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Home My WebLink AboutSP-09-29 - Decision - 0006 Ethan Allen Drive#S P-09-29 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TIMOTHY CUTLER - 6-12 ETHAN ALLEN DRIVE SITE PLAN APPLICATION #SP-09-29 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 April 21, 2009. 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 April 1, 2009. 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 Zonin 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 % Min. Front Setback J 30 ft 40 ft. + Min. Side Setback 1.0 ft. 20 ft. + Min. Rear Setback 30 ft. 100 ft. + Max. Building Height 40 ft. N/A 4 Zoning Compliance 1 I:\Development Review Boa rd\Findings_Decisions\2009\Cutler\Cutler_SP0929_ffd.doc #SP-09-29 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 is no structure proposed. The seasonal mobile food unit is a motor vehicle. This proposal is exempt from the landscaping requirements. A total of 16 parking spaces are proposed. This is adequate to meet the minimum number of spaces required. (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 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 building is proposed, therefore this criterion does not apply. (� 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. There are no proposed structures. 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 2 I:\Development Review Boa rd\Findings_Decisions\2009\Cutler\Cutler_SP0929_ffd.doc #SP-09-29 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. (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, 2009. A renewal license can not be obtained until the seasonal mobile food unit is installed on the property. 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. 3 I:\Development Review Boa rd\Findings_Decisions\2009\Cutler\Cutler_SP0929_ffd.doc #SP-09-29 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 two (2) 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. The egress will be signed for right -turn only to address the concerns expressed by the Public Works Director. Written recommendations were sought as required. The recommendation from the Director of Public Works expresses concern with the egress at the northerly curb cut and whether adequate sight distance exists for the left -turning movements. He suggests that an analysis of the sight distance be prepared by an engineer. Staff concurs. 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. DECISION Motion by C>A- « (0 & seconded by F��j IXU7 , to approve Site Plan Application #SP 09-29 of Timothy Cutler subject to the fol owin PP pp Y J g 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. 4 I:\Development Review Board\Findings_Decisions\2009\Cutler\Cutler SP0929 ffd.doc #S P-09-29 3. The plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the revised plan shall be submitted to the Administrative Officer prior to permit issuance. a. The plan shall be revised to eliminate the northerly curb cut. 4. The applicant shall provide the Administrative Officer a copy of the Health Department renewal license within seven (7) days of issuance. 5. The applicant shall install an "enter only" sign at the southerly curb cut 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/of present John Dinklage —area/nay/abstain of present Roger Farley —Ynay/abstain/not presen Eric Knudsen — e nay/abstain/not present Peter Plumeau — y nay/abstain/not present Gayle Quimby — e /nay/abstain/not present Motion carried by a vote of Signed this da �' I 2009, b g Y. Y Mark Behr, Vice 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 $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). 5 I:\Development Review Board\Findings_Decisions\2009\Cutler\Cutler_SP0929_ffd.dOc