The URL can be used to link to this page

Home My WebLink AboutSD-05-42 - Decision - 0007 Fayette RoadCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING AND ZONING ESZ, INC — PLANNED UNIT DEVELOPMENT - 7 FAYETTE ROAD FINAL PLAT APPLICATION #SD-05-42 FINDINGS of FACT AND DECISION BSZ, Inc, hereinafter referred to as the applicant, is seeking 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 building, a 3500 sq. ft. restaurant with drive -through service, and a bank with drive -through service. The amendment consists of changing the use of 3750 sq. ft. of medical office use in the 22,500 sq. ft. building to indoor recreation use, 7 Fayette Road. The Development Review Board held a public hearing on June 7, 2005. Bill Rochford 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 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 building, a 3500 sq. ft. restaurant with drive -through service, and a bank with drive -through service. The amendment consists of changing the use of 3750 sq. ft, of medical office use in the 22,500 sq. ft. building to indoor recreation use, 7 Fayette Road. 2) The owner of record of the subject property is J & J Properties, LLC. 3) The subject property is located in the Commercial 1 — Automobile (C1) Zoning District. 4) The plan submitted is entitled, "Bananas University Realty, Ltd 7 Fayette Road South Burlington, APT", prepared by Lamoureux & Dickinson Consulting Engineers, Inc. dated 11/5/02. TRAFFIC OVERLAY DISTRICT Due to the original traffic budget approved for the subject property, traffic impacts are not an issue with the proposed project. - 1 - 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 preliminary wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hinds, prior to final plat approval. 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 andlor 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. 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. -2- 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 14.03LA6) 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 606 parking spaces. A total of 474 parking spaces are available which represents a 132 space or 21.78% shortfall. 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. -3- Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground: It has already been noted that the utility lines must be underground. The DIED 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 gtneLql review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Develo went Regulations:-----v-- - -- �---- 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. It is not practical to construct an access to the property to the north due to a stream crossing. 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. M DECISION Motion by CG U1A % seconded by kyeD to approve Final hat Application(#SD-05-42 of BSZ, Inc., subject to the f lowing 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) If needed, the applicant must obtain preliminary wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hinds, prior to final plat approval. 4) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 5) The Development Review Board grants the applicant a 132 parking space, 21.78%, parking waiver, for a total of 474 parking spaces provided. 6) Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. Mark Behr - 0 9/nay/abstain/not present Chuck Bolton — e nay/abstain/not present John Dinklage — /nay/abstain/not present Roger Farley — 3ye/'nay/abstain/not y/abstain/not present Larry Kupferman/nay/abstain/not present Gayle Quimby — present Motion carried by a vote of 0 - o - p Signed this a day of June 2005, by 4Johnklage, hair 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). -5-