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HomeMy WebLinkAboutDR-08-07 SP-08-67 - Decision - 0222 Dorset Street#DR-08-07 #SP-08-67 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING PATRICK MALONE - 222 DORSET STREET DESIGN REVIEW APPLICATION #DR-08-07 SITE PLAN APPLICATION #SP-08-67 FINDINGS OF FACT AND DECISION Patrick Malone, hereafter referred to as the applicant, is seeking site plan approval for the following exterior modifications within the City Center Design Review District: 1) extending the outdoor display area, 2) adding a temporary storage area, 3) adding bollard parking spots, 4) adding two bike racks, and 5) adding two seasonal picnic tables, 222 Dorset Street. The applicant is also seeking design review approval to amend a previously approved plan consisting of a 33,733 sq. ft. GFA building with 31,951 sq. ft. (including mezzanine) of retail food establishment use and 2382 sq. ft. of short-order restaurant use. The amendment consists of: 1) the addition of extended outdoor display areas, 2) adding a temporary storage area, 3) adding bollard parking stops, 4) adding two (2) bike racks, and 5) adding two (2) seasonal picnic tables, 222 Dorset Street. The Development Review Board held a public hearing on Tuesday, August 19, 2008. David G. White 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. Patrick Malone, hereafter referred to as the applicant, is seeking site plan approval for the following exterior modifications within the City Center Design Review District: 1) extending the outdoor display area, 2) adding a temporary storage area, 3) adding bollard parking spots, 4) adding two bike racks, and 5) adding two seasonal picnic tables, 222 Dorset Street. 2. The applicant is also seeking design review approval to amend a previously approved plan consisting of a 33,733 sq. ft. GFA building with 31,951 sq. ft. (including mezzanine) of retail food establishment use and 2382 sq. ft. of short- order restaurant use. The amendment consists of: 1) the addition of extended outdoor display areas, 2) adding a temporary storage area, 3) adding bollard parking stops, 4) adding two (2) bike racks, and 5) adding two (2) seasonal picnic tables, 222 Dorset Street. 3. The owner of record of the subject property is Patrick Malone. 4. The subject property is located in the Central District 1 Zoning District and in the City Center Design Review District. #DR-08-07 #SP-08-67 5. The plan submitted is entitled, "Malone Properties Dorset Street South Burlington, Vermont Healthy Living", prepared by DeWolfe Engineering Associates, Inc., dated Oct 19, 2006, last revised on 7/23/08. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS There are no changes to the dimensional requirements as a result of this application PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the SBLDR. PUDs shall comply with the following standards and conditions: (a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. (b) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. There are no changes to the site's compliance with these criteria as a result of this application. (c) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The applicant is proposing to install large bollard parking stops, two additional bike racks, and pavement markings for traffic control. The bollard parking stops are proposed to be located entirely on the sidewalks and not in the parking area, so as not to shorten the length of the parking spaces. These bollards consume approximately two feet and as such the eight foot wide sidewalk shall be reduced to approximately six feet in width. The Board has no concerns about this proposal. The additional bike racks are appropriately placed and well advised. The Board has no concerns about their proposal or location. The proposed pavement markings are an added safety measure being proposed by the applicant in response to some concerns from the City about vehicles ignoring the signage which permits only delivery traffic to the south side of the building. The Board appreciates the applicant's response to these concerns and find that the markings will only improve safe traffic management. The proposed display areas, both permanent and temporary, are addressed further below in this report. (d) The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. -2- #DR-08-07 #SP-08-67 There are no changes to this criterion as a result of this application. (e) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. There are no changes to this criterion as a result of this application. As the proposed amendments require design review approval, the Board notes that the proposed new bike racks and bollards, are in compliance with the goal of the city's design review guidelines. (fJ Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. There are no changes to this criterion as a result of this application. (g) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. There is no need for additional review by the Fire Chief as a result of this application. (h) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. (i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. (j) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). There are no changes to this criterion as a result of this application. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. 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. There are no changes to this criterion as a result of this application. - 3 - #DR-08-07 #SP-08-67 (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. This criterion is largely being met. (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. This criterion is being met (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. It has already been noted that new utility lines must be underground. (e) The DRB 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 Design Review Committee has reviewed the building elevations and commented on this criterion. They find the proposed materials to be visually appealing and in compliance with this criterion. (f) 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 Design Review Committee has reviewed the building elevations and commented on this criterion. They find the proposed elevations to be visually appealing and in compliance with this criterion. 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. This criterion has been handled as a part of previous applications. (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. It has already been indicated that new utility lines must be underground. M #DR-08-07 #S P-08-67 (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). This criterion is being met. (d) Landscaping and Screening Requirements. There are no changes to this criterion as part of this application (e) Other- OUTSIDE DISPLAY The applicant is proposing is proposing to enlarge the previously approved areas, near the main entrance of the building labeled on the plans as "outdoor display". They also propose a separate area for temporary storage of construction materials near the east side of the building. Four small areas labeled "outdoor display" were previously approved near the main entrance. Article 8 of the South Burlington Land Development Regulations specifically states that "outside storage in connection with any permitted use" is specifically prohibited in the Central District. Outside storage is defined in the Land Development Regulations as: "The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours." The applicant will therefore have to remove the merchandise on display in any unroofed portion of the site on a daily basis so as not to constitute "outside storage". The Board will permit temporary storage of the bollards to the east of the building as a result of ongoing construction. This storage shall be limited to construction materials, and be permitted for no longer than six additional months. DECISION �li ��� Q�f r' seconded b Motion by y � to approve Design Review Application #DR-08-07 and Site Plan Application #SP-08-67 of Patrick Malone, 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 and on file in the South Burlington Department of Planning and Zoning. 3. The plans shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance. - 5 - #DR-08-07 #SP-08-67 a. The plans shall be revised to note that the storage of construction materials on the east side of the building will expire after six months from the date of this approval. 4. There shall be no outside storage on the property, except as approved below in condition #5, as defined in the Land Development Regulations. 5. The temporary storage area proposed to the east of the building shall be limited to construction materials and shall expire after six months from the date of this approval. 6. 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. 7. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the site modifications approved. 8. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr �/nay/abs m/not present Matthew Birmingham —nay/abstain/not present e nay/abstain/not present John Dinklage —d Roger Farley — e /nay/abstain/not present Eric Knudsen — e /nay/abstain/not present Peter Plumeau — yea/nay/abstain of resen Gayle Quimby — ea ay/abstain/not present Motion carried by a vote of Signed this,` � day of tia 2008, by 1 John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 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). -6-