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.
It has already been indicated that utility lines must be underground.
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).
The plans depict the existing dumpsters, adequately screened.
Landscaping
The proposed project does not involve any construction, so no additional landscaping is
required.
DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Final Plat Application
#SD-07-21 of Lund Family Center, 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 plan shall be revised to show the changes below and shall require approval
of the Administrative Officer. Three (3) copies of the approved revised plans
shall be submitted to the Administrative Officer prior to permit issuance.
a) The plan shall be revised to show the small play structure located at the
northerly end of the building.
4) If needed, the applicant must obtain final wastewater allocation approval from the
Director of Planning and Zoning, Juli Beth Hinds, prior to permit issuance.
5) Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
6) The Board grants a 126 parking space, 21 %, parking waiver, for a total of 474
parking spaces provided.
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7) All parking spaces shall be freely accessible to residents, staff, and visitors to the
site prior to the issuance of a certificate of occupancy for the proposed new use.
8) Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board.
9) The final plat plan 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.
Mark Behr — yea/nay/abs.WinQf presence
Matthew Birmingh — ye nay/abstain/not present
John Dinklage y nay abstain/not present
Roger Farley — nay/abstain/not present
Eric Knudsen — e nay/abstain/not present
Peter Plumeau — nay/abstain/not present
Gayle Quimby — ea nay/abstain/not present
Motion carried by a vote of ((,?- U- U
Signed this day of 2007, by
f John Dinklage, Chai
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 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).