HomeMy WebLinkAboutSD-01-12 - Decision - 0057 0000 0006 0007 Fayette Road#SD-01-12
FINDINGS OF FACT AND DECISION
STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
Re: Findings of Fact, final plat application #SD-01-12 of Olde Orchard Realty Partnership to amend a
planned unit development consisting of 210 residential units, a 61 room hotel, a 20,000 square foot
movie theater (1,000 seats), a 22,500 square foot restaurant/retail/indoor recreation/day care building, a
3500 square foot fast-food restaurant with drive -through service, and a bank with drive -through service,
Fayette Road/Shelburne Road. The amendment consists of subdividing a 21.93 acre parcel into two (2)
parcels of 3.5 acres and 18.43 acres, 6 & 7 Fayette Road.
On the 3rd of April, 2001, the South Burlington Development Review Board approved the final plat
application of Olde Orchard Realty Partnership under Section 204 of the South Burlington
Subdivision Regulations based on the following findings:
I. This project consists of amending a planned unit development consisting of 210 residential units,
a 61 room hotel, a 20,000 square foot movie theater (1,000 seats), a 22,500 square foot
restaurant/retail/indoor recreation/day care building, a 3500 square foot fast-food restaurant with
drive -through service, and a bank with drive -through service, Fayette Road/Shelbume Road. The
amendment consists of subdividing a 21.93 acre parcel into two (2) parcels of 3.5 acres and 18.43
acres.
2. The owner of record is Olde Orchard Realty Partnership L.P.
3. This property is located within the Commercial One District. It is bounded on the west by the
railroad, on the south by a vacant lot, on the east by Fayette Road, and on the north by a commercial
development.
4. Lots: The applicant requested subdividing one lot into two (2) lots for financing purposes. Staff did
not have a problem with this proposal. Staff recommended that a "Notice of Condition" be recorded
which has been approved by the City Attorney which states that for zoning and subdivision purposes the
two (2) lots will be treated as a one (1) lot.
5. Other: The subdivision plat should be revised to provide a parcel number for the new lot.
DECISION AND CONDITIONS
Based on the above Findings of Fact, the South Burlington Development Review Board approves final
plat application #SD-01-12 of Olde Orchard Realty Partnership to amend a planned unit development
consisting of 210 residential units, a 61 room hotel, a 20,000 square foot movie theater (1,000 seats), a
22,500 square foot restaurant/retail/indoor recreation/day care building, a 3500 square foot fast-food
restaurant with drive -through service, and a bank with drive -through service, Fayette Road/Shelburne
Road. The amendment consists of subdividing a 21.93 acre parcel into two (2) parcels of 3.5 acres and
18.43 acres, as depicted on a two page set of plans, page one entitled "Plat of Alta/ACSM Survey of
Olde Orchard Condominiums," prepared by Vaughn Button, dated November 1997, last revised on
2/20/01, with the following stipulations:
1. All previous approvals and stipulations which are not superseded by this approval shall
remain in effect.
2. The plat (page 1) shall be revised to show the changes below and shall require approval of
the Director of Planning and Zoning (hereinafter Director). Three (3) copies of the approved
revised plan shall be submitted to the Director prior to permit issuance.
a. The plat sheet shall be revised to provide a parcel number for the new lot.
3. Prior to recording the final plat plan, the applicant shall record a "Notice of Condition"
approved by the City Attorney which states that for zoning and subdivision purposes the two
(2) lots shall be considered as one lot.
4. Any change to the final plat plans shall require approval by the South Burlington
Development Review Board.
5. The final plat plan (survey plat) shall be recorded in the South Burlington land records within
90 days or this approval is null and void. The plan shall be signed by the Development
Review Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the
applicant shall submit a copy of the survey plat in digital format. The format of the digital
information shall require approval of the Director.
a OY-/3-uL
ChaV or Clerk Date
South Burlington Development Review Board
Please Note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 V S.A.
§ 4471 and VR.C.P. 76, in writing, within 30 days of the date this decision is issued. The fee is $150.00. 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 V.S.A. § 4472(d) (exclusivity of remedy; finality).
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