HomeMy WebLinkAboutAO-06-01 - Decision - 0030 Community Drive#AO-06-01
Cf ; Y OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TECHNOLOGY PARK ASSOCIATES, INC.
PMF ENERGY, INC.
ANNIX-VERMONT, INC.
APPEAL #AO-06-01 — COMMUNITY DRIVE
FINDINGS OF FACT AND DECISION
Technology Park Associates, Inc., PMF Energy, Inc., and Annix-Vermont, Inc.,
hereinafter referred to as the appellants, are appealing the decision of the Administrative
Officer dated January 3, 2006 that subdivision approval has expired for the Technology
Park Subdivision, Community Drive. The Development Review Board held a public
hearing on March 21, 2006. Mark G. Hall, Esq., represented the appellants.
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
The Technology Park subdivision was originally approved on August 6, 1996. It
includes 14 lots ranging in size from 3.98 acres to 29.46 acres. It is located on
the south side of Kimball Avenue in the Mixed Industrial & Commercial Zoning
District (Mixed IC) and is served by Community Drive.
2. The subdivision was subsequently amended several times with the last
amendment approved on 3/19/01.
3. On or about January 3, 2006, the Administrative Officer discovered that the
subdivision approval expired on 3/19/04 (three (3) years from the last
amendment) and issued his decision in a letter to Robert Foley, Esq. dated
January 3, 2006.
4. The subdivision approval required that certain infrastructure be constructed to
implement the subdivision. The required infrastructure improvements are as
follows:
• bring loop road (Community Drive) into full compliance with City
standards.
• construct new City street — "Community Way".
• additional water & sewer mains to service subdivision.
• install sewer pump station in new street cul-de-sac.
• fire hydrants
• street trees along proposed street.
• stormwater system to serve new street.
#AO-06-01
• construct recreation path along Kimball Avenue (approx. 2500 feet).
5. No extension to the expiration date of the last approval (3/19/01) has ever been
requested or granted pursuant to Section 17.04(C)(1) of the Land Development
Regulations.
6. Condition #3 of the August 6, 1996 approval required that the "loop" road
(Community Drive) be brought into full compliance with City standards by the
spring of 2001. This condition has not been met.
7. The applicant filed a "Notice of Appeal" on January 9, 2006 appealing the
Administrative Officer's decision of January 3, 2006.
CONCLUSIONS OF LAW
Section 17.04(C)(1) of the Land Development Regulations states in part that, "if no
action is taken by the subdivider to construct substantially his proposed subdivision
within three years of the final plat approval said approval shall become null and void....".
The approved Technology Park subdivision included the requirement that certain
infrastructure be constructed (i.e. sewer main, sewer pumping station, new public street,
sidewalks, curbs, etc.). To date none of the required infrastructure has been
constructed. This constitutes a failure "to construct substantially" the subdivision.
Based on this failure to construct required infrastructure, the DRB concludes that the
approval granted this subdivision expired on March 19, 2004. This expiration does not
foreclose the appellants' right to seek re -approval of the subdivision under regulations
currently in effect. Without prejudging any such application, the DRB notes that the
regulatory standards now in effect for the subject property do not differ significantly from
those under which the property was last reviewed in 2001.
/� DECISION
Motion by MMe 6�tyl1 , seconded by 1-Am/
to approve Appeal #AO-06-01 of Technology Park Associate , Inc., PMF Energy, Inc.,
and Annix-Vermont, Inc.
Mark Behr -nay/abstain/not present
Matthew Birmingham - yea/nay/ab tain/ of present
Chuck Bolton - ye nay/abstain of resent
John Dinklage - nay/abstain/not present
Roger Farley - e nay/abstain/not present
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#AO-06-01
Larry Kupferman — e ay/abstain/no esent
Gayle Quimby — yea nay/abstai o presen
Motion failed by a vote of 1- 0 - C)
Signed this day of 2006, by
John Dinklage, Chairft n
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 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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