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HomeMy WebLinkAboutBATCH - Supplemental - 0006 Ethan Allen Drivesouth] P L A N N I June 20, 2013 Re: #SP-13-24 Dear Applicant: G Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Development Review Board concerning your recent application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sinc el Raymond J. Bkki Administrative Officer Encl. CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 5389 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com STATE OF VERMONT - AGENCY OF HUMAN SERVICES STATE BOARD OF HEALTH License to Operate I.D.# W4$ LINK I.D.# LICENSE TYPE: . d i ; ' )--:AL f— � T EFFECTIVE DATE: , ' ✓ -- / -, _1 1 ESTABLISHMENT NAME & LOCATION: ' _ aAR7 T 7 Li''J 1 L.a LICENSEE NAME & ADDRESS: -- T 7S L JX SOU''! U L s , .y CAPACITY: _ _ _ -- FEE: $ 4 , ,fj ,) EXPIRATION DATE: , THIS IS TO CERTIFY THAT ABOVE ESTABLISHMENT IS LICENSED TO OPERATE UNDER THE PROVISIONS OF TITLE 18 SECTIONS 4351-4451 VERMONT STATUTES ANNOTATED. THIS LICENSE IS VALID PENDING RATIFICATION BY THE VERMONT BOARD OF HEALTH. THIS LICENSE IS NOT TRANSFERABLE AND IS VALID ONLY FOR THE LICENSEE LISTED BELOW. THIS LICENSE SHALL BE CONSPICUOUSLY POSTED. CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD DEPARTMENT OF PLANNING & ZONING Report preparation date: May 31, 2013 F:\USERS\Planning & Zoning\Development Review Plans received: May 1, 2013 Board\Staff Comments\2013\SP_13_24_6- 12EthanAllenDrive.doc 6-12 Ethan Allen Drive SITE PLAN APPLICATION #SP-13-24 da#7 Owner/Applicant Ann E.M. Robitaille PO Box 9221 South Burlington, VT 05407 Meeting date: June 4, 2013 Property Information Tax Parcel 0640-0012/000006/0018 Mixed Industrial & Commercial Zoning District CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING P:IDevelopment Review BoardlStaff Comments120131SP 13 24_6-12EthanAllenDrive.doc PROJECT DESCRIPTION Site plan application #SP-13-24 of Ann E. M. Robitaille to install a seasonal mobile food unit, 6-12 Ethan Allen Drive. COMMENTS Administrative Officer Ray Belair and Planner Temporary Assignment Dan Albrecht, referred to herein as Staff, have reviewed the plans submitted on April 2, 2013 and have the following comments. 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 Min. Front Setback 30 ft 40 ft. + Min. Side Setback 10 ft. 20 ft. + Min. Rear Setback 30 ft. 100 ft. + Max. Building Height 40 ft. N/A Zoning Compliance 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 total of 20 parking spaces are proposed. 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 applicant should maintain a 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. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING P:IDevelopment Review BoardlStaff Comments120131SP 13 24 6-12EthanAllenDrive.doc (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. 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. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING P:IDevelopment Review BoardlStaff Comments120131SP 13 24_6-120hanAllenDrive.doc 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 should be required to provide staff a copy of a valid Commercial Caterer License issued by the Vermont Department of Health. 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 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 property is likely to, or has, created unsafe vehicular or pedestrian traffic conditions adjacent to the property. Written recommendations were sought as required. The Chief of Police and Fire Chief indicated to staff that they had no objections to the application or plans. The Public Works Director indicated that the site could benefit from new gravel at the end of the drives where these is 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. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING P:IDevelopment Review BoardlStaff Comments120131SP 13 24 6-12EthanAllenDrive.doc A seasonal mobile food unit shall be exempt from Section 10 02 Traffic Overlay District of these regulations. Respectfully submitted, Ray Belair, Administrative Officer Copy to: Ann Robitaille, applicant No Text } RECEIVED JUN 0 4 202 South Burlington Planning & Zoning City of So. Burlington June 4th 2013 Subject; #SP-13-24 Seasonal Mobile Food Unit Location Ethan Allen Dr and Lime Kiln Rd, South Burlington As a reminder the planning and zoning was provided with supporting evidence in video footage of Dust blowing onto my property and home as vehicles were entering and leaving from the mobile food trailer parking area directly across the street. I also have more recent video if you need again. Also I gave the South Burlington Planning & Zoning a copy of the EPA website determining that dirt, unpaved road dust was considered a pollutant and unhealthy. Which basically we all agreed. The conclusion between all parties and the town road manager was to allow Tim Cutler to have stone put down to stop the dust created as vehicles enter and leave said premises. To later find this did not resolve the dust / pollution. The EPA code of federal regulations Title 40, section 52.128 has rules and regulations for Unpaved Parking Lots and the pollution created from such unpaved area's. I have also been trying to call them to only get a voice mail, The purpose is to get there involvement or suggestions to resolve this. There has been 2 so called new owners since Tim Cutler sold this mobile food trailer, Each time the new owner / operator purchases a Peddlers Permit to get around the normal rules and regulations to operate the food trailer with No Concern to the Health and Welfare of its impact on the community and more so dust entering my home! Its so bad as previously stated that I cannot open my windows! Still to this day and have to wash my house twice a year. The property owner next door conveyed the same concern of all the dust and I suggested he come to the meeting, But he thinks it's a waste of time. Now last year I did not say much as of the road construction project, But I did to the contractor and person in charge. I asked about funding for the clean up cost resulting from the road dust from tearing up the road, I was told someone would call me back which never happen. I ended up paying for all clean up cost. Now here we are 3 years later. Same dust and pollution problems occurring when vehicles coming and going from that property. Recently the I' day prior to the new owner setting up the food trailer, There was a lawn mowing guy there mowing the lawn and the dust was blowing towards my home. I went to see Ray to be advised of the new owner/peddler. Later i also told the woman employee to have the new owner come and see me about the ongoing issues, But she never came over to discuss the ongoing situation and that alones says allot. Lack of concern to say the least. Now the last time we discussed this issue most of the folks on the planning and zoning agreed there was a major problem and it would get resolved. But the stone put down has not worked, Its like its being push into the sandy soil and sand and soil is still there. Plus other area's were the cars park bring up dust as they leave. As traffic increases the grass is worn away and sandy soil is left. Now with all the rain it has been tolerable and not so bad, But as the hot weather returns the dust will hovering and blowing towards and in my home. Now once again I am not anti business! I just want to be able to open my windows in the front of my home and have less dust all over my home. The only solution I can see is just to pave the area were cars park and drive on while leaving and entering. One last concern, The Peddlers Permit if you read, A. Purpose It clearly states to regulate the activities for the Protection of the Public HEALTH, Safety, Welfare, convenience Etc... This ordinance needs to be revised as it does not protect public health ! If a peddlers business or area of operation ( Unpaved Parking Lot ) creates pollution or any other forms as deemed by the EPA then this Peddlers Ordinance doesn't protect the public as stated. I have expressed my concern to the City Manager and I ask that the Planning and Zoninp- consider revising it if your truly concern about Public Health and Safety. Can we please resolve this ongoing issue before this mobile snack bar becomes permanent. Thank You 1 f pr,w PLANNING & ZONING Permit Number SP- /; - (office use only) APPLICATION FOR SITE PLAN REVIEW ❑ Administrative Vbevelopment Review Board All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1.OWNER(S) OF n=w (Name(s) as shown on l R) K)i q A� ` , S V 2. LOCATION OF LAST RECORDED DEED(S) (Book and page #): 3. 4. CONTACT PERSON phone and fax #): who will receive qll correspondence from Staff. Include name, 4a. CONTACT EMAIL ADDRESS:: \J+ann1J%M(AiI.CQM 5. PROJECT STREET ADDRESS: 6 1 �,� I'�U\u��'� �l� t�' -7 07 6. TAX PARCEL ID # (can be obtained at Assessor's Office): Oy 1 O — Ddo I r L00000610(me 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 7. PROJECT DESCRIPTION a. General project descripti n (explain what` you want approval for): L 1` 1 S !` r-p i . Vl-, C I n A k l N, r 1 c L _ — „ i _ \ _ _ r c-o T. i . ,. b. Existing Uses on Property (including description and size of each separate use): c. Proposed Uses on property (in Jude description and size of each new use and xist. g uses to remain d. Total building square footage on property ropo�ed buildings and existing buildings to remain): 6Y ) �U� +W it t e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): f. Number of residential units (if applicable, new units and existing units to remain): g. Number of employees (existing and proposed, note office versus non -office employees): h. Other (list any other information pertinent to this application not specifically requested above, please note if Overla DistriLsare applicable): c r�yl� re ' 2 Site Plan Application Form. Rev. 12-2011 8. LOT COVERAGE Total Parcel Size: 3 a5 r 9A a. Building: Existing % / Proposed LAn % / Sq. Ft. sq. ft. i �sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing O % / 0 sq. ft. Proposed (Qs�% / 1 10 sq. ft. c. Front yard (along each street) Existing 0 % / 0 sq. ft. Proposed -• r % / sq. ft. d. Total area to be disturbed during construction (sq. ft.) NIn * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES nn t a. Building (including interior renovations): $ b. Landscaping: $ ! `" c. Other site improvements (please list with cost): 10. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): 60 r �V CGv S DQr�i 11. PEAK HOURS OF OPERATION: &00 -yYYI 12. PEAK DAYS OF OPERATION: 13. ESTIMATED PROJECT COMPLETION DATE: 14. SITE PLAN AND FEE A site plan shall be submitted which shows the information required by the City's Land Development Regulations. Five (5)1 regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy of the site plan must be submitted A site plan application fee shall be paid to the City at the time of submitting the site plan application in accordance with the city's fee schedule. Administrative site plan applications require three (3) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy. Site Plan Application Form. Rev. 12-2011 NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. Jb'V1J9A6-& SIGNA , -E OF APPLICANT PRINT NAME Do not write below this line DATE OF SUBMISSION: jYl f /� REVIEW AUTHORITY: LyJ Develo ment Review Bo ard oard ❑ Administrative Officer I have reviewed this site plan application and find it to be: VComplete ❑ o ete Administrative Officer Date 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. Site Plan Application Form. Rev. 12-2011 Page 1 of 1 ray From: Doug Brent Sent: Thursday, May 30, 2013 10:59 AM To: ray Subject: RE: Seasonal Mobile Food Unit DRB Application Ray - Sorry for the delay in responding back on this matter. We have no objections at this time for this application. If you should have any further questions let me know. Douglas Brent Chief of Fire and EMS City of South Burlington From: ray Sent: Friday, May 24, 2013 11:28 AM To: Doug Brent; 'Trevor Whipple' Subject: Seasonal Mobile Food Unit DRB Application Doug & Trevor, The DRB will be reviewing an application for the food trailer at Ethan Allen Dr. & Lime Kiln Road on June 4th. It is the same plan as was last approved with no changes. The regulations require that we contact you for your comments, if you have any. Please let me know by the middle of next week if you have any comments. Thanks. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainabilitV.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. 5/30/2013 Page 1 of 1 ray From: Justin Rabidoux Sent: Wednesday, May 29, 2013 7:51 AM To: ray Subject: RE: Seasonal Mobile Food Unit Comments Good Morning Ray, In general the two gravel drives look to be in good shape. However, in the last 10' or so of each drive the larger gravel has been knocked around enough leaving just the fines (sand). I could see where this area could get dusty under the right circumstances. I recommend having the MFU install new gravel in these areas in addition to sticking with the past practices of watering down the drives during dry periods. Justin From: ray Sent: Tuesday, May 28, 2013 1:03 PM To: Justin Rabidoux Subject: Seasonal Mobile Food Unit Comments Hi Justin, Could you please reply to this email with your comments on the mobile food unit proposed for 6-12 Ethan Allen Road? We need something in writing for the file. Thanks. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburi.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. Ifyou have received this message in error, please notify us immediately by return email. Thank you for your cooperation. 5/29/2013 Page 1 of 1 ray From: Trevor Whipple [twhipple@sbpdvt.org] Sent: Friday, May 24, 2013 3:29 PM To: ray Subject: RE: Seasonal Mobile Food Unit DRB Application There have been no issues or concerns with this in the past. If the proposal is the same as last year it is fine. Thanks, Trevor Trevor S. Whipple Chief of Police City of South Burlington 19 Gregory Drive South Burlington, VT 05403 (802) 846-4155 twhipple(a)sbpdvt.org Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: ray [mailto:ray@sburl.com] Sent: Friday, May 24, 2013 11:29 AM To: Doug Brent; Trevor Whipple Subject: Seasonal Mobile Food Unit DRB Application Doug & Trevor, The DRB will be reviewing an application for the food trailer at Ethan Allen Dr. & Lime Kiln Road on June 4th. It is the same plan as was last approved with no changes. The regulations require that we contact you for your comments, if you have any. Please let me know by the middle of next week if you have any comments. Thanks. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received orpreparedfor use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. 5/24/2013 ac Sm Plan Graving Parking PlIVI 2 HAMIMO 06ikhd 5pu6ifo 16 Stodam Pa[ dho spaces 4 tabids I Tr�ish a�'d " AO& 4 'Yq* Lim fn M*d Nprt6'efn E rltr�Mde &-Exit I raft- will entw and ex� T frdm her- T.I.*I L P-.ylp TO: South Burlington property owners SUBJECT: Application before the Development Review Board for an abutting property The enclosed Development Review Board public notice or agenda is being sent to you because you have been identified as an abutting landowner to a proposed land development listed on the attachment. The distribution of this information to the abutting landowners is required by state law. You are encouraged to attend and participate in the public hearing as participation in the Focal proceeding is a prerequisite to the right to take any subsequent appeal. Should you have any questions about the proposal, or wish to view the submittals, please contact the South Burlington Department of Planning & Zoning. They can oe reached at (802) 846-4106 or at City of South Burlington, Department of Planning & Zoning, 575 Dorset Street, South Burlington, VT 05403. 11 C (o' k �' / Approved for Distribution by South Burlington Department of Planning & Zoning r w sout%burliiigton. PLANNING & ZONING AGENDA South Burlington Development Review Board City Hall Conference Room, 575 Dorset Street, South Burlington, VT Tuesday, June 4, 2013 7:00 p.m. 1. Announcements 2. Final plat application #SD-13-13 of Malone Dorset Street Properties, LLCto amend a previously approved planned unit development consisting of a 33,733 sq. ft. gfa building with 31,351 sq. ft. (including mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use. The amendment consists of: 1) razing three (3)`single family, dwellings, 2) constructing a 12,800 sq. ft. building for retail food use, and constructing a 2,-,story: 14,000 sq. ft. building, consisting of 7,000 sq. ft. of retail and/or short-order restaurant use and 7000 sq. ft. of general office use, 192,196,200, and 222 Dorset Street. 3. Preliminary & final plat; application #SD-13-16 of University Mall, LLC to amend a previously approved planned unit:develo'pment consisting of a 704,983 sq. ft. GFA,shopping center complex with 618,605 sq.,ft. of'GLA including a drive-in bankfacility'. The amendment consists of: 1) razing an existing 4,000 so. ft,, building, 2) relocating an existing 352 sq. ft. ATM building, and 3) constructing a 6,000 sqi ft. building for shopping center use, 205 Dorset Street. 4. Site plain application,#SP-13-15 of Greer Family, LLC''to amend a previously approved plan for a 15,608 sq. ft. multi -use commercial building with;an umbrella approval. The amendment consists of a request for a 25% parking waiver from the minimum parking requirement, 10 Dorset Street. 5. Sketch plan application #SD-13712 of Al Senecal to amend a previously approved plan for a 26,280 sq. ft. mixed use commercial/industrial building with an umbrella approval. The amendment consists of a planned unit development to construct a new 14,000 sq. ft. building with its own umbrella approva'I fora mixture of potential commercial/industrial uses, 27 Commerce Avenue. 6. Site plan application #SP 13=24 of Ann E. M. Robitaille to install a seasonal mobile food unit, 6-12 Ethan Allen Drive. 7. Minutes of February 19, March 5, May 7, and 21, 2013. 8. Other business. Respectfully Submitted, Raymond J. Belair Administrative Officer Copies of the applications are available for public inspection at the South Burlington City Hall. Participation in the local proceeding is a prerequisite to the right to take any subsequent appeal. South Burlington Development Review Board Meeting, Participation Guidelines The Development Review Board (DRB) presents these guidelines for the public attending Development Review Board meetings to insure that everyone has a chance ,to speak and that meetings proceed smoothly. The DRB is a Quasi -Judicial Board that oversees the approval of development projects within the City. It is made up of citizens appointed by the City Council, The role of the-DRB is to hear and review applications for development under the applicable regulations. The DRB can only,approve applications that comply with the applicable bylaw or state law, and the board can only levy conditions that are permitted under the bylaw. By the same token, if a projectmeetsthe applicable bylaw criteria, the DRB is bound by law to grant the approval. 1. The Board asks that all participants at meetings be respectful of Board members, staff, applicants and other members of the public present at the. meeting. 2. Initial discussion on an agenda item will generally be conducted by the Board and the applicant. As this is our opportunity to engage with the''s.ubject"we would like'to hear from all Board members first. After the Board ;members have discussed an item, thee -Chair will open up the floor for public comment. Please raise your hand to be recognized to speak and the Chair will try to call on each participant in sequence. 3. Once recognized by, the Chair, please identify.y6urself to the Board. 4. If the Board suggests time limits, please respect them. Time limits will be used when they can aid in making sure,,everyone is heard and sufficient time is available for Board to hear all items on the agenda, 5. Side conversations between audience members should be kept to an absolute minimum. The hallway outside the Community Room is available, should people wish to chat more fully. 6. Please address the Chair. Pleasedo not address other audience members or staff or presenters and please do not interrupt others when they are speaking. The Chair will direct responses from applicable people as needed. 7. Make every effort not to repeat the points made by others and keep your comments germane to the issue before the board. 8. The Chair will make,:reasonable efforts to allow everyone who is interested in participating to speak once before speakers, address the Board for a second time. 9. Comments may be submitted before or during the course of a single or multi -meeting public hearing to the Planning and Zoning Department. All comments should identify what application the correspondence is in reference to. All written comments will be circulated to the DRB and kept as part of the official records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. 10. Please note that once a public hearing has been closed by the DRB, no further comments can be accepted, in accordance with state law. CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certif th t on this : '� day of \N , 201, a co y of the foregoing public notice for :�i P�c��, [type of application] # _�' -11 [application number], was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of-way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: (full names and addresses) Fl4 ia Chfd Dated at' ) 1 r Aq+V, Mown/city], Vermont, this day of `iY1C�y 20 ( _. Printed Name: Phone number and email: Signature: Date: Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 911 ADDRESS PARCEL ID # OWNER MAILING ADDRESS CITY STATE ZIP CODE j437 LIME KILN RD 1034-00437 ADAMS PAUL G 1215 Airport Parkway South Burlington VT 05403 444 LIME KILN RD 1034-00444 BERNARD AUGUSTIN 10 Valley Ridge South Burlington VT 05403 463 LIME KILN RD 1034-00463 KOENIG PROPERTY MGMNT LLC 463 Lime Kiln Road South Burlington VT 05403 464 LIME KILN RD 1034-00464 BERNARD AUGUSTIN & SUZANNE 10 Valley Ridge South Burlington VT 05403 469 LIME KILN RD 1034-00469 KOENIG PROPERY MGMNT 463 Lime Kiln Road South Burlington VT 05403 478 LIME KILN RD 1034-00478 BERNARD AUGUSTIN 10 Valley Ridge South Burlington VT 05403 498 LIME KILN RD 1034-00498 GRZYWNA RICHARD 498 Lime Kiln Road South Burlington VT 05403 1275 AIRPORT PKWY 0020-01275 AYER PATRICK B & TERESE MASLACK 458 Braeloch Road Colchester VT 05446 1 SHAMROCK RD 1520-00001 CITY OF SOUTH BURLINGTON 575 Dorset Street South Burlington VT 05403 5 ETHAN ALLEN DR 0640-00005 SHAND ROBERT M & LYNDA A 5 Ethan Allen Drive South Burlington VT 05403 60 ETHAN ALLEN DR 0640-00060 BARTLETT REALTY LLC P.O. Box 1600 Williston VT 05495 6 LIME ROCK RD 1035-00006 BARRETT STEPHANIE B 6 Lime Rock Road South Burlington VT 05403 10 LIME ROCK RD 1035-00010 CHASTENAY THOMAS B P.O. Box 2261 South Burlington VT 05407 i 14 LIME ROCK RD 1035-00014 SISTERS & BROTHERS INVESTMENT GROUP LLC 75 South Winooski Ave Burlington VT 05401 18 LIME ROCK RD 1035-00018 SISTERS AND BROTHERS INVEST GROUP LLP 75 South Winooski Ave Burlington VT 05401 No Text Sl E OF VERMONT - AGENCY OF HUMAN Sirs ICES STATE BOARD OF HEALTH . License to Operate Page 1 of 1 ray From: Justin Rabidoux Sent: Tuesday, June 28, 2011 2:32 PM To: ray Cc: proton_tec@hotmail.com Subject: Mobile Food Unit - Bennie's Ray, I inspected the gravel material used and its placement at the referenced location. I find both the materials and installation acceptable and will help in achieve the main goal I was looking for with this specific Condition of Approval. Let me know if you have any questions. JUSTIN RABIDOUX DIRECTOR OF PUBI....IC: WORKS/CITY ENGINEER CI I Y OF Souri-{ BURLING.I ON 575 DOR SET STREET SOU.I.I.I BURLING 1"ON. VT Cir,,.>R' 03 (802) 6 8-7961 JRABIDOUX@SBURL.COM WWW.SBURL.COM 6/28/2011 May 5, 2011 Re: #SP-11-09 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Development Review Board concerning your recent application. Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sincer aynd T Administrative Officer Encl. CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 3170 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com rXh 1b1 t KQr"UL Y100111 According to the United States Department of Agriculture Forest Service and the Vermont Department of Transportation, calcium chloride is a very effective means of reducing dust and fine debris from being distributed by traffic on roads. Because it's a common salt, it is an environmentally friendly solution to dust problems. Though it can cause corrosion on metal, it's not likely to damage automobiles or other forms of transportation. Calcium chloride is the most commonly used dust control agent on dirt roads and parking surfaces in the US. • Calcium Chloride - How It Works (Excerpt from "Erosion Control" — Official Journal of the International Erosion Control Association) Calcium chloride absorbs water vapor from the air and liquid water from the ground. At 77 F and 75% humidity, for example, it absorbs more than twice its weight in water. In addition, calcium chloride solutions attract more moisture to the treated surface than they give up in evaporation. The treated surface remains dense and compact under almost any level of traffic because calcium chloride keeps materials on the surface by keeping moisture in the surface, even under a burning sun on a sweltering day. As soon as calcium chloride enters the ground, it's attracted to negatively charged soil particles, such as clays, which help resist leaching. Calcium chloride may move deeper into the base during wet weather but will rise toward the surface during dry spells. Unpaved surfaces stabilized with calcium chloride retains a smooth dustless surface. The moisture retained keeps the surface plastic enough so fines can migrate into gaps formed between aggregates under the varying pressure of car and truck traffic. In short, calcium chloride does the following: • serves as a viable cost-effective alternative to an asphalt surface treatment • controls dust and reinforces stabilization • helps improve driving surfaces when used over time • provides environmentally friendly solution According to the EPA Airborne Dust is Particulate Matter Pollution. "Particulate Matter (PM) is simply airborne dust, and consists of microscopic solid particles that become airborne from many types of sources. According to recent studies over 70% the particulate matter found in the air and on building surfaces comes from using motor vehicles — exhaust, brake and tire wear and paved road dust. There is a direct correlation to higher particulate matter dust and sediment in commercial areas or high volume roadways" Proposed Action Plan for Dust Remediation — In order to mitigate the effects of dust being raised from my business operation I have spoken with representatives from the VT Department of Transportation and conducted research into recommended dust remediation options. Based upon my conversations and research and in an attempt to provide long term and practical solutions to this problem I propose the following course of action: Prior to opening for the season following either a steady rainfall or through the use of watering systems at the property a 35% calcium chloride solution will be applied to the affected parking/entrance area on the lot. If necessary due to a lack of rainfall, within two days after the application of this solution a heavy ground saturating watering will be conducted. Within one week after this process has been completed the process will be conducted again. Determination of the actual timing of this application will be dependent upon rainfall and weather outlook as the application of Calcium Chloride during heavy periods of rain does not permit the solution to permeate the surface and bond correctly. During the course of the summer during dry spells of more than two days, a heavy ground saturating watering of the area will be conducted each day, until such time as weather conditions no longer necessitate the watering. This will help insure the integrity of surface. Additional applications of Calcium Chloride using the procedures mentioned above will be conducted as warranted. l ) Page 1 of 1 ray From: Justin Rabidoux Sent: Thursday, April 21, 2011 7:39 AM To: ray; Cathyann LaRose Subject: RE: Dust Control Information Ray, What Tim Cutler is describing is the standard application of construction site dust control and I approve of this condition being attached to his permit. From: ray Sent: Wednesday, April 20, 2011 10:21 AM To: Justin Rabidoux; Cathyann LaRose Subject: FW: Dust Control Information Hi Justin, Mr. Cutler's seasonal mobile food unit review was continued to the DRB's May 3rd meeting in order to give him time to prepare a dust remediation plan which is attached. Please review and provide the DRB with your comments by April 25th. Thanks. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: Tim Cutler [mailto:proton_tec@hotmail.com] Sent: Wednesday, April 20, 2011 9:14 AM To: ray Subject: Dust Control Information Ray, Please let me know if you need anything else from me. Otherwise, I will plan to be in attendance on the 3rd. Thanks, Tim 4/21 /2011 t 4" " PLANNING & ZONING MEMORANDUM TO: South Burlington Development Review Board FROM. Cathyann LaRose, AICP, Associate Planner RE. Agenda Item #5, Timothy Cutler & DATE: April 26, 2011 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 5, 2011. The applicant was present; the Board heard testimony from the applicant and an abutting property owner regarding concerns about the use of the property. The Board discussed the following: ■ Dust- an abutting property owner testified that the vehicle use on the property created excessive amounts of dust and air pollution. He submitted a written statement dated April 5, 2011 and video evidence of this. The applicant acknowledged the dirt and dust. The Board asked the applicant to formulate a plan for controlling the dust. The applicant submitted a plan, dated 4/20/11 and marked as Exhibit A in this packet. Public Works Director Justin Rabidoux reviewed the plan and provided comments in an email dated April 21, 2011, also attached. ■ Accessibility to the property- an abutting property owner testified that the property is open and sometimes used throughout the evenings by non -patrons. Staff and several Board members reviewed the tape submitted by the abutting property (noted above) and have concerns about the width of the curb -cuts and the unorganized ingress and egress of vehicles from the property. The entire length of the property is open to Lime Kiln Road and vehicles appear to enter and exit in a wide swath, with several seemingly exiting at the same times. Board members who viewed the video expressed concern. The Board should discuss whether this remains a concern, and whether any delineation of curb -cuts or access to the property would remediate the issues stated above. ■ The Board also discussed the need to delineate parking spaces on site in some manner. The attached draft decision is a draft of what the staff understands as Board concerns and potential remediation measures. The Board should review this carefully and make adjustments as part of the continuing testimony and discussion at the hearing on May 3, 2011. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com April 5t6 2011 Richard Grzywna 498 Lime Kiln Rd So, Burlington, VT To; South Burlington Planning & Zoning 575 Dorest St South Burlington, Vt 05403 Subject; Grievance for Application SP-11-09 Seasonal Snack Bar by Tim Cutler I Richard Grzywna am the home owner of property located at 498 Lime Kiln Rd that is directly across the street from the snack bar and located within 100 feet. The 2 major objections are Dust and Sediment created from vehicles coming and going that's entering my home and leaving toxic dirt and dust within my home. This is also creating health issues with me! Last year I had to keep all windows and doors closed 24 hours a day. But the Dust and Sediment still collected on my house and window area's. I do not feel I should have to keep my windows closed during the summer nor be subjected to Toxic Dust and Sediment. I strongly feel that the dust and sediment is a health risk and a form of Pollutant as the US EPA does. See supporting Dvd evidence from my security cameras dated 8-29-2010 at 9:30am You can clearly see the Dust Created from vehicles coming and going at the Snack Bar. See sample paper towel showing dirt and sediment. Last year Tim Cutler watered the dirt one time only ! ! ! See US Government Environmental Impact from Dirt and Gravel Roads, The snack bar has created a dirt road in and out of the said property along with dirt parking area. The environmental impact is the same, DUST and Sediment which is a Pollutant and Health Concern ! Also major traffic coming and going through the snack bar lot after hours and into late evening hours. This could be resolved with putting up a gate or marked cable at each entrance. Noise can be very excessive at many times, You can clearly hear all conversations most of the time, Dvd will support this also. This could possibly be resolved if the snack bar were located further back behind the 3 tree's. I am sure if the planning and zoning were to investigate the impact of Dirt Roads and Dirt Parking lot dust and sediment and its form of Pollution and Health issues you will conclude it's a serious issue! The snack bar should not be allowed to operate under these conditions. If the snack bar area parking and entrance and exit were paved with asphalt then I have no issues other then the conversations coming into my home. Thank You Richard Grtywna APPENDIX A PERFORMANCE STANDARDS South Burlington Land Development Regulations Effective February 8, 2011 A-1 A PERFORMANCE STANDARDS A.4 Air Pollution (a) Visible emissions. There shall not be discharged into the atmosphere from any source at any time any air pollutant in excess of specified darkness standards (No. i on the Ringlemann Chart, except under specified conditions contained within air pollution standards). This shall include emissions of air pollutants of such capacity as to obscure an observer's view to a degree equal to or greater than the above visible emission standard. Visible emission of any kind at ground level past the lot line of the property on which the source of the emissions is located are prohibited. (b) Pollutants. All discharge or emission of potentially dangerous or offensive elements into the air snail be suUJeci to We regLaiunicaLS of all applicable local, end federal regulations. A.5 Odors Always Odors from the snack bar S A.3 Noise (a) The following acts are declared to be loud, disturbing and unnecessary noises and shall be deemed detrimental to the health and safety of the residents of the City of South Burlington. (vi) Noise in general. Any noise which is deemed objectionable because of volume, frequency or beat and is not muffled or otherwise controlled south.. i PLANNING & ZONING MEMORANDUM TO: South Burlington Development Review Board,_ FROM: Cathyann La Rose, AICP, Associate Planner RE: Agenda Item # ff, Site Plan Application #SP-11-09, Timothy Cutler DATE: March 31, 2011 Site plan application #SP-11-09 of Timothy Cutler seeking approval to install a seasonal mobile food unit, 6-12 Ethan Allen Drive. Attached is a draft decision for the afore -named application. The applicant applied for and was granted approval for the same use of the property last year. The South Burlington Land Development Regulations requires re -application for each calendar year, and a permit is valid for a maximum of two months, with a renewal of the permit for an additional two months within the calendar year on the same property. Staff recommends approval of Site Plan application #SP-11-09 subject to the conditions included in the draft decision. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com #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 a public hearing on April 5, 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 1. The applicant is seeking site plan approve Ethan Allen Drive. 2. The application was received on February 4. The owner of record of the subject propert` 5. The subject property is, located `in the Mixe 6. The plans submitted consist of untitle Zoning'' District & Dimensional Require to install a seasonal mobile food unit, 6-12 23, 2011. its Robert Shand. J Industrial and Commercial Zoning District. id -drawn plans. nts: Industrial -Commercial Zoning District Min. Lot Size � Max. BuildingCoverage Required Proposed 40,000 S.F. 40% 325,828 S.F Max. Overall Coverage 70% < 1 % < 1% �1 Max. Front Yard Covera e 30% 6.5 Min. Front Setback 30 ft 40 ft. + Min. Side Setback 10 ft. 20 ft + Min. Rear Setback 30 ft. 100 ft. + �l Max. Building Height 40 ft. N/A Zoning Compliance 1 PADevelopment Review Board\Findings_Decisions\2011\SP_11_09_Cutler ffd.doc ] #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 A total of 20 parking spaces are proposed. This is minimum number of spaces required. The Board does the practicality of their use. Upon many observation appear to utilize the proposed layout of parking. 'Tl- delineation of the parking area. This should include pal physical delineation of actual spaces through ground sti (b) Parking shall be located to the rear or sip practicable. Parking will be located to the side of the le re than adequate to meet the a some concern, however, about iatrons to the business do not pplicant should provide on -site l signs, parking stops, or even a 9• uildings to the greatest extent (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 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. (� 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. 2 PADevelopment Review Board\Findings_Decisions\2011\SP_11_09_Cutler_ffd.doc 2 #SP-11-09 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 shall be underground. Any utility installations re be located so as to have a harmonious relation 1 to the site. There are no wire serviced utility lines to the mobile food un (c) All dumpsters and other facilities to handle colic with any recycling or other requirements, shall I properly screened with opaque fencing to ensue escape the enclosure(s). The solid waste storage area will be (d) Landscaping A seasonal mobile food.unit is exempt from Lighting No exterior lightin I service connections above ground shall oring properties and vaste, including compliance accessible, secure and that trash and debris do not ing requirements. A seasonal mobile food unit is exempt from the Traffic Overlay District. ADDITIONAL 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, 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. PADevelopment Review Board\Findings_Decisions\2011\SP_11_09_Cutler_ffd.doc #S P-11-09 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 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 aermit and these reauirements have been met to date. I. A seasonal m DECISION 10.02. Tra Motion by , seconded by , 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. 4 PADevelopment Review Board\Findings_Decisions\2011\SP_11_09_Cutler_ffd.doc n #SP-11-09 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. 4. The applicant shall take all necessary measures to control dust from the dirt parking area. 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 Burli Development Review Board or the Administrative Officer. Mark Behr — yea/nay/abstain/not present Matthew Birmingham — yea/nay/abstain/not I John Dinklage — yea/nay/abstain/not present Roger Farley — yea/nay/abstain/not present . Michael Sirotkin — yea/nay/abstain/not prese Gayle Quimby — yea/nay/abstain/not present Bill Stuono — yea/nay/abstain/not present Motion carried by Signed this day of 2011, by 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 http://vermontiudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. PADevelopment Review Board\Findings_Decisions\2011\SP_11_09_Cutler_ffd.doc 5 #SP-11-09 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 PADevelopment Review Board\Findings_Decisions\2011\SP_11_09_Cutler_ffd.doc 6 � ° � » \ \ 2y � \ /� � AINLEL - C'J nj.M.cV Site Plan OrgWing Parking Plan 531, * Not to scale rn 2 Eigoyee Panting spboaa 2 Handicap Parking Spares f I IS Standard Parking Spaces 4 tables jl f I Trash and ', Racyclo! Unit (fenced In behind lattice) Northern Enteance & Exit Parking Trafflo will enter and exit from here TrAls, Tbi ......... . No Text � Soiath ,. PLANNING & ZONING Permit Number SP-- V (office use only) APPLICATION FOR SITE PLAN REVIEW ❑ Administrative X Development Review Board All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax ft Robert Shand 92 Raceway Road Jericho, VT 05465 2. LOCATION OF LAST RECORDED DEED(S) (Book and page #): Book 374/Pg 707 3. APPLICANT (Name, mailing address, phone and fax #): Timothy E Cutler 67 Dairy Lane South Burlington, VT 05403 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #): Timothy E Cutler 67 Dairy Lane South Burlington, VT 05403 802-864-1522 Home 802-735-5808 Cell 4a. CONTACT EMAIL ADDRESS:: proton_tec@hotmail.com 5. PROJECT STREET ADDRESS: 6-12 Ethan Allen Drive South Burlington, VT 05403 6. TAX PARCEL ID # (can be obtained at Assessor's Office): 0640 - 00012/000006/00018 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 7. PROJECT DESCRIPTION a. General project description (explain what you want approval for): Seek to place a seasonal mobile food unit on the property no earlier than April 15th and remove it no later than October 31, 2011. b. Existing Uses on Property (including description and size of each separate use): Property is currently vacant land and has only been used by our seasonal food unit for the past three summers. c. Proposed Uses on property (include description and size of each new use and existing uses to remain): Propose to use the property to locate a seasonal mobile food unit. This will consist of one concession trailer and other items noted on the site plan All items will be removed no later than 10/31/2011. d. Total building square footage on property (proposed buildings and existing buildings to remain): Concession unit has an approximate square footage of 120 sq ft. e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): Trailer has a maximum height of 14 feet at the point where ventilation fan sits. There are no additional floors or basement. f. Number of residential units (if applicable, new units and existing units to remain): N/A g. Number of employees (existing and proposed, note office versus non -office employees): 2 employees at any given time are planned with employee parking provided h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): Last year an adjacent land owner raised an issue with dust from the property. After speaking with members of the street department Calcium Chrloride was applied and regular use of sprinklers to reduce the dust was practiced In addition to these steps being applied again, I propose that the south entrance be permitted to be used this year as an entrance to reduce traffic flow directly across from the property owner. This entrance would be clearly marked as an entrance only and monitored regularly. The submitted site plan image contains this entrance. Should the DRB not wish to permit this entrance or should the entrance prove problematic with traffic exiting where they are not supposed to this entrance will) be removed from the site plan applicgggGpXft@t, 4-W.02-2010 immediately. 8. LOT COVERAGE a. Building: Total Parcel Size: 325,828 Sq. Ft. Existing 0 % / Proposed Less than 1% / 0 120 sq. ft. sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing 0 % / 0 sq. ft. Proposed Less than 1% / 3,210 sq. ft. Entrances will not be paved but will cover 3,560 'of impervious space. c. Front yard (along each street) Existing 0 % / 0 sq. ft. Proposed 6.5 % / 21,498 sq. ft. d. Total area to be disturbed during construction (sq. ft.) 0 * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations) b. Landscaping: $ 0 - Temporary structure placement 0 - Temporary location only c. Other site improvements (please list with cost): No permanent site improvements are planned. This is a seasonal operation and per zoning requirements everything will be removed at the end of the season with not permanent trace of operation remainina. 10. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): 60 - 80 cars per day 11. PEAK HOURS OF OPERATION: 11:30 to 1:30 Monday thru Frid 12. PEAK DAYS OF OPERATION: Monday thru Frid; 13. ESTIMATED PROJECT COMPLETION DATE: 5/01 /11 14. OWNERS OF RECORD OF ALL CONTIGUOUS PROPERTIES & MAILING ADDRESSES' (this shall be provided on a separate attached sheet and on pre -stamped and pre - addressed envelopes. The city will add the return address). List attached. Not required for Administrative Site Plan Applications 3 Site Plan Application Form. Rev. 12-2010 15. SITE PLAN AND FEE A site plan shall be submitted which shows the information required by the City's Land Development Regulations. Five (5)2 regular size copies and one reduced copy (11" x 17") of the site plan must be submitted A site plan application fee shall be paid to the City at the time of submitting the site plan application in accordance with the city's fee schedule. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. ATURE OF —�- SIG F APPLICANT bbert Shand PROPERTY OWNER Do not write below this line PRINT NAME DATE OF SUBMISSION: REVIEW AUTHORITY: ,Development Review Board ❑ Administrative Officer I have reviewe this site plan application and find it to be: Comp: 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. 2 Administrative site plan applications require three (3) regular size copies and one reduced copy (11" x 17") Site Plan Application Form. Rev. 12-2010 911 ADDRESS PARCEL ID # OWNER MAILING ADDRESS CITY STATE IZIP CODE 437 LIME KILN RD 1034-00437 ADAMS PAUL G 1215 Airport Parkway South Burlington VT 05403 444 LIME KILN RD 1034-00444 BERNARD AUGUSTIN 10 Valley Ridge South Burlington VT 05403 463 LIME KILN RD 1034-00463 KOENIG PROPERTY MGMNT LLC 463 Lime Kiln Road South Burlington VT 05403 464 LIME KILN RD 1034-00464 BERNARD AUGUSTIN & SUZANNE 10 Valley Ridge South Burlington VT 05403 469 LIME KILN RD 1034-00469 KOENIG PROPERY MGMNT 463 Lirne Kiln Road South Burlington VT 05403 478 LIME KILN RD 1034-00478 BERNARD AUGUSTIN 10 Valley Ridge South Burlington VT 05403 498 LIME KILN RD 1034-00498 GRZYWNA RICHARD 498 Lime Kiln Road South Burlington VT 05403 1275 AIRPORT PKWY 0020-01275 AYER PATRICK B & TERESE MASLACK 458 Braeloch Road Colchester VT 05446 1 SHAMROCK RD 1520-00001 CITY OF SOUTH BURLINGTON 575 Dorset Street South Burlington VT 05403 5 ETHAN ALLEN DR 0640-00005 SHAND ROBERT M & LYNDA A 5 Ethan Allen Drive South Burlington VT 05403 60 ETHAN ALLEN DR 0640-00060 BARTLETT REALTY LLC P.O. Box 1600 Williston VT 05495 6 LIME ROCK RD 1035-00006 BARRETT STEPHANIE B 6 Lime Rock Road South Burlington VT 05403 10 LIME ROCK RD 1035-00010 CHASTENAY THOMAS B P.O. Box 2261 South Burlington VT 05407 14 LIME ROCK RD 1035-00014 SISTERS & BROTHERS INVESTMENT GROUP LLC 75 South Winooski Ave Burlington VT 05401 18 LIME ROCK RD 1035-00018 SISTERS AND BROTHERS INVEST GROUP LLP 75 South Winooski Ave Burlington VT 05401 Page 1 of 1 ray From: Justin Rabidoux Sent: Monday, March 28, 2011 11:47 AM To: ray Subject: RE: Seasonal Mobile Food Unit Ray, I have no objection to the reissuance of this permit. From our end all went well last year with the approved set up. Justin From: ray Sent: Monday, March 28, 2011 8:18 AM To: 'Trevor Whipple'; Justin Rabidoux; Doug Brent Subject: Seasonal Mobile Food Unit Mr. Tim Cutler is again proposing to operate his seasonal mobile food unit at 6-12 Ethan Allen Drive. Please see the attached memo. Thanks. 3/28/2011 Page 1 of 1 ray From: Doug Brent Sent: Monday, March 28, 2011 10:14 AM To: ray Subject: RE: Seasonal Mobile Food Unit Ray - No Problem from FD Doug From: ray Sent: Mon 3/28/2011 8:17 AM To: Trevor Whipple'; Justin Rabidoux; Doug Brent Subject: Seasonal Mobile Food Unit Mr. Tim Cutler is again proposing to operate his seasonal mobile food unit at 6-12 Ethan Allen Drive. Please see the attached memo. Thanks. Ray Belair Administrative Officer oz 'e City of South Burlington 575 Dorset Street South Burlington, VT 05403 Ph: 802.846.4106 Fax: 802.846.4101 rbelair@sburl.com www.sburl.com 3/28/2011 Page 1 of 1 ray From: Trevor Whipple [twhipple@sbpdvt.org] Sent: Monday, March 28, 2011 8:54 AM To: ray Subject: RE: Seasonal Mobile Food Unit Ray, The police have had no issues that necessitate discussion with this business Thanks, Trevor Trevor S. Whipple Chief of Police City of South Burlington 19 Gregory Drive South Burlington, VT 05403 (802)846-4155 twh_ ipple@sbpdvt org From: ray [mailto:rbelair@sburl.com] Sent: Monday, March 28, 2011 8:18 AM To: Trevor Whipple; Justin Rabidoux; Doug Brent Subject: Seasonal Mobile Food Unit Mr. Tim Cutler is again proposing to operate his seasonal mobile food unit at 6-12 Ethan Allen Drive. Please see the attached memo. Thanks. Ray Belair Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Ph: 802.846.4106 Fax: 802.846.4101 rbelair@sburl.com www. sburl. com 3/28/2011 March 25, 2011 Dear Property Owner: Attached to this letter is a copy of the draft agenda for the April 5, 2011 South Burlington Development Review Board meeting. The agenda includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846- 4106, stop by during regular office hours, or attend the scheduled public meeting. Since , r ymond J. Belair Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com e4h, r, ►42, PAIN% ltf�il southburlington PLANNING & ZONING AGENDA South Burlington Development Review Board City Hall Conference Room, 575 Dorset Street, South Burlington, VT. Tuesday, April 5, 2011' 7:30 p.m. 1. Other business/announcements 2. Minutes of January 18, February 1, March 1 & 15, 2011. 3. Continued preliminary plat application #SD-11-09 and final plait application #SD-11-10 of Sphinx Development, LLC for a planned unit development consisting of: 1) razing an existing single family dwelling and an existing two (2) family dwelling, 2) merging a 1.31 acre parcel and a 2.33 acre parcel into a 3.64 acre parcel, and 4) constructing a 40,261 sq. ft. building to contain equal parts general office use and medical office use, 1060 & 1070-1080 Hinesburg Road. 4. Design review application #DR-11-01 5. Site plan application #SP-11'-09 of Timothy Cutler seeking approval to install a seasonal mobile food unit, 6-12 Ethan Allen Drive. 6. Final plat application #SD-11-11 of Champlain Housing Trust to amend a previously approved planned unit development consisting of two (2) 24 unit multi -family dwellings. The amendment consists of the installation of solar panels on the roof of each building requiring the need of height waivers, 378-380 Lime Kiln Road. Respectfully Submitted, Raymond J. Belair Administrative Officer MEMORANDUM TO: Trevor Whipple, Police Chief Douglas Brent, Fire Chief Justin Rabidoux, Director of Public Works/ City Engineer FROM: Raymond J. Belair, Administrative Officer RE: Seasonal Mobile Food Unit DATE: March 28, 2011 The Development Review Board has received an application for Site Plan Approval for a seasonal mobile food unit at 6-12 Ethan Allen Drive. Section 13.22(G) of the Land Development Regulations requires that prior to the approval of this use; a written recommendation shall be sought from the Police Department, Fire Department, and Department of Public Works. This facility was in operation last summer and staff did not observe any problems. This operation will resume essentially unchanged from last summer. This application is scheduled for review by the Development Review Board on April 5, 2011. If you wish to comment on this proposal, please provide me with your written comments no later than Friday noon, April 1st If you have any questions, please let me know. STATE OFVER16IONT-.A.GaENCY0F'HUNIAN SERVICE_ STATE FIDARD C)F HEALTH Liea.iaa to Cpprat� In. v fi A LINK I. G. L EAPI1CITY: - -- -- �F =: �, i U-P-HN;3ETN-E: C�]MP?LP t-FErs'11c1.7i+.-iF: �1f�DJ2G'�a Gfflr1.4T4NGKf=:�! :fall' F: � Fj q s LC • . -I IIS i{: Tll �-.F MFY TT -Al ,gjLy C E*T.4191 IRH61FV :s UUL:N?F] n Q=IEP TC ET F- � N iv E L. I'1- R _ L ri P.1 1:1,4rjpr.. - is rFlE�YI^.I✓.#J �Sr I I I U'. 1 •l, ?r=r'nOH= 4a51 4&1 %.rnEim- '`kf4l E? YjJrJtilT�TFC�. TF:4 LI :ENkL ti' al In PF4'I]IN� R'.- "I�M1 I I`0 RV HE ': E7'iC7W 1' • L i U 1 �' t. rti T �i = kri i OF THIR' r,=HRE 13 H•]T TRr.kl r rcF ti�Jl. _ k}Jfl .}'1A.ILti L''JLY F7JR TI1E , r r13E_ IL--r r.RRcf . CITAL G c,Jijk I el.7 HA 1 L R t.'F THIS LIC:F.NyE IALL OG CONS LK:-USLY POSI-ED. -_ DEVELOMENT REVIEW BOARD 16 MARCH 2O10 PAGE 4 7. Site Plan Application #SP-10-16 of Timothy Cutler to operate a seasonal mobile food unit, 6-12 Ethan Allen Drive: Mr. Dinklage noted receipt of a letter from Richard Grzyuna opposing this application for reasons of dust, noise, food odors and other issues. Mr. Cutler said cars drive on an unpaved area, but he was not aware there was a problem. He felt that Mr. Grzyuna's problem is more from the road that washes onto his property after a storm. He added that the site in question is 125 feet from Mr. Grzyuna's house. Regarding noise, Mr. Cutler said he also hadn't heard of this before. He said they are out of the site by 9 p.m., and the seating is 150 feet from Mr. Grzyuna's house. Mr. Cutler also noted they empty trash every other day. He had not noticed any upturned trash. They have tight -fitting lids on trash cans. He stressed that they meet all Health Department requirements. Mr. Dinklage said the real issue for him is the southerly entrance and he recommended closing it. Mr. Cutler had no issue with that. Mr. Belair said staff no longer recommends the Ethan Allen Dr. access as it is only one lane wide. He recommends access only from the northerly access off Lime Kiln Rd. Mr. Cutler was OK with that. Mr. Behr moved to approve Site Plan Application #SP-10-16 of Timothy Cutler subject to the stipulations in the draft motion as amended. Mr. Farley seconded. Motion passed unanimously. 8. Continued Sketch Plan Application #SD-09-42 of Gary Farrell et al for a planned unit development on a 26.1 acre parcel developed with two single family dwellings. The proposal consists of: 1) razing one single family dwelling, 2) constructing 21 single family dwellings, 3) constructing 17 two-family dwellings and 4) constructing 8 three -unit multi- family dwellings, 1302, 1340, and 1350 Spear Street: Mr. Belair noted the applicant has asked to continue the application until 6 April. He also noted that staff has not yet seen the revised plans. Mr. Behr moved to continue Sketch Plan Application #SD-09-42 of Gary Farrell et al until 6 April 2010. Mr. Farley seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting was adjourned at 9:35 p.m. 12 a, Clerk Date March 19, 2010 Timothy Cutler 67 Dairy Lane South Burlington, VT 05403 Re: 6-12 Ethan Allen Drive Dear Mr. Cutler: Enclosed, please find copies of the Findings of Fact and Decisions rendered by the Administrative Officer on March 16, 2010 (effective 3/16/10). Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sincerely, Jana Beagley Planning and Zoning Assistant Encl. I CERTIFIED MAIL RECEIPT: 7009 0820 0002 2430 2 575 Dorset Street South Burlington, VT 05403 to[ 802.846.4106 fax 802.846.4101 www.sburl.com a � all F Interested Persons Record and Service List south"�#���;.,�� ti h:E Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At. any hearing, there must be an opportunity for each person..wishing to ac-hieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 446.1(b). The_.DRB must keep a written record of the name, address and participation of -each person who -has sought interested person status. - 24 V.S.A. § 4461(b). A copy of -any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the- DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice.of an appeal to the environmental court,- the DRB must supply a list of interested persons to the appellant inefive �working /days. 24 V.S.A. § 4471(c). HEARING DATE: MAX(0/ Ito �n l e) PLEASE PRINT CLEARLY! NAME MAn IKIr Annor7oc, RA --[--t-�-- •—^'•-�-��+ � �(/1w,a�Lv � yr II�V 11AVCI11�'CCJ 1 ]ken ., OW I f LA.�sz�r� Aal Ael— J\n Vr^1�-ll YL ^ � l_ C" V cl 0 � Phi Interested Persons Record and Service List VE7 0N'! Under the 2004 revisions td Chapter 117, the Development Review Board (DRB) has certain- administrative obligations with respect to interested persons. At any hearing, there must be an -opportunity for each person wishing toachieve: interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and -participation of each person who has sought interested -person status 24 V.S.A. §-4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and -having been heard -by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice.of an appeal_to_the environmental_court, the DRB must supply a list -of interested persons to the appellant in five -working days. 24 V:S.A: § 447.1(c). HEARING DATE: PLEASE PRINT CL-EARL-Y-!- NAME MAII IPIr AnnRG'cc nor, IC/lT IkITrr�r_R.T _ v. V■ ..\."1\LV 1 Ro 4 South Burlington Panning and Zoning 2-26-10 Hearing for Permit, Snack Bar on Lime Kiln Rd I Richard Grzywna owner of the property directly across the street have a great concern about the city of South Burlington allowing the snack bar to operate for the following reasons. 1st Main Issue, Last year after the snack bar across the street opened I had breathing and serious nasal issues ( sores in my nose ). At 1st I thought maybe it was something to do with my house so I hire a few people and we cleaned the entire house and painted it. I still had the problem all summer until late fall or shortly after the snack bar closed. I noticed dust on my recently painted house later, Not realizing how this occurred I finally realized that It was the dust created from the traffic across the street as I have allergies to dust and possibly toxic dust?. Dust issue were more severe when I was younger. But the constant traffic across the street does create a dust storm or cloud of dust as one drives thru and if any wind is present it sends the dust over to my property and into my house as I like to have my windows open. After the snack bar closed my breathing and nasal problems went away! This year it must be resolved or I must hold someone responsible, Dust on and within my home and medical issues. This must be taken Serious! 2nd There is always noise from the snack bar customers and its annoying to say the least at times. You can hear the conversations at times from within my home. 3rd Last year there was at least 3 accidents that almost occurred from the traffic coming and going that I witnessed. The traffic problem is fairly well known. Stn Last year there was a dog fight going on over there and no one at the snack bar did anything as it went on. The police did come about 20 minutes later when all were fleeing away. Again you have children over there at times and not sure if this is good for the community. 61h There is food odors and a form of pollution or over advertising. It makes me hungry and creates issues if one is on a diet from fast food. I am Serious, Think about it. 7th Last year I advised him of the Skunk issue but this was blown off as a no big deal, But it's a serious ordeal when one lives next door and the skunk travels onto my property as a result of all the trash that's left outside, But nothing was ever done nor was it taken seriously. There is junk piled up over there and why ? There is no snack bar there, So why is it there? Now don't get me wrong I am a big believer in one should be able to have a business, But it should be on their property or a real permanent business, Not some part time business just thrown into a vacant field somewhere. The snack bar is only open when convenient or at high traffic times. Last year people come and go when the place is closed and creates more dust from the excessive traffic. There are always people pulling in there during the late after hours and sometimes wakes me up late at night. So if you can figure away to keep the dust over on his side and keep noise down and more so the dust that comes across the road and into my home from happening I would not be opposed, But if not I feel the snack bar should move up the hill or in a more professional environment as I really don't want to be put in a position of being a complainer or having Tim thinking I am anti business when I am not, I just feel the Dust and Noise issue needs to be addressed. Not sure what anyone can do about the traffic issue. Now I have a very good security system with good cameras and if need be I will start saving the recorded events to show 1 am stating facts, My cameras were put in after seeing strange things going on over there late at night or after hours. But more for my own security and welfare of my property. The cameras pick up all that goes on across the street also. My suggestions find a more professional environment or pave the driveway and parking area to keep the dust down. Skunks issue can be resolved by removing all trash in cans daily. Secure the property with barriers so traffic stays out after hours as there is too much strange activity there late at night. This would be easy, But then again possibly an eye sore? Depending on how its done. Again I am just asking nicely to please have Tim resolve the issues and all will be fine. But Tim or whoever owns the portable snack bar knows this corner is not an easy place to get in and out of and I know as I live here. If you ask me my advice, Why not put him up in the corner of the paved parking area across the condo's ? It would allow parking, Power supply in a professional way, This would resolve the traffic coming and going. City could get a small rental season rental fee also. Many towns do this. It would resolve all issues and Tim would have more business. I previously having a 40' Bus as a Mobile Snack Bar myself for a few years I never had these issues. Seems to me if more thought were put into this everyone one would be happy. Again I am not anti business, Tim needs to see both sides of these issues and resolve them in a more professional way. Thank You Richard Grzywna 498 Lime Kiln Rd So, Burlington, Vt 05403 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: March 8, 2010 \drb\sit\cut1er\cut1er_SP1016_memadoc Plans received: February 16, 2010 6-12 Ethan Allen Drive SITE PLAN APPLICATION #SP-10-16 enda #7 Meeting date: March 16, 2010 Owner/Applicant Robert Shand 92 Raceway Road Jericho, VT 05465 Contact Property Information Timothy Cutler Tax Parcel ID 0640-00012 67 Dairy Lane Tax Parcel ID 0640-00018 South Burlinqton, VT 05403 Industrial -Commercial Zoninq District Location Map CITY OF SOUTH BURLINGI ON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING Timothy Cutler, hereinafter referred to as the applicant, is seeking site plan approval to operate a seasonal mobile food unit, 6-12 Ethan Allen Drive. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as Staff, has reviewed the plans submitted on February 16, 2010 and have the following comments. Zoning District & Dimensional Requirements: Industrial -Commercial Zoning District Required IF— Proposed I Min. Lot Size 40,000 S.F. 325,828 S.F �l 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. + �l Min. Side Setback 10 ft. 20 ft. + Min. Rear Setback 30 ft. 100 ft. + Max. Building Height 40 ft. N/A �1 Zoning Compliance 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. Staff 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. 1. The parking shall be delineated on site. (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. CITY OF SOUTH BURLING / ON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING (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. (fl 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 CITY OF SOUTH BURLINGTON 4 DEVELOPMENT REVIEW BOARD No exterior lighting is proposed. Traffic A seasonal mobile food unit is exempt from the Traffic Overlay District. ADDITIONAL REQUIREMENTS DEPARTMENT OF PLANNING & ZONING 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 (see attached). The applicant should be required to provide staff a copy of the renewal license when issued. 2. The applicant shall provide a copy of the Department of Health License prior to renewal of the approval. 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 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. Staff remains concerned about the northerly curbcut and sight distances for turning in and out However the Board was in favor of this location at a similar hearing on the use last year. I CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING Written recommendations were sought as required. The recommendation from the Director of Public Works is attached (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. Staff concurs. The Board should discuss this matter. Staff 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. Staff does not see any need for more than one ingress and one egress. 3. The southernmost curbcut on Lime Kiln Road shall be closed for ingress and 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. Staff recommends that the South Burlington Development Review Board approve Site Plan Application #SP-10-16 with the conditions included in the staff section of this report. Respectfully submitted, Cathyann LaRose, AICP, Associate Planner Copy to: Timothy Cutler, Contact MEMO To: Ray Belair, Administrative Officer Planning & Zoning From: Justin Rabidoux, Public Works Director/City Engineer Date: February 19, 2010 Re: Application # SP-10-16, Tim Cutler, Seasonal Mobile Food Unit, 6-12 Ethan Allen Drive I have reviewed the aerial photos and sketches provided for the referenced application and have the following comments to offer. 1. The inbound movement to the property on its southern end labeled "Enter Only" (as shown on sketch photo marked "RECEIVED FEB 16 2010 City of So. Burlington") has the potential to be used for exiting movements by southbound customers. This leg of the Ethan Allen Drive, Shamrock Road and Lime Kiln Road triangle is one-way northbound only. 2. Unless a more detailed plan is developed, I oppose this southern curb cut onto the property. There is no way to prevent southbound cars from making the illegal movement outlined above, resulting in an unsafe situation. Absent further design and details, I recommend closing this curb cut entirely and relying on the site's other two access points — to the north on Lime Kiln Road and to the southeast on Ethan Allen Drive. Thank you for the opportunity to comment and please let me know i f you have questions. 575 Corset Street South Burlington, VT 0540.3 tel 802.658.7961 fax 802.658.7976 www.sburl.com Physical Address: 104 Landfill Road South Burlington STA-I E OF VERMONT - AGENCY OF HUMAN SEHc ICES STATE BOARD OF HEALTH License to Operate I.D. # 911 LINK I.D. # CAPACITY: - - "" FEE; $17 5 � fl fl LICENSETYPE: COMMERCIAL CATERER EFFECTIVE DATE': Q 6/ 2 b/ 2 Q D B EXPIRATION DATE: fl 51 3 112 Q 1 fl ESTABLISHMENT NAME & LOCATION: C E N N I S THIS IS TO CERTIFY THAT ABOVE ESTABLISHMENT IS LICENSED TO OPERATE CORNER . ETHAN A L N �. LIME KILN R D UNDER THE PROVISIONS OF TITLE 18, SECTIONS 4351-4451 VERMONT STATUTES .SOUTH: B U R L I NG T O N ANNOTATED. THIS LICENSE IS VALID PENDING RATIFICATION BY THE VERMONT BOARD OF HEALTH., THIS LICENSE IS NOT TRANSFERABLE AND IS VALID ONLY FOR THE LICENSEE LISTED BELOW. LICENSEE NAME & ADDRESS: C'BT 'CAPITAL CROUP LLC 61 DAIRY LANE SOUTH';:BURLING'TON, VT 05403 THIS LICENSE SHALL BE CONSPICUOUSLY POSTED. 0 RECE I V E FEB 16 AM MY of So. C;4 Fe, R . O. L3 . I 444 Lime Kiln Road South Burlington Vermont - Google Maps Page 1 of 1 '� maps Address To see all the details that are visible on the screen,use the "Print" link next to the map. RECEIVED FEB 16 2010 City of So. Burlington ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-33 (5) There shall be adequate off-street parking for maintenance, service, or other vehicles. (6) The location of the facility shall be shown on all relevant site plans. (7) The Development Review Board may require setbacks or attach other conditions in order to prevent any hazard to the public or noise nuisance to surrounding property. Utility cabinets shall respect the front yard setback requirements for the zone in which they are located. However, the Development Review Board may reduce the required setback upon determination that such a reduction would not materially affect the maintenance of public rights -of -way. (8) A facility that would be a nuisance to surrounding properties due to smoke, gas, heat, odor, noise, or vibration shall not be permitted in any district. 13.19 Signs A. General Requirements. No signs shall be erected or maintained except in conformance with the Sign Ordinance of the City of South Burlington. 13.20 Subsurface Sewage Disposal Systems. A. General Requirements. No building or structure shall be erected or altered unless an adequate sewage disposal system is provided in compliance with all applicable regulations of the City of South Burlington Sewer Ordinance and the Vermont Agency of Natural Resources. 13.21 Satellite Dishes A. General Requirements. Satellite dishes over three (3) feet in diameter shall not be located within the area between the street line and the building (the actual front yard). Satellite dishes shall be suitably screened or landscaped. Satellite dishes shall not be placed in the side or rear yard setbacks. 13.22 Seasonal Mobile Food Units Seasonal mobile food units shall be subject to site plan review and the following requirements: A. A proposed seasonal mobile food unit shall provide evidence of a valid Commercial Caterer License from the Vermont Department of Health. 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. C. A seasonal mobile food unit shall not be permitted to operate between the hours of 9:0o pm and 7:oo am. D. A seasonal mobile food unit shall not be permitted to operate between November 1 and March 30. South Burlington Land Development Regulations Effective January 11, 2010 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-34 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. 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. 13.23 Outdoor exercise facilities for animal shelters, commercial kennels, pet day cares, and veterinary hospitals A. Specific Standards: (1) All outdoor exercise areas shall be fully enclosed and screened on all sides. (2) Animals shall not be permitted in outdoor exercise areas between 9:oo pm and 7:oo am. (3) Where a planned outdoor exercise facility is adjacent to or within fifty (50) feet of the boundary of a residential district or existing residential use, the required side or rear setback for the outdoor exercise facilities shall be sixty-five (65) feet from the residential or residentially -zoned property. A strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback shall be landscaped with dense evergreens, fencing, and/or other plantings.as a screen. New external light fixtures shall not be permitted within the fifteen (15) foot wide buffer area. 13.24 Self Storage in the Mixed Commercial -Industrial (CI) District A. General Requirements. In the Commercial -Industrial District, the Development Review Board may grant site plan approval for a self -storage facility, according to the following regulations. B. Specific Standards: (i) The facility shall be clearly secondary to a permitted principal use in this district South Burlington Land Development Regulations Effective January 11, 2010 I 3 4 (D 5 RECEIVED FEB 16 2010 A City of So. Burlington 10 3 55 00006 c 1035 00010 c 1035 00W4 L 10", 000 c Site Plan Application Permit Number SP-l(� APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #): R VT C5Vcs -s-"r-C- ALt8(u 2. LOCATION OF LAST RECORDED DEED (Book and page #): BL-xk 374&W, 7C7 3. APPLICANT (Name, mailing address, phone and fax #): ",:shy b'-7 (­?<"-9L) sG . ^^� -k,y cs,to'3 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #): r C�-k� s a. Contact e-mail address: o. GtG.. _,tec- 6 "A� v. ��•� 5. PROJECT STREET ADDRESS: C-117- F-AI:..,, e411,e, 6. TAX PARCEL ID # (can be obtained at Assessor's Office): - o ci,, I /cs�� c (n /ooc I FE 7. PROJECT DESCRIPTION a. General project description (explain what you want appr val for): \\ Site Plan Application b. Existing Uses on Property (including description` and size of each separate use): tl "a7e� -tV i s C- c. Proposed Uses on property (include description and size of each new use anki existin uses to remain : P �,; .; I. S c; d. Total building square footage on property (proposed buildings and existing buildings to remain): AA22 ,x .y?c -A cmii7 Aso— e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine):, f. Number of residential units (if applicable, new units and existing units to remain): g. Number of employees & company vehicles (existing and propose, note office versus non - office employees): a h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): tJ/A 8. LOT COVERAGE Total Parcel Size: 3 XS 27-2 Sq. Ft. a. Building: Existing � % / b sq. ft. Proposed LP-,,jk-v, % / �9 Z:, sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing z % / <�-, sq. ft. Proposed►..:.,, % / 3,7cC sq. ft. c. Front yard (along each street) Existing C.,� % / C sq. ft. Proposed (c . 5 % a G sq. ft. Site Plan Application d. Total area to be disturbed during construction (sq. ft.) * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations): $ 044 i ��a � = +C,-, L--, b. Landscaping: $ = 7- li) c. Other site im 10. ESTIMATED TRAFFIC a. Average daily traffic for entire property (in and out) b. A.M. Peak hour for entire property (in and out) c. P.M. Peak hour for entire property (In and out) 6b — IFC aS � g, 5- 11. PEAK HOURS OF OPERATION: i t 11 3C___� .....,,. � I,, 3C, y ,` 12. PEAK DAYS OF OPERATION: I — F,-: 13. ESTIMATED PROJECT COMPLETION DATE: l5- k 0 14. ABUTTERS (please list all abutting landowner. Include mailing address. Also include those across a street or right-of-way. You may use a separate sheet if necessary) 3 Site Plan Application 15. SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). 4 Site Plan Application hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. C� SIG TU L SI NATURE OF PROPERTY OWNER OF APPLICANT Do not write below this line PRINT NAME DATE OF SUBMISSION: //� ! 6 REVIEW AUTHORITY: Development Review Board ❑ Administrative Officer I have reviewed this site plan application and find it to be: 2/complete Incomplete �G r of PlabKiKg & Zoning or Designee Date 5 A/V-) Page 1 of 1 ray From: Tim Cutler [proton_tec@hotmail.com] Sent: Friday, February 26, 2010 9:58 AM To: ray Subject: RE: Permit application for Concession Stand Ray I just placed an order for two signs that we will plan to install near that one entrance. 'goth are street department quality aluminum signs. One which will face out towards the incoming traffic says, "Entrance Only". The other is a standard "Do Not Enter" sign. Hopefully this will get the message out. Do you think I need to reference that I have purchased these signs and intend to install them in my application which I already dropped off? Thanks, Subject: RE: Permit application for Concession Stand Date: Tue, 9 Feb 2010 10:03:50 -0500 From: rbelair@sburl.com To: proton_tec@hotmail.com Tim, The earliest you could appear before the DRB is the March 16th meeting. The deadline is either before the agenda fills up or noon on March 4th, whichever comes first. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: Tim Cutler [mailto:proton_tec@hotmail.com] Sent: Tuesday, February 09, 2010 10:07 AM To: ray Subject: Permit application for Concession Stand Ray, Looking at the upcoming meeting schedules, when is the earliest DRB meeting I could get on the schedule for to have my application reviewed for the summer concession stand? When would my application need to be in? Thanks so much. Tim Cutler 864-1522 Hotmail: Powerful Free email with security by Microsoft. Get it now. Hotmail: Trusted email with Microsoft's powerful SPAM protection. Sign up now. 2/26/2010 FA* i PLANNING & ZONING MEMORANDUM TO: Trevor Whipple, Police Chief Douglas Brent, Fire Chief Justin Rabidoux, Director of Public Works/ City Engineer FROM: Raymond J. Belair, Administrative Officer RE: Seasonal Mobile Food Unit PC DATE: February 18, 2010 The Development Review Board has received an application for Site Plan Approval for a seasonal mobile food unit at 6-12 Ethan Allen Drive. Section 13.22(G) of the Land Development Regulations requires that prior to the approval of this use, a written recommendation shall be sought from the Police Department, Fire Department, and Department of Public Works. This facility was in operation last summer and staff did observe many customers leaving the property exiting an in -only access drive and driving down the wrong way on a one- way street. This application is scheduled for review by the Development Review Board on March 16, 2010. If you wish to comment on this proposal, please provide me with your written comments no later than Friday noon, March 12tn If you have any questions, please let me know. 575 Dorset Street South Burlington, VT 05403 tel 802.846,4106 fax 802.846.4101 www.sbLirl.com March 5, 2010 Paul G. Adams 1215 Airport Parkway South Burlington, VT 05403 Re: 6-12 Ethan Allen Drive Dear Property Owner: On the back of this letter is a copy of the draft agenda for the March 16, 2010 South Burlington Development Review Board meeting. The agenda includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846- 4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Jana Beagley . Planning & Zoning Assistant 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com March 5, 2010 Augustin Bernard 10 Valley Ridge South Burlington, VT 05403 Re: 6-12 Ethan Allen Drive Dear Property Owner: On the back of this letter is a copy of the draft agenda for the March 16, 2010 South Burlington Development Review Board meeting. - The agenda includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846- 4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, ?JanaBea gley Planning & Zoning Assistant 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com March 5, 2010 Koenig Property Management, LLC 463 Lime Kiln Road South Burlington, VT 05403 Re: 6-12 Ethan Allen Drive Dear Property Owner: On the back of this letter is a copy of the draft agenda for the March 16, 2010 South Burlington Development Review Board meeting. The agenda includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846- 4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Jana Beagley Planning & Zoning Assistant 575 Dorset Street South Burlington, VT 05403 tel 802.846,4106 fax 802.846.4101 www.sburl.com March 5, 2010 Lynn M. Chagnon and Nancy A. Whitehouse 15 Algird Street Burlington, VT 05401 Re: 6-12 Ethan Allen Drive Dear Property Owner: On the back of this letter is a copy of the draft agenda for the March 16, 2010 South Burlington Development Review Board meeting. The agenda includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846- 4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Jana Beagley Planning & Zoning Assistant 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com March 5, 2010 Patrick Ayer and Terese Maslack 458 Braeloch Road Colchester, VT 05446 Re: 6-12 Ethan Allen Drive Dear Property Owner: On the back of this letter is a copy of the draft agenda for the March 16, 2010 South Burlington Development Review Board meeting. The agenda includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846- 4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Jana Beagley Planning & Zoning Assistant 575 Dorset Street South Burlington, VT 05403 tel 802.846,4106 fax 802.846.4101 www.sburi.com March 5, 2010 Robert and Lynda Shand 5 Ethan Allen Drive South Burlington, VT 05403 Re: 6-12 Ethan Allen Drive Dear Property Owner: On the back of this letter is a copy of the draft agenda for the March 16, 2010 South Burlington Development Review Board meeting. The agenda includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846- 4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Jana Beagley Planning & Zoning Assistant 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com March 5, 2010 Bartlett Realty, LLC PO Box 1600 Williston, VT 05495 Re: 6-12 Ethan Allen Drive Dear Property Owner: On the back of this letter is a copy of the draft agenda for the March 16, 2010 South Burlington Development Review Board meeting. The agenda includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www,sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846- 4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Jana Beagley Planning & Zoning Assistant 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com southburfington *11 PLANNING & ZONING March 5, 2010 Stephanie Barrett 6 Lime Rock Road South Burlington, VT 05403 Re: 6-12 Ethan Allen Drive Dear Property Owner: On the back of this letter is a copy of the draft agenda for the March 16, 2010 South Burlington Development Review Board meeting. The agenda includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846- 4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, ?Jana Beagley Planning & Zoning Assistant 575 Dorset Street South Burlington, VT 05403 tel 802,846.4106 fax 802.846,4101 www.sburi.com southburbKlington PLANNING & ZONING March 5, 2010 Thomas Chastenay PO Box 2261 South Burlington, VT 05407 Re: 6-12 Ethan Allen Drive Dear Property Owner: On the back of this letter is a copy of the draft agenda for the March 16, 2010 South Burlington Development Review Board meeting. The agenda includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." - If you would like to know more about the proposed development, you may call this office at 846- 4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Jana Beagley Planning & Zoning Assistant 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com March 5, 2010 Sisters and Brothers Investment Group, LLC 75 South Winooski Avenue Burlington, VT 05401 Re: 6-12 Ethan Allen Drive Dear Property Owner: On the back of this letter is a copy of the draft agenda for the March 16, 2010 South Burlington Development Review Board meeting. The agenda includes a proposal that abuts property you own. The official agenda will be posted on the City's website 0w sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 446- 4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, ?JanaBeagley Planning & Zoning Assistant 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 911 ADDRESS PARCEL ID # OWNER MAILING ADDRESS CITY STATE ZIP CODE 437 LIME KILN RD 1034-00437 ADAMS PAUL G 1215 Airport Parkway South Burlington VT 05403 444 LIME KILN RD 1034-00444 BERNARD AUGUSTIN 10 Valley Ridge South Burlington VT 05403 463 LIME KILN RD 1034-00463 KOENIG PROPERTY MGMNT LLC 463 Lime Kiln Road South Burlington VT 05403 464 LIME KILN RD 1034-00464 BERNARD AUGUSTIN & SUZANNE 10 Valley Ridge South Burlington VT 05403 469 LIME KILN RD 1034-00469 KOENIG PROPERY MGMNT 463 Lime Kiln Road South Burlington VT 05403 478 LIME KILN RD 1034-00478 BERNARD AUGUSTIN 10 Valley Ridge South Burlington VT 05403 498 LIME KILN RD 1034-00498 CHAGNON LYNN M & WHITEHOUSE NANCY A 15 Algird Street Burlington VT 05401 1275 AIRPORT PKWY 0020-01275 AYER PATRICK B & TERESE MASLACK 458 Braeloch Road Colchester VT 05446 1 SHAMROCK RD 1520-00001 CITY OF SOUTH BURLINGTON 575 Dorset Street South Burlington VT 05403 5 ETHAN ALLEN DR 0640-00005 SHAND ROBERT M & LYNDA A 5 Ethan Allen Drive South Burlington VT 05403 60 ETHAN ALLEN DR 0640-00060 BARTLETT REALTY LLC P.O. Box 1600 Williston VT 05495 6 LIME ROCK RD 1035-00006 BARRETT STEPHANIE B 6 Lime Rock Road South Burlington VT 05403 10 LIME ROCK RD 1035-00010 CHASTENAY THOMAS B P.O. Box 2261 South Burlington VT 05407 14 LIME ROCK RD 1035-00014 SISTERS & BROTHERS INVESTMENT GROUP LLC 75 South Winooski Ave Burlington VT 05401 18 LIME ROCK RD 1035-00018 SISTERS AND BROTHERS INVEST GROUP LLP 75 South Winooski Ave Burlington VT 05401 i_ >�— i � ; / sb Souti. turlington Fire Depai t.ment 575 Dorset Street South Burlington, VT 05403 (802) 846-4110 Douglas S. Brent, Fire Chief To: Ray Belair, Administrative Officer From: Douglas Brent, Chief of Fire and EMS (6 Date: May 19, 2009 Re: Seasonal Mobile Food Unit I am in receipt of your memo dated May 12, 2009. From the Fire Department perspective we have no problem with this request. If you need any further information please contact me. AMn w 'fil® southburlington PLANNING & ZONING June 30, 2009 Timothy Cutler 67 Dairy Lane South Burlington, VT 05403 Dear Mr. Cutler: Enclosed is your second zoning permit for your Seasonal Mobile Food Unit. This constitutes your first renewal. This permit will be in effect until Sept. 15, 2009. Please be aware that we will continue to monitor your activity for compliance with your permit. If after a month, we determine that your activity is not being conducted in compliance with all approvals and permits, we will issue you and the landowner (Robert Shand) Notices of Violation. I hope this action will not be necessary. Sincerely, Aymond Administrative Officer 575 Dorset Street South Burlington, VT 05403 to] 802.846.4106 fax 802.846.4101 www.sburi.com MEMORANDUM TO: Trevor Whipple, Police Chief Douglas Brent, Fire Chief Bruce Hoar, Director of Public Works FROM: Raymond J. Belair, Administrative Officer' RE: Seasonal Mobile Food Unit Permit Renewal DATE: June 24, 2009 This office has received a permit renewal request from Tim Cutler, proprietor of the seasonal mobile food unit at 6-12 Ethan Allen Drive. Section 13.22(G) of the Land Development Regulations requires that prior to the approval of a permit renewal, a written recommendation shall be sought from you. This renewal may be denied if vehicular access has created unsafe vehicular or pedestrian conditions adjacent to the property. If you wish to comment on the existing operation, please do so in writing no later than noon on Tuesday, June 30, 2009. Should you have any questions, please feel free to contact me. 575 Dorset Street South Burlington, VT 05403 tel 802,846.4106 fax 802.846.4101 www,sburl.com . . /� � owI I i mv .A s 6� a D tt � � r .. a p 1 r ��F r^ 4 � 1 jv 1 IP LO OD 1Y. CD pw.. No Text Dated June 28t'' 2011 Raymond Belair South Burlington Planning and Zoning I Richard Grzywna believe we all agreed at the official town meeting that Tim Cutler operator / owner of said snack bar on Lime Kiln Rd, South Burlington, Vt 05403 would do the following; Would put down 1 '/z to 2" stone 24 feet wide by 20 feet deep to cover the ground and dirt to avoid any dust being created as vehicles leave said snack bar property! This is also in the final decision application SPA 1-09 Tim Cutler put down sur pack or plain old dirt, He did not follow the plans set forth 2" stone! Add Calcium Chloride to any area's were dust can be created and keep records per town meeting discussion. Rope off entire area so that vehicles may Only enter at designated in and out area! This has not been done either! There is also no designated outlined parking or signs either! He has a sign stating he is opening June 30tn Please investigate and make sure Mr Cutler is following all rules and regulations set forth per town meeting and S P- l 1-09 Thank You Richard Grzywna 498 Lime Kiln Rd South Burlington, Vt 05403 No Text No Text No Text No Text 1 a Page 1 of 1 ray From: ray Sent: Tuesday, May 26, 2009 3:30 PM To: 'Tim Cutler' Subject: RE: Traffic Issues Hi Tim, You left some papers at the meeting Tuesday night. You can pick them up in my office. I drove by the mobile food unit today and saw that you have a soft serve sign. Please note that you need a permit for this sign and you do not have one. It should therefore be removed immediately. Thanks. Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: Tim Cutler [mailto:proton_tec@hotmail.com] Sent: Saturday, May 23, 2009 11:09 PM To: ray Subject: Traffic Issues Ray: I received your message on Friday. I actually had not removed the items but they had been "removed" by someone else during the night on Thursday. I did not intend to leave the northern entrance open and have decided to try simple stakes in the ground with ropes between hoping that this will be less interesting to people. I certainly do not want you to think that after all I went through to get the site plan approved the way it was last Tuesday, that I would then try to antagonize the zoning department. As far as the southern entrance where you observed a car leaving, I will try placing a different sign at that location stating that the road is a one way and no left turn is allowed. Perhaps this will persuade people to stop using it. Thanks, Tim Hotmail@ goes with you. Get it on your BlackBerry or iPhone. 6/4/2009 STATE OF VERMONT - AGENCY OF HUMAN SERVICES STATE BOARD OF HEALTH License to Operate J.D. # , 11 LINK I.D. # LICENSE TYPE: C JMMERCIAL CATER ER EFFECTIVE DATE: 0,6 /,,) 1 I C J 9 ESTABLISHMENT NAME & LOCATION: E N N I E S JRNER ETHAN .;LLEN C LIME KILN RD JUTH BURLINGTON LICENSEE NAME & ADDRESS: CBT CAPITAL GRGUP LLC 67 CARY LANE SWOUTH B RLINGTON, VT 054 34 CAPACITY: _ FEE: $ 75. O u EXPIRATION DATE: G 5 13 1 f 2 0 0 THIS IS TO CERTIFY THAT ABOVE ESTABLISHMENT IS LICENSED TO OPERATE UNDER THE PROVISIONS OF TITLE 18, SECTIONS 4351-4451 VERMONT STATUTES ANNOTATED. THIS LICENSE IS VALID PENDING RATIFICATION BY THE VERMONT BOARD OF HEALTH. THIS LICENSE IS NOT TRANSFERABLE AND IS VALID ONLY FOR THE LICENSEE LISTED BELOW. THIS LICENSE SHALL BE CONSPICUOUSLY POSTED. be filled in. Ms. Carter noted there are also oil tanks underground and asked if they would have to be removed. Mr. Belair said that is not a city requirement. Ms. Kristiansen asked what her rights are in regard to the sewer easement. Mr. Dinklage said that is between her and the city. A member of the audience asked if there will be open space/recreation space required. Mr. O'Brien said they consider this "infill." They are not proposing any open space or an open space lot. They have spoken with staff with regard to the need for recreational space and will address that before preliminary plat. Mr. O'Brien indicated a possible open space area on the plan. Mr. Belair said they should consider open space to the north so if the adjacent lot is developed, there could be contiguous open space. Mr. Knudsen said if building envelopes were limited, it could create more open space. Mr. Dinklage noted that the cul-de-sac could be built now and then removed if the property to the north is developed at some time in the future. Mr. Dinklage asked if there are any wetlands on the site. Ms. O'Brien said there will be an exhaustive investigation. She didn't expect there are any major wetlands. Ms. O'Brien said the owner to the north has no present plans to do anything. Mr. O'Brien said there is a religious group that wants to build in the area and has approached several property owners. Mr. Dinklage said that has to be considered very seriously. Mr. Belair asked if the Board wants to impose "residential design." Mr. Dinklage said he saw no reason not to. Mr. O'Brien said their only concern is with building everything 25 feet from the sidewalk. They would prefer just to stay within the setback and have some variation, but nothing less than 25 feet. He also felt the "mixture of housing types" did not apply here but is for a much larger development. Mr. Belair said that for some reason the city wanted things to change to get a different look, and the Board will have to consider that. He noted that the Planning Commission put a lot of thought into the "residential design" concept. Mr. Dinklage reminded the applicant that the street should be wide enough for parking on one side. 11. Site Plan Application #SP-09-40 of Timothy Cutler to amend a previously approved plan for a seasonal mobile food unit. The amendment consists of altering access and circulation, 6-12 Ethan Allen Drive: Mr. Cutler said the initial site plan in April called for a northern and southern entrance and exit. Then Public Works raised the issue of sight distance, so the plan was amended to show only a right turn would be allowed. At the DRB meeting for the approval, Mr. Cutler said he agreed to remove the northern curb cut because there was no sight distance study to say it was safe. Since that time, a sight distance study has been done. It was found that at the 25 mph speed limit, there would be a sight distance of 420 feet, which falls within the standards. Mr. Cutler said he is now asked for that northern curb cut to be reinstated. Mr. Cutler noted there is also a "one way in" from Shamrock Road. He has mowed a piece of land to allow for exit to Ethan Allen Drive. He noted the current access is very steep, and it is more conducive to traffic flow to use the northern curb cut. Mr. Belair said he had received no comments back from Police, Fire or Public Works Departments. Mr. Cutler added that the civil engineer has said there is still a safe stopping distance from the northern access. Members considered whether to visit the site. Mr. Behr said he felt the applicant had done what the DRB requested.. He felt speed in the area could be addressed by enforcement. Mr. Knudsen said not being an engineer, he is in no position to disagree with what a civil engineer has said. Mr. Cutler said he would agree to leave the Ethan Allen Dr. access on the plan and will brush -hog it regularly. Mr. Belair reminded the Board that this application has to be reviewed every 2 months, so it can be revisited if there is a problem. Ms. Quimby moved to approve Site Plan Application #SP-09-40 of Timothy Cutler subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 12. Continued Sketch Plan Application #SD-09-10 of Stella Chastenay Trust for a planned unit development to construct a 4-story building consisting of 7,800 sq. ft. of retail use and 24 residential dwelling units, 111-113 Hinesburg Road: Mr. Belair advised that the applicant had asked for a continuance until 21 July. Ms. Quimby moved to continue Sketch Plan Application #SD-09-10 of Stella Chastenay Trust until 21 July 2009. Mr. Farley seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting was adjourned at 10:30 p.m. Clerk Date `1 A 1 ,% RWIN 010 southb►urlinoou Cy PLANNING & ZONING May 21, 2009 Timothy Cutler 67 Dairy Lane South Burlington, VT 05403 Re: 6-12 Ethan Allen Drive Dear Mr. Cutler: Enclosed, please find copies of the Findings of Fact and Decisions rendered by the Development Review Board on May 19, 2009 (effective 5/19/09). Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sincerely, VIA Jana Beagley Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7008 0150 0003 6150 6536 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to eve been heard by the DRB. 24 V.S.A. § 4461(b)() eUpon rson orecce receipt of r body notice of a earing d having the environmental court, the DRB must supply a list of interested persons to the peal to appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: I �C f AME MAILING ADDRESS aLq or 4 rJUA ed V�q i- 11)fLM6/yr � Nl--ww 11,4pL%y{lodt %{C� U g U ro� r� 43 /57 /6 7 "w"Z, �"' e� 'Ir ®S'16 / PROJECT OF INTEREST 1:?A-rve l S . �-/fi r/-^„�)"W d2 �ti�� CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: WV1� NAM�E"f MAILING AnnRF-qS DDn 1=r1T Y1C IAITcnr. r-r. o 13 D -- (� k L- L) C) S d- 812 _ �5 / Pv ©:� 6y(- yy... OS V0 .6-Z 2®�.rr55e :f�sz Cy<rc kRt S r �/� �rA off SD ccaCLtdC',ed Ci�C�� w // r neese 9 /�13��A'Sf 1i/. 2SS 8a.7lere�f Dr. �0 T /J f ra r r a ST 13C✓er (�Y / Lc°At / MEMORANDUM TO: South Burlington Development Review Board FROM: Cathyann LaRose, Associate Planner RE: Agenda #11, Site Plan Application #SD-09-40 DATE: May 15, 2009 Timothy Cutler, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for a seasonal mobile food unit. The amendment consists of altering access and circulation, 6-12 Ethan Allen Drive. The Board reviewed the original application, Site Plan #SP-09-21, on April 21, 2009 (minutes attached). At that time, Mr. Belair noted that Bruce Hoar wanted no curb cut on Lime Kiln Road as he was concerned with left -turners causing accidents. The northerly curb cut should be eliminated entirely. Mr. Cutler said he would provide a "no exit" sign at that point and orange cones would be included to close this. The motion was amended to include the stipulation that the plan be revised to show that the northerly curb cut shall be eliminated and not used. The applicant is now seeking use of this curb cut on Lime Kiln Road. He worked with a civil engineer to review the site distances for the site. The civil engineer determined a site distance of 420 feet (see attached letter). At the posted speed limit of 25 mph, the minimum necessary site distance is 275 feet. However, at only 40 mph, the necessary site distance is 440 feet. Staff is concerned that a vehicle, headed southbound and stopped waiting for cleared traffic to make a left turn into the site, does not leave enough stopping distance for a vehicle approaching behind it at a somewhat common speed for the area. While the planning department absolutely does not condone speeding, we must also try to remain fully realistic with respect to actual ground conditions. Staff is working with the SBPD to get a better understanding of speeds in the area. A visit to the subject property did not put our minds to ease that safe speeds were being followed, or that a safe exit from the proposed access point was possible. The visit to the site also raised some questions about the approved access on Ethan Allen Drive. On the plan, it appears a valuable ingress and egress. However, the plans do not depict the steep grade which exists. Staff had difficulty navigating this access, especially driving a sedan up the hill. While we are not proposing to eliminate this already approved curb cut, it should be noted herein. Section 13.22(6) of the Land Development Regulations requires that prior to the approval of this use, a written recommendation shall be sought from the Police Department, Fire Department, and Department of Public Works. No written comments have been received by departments by the date of this memo. However, the Director of Public Works has stated continued concern for any use of this access on Lime Kiln Road. Staff encourages the Board to visit the site and examine the proposed access firsthand. Staff does not recommend approval of this application. l O'Leary -Burke Civil Associates, PLC CIVIL ENGINEERING I REGULATORY AND PERMIT PREPARATION I LAND SURVEYING I CONSTRUCTION SERVICES 1 LAND USE PLANNING May 13, 2009 Ray Belair, Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Culter Snack Bar - Lime Kiln Road, South Burlington Dear Ray, As a follow up to my previously submitted email I wanted to confirm that I did indeed meet with Tim Culter at the site of his proposed snack bar to measure the north bound and south bound site distances. For Lime Kiln Road, which has a posted speed limit of 25 mph the State of Vermont recommendation for minimum site distance is 2751 , the required minimum safe stopping distance is 150'. Using standard methodology for measuring sight distances It was found that the existing access had approximately 420' of sight distance to the north and exceeded 500' to the south. This measurement was taken from a point 15' off the edge of pavement, at the existing access, and measured from an eye height of 3.5 feet to an oncoming vehicle height of 3.5 feet. Both north and south bound site distances exceed the states recommendations and requirements concerning site distance and access location. If you have any questions, please do not hesitate to call. Sincerely, Brian J. Bertsch, P.E. cc: Tim Culter (via email) 1 CORPORATE DRIVE SUITE #1 ESSEX JUNCTION VERMONT 05452 TEL 802 878 9990 I FAX 802 878 9989 I obca@olearyburke.com DEVELOPMENT REVIEW BOARD 21 APRIL 2009 PAGE 4 9. Site Plan Application #SP-09-29 of Timothy Cutler to install a seasonal mobile food unit, 6-12 Ethan Allen Drive: Mr. Cutler said no designated parking will be provided. Parking will be on an existing flat piece of land. There will be an unpaved access to Ethan Allen Drive. At the end of the season, the land will be returned to its natural state. Mr. Belair noted that Bruce Hoar wanted no curb cut on Lime Kiln Road as he was concerned with left -turners causing accidents. The northerly curb cut should be eliminated entirely. Mr. Cutler said he would provide a "no exit" sign at that point. Mr. Plumeau suggested some jersey barriers to define circulation. Mr. Belair said orange cones would be cheaper. The motion was amended to include the following stipulation: The plan shall be revised to show that the northerly curb cut shall be eliminated and not used. Ms. Quimby moved to approve Site Plan Application #SP-09-29 of Timothy Cutler subject to the stipulations in the draft motion as amended above. Mr. Farley seconded. Motion passed unanimously. 10. Continued Sketch Plan Application #SD-09-10 of Stella Chastenay Trust for a planned unit development to construct a 4-story building of 7,800 sq. ft. of retail use and 24 residential dwelling units, 111-113 Hinesburg Road: Mr. Behr noted that the applicant had requested a continuance until 19 May. Ms. Quimby moved to continue Sketch Plan Application #SD-09-10 of Stella Chastenay Trust until 19 May. Mr. Farley seconded. Motion passed unanimously. As there was no further business, the meeting was adjourned at 8:30 p.m. Clerk Date Site Plan Application Permit Number SP- ® - V APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER OF RECORD (Name as shown i deed, mailing address, phone and fax #): 'Ser-Z el" • V>r 6AS %e 5- Og6 M;0 19141 - 44 SCo 2. LOCATION OF LAST RECORDED DEED (Book and page #)- Q , 3 7v &_;,��_, '7C, 7 3. APPLICANT (Name, mailing address, phone and fax 5�, V7- CSqej3 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #): C, 4(ei- 6- 1 Da_cv Lon� 50. 81(, Vr os-g03 C �oa� Remit- 15 a� 44.,,e- (-90;0 735-- 651a- Cell a. Contact e-mail address: p — +cc @ k 4,,,11. eawl 5. PROJECT STREET ADDRESS:. 6 ` I Z F+(,� Alley.., I)r. S­-IL� , ,,� osyo3 6. TAX PARCEL ID # (can be obtained at Assessor's Office): O(o`(o- 0001a /obgd-0000(,/ 7. PROJECT DESCRIPTION a General oroiect description (explain what you want approval for): 4,c,.0 to in c ` p o. .�. o �-} C c v-� —} ca�' �+Jo-S A r ?_,3 i O u.9 kY U o e r- F t rA2lq XeA Fe 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Site Plan Application b. Existing Uses on Property (including description and size of each separate use): 14-1— _C.'j CY' c. Proposed Uses on property (include description and size of each new use and existing uses to remain): -Fel— Eli_.r- �' A,_-- �. 10 3 � / G `i . d. Total building square footage on property (proposed buildings and existin buildings to remain): 1170 F.X:+ +L_ 1 e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): -T�_,�- t- —4- _14,. -4 L -I-, , I f. Number of residential units (if applicable,- new, units and existing units to remain): g. Number of employees & company vehicles (existing and proposed, note office versus non - office employees): �,� l,. w��� �_ 1 ��ti� -�-�` �lti,` -i is-zwy) LVlC�S CJ 21 cW rc, ..v 4, .w.. h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): 8. LOT COVERAGE Total Parcel Size: S.75-, 'z_a F Sq. Ft. a. Building: Existing_V % / e` sq. ft. Proposed( Lz�,. I % / 1120 sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing a % / O sq. ft. Proposed t- i % / '3:z �o sq. ft. c. Front yard (along each street) Existing % / sq, ft. Proposed W.L9 sq. ft. Site Plan Application d. Total area to be disturbed during construction (sq. ft.) 0 * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations): b. Landscaping: $ — C, — nj/� c. Other site improvements (please list with cost): 10. ESTIMATED TRAFFIC a. Average daily traffic for entire property (in and out): 60 ac b. A.M. Peak hour for entire property (in and out): a O c. P.M. Peak hour for entire property (In and out): 11. PEAK HOURS OF OPERATION: 11: 30 12. PEAK DAYS OF OPERATION: 13. ESTIMATED PROJECT COMPLETION DATE: -e— 14. ABUTTERS (please list all abutting landowner. Include mailing address. Also include those across a street or right-of-way. You may use a separate sheet if necessary) 3 Site Plan Application 15. SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). 4 Site Plan Application I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT Do not write below this line DATE OF SUBMISSION: PRINT NAME REVIEW AUTHORITY: ❑ Development Review Board ❑ Administrative Officer I have reviewed this site plan application and find it to be: Complete ❑ Incomplete of Planning & Zoning or Designee 5 Site Plan Application EXHIBIT A SITE PLAN The following information must be shown on the site plan. Please submit five (5) copies and one reduced copy (11" x 17") of the site plan_ Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. o Lot drawn to scale (20 feet scale if possible) o Survey data (distance and acreage) o Contours (existing and finished) o Proposed landscaping schedule (number, variety and size) as required in Section 26.105 of the zoning regulations c Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping o Existing and proposed curb cuts, pavement, walkways o Zoning boundaries o Number and location of parking spaces (as required under Section 26.25 of the zoning regulations) o Number and location of handicapped spaces (as required under Section 26.253(a) of the zoning regulations) o Location of septic tanks (if applicable) o Location of any easements o Lot coverage information: Building footprint, total lot, and front yard o North arrow o Name of person or firm preparing site plan and date o Exterior lighting details (cut sheets). All lights should be down casting and shielded. o Dumpster locations (dumpsters must be screened) o Bicycle rack as required under Section 26.253(b) of the zoning regulations o If Restaurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats APPLICATION FEE Site Plan $ 186* Amended Site Plan $ 186* Administrative Site Plan $ 86* * Includes $11.00 recording fee L No Text i W 1034 004444 1034 00464 R 00478 k AWL 1C)34 OORQS CL e+� \.\MATCH SHEET 8 M\ATCH SHEET 4` 4A 'i 30 ROW /j A Lik,..I KoeWS 1034 � -�J 1034 c 00�63 00437 3 1� l9 004R69 4000 \ 00000 M-002 \ �•\ 0640 \ 000005_ \ \ +b 15 05 R ` \ R6f. 1520 `' \ 000R07 \ E \ \ 0000°s a \ 00009 v V) \ I \ 0612 1 c Iv. P 1 AOk 1 i \ i� 11 t \ 1 � � 1 S � t :�B a'M� < • oo�t s t Gira 01 1035 t 00`14 � 1035 1 00010 , 1035 00006 Ore 010 0 060 c 0435 00001 it . 40. C1� 0640 oo72 70000 ETHAN ALLEN DR ur 1035 00015 u� 00074 c 911 ADDRESS PARCEL ID # OWNER MAILING ADDRESS CITY STATE ZIP CODE 437 LIME KILN RD 1034-00437 ADAMS PAUL G 1215 Airport Parkway South Burlington VT 05403 444 LIME KILN RD 1034-00444 BERNARD AUGUSTIN 10 Valley Ridge South Burlington VT 05403 463 LIME KILN RD 1034-00463 KOENIG PROPERTY MGMNT LLC 463 Lime Kiln Road South Burlington VT 05403 464 LIME KILN RD 1034-00464 BERNARD AUGUSTIN & SUZANNE 10 Valley Ridge South Burlington VT 05403 469 LIME KILN RD 1034-00469 KOENIG PROPERY MGMNT 463 Lime Kiln Road South Burlington VT 05403 478 LIME KILN RD 1034-00478 BERNARD AUGUSTIN 10 Valley Ridge South Burlington VT 05403 498 LIME KILN RD 1034-00498 CHAGNON LYNN M & WHITEHOUSE NANCY A 15 Algird Street Burlington VT 05401 1275 AIRPORT PKWY 0020-01275 AYER PATRICK B & TERESE MASLACK 458 Braeloch Road Colchester VT 05446 1 SHAMROCK RD 1520-00001 CITY OF SOUTH BURLINGTON 575 Dorset Street South Burlington VT 05403 5 ETHAN ALLEN DR 0640-00005 SHAND ROBERT M & LYNDA A 5 Ethan Allen Drive South Burlington VT 05403 60 ETHAN ALLEN DR 0640-00060 BARTLETT REALTY LLC P.O. Box 1600 Williston VT 05495 6 LIME ROCK RD 1035-00006 BARRETT STEPHANIE B 6 Lime Rock Road South Burlington VT 05403 10 LIME ROCK RD 1035-00010 CHASTENAY THOMAS B P.O. Box 2261 South Burlington VT 05407 14 LIME ROCK RD 1035-00014 SISTERS & BROTHERS INVESTMENT GROUP LLC 75 South Winooski Ave Burlington VT 05401 18 LIME ROCK RD 1035-00018 SISTERS AND BROTHERS INVEST GROUP LLP 75 South Winooski Ave Burlington VT 05401 — �—,AN Pej,z No Text No Text 1� ►►AX i lout PLANNING & ZONING May 11, 2009 Robert Shand 92 Raceway Road Jericho, VT 05465 Re: 6-12 Ethan Allen Drive Dear Property Owner Enclosed is the draft agenda for the May 19, 2009 South Burlington Development Review Board Meeting. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public meeting is being held regarding the proposed development. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, ana Beagley Planning & Zoning Assistant Encl. Cc: Timothy Cutler 67 Dairy Lane South Burlington, VT 05403 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: Trevor Whipple, Police Chief Douglas Brent, Fire Chief Bruce Hoar, Director of Public Works FROM: Raymond J. Belair, Administrative Officer RE: Seasonal Mobile Food Unit Amendment DATE: May 12, 2009 The Development Review Board has received an application for Site Plan Approval to amend a previously approved plan for a seasonal mobile food unit at 6-12 Ethan Allen Drive. Section 13.22(6) of the Land Development Regulations requires that prior to the approval of this use, a written recommendation shall be sought from the Police Department, Fire Department, and Department of Public Works. The amendment consists of installing a curb cut on Lime Kiln Road previously denied by the Development Review Board. The applicant has now obtained a report from an engineer stating that the proposed access has sufficient sight distance for a safe access (see attached). This application is scheduled for review by the Development Review Board on May 19, 2009. If you wish to comment on this proposal, please provide me with your written comments no later than Friday noon, May 15tn If you have any questions, please let me know. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com RE: Sight Distance Review From: Briars Bertsch(bbertsc:tsC(?olearyburice.con-)) Sent: Tue 4/28/09 9:24 AM To: Tim Cutler (proton_ tec(�lhotrnail.corn) Cc: rbelair@sburi.com Hi Ray, I just wanted to add to Tim's email and confirm that we did meet on site yesterday to measure sight distance at the existing access off of Lime Kiln Road. The sight distance in question (to the north) was found to be 420' - which exceeds the states' recommendation for minimum sight distance of 275' for 25 mph. This measurement was taken from a point 15' off the edge of pavement, at the existing access, and measured from an eye height of 3.5 feet to an oncoming vehicle height of 3.5 feet. It should be noted that while the state's recommendation for intersections sight distance at 25 mph is 275', the required minimum safe stopping distance at 25 mph is 150'; the available sight distances, at the projects intersection, of 420' to the north and >500' to the south exceed both the states recommendation and requirements. Please let me know if this satisfies your request for additional information as it relates the sight distances for Tim's project. Thanks! Brian DEVELOPMENT REVIEW BOARD 21 APRIL 2009 PAGE 3 7. Master Plan Application #MP-09-01 of South Village Communities, LLC, to amend a previously approved Master Plan for a planned unit development consisting of: 1) a 334 residential unit traditional neighborhood design to include single-family, two family, and multi -family dwelling units, 2) a 100-student educational facility, and 3) a 35-acre community supported farm, 1840 Spear Street: Mr. Plumeau noted that the South Village former project manager now works for him. Members had no issue with Mr. Plumeau hearing the application. Mr. Belair noted that staff recommends overall coverage of 70%, not 75% as the applicant requested. Mr. Scheuer said they are OK with that. Ms. Quimby moved to approve Master Plan Application #MP-09-01 of South Village Communities, LLC, subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 8. Preliminary Plat Application #SD-09-17 and Final Plat Application #SD-09-18 of South Village Communities, LLC, to amend a previously approved planned unit development of Phase I consisting of 156 residential units, a 100-student educational facility, and a 35-acre community supported farm. The amendment consists of 1) subdividing a 187.71 acre parcel (lot #48) into three lots of 2.71 acres (lot #11B), 0.45 acres to be added to lot 11A, and 184.6 acres (remaining lot #48) and 2) developing lot #IIB into a publicly owned soccer field with associated parking, 1840 Spear Street: Mr. Scheuer asked if a bond is still required if the city does the building. Mr. Belair said that should be worked out with the city. Mr. Belair noted the plan does not show what Mr. Hubbard wants in the way of fencing around the field. He would like the fence behind the goal to extend 30 feet to each side. There is also nothing to show what the fence will look like. Mr. Scheuer said he had no problem extending the fence as requested. The fence is a wire web construction. Mr. Belair noted that Mr. Hubbard would like green chain link. Stipulation 3B was added to the approval motion as follows: The plans shall be revised to reflect the request of the Recreation Director. Ms Quimby moved to approve Preliminary Plat Application #SD-09-17 and Final Plat Application #SD-09-18 of South Village Communities, LLC, subject to the stipulations in the draft motion as amended above. Mr. Farley seconded. Motion passed unanimously. 9. Site Plan Application #SP-09-29 of Timothy Cutler to install a seasonal mobile food unit, 6-12 Ethan Allen Drive: DEVELOPMENT REVIEW BOARD 21 APRIL 2009 PAGE 4 Mr. Cutler said no designated parking will be provided. Parking will be on an existing flat piece of land. There will be an unpaved access to Ethan Allen Drive. At the end of the season, the land will be returned to its natural state. Mr. Belair noted that Bruce Hoar wanted no curb cut on Lime Kiln Road as he was concerned with left -turners causing accidents. The northerly curb cut should be eliminated entirely. Mr. Cutler said he would provide a "no exit" sign at that point. Mr. Plumeau suggested some jersey barriers to define circulation. Mr. Belair said orange cones would be cheaper. The motion was amended to include the following stipulation: The plan shall be revised to show that the northerly curb cut shall be eliminated and not used. Ms. Quimby moved to approve Site Plan Application #SP-09-29 of Timothy Cutler subject to the stipulations in the draft motion as amended above. Mr. Farley seconded. Motion passed unanimously. 10. Continued Sketch Plan Application #SD-09-10 of Stella Chastenay Trust for a planned unit development to construct a 4-story building of 7,800 sq. ft. of retail use and 24 residential dwelling units, 111-113 Hinesburg Road: Mr. Behr noted that the applicant had requested a continuance until 19 May. Ms. Quimby moved to continue Sketch Plan Application #SD-09-10 of Stella Chastenay Trust until 19 May. Mr. Farley seconded. Motion passed unanimously. As there was no further business, the meeting was adjourned at 8:30 p.m. Clerk Date CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: April 17, 2009 FAUSERS\Planning & Zoning\Development Review Plans received: April 1, 2009 Board\Findings_Decisions\2009\Cutler SP0929 memo.doc Aqenda #6 Owner/Applicant Robert Shand 92 Raceway Road Jericho, VT 05465 6-12 Ethan Allen Drive SITE PLAN APPLICATION #SP-09-29 Meeting date: April 21, 2009 Contact Property Information Timothy Cutler Tax Parcel 67 Dairy Lane Industrial -Commercial Zoning District South Burlington, VT 05403 Location Map CITY OF SOUTH BURLING I -ON 2 DEVELOPMENT REVIEW BOARD DEPARTMENT OF PLANNING & ZONING 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. COMMENTS Administrative Officer Ray Belair, referred to herein as Staff, has reviewed the plans submitted on April 1, 2009 and has the following comments. Zoning District & Dimensional Requirements: Industrial -Commercial Zoning District Required �— Proposed �l Min. Lot Size 40,000 S.F. 325,828 S.F Max. BuildingCoverage 40% < 1 �l Max. Overall Coverage 70% < 1% Max. Front Yard Coverage 30% 6.5 % 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 Zoning Compliance 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. CITY OF SOUTH BURLINV I -ON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING 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. (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. 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 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 CITY OF SOUTH BURLING I -ON 5 DEVELOPMENT REVIEW BOARD DEPARTMENT OF PLANNING & ZONING I. A seasonal mobile food unit shall be exempt from Section 10.02 Traffic Overlay District of these regulations. Staff recommends that the South Burlington Development Review Board approve Site Plan Application #SP-09-29. Respectfully submitted,' r i~ Raymond . Belair, Administrative Officer Copy to: Timothy Cutler, Contact Page 1 of l ray From: Bruce Hoar Sent: Tuesday, April 14, 2009 11:53 AM To: Ray J. Belair Subject: Proposed Seasonal Mobile Food Unit Ray, I do not have any issue with an entrance off the one way section at the intersection. The access for this lot should be off Ethan Alan Drive. I am not comfortable with adding an exit onto Airport Parkway/Lime Kiln Road at the location shown. I believe that we should be requiring a traffic study done if we are going to allow the use of this lot. Bruce K. Hoar Director South Burlington Public Works 575 Dorset Street South Burlington, VT 05403 802-658-7961 bhoar@sburl.com 4/14/2009 STATE OF VERMONT - AGENCY OF HUMAN SERVICES STATE BOARD OF HEALTH License to Operate I.D. # 911 LINK I.D. # LICENSE TYPE: C 0 M M -= R %SA (,ATERER EFFECTIVE DATE: 0 5/ 2 ,0 / Z 0 D 8 ESTABLISHMENT NAME & LOCATM6N-- 3ENNIES URNER ETHAN ALLEN J LIN KI N RD SOUTH BU- LTNGTON LICENSEE NAME & ADDRESS: CST (,APITAL; GROUP LL(, 67 1AAY LANE SOUTH 3URLl.NGTJNq VT 05+03 CAPACITY: _..- __ - FEE: $1 7 5 • 0 J EXPIRATION DATE: 0 5/= 1 l I 0 THIS IS TO CERTIFY THAT ABOVE ESTABLISHMENT IS LICENSED TO OPERATE UNDER THE PROVISIONS OF TITLE 18, SECTIONS 4351-4451 VERMONT STATUTES ANNOTATED. THIS LICENSE IS VALID PENDING RATIFICATION BY THE VERMONT BOARD OF HEALTH. THIS LICENSE IS NOT TRANSFERABLE AND IS VALID ONLY FOR THE LICENSEE LISTED BELOW. R THIS LICENSE SHALL BE CONSPICUOUSLY POSTED. _ fi d cll I u No Text af, v a CT) fw8 'S!•' z CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep,a written record of the name, address and participation of each person who has sought interested person.status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days.-24 V.S.A. § 4471(c). HEARING DATE: I N ME MAILING ADDRESS PROJECT OF INTEREST SRAO 6A�n� r� sN.c Pia c��Gnr �0. Lk � C'o u k P JT A f- /rryes ©� q 3. 0 �v( yr oS Yd6 Pl'c —.4-1-00 os ktoki 6g2p' southburiu ton PLANNING & ZONING April 27, 2009 Timothy Cutler 67 Dairy Lane South Burlington TV 05403 Re: 6-12 Ethan Allen Drive Dear Mr. Cutler Enclosed, please find copies of the Findings of Fact and Decisions rendered by the Development Review Board on April 21, 2009 (effective 4/21/09). Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sincerely, Jana Beagley Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7008 0150 0003 6150 6482 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com � rr Site Plan Application southburlington PLANNING & ZONING Permit Number SP- - � APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER OF RECORD (Name as shown oV deed, mailing address, phone and fax #): 2. LOCATION OF LAST RECORDED DEED (Book and page #)- a. I�, 3 7gZ,0>..,_ -7© 7 3. APPLICANT (Name, mailing address, phone and fax #): C: -7 L 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #): -T;, � �, E C ��(e� �� d�a;r� So. 8,(, tJr os 3 ( 8oai S(o i— (s dt;L -Na...e. (8020 735"- 60,t1- Cell a. Contact e-mail address: +cc @ k 4,,,t I. carve 5. PROJECT STREET ADDRESS: 6 ` I Z F+(, .-., Pile., Dom. 5-4-L 6. TAX PARCEL ID # (can be obtained at Assessor's Office): 0cot4o- 000ta /Ob40-0000("f 7. PROJECT DESCRIPTION a. General proiect description (explain what you want approval for): 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com Site Plan Application b. Existing Uses on Property (including description and size of each separate use): c. Proposed Uses on property (include description and size of each new use and existing uses to remain): ; _, ; : 4-o t 4 l ­o 1 l re--\;, ., d. Total building square footage on property (proposed buildings and existing buildings to remain): 1,7 C , , , � .. _ - , , _- .** e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine):ly_-�-- f. Number of residential units (if applicable,- new units and existing units to remain): g. Number of employees & company vehicles (existing and proposed, note office versus non - office employees): 1_�.[," h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): 8. LOT COVERAGE Total Parcel Size: 3�25, g� g Sq. Ft a. Building: Existing % / sq. ft. Proposed % / 1120 sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing % / e sq. ft. Proposed % / 110 sq. ft. c. Front yard (along each street) Existing_ f % / sq. ft. Proposed. % � „'" sq. ft. �` cam' fE�+� l• �..'S t+S i t�. r,� ,',.�,_ ' SI cV 1 vW ,Q2i!)'%�V�CJ 5 � I i ">IA.i-k 2 Site Plan Application d. Total area to be disturbed during construction (sq. ft.) * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations): $ b. Landscaping: $ — ©-- 1\21A c. Other site improvements (please list with cost): 10. ESTIMATED TRAFFIC a. Average daily traffic for entire property (in and out): '7(C, b. A.M. Peak hour for entire property (in and out) I c. P.M. Peak hour for entire property (In and out):_ ;kn 11. PEAK HOURS OF OPERATION: 11: 30 Jr,., I: Cc 12. PEAK DAYS OF OPERATION: 4, 13. ESTIMATED PROJECT COMPLETION DATE: S/i s to S � 4-1__ 14. ABUTTERS (please list all abutting landowner. Include mailing address. Also include those across a street or right-of-way. You may use a separate sheet if necessary) � See 44L JZ s Le_4 3 Site Plan Application 15. SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). Site Plan Application I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT NATURE OF PROP15RTY OWNER PRINT NAME Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: Development Review Board ❑ Administrative Officer I have reviewed this site plan application and find it to be: Complete ❑ Incomplete of Planning & Zoning or Designee Date E Site Plan Application EXHIBIT A SITE PLAN The following information must be shown on the site plan. Please submit five (5) copies and one reduced copy (11" x 17") of the site plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. o Lot drawn to scale (20 feet scale if possible) o Survey data (distance and acreage) �-VA o Contours (existing and finished) il(A o Proposed landscaping schedule (number, variety and size) as required in Section 26.105 of the zoning regulations t3tA o Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping o Existing and proposed curb cuts, pavement, walkways zoning boundaries Number and location of parking spaces (as required under Section 26.25 of the zoning regulations) Number and location of handicapped spaces (as required under Section 26.253(a) of the zoning regulations) o Location of septic tanks (if applicable) N/A o Location of any easements vl/A o Lot coverage information: Building footprint, total lot, and front yard -V North arrow o Name of person or firm preparing site plan and date o Exterior lighting details (cut sheets). All lights should be down casting and shielded. 91,4 Dumpster locations (dumpsters must be screened) Bicycle rack as required under Section 26.253(b) of the zoning regulations o If Restaurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats WA APPLICATION FEE Site Plan $ 186* ❑ Amended Site Plan $ 186* ❑ Administrative Site Plan $ 86* * Includes $11.00 recording fee 1.1 M No Text FJ� � 30' ROW T � 1034 _ 004R44 ' A 1034 00c63 s 1034 00464 R F wt- �s 00469 \ g 04 R Q1J ilk 1034 OO4R98 L •\• - r SHEET 8 8 \MATCH MATCH / SHEET 4 / 00000 \ M-002 \ \ \•\ 06110 \ 00005 OOOV05 ~1 \ r R1520 \ `\ lCR °R0 ry • ~ � 1 t 035 1 OOC10 r i� i• / 1035 00006 i 00060 C O0008 \,\ 0640 sy \ 00009 / V U1 '\ Ir \• \ 0435 000 1 OOC 0, 1034 1`, C175 00437 C 1\ 96 \ Amy \ PO4 A�,a;�;s yr• / \ F4 00 / \ 1 r' ` Sliars r r 1 � S; \ 1035 00`14 , 54 1035 00015 ttr 0640 00072 0640 1 00o74 00070 V .! C ET HAN AMEN DR. M 911 ADDRESS PARCEL ID # OWNER MAILING ADDRESS CITY STATE ZIP CODE 437 LIME KILN RD 1034-00437 ADAMS PAUL G 1215 Airport Parkway South Burlington VT 05403 444 LIME KILN RD 1034-00444 BERNARD AUGUSTIN 10 Valley Ridge South Burlington VT 05403 463 LIME KILN RD 1034-00463 KOENIG PROPERTY MGMNT LLC 463 Lime Kiln Road South Burlington VT 05403 464 LIME KILN RD 1034-00464 BERNARD AUGUSTIN & SUZANNE 10 Valley Ridge South Burlington VT 05403 469 LIME KILN RD 1034-00469 KOENIG PROPERY MGMNT 463 Lime Kiln Road South Burlington VT 05403 478 LIME KILN RD 1034-00478 BERNARD AUGUSTIN 10 Valley Ridge South Burlington VT 05403 498 LIME KILN RD 1034-00498 CHAGNON LYNN M & WHITEHOUSE NANCY A 15 Algird Street Burlington VT 05401 1275 AIRPORT PKWY 0020-01275 AYER PATRICK B & TERESE MASLACK 458 Braeloch Road Colchester VT 05446 1 SHAMROCK RD 1520-00001 CITY OF SOUTH BURL INGTON 575 Dorset Street South Burlington VT 05403 5 ETHAN ALLEN DR 0640-00005 SHAND ROBERT M & LYNDA A 5 Ethan Allen Drive South Burlington VT 05403 60 ETHAN ALLEN DR 0640-00060 BARTLETT REALTY LLC P.O, Box 1600 Williston VT 05495 6 LIME ROCK RD 1035-00006 BARRETT STEPHANIE B 6 Lime Rock Road South Burlington VT 05403 10 LIME ROCK RD 1035-00010 CHASTENAY THOMAS B P.O. Box 2261 South Burlington VT 05407 14 LIME ROCK RD 1035-00014 SISTERS & BROTHERS INVESTMENT GROUP LLC 75 South Winooski Ave Burlington VT 05401 18 LIME ROCK RD 1035-00018 SISTERS AND BROTHERS INVEST GROUP LLP 75 South Winooski Ave Burlington VT 05401 n A "0 � OiN n0, I Md, I mowu I �A No Text n DP' PLANNING & ZONING April 10, 2009 Robert Shand 92 Raceway Road Jericho, VT 05465 Re: 6-12 Ethan Allen Drive Dear Property Owner: Enclosed is the draft agenda for the April 21, 2009 South Burlington Development Review Board Meeting. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public meeting is being held regarding the proposed development. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, 4��P7Jana Beagley Planning & Zoning Assistant Encl. Cc: Timothy Culer 67 Dairy Lane South Burlington, VT 05403 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: Trevor Whipple, Police Chief Douglas Brent, Fire Chief Bruce Hoar, Director of Public Works FROM: Raymond J. Belair, Administrative Officer )TA RE: Proposed Seasonal Mobile Food Unit DATE: April 8, 2009 The Development Review Board has received an application for Site Plan Approval to install a seasonal mobile food unit at 6-12 Ethan Allen Drive. Section 13.22(6) of the Land Development Regulations requires that prior to the approval of this use, a written recommendation shall be sought from the Police Department, Fire Department, and Department of Public Works. (see attached) This application is scheduled for review by the Development Review Board on April 21, 2009. If you wish to comment on this proposal, please provide me with your written comments no later than Thursday, April 16, 2009. If you have any questions, please let me know. 575 Dorset Street South Burlington, VT 05403 tell 802.846.4106 fax 802.846.4101 www.sburl.com ORWIffilklik, 044h s®uthburliut® PLANNING & ZONING Permit Number SP- APPLICATION FOR SITE PLAN REVIEW Site Plan Application All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER OF RECORD (Name as shown deed, mailing address, phone and fax #): &-^ _ yr osy(a S (vs?.) 84l - 44 SG 2. LOCATION OF LAST RECORDED DEED (Book and page #): 3 7y ZP,:. '77�, 7 3. APPLICANT (Name, mailing address, phone and fax #): C�_J-tc,- 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #): 72 �� E Lc -He,- 6-1 duo. c4, L. 50. 81(, Ur MY03 Boa) 7 -k S- in5 11 - C a. Contact e-mail address: p r-o-(-orA _ -j ec h�-i,�o �. Bawl 5. PROJECT STREET ADDRESS:. 0syo3 6. TAX PARCEL ID # (can be obtained at Assessor's Office): Ucoyo- 000la /abqd-0000G� 7. PROJECT DESCRIPTION a. General project description (explain what you want approval for): I 1 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.shurl.com Site Plan Application b. Existing Uses on rProperty (including description and size of each separate use): .^. rin r'f�a � P .. .—... . -1 1. , i /:� ! �� ....`J� � �../1.c� t •_ \ . '�-�. .. ._ c. Proposed Uses on property (include description and size of each new use and existing d. Total building square footage on property (proposed buildings and existin buildings to remain): a L f'= Z • e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement 11 and mezzanine): ­77� i"t�T- � � �-'�.i f" r—� r f "!"'�,� � a� .'� � �.�1,`i"� c-. � I4_'�"C: •� �'' �i�.{�� l c^�Ti ` ru "�c�+--L_ 5 '"�5 f. Number of residential units (if applicable,- new units and existing units to remain): g. Number of employees & company vehicles (existing and proposed, note office versus non - office employees): I �� L., V-'6&.' C-+ ��,�, a u 4-) �' : , � R.-r- 'Cs�Y �Li kyle'le-5 c.'i h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): 8. LOT COVERAGE Total Parcel Size: 325, Sq. Ft. a. Building: Existing_ % / Q` sq. ft. Proposed( Lzq,. I % / t �2 c sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing% / 0 sq. ft. Proposed Lc, % / �},:� �o sq. ft. c. Front yard (along each street) Existing_% /_ sq. ft. Proposed_ % sq. ft. t Soo' o'F -ems s?e.� 2 Site Plan Application d. Total area to be disturbed during construction (sq. ft.) * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations): $ �,�/�} - 'Te— *__f II ,c e ,,,, —4-- C! b. Landscaping: $ — L c. Other site improvements (please list with cost): 10. ESTIMATED TRAFFIC a. Average daily traffic for entire property (in and out): 60 — G-'(D b. A.M. Peak hour for entire property (in and out): 190 c. P.M. Peak hour for entire property (In and out): AP 11. PEAK HOURS OF OPERATION: 11: 30 Jr. I ' oc-) Pe-% 12. PEAK DAYS OF OPERATION: ►M�,��, }(,,, ��;Y 13. ESTIMATED PROJECT COMPLETION DATE: 14. ABUTTERS (please list all abutting landowner. Include mailing address. Also include those across a street or right-of-way. You may use a separate sheet if necessary) Vie, 4f�_�I �� , L,4 3 Site Plan Application 15. SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). 4 Site Plan Application I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT 49= �-s`M Do not write below this line DATE OF SUBMISSION: Ali PRINT NAME REVIEW AUTHORITY: ❑ Development Review Board ❑ Administrative Officer I have reviewed this site plan application and find it to be: ❑ Complete ❑ Incomplete Director of Planning & Zoning or Designee Date 5 Site Plan Application EXHIBIT A SITE PLAN The following information must be shown -on the site plan. Please submit five (5) copies and one reduced copy (11" x 17") of the site plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. o Lot drawn to scale (20 feet scale if possible) o Survey data (distance and acreage) �-VA o Contours (existing and finished) LS(A o Proposed landscaping schedule (number, variety and size) as required in Section 26.105 of the zoning regulations Ot,4 o Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping o Existing and proposed curb cuts, pavement, walkways zoning boundaries V Number and location of parking spaces (as required under Section 26.25 of the zoning regulations) Number and location of handicapped spaces (as required under Section 26.253(a) of the zoning regulations) o Location of septic tanks (if applicable) WA o Location of any easements tSIA o Lot coverage information: Building footprint, total lot, and front yard -V North arrow o Name of person or firm preparing site plan and date o Exterior lighting details (cut sheets). All lights should be down casting and shielded. 91,4 Dumpster locations (dumpsters must be screened) Bicycle rack as required under Section 26.253(b) of the zoning regulations o If Restaurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats WA APPLICATION FEE V Site Plan $ 186* ❑ Amended Site Plan $ 186* ❑ Administrative Site Plan $ 86* * Includes $11.00 recording fee 9