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Home My WebLink AboutSP-13-24 - Decision - 0006 Ethan Allen Drive#S P 13-24 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING ANN E.M. ROBITAILLE - 6-12 ETHAN ALLEN DRIVE SITE PLAN APPLICATION #SP-13-24 FINDINGS OF FACT AND DECISION Ann E.M. Robitaille, hereinafter referred to as the applicant, is seeking site plan approval to install a seasonal mobile food unit, 6-12 Ethan Allen Drive. The Development Review Board held a public hearing on June 4, 2013. The applicant represented herself. Based on the plans and 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 install a seasonal mobile food unit, 6-12 Ethan Allen Drive. 2. The owner of record of the subject property is Robert Shand. 3. The subject property is located in the Mixed Industrial & Commercial Zoning District 4. The application was received on May 1, 2013. 5. The plan submitted consists of untitled, hand -drawn plans. DIMENSIONAL REQUIREMENTS There are no dimensional changes associated with this application. Setback requirements are being met. 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. There are no permanent structures proposed. The seasonal mobile food unit is a motor vehicle. This proposal is exempt from the landscaping requirements. -1— CAUsers\Mark\Documents\South Burlington DRB\6.18.13 Meeting Decisions\SP_13_24_6-12EthanAllenDr_Robitaille_food_unit_ffd.doc #S P 13-24 A total of 20 parking spaces are proposed. The applicant shall provide on -site delineation of the parking area. This should include parking signs, parking stops, or even a physical delineation of actual spaces through ground striping. The applicant shall maintain a narrow access to the property via roping or other acceptable method, such that vehicles are not free to enter and leave along the entirely of the property's Lime Kiln Road boundary. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking will be located to the side of the seasonal mobile food unit. (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. No permanent buildings are proposed. 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. No utility services will be provided. The applicant will be using an extension cord connected to the adjacent building to the north. (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. No permanent buildings are proposed; therefore this criterion does not apply. (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. No permanent buildings are proposed; therefore this criterion does not apply. 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. Due to the nature of the use, the reservation of land for access to abutting properties is not recommended at this time and therefore this criterion does not apply. (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. -2— CAUsers\Mark\Documents\South Burlington DRB\6.18.13 Meeting Decisions\SP_13_24_6-12EthanAllenDr_Robitaille_food—unit _ffd.doc #S P 13-24 There are no wire serviced utility lines to the mobile food unit. Therefore this criterion does not apply. (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 solid waste storage area will be screened. (d) Landscaping and Screening Requirements A seasonal mobile food unit is exempt from landscaping requirements; therefore this criterion does not apply. Lighting No exterior lighting is proposed. Traffic A seasonal mobile food unit is exempt from the Traffic Overlay District. ADDITIONAL REQUIREMENTS A. A proposed seasonal mobile food unit shall provide evidence of a valid Commercial Caterer License from the Vermont Department of Health. The applicant is currently operating under a peddler's permit. The applicant shall be required to provide staff a copy of a valid Commercial Caterer License issued by the Vermont Department of Health prior to permit issuance. B. 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. Seating for a maximum of 16 people is allowed which will be placed on the ground with no foundation or underlying structure. C. A seasonal mobile food unit shall not be permitted to operate between the hours of 9:00 pm and 7:00 am. D. 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. E. A seasonal mobile food unit shall be exempt from landscaping requirements under these regulations. F. 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 -3— C:\Users\Mark\Documents\South Burlington DRB\6.18.13 Meeting Decision s\SP_13_24_6-12EthanAllenDr_Robitaille_food_unit_ffd.doc #S P 13-24 property is likely to, or has, created unsafe vehicular or pedestrian traffic conditions adjacent to the property. 6. Pursuant to the recommendations of the Public Works Director the applicant shall install new gravel at the end of the drives where there is currently only just fine sand. G. 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. H. 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 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. I. Any modifications to an approved site plan shall require an amendment as required by these Regulations. A seasonal mobile food unit shall be exempt from Section 10.02, Traffic Overlay District, of these regulations. DECISION Motion by Tim Barritt, seconded by Michael Sirotkin, to approve site plan application #SP-13-24 of Ann E.M. Robitaille 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 plan and shall be on file in the South Burlington Department of Planning and Zoning. 3. The parking spaces shall be delineated on the site to the satisfaction of the Administrative Officer. 4. Any trash facilities shall be screened to the satisfaction of the Administrative Officer. 5. The applicant shall continue to delineate the access to the property via roping or other acceptable method, such that vehicles are not free to enter and leave along the entirely of the property's Lime Kiln Road boundary. 6. The applicant shall adhere to the dust remediation plan submitted by the applicant and approved by the Director of Public Works per his memo of April 21, 2011, in order to control dust from the dirt parking area. 7. Prior to the issuance of a Certificate of Occupancy, the applicant shall install new gravel at the end of the drives where there is currently only just fine sand. 8. The applicant shall provide the Administrative Officer a copy of the Health Department renewal license prior to the issuance of the zoning permit. -4— CAUsers\Mark\Documents\South Burlington DRB\6.18.13 Meeting Decisions\SP_13_24_6-12EthanAllenDr_Robitaille_food_unit_ffd.doc #S P 13-24 9. 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. 10. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to using and occupying the seasonal mobile food unit. 11. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt— vea nay abstain not present Mark Behr— Yea nay abstain not present Michael Sirotkin — Yea nay abstain not present Art Klugo— Yea nay abstain not present Bill Miller— yea nay abstain not present The application was approved by a vote of 4 — 0 — 0 Signed this 18th day of June 2013, by pp h Digitally signed by Mark C. Behr re'm =Mark C. Behr, o, ou, Mark C. BC1 1maitil=mark@rhbpccom, c=UB Date: 2013.06.18 18:47:43-04'00' Mark Behr, 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://vermont*udiciarV.org/GTC/environmental/defauIt.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 802.879.5676 to speak with the regional Permit Specialist. -5— C:\Users\Mark\Documents\South Burlington DRB\6.18.13 Meeting Decision s\SP_13_24_6-12EthanAlIenDr_Robitaille_food_unit_ffd.doc