HomeMy WebLinkAboutSP-04-46 - Decision - 0792 Shelburne RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING & ZONING
ICHIBAN OISHII, INC.-792 SHELBURNE ROAD
SITE PLAN APPLICATION #SP-04-46
FINDINGS of FACT AND DECISION
Ichiban Oishii Inc., hereafter referred to as the applicant, is seeking site plan approval to
amend a previously approved plan for a 123 seat standard restaurant. The amendment
consists of: 1) constructing a 500 square foot addition to the restaurant, and 2)
constructing a 38 space parking lot expansion, 792 Shelburne Road. The Development
Review Board held public meetings on December 7, 2004 and February 1, 2005. Steve
Guild represented the applicant.
Based on testimony provided at the above mentioned public meetings 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 site plan approval to amend a previously approved plan
for a 123 seat standard restaurant. The amendment consists of: 1) constructing
a 500 square foot addition to the restaurant, and 2) constructing a 38 space
parking lot expansion, 792 Shelburne Road.
2. The subject property is located in the Mixed Industrial and Commercial (IC)
Zoning District.
3. The owner of record of the subject property is Montaha Handy.
4. The plans submitted consist of a three (3) page set of plans, page one (1)
entitled, "Koto Restaurant 792 Shelburne Road South Burlington, Vermont",
prepared by Steve Guild Design, LLC, dated 10/19/04, last revised on 1/21/05.
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Zoning District & Dimensional Requirements:
Table 1. Dimensional Requirements
C1 Zoning District
Required 11
Proposed
Min. Lot Size
40,000 SF
72,300 SF
Max. Building Coverage
40%
8%
Max. Overall Coverage
70%
51 %
Max. Front Yard Coverage
30%
13%
Min. Front Setback
30
60'
Min. Side Setback
10,
15'
�l Min. Rear Setback
30'
52'
zoning compliance
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review standards for all site plan applications:
(a) 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 is for the construction of a 500 square foot addition to an existing
building and a 38 space parking lot. The site plan has been designed to accomplish a
desirable transition from structure to site or from structure to structure. Planting areas and
pedestrian movement patterns are sufficient. Pursuant to Table 13-2 of the Land
Development Regulations, the proposed addition will require 9 parking spaces. The
subject property was previously approved at 41 parking spaces, so a total of 50 parking
spaces are required. The applicant is proposing to provide 81 parking spaces. The new
parking area is sixty (60) feet in width. The 600 parking spaces proposed would allow the
width to be reduced by 5.4 feet, for a total width of 54.6 feet. Reducing the pavement width
would eliminate unnecessary pavement, which would reduce stormwater runoff.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
The existing parking area on the subject property is to the side of the subject building and
the proposed parking area is to the rear of the subject building.
(c) 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 maximum height of the building will remain unchanged.
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(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(e) The DRR 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 buildings of different architectural styles, so this
criterion is not applicable.
(fJ 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 addition relates harmoniously to the existing buildings in the area.
Site plan applications shall meet the following specific standards as set forth in Section
14.07 of the South Burlington 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 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 necessary to require any additional access easements as part of the proposed
project.
(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.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(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).
The plans show a dumpster on the property, which appears to be adequately screened.
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(d) Landscaping and Screening Requirements
Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will
require a minimum of $240 of landscaping. The application is not proposing any additional
site landscaping. However, pursuant to Section 13.06(B) of the Land Development
Regulations, all parking areas containing twenty-eight (28) or more contiguous parking
spaces and/or in parking lots with more than a single circulation lane, at least ten
percent (1091o) of the interior of the parking lot shall be landscaped islands planted Witt)
trees, shrubs and other plants. All interior and perimeter planting shall be protected by
curbing unless specifically designed as a collection and treatment area for management
of stormwater runoff. Interior planted islands shall have a minimum dimension of six (6)
feet on any one side, and shall have a minimum square footage of sixty (60) square feet.
Large islands are encouraged. Landscaping shall include a variety of trees, shrubs,
grasses and ground covers. All planting shall be species hardy for the region and, if
located in areas receiving road runoff or salt spray, shall be salt -tolerant. At least one (1)
major deciduous shade tree shall be provided within or near the perimeter of each
parking area, for every five (5) parking spaces. The trees shall be placed evenly
throughout the parking lot to provide shade and reduce glare. Trees shall be placed a
minimum of thirty (30) feet apart. Trees shall have a caliper equal to or greater than two
and one-half (2 %) inches when measured on the tree stem, six (6) inches above the
root ball. Where more than ten (10) trees are installed, a mix of species is encouraged,
the species should be grouped or located in a manner that reinforces the design and
layout of the parking lot and the site.
The plans have been revised to comply with Section 13.06(B) of the Land Development
Regulations, which deals with the internal landscaping of parking areas with at least
twenty-eight (28) contiguous parking spaces.
Pursuant to Section 13.06(B) of the Land Development Regulations, the plans depict
snow storage areas that will minimize the potential for run-off.
Lighting
Pursuant to Section 13.07(A) of the Land Development Regulations, all exterior lighting
shall be shielded and downcasting to prevent light from spilling onto adjacent properties
and rights -of -way. The applicant submitted exterior lighting details for the proposed
parking area lighting fixtures (attached). They are in compliance with Appendix D of the
Land Development Regulations.
Access/Circulation
Access to the subject property is provided via Shelburne Road and will not be altered
through the proposed project. However, the vehicles in the proposed parking area shall
exit only via the right-of-way that connects to Swift Street. As such, the traffic in the aisle
of the proposed parking area is one-way, moving towards the Swift Street access. In
addition, the width of the access drive connecting the existing and proposed parking
areas has been reduced to 12' wide to discourage two-way traffic. Finally, a "Do Not
Enter" sign at the westerly end of the proposed parking area, adjacent to the ramp to the
existing parking area has been depicted on the plans.
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Traffic
According to the ITE, 7th Editior " and Use 931), the proposed 500 square foot addition
will increase traffic on the subje . " - --1, hni it vtes, for a total of
46.81 P.M. peak -hour vtes. P"�'_..®
Other
The City Engineer reviewed tl
October 28, 2004.
DECISION
Motion by R G�C—seconded by �A Y �
to approve Site Plan Application #SP-04-46 of Ichiban Oishii, Inc., subject to the
following conditions:
1) All previous approvals and stipulations, which are not superseded by this approval,
shall remain in effect.
2) This project shall be completed as shown on the plans submitted by the applicant, as
amended by this decision, 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 plan shall be
submitted to the Administrative Officer prior to permit issuance.
a) The plan shall be revised to depict the pavement width reduced by 5.4 feet, for a
total width of 54.6 feet.
b) Pursuant to Section 13.01(G)(5) of the Land Development Regulations, the plan
shall be revised to depict a bicycle rack.
c) The plan shall be revised to comply with the requests of the City Engineer.
d) The plan shall be revised to show the right of way extending from the subject
property to Swift Street.
e) The plan shall be revised to replace the word "purposed" with "proposed".
4) The applicant shall comply with the requests of the City Engineer, as outlined in his
memorandum dated October 28, 2004.
5) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications shall be underground.
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6) Pursuant to Sections 13.06(F) and 13.06(G) of the Land Development Regulations, the
applicant shall submit a letter from a landscaping professional approving the proposed
landscaping plan, and a landscaping budget prepared by a landscaping professional,
prior to permit issuance.
7) The applicant shall post a landscape bond for the value of the proposed landscaping,
prior to issuance of a zoning permit. This bond shall remain in effect for three (3)
years to assure that the landscaping has taken root and has a good chance of
surviving.
8) For the purpose of calculating road impact fees under the South Burlington Impact
Fee Ordinance, the Development Review Board estimates that the addition will
generate 3.75 additional vehicle trip ends during the P.M. peak hour.
9) All new exterior lighting shall consist of downcasting fixtures. Any change to
approved lights shall require approval of the Administrative Officer prior to
installation. All existing building mounted floodlights shall be replaced with
downcasting shielded fixtures. Prior to permit issuance, the applicant shall submit
exterior lighting details (cut -sheets) for the floodlight replacements.
10) The applicant shall obtain a zoning permit within six (6) months pursuant to Section
17.04 of the Land Development Regulations or this approval is null and void.
11) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the addition and expanded parking area.
12) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Chuck Bolton ye /nay/abstain/not present
Mark Boucher — e /nay/abstain/not present
John Dinklage — /nay/abstain/not present
Roger Farley — e nay/abstain/not preseol
Michele Kupersmith — ea/nay/abstain of present
Larry Kupferman — e /nay/abstain/not present
Gayle Quimby — e nay/abstain/not present
Motion carried by a vote of 2
Signed this / day of February, 2005 by
John Dinklage, Chair
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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).
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