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HomeMy Public PortalAbout12-13-2018 - Staff Findings57,1 Rfre4/ ZBA-2018-29 SP DRAFT Findings and Conditions 1. ANALYSIS AND FINDINGS A. Plan Consistency: Comprehensive Plan Watertown's 2015 Comprehensive Plan includes a vision of the Arsenal Street Corridor as a mix of retail, office, and research and development uses that can serve a regional market area. The hotel, which was approved in 2014, is appropriate as part of that mix, and supports the business within the area and the use of parking for shared use maximizes parking and reduces the amount of excess parking lots within the corridor. Subsequent Design Guidelines calls for shared parking as a way to promote good development. Subsequent zoning amendments support the use of shared parking to serve multiple lots. B. Special Permit with Site Plan Review This project must meet the four conditions of approval for a Special Permit set forth in §9.05(b) of the WZO. Special Permit Criteria §9.05(b) 1. The specific site is an appropriate location for such a use, structure, or condition. Met: Use by 36 Arlington Street of a portion of the parking area on the site is an appropriate long-term solution for increased parking demand during different peak usage. The proposal by 36 Arlington Street to utilize 30 spaces on the hotel site is administered by an Easement Agreement. The submitted materials shows that the location (hotel parking lot) is appropriate for shared parking for the hotel and a fitness center. A parking count was carried out which found that during peak hours of demand by the fitness center, a maximum of 43 spaces were occupied (leaving 76 available). Further information from the hotel has shown consistent parking patterns with low demand for the parking within the easement area. 2. The use as developed will not adversely affect the neighborhood. Conditionally Met: Shared parking at the hotel site has a positive impact in that an underutilized parking field can be more efficiently used, reducing the demand for additional parking at other locations within the neighborhood. 3. There will be no nuisance or serious hazard to vehicles and pedestrians. Conditionally Met: The hotel parking lot has been designed with a stair access into the rear yard of the site which allows pedestrian access to 36 Arlington Street. Another option for access would be to use the sidewalk from the adjacent lot. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Conditionally Met: The parking area at the hotel was designed and approved through a 2014 Special Permit and conditions of that decision ensure that adequate facilities have been provided. qrr —3 9 74, M P r9 tL7 BOARD OF APPEALS WAT R F iq, i'1A 570 Arsenal St ZBA-2018-29-SP December XX, 2018 Zoning Board of Appeals Decision C. Conditions The table below lists the conditions of approval including timeframes for compliance: # Condition Compliance Timeframe To be Verified by 1. Control Documents. This approval is based upon the application materials and Control Documents submitted, as modified by these conditions: 1. Sheet C-1, Shared Parking Plan, 10/5/2018, VHB 2. VHB Memorandums to Mathew Harrington, Parking Summary 10/29/2018 and Parking Memo 10/5/2018 Perpetual ZEO/ISD Z Plan Modifications. Neither the Petitioner nor any present or future owner of any interest in the project shall change or modify either the Control Plans referenced in this decision, or the project itself, without first filing a formal request with the DCDP Director, Zoning Enforcement Officer, and Building Inspector, for an opinion as to whether or not such change or modification requires further review from the Special Permit Granting Authority. Minor modifications may be considered and approved by the DCDP Director that are found to be consistent with the project approval. BP ZEO/ISD 3. Recordation. Upon application for a Building Permit, the Petitioner shall provide evidence to the Zoning Enforcement Officer that this entire decision has been filed with the Registry of Deeds, and/or Land Court. BP ZEO 4 Codes/Regulation Compliance. The Petitioner shall comply with all other applicable local, state, and federal requirements, ordinances, and statutes. CO ZEO/ISD 5. Permit Expiration. In accordance with WZO §9.13, a Special Permit granted under §9.04 shall lapse one year from the date of grant thereof if substantial use thereof has not sooner commenced except for good cause, or, in the case of a permit for construction, if the construction has not begun by such date except for good cause, or as allowed by applicable State or Federal law. Perpetual ZEO 6. Shared Parking. Up to 30 spaces, in the area designated on the control plans, shall be allowed to be shared parking for the use of the adjacent 36 Arlington Street site. The shared parking shall be in keeping with the Easement Agreement, which is part of Control Document #2. Methods for managing the parking may include: Valet parking, day/time parking space usage restrictions, lot monitoring, and vehicle towing/removal. Enforcement shall be the responsibility of the parties to the Easement. Hours for shared parking, as identified within the easement shall be 3-8 PM for Peak Usage Period and first come first served during the Space Available Period (6 AM to 3 PM and 8-9:30 PM). TDM Reporting. The shared parking management/update shall be included in annual reporting as part of the 36 Arlington Street Special Permit and identify any issues and the solutions. Perpetual/ Reporting in TDM Plan for 36 Arlington St ZEO/DCDP Page 2 of 2