HomeMy WebLinkAboutSP-09-18 - Decision - 0000 Blackberry Lane#SP-09-18
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
NATE HAYWARD - 61 IDX DRIVE
SITE PLAN APPLICATION #SP-09-18
FINDINGS OF FACT AND DECISION
Nate Hayward, hereafter referred to as the applicant, requests for re -approval of a
residential development consisting of eight (8) two-family dwelling units, 61 IDX Drive.
The Development Review Board held a public hearing on April 7, 2009. Gail Henderson -
King 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 re -approval of a residential development consisting of eight (8)
two-family dwelling units, 61 IDX Drive.
2. The application was received on March 5, 2009.
4. The owner of record of the subject property is BDP Realty, LLC.
5. The subject property is located in the R4 Zoning District.
6. The plans submitted consist of a two (2) page set of plans, page one (1) entitled
"Orchards 16 A Planned Unit Development South Burlington, Vermont," prepared by
Lamoureux and Dickinson Consulting Engineers, Inc., dated October 2006, last revised
11 /13/07.
This Planned Unit Development was approved on June 20, 2007 (Final Plat application
#SD-07-35). A request for a one-year extension to the expiration date for the project was
granted and expired on January 2, 2009.
The approval for the site plan portion of the PUD (there are no expirations for subdivision
approval) has now expired and the applicant is requesting re -approval. There have been
no changes to the plan since the Board last reviewed the proposal.
DECISION
Motion by 6_A(rz % seconded by � �� to
approve Site PI n Application # P-09-18 of Nate Hayward subject to the fol owing
conditions:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
PADevelopment Review Board\Findings_Decisions\2009\Hayward\Hayward_SP0918_ffd.doc
#SP-09-18
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 applicant shall obtain a zoning permit for the first building within six (6) months of
this approval. The Development Review Board grants a period of five (5) years for
approval for the remaining buildings in the proposed development. At such time as the
five years is reached and the applicant has not sought a zoning permit for the remaining
buildings, they shall be eligible, per Section 17.04 of the Land Development Regulations,
for one (1) extension to an approval if the application takes place before the approval
has expired and if the Development Review Board determines that conditions are
essentially unchanged from the time of the original approval. In granting such an
extension, the Development Review Board may specify a period of time up to one (1)
year for the extension.
5. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr —Ce�;kay/abstain/not present
Matthew Birmingham —"nay/abstain/not present
Koger raney—Q2,wnayiaDstalninot resent
Eric Knudsen — yea/nay/abstain of present
Peter Plumeau — yea/nay/abstain of present
Gayle Quimby —&ay/abstain/no present
Motion carried by a vote of J-j�? - 0
�t
Signed this day of
, Vice Chairman
2009, by
Please note: You have the 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
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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11Development Review Boa rd\Findings_Decision s\2009\Hayward\Hayward_SP0918_ffd.doc