HomeMy WebLinkAboutMS-09-04 - Decision - 0010 Cheesefactory Lane#MS-09-04
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
VERMONT LAND TRUST - CHEESEFACTORY ROAD
MISCELLANEOUS APPLICATION #SP-09-04
FINDINGS OF FACT AND DECISION
Vermont Land Trust, hereafter referred to as the applicant, seeks miscellaneous
approval to: 1) recognize that the subject property has 101 transferable development
rights, and 2) recognize that this subject property will continue to leave 101 transferable
development rights after conveyance to the applicant, Cheesefactory Road (Leduc
property).
The Development Review Board held a public hearing on July 7, 2009. John Roe and
Rick Peterson 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 seeks miscellaneous approval to: 1) recognize that the subject property
has 101 transferable development rights, and 2) recognize that this subject property will
continue to leave 101 transferable development rights after conveyance to the applicant,
Cheesefactory Road (Leduc property).
2. The application was received on June 19, 2009.
3. The owner of record of the subject property is Leduc Farm, Inc. which proposes to
convey a Grant of Development Rights and Conservation Restrictions on the property to
the Vermont Housing and Conservation Board and others.
4. The subject property is located in the Southeast Quadrant Zoning District.
5. The plans submitted consist of the previously approved subdivision plats recorded in
Map Volume 507 at pages 4 and 6 of the City Land Records.
6. The City Attorney has reviewed the request and has presented it to the Development
Review Board for review. In a letter dated July 1, 2009, the City Attorney's office
recommended approval of this request.
DECISION
Motion by 6hC� QUIOV seconded by CA fAKLr- to
approve Miscellaneous Applicaf ion #MS-09-04 of the Vermont Land Trust kubject to the
following conditions:
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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 All previous approvals and stipulations which are not superseded by this approval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 Development Review Board makes the following determinations with regard to
the subject property:
a. That the portion of the Property located in South Burlington currently has 101
transferable development rights recognized under the Land Development
Regulations; and
b. That following conveyance of the above -mentioned Grant of Development
Rights and Conservation Restrictions, that portion of the Property located in
South Burlington will continue to have 101 transferable development rights
recognized under the Land Development Regulations which may be
conveyed to the Vermont Land Trust with or without fee title to the Property
and which may then be conveyed to receiving properties as a whole or in
portions; and
c. That conveyance of the above -mentioned Grant of Development Rights and
Conservation Restrictions will sufficiently encumber the Property against land
subdivision and development to satisfy the requirements of Section
9.13.C.(1)(a) of the Land Development Regulations and no further
encumbrance will be required; and
d. That the above described plats will be sufficient surveys of the area from
which the transferable development rights have been severed to satisfy the
requirements of 24 V.S.A. §4423(b)(4) and no further surveys or
monumentation will be required.
Mark Behr —oe nay/abstain/not presen
Matthew Birmingh —yea/nay/abstai t res
John Dinklage nay/abstain/not present
Roger Farley — nay/abstain/not present
Eric Knudsen y nay/abstain/not present
Gayle Quimby — e nay/abstain/not present
Motion carried by a vote of D -D
Signed this 7 day of 2009, by
John Dinklage, Chairman
Please note: You have 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 $225.00. If you fail to appeal this decision, your right to
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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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