HomeMy WebLinkAboutIZ-13-05 - Decision - 0462 Shelburne Road#IZ-13-05
CITY OF SOUTH BURLINGTON
CITY COUNCIL
462 SHELBURNE ROAD
INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-13-05
FINDINGS OF FACT AND DECISION
Pizzagalli Properties, LLC, hereafter referred to as the applicant, requests conditional use
approval under the Interim Bylaw to amend a previously approved planned unit development
consisting of: 1) razing an existing 48 room motel (Liberty Inn & Suites) consisting of five (5)
buildings on two (2) parcels, 2) constructing a 3-story 31,280 sq. ft. general office building with
45 parking spaces on the southerly parcel, and 3) constructing a 72 parking space lot on the
northerly parcel. The amendment consists of: 1) removal of four (4) parking spaces, 2) revising
the brick screening wall on the north lot, 3) adding a sidewalk and entry canopy on the west
elevation of the building, and 4) minor landscaping modifications, 462 Shelburne Road.
The City Council held a public hearing on August 19, 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
Applicant requests Interim Zoning conditional use approval to amend a previously
approved planned unit development consisting of: 1) razing an existing 48 room motel
(Liberty Inn & Suites) consisting of five (5) buildings on two (2) parcels, 2) constructing
a 3-story 31,280 sq. ft. general office building with 45 parking spaces on the southerly
parcel, and 3) constructing a 72 parking space lot on the northerly parcel. The
amendment consists of: 1) removal of four (4) parking spaces, 2) revising the brick
screening wall on the north lot, 3) adding a sidewalk and entry canopy on the west
elevation of the building, and 4) minor landscaping modifications, 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 July 19, 2013.
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
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the parking areas.
6. The plans submitted consist of a sixteen (16) page set of plans, page one (1) entitled
"Proposed Site Redevelopment 462 Shelburne Road South Burlington Vermont 05403"
prepared by Civil Engineering Associates, Inc., dated 3/20/13 and last revised 7/12/13.
7. The applicant's testimony indicated a series of amendments to the plans previously
approved by the City Council as part of IZ-12-14. The testimony includes a statement
that the "previous discussions about the Standards for Review, the concerns listed in
Section BI in the Interim Bylaw and the general design are sufficient for this submittal."
8. The applicant's testimony indicated that a utility cabinet not shown on the plan reviewed
by the City Council may be needed on the site.
CONCLUSIONS OF LAW
I. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012
Interim Bylaw Section Ik 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 111: 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.
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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 is to amend a previously approved planned unit development consisting of: 1)
razing an existing 48 room motel (Liberty Inn & Suites) consisting of five (5) buildings on two
(2) parcels, 2) constructing a 3-story 31,280 sq. ft. general office building with 45 parking
spaces on the southerly parcel, and 3) constructing a 72 parking space lot on the northerly
parcel. The amendment consists of: 1) removal of four (4) parking spaces, 2) revising the brick
screening wall on the north lot, 3) adding a sidewalk and entry canopy on the west elevation of
the building, and 4) minor landscaping modifications 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 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
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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 amendments to the proposed development at 462 Shelburne Road are not substantive
changes and do not alter the conclusions set forth in the previous decision affecting this
development in Interim Zoning Application #IZ-12-14.
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 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.
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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.
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.
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.
Interim Bylaw Section VI(E): The proposed development shall not result in an undue
adverse effect on utilization of renewable energy resources.
Based on the amendments proposed in this application, the City Council concludes that the
proposed development is still consistent with the five standards and will not result in an undue
adverse effect on any of the five conditional use criteria.
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
subdivision will not result in an undue adverse effect on the Comprehensive Plan and other
municipal bylaws, ordinances, or regulations in effect.
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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 fl-l-r ZAa,,Q L41— seconded by C14 2 to approve
Interim Zoning Conditional Use Application #IZ-13-05 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 subject to the following
revisions:
a. The City Council approves the installation of a new fire hydrant, in a location to
be approved by the Fire Chief and the Development Review Board /
Administrative Officer, in the southwest portion of the property.
b. The City Council approves the possible installation of a utility cabinet (electrical
transformer) in a location to be determined by the Development Review
Board/Administrative Officer.
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.
Pam Mackenzie — `yea/nay/abstain/not present
Rosanne Greco yea/nay/abstain/not present
Helen Riehle — yea/nay/abstairrinot present
Pat Nowak -(yea/nay/abstain/not present
Chris Shaw -{&ea/nay/abstain/not present
Motion C by a vote of
.'F-Y-T,
Signed this 3 AP day of t 2013, by
Pam Mackenzie, Chair
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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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