HomeMy WebLinkAboutIZ-12-13 - Decision - 0428 0434 Shelburne Road#IZ-12-13
CITY OF SOUTH BURLINGTON
CITY COUNCIL
428-434 Shelburne Road
INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-13
FINDINGS OF FACT AND DECISION
Queen City LLC., hereafter referred to as the applicant, requests conditional use approval under
the Interim Bylaw to convert accessory storage space into two (2) dwelling units on lot with three
(3) existing dwelling units and an office at 428-434 Shelburne Road.
The City Council held a public hearing on October 22, 2012, November 5, 2012, December 3,
2012 and January 7, 2013. Craig Heindel represented the applicant at this hearing.
Based on testimony provided at the above mentioned public hearing, 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 convert accessory storage
space into two (2) dwelling units on lot with three (3) existing dwelling units and an office
at 428-434 Shelburne Road.
2. The owner of record of the subject property is Queen City LLC.
3. The application was received on September 5, 2012.
4. The subject property is located in the Commercial 1/Residential 15 Zoning District.
5. The proposed two (2) dwelling units will be approximately 2,600 square feet. Other
existing structures on the property include a multi -use building with three (3) dwelling
units and general office space. The lot is approximately 0.60 acres.
6. The plan submitted consist of one page, entitled, "Site Plan -Proposed Renovations to
428 Shelburne Road," prepared by Heindel & Noyes, Inc., last revised, 12/21/12.
7. Applicant proposes to reduce the current 25 parking spaces to19 parking spaces to
allow more green space to be added in front of each of the two new dwelling units and in
several other locations on the subject property. Site plan indicates a 200 square foot
garden space on the southwest side of the property.
8. In this area along Shelburne Road there is existing mixed -use development.
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9. Applicant submitted written traffic calculations that indicate a reduction in calculated
peak afternoon trip -ends.
10. Written testimony states that 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.
11. The proposed development does not include renewable energy production on site.
CONCLUSIONS OF LAW
1. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012
Interim Bylaw Section ll: 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.
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
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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 convert accessory storage space into two (2) dwelling units on a lot with three
(3) existing dwelling units and an office and amend a Planned Unit Development at 428-434
Shelburne Road, is prohibited by the Interim Bylaw pursuant to Section III(A, D, and E) above,
and does not qualify for an exemption under Section IV of the Interim Bylaw.
IL STANDARDS OF REVIEW
Interim Bylaw Section VI: 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.
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
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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 along Shelburne Road, and is part of an area of
the City in which the City is contemplating the adoption of Form Based Code regulations. The
proposed two (2) dwelling units access Shelburne Road along with the uses in the adjacent
structure which include three additional dwelling units and general office space. Additional
green space is proposed in front of the parking spaces and the entrances to the units. Other
mixed use development is present in this area which is consistent with a Form Based Code
regulation. 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
that area of the City. The proposed development likely will not be contrary to any Form Based
Code regulations that the City is contemplating for this area.
No assessment has been completed as to the viability of agriculture on the site. However, the
applicant has delineated a garden approximately 200 square feet in size in the southwest corner
of the lot in support of the City's efforts to encourage sustainable agriculture.
The small size of the lot (0.60 acres) does not lend itself to conserving any additional open
space. This area of South Burlington is already densely developed.
The proposed development will create two new one bedroom dwelling units at market rate.
These efforts further the goal of promoting housing for people of all incomes and stages of life.
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.
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B. Is the Proposed Development Consistent with the Standards Identified as A through F
in Section Ill 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.
Applicant proposes to convert accessory storage space into two dwelling units, thus, 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 creates residential development similar to that existing in
this area 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.
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 not result in a significant increase in traffic. The City Council
concludes that the proposed development will not result in 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.
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Interim Bylaw Section VI(E): The proposed development shall not result in an undue
adverse effect on utilization of renewable energy resources.
While the proposed development does not include renewable energy production on site, 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.
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 project
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.
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DECISION
Motion by h�o -e-� , seconded by iI& ED M 0 4A 4a n a► e, , to
approve Interim ZorAng Conditional Use Application #IZ-12-13 of Queen City 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.
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/abstai res
Pam Mackenzie — e�nay/abstain/not present
Sandra Dooley 7"nay/abstain/not present
Paul Engels — e nay/abstain/not present
Motion _car r l eA by a vote of D - _ p
Signed this I_ day of February 2013, by
Rosanne Greco, 6hair
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/defauIt.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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