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HomeMy WebLinkAboutSP-23-015 - Decision - 0155 Market StreetSP-23-015 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SHEUN POON – 155 MARKET STREET SITE PLAN APPLICATION #SP-23-015 FINDINGS OF FACT AND DECISION Site plan application SP-23-015 of Sheun Poon, hereinafter referred to as the applicant, to amend a previously approved plan for a 10,010 sf mixed-use building including five residential units and 7,610 sf of commercial space. The amendment consists of adding an outdoor seating area and associated site improvements, 155 Market Street. 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. Sheun Poon is seeking site plan approval to amend a previously approved plan for a 10,010 sf mixed- use building including five residential units and 7,610 sf of commercial space. The amendment consists of adding an outdoor seating area and associated site improvements, 155 Market Street. 2. The owner of record of the subject property is Poon Trust, LLC. 3. The subject property is located in Transect Zones 4 & 5 of the Form-Based Code Zoning District and the Transit Overlay District. Portions of this property not proposed to be impacted by this application are located in the Wetland Advisory Layer. 4. The application was received on April 17, 2023. 5. The plan submitted is untitled and was prepared by Lai Poon on 4/21/2013. CITY CENTER FORM-BASED CODE STANDARDS Section 8.07 Prohibited Materials No prohibited materials have been proposed. Section 8.09 Uses Allowed and Changes of Use. No prohibited uses have been proposed. Section 8.11 Nonconformities C. Nonconforming Structures (1) Authority to Continue. Nonconforming structures may be continued provided conditions in this Section are met. (2) Repair and Alterations. 2 This principal structure on this property is a non-conforming structure. The proposed site modifications do not involve changes that necessitate changes to the structure – as such, the structure is proposed to remain in compliance with these standards. Section 14.07 Specific Review Standards A, B, and G through E. Not applicable. C. Disposal of Wastes. 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). Small receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. The property has an existing dumpster area that meets these standards and is not proposed to be altered as part of this application. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. The project consists of minor site modifications, specifically the partial replacement of an existing grass/lawn area in the front of the building with artificial turf. The applicant is proposing this change to maintain the appearance of a healthy lawn for aesthetic purposes and to provide an informal outdoor seating area that may be used by customers and employees of all three commercial uses currently in operation at the site – a nail salon, a hair salon, and a short-order restaurant. The proposed work will not impact any previously approved landscaping features and will not require the installation of any new landscaping features. Snow storage areas have been indicated on previous Landscaping Plans and are not proposed to change as part of this application. OTHER Section 13.07 Exterior Lighting There are no proposed alterations to the existing exterior lighting plan. Section 13.03 Bicycle Parking and Storage The short-term bike parking requirements for commercial use is one (1) space per 5,000 sf of commercial use. The short-term bike parking requirement for residential uses is one (1) space per ten (10) residential units. All commercial uses and residential uses, regardless of square footage, require a minimum of four short-term bike parking spaces. The applicant has previously installed 2 ‘inverted-U’-style bike racks, providing the minimum requirement of four short term bicycle parking spaces. The work proposed as part of this application does not increase the number of required short-term bike parking spaces or necessitate the creation of long-term bike storage spaces. As such, the Administrative Officer finds this criterion met. Traffic Generation The proposed outdoor seating area may be used by customers of the commercial space currently in use as short-order restaurant ‘Hawaiian Grill’ but will not include table service and therefore will not constitute an increase in the square footage or seating capacity of this use. As such, the proposed outdoor seating area will not increase the estimated trip generation of the restaurant use or of any other use at this property, 3 and the Administrative Officer finds the proposed project not to constitute an impact on the trip generation for this property. Water/Wastewater As noted above, the proposed outdoor seating area may be used by customers of the commercial space currently in use as short-order restaurant ‘Hawaiian Grill’ but will not include table service and therefore will not constitute an increase in the square footage or seating capacity of this or any other use. As such, the proposed outdoor seating area will not increase the estimated water consumption or wastewater generation of the restaurant use or of any other use on the property, and the Administrative Officer finds the proposed project not to require any additional water or wastewater allocation. DECISION Based on the above Findings of Fact, the Administrative Officer herby approves site plan application #SP-23-015 of Sheun Poon, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in full effect. 2. This project must be completed as shown on the plans submitted by the applicant and on file with the South Burlington Department of Planning and Zoning. 3. The Administrative Officer concurrently issues Zoning Permit #ZP-23-150. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 5. Any new exterior lighting must be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 6. The applicant must obtain a Certificate of Occupancy from the Administrative Officer prior to use or occupancy of the proposed outdoor seating area. 7. Any change to the approved plan will require approval by the South Burlington Development Review Board or the Administrative Officer. Signed on this 11th day of May, 2023 by ____________________________________ Marty Gillies, Administrative Officer 4 PLEASE NOTE: Pursuant to 24 VSA §4465, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $233 filing fee and be filed within 15 days of the date of this decision. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.