HomeMy WebLinkAboutSP-13-13 - Decision - 0155 Market StreetCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
MIKE COUTURE — 5 MARKET STREET
SITE PLAN APPLICATION #SP-13-13
FINDINGS OF FACT AND DECISION
Site plan application #SP-13-13 of Mike Couture to amend a previously approved plan for a 9600 sq. ft.
standard restaurant. The amendment consists of converting the building to: 1) a nightclub, and 2) a
personal instruction facility, 5 Market Street.
The Development Review Board held a public hearing on June 4, 2013. The applicant represented
himself.
Based on the plans and materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. Mike Couture, hereinafter referred to as the applicant, is seeking site plan approval to convert a
standard restaurant to a nightclub & personal instruction facility
2. The owner of record of the subject property is Lai Poon.
3. The subject property is located in the Central 1 Zoning District and in Design District 1 of the City
Center Design Review Overlay District.
4. The application was received on March 29, 2013.
5. The plan submitted is entitled "Site Plan Poon Trust, LLC 5 Market Street South Burlington, VT",
prepared by Summit Engineering, Inc.; and dated 3/19/13.
Zoning District & Dimensional Requirements
No changes to dimensions are proposed.
Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the following review
standards shall apply to site plan applications:
(a) The relationship of the proposed development to goals and objectives set forth in the City of South
Burlington Comprehensive Plan.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
#SP-13-13
This criterion will continue to be met. Nightclubs and Personal Instruction Facilities are permitted
uses in the zoning district
(b) 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.
Currently the property has 115 parking spaces, 3 of which are for handicap parking.
Table 13-2: Parking Requirements, Commercial Uses indicates a requirement of 0.5 spaces per maximum
authorized occupancy for taverns, nightclubs and private clubs. The current 115 space lot would
therefore be able to provide parking for a maximum authorized occupancy of 230 people.
The applicant anticipates a maximum occupancy of 300 people and a range of 6 to 10 employees.
The Fire Chief has not provided a determination yet on the maximum allowed capacity per Fire Safety
regulations.
Table 13-4: Parking Requirements, Public and Quasi -Public Uses indicates a requirement of 2 spaces per
maximum authorized occupancy for Personal Instruction Facility. The current 115 space lot would be
more than adequate to provide parking.
Section 13.01 of the Land Development Regulations requires that bicycle parking or storage facilities be
provided for employees, residents, and visitors to the site.
The plans detail the location of a proposed new bike rack adjacent to the rear entrance of the building.
(c) Parking shall be located to the rear or sides of buildings.
No changes are proposed to the general layout of the parking lot.
(d) 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 exterior changes are proposed to the buildings. This criterion will continue to be met.
(e) Newly installed utility service modifications necessitated by exterior alterations or building
expansions shall, to the extent feasible, be underground.
No changes are proposed. This criterion will continue to be met.
(f) The combination of common materials and architectural characteristics, landscaping, buffers,
screens, and visual interruptions to create attractive transitions between buildings or different
architectural styles shall be encouraged.
No changes are proposed. This criterion will continue to be met.
page 2 of 6
9SP-13-13
(g) 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 changes are proposed. This criterion will continue to be met.
In addition to the above general review standards, site plan applications shall meet the following specific
standards set forth in Section 14.07 of the 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 or
collector street, to provide additional access for emergency or other purposes, or to improve
general access and circulation in the area.
The reservation of land is not necessary. This criterion will continue to be met.
(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.
No new utility services are proposed. This criterion will continue to be met.
(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 plans should be revised to show the location of dumpster and recycling facilities on the site.
(c) Landscaping and screening requirements
No new landscaping is proposed. This criterion will be met.
OTHER STANDARDS:
Section 13.06((B) Snow Storage. Pursuant to Section 13.06(B), snow storage areas must be specified and
located in an area that will minimize the potential for run-off.
The plan details the location of snow storage areas. This criterion is met.
Lighting
Pursuant to Appendix A.9 of the Land Development Regulations, luminaries shall not be placed more
than 30' above ground level and the maximum illumination at ground level shall not exceed an average
of three (3) foot candles. Pursuant to Appendix A.10(b) of the Land Development Regulations, indirect
glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum, and an
average of 0.1 foot candles average.
All lighting shall be shielded and downcast.
page 3 of 6
4SP-13-13
All lighting shall be downcast and shielded. Flood lighting is expressly prohibited. Existing floodlights
shall be removed and all lighting shall be brought into compliance with the existing ordinance.
As noted above the property is located in Design District 1 of the City Center Design Review Overlay
District. The applicable regulations state in part:
11.01 City Center Design Review Overlay District CCDR
A. Purpose. A City Center Design Review Overlay District (CCDR) is hereby formed in order to
promote development of the proposed South Burlington City Center as an attractive and cohesive area in
which the citizens of South Burlington can take pride. It is the intent of this overlay district to ensure that
the design of future development is aesthetically and functionally compatible with the desired character
for this area of the City, as stated in the Comprehensive Plan. It is recognized that good design will help
create and maintain a sense of place for the community, promote its self-awareness, and strengthen the
business and civic elements of the community.
B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of
South Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
C. City Center Design Review Overlay Districts and Purpose
Statements. The CCDR Overlay District is divided into the following
three (3) sub -zones as depicted on the South Burlington Overlay
Districts Map: Design District 1, Design District 2, and Design District
3. A brief description of the location and proposed design character
of each district is provided below:
(1) Design District 1 - This area is generally located on both sides of Market Street and extends
south to San Remo Drive. This area is planned to be the core area of the City Center, with the highest
density and greatest mix of uses. It is the intent of this area is to be the main "downtown" for South
Burlington, and therefore, should uphold the highest quality of design. Building materials should
consist only of natural, indigenous materials (brick or stone) and the buildings themselves should
relate directly to the public street. They should be placed upfront on the property line and the main
entrance should face the street rather than parking lots. In addition, a pedestrian promenade shall
be provided along Market Street in order to promote pedestrian activity and provide cover from
inclement weather.
Subsection D. Activities Subject to Design Review states in part:
(g) For applications involving a change of use with no construction, relocation, enlargement
or alteration subject to review, other than a change of use pursuant to Section (2) below, the
Development Review Board may require design improvement in accordance with these
regulations to the exterior of the building, the costs of which do not exceed $7,000 or 10% of the
assessed value of the building, whichever is greater.
The Board has determined not to require design improvements pursuant to paragraph (g) of
Subsection D, of Article 11 Design Review Overlay Districts with the exception of requiring that a
fresh coat of paint of the same color be applied to the building.
page 4 of 6
#SP-13-13
DECISION
Motion by Michael Sirotkin, seconded by Tim Barritt, to approve site plan application #SP-13-13 of Mike
Couture subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in
effect.
2. This project shall be completed as shown on the plan and shall be on file in the South Burlington
Department of Planning and Zoning.
3. Prior to the issuance of a Certificate of Occupancy, the applicant shall install a fresh coat of paint of
the same color to the building prior to the issuance of a Certificate of Occupancy.
4. The building shall have a maximum occupancy of 230 persons.
5. Any exterior light fixtures which are not downcasting and shielded shall be replaced with light
fixtures in compliance with Appendix D of the Land Development Regulations prior to the issuance
of a Certificate of Occupancy.
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 use of
the newly converted building.
8. Any change to the site plan shall require approval by the South Burlington Development Review
Board or the Administrative Officer.
Tim Barritt—
yea
nay
abstain
not present
Mark Behr—
yea
nay
abstain
not present
Michael Sirotkin —
yea
nay
abstain
not present
Art Klugo —
yea
nay
abstain
not present
Bill Miller—
yea
nay
abstain
not present
The application was approved by a vote of 4 — 0 — 0
Signed this 18th day of June 2013, by
ph Digitally signed by Mark C. Behr
Mark C. BC1 1r em il= MarkC.Behr,o, ,c
email=mark@rhbpc.com, c=US
Date: 2013.06.18 18:44:40-04'00'
Mark Behr, Chair
page 5 of 6
HSP-13-13
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this
decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental
Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South
Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See
V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or
httP://vermont*udiciarV.org/GTC/environmental/defauIt.aspx for more information on filing
requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.
page 6 of 6