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HomeMy WebLinkAboutSP-10-50 - Decision - 0002 0004 Market Street#SP-10-50 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING JUDGE DEVELOPMENT CORP - 102 DORSET STREET SITE PLAN APPLICATION #SP-10-50 FINDINGS OF FACT AND DECISION Judge Development Corp., hereafter referred to as the applicant, is seeking after -the -fact approval to amend a previously approved plan for a mixed use development in four (4) buildings consisting of 75,769 sq. ft. of retail use and 20,931 sq. ft. of office use. The amendment consists of installing a dumpster enclosure, 102 Dorset St. The Development Review Board held a public hearing on Tuesday, August 17, 2010. Erin Miller Heins, Esq., 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 after -the -fact approval to amend a previously approved plan for a mixed use development in four (4) buildings consisting of 75,769 sq. ft. of retail use and 20,931 sq. ft. of office use. The amendment consists of installing a dumpster enclosure, 102 Dorset St. 2. The owner of record of the subject property is Century Partners, LP. 3. The subject property is located in the C1 Zoning District. 4. The plan submitted is entitled, "Shopping Center/General Office Space PUD Amended Site/PUD Plan," prepared by Donald L. Hamlin Consulting Engineers, Inc., dated 5/11/10, last revised on 7/20/ 10. 5. The applicant is requesting approval to add a dumpster enclosure to the east side of the Barnes and Noble building. This is noted on the plans as a "6' high stockade fenced service area." 6. As this is a change to a previously approved plan, it requires approval from the Development Review Board. 7. There are no substantive changes to the plan. Coverage limitations and other dimensional requirements are not affected or are impacted by only fractions of a percent. /,� y�,�/j� DECISION p Motion by G A,L� � ��"'1�✓ seconded by66(--A ���1 C to approve Site Plan Applic tion #SP-10-50 of Judge Development Corp, subject to the foll wing condtions: #SP-10-50 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 All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2.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 submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The applicant shall obtain a zoning permit within six (6) months per Section 17.04 of the Land Development Regulations or this approval is null and void. 4. Prior to permit issuance, the applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to using the screened dumpster enclosure. 5. Any change to the site plan shall require approval of the Administrative Officer or the Development Review Board. Mark Behr — 0eaay/abstain/not present Matthew Birmingham — yea/nay/abstain not present John Dinklag&nay/abstain/not ay/abstain/not present Roger Farley present Eric Knudsen — yea/nay/abstain not present Gayle Quimby — 0ea/ay/abstain/not present Bill Stuono — (yea ay/abstain/not present Motion carried by a vote of 5-- v- & Signed this / () day of 2010, by i r Jo inklage, Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this decision is issued. The fee is $250.00. 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).