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HomeMy WebLinkAboutSP-22-021 CU-22-04 - Decision - 0155 Dorset Street #SP-22-021 #CU-22-04 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING EL GATO CANTINA 155 DORSET STREET SITE PLAN APPLICATION #SP-22-021 and CONDITIONAL USE APPLICATION #CU-22-04 FINDINGS OF FACT AND DECISION Site plan application #SP-22-021 and conditional use application #CU-22-04 of El Gato Cantina to amend a previously approved Planned Unit Development for a 705,335 sf shopping center complex. The amendment consists of adding seasonal mobile food unit as a use and designating an area for seasonal mobile food unit operations, 155 Dorset Street. The Development Review Board held a public hearing on June 21, 2022. 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. This project consists of Site Plan application #SP-22-021 and Conditional Use application #CU-22-04 of El Gato Cantina to amend a previously approved Planned Unit Development for a 705,335 sf shopping center complex. The amendment consists of adding seasonal mobile food unit as a use and designating an area for seasonal mobile food unit operations, 155 Dorset Street. 2. The project is located in the Form Based Code Transect Zone-4 Zoning District and the Transit Overlay Zoning District. 3. The owner of record of the subject property is Burlington Umall Owner, LLC. 4. The application was received on April 28, 2022. 5. The plan submitted is entitled, “Overall Site Plan”, prepared Summit Engineering, Inc., dated 02/15/2018 and last revised by the applicant on 04/28/2022. The LDR defines a seasonal mobile food unit as follows. Seasonal mobile food unit: A short order restaurant that is open for business for only a portion of each year. Food is customarily consumed partially on and partially off premise. Outdoor seating may consist of benches, tables, and chairs that are not permanently affixed to the ground. The food unit, along with all accessory items such as tables, chairs, benches, and dumpsters, are removed from the site at the expiration of a permit under these regulations. Restrooms are not customarily provided in conjunction with a seasonal mobile food unit. Conversely, a peddler permit authorizes a single individual and up to two employees to sell goods from a motor vehicle. The motor vehicle under a peddler permit can only stand for short periods of time for the purpose of delivering the goods sold. The applicant’s narrative, included in the packet for the Board, more closely describes a seasonal mobile food unit. Establishing the use as a seasonal mobile food unit has certain temporal and logistical advantages, described under 14.11I below, compared to a peddler permit which must be obtained for each vendor. #SP-22-021 #CU-22-04 A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS As a temporary use, no changes to dimensional requirements are proposed. The use will occur on an existing impervious surface. B) SITE PLAN REVIEW STANDARDS 14.06 General Review Standards A. Relationship of Proposed Structures to the Site. (1) 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 DRB shall consider the following: (a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. No impacts to building setbacks or landscaping are proposed. (b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building foundations relate to the site’s topography and grade. No impacts to buildings are proposed. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between existing, planned or approved development, and proposed development. No permanent structures are proposed. The Board finds the temporary use to not detract from compliance with this criterion. (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. The proposed use is located adjacent to an area of existing parking. Additional proximate parking is located both south and west of the proposed use. Staff considers this criterion met. (e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of these regulations. No impacts to buildings are proposed. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. No changes to locations of existing parking are proposed (3) 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 anticipated adjoining buildings. No impacts to buildings are proposed. #SP-22-021 #CU-22-04 B. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (2) 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. (3) To accomplish (1) and (2), the DRB shall consider: (a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development defined by the planned or existing street grid, block configurations, position and orientation of principal buildings, prevalence of attached or detached building types. (b) Architectural Features. Respond to recurring or representative architectural features that define neighborhood character, without adhering to a particular architectural style. (c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and back yard areas through context sensitive design. No impacts to buildings or structures are proposed. C. Site Amenity Requirement (1) Sites are required to include a specific minimum area for appropriate Site Amenities. This section does not apply to projects within the City Center FBC District (which are governed by Section 8.08). (2) Applicability. Applications for the following shall be required to provide Site Amenities: (a) Any non-residential development over 5,000 SF. (b) Additions or expansions exceeding 5,000 SF for existing non-residential structures. (c) Any residential development, including conversion of non-residential structures to residential use. These thresholds are not exceeded therefore no site amenity is required. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Environmental Protection Standards. All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. No impacts to resources identified in Article 12 are proposed. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. These standards are contained in Article 13 and are discussed below as applicable. #SP-22-021 #CU-22-04 C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. The proposed seasonal mobile food unit does not affect previously approved access and circulation for the site. Staff considers the criterion of 15.A.14 to be met. F. Access to Abutting Properties. 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. See 13.02F below for discussion of access. G. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met. No changes to wire-served utilities are proposed. C) SUPPLEMENTAL REGULATIONS 13.07 Exterior Lighting Lighting requirements are summarized as follows. (1) Fixtures must be downcast and shielded (2) Illumination must be evenly distributed (3) Fixtures must be placed to minimize lighting from becoming a nuisance (4) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish (5) Poles & building mounted fixtures may be no higher than 30-ft (6) Poles must be located in safe locations Specific requirements for maximum illumination levels are included in Appendix A and are limited to 3 foot-candles average at ground level. The applicant has proposed to operate from 5 – 9 PM June – October. There are existing parking lot lights illuminating the area. The Board finds additional temporary lighting must be compliant with 13.07B(2): All light sources shall be arranged so as to reflect away from adjacent properties. All light sources shall be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent streets. No additional permanent lighting shall be permitted without an amendment. #SP-22-021 #CU-22-04 D) CONDITIONAL USE REVIEW 14.11 Site Plan and Conditional Use Review: Specific Uses and Standards I. Seasonal Mobile Food Units Seasonal mobile food units shall be subject to site plan review and the following requirements: (1) A proposed seasonal mobile food unit shall provide evidence of a valid Commercial Caterer License from the Vermont Department of Health. The Board finds the applicant must provide evidence of this prior to issuance of a zoning permit enacting this application. (2) A seasonal mobile food unit may have temporary outdoor seating for a maximum of sixteen (16) people. Temporary outdoor seating shall be placed directly on the ground with no foundation or underlying structure. The applicant is proposing 16 seats. The Board finds this criterion met. (3) A seasonal mobile food unit shall not be permitted to operate between the hours of 9:00 pm and 7:00 am. The applicant is proposing to operate from 5 – 9 PM. The Board finds this criterion met. (4) A seasonal mobile food unit, and any associated seating and accessory items such as dumpsters, shall be removed from the property at the expiry of its permit under these regulations. The applicant has indicated individual vendors will be responsible for removal of trash, compost and recycling. The Board finds this criterion met. (5) A seasonal mobile food unit shall be exempt from landscaping requirements under these regulations. The Board finds this criterion met. (6) Prior to approval of a zoning permit or renewal, a written recommendation shall be sought from the South Burlington Police Department, South Burlington Fire Department, and South Burlington Department of Public Works. Said permit or renewal may be denied, if vehicular access to the property is likely to, or has, created unsafe vehicular or pedestrian traffic conditions adjacent to the property. The Director of Public Works reviewed the proposed plan on June 7, 2022 and indicated there were no comments. The Fire Chief reviewed the project on June 6, 2022 and indicated that if there is a valid vehicle inspection sticker, there are no issues. (7) A zoning permit for a seasonal mobile food unit shall be valid for a maximum of seven (7) months, from April 1 to October 31, after which time it expires. The applicant is required to enact this application with a zoning permit. The Board finds this criterion shall be incorporated as a condition of approval. (8) A seasonal mobile food unit zoning permit may be renewed in subsequent calendar years at the request of the applicant. The administrative officer shall approve the renewal upon finding that all #SP-22-021 #CU-22-04 aspects of the permit and these regulations have been met to date and in the previous year’s operation of the seasonal mobile food unit. No such renewal shall be issued if no zoning permit was issued in the previous calendar year. The Board finds this criterion shall be incorporated as a condition of approval. (9) Any modifications to an approved site plan shall require an amendment as required by these Regulations. No permanent modifications to the approved site plan are proposed. (10) A seasonal mobile food unit shall be exempt from Section 10.01, Traffic Overlay District, of these regulations. The Board finds this criterion met. (11) Notwithstanding any other provisions within these Regulations, applications under this 14.11(H) assigned to the Development Review Board shall be reviewed by the Board in all Zoning Districts and the City Center FBC District. This application is being reviewed by the Board. 14.10 Conditional Use Review: General Provisions and Standards E. General Review Standards. The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. The Board finds this proposal, located within the approved parking area for the University Mall, is within the capacity of existing community facilities. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. The Board finds this criterion met. (a) A multiunit dwelling project consisting of four or fewer units located in a district allowing multiunit dwellings may not be denied solely due to an undue adverse effect on the character of the area affected. Not Applicable (3) Traffic on roads and highways in the vicinity. The Board finds this criterion met. (4) Bylaws and ordinances then in effect. The Board finds this criterion will be met when the issues identified herein are addressed. (5) Utilization of renewable energy resources. The Board finds this criterion met. #SP-22-021 #CU-22-04 E) OTHER The applicant has stated that they will be playing non live entertainment and serving alcohol. The Board reminds the applicant that they will be responsible for compliance with all applicable City ordinances, including those pertaining to liquor licensing and entertainment permits. DECISION Motion by Mark Behr, seconded by John Stern, to approve Site Plan application #SP-22-021 and Conditional Use application #CU-22-04 of El Gato Cantina, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. The project must be completed as shown on the plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning as amended herein. 3. The plans must be revised to show the changes below and shall require approval of the Administrative Officer. a. Attribute the plan edits and provide a date 4. A digital PDF version of the approved final plan must be delivered to the Administrative Officer before issuance of a zoning permit. 5. The applicant must provide evidence of a valid Commercial Caterer License from the Vermont Department of Health prior to issuance of a zoning permit. 6. A zoning permit must be obtained for the project within six (6) months of approval with the option for requesting a one (1) year extension. 7. The zoning permit shall be valid for a maximum of seven (7) months, from April 1 to October 31, after which time it expires. 8. The zoning permit may be renewed in subsequent calendar years at the request of the applicant. The administrative officer shall approve the renewal upon finding that all aspects of the permit and these regulations have been met to date and in the previous year’s operation of the seasonal mobile food unit. No such renewal shall be issued if no zoning permit was issued in the previous calendar year. 9. All 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. The Board finds additional temporary lighting must be compliant with 13.07B(2). No additional permanent lighting shall be permitted without an amendment. 10. The applicant must continue to maintain the approved landscaping in a vigorous growing condition throughout the duration of the use. 11. Any changes to the plan will require approval of the South Burlington Development Review Board or Administrative Officer. Dan Albrecht Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present #SP-22-021 #CU-22-04 Quin Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present John Stern Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Motion carried by a vote of 5 - 0 - 0. Signed this ____ day of June, 2022, by _____________________________________ Dan Albrecht, Vice Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. 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.