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Redevelopment application for Swift/Chauvin corner remains tied up after DRB denial and environmental court ruling

South Burlington Planning Commission · May 8, 2025
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Summary

Staff said the DRB initially denied an application to redevelop the Pizza Hut and adjacent service station; an environmental court de novo review agreed with the DRB, the applicant later submitted a revised plan that received DRB approval, and the applicant may appeal the earlier denial to the Vermont Supreme Court.

Staff updated the commission on a redevelopment application for the Pizza Hut and adjacent gas station at Swift and Chauvin Road. The original application, staff said, was denied by the Development Review Board because it did not meet the city’s inclusionary zoning standards or drive‑through requirements; the environmental court’s de novo review later reached the same conclusion. The applicant then submitted a revised plan to the DRB that rectified the identified issues and received DRB approval in May.

Staff added that the applicant may appeal the denial of the first application to the Vermont Supreme Court and that the applicant has a permit to remove the existing buildings if they choose. "That application was denied by the DRB because they did not meet our... inclusionary zoning standards or our requirement around drive throughs," staff said. The city continues to communicate with the applicant while the matter remains under court process.