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HomeMy WebLinkAboutSP-07-05 - Decision - 0792 Shelburne RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING ICHIBAN OISHII, INC. — 792 SHELBURNE ROAD SITE PLAN #SP-07-05 FINDINGS OF FACT AND DECISION Ichiban Oishii, Inc, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for a for a 123 seat standard restaurant. The amendment consists of adding a wooden pedestrian ramp connecting the back parking lot with the front parking lot. 792 Shelburne Road. Based on the plans and supporting material contained in the document file for this application, the Administrative Officer finds, concludes, and decides as follows: FINDINGS OF FACT This project consists of site plan approval to amend a previously approved site plan for a 123 seat standard restaurant. The amendment consists of adding a wooden pedestrian ramp connecting the back parking lot with the front parking lot, 792 Shelburne Road. 2. The owner of record of the subject property is Mountaha Handy. 3. The subject property is located in the Commercial 1-Residential 15 (Cl-R15) Zoning District. 4. The application was received on February 21, 2006. This request is for re - approval of a site plan approved on 2/23/06 which became null and void for failure to obtain a zoning permit for the pedestrian ramp. 5. The plan submitted with this application is entitled, "Koto Restaurant 792 Shelburne Road South Burlington, Vermont", prepared by Steve Guild Design, LLC, dated 12/30/04, last revised on 3/22/05. DIMENSION REQUIREMENTS 6. Coverages are not affected as a result of this application. 7. Setback requirements are being met. SITE PLAN REVIEW STANDARDS Vehicular access 8. Access is provided via one (1) curb cut off of Shelburne Road and a right-of-way across the 45 Swift Street property to Swift Street for egress only for the upper parking lot. No changes are proposed. Circulation 9. The previous approval stipulated that the access drive between the two (2) parking lots be at a maximum width of 12 feet. This application is requesting a 12 foot width for the ramp area, which is acceptable. 10. The applicant is proposing landscaping on the north side of the access road between the two parking lots. This is acceptable. 11. The applicant is proposing a wood ramp on the south side of the access drive which is 5 feet wide and 36 feet long. Parking 12. There are no changes to parking. 13. Pursuant to Section 13.01(G)(5) of the Land Development Regulations, bicycle parking shall be provided on the subject property. A bicycle rack is noted on the plan. 14. Pursuant to Section 13.01(B) of the Land Development Regulations, internal landscaping of the parking area does not apply. Landscaping 15. There are no changes to landscaping with this application. As noted above, the north side of the access drive shall be landscaped. 16. Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas must be shown on the plan. Snow storage areas are shown on the plan. Outdoor Lighting 17. No changes to exterior lighting are proposed. -2- Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the following review standards shall apply to the site plan applications: Traffic 18. There will be no traffic impacts. (a) The relationship of the proposed development to goals and objects set forth in the City of South Burlington Comprehensive Plan. 19. The Comprehensive Plan states that the City should encourage development while protecting natural resources and promoting a healthy and safe environment. The proposed project is in keeping with the recommended actions of the Comprehensive Plan. (b)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. 20. The building is existing. The proposal is in keeping with this requirement. (c) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. 21. Parking is located on the side and rear of the building. All parking is existing with no additional parking proposed. 22. Section 13.01 of the Land Development Regulations requires that bicycle parking or storage facilities be provided for employees, residents, and visitors to the site. It has already been noted that a bicycle rack is noted on the plan. (d) 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. 23. The building is existing and no changes are proposed (e) Newly installed utility service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 24. The plans do not indicate changes in utility service. (t) The combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to cerate attractive transitions between buildings or different architectural styles shall be encouraged. -3- 25. The building is existing and no changes are proposed. (g) 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. 26. The building is existing and no changes are proposed. In addition, to the above general review standards, site plan applications shall meet the following specific standards set forth in Section 14.07 of the Land Development Regulations: (a) 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. 27. The reservation of land is not necessary. (b) 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. 28. No changes to existing underground utilities. (c) 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). 29. The screened dumpster area is shown on the plan and is located in an adequate area. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves Site Plan Application #SP-07-05 of Ichiban Oishii, Inc. to amend a previously approved site plan for a 123 seat standard restaurant. The amendment consists of adding a wood ramp from back parking lot to the front parking lot. 792 Shelburne Road, subject to the following conditions: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. -4- 2) The applicant shall obtain a zoning permit within six (6) months of this decision pursuant to Section 17.04 of the Land Development Regulations, or this approval is null and void. 3) The Applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the use of the pedestrian ramp. 4) Any change to the site plan shall require approval by the South Burlington Administrative Officer. Signed on this day of D�U# 2007 by MKI-FlawLMA Belair, Administrative Officer 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 $110 filing fee and be filed within 15 days of the date of this decision. -5-