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HomeMy WebLinkAboutSP-23-019 - Decision - 1205 Williston Road#SP-23-019 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING THE NAPOLI GROUP – 1205 WILLISTON ROAD SITE PLAN APPLICATION #SP-23-019 FINDINGS OF FACT AND DECISION The Napoli Group, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for a 3,480 sf short-order restaurant. The amendment consists of removing approximately 230 linear feet of fence along the northeast property line, 1205 Williston Road. Based on the plans and materials contained in the document file for this application, the Administrative Officer finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking to amend a previously approved plan for a 3,480 sf short-order restaurant. The amendment consists of removing approximately 230 linear feet of fence along the northeast property line, 1205 Williston Road. 2. The owner of record of the subject property is the Napoli Group. 3. This project is located in Transect Zone 4 of the Form-Based Code Zoning District, Zone 2 of the Traffic Overlay District, and the Transit Overlay District. A portion of this property not proposed to be impacted by this application is located in the Wetland Advisory Layer. 4. The application was received on August 25, 2023. 5. The applicant submitted one plan sheet, numbered ‘C-1’ and titled ‘Site Plan’, prepared by Bohler Engineering on October 30, 2007, and last revised by Kimberly Shunk on May 1, 2023 to highlight the sections of fence proposed to be removed. SITE PLAN REVIEW STANDARDS Only the standards below are affected by this application. All other standards will continue to be met. 13.03 Bicycle Parking Per Section 13.03, the minimum required number of bicycle parking spaces for this use is one (1) space per 5,000 sf or a total of four (4) spaces, whichever is greater. The applicant previously received approval to install bicycle parking as part of previous Site Plan approval #SP-07-91. The bike rack in place on the site is in the area designated for bicycle parking and has the capacity to provide four (4) short-term bicycle parking spaces. As such, the Administrative Officer finds this criterion met. 13.04.B Snow Storage Per Section 13.04.B(7), “snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface water.” The existing snow storage areas meet these standards, and no impacts to snow storage are being proposed as part of this application. #SP-23-019 13.04.C Screening or Buffering Per Section 13.04.C, “landscaping, fencing, land-shaping, and/or screening along property boundaries” shall be required when “a parking or loading area is adjacent to or visible from a public street”. Furthermore, this sections states that, “screening of a parking or loading shall be provided where headlights from vehicles on site may be visible and project parallel to a public street”. The fence proposed for removal is located between an existing parking area and the street. Nonetheless, the Administrative Officer finds that, due to the presence of the 1241 Williston Road parking area between the subject parking area and the public street, there is no additional impact presented by removing the fence between this parking area and the public street. 13.04.I Landscape Maintenance Per Section 13.04.I, “All planting shown on an approved site plan shall be maintained by the property owner in a vigorous growing condition throughout the duration of the use.” The applicant is not proposing to amend or alter the approved landscaping plan as part of this application. As such, prior to issuance of a Certificate of Occupancy, all landscaping must match that which is included on the 2007 approved plan. 13.07 Exterior Lighting Per Section 13.07.A, exterior lighting “shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or street”. There are no lighting impacts proposed as part of this application. 14.07 Access & Circulation The applicant is proposing to remove two sections of a fence that screens the property at 1205 Williston Road from the property at 1241 Williston Road. The fence is located between a parking area that serves 1205 Williston Road and a parking area that serves 1241 Williston Road, but existing topographical factors serve to functionally separate the two parking areas. As such, the removal of the fence will not affect vehicular access or circulation on this site, or on the adjacent site, since vehicles are presently unable to move between the two sites and will remain unable to move between the two sites once the fence is removed. 14.07 Disposal of Wastes Per Section 14.07.I, dumpsters “shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s)”. The existing dumpster and screening fence meet these standards, and no changes or alterations to the dumpster enclosure are being proposed as part of this application. As such, the Administrative Officer finds this criterion met. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-23-019 of the Napoli Group, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. #SP-23-019 2. This project shall be completed as shown on the plan(s) and shall be on file in the South Burlington Department of Planning and Zoning. 3. The Administrative Officer concurrently issues Zoning Permit #ZP-23-159. 4. Bicycle racks must meet the minimum requirements of 13.14 and Appendix G. 5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer when the project is complete and prior to use of the amended features. 6. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan must meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 7. Any change to the site plan shall require approval by the South Burlington Administrative Officer or the Development Review Board, as allowed under the Land Development Regulations. Signed on this 1st day of September, 2023 by _____________________________________ Marty Gillies, Acting Administrative Officer 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.