HomeMy WebLinkAboutIZ-12-14 - Decision - 0462 Shelburne Road#IZ-12-14
CITY OF SOUTH BURLINGTON
CITY COUNCIL
462 SHELBURNE ROAD
INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-14
FINDINGS OF FACT AND DECISION
Pizzagalli Properties, LLC, hereafter referred to as the applicant, requests conditional use
approval under the Interim Bylaw to demolish the existing Liberty Inn and Suites and construct a
31,280 square foot, three story, general office building and parking at 462 Shelburne Road.
The City Council held a public hearing on October 22, 2012, November 5, 2012, December 3,
2012, January 7, 2013, and February 4, 2013. Bob Bouchard from Pizzagalli Properties, LLC,
represented the applicant at these hearings.
Based on testimony provided at the above mentioned public hearings, the plans and supporting
materials contained in the document file for this application, the City Council finds, concludes,
and decides the following:
FINDINGS OF FACT
1. Applicant requests Interim Zoning conditional use approval to demolish the existing
Liberty Inn and Suites and construct a 31,280 square foot, three story, general office
building and parking, 462 Shelburne Road.
2. The owner of record of the subject property is Smart Hospitality, Inc., c/o Anil Sachdev.
3. The application was received on September 27, 2012.
4. The subject property is 1.71 acres, located in the Commercial 1- Residential 15 Zoning
District and is also located in the traffic overlay district.
5. The proposed general office building is to be located on the western portion of the
southern parcel with the remainder of the parcel and the northern parcel developed for
121 parking spaces. A proposed pocket park is located on the eastern end of the
southern parcel and extensive screening, landscaping, and trees are proposed around
the parking areas.
6. The plans submitted consist of a three (3) page set of plans, the first page entitled,
"Proposed Perspective — V5.2, 462 Shelburne Road — Pizzagalli Properties, LLC,"
prepared by Wiemann Lamphere Architects, last dated, 11/30/12.
7. Applicant proposes an overall reduction of curb cuts from the existing seven (7) to three
(3) with the curb cuts on Handley Road to be placed further away from Shelburne Road
to allow additional queuing.
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8. Applicant's written testimony indicates the development will not have an adverse impact
on community services.
9. In this area along Shelburne Road there is existing similar dense commercial
development.
10. Applicant's oral testimony states that a traffic study will be done as part of the review
through the Development Review Board and if warranted, the cost of signalization at
Hadley and Shelburne will be paid for by the applicant.
11. Public testimony received indicated broad support for the project.
12. The site is fully developed and there are no environmental limitations (steep slopes,
shallow depth to water tables) or significant natural resources (wildlife habitat or
corridors, rare tree stands, etc.) apparent on the site. There are no adjacent connected
environmental limitations or significant natural resources.
13. The proposed development does include renewable energy production on site. A
photovoltaic array will be installed on the roof and connected to the electric power grid.
CONCLUSIONS OF LAW
I. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012
Interim Bylaw Section Il; Description of Districts Affected
This Interim Bylaw shall apply to all Districts established and listed in Article 3.01(A)(1)-
(4) of the South Burlington Land Development Regulations except for.
A. Airport Industrial
B. Airport
C. Institutional Agricultural — North
D. Queen City Park
E. Lakeshore Neighborhood
F. Municipal
G. Park and Recreation
H. Southeast Quadrant — Village Commercial
1. Mixed Industrial and Commercial District
J. Industrial and Open Space District
The proposed residential development is within the Commercial 1 — Residential 15 Zoning
District and, therefore, is subject to the Interim Bylaw.
Interim Bylaw Section Ill: Limitations on Land Development
Within the areas affected by this Interim Bylaw, the following shall not be allowed.
A. New Planned Unit Developments.
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B. New subdivisions.
C. New principal buildings that require site plan approval.
D. Alterations to existing principal buildings.
E. Alterations to any other existing structures used for commercial or industrial
purposes.
F. Amendment of a master plan or any related site plans or plats that deviates
from an approved Master Plan in one of the respects set forth in Article 15.07(D)(3)(a)-(e)
of the South Burlington Land Development Regulations.
The main purpose of an interim bylaw is to temporarily preserve the existing land uses and
maintain the status quo while the municipality formulates its permanent zoning bylaws. See
Town of Mendon v. Ezzo, 129 Vt. 351, 356-357, 358 (1971); see also Section I of the Interim
Bylaw ("[T]he purpose of this Interim Bylaw is to provide the City time ... to prepare and adopt
amendments to the Land Development Regulations that implement the City's goals and
objectives."). For the reasons set forth in the Purpose of the Interim Bylaw, and to temporarily
preserve the existing land uses and maintain the status quo while the City formulates
amendments to its Land Development Regulations, the City Council determined that six types of
development will or could be contrary to the amendments to the Land Development Regulations
and the Comprehensive Plan the City is presently contemplating.
The proposal to demolish the existing Liberty Inn and Suites and construct a 31,280 square foot,
three story, general office building and parking at 462 Shelburne Road is prohibited by the
Interim Bylaw pursuant to Section III(C and E) above, and does not qualify for an exemption
under Section IV of the Interim Bylaw.
IL STANDARDS OF REVIEW
Interim Bylaw Section Vl: Review of Applications
The City Council may, upon application, authorize the issuance of permits for any type of
development as a conditional use not otherwise permitted by this Interim Bylaw, after
public hearing preceded by notice in accordance with 24 V.S.A. section 4464. The
authorization by the legislative body shall be granted only upon a finding by the Council
that the proposed use is consistent with the health, safety, and welfare of the
municipality and the following standards. The proposed development shall not result in
an undue adverse effect on any of the following:
A. The capacity of existing or planned community facilities, services, or lands.
B. The existing patterns and uses of development in the area.
C. Traffic on roads and highways in the vicinity.
D. Environmental limitations of the site or area and significant natural resource
areas and sites.
E. Utilization of renewable energy resources.
F. Municipal plans and other municipal bylaws, ordinances, or regulations in
effect.
The applicant has submitted a complete application for Conditional Use approval by the City
Council pursuant to this section.
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As set forth above, the proposed project is prohibited by the Interim Bylaw. Despite this
prohibition, the City Council may authorize the issuance of a permit for any type of development
as a conditional use not otherwise permitted by the Interim Bylaw if the City Council concludes
that the proposed development is consistent with both the health, safety, and welfare of the
municipality as well as the standards identified as A through F in Section III of the Interim Bylaw.
A. Is the Proposed Development Consistent with the Health, Safety, and Welfare of the
City of South Burlington?
To determine whether the proposed development is consistent with the health, safety, and
welfare of the City of South Burlington, the City Council considers whether the specific
development proposal is the type of development that will or could be contrary to the
amendments to the Land Development Regulations and the Comprehensive Plan presently
being contemplated by the City.
The goals discussed in the Purpose statement in Section I of the Interim Bylaw guide the City
Council's analysis of whether the proposed development is the type of development that will or
could be contrary to the anticipated amendments. The Purpose statement is a summary both of
the rationale for adopting the Interim Bylaw and of the studies and planning process that are
underway in the City.
The goals include the adoption of Form Based Code -style regulations for the City Center and
adjacent Williston Road area and possibly other areas of the City; the update of the
Comprehensive Plan to include as City goals the support of sustainable agriculture, the
conservation of open space, and the promotion of housing for people of all incomes and stages
of life; and the preparation and adoption of amendments to the Land Development Regulations
that implement the City's goals and objectives.
The City is in the process of formulating Form Based Code regulations for the City Center and
adjacent Williston Road area and determining to what additional areas of the City, if any, the
Form Based Code regulations will apply. (Form Based Codes focus on physical form rather
than on uses and address the relationship between building facades and the public realm, the
form and mass of buildings in relation to one another, and the scale and types of streets and
blocks.)
The proposed development of land is located within an area of the City in which the City is
contemplating the adoption of Form Based Code regulations. The proposed three story building
fronts on Shelburne Road and the proposed parking will be to the rear of the building and on the
northern parcel. The parking on the northern parcel will be screened from Shelburne Road with
a four foot high masonry wall covered in ivy with pedestrian improvements. A pocket park
located on the eastern end of the southern parcel adjacent to the Hadley neighborhood will be
created. The third floor of the building will be recessed with incorporated architectural details.
The design and function is well suited to a T-4 to T-3 Form Based Code transition zone which
may be contemplated for this area of South Burlington.
The function and form, including scale and access, of the proposed development likely are
consistent with potential Form Based Code regulations that the City might adopt for the
Shelburne Road area. The proposed development will not be contrary to any Form Based
Code regulations that the City is contemplating for this area.
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It has been determined that this site has been established as built-up commercial development.
No assessment has been completed as to the viability of agriculture on the site. However, in
accordance with the Farmland Classification Systems for Vermont Soils produced by the USDA
& Natural Resources Conservation Service, "Prime, Statewide, and Local soil map units cannot
be urban or built-up areas. A delineation of a Prime, Statewide, or Local soil map unit which has
been converted to urban land or built-up areas should no longer be considered Important
Farmland." Moreover, the subject property has frontage on Shelburne Road adjacent to
densely developed commercial and residential areas.
This area of South Burlington is already densely developed. While the proposed project does
not conserve any additional open space, it does not result in any loss of open space and does
include a small pocket park for the public benefit.
The proposed commercial development will replace existing commercial development on the
property. Therefore, the project does not result in any net loss of housing units, whatever the
degree of affordability.
Based on this analysis, the Council concludes that the proposed development is not the type of
development that will or could be contrary to the contemplated amendments to the Land
Development Regulations and the Comprehensive Plan and is consistent with the health,
safety, and welfare of the City of South Burlington.
B. Is the Proposed Development Consistent with the Standards Identified as A through F
in Section 111 of the Interim Bylaw?
Even when the City Council concludes that a proposed project in consistent with the health,
safety, and welfare of the City of South Burlington, the Council also must conclude that the
proposed development will not result in an undue adverse effect on any of the standards listed
in Section VI of the Interim Bylaw in order for the proposed development to receive conditional
use approval under the Interim Bylaw. See 24 V.S.A. §4415(d), (e).
Interim Bylaw Section VI(A): The proposed development shall not result in an undue
adverse effect on the capacity of existing or planned community facilities, services, or
lands.
The proposed development will not result in any new or additional demands on existing or
planned community facilities, services or lands. The City Council therefore concludes that the
proposed project will not result in an undue adverse effect on the capacity of existing or planned
community facilities, services or lands.
Interim Bylaw Section VI(B): The proposed development shall not result in an undue
adverse effect on the existing patterns and uses of development in the area.
Because the proposed development will replace existing commercial development and the
proposed development is similar in scale to the commercial uses along Shelburne Road, the
City Council concludes that the proposed development will not result in an undue adverse effect
on the existing patterns and uses of development in the area.
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Interim Bylaw Section VI(C): The proposed development shall not result in an undue
adverse effect on traffic on roads and highways in the vicinity.
The proposed development will result in an increase in traffic on roads and highways in the
vicinity. The City Council is confident with the standards for review in the Land Development
Regulations and that traffic generated by the proposed project will be reviewed in detail by the
Development Review Board. Any changes to the project resulting from the DRB's review will
require additional review by City Council. As the City Council concludes below, if the applicant
receives approval from the Development Review Board, then the proposed PUD will not have
an undue adverse effect on traffic on roads and highways in the vicinity.
Interim Bylaw Section VI(D): The proposed development shall not result in an undue
adverse effect on environmental limitations of the site or area and significant natural
resource areas and sites.
No environmental limitations (steep slopes, shallow depth to water tables) or significant natural
resources (wildlife habitat or corridors, rare tree stands, etc.) are apparent on the subject
property. There are no adjacent connected environmental limitations or significant natural
resources.
Based on these findings, the City Council concludes that the proposed development will not
result in an undue adverse effect on environmental limitations of the site or area and significant
natural resource areas and sites.
Interim Bylaw Section VI(E): The proposed development shall not result in an undue
adverse effect on utilization of renewable energy resources.
The proposed development does include renewable energy production on site; a photovoltaic
array will be installed on the roof and connected to the electric power grid. The applicant stated
they are pursuing LEED certification for the building. The proposed development does not
preclude the use of renewable energy by adjacent properties. Thus, the City Council concludes
that the proposed development will not result in an undue adverse effect on utilization of
renewable energy resources.
Interim Bylaw Section VI(F): The proposed development shall not result in an undue
adverse effect on municipal plans and other municipal bylaws, ordinances, or
regulations in effect.
South Burlington Comprehensive Plan Goals (adopted March 9, 2011)
Upon review and consideration of the goals in the existing Comprehensive Plan, the City
Council concludes that the proposed project will not result in an undue adverse effect on the
Comprehensive Plan.
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Land Development Regulations (amended May 7, 2012)
If the following conditions are met, the proposed project will not result in an undue adverse
effect on the existing Land Development Regulations:
1. The applicant shall receive approval from the Development Review Board prior to
issuance of a zoning permit.
2. The applicant shall obtain a zoning permit prior to the commencement of any land
development.
All other city ordinances
If the following condition is met, the proposed project will not result in an undue adverse effect
on all other City ordinances.
Applicants shall receive all other applicable City permits.
Subject to the three conditions identified above, the City Council finds that the proposed
subdivision will not result in an undue adverse effect on the Comprehensive Plan and other
municipal bylaws, ordinances, or regulations in effect.
For the reasons set forth above, the Council concludes that the proposed project is
consistent with the health, safety and welfare of the City of South Burlington and the
standards set forth in Section VI(A)-(F) of the Interim Bylaw.
DECISION
Motion by I� -Eno e,f S , seconded by _P�n� /Y aaz --n , to approve
Interim Zoning ConditiorYal Use Application #IZ-12-14 of Pizzagalli Properties, LLC, subject to
the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
2. This project shall be completed as shown on the plat submitted by the applicant and on file
in the South Burlington Department of Planning and Zoning.
3. The applicant shall receive approval from the Development Review Board prior to issuance
of a zoning permit.
4. The applicant shall obtain a zoning permit prior to the commencement of any land
development.
5. Applicants shall receive all other applicable City permits.
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6. Any changes to the project plans shall require approval of the South Burlington City Council
so long as the Interim Bylaw remains in effect.
Rosanne Greco—&nay/abstain/not present
Helen Riehle — yea/nay/abstain/ of re
Pam Mackenzie — e)nay/abstain/not present
Sandra Dooley —dVinay/abstain/not present
Paul Engels -(]a�Dnay/abstain/not present
Motion co- rr\ 4-� by a vote of `i - v - o
Signed this -7-6 day of February 2013, by
i
Rosanne Greco, Chair
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 V.R.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 Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental
Division at 802-828-1660 or http://vermontiudiciary.org/GTC/environmental/default.aspx for
more information on filing requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist.
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