HomeMy WebLinkAboutSD-08-56 - Decision - 0030 Community Drive#SD-08-56
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TECHNOLOGY PARK PARTNERS, LLC - COMMUNITY DRIVE
FINAL PLAT APPLICATION #SD-08-56
FINDINGS OF FACT AND DECISION
Technology Park Partners LLC, hereafter referred to as the applicant, is seeking final
plat approval to amend condition #4 of subdivision approval #SD-07-65 dated Nov. 20,
2007. The amendment consists of substituting a cash payment of $88,000 in place of the
requirement that the applicant maintain an escrow account to guaranty the construction
of the Tilley Drive connection to Community Drive.
The Development Review Board held a public hearing on Tuesday, December 2, 2008.
Santo Longo, Esq. 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 is seeking final plat approval to amend condition #4 of subdivision
approval #SD-07-65 dated Nov. 20, 2007. The amendment consists of
substituting a cash payment of $88,000 in place of the requirement that the
applicant maintain an escrow account to guaranty the construction of the Tilley
Drive connection to Community Drive.
2. The owner of record of the subject property is Technology Park Partners, LLC.
3. The application for this project was received on October 30, 2008.
4. The subject property is located in the Mixed Industrial & Commercial (Mixed IC)
Zoning District.
5. The request is to alter the City's previous Findings of Fact and Decision (#SD-07-
65) which state that the applicant must maintain an escrow account to guaranty
the construction of the Tilley Drive connection to Community Drive. The applicant
remains committed to guaranteeing the construction of this connection. However,
they propose a cash payment in lieu of an escrow account.
6. Staff has discussed the proposal with the City Manager and he is agreeable to
this proposal.
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#SD-08-56
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DECISION
Motion by « seconded by �'�/� -.to
approve Final Plat Application SD-08-56 of Technology Park Partners, LLC, subject to
the following conditions:
1. All previous approvals and stipulations shall remain in effect, except as amended
herein.
2. The applicant shall pay the City of South Burlington $88,000 within six (6) months
of this approval. Upon receipt of this payment, the City of South Burlington shall
release the applicant from the obligation of maintaining $88,000 in an escrow
account.
3. Any changes to the final plat plan shall require approval by the South Burlington
Development Review Board.
Mark Behr — Oe Vnay/abstain/not present
Matthew Birmingham — yea/nay/abstain not present
John Dinklage —/nay/abstain/not present
Roger Farley ea ay/abstain/not resent
Eric Knudsen — yea ay/abstain n�otpresent
Peter Plumeau — ay/abstaipresent
Gayle Quimby — e nay/abstain/not present
Motion carried by a vote of
J
Signed this j^ day of 2008, by
John Dinklage, Chair
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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