HomeMy WebLinkAboutAD-93-0000 - Decision - 0155 Dorset StreetFINDINGS OF FACT & DECISION
STATE OF VERMONT oo
COUNTY OF CHITTENDEN P `
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, application of University Mall Realty Trust
to amend a recently approved boundary line adjustment involving 3.3
acres of land by instead subdividing 8.52 acres of land into two
(2) parcels of 4.42 acres and 4.1 acres, 155 Dorset Street.
On the 31st of August, 1993 the South Burlington Planning
Commission approved the request of University Mall Realty Trust for
revised final plat approval under Section 204 the South Burlington
Subdivision Regulations based on the following findings:
1. The project consists of the subdivision of the 7.73 acre Merlin
Property (Howard Johnson's) into a 4.42 acre parcel and a 3.31 acre
parcel and merging the .79 acre Round Table Investors parcel
(Chittenden Bank) with the newly created 3.31 acre parcel to form
a new 4.1 acre parcel. U-Mall proposes to expand its parking lot
onto the newly acquired 4.1 acre parcel behind the Chittenden Bank.
The parking lot expansion was approved on 8/10/93. The 4.1 acre
parcel will then become part of the U-Mall PUD.
2. This request differs from the one approved on 8/10/93 in that
in the previous request the newly created lot would be merged with
the U-Mall parcel and under this request, the 4.1 acre parcel would
remain a separate parcel. The applicant is requesting this change
for mortgage purposes.
3. Notice of Condition: A "Notice of Condition" should be
submitted for review by the City Attorney which identifies the two
(2) U-Mall lots as a Planned Unit Development (PUD) and which
legally ties both lots together as one (1) PUD for all planning,
zoning and subdivision purposes. It should also indicate that both
lots are considered one for purposes of calculating density and
coverage.
DECISION & CONDITIONS
Based on the above Findings of Fact, the South Burlington Planning
Commission approves the revised final plat application of
University Mall Realty Trust to amend a recently approved boundary
line adjustment involving 3.3 acres of land by instead subdividing
8.52 acres of land into two (2) parcels of 4.42 acres and 4.1 acres
as depicted on a two page survey plat entitled "Survey Plat,
University Mall", page 2 dated 6/7/93 and last revised 8/4/93, a
plan entitled "Boundary Adjustment Plan, Merlin Property", dated
3/13/93 and last revised 8/4/93, and a three (3) page set of plans,
page one entitled "Overall Site Plan, University Mall", dated
1
6/7/93 and last revised 8/4/93, all plans prepared by Pinkham
Engineering Associates, Inc., 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 existing U-Mall
property and the new 4.1 acre parcel as a planned unit development
(PUD) and which legally ties both lots together as one PUD for all
planning, zoning and subdivision purposes. In addition, the
"Notice of Condition" shall indicate that both 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. The final plat plans (survey plat and engineering plans) shall
be recorded in the South Burlington Land Records within 90 days or
this approval is null and void. The plans shall be signed by the
Planning Commission Chair or Clerk prior to recording.
4. Any changes to the final plat plans shall require approval by
the South Burlington Planning Commission.
Chairman`or Cl rk,
South Burlington Planning Commission
AZ/Z/.1y ;,-
Date
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