HomeMy WebLinkAboutSP-07-99 - Decision - 0222 Dorset Street#SP-07-99
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
PATRICK MALONE - 222 DORSET STREET
SITE PLAN APPLICATION #SP-07-99
FINDINGS OF FACT AND DECISION
Patrick Malone, hereinafter referred to as the applicant, is seeking to amend a previously
approved plan consisting of a 33,733 sq. ft. gfa building with 31,973 sq. ft. of retail food
establishment use and 1,760 sq. ft. of short-order restaurant use. The amendment
consists of: 1) redesigning the stormwater system, 2) reducing the size of the retail food
establishment use to 31,351 sq. ft. (including mezzanine), 3) increasing the size of the
short-order restaurant use to 2382 sq. ft., and 4) revising approved lighting, 222 Dorset
Street.
The Development Review Board held a public hearing on Tuesday, December 11, 2007.
Stephanie Hainley represented the applicant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
The applicant is seeking to amend a previously approved plan consisting of a
33,733 sq. ft. gfa building with 31,973 sq. ft. of retail food establishment use and
1,760 sq. ft. of short-order restaurant use. The amendment consists of: 1)
redesigning the stormwater system, 2) reducing the size of the retail food
establishment use to 31,351 sq. ft. (including mezzanine), 3) increasing the size
of the short-order restaurant use to 2382 sq. ft., and 4) revising approved lighting,
222 Dorset Street.
2. The subject property is located in the Central District 1 Zoning District.
3. The owner of record of the subject property is Patrick Malone.
4. The plans submitted consist of a seven (7) page set of plans, page two (2)
entitled, "Malone Properties Dorset Street South Burlington Existing Conditions",
prepared by DeWolfe Engineering Associates, dated 10/19/06, last revised on
3/16/07.
5. This application was previously approved administratively on May 18, 2007.
However, the applicant did not request or receive a zoning permit within six
months of approval, per 17.04 of the South Burlington Land Development
Regulations, and thus the approval is null and void.
6. The applicant is seeking re -approval of the May 18, 2007 plan. The applicant is
also requesting approval to delay the installation of two portions of the concrete
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sidewalk (shown as Area #1 and Area #2 on the attached plan) until the spring.
The Board supports this request and will require that the installation be complete
by the date required for total completion of Phase II of the Blue Zone, October 1,
2008.
DECISION n /
Motion by L� (fit I m /j y seconded by M A X1 &—M to
approve Site Plan Application #SP-07-99 of Patrick Malone, subject to the following
conditions:
1) All previous approvals and stipulations, which are not superseded by this
approval, shall remain in effect.
2) This project shall be completed as shown on the plans submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3) The plans shall be revised to show the changes below and shall require approval
of the Administrative Officer. Three (3) copies of the approved revised plans shall
be submitted to the Administrative Officer prior to permit issuance:
a) The site plan shall be revised to include the "Blue Zone" details as approved
on 10/2/07 with no snow storage areas located within the "Blue Zone".
4) The installation of all concrete work for the "Blue Zone Area" including the areas
labeled as "Area #1 and Area #2 on the plans submitted by the applicant, shall
be complete by October 1, 2008.
5) 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.
6) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer after completion of the "Blue Zone" improvements.
7) Any change to the site plan shall require approval by the South Burlington
Development Review Board or the South Burlington Administrative Officer.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham —0/nay/abstain/not present
John Dinklage —/(y A/nay/abstain/not present
Roger Farley — ye nay/abstain/ of res
Eric Knudsen — e /nay/abstain/not present
Peter Plumeau /nay/abstain/not present
Gayle Quimby — k5/nay/abstain/not present
Motion carried by a vote of V - 6 " - cJ
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Signed this -U- day of 2007, by
John Dinklage, Chai
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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