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HomeMy WebLinkAboutSP-07-62 - Decision - 0222 Dorset Street#S P-07-62 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING PAT MALONE - 222 DORSET STREET SITE PLAN APPLICATION #SP-07-62 FINDINGS OF FACT AND DECISION Pat Malone, hereafter referred to as the applicant, is seeking final plat approval to amend a previously approved plan for a 33, 733 sq. ft. building with 31, 351 sq. ft. of retail food establishment use and 2382 sq. ft. of short-order restaurant use. The amendment consists of proposing the landscaping and design for the "Blue Zone", 222 Dorset Street. The Development Review Board held a public hearing on Tuesday, October 2, 2007. David White, Stephanie Hainley, and Terry Boyle 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 1. The applicant is seeking final plat approval to amend a previously approved plan for a 33, 733 sq. ft. building with 31, 351 sq. ft. of retail food establishment use and 2382 sq. ft. of short-order restaurant use. The amendment consists of proposing the landscaping and design for the "Blue Zone", 222 Dorset Street. 2. The owner of record of the subject property is Patrick Malone. 3. The subject property is located in the Central District 1 (CD1) Zoning District. 4. The plans submitted consist of a four (4) page set of plans, page one (1) entitled, "South Burlington Art in City Center Phase 1 Plan", prepared by T.J. Boyle and Associates, dated 8/10/07. - 1 — #S P-07-62 The location of this property presents unique challenges as it will serve as one of the main gateways to the future South Burlington City Center. While landscaping is fundamental, the site should also offer other design elements. Staff has been working with the applicant towards a comprehensive landscape and hardscape plan. The working concept is to provide funds for an urban art area, currently being labeled the `blue zone' which extends along the new entrance road and a portion of Dorset Street. Funds for this shall come in part from the landscaping budget and in part from the cost to construct a sidewalk (at this time, the roadway details have not been finalized and so the sidewalk should not yet be constructed). The City Council and the applicant have agreed to the following: Minimum Required Landscaping Budget $36,205 Cost of On -site Landscaping - $19,648 Remaining Funds for Urban Art Area = $16,557 Estimated Cost of Sidewalk + $18,900 Applicant's Commitment for Urban Art Design Competition = $35,457 As stipulated as a condition of Final Plat Application #SD-07-04, approved on February 6, 2007: The applicant shall continue to work with staff and the Design Review Committee to facilitate the urban art design competition and fund the new street design elements in the minimum amount of $35,750. The plan included as part of the site plan application reviewed herein addresses this condition. Since the February 2007 approval, an artist team has been selected and a plan for the blue zone has been drafted. There are two elements of the blue zone: that which fronts along the Dorset Street corridor (and will be privately owned) and that which fronts along the access drive (which will eventually be a City road, owned and maintained). As the details for the roadway design of the access drive have not yet been completed, staff suggested a two-phase approach to the blue zone implementation. The applicant has submitted such a phasing plan, which allocates that most of the hardscape will be installed prior to issuance of a certificate of occupancy. Given time and climate constraints, the remaining landscaping and elements of the hardscape will be installed by October 1, 2008. In summary the following should apply as conditions of approval: Prior to issuance of a certificate of occupancy, the following improvements must be complete: a. Locating and forming all concrete fence supports with built-in metal sleeves b. Setting concrete base for gateway tower c. Construction of concrete sidewalks where noted on plan d. Placement of boulders e. Construction and backfill of stone walls f. Contouring and placement of topsoil for planting beds, as shown on plans submitted by applicant on Sheet L-100 g. Winter rye planted in plant beds to secure the site for winter h. Construction of stabilized `staymat' gravel surface sMI #SP-07-62 i. All `SE Group' planting, as called out on the plan 2. Prior to October 1, 2008, the following improvements must be complete: a. Fabrication and installation of metal fences and tower b. Community outreach and painting by Dan Gottsegan c. Fabrication and installation of decorative glass panels for fence and tower d. All planting as called out on plan and in plant list submitted by applicant on sheet L-101 e. Installation of decorative bike rack DECISION Q �j Motion by ( seconded by / 56 � e cam= to approve Site Application #S -07-62 of Pat Malone, subject to the following onditions: 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 applicant shall continue to work with staff and the Design Review Committee to facilitate the urban art design competition and fund the new street design elements in the minimum amount of $35,750. 4. Prior to issuance of a certificate of occupancy, the following improvements must be complete: a. Locating and forming all concrete fence supports with built-in metal sleeves b. Setting concrete base for gateway tower c. Construction of concrete sidewalks where noted on plan d. Placement of boulders e. Construction and backfill of stone walls f. Contouring and placement of topsoil for planting beds, as shown on plans submitted by applicant on Sheet L-100 g. Winter rye planted in plant beds to secure the site for winter h. Construction of stabilized 'staymat' gravel surface i. All 'SE Group' planting, as called out on the plan 5. Prior to October 1, 2008, the following improvements must be complete: a. Fabrication and installation of metal fences and tower b. Community outreach and painting by Dan Gottsegan c. Fabrication and installation of decorative glass panels for fence and tower d. All planting as called out on plan and in plant list submitted by applicant on sheet L-101 e. Installation of decorative bike rack 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 shall be null and void. -3— #SP-07-62 7. Any change to the site plan shall require approval of the South Burlington Development Review Board or the Administrative Officer. Mark Behr -nay/abst in/not present Matthew Birmingham - ye ay/abstain/not present John Dinklage - ea/nay abstain of presen Roger Farley - e_ a ay/abstain/not presen Eric Knudsen - e nay/abstain/not nt Peter Plumeau - a/nay/abstain of present Gayle Quimby-/ye�ay/abstain/no present Motion carried by a vote of S`-d -0 Signed this Z&-�9day of G T-66E -- 2007, by i Mark Behr, Vice Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and 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). -4-