HomeMy WebLinkAboutSP-10-16 - Decision - 0006 Ethan Allen Drive#SP-10-16
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TIMOTHY CUTLER - 6-12 ETHAN ALLEN DRIVE
SITE PLAN APPLICATION #SP-10-16
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 a public hearing on March 16, 2010. 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 16, 2010.
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
Required
Proposed
Min. Lot Size
40,000 S.F.
325,828 S.F
Max. Building Coverage
40%
< 1 %
Max. Overall Coverage
70%
< 1 %
Max. Front Yard Coverage
30%
6.5 %
�l Min. Front Setback
30 ft
40 ft. +
4 Min. Side Setback
10 ft.
20 ft. +
4 Min. Rear Setback
30 ft.
100 ft. +
4 Max. Building Height
40 ft.
N/A
4 Zoning Compliance
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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.
(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.
(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.
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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.
The applicant has a valid License to operate from the Department of Health which
expires on May 31, 2010. 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.
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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 regulations.
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 three (3) curb cuts. An ingress only curb cut is proposed at
the southerly portion of the property along the one-way leg of Shamrock Road. An
ingress and egress curb cut is proposed at the northerly end of the site on Lime Kiln
Road. An ingress and egress access is proposed along Ethan Allen Drive. 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 from Justin Rabidoux. He
expresses concern with the egress at the southerly curb cut which is labeled "Enter
Only" where there is no way to prevent southbound cars from making an illegal
movement. He suggests that "unless a more detailed plan is developed" that this curb
cut should be closed.
The Board concurs with the Director of Public Works. This access point cannot be
monitored to be one -directional. Furthermore, three access points is excessive for such
a size property and use. Permanent buildings which are infinitely larger and in less
traveled corridors have not been permitted to have so many access points. The Board
does not see any need for more than one ingress and one egress.
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 regulations.
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DECISION
Motion by Mark Behr, seconded by Roger Farley, to approve Site Plan Application
#SP-10-16 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 southernmost curb cut on Lime Kiln Rd. and the Ethan Allen Drive curb cut shall
be closed for ingress and egress.
4. The parking shall be delineated on site.
5. The applicant shall provide the Administrative Officer a copy of the Health
Department renewal license within seven (7) days of issuance.
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 from the Administrative Officer
prior to using and occupying the seasonal mobile food unit.
8. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Eric Knudsen — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Bill Stuono — yea/nay/abstain/not present
Motion carried by a vote of 6-0-0
Signed this j day of
John Dinklage, Chairman
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 $250.00. 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).
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