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DR-14-01 DR-13-05 SP-13-13 DR-11-02 - Supplemental - 0155 Market Street
April 17, 2015 Michael Couture 499 Porters Point Road Colchester, VT 05446 Re: Zoning Violation, 5 Market Street Dear Mr. Couture: It has come to my attention that you have made an alteration to the building at 5 Market Street without a zoning permit. This change involves adding a door to the rear of the building without the necessary approvals and permits. No changes can be made to a building located within a Design Review District without approval from the Development Review Board and zoning permit being issued. A search of our records reveals that no zoning permit has been issued for the installation of a new door. Design Review approval #DR-14-01 obtained on 4/18/14 expired on 10/18/14 due to the lack of obtaining a zoning permit for the work as required by condition #3 of said decision. Therefore, you must reapply for Design Review Approval as soon as possible. Should you have any questions, please feel free to contact me. SknceR1.Belair Administrative Officer Cc: Jim Barlow, City Attorney Kevin Dorn, City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com April 21, 2014 Re: #DR-14-01 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. If you have any questions, please contact me. Vynd r Belair Administrative Officer Encl. CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 6133 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 1 st day of April, 2014, a copy of the foregoing public notice for Design & review [type of application] # DR-14-01 [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) Judge Development Corp. 2 Market Street So. Burlington, VT 05403 Munson Co. 85 Shunpike Road Williston, VT 05495 Neville Companies Inc. 30 Kimball Ave So. Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 Dated at So. Burlington [town/city], Vermont, this 1st day of April, 2014. Printed Name: Michael Couture Phone number and email: 802-310-3261gmcc2002@aol.com burlington@rentawreck.com Signature: Date: 4/1/14 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 Scut ;D a kliKo t PLANNING & ZONING Permit Number DR-Iq -- 01 '(office use only) APPLICATION FOR DESIGN REVIEW (NON -SIGN) 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 plans will result in your application being rejected and a delay in the review before the Design Review Committee and Development Review Board. For amendments, please provide pertinent information only. 1) QER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax#) � \703�- �4_c 15bq Essexl� L jm1 si m. VT osL495- 2) APPLICANT (Name, mailing address, phone and fax #) 6 b Z. 3 )o 37-fo k 3) CONTACT PERSOTO am ,mailing address, phone and fax#) 'C� %CkF (ap\ C V_P-`sNs, C-Jcy' p6AA tr> su> 3 o 3z&, f 3a) CONTACT EMAIL ADDRESS S'Z1 2CX�Z ®� bL. Cpt^n 4) PROJECT STREET ADDRESS: 5) TAX PARCEL ID # (can be obtained at Assessor's Office) 6) PROJECT DESCRIPTION a) General project description (explain what you want approval for): (--�2 17i P.�►-- 9) PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Land Development Regulations. Five (5) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com copy of the plans must be submitted. The application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. 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. SIGNATURE OF APPLICANT z-�- SIGNATURE OF PROPERTY OWNE Do not write below this line DATE OF SUBMISSION: � /�q//V I have reviewed this sketch plan application and find it to be: n 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. Design Review Application Form. Rev. 12-2011 a a i IM _ / rm 0 an jr- owl r c L y5 All' \ P-h 16' CNP 1- 295.2' N South Bud/ngton Redly Aasoe. Refrence Plots. 1. Torporofe Code Praperty Plot' by Webstr-Morth, Ina Consulting Engines doted Sept. 81, lost revised 27 Noy 92. recorded rot. 286, p9. A. 2. Txtr Piece S/fe Plan' by Cfepatrick-U-11)n Incorpo OW dated Feb. 1991. —orded rot. 286, pg. 38. 3 Trparate C&de Sits Plan' by W bstar-North, Ina Cm-10-9 Enght—,, doted Sept '81. recorded vol. 173 of ploe4 pg H. e. 'ALTA/ACSN Land 8t/e S—y for Dorset Square Assoc/ates' by Rttpatdok-Uewellyn Inc, doted Aug. 23, 1990. 5. ALTA/AGSM Lend Rtle Surrey' prepared for Dem-f Squore M,ochtx by NorthLmd Smroys M doted 9-10-01, recordedrob 49S pg. 72. \ \ N South Budh9tm Redty Am= \ 11 1 I \ 1 wfDd flea - 1 AO -1 fed LIr- L Aeon Pr eL Plot No 1 Hinesburg Rood I GRAPHIC SCALE ( IN TEST ) 1 Inch = 30 fL Location Ma Jamd Property Lb. ------- Adbcmt Property Lhe Wooden F ro E/srot/m Cant— ® Nbtr Valor Fke NyJrd Concrete Nmummt Q. Amblo D/sk p Point Of Ion cy 0 Llpht Pole ® catch Beet, OG Gas Ndw o Nonhde Temporooy --et, Nark jj jf a�1 C-If s T s/V-ba ® Snow Storage 7h1, Is a correct au y to the best of my knowledge, bawd Open My of South 8ud/n9tw land records de f m IDN totd Station Field as y perf sd in Arne, 2012. It la noted Mot no site oneernmt of ho,ord-, or ofhr —to motria/s has been per/ ed and SOmmlf Eng/neerh% Inc take, no reap—Mly M my matedo/a w cand/tiros -IM may e,ht . fh/s a!!e. the berhga Morn on the p,4.y o,t/e Ihx m thls pl. are ro'ated to 0 mognetk berh9 end aro xbr6ct to Mange w/th-t nonce, 7be bearhg, we Mom .ly oe on old h detarmhh9 the mgu/or rW ttwMja beteee, ro fws lines d hould not be uxd - the Sde detrmtnotlm of opp—t Summit En9her/ng, /na Aa or od.4— that lot I= xf forth hreon be kid out h the 8dd by a Ik--d /end —yor ,Hk to reff— there. for —In, 1- or any ofhr pvrpox. Underground 0016 s Mown are oppros/mate only mtl sere depleted ham Sur/oro Iml—a /oaoted mtl ref — plans. No Ixux related to rorM9 ore addmm,d by this plot. fire is a d/eo eo-cy bet— the deeded property d-.*tiro and fhof Mom reference plot no. I mOordod /n the City Land Record. Both re Mown w "fed. RECEIVED MAR 2 g 2Q13 S( City of So. Burlington BEG I SUMMIT ENGINEERING, INC 6�I Erg— S—,-. Planners • Landscape Araheecfs LDY 1233 Shelburne Road C2 sc4hr South Burlington, Vf 05403 1w=30' (802) 658-5558 0-r Of Record Pawn T at UC Volume 780. Poge 728.729 SITE PLAN oA77- 3/19/73 ORANVO NO. POON TRUST, LLC. S1 RRO CT NO 5 MARKET SOUTH BURUNGTONTVT © 8222 r 1 �� southhurtington PLANNING & ZONING January 14, 2014 Re: #DR-13-05 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. If you have any questions, please contact me. Since f a and J. Belair Administrative Officer Encl. CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 5853 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com Mike Couture, 5 Market Street Agenda Item #2 Design Review Application #DR-13-05 MEMORANDUM TO: South Burlington Development Review Board FROM: Ray Belair, Administrative Officer, and Planner Temporary Assignment Lee Krohn, AICP RE: Couture, Master Sign Permit DATE: January 3, 2014 Staff has prepared a draft decision in this case and staff recommends the Board close the hearing. Mike Couture, 5 Market Street Agenda Item #2 Design Review Application #DR-13-05 MEMORANDUM TO: South Burlington Development Review Board FROM: Ray Belair, Administrative Officer, and Planner Temporary Assignment Lee Krohn, AICP RE: Couture, Master Sign Permit DATE: December 10, 2013 Please note that while Staff have prepared a draft decision in this case, which appears to conform, staff recommends the Board continue the hearing to another meeting in order to allow sufficient time for the applicant to post his placard on the property for public notice under applicable state statute. That said, would it not make sense to encourage/require the applicant to use energy efficient bulbs in the existing, recessed soffit light fixtures (ie, compact fluorescent or LED, rather than incandescent, as proposed)? This is an easy task with a single, up front cost that yields energy and cost saving benefits every day. Page 1 of 1 ray From: Gmcc2002(mike Couture) [gmcc2002@aol.com] Sent: Thursday, November 14, 2013 11:44 AM To: ray Attachments: 20131114_113344.jpg; 20131114_113331.jpg; 20131114_113313.jpg Hi Ray, Here is description of bulbs for signs Road sign— 10-40 watt T 12s phillip energy efficient bulbs. Building sign— 3 —40 watt phillip energy efficient bulbs. If you need anymore info please email me back -Thanks mike. Sent from my Samsung Galaxy S®4 11/14/2013 a RR AIggj ►W, south b7-a-A-1i. PLANNING & ZONING Permit Number DR- (office use only) APPLICATION FOR MASTER SIGNAGE PERMIT / SIGN DESIGN REVIEW PERMIT 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 plans will result in your application being rejected and a delay in the review before the Design Review Committee and Development Review Board. Application for: ❑ In tial Master Signage Permit after June 3, 2002 la'Amendment of Master Signage Permit ❑ Individual Sign, pursuant to Master Signage Permit #DR 1) OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax#) 4- �,,+b("» 15 �-' 4-SSe4- .n ,,\<SJa L,-r C$uCr. 2) LOCATION OF LAST RECORDED DEED(S) (Book and page #) 3) APPLICANT (Name, mailing address, phone and fax #) . M L-1 Ci ni 1-t3 r A tC G 1 C \n e S� c v- i 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) 5) CONTACT PERSON (Name, mailing address, phone and fax #) y- , v, ,e r c _ ,t v 5a) CONTACT EMAIL ADDRESS C=, yNn L a 6 c- --�2 Q C .` C e +ten 6) PROJECT STREET ADDRESS: .-- th0A h 2 v t I, ti, S,i u-,L, i c-, s, y 7) TAX PARCEL ID # (can be obtained at Assessor's Office) A� S7S Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 8) PROJECT DESCRIPTION a) General project description (explain what you want approval for): 14) PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Sign Ordinance. Five (5) regular size copies, one reduced copy (I I" x 17"), and one digital (PDF-format) copy of the plans must be submitted. The application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. 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. M% C. t- e -A- -S C O k-J-} J r L SIGNATURE OF APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this sketch plan application and find it to be: la Complete ❑ Incomplete inistrative Officer ate 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, Master Signage Permit Form. Rev. 12-2011 ray From: ray Sent: Wednesday, November 20, 2013 1:58 PM To: Gmcc2002(mike Couture) Subject: Placard Ready - 5 Market Street Hi Mike, Your application will be reviewed by the DRB on December 17th. Please stop by the office to pick up the placard which must be displayed on the property by December 6th. 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. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. No Text 1 M, 12' Wall frontage measures 10' x 121'= 1210 sq. ft. We are allowed 60.5 sq.ft with Freestanding sign as well. We are only asking for the wall sign to be 4'x 12'= 48 sq. ft. 8'X 4' Seeking approval for color change only to exsisting freestanding sign Opaque Black with Light Shining through Name &V Only CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 5th day of December, 2013, a copy of the foregoing public notice for Master signage permit # dr13-05, 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: Judge Development 2 Market St So. Burlington, VT 05403 Munson 85 Shunpike Rd Williston, VT 05495 Neville Companies 30 Kimball Ave So. Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 (d Dated at &�. [town/city], Vermont, this day of 20 [ Printed Name: M�C�C7GZQ` CQUA(a2, Phone number and email: 80Z- 31�Zto t Gm cc 2� 7�_ � ALA L . c tam 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 I I City of South Burlington City Clerk's Office o,E SEED Donna Kinville, City Clerk ► ry r5i FIRST. SECOND CLASS AND CABARET LICENSE APPLICATION FULL NAME OF PERSON, PARTNERSHIP, CORPORATION �l I k . 4 . s DOING BUSINESS AS/ TRADENAME 'rn ADDRESS FIRST CLASS SECOND CLASS CABARET DATE RECEIVED BY CLERK'S OFFICE 1 / SO. BURLINGTON POLICE DEPT 6(', I�C�Iv� 6 ,�iaoy �,� /c/171-7 'ion-Pn S. ld�06 Chief TrevofPS. Whipple SO. BURLINGTON FIRE DEP' 0 SO. BURLINGTON TAX DEPT Date Dat 7AW�21/Zz-r Martha Lyons, Deputly, Tax Collector Date sent to Montpelier: 575 Dorset Street South Burlington, VT 05403 802-846-4105 dkinville@sburl.com From: gmcc2002 [mailto:gmcc2002@aol.com] Sent: Thursday, October 17, 2013 12:36 PM To: Trevor Whipple Subject: Re: Trevor Whipple address It was a pleasure meeting with you this morning, and we look forward to working with you and your department in the future. We understand that with an occupancy permit for 607 patrons for our nightclub you have concerns which we talked about this morning. Below are a few items which were discussed: - Venue has purchased a highly state of the art ID scanner which will be located at the entrance to the building where patrons will enter. There will be at least seven to eight trained security staff stationed throughout the nightclub area. These individuals will have walkie talkies and will be in constant contact with each other at all times, In addition, the bartenders at each bar will have a walkie talkie and will be able to communicate with both security and senior manager(s). As discussed if we do have a major event we will have additional security staff for these event(s) as needed, and of course if we need additional security personnel once we open we will hire more security. There will be at least one of the three partners of Venue on the premises each night the Club is open. A security system has been installed, and 24 security cameras will be situated both inside of the building as well as covering the exterior front and back areas of the building. Security personnel will be sweeping the front parking area as well as the area(s) on the sides and back of the building. We will be working with local taxi company to have cabs available each night that we are open. Evacuation procedures approved by both Vermont and South Burlington Fire Marshall(s) will be implemented in case the building needs to be evacuated due to fire or other emergency. The City of South Burlington has advised us that they will grant an occupancy permit for 230 which we do plan to contest these numbers, as we feel this is unreasonable number based on the 118 parking spots and the 10,000 sq ft building -Again the fire marshal has approved 607. As discussed, we welcome any input regarding any items of concern and look forward to working with you and your department. Contact names Mike Couture 802-310-3261 Kevin Niquette 802-338-2165 Carolyn Jones 301-602-9811 SOUTH BURLINGTON POLICE DEPARTMENT COMPLAINT SUPPLEMENT COMPLAINT NO. PAGE NO. 13SBO15779 1 One of the duties performed as the Chief of Police for the City of South Burlington is to sign off on Liquor License applications. During mid -October I was asked to sign off on a permit for the Venue nightclub being proposed at 5 Market Street in South Burlington, Vermont. The proposal was for a large music club / bar in what had been a building housing a restaurant. In conversations with the Fire Chief I learned that there had been many challenges working with owners of the proposed night club to meet fire codes. Ultimately the codes were met and clearance was given by the Fire Marshall. On October 16, 2013 Sergeant Andy Chaulk and I met with all three owners of the Venue at their proposed business location (Mike Couture, Kevin Niquette and Carolyn Jones). They offered a tour and provided an overview of how they would conduct their business. The South Burlington Police Department has previously worked with a large night club. Sgt Chaulk and I shared our concerns and requests so that their business would be successful while not being a burden on police services in the community. After the meeting, at my request, the owner transmitted a list of understandings via email. I indicated that this needed to be in my hands before I would sign off on the liquor license application. I was particularly interested in seeing that the owners understood that despite a fire occupancy clearance of 607 people that the city zoning department only authorized a capacity of 230 people. I explained to all three owners that the zoning occupancy was the actual occupancy and that they were expected to follow that authorization. This was included in the list of understandings as noted below. *Begin copy of email message from Mike Couture From. gmcc2002 fmailto.gmcc2002@aol.com] Sent. • Thursday, October 17, 201312:36 PM To. Trevor Whipple Subject., Re., Trevor Whipple address It was a pleasure meeting with you this morning, and we look forward to working with you and your department in the future. We understand that with an occupancy permit for 607 patrons for our nightclub you have concerns which we talked about this morning. Below are a few items which were discussed: Venue has purchased a highly state of the art ID scanner which will be located at the entrance to the building where patrons will enter. There will be at least seven to eight trained security staff stationed throughout the nightclub area. These individuals will have walkie talkies and will be in constant contact with each other at all times, In addition, the bartenders at each bar will have a walkie talkie and will be able to communicate with both security and senior manager(s). As discussed if we do have a major event we will have additional security staff for these event(s) as needed, and of course if we need additional security personnel once we open we will hire more security. Trevor S. Whipple, Chief of Police November 6, 2013 SOUTH BURLINGTON POLICE DEPARTMENT COMPLAINT SUPPLEMENT COMPLAINT NO. PAGE NO. 13SBO15779 2 There will be at least one of the three partners of Venue on the premises each night the Club is open A security system has been installed, and 24 security cameras will be situated both inside of the building as well as covering the exterior front and back areas of the building. Security personnel will be sweeping the front parking area as well as the area(s) on the sides and back of the building. We will be working with local taxi company to have cabs available each night that we are open Evacuation procedures approved by both Vermont and South Burlington Fire Marshall(s) will be implemented in case the building needs to be evacuated due to fire or other emergency. The City of South Burlington has advised us that they will grant an occupancy permit for 230 which we do plan to contest these numbers, as we feel this is unreasonable number based on the 118 parking spots and the 10, 000 sq ft building -Again the fire marshal has approved 607. As discussed, we welcome any input regarding any items of concern and look forward to working with you and your department. Contact names Mike Couture 802-310-3261 Kevin Niquette 802-338-2165 Carolyn Jones 301-602-9811 "End copy of email message from Mike Couture As the department prepared for the opening of the Venue, scheduled for Friday, November 1, 2013 1 reviewed their Facebook page. The posting below was located. The City of South Burlington has an ordinance in place that addresses public indecency and public nudity. Based upon the photograph and description advertising the "Exotic Male Review" for November 15, 2013 1 was concerned that the club might be poised to violate the ordinance. On November 1, 2013 at approximately 19:30 1 went the Venue and met with all three owners. I expressed my concern about the show scheduled for November 15 and hand delivered a copy of the Public Indecency Ordinance. They seemed surprised and indicated that they were unaware of such an ordinance. I impressed upon them that we would enforce the ordinance and requested their compliance. Carolyn Jones took the ordinance and told me that it would be shared with those putting on the show. *Begin Facebook posting copied on 11 /01 /2013 Trevor S. Whipple, Chief of Police November 6, 2013 SOUTH BURLINGTON POLICE DEPARTMENT COMPLAINT SUPPLEMENT COMPLAINT NO. 13SBO15779 ATTN: lam: MALE EXOTIC ENTERTAINMENT at nightclub "Venue" ( ) Eddav, NUVemb tS, 101'J... ( 90mpm un:l12.11lam meat wmn 1�� tADIEs, malting o —t apadal rexom a tatalty dehnaus expenmrce has nave, been eager. The TALENTED 5 SETT NICE EXOTIC DANCERS are Ne PERFECT addldon to Wm GIRLS NIGHT OW. Whatever the occaslom, let the male dancers Maybe (46) hap Yaa SPICE U UPI The EXOTIC DANCERS a,a Wanted Vounq muswlar men who pm,de an EXCELLENT MALE REVUE SHOW. Imrind (JM1) +ea Mme �G f.Ull"11� " ® vvvxm I , *End copy of Facebook posting I save-1In seea C. s maknl* ce i Y. Mm.vNmmv cn snag xmm E1RraxnY Ycmud rRliv ` d ,p Vemgmnm nave ! NV swered by UR .G+t Sn,nd TOE .'mrts.mms� PAGE NO. 3 V It was my intent to work until midnight on November 1 so that I would be able to check in on the Venue and make sure that things were operating smoothly. While checking in with the club at approximately 2200 hours I asked the door security person what his occupancy count was. He looked at the counter and told me that they had 270 people in the building. I informed him that this was a violation of the occupancy permit issued by the city zoning department. He indicated that he was aware but that the owners were appealing the permit. No attempts were made to stop admittance or to remove anyone from the building. The following are my personal observations. Many lack specific details such as names of those involved and exact times as the issues seemed to be occurring rapidly and needed to be quickly diffused and did not allow for detailed documentation: • As I continued to check the building and area during the night it became increasingly more obvious that the club was over capacity per zoning requirements. The parking lot was overflowed with vehicles parked along the entrance road, driveway to the rear of the building, the lawn, roadway green space and in parking lots to adjacent businesses. This was reported to Terry Francis the Fire Marshall. A discussion in advance with city officials ended in a decision that if a zoning capacity violation occurred it would be reported to the zoning department on the next business day. If a fire capacity occurred it would be reported to the Fire Marshall for immediate action. Trevor S. Whipple, Chief of Police November 6, 2013 v 1 1 SOUTH BURLINGTON POLICE DEPARTMENT COMPLAINT SUPPLEMENT COMPLAINT NO. PAGE NO. 13SBO15779 4 • At midnight I again approached the door security person and inquired of the building occupancy. I was told that the in counter registered 572 and the out counter registered 90, giving a current occupancy of 462. When I went in the building it appeared to me that there were fewer people present than when I checked at 2200 hours and was told that 270 were present. The staff were unable to determine if the count was accurate but indicated the visual difference might be due to many people being out in the smoking area yet still counted on the building occupancy. • I observed a male exit the club who was very unsteady on his feet. He walked to the edge of the walkway unzipped his pants and began to urinate in the open public. A door security person went to his side and told him that he could not urinate in the front of the building. The male ignored the security person and made no attempts to shield himself from public view. The male ultimately became very uncooperative and had to be taken in to protective custody by Deputy Chief Edwards. • At one point I was approached by a door security person who told me that some of the other security people needed assistance with a domestic situation. I noted that a man and a woman were being escorted down the walkway to the parking lot. The woman was obviously intoxicated and was slapping at the male. The security men were unable to make her stop. I stepped in front of the female and told her that she could either have a seat on the curb or that I would take her in to protective custody and that should could end up in jail for the night. She took a seat as the security men arranged for a cab. • At another point I heard a commotion and noted that two security men were escorting an obviously intoxicated male from the club. They were being followed by a woman who said she was the male's girlfriend and would give the man a ride home. The woman appeared sober and said she had not been drinking because she was pregnant. The security men walked the male to their vehicle in a parking lot located beside the Blue Mall. The male continued to be uncooperative and kept trying to get out of the vehicle. The female then recalled that her jacket and keys were back in the club. The two security men were needed to maintain control of the intoxicated male but didn't want the woman walking alone in the dark. They summoned a third security person to escort her. Although commendable and the appropriate action this one event took three security personnel from the club and out of sight to the adjoining property. The intoxicated male continued to be unruly and had to be taken in to protective custody by Deputy Chief Edwards. • I observed one woman helping a second leave the club. The first woman was having difficulty standing. They walked past door security men. The apparently intoxicated woman went just outside the door and sat on a planter. After a short time she was helped back in to the club by the same woman. I could see from across the parking lot that the first woman was unable to walk without assistance yet she was walked by door security men twice, the second time re-entering the club without any intervention. Trevor S. Whipple, Chief of Police November 6, 2013 SOUTH BURLINGTON POLICE DEPARTMENT COMPLAINT SUPPLEMENT COMPLAINT NO. PAGE NO. 13SBO15779 5 • At one point in the night there were three obviously intoxicated people at the end of the walkway in front of the club. (The male who had been urinating, the woman who was slapping at the male, and another intoxicated male waiting for a cab). I instructed one of the door security men to summon the owner, Mike, to this area so that I could speak with him. Once he arrived I asked him to look around and to note the three intoxicated people who had come from his club. I did not want him to later deny that there had been any problems. He surveyed the parking lot but made no comment. I told him that things were out of control and that he needed to get a handle on things. At this point he stationed himself directly in the walkway leaving the club. He personally greeted everyone leaving to ask if they were ok or if they needed a cab. Several cabs were summoned but their arrival was sporadic and slow. • As I watched the front of the building I was able to see the activity in the smoking area. This area is directly adjacent to the main entry. Patrons are allowed to leave the club to smoke but were told they had to stay in the cordoned off area. There was little supervision of this area as the security men watching the smoking area also seemed to be screening those entering the club. On at least two occasions I saw people leave the area, go to their vehicles and then return to the smoking area. Although I did not see it happen a concern of mine is that an underage person could blend in with the smokers and then enter the club with door security believing they were already screened. • In the initial walk through with club owners I was told that a security person would monitor the game room. I expressed concern because it is a back room with no visibility from the main floor or staffed bars. On November 1 during several trips in to the club I did not see anyone monitoring this area. At the end of the night Deputy Chief Edwards reported to me that one of the security people advised him that used hypodermic needles were found in the game room. During the night Deputy Chief Edwards and I regularly interacted with the staff working at the club. Each time they were receptive and professional. Owners were responsive when we asked for assistance but prior to our insistence did not seem to realize that intoxicated individuals in, and leaving their establishment, were a problem. The level of resources required from the police department on November 1st is not sustainable. I am not certain if staffing levels were too low, training was lacking or what the cause of the issues was but management must take measures to prevent over serving, monitor patrons and control activities in the parking lot. It is also expected that they will abide by the capacity and other ordinance requirements set by the City of South Burlington Zoning Department. Trevor S. Whipple, Chief of Police November 6, 2013 June 20, 2013 Re: #SP-13-13 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) mnnthc If you have any questions, please contact me. Sincerely /akdd J. Belay Administrative Officer Encl. CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 5372 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.corn NEVILLE COMPANIES Commercial & Investment Real Estate May 30, 2013 South Burlington Development Review Board 575 Dorset Street South Burlington VT 05403 Re: Mike Couture Preliminary Plan Application #SP13-13 Dear Ladies and Gentlemen: RECEIVED MAY 3 1 2013 City of So. Burlington Our office represents Dorset Square Associates, the owner of the "Blue Mall" at 150 Dorset Street South Burlington. My client objects to the conversion of the building at 5 Market Place to a nightclub and personal instruction facility. It is my client's position that this change of use will be detrimental to the shopping center, its tenants and the City. Our concern is noise that may be generated by such use, possible vandalism that may occur and late night activities that may result from the use as a nightclub. The current use of the property as a restaurant fit in with the neighborhood and adjoining properties. There are always concerns when a nightclub is located near city schools as this will be with the close proximity to Central School as well. We will also be in attendance at the June 4th meeting to discuss further. Very truly y rs, Karleig cF dden, Property Manager Neville Companies, Managing Agent for Dorset Square Associates 30 Kimball Avenue, Suite 101 • South Burlington, VT 05403 • Ph:802-862-0208 9 Fx:802-860-6628 05/28/2013 Cozy of South Burlington Grand List Page 1 of 1 01:18 pm Parcel Report ray For Parcel: 0450-00005. POON TRUST LLC Name POON TRUST LLC 5 MARKET ST S BURLINGTON VT 05403 Location 911 5 MARKET ST Tax Map 21-017-000 Desc. 2A, RESTRAUNT Codes: (1) (Category)C (Equipment) (Owner)C Wood Crop Pasture Other Site Total Acres: 0.00 0.00 0.00 0.00 0.00 2.00 Real Land Building Equipment Inventory Values: 858,200 460,000 398,200 0 0 Homestead Veterans Farm Stab. L.U. Acres Land Use 0 0.00 0.00 0.00 0.00 Contract Lease Prev. Eqpm Land Use Amt Prev. Real 0 0.00 0 0.00 858,200 Housesite Special Exmp Grand List 0.00 0.00 8,582.00 Misc: Status: T Bill #: 54828 Updated: 05/22/2013 Last sale was: Invalid on 04/23/2007 for $0 recorded on 780/728 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 150073000 (7): POSSIBLE TIFF PARCEL (8) : N (9): 06/16/00 SPAN: 600-188-14367 pd�k�3 �i south-rot�ltl PLANNING & ZONING Permit Number SP- - (office use only) APPLICATION FOR SITE PLAN REVIEW ❑ Administrative ❑ 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. OF RECORD (Name(s) as shown on deed, mailing C\AI. 02. -2,�Z_ 29 12 . /CI [ r,,IeL J-f, 2. LOCATION OF LAST RECORDED DEED(S) (Book and page ft 3. APPLICANT (Name, mailing address, phone and fax #): `i 9 11 'P6 rA e c S 04 >2 r 61 C_ In es-t- t r v i r". S `1-4 %am SfG .) i�-1 fax ft os�fD3 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #): M t" e ParP+ P,L C b C In P S 3 e yr 1/ l b S -% -► 1v r_ � (� � 3� 5 4a. CONTACT EMAIL ADDRESS:: e(►ti LTA _ VQ '(X� •co rY l 5. PROJECT STREET ADDRESS: �•� ,g r u �. } i�i -t cam, ,�� 6. TAX PARCEL ID # (can be obtained at Assessor's Office): 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com E 7. PROJECT DESCRIPTION a. General project description (explain what you want approval for): b. Existing Uses on Property (including description and size of each separate use): c. Proposed Uses on pr�A-AhtcwA erty (include descriptio�76::Z f each new use and uses to remain): Gn 4 d. Total building square footage on property (proposed buildings and existing buildings to remain): G 1. be) Sq -CP t i e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): e r A t_ �� �.�: , i t S A w� k�� s a o 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 Overlay Districts are applicable): Site Plan Application Form. Rev. 12-2011 (, y� C8 ) LOT COVERAGE Total Parcel Size: .0 A.1 .,. Sq. Ft. a. Building: Existing % / "'A sq. ft. Proposed % / sq. ft. verall impervious coverage (building, parking, outside storage, etc) IIJJ Existing % / _ Proposed % / sq. ft. U. ront yar long a eet) d. Total area to be disturbed during construction (sq. ft.) J A p p 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): 36 b. Landscaping: $A S 6 b ° c. Other site improvements (please list with cost): e a 10. ESTIMATED TRAFFIC a. P.M. Peak hour for entire property (In and out): q 13 0 P m - 11. PEAK HOURS OF OPERATION: Q ' 3 0 P rh 1.2. PEAK DAYS OF OPERATION: _\ h, : G A -1- 13. ESTIMATED PROJECT COMPLETION DATE: v v. �_ - s" 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 (I I " 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 pl n application in accordance with the city's fee schedule. 40 Administrative site plan applications require three (3) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy. 3 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. SIGNATURE OF APPLICANT Lt� (dzl� � " Oo�� GNATURE OF PROPERTY OWNER Do not write below this line PRINT NAME DATE OF SUBMISSION: REVIEW AUTHORITY: P Development Review Board ❑ Administrative Officer I have reviewed 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. Sde Plan Application Form. Rev. 12-2011 June 4. 2013 APPROVAL FOR CHANGE IN USE PROPERTY LOCATED AT 5 MARKET STREET SOUTH BURLNGTON. Jenue opened in 2010, with the main goal of tocusing on events, local music, DJ's, and sponsoring :parity events. Venue has raised well over 25.000.00 for some of the following; The American Cancer Society, Hurricane Relief efforts, Franklin County Animal Relief and Calcutta's for individuals with special need::. We wish to address the foliowing. • NOISE We plan to be open Thursday Friday and Saturday evenings. The cafe will open at 6PM with entertainment beginning at approximately 9:30PM until closing. • SECURI-ry Venue was well known for our security and the safety of our establishment for the past two and one half years at our former location. We plan on continuing to ensure the security and safety of our customers with more camera systems, with well -trained security personnel, and parking enforcement. We will also continue to work with South Burlington Police Department whom we have already been in contact with. We will also have a nightly manager on staff. • PARKING We will be highly focusing on information on carpooling as we have found in the past that many patrons come in one vehicle as a group. In addition we will be working with local taxi service- and have a plan for implementing a Venue Shuttle service for pick up and drop off location-, within a determined mile radius, within the downtown area. + ABUTTING PROPERTIES We will do everything in our power to run a clean, well maintained establishment and work with fellow businesses to ensure we will fit in and enhance local businesses and the area. We have reached out to business owners "Blue Mall Complex" and have received great feedback and have also had them sign in support of Venue. • CITY SCHOOLS As stated above the cafe will be open from 6PM with entertainment starting at approximately 9:3013M. We feel this will not interfere with any schools in the area. Respectfully, ;Mike Couture Owner — Rent -A -Wreck and U-Haul Of South Burlington Kevin Niquette Owner- The Vinyl Answer 3� CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this day of 1(hW , 20-0, a copy of the foregoing public notice for a.A [type of applicatio ] # 3 - [application number], was sent by U.S. mail, po tage 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) m e r- �i down - Kc- l et-` h rn CTad d�� ,3U0 CI jy) a.Ve(IL -D Q-'qd 6 q Mt1 +- are 4- S� ry-� -JU d9Q a ffY,\r lcc4 6 fre la74 sb. 3urte�IrA`b/jiq-� c6rq63 5 6 0*Y) r\-�u Q•v fpsk a. (22cN4-�,J) Dated at [town/city], Vermont, this day of , 20. Printed Name: v �� Phone number and email: D - Signature: Date: f -�) -2 , -2 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 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 local 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 be reached at (802) 846-4106 or at City of South Burlington, Department of Planning & Zoning, 575 Dorset Street, South Burlington, VT 05403. Approved for Distribution by South Burlington Department of Planning & Zoning l Page 1 of 1 ray From: John Jaeger [John@southburlingtonrealty.com] Sent: Friday, May 17, 2013 4:17 PM To: ray Cc: Paul Conner Subject: Chinese Night Club ??? Attachments: Orchid Notice 17 May 2013.PDF Hi Ray, On Tuesday afternoon I got a call from a woman who said she wanted to deliver to me a legal notice about a development proposal on Market St, and needed me to sign that I received it. When she arrived, she wanted me to sign what appeared to be the typical boilerplate cover page to a notice, referring to the "attached notice" or some such, but there was nothing else with it and I told her I didn't feel it served any purpose for me to sign the piece of paper she had which contained absolutely nothing about the applicant or proposal. She professed to know little about this stuff, said had been handed the thing by one of her partners, and promised to return the next day with the proper notice. The attached is what she left yesterday. I send this to you for the purpose of (a) documenting that South Burlington Realty on behalf of South Burlington City Center, LLC, has not received what I feel is proper notice of anything on Market Street, (b) to help you appreciate how unequipped some layperson applicants are to deal with the various requirements which may seem elementary to you or me, and (c) to offer my opinion that if the City is trying to shift the work of abutter notification to applicants instead of just having them provide stamped envelopes etc, that concept may not be such a good idea. I include Paul in this email because I realize this likely is not an issue of your making, Ray, but a Planning & Zoning Department policy issue, and I feel it's an important one. Thanks! John John G. Jaeger South Burlington Realty Company P.O. Box 2204 South Burlington, Vermont 05407 Office: 802 863-9039 Cell: 802 343-1919 Fax: 802 865-9125 5/20/2013 Agenda #4 southburlinoon PLANNING & ZONING MEMORANDUM TO: South Burlington Development Review Board FROM: Raymond J. Belair, Administrative Officer 9t Dan Albrecht, Planner, Temporary Assignment MEETING DATE: May 21, 2013 CC: Mike Couture, Applicant RE: Agenda Item #4 #SP-13-13 5 Market Street Site Plan Application #SP-13-13 5 Market Street 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Mike Couture, hereinafter referred to as the applicant, is seeking site plan approval to convert a standard restaurant to a nightclub & personal instruction facility COMMENTS Administrative Officer Ray Belair and Dan Albrecht, Planner, Temporary Assignment, referred to herein as Staff, have reviewed the plans submitted on March 29, 2013 and have the following comments. The project consists of converting a standard restaurant to a nightclub & personal instruction facility. In addition to compliance with Site Plan regulations, the application is also subject to Design Review as it is located in Design District 1 of the City Center Design Review Overlay District. 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. 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. page 2of5 1. Staff recommends that the applicant first contact the South Burlington Fire Chief to determine the maximum occupancy allowed per Fire Safety regulations. 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. (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. Staff feels that 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). 2. The plans should be revised to show the location of dumpster and recycling facilities on the site. page 3 of 5 (d) 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 plans detail 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. 3. All lighting shall be downcast and shielded. Flood lighting is expressly prohibited. Existing flood lights 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. page 4 of 5 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 up front 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. 4. The Board should discuss whether to require design improvements pursuant to paragraph (g) of Subsection D, of Article 11 Design Review Overlay Districts. RECOMMENDATION Staff recommends that the applicant address the numbered items in the "Comments Section" of this document before the Board closes the hearing. page 5 of 5 Agenda #5 ��,��m south PLANNING & ZONING MEMORANDUM TO: South Burlington Development Review Board FROM; Raymond J. Belair, Administrative Officer Dan Albrecht, Planner, Temporary Assignment MEETING DATE. May 21, 2013 CC: Mike Couture, Applicant RE. Agenda Item #4 #SP-13-13 5 Market Street Site Plan Application #SP-13-13 5 Market Street Insert map here Site plan application of Mike Couture to convert a standard restaurant to a nightclub & personal instruction facility 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Administrative Officer Ray Belair and Dan Albrecht, Planner, Temporary Assignment, referred to herein as Staff, have reviewed the plans submitted on March 29, 2013 and have the following comments. The project consists of converting a standard restaurant to a nightclub & personal instruction facility. In addition to compliance with Site Plan regulations, the application is also subject to Design Review as it is located in Design District 1 of the City Center Design Review Overlay District. 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, 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. page 2 of 5 Staff recommends that the applicant first contact the South Burlington Fire Chief to determine the maximum occupancy allowed per Fire Safety regulations. 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. (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. Staff feels that 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. page 3 of 5 (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), 2. The plans should be revised to show the location of dumpster and recycling facilities on the site. (d) 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 plans detail the location of snow storage areas. This criterion is met. Section 13.07(A) Lighting, Pursuant to Section 13.07(A), all exterior lighting shall be shielded and downcasting to prevent light from spilling onto adjacent properties and rights -of - way. 3. All lighting on the property shall comply with the standards set forth in the South Burlington Land Development Regulations. 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 Over/ay 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 page 4 of 5 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 up front 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 in volving 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 10916 of the assessed value of the building, whichever is greater. 4. The Board should discuss whether to require design improvements pursuant to paragraph (g) of Subsection D, of Article 11 Design Review Overlay Districts. Staff recommends that the applicant address the numbered items in the "Comments Section" of this document before closing the hearing. page 5 of 5 \ Poste �Y�,� 18' CMP M. 295.2' N/F South Bud/ngtm Redty Assoc. Hinesburg Road I GRAPHIC SCALE ( IN P7:Ef ) I Inch = 30 It. r Rehrence Plats: 1. 'Corporate Ckc/e Property Plot' by W.bslw-Martin. Inc. Conwlting En94neen, doted Sept. '8I, loaf —Med 27 May '92. recorded wl. 286, p9. JR 2. 'Cmfw Plan Site Plan' by Fitzpatrick-Llowoh h Inrorporoted, doted Feb. 1991. recorded rf. 2W, pg. JB. J. 'Corporate Ckd. Site Plan' by Webster -Month,, Inc. CmwitM9 Engineers, doted Sept. '61, rocorded W. 173 of Ilona pg. 44. 4. 'ALTAIACSM Lord Tit/e Survey to, Dorset Square Asaoclofes' by Fi(zpatrint-Llewellyn foc., dated Auq. 2J, 1990. S 'ALTA/AGSM Lond TTt/e Survey' prepared far Don et Squoro Aaaoc/ate. by N-t.Land Surveyors, PC, doled 9-10-01, renrdsd rot. 495. pg 72. J4t=d ----�-- Property LMe ------- Ad/acant Pmpwfy LMe Wbodsn Fence 0—t/m cont- 0 Water W. 1W. Nydront 0 Cmmte Marwment p. Amdo Dh* p PnMI Of T 9ancy O Light P.I. ® Catch Boats ®0 Doe vdr O Manhole T pomoy Bench Mark {°�t Con/f— T /Shrub. /� ® snow srwage M/a /s a coned carry, fo the beat of my knowledge, baoetl open City of South Budkrgtm lond reccrds and on ECM totW otof/on field wary pert ed M Jrhe, 2012. It I,oted that no offs ent of hazardws or aMw waste moferiola nos boon pe ed and Siumm/t Englh—g, Inc. takesre, no ponw08fty for my mo(wW. w conditions wMch may -W m this rft.. M. bemhg. Mown m Me property w tie /Anse m thi. plan are rWated fo a ma9nst/c b—i g and ore wb/ect to Mange without -fio,. The bsarMga ore Mown mfy I. an old M det—"Mg Me m9ular rolatlmMb between -dove M..and Mould hot be ux✓ m Me ode d 1—nm ,Hoh of dfghh eht &I, It Ehgh,—Ioq, Mc. N thw adAo, Mot lot l/nea set forth heroin be loll out In the RMd by a /Mensed land sureym prfw to rdlmn thereon fir tahetructb or any .fhw purpwe. Underground 0016oe Mown oro approabnate only and ware depicted /rain wrhts haturoe /.toted and rofarancod plane. No house refofed to zmMg oro adomesed by this plot. There /s o dso qo—y between Me deeded propwty descaj.tim and Nat sh.- oh roferonn plot h.. I recwded M Me City Land Records. Both oro Mown m noted. MAR 292013 City of So. Burlington LDY/E c>< aver BEG SUMMIT ENGINEERING, INC LIprEp Engineer° •Surveyors • Plehners • L.ndstape Araheetta LDY 1233 Shelburne Road C2 a[E South Burlington, VT 05403 "=3Di (802) 658-5588 Ownw Of Record Pooh Tryst LLC Va/ume 780, Page 728.729 SITE PLAN 3/19/�9/ 13 ORAI IVO NO POON TRUST, LLC. S1 RRRO- CT NO MARKET STREET SOUTHBUR INGTTON,VT © 8222 Z4, :7)(16, 4 //., 45P- May 5, 2011 Re: #DR-11-02 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. A,Sincer�A J. Belair Administrative Officer Encl. CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 3156 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846,4101 www.sburl.com Permit Number DR- II- 0 Z- (office use only) APPLICATION FOR MASTER SIGNAGE PERMIT / SIGN DESIGN REVIEW PERMIT 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 plans will result in your application being rejected and a delay in the review before the Design Review Committee and Development Review Board. Application for: ,q Initial Master Signage Permit after June 3, 2002 ❑ Amendment of Master Signage Permit ❑ Individual Sign, pursuant to Master Signage Permit #DR - 1) OW ER(S) OF RECORD (Name(s) as shown on deed, mailing address, ho e and fax#) S C. S s.vi C9 2) LOCATION OF LAST RECORDED DEED(S) (Book and page #) 3) APPLICANT (Name, mailing address, phone and fax #) ( G C ALL J 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) 5) CONTACT PERSON (Name, hailing address, phone and fax #) S 4PslG GLo 'c - 5a) CONTACT EMAIL ADDRESS _ � UAL_ 6) PROJECT STREET ADDRESS: S /1'l�r�f" 5f : �o_ �1 . V% OPIC73 7) TAX PARCEL ID # (can be obtained at Assessor's Office) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 8) PROJECT DESCRIPTION a) General project description (explain what you want approval for): 14) PLANS AND FEE Plat plans shall be submitted which shows the information required by the City's Sign Ordinance. Five (5) regular size copies and one reduced copy (I I" x 17") of the plans must be submitted. The application fee shall be paid to the City at the time of submitting the application. See the City fee schedule for details. 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. SIQWKTURE O APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this sketch plan application and find it to be: ❑ Complete ,,-I ❑ Incomplete ve Officer ' L.7 L/-4 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. Master Signage Permit Form. Rev. 12-2010 5/3/2011 3:13 P' FROM: ML Design TO: 818026583513 PAGE: 001 OF 002 E, h -do'k .,-L-uncb Buffet $7.25 Monday - Saturday (I 1:00AM - 4:OOPM) �X. Am r,-Dinner Buffet Q%m Monday Thursday (4:OOPM - 10-.00pm) $10.50 Friday Sunday $11-95 A Lunch Buffet ,,41*-,-,Sund4Y (11 :00W - 4:00PM) $8--95 Buffet To Go Monday - Saturday Lunch $3.50 / Lb. . Dinner $4.95 / Lb. Sunday & Holiday All Day $4.95 / Lb. . -V-Li nmo&tes CA ter up to 100 A410 Trt, speei,,dizjo in &oc&wn, Himmi, Cantonese & Tbai Cidsm RESTAURANT, We Use vegetable Oil Only Eat In / Take Out FREF DRIYERY (Min. $12) 5 MARKET STREET, SOUR BURLINGTON, VT 05403 Tel: 802-658-3626 Fax: 802-658-3513 RAO- Q, OPEN HOURS: SUN-THURS: I 1:00AM-10:001'M FRI & S&T I 1:00AM-10;30PM Come visit us when everyone else is closed k/11 07 south " PLANNING & ZONING MEMORANDUM TO: South Burlington Development Review Board FROM: Cathyann LaRose, AICP, Associate Planne ocl�_ RE: Agenda Item #3, Dick Kwan DATE: April 25, 2011 Dick Kwan, hereafter referred to as the applicant, is requesting a new master sign permit for the property at 5 Market Street. The subject property falls within Design District 2 of the City Center Design Review Overlay District. Pursuant to Section 11.01(D)(1)(d) of the South Burlington Land Development Regulations, the addition or alteration of the roofline of a building or structure shall be subject to design review by the Design Review Committee (DRC) and the Development Review Board (DRB). The Design Review Committee was unable to review the application and so the Development Review Board should review the application as part of a public hearing. Pursuant to Section 6 of the City of South Burlington Sign Ordinance, the erection, alteration, or relocation of any sign within this district shall require design review by the South Burlington Design Review Committee (DRC) and Development Review Board (DRB). Section 8 of the Sign Ordinance requires all property owners within the DS/CC Sign District to obtain a Master Signage Permit. The applicant has submitted a hand -drawn sketch done in black and white, with text used to identify the proposed colors and materials. A note on the sketch states to refer to the menu; however, no menu was provided for reference. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com DESIGN REVIEW CRITERIA In reviewing an application for signage, the DRB shall consider the following: (a) Consistent Design The design of a sign must be compatible and harmonious with the design of buildings on the subject property and nearby. The design of all signs on a property shall promote consistency in terms of color, graphic style, lighting, location, material and proportions. These criteria are elaborated in additional sections of the ordinance, stated below in this report. (b) Promotion of City Center Goals Signs within the DS/CC Sign District should be of high aesthetic quality and pedestrian oriented. (c) Color & Texture A maximum of 3 colors is encouraged. The applicant is proposing that signs be limited to green lettering, with yellow and black graphics and Chinese characters. The applicant is proposing that the background be an opaque white. The Board should discuss these proposed colors and graphics. Staff recommends that no more than two different shades of any one color shall be used in any combination of signs on the property at the same time. Staff recommends that no more than three font types be used on the property at any given time. (d) Materials Used The applicant has stated that the sign will be aluminum. It is unclear if the sign is to be flat or 3- dimensional. Only letters and graphics may be translucent with internal illumination. All signs shall be sturdy and weather -resistant. Pursuant to Section 20 of the Sign Ordinance, all signs shall be of substantial and sturdy construction, kept in good repair, and painted or cleaned as necessary to maintain a clean, safe, and orderly appearance. This criterion shall be enforced. All signs shall be kept in good repair; landscaping surrounding the freestanding signs shall be kept trimmed and neat and shall not obscure the text of the signs. This criterion shall be enforced. (e) Wall Mounted Signs Section 10 of the Sign Ordinance governs the size and location of wall -mounted signs and shall be enforced by the Code Officer. Pursuant to Table 10-1 of the Sign Ordinance, a wall -mounted sign for a multi -tenant building or a multi -building lot with a master signage permit in any district with freestanding or landscape sign shall not exceed 15% of the area of the facade to which it is attached or 100 sq. ft., whichever is smaller. Pursuant to Table 10-1 of the Sign Ordinance, the total area of all wall -mounted signs on the subject property shall not exceed 10% of the area of principal public facade of each building. Section 10(c) states that a wall -mounted sign shall not project above the roof or parapet of the building nor below the top of any first floor doorway unless permitted through the design review approval process. Pursuant to Section 10(d), a wall -mounted sign shall not cover any opening or project beyond the top or end of any wall to which it is attached. Section 10(g) stipulates that a wall -mounted sign shall not project from the wall in excess of 9". The applicant has stated that he does not wish to pursue permitting of wall signs as part of this master sign permit at this time. As none are proposed, the property owner must amend the master sign permit in order to allow for wall -mounted signs. (0 Freestanding Signs Section 9(h) states that free-standing signs along Dorset Street are to be located in a sign corridor that begins adjacent to the road Right -of -Way and runs sixteen (16) feet from the edge of the Right of Way toward the building face. This property is not located along Dorset Street. Section 9(h) states that free-standing signs in the Dorset Street/City Center District may not exceed thirty-two (32) square feet in overall dimensions and may be no higher than twelve (12) feet, measured from the average finished grade at the base of the sign to the highest point of any part of the sign structure. This shall be enforced by the Code Officer. Illustration 9-8 demonstrates appropriate base and sign area ratios. The applicant has stated that they are proposing to mount the new sign in an existing free- standing base which has two poles. The applicant should provide photographs or illustrations showing the existing pole so that the Board may better evaluate the sign to base area ratio. -fte ���...X � ,�we..,,t �. Ste- l fe-0- 110A P Cop 0-<�j uM,�: Su r�,cae Ye�( d f'a�-� ,sack . IVlu� /� Atm, Inun1