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Home My WebLink AboutSP-11-09 - Decision - 0006 Ethan Allen Drive#SP-11-09 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TIMOTHY CUTLER - 6-12 ETHAN ALLEN DRIVE SITE PLAN APPLICATION #SP-11-09 FINDINGS OF FACT AND DECISION Timothy Cutler, 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 public hearings on April 6 and May 3, 2011. The applicant was present. 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. The applicant is seeking site plan approval to install a seasonal mobile food unit, 6-12 Ethan Allen Drive. 2. The application was received on February 23, 2011. 4. The owner of record of the subject property is Robert Shand. 5. The subject property is located in the Mixed Industrial and Commercial Zoning District. 6. The plans submitted consist of untitled, hand -drawn plans. Zoning District & Dimensional Requirements: Industrial -Commercial Zoning District Re' wired Proposed Min. Lot Size 40,000 S.F. 325,828 S.F 1f Max. Building Coverage 40% < 1 % �l Max. Overall Coverage 70% < 1 % �l Max. Front Yard Coverage 30% 6.5 % Min. Front Setback 30 ft 40 ft. + �1 Min. Side Setback 10 ft. 20 ft. + �1 Min. Rear Setback 30 ft. 100 ft. + Max. Building Height 40 ft. N/A Zoning Compliance 1 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\SP_11_09_Cutler_ffd.doc 1 #SP-11-09 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. A discussion on access and circulation is found below in this report. A total of 20 parking spaces are proposed. This is more than adequate to meet the minimum number of spaces required. The Board does have some concern, however, about the practicality of their use. Upon many observations, patrons to the business do not appear to utilize the proposed layout of parking. The applicant should 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 Board has concerns about the wide access to the property. The applicant should narrow 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. (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. (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. 2 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\SP_11_09_Cutler_ffd.doc 2 #SP-11-09 (t) 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. 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. (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. There are no wire serviced utility lines to the mobile food unit. (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. 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. CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\SP_11_09_Cutler_ffd.doc #SP-11-09 The applicant has a valid License to operate from the Department of Health which expires on May 31, 2011. The applicant should be required to provide staff a copy of the renewal license when issued. 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 16 people is proposed 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 shall not be permitted to operate between November 1 and March 30. E. 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 reaulations. F. A seasonal mobile food unit shall be exempt from landscaping requirements under these regulations. G. Prior to approval of a 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 applicant is proposing a single curb cut. The Board remains concerned about the northerly curb cut and sight distances for turning in and out. However, the Board remains in favor of this location. Written recommendations were sought as required. The recommendation from the Director of Public Works is dated February 19, 2010 and updated March 28, 2011 from Justin Rabidoux. The Chief of Police and Fire Department Chief also commented noting that they had no objections to the application or plans. H. A zoning permit for a seasonal mobile food unit shall be valid for a maximum of two months. After the completion of the first month, the applicant may request renewal of the permit for an additional two (2) months within the calendar year on the same property. Up to two (2) renewals may be applied for during a calendar year. The administrative officer shall approve the renewal upon finding that all aspects of the permit and these requirements have been met to date. I. A seasonal mobile food unit shall be exempt from Section 10.02, Traffic Overlay District, of these reaulations. 4 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\SP_11_09_Cutler_ffd.doc 4 #SP-11-09 DECISION Motion by Gavle Quimby, seconded by William Stuono, to approve Site Plan Application #SP-11-09 of Timothy Cutler 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 parking spaces shall be delineated on the site to the satisfaction of the Board. 4. The applicant shall narrow 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. 5. 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. a. Prior to the issuance of a Certificate of Occupancy, the applicant shall place 2" crushed stone within the driveway area, with minimum dimensions of 24 ft. wide by 20 ft. deep, to the satisfaction of the Director of Public Works. 6. The applicant shall provide the Administrative Officer a copy of the Health Department renewal license within seven (7) days of issuance. 7. 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. 8. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to using and occupying the seasonal mobile food unit. 9. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr — yta/nay/abstain/not present Matthew Birmingham — vea/nay/abstain/not present John Dinklage — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present Michael Sirotkin — y2a/nay/abstain/not present Gayle Quimby — yta/nay/abstain/not present Bill Stuono — yea/nay/abstain/not present Motion carried by a vote of 5 — 0 — 0 5 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\SP_11_09_Cutler_ffd.doc #SP-11-09 Signed this 5th day of May 2011, by Digitally signedo by MarkGBehr Mark C. BehrDN: cn=Mark Behr, —Richard Henry Behr Architect P.C., u,email=mark@rhbpc.com, c=US Date: 2011.05.05 09:58:41-04'00' Mark Behr, Chairman 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 htti):Hvermont'udiciary.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 802.879.5676 to speak with the regional Permit Specialist. 6 CADocuments and Settings\Mark C. Behr\My Documents\South Burlington DRB\SP_11_09_Cutler_ffd.doc 6