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Home My WebLink AboutSP-23-030 - Decision - 0222 Dorset Street#SP-23-030 - 1 - CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING SOUTH BURLINGTON SCHOOL DISTRICT – 222 DORSET STREET SITE PLAN APPLICATION #SP-23-030 FINDINGS OF FACT AND DECISION Eli Lesser-Goldsmith, hereinafter referred to as the applicant, is seeking approval to amend a previously approved plan for a 33,733 sf building with 31,351 sf (including mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use. The amendment consists of changing the surface of the pocket park at the corner of Dorset Street & Garden Street from crushed stone to grass, 222 Dorset Street. 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 approval to amend a previously approved plan for a 33,733 sf building with 31,351 sf (including mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use. The amendment consists of changing the surface of the pocket park at the corner of Dorset Street & Garden Street from crushed stone to grass, 222 Dorset Street. 2. The owner of record of the subject property is Bill Scholle. 3. The subject property is located in Transect Zone 4 of the Form-Based Code Zoning District and the Transit Overlay District. 4. The application was received on 8/30/2023. 5. The plans submitted consist of one sheet, titled ‘Planting Plan’, prepared by Bast & Rood Architects on 3/1/2007, and revised by Eli Lesser-Goldsmith on 8/2/2023. Only the standards below are affected by this application. All other standards will continue to be met. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS No changes to the Zoning District & Dimensional requirements are proposed – Transect Zone 4 of the Form-Based Code Zoning District does not have any lot coverage standards, so the replacement of impervious surface with pervious surface does not affect compliance with any applicable regulations. SITE PLAN & GENERAL REVIEW STANDARDS 13.03 Bicycle Parking and Storage As per Table 13-3, commercial facilities have a short-term bicycle parking requirement of one space per 5,000 square feet GFA. This property includes 31,351 square feet of retail food #SP-23-030 - 2 - establishment use and 2,382 square feet of short-order restaurant use, for a total of 33,733 square feet of commercial space, which requires a minimum of 7 short-term bicycle parking spaces. The property currently has ten short-term bike parking spaces, exceeding this minimum requirement, and is not proposing to alter compliance with this criterion as part of this application. The Administrative Officer finds this criterion met. 13.04 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 snow storage areas are indicated on the site plan. The Administrative Officer finds this criterion met. 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.” The applicant is not proposing to add or replace exterior lighting fixtures; no exterior lighting impacts are proposed as part of this application. As such, the Administrative Officer finds this criterion met. 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 waste receptacle areas on the property are all presently in compliance with these criteria, and the applicant is nor proposing any changes that will impact compliance with these criteria. The Administrative Officer finds this criterion met. Vehicle Trip Generation The proposed resurfacing of the pocket park does not constitute a change of use for this property and will not increase the trip generation of the existing use. As such, the Administrative Officer finds that the proposed resurfacing of the pocket park does not represent a vehicle trip generation impact. Water & Wastewater The proposed resurfacing of the pocket park does not constitute a change or increase in the estimated water or wastewater allocations for this property. As such, the Administrative Officer finds that the proposed resurfacing of the pocket park does not represent a water or wastewater impact. DECISION Based on the above Findings of Fact, the Administrative Officer hereby approves site plan application #SP-23-030 of Eli Lesser-Goldsmith, subject to the following conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. #SP-23-030 - 3 - 2. This project shall be completed as shown on the plan and shall be on file in the South Burlington Department of Planning and Zoning. 2. The Administrative Officer concurrently issues Zoning Permit #ZP-23-340. 3. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications must be underground. 4. 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. 5. All exterior lighting shall 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. No exterior lighting is permitted as part of this application. 6. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the amended feature. 7. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Signed on this _6th_ day of _September_, 2023 by ____________________________________________ Marty Gillies, Development Review Planner I 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.