HomeMy WebLinkAboutSD-94-0000 - Decision - 1233 Shelburne RoadFINDINGS OF FACT & DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of Chittenden Bank to amend the
Lakewood Commons planned commercial development by subdividing 4.65
acres of land into seven (7) lots, six (6) existing buildings
(3,830 to 5,728 square feet) and the seventh lot consisting of the
remaining common land, 1233 Shelburne Road.
On the llth of January, 1994, the South Burlington Planning
Commission approved the request of Chittenden Bank for final plat
approval under Section 204 of the South Burlington Subdivision
Regulations based on the following findings:
1. This project consists of subdividing a 4.65 acre lot into seven
(7) lots. Six (6) of the lots will be equal in size and dimension
to the footprint of the six (6) buildings on the lot. The sketch
plan was reviewed on 10/12/93.
2. The last review of this project by the Planning Commission was
on 4/16/91 when the merging of 1.7 acres of land to the original
Lakewood Commons property and the constructing of a hotel and
office/retail building were approved. The approval of this plan
would supersede the approval of the 4/16/91 plan.
3. This project located at 1233 Shelburne Road lies within the Cl
District. It is bounded on the north by undeveloped land, on the
east by Shelburne Road, on the south by an auto dealership and on
the west by a warehouse/distribution facility.
4. Lot size: Lots A-F range in size from 3,830 to 5,728 square
feet. Lot G is 4.03 acres. The minimum lot size in this district
is 40,000 square feet. Section 11.507(b) of the zoning regulations
allows the Planning Commission to modify certain area and
dimensional standards with the exception of lot size. The Zoning
Board of Adjustment on 11/8/93 granted the applicant variances to
reduce the lot size.
5. Access: No access changes proposed. The remaining lot will
provide the legal access for the six (6) small lots. A note on the
plan so indicates.
6. Setbacks/coverage: This proposal will result in the six (6)
small lots having a zero (0) setback on all sides and 100%
coverage. The Planning Commission can modify setback requirements
and coverage limitations under Section 11.507(9b) of the zoning
regulations.
7. Notice of Condition: The applicant should be required to
1
submit for final plat a Notice of Condition which ties all lots
together for zoning, subdivision and planning purposes.
8. Sidewalk: The easement deed for that portion of the sidewalk
located on the applicant's property should be submitted for review
and approval by the City Attorney. This document should be
recorded prior to or at the same time the final plat is recorded.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the revised final plat application of
Chittenden Bank to amend the Lakewood Commons planned commercial
development by subdividing 4.65 acres of land into seven (7) lots,
six (6) of the lots to follow the footprints of the six (6)
existing buildings (3,830 to 5,728 square feet) and the seventh lot
consisting of the remaining common land, as depicted on a two (2)
page set of plans, page one entitled "Plat of Survey of Lakewood
Commons, South Burlington, Vermont", prepared by Trudell Consulting
Engineers, Inc. and dated 12/16/86, last revised 12/10/93, with the
following stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. Prior to recording the final plat plans, the applicant shall
record a "Notice of Condition" which identifies the Lakewood
Commons development as a planned unit development (PUD) and which
legally ties all seven (7) lots together as one PUD for all
planning, zoning and subdivision purposes. In addition, the
"Notice of Condition" shall indicate that all seven lots are
considered one for purposes of calculating density and coverage.
A draft "Notice of Condition" shall be submitted to the City
Attorney for approval prior to recording.
3. Prior to recording the final plat plans, the applicant shall
record an easement for the portion of the sidewalk along Shelburne
Road which is located on the applicant's property. A draft
easement shall be submitted to the City Attorney for approval prior
to recording.
4. The final plat plans shall be recorded in the South Burlington
Land Records within 90 days or this approval is null and void. The
final plat plans shall be signed by the Planning Commission Chair
or Clerk prior to recording.
Chairman or Clerk
South Burlington Planning Commission
ZZ &L,*
Dates
2