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HomeMy WebLinkAboutA0-10-01 - Decision - 0182 Golf Course RoadFEB 2 2 2011 CITY OF SOUTH BURLINGTON BY ----_--___------ DEPARTMENT OF PLANNING -AND ZONING S t JAM GOLF, LLC APPEAL #AO-10-01 FINDINGS OF FACT -AND DECISION Appeal #AO-10-01 of JAM Golf, LLC appealing the decision of the Administrative Officer dated October 13, 2010, that the application for final plat approval of the Long Drive subdivision filed on September 10 and 13, 2010, was not complete, Golf Course Road. FINDINGS OF FACT 1. Paragraph 2 of the Environmental Court's V.R.C.P. 58 3udgment Order In Docket No. 69-3-02 Vtec (hereinafter the "Order'D required JAM Golf, LLC's (hereinafter the"Appellant") application for final plat approval shall include, in addition to the materials listed in Section 204.1 of the Subdivision Regulations effective January 4, 1599, the items listed in paragraph 2(a)-(d) of the Order. 2. The Order required that the Appellant submit a complete application for approval of the Final Subdivision Plat no later than September 13, 2010. 3. The final subdivision plat application materials were submitted on September 10 and 13, 2010. 4. The Administrative Officer reviewed the application materials submitted and found that information which was required to be submitted per Section 204.1 of the subdivision regulations was missing, The missing information is as follows: Section 203.1 d) The names of all subdivisions immediately adjacent.and the names of owners of record of adjacent acreage. e) The size of any existing sewers ... on the property or serving the property to be subdivided. q) The location of any temporary markers adequate to enable the Commission to locate readily and appraise the basic layout In the field. Revised/Updated version of `"Economou Farms Golf Course Plan - Southeast Parcel - Property of JAM Golf, LLC," last revised 3/2/1999 prepared by Civil Engineering Associates, Inc. recorded in Map Slide 341, South Burlington Land Records or other plan. that depicts the proposed new boundaries of Golf Course Parcel F and Residential Parcel 2. In addition, the application did not include the required full-size, color Exhibl 2, 45-49 and 81. The application includes 2010 revisions to Exhibits 21, 45-48 and 81 which are very difficult to read because they are black and write and contain a great deal of,information. The application does not Include Exhiblt 49 with 2010 revisions or,Sheet L,7, Landscaping Details,, 5. The Administrative VO ficer on October 13, 2 1Q mailed a letter,to the Appellant informing them that their application was incomplete. 6. The, Appellant..appealed the Administrative C fflcer's� October 13 ,2010 decision with a Notice of Appeal filed on October:28, 2010., 7. A public hearing notice on the appeal was published In the Seven Days newspaper on November 17, �010. CONCLUSIONCONCLUSION$ OpLAW 1. Section 204.1 of the Subdivision Regulations requires that a final plat application Include all the information listed In section204.1(a). The appellant failed to submit all the information listed Iry this section as descrl bed, above, therefore this requirement. Is not being met and the application submitted, is .incomplete: 2.. The Administrative Officer, pursuant to 24 VSA 4448(a), ".:.shall administer the bylaws, literally and shall not have the: power to permit any land development that. is not in conformance with those ylaw's". The Admilrilstrotive Officer had no choice but to, deem the subject application .,,'.,incomplete since. „required information.was.mnissing froMi the°application. To coo otherwise would beta violate.state statutes. -This statutory E 9 requirement requires the Administrativo'to determine completeness as completeness is a requirement of Section 204:1 of thesubdivision regulations. P 3. It has long been City procedure that the Planning and zoning'saf does not warn a hearing on an application -until the appiicant,has submitted a complete application., Moreoverl`awapplicant'gpins and maintains vested right to have an application considered under a particular set of 1 zoning regulations only when the applicant submits a full and complete application. 4. Acts of the general assembly, except acts regulating practice in court ... shall not affect a suit begun or pending at the time of their passage, 1 V.S.A. section 213. In 2003, the Legislature adopted 24 V.S.A. section 4448(d), which regulates practice in court and provides that an administrative officer is only required to act with regard to a complete appllcatlon fora permit; whether by approving/denying the application or referring the application. In connection with the, application for final plat approval of the Long Drive Subdivision, the Administrative Officer determined that applicant falied to sbbmit.a cornpiete application within 12 months of the Order. 'As a result, the Administrative.Officer could not act on the application: 5. The application' for 'final plat approval of Long Drive tu6divisian `was not complete. The application was missing information required by the Order and by Sections 203.1 and 204.1 of the Subdivision Regulations. 6. In the application for preliminary plat approval of the Long Drive Subdivision (then known as the `Taft subdivision'), applicant proposed to remove the land for the Long Drive Subdivision from Golf Course Parcel F and to add it to Residential Parcel 2, followed by the 10-lot Long Drive Subdivision. 7. In the application for final plat approval, applicant has changed this proposal. Instead, applicant proposes to remove the land for the long Drive Subdivision from Golf Course Parcel F, so that first there will be two new lots, followed by the 10-lot Long Drive Subdivision. 8. However, as the City would require of any applicant, JAM Golf does not Include on the proposed plat the resulting acreage, boundary lines and configuration of one of the lots proposed to be subdivided; Golf Course Parcel F. It Is a minimum requirement of a complete applicationfor a' subdivision that the plat depict ali`land to be `subdivided antl all proposed resulting lots. The three "Reference Plats" listed on the proposedplatdo not depict this required InfOrmaition. DECISION Motion by Ic V seconded b& fMI to uphold the dec!61an ofthbAdrnin6tratl Officer to, e the application for -4nal- plat approval of the Long Drive subdivision filed on September 10 and 13 was not complete. Mark Behr -iye*ay/abst ' /not present Matthew Blimi b-higi _ ea ay/abstain/not present laaZ a John Dink go EyagEtain/not present 'g Roger Farley- e ay/abstainlnot present Gayle Quimby A—e aylabstain/not present i Michael Sirot , e nay/abstain/not present Bill Stuono ye naylabstaintnot present Motion carried by a vote of --Q- 6 0day Signed this of February 2011, by Mark Behr, Chairman Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See VA.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Budington, VT 05403. Sao V.R,E,C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or hlW:L,,'vermontLudicia[y.org/0-TClenviron!nentalldefavii,asox for more information on filing requirements, deadlines, fees and mailing address.