HomeMy WebLinkAboutIZ-12-01 - Decision - 1000 Shelburne Road#IZ-12-01
CITY OF SOUTH BURLINGTON
CITY COUNCIL
NEW ENGLAND FEDERAL CREDIT UNION
INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-01
FINDINGS OF FACT AND DECISION
New England Federal Credit Union, hereafter referred to as the applicant, requests approval
pursuant to 24 V.S.A. section 4415(d) and Section VI under the Interim Bylaw for a planned unit
development to: 1) raze an existing 5,200 sq. ft. bank and office building, and 2) construct a
4,850 sq. ft. drive -through and bank building, 1000 Shelburne Road.
The City Council held a public hearing on April 30 and May 21, 2012. Jeff Olesky represented
the applicant.
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 City Council finds,
concludes, and decides the following:
FINDINGS OF FACT
1. Applicant requests approval pursuant to 24 V.S.A. section 4415(d) and Section VI under the
Interim Bylaw for a planned unit development to: 1) raze an existing 5,200 sq. ft. bank and office
building, and 2) construct a 4,850 sq. ft. drive -through and bank building, 1000 Shelburne Road.
2. The owner of record of the subject property is New England Federal Credit Union.
3. The application was received on January 31, 2012.
4. The subject property is located in the C1-R15 Commercial Zoning District.
5. The plans submitted consist of a 6 page set of plans, page one (1) entitled "New England
Federal Credit Union 1000 Shelburne Road South Burlington, Vermont", prepared by Civil
Engineering Associates, and dated 7/14/11, last revision 4/13/12.
CONCLUSIONS OF LAW
I. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012
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.
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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 proposed development is prohibited by the Interim Bylaw pursuant to subsections (C), (D),
and (E) above. The proposed development does not qualify for an exemption under Section IV
of the Interim Bylaw.
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 applicant has submitted a complete application for Conditional Use approval by the City
Council pursuant to this section.
Il. OVERCOMING THE PRESUMPTION OF THE INTERIM BYLAW THAT THE PROPOSED
PROJECT IS PROHIBITED
The main purpose of an interim bylaw is to temporarily preserve the existing land uses and
maintain the status quo while the municipality formulates it's permanent zoning bylaws. See
Town of Mendon v. Ezzo, 129 Vt. 351, 356-357, 358 (1971); see also Section I of the Interim
Bylaw( " ... the 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 whatever amendments to the Land Development
Regulations that the City ultimately adopts. See Section III of the Interim Bylaw.
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 a specific development proposal is not the type of development that will or could be
contrary to the amendments to the Land Development Regulations that the City adopts. See 24
V.S.A. §4415(d).
For the reasons set forth below, the City Council concludes that the proposed project is not the
type of development that will or could be contrary to the amendments to the Land Development
Regulations that the City adopts.
In making its determination, the City Council uses the Purpose statement in Section I of the
Interim Bylaw, which includes, but is not limited to:
i) Adopt a Form Based Code -style regulations for the Williston Road/Dorset Street/City
Center area and possibly other areas of the City:
The City is in the process of formulating Form Based Code regulations for the City Center and
determining what additional areas of the City, if any, to which the Form Based Code regulations
will apply. Form Based Codes focus on physical form rather than on uses and address the
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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 is not within the City Center/ Williston Road areas but could possibly be subject to
a form based code. The proposed building fronts on Shelburne Road and there will be a new
sidewalk extending from the existing sidewalk along Shelburne Road to the new front entrance.
The application proposes to locate the parking behind the building, remove one of the two curb
cuts on Laurel Hill Drive and extend the sidewalk east along Laurel Hill Drive to the eastern
property line. The function and form, including scale and access, of the proposed structure
likely are consistent with potential Form Based Code regulations that the City might adopt for
the Shelburne Road corridor.
Include support of sustainable agriculture as a City goal in the Comprehensive Plan:
Existing development on the property is located on soils classified as "prime"
agricultural soils. The proposed commercial development will replace existing
commercial development on the property. The property has frontage on Shelburne
Road, one of the two main developed corridors in the City. 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 build-up areas should no
longer be considered Important Farmland."
iii) Include support of conservation of open space as a City goal in the Comprehensive
Plan:
The proposed commercial development will replace existing commercial
development on the property. Moreover, the subject property has frontage on
Shelburne Road, one of the two main developed corridors in the City. While the
proposed project does not conserve any additional open space, it does not result in
any loss of open space.
iv) Include support of promotion of housing for people of all incomes and stages of life as a
City goal in the Comprehensive Plan:
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.
v) Other aspects of the Purpose Statement in Section I. of the Interim Zoning Bylaw:
The proposed development is located adjacent to Shelburne Road, an area that has
been examined as part of the Cars to People and Shelburne Road Corridor Study.
These studies emphasize ease of pedestrian access, site design, and multi -modal
access and circulation. The proposed building fronts on Shelburne Road and there
will be a new sidewalk extending from the existing sidewalk along Shelburne Road to
the new front entrance. The application proposes to remove one of the two curb cuts
on Laurel Hill Drive and extend the sidewalk east along Laurel Hill Drive to the
eastern property line. In addition, the proposed development moves the remaining
curb cut on Laurel Hill Drive further away from Shelburne Road to allow for better
turning movements and queuing at the signal at the intersection of Laurel Hill Drive
and Shelburne Road.
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III. INTERIM BYLAW CONDITIONAL USE CRITERIA
Even when the City Council finds the application overcomes the presumption outlined in Section
II., the Council must also find that the specific development proposal will not have an undue
adverse effect on any of the criteria in Section VI of 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 proposed development will use less water
and sewer capacity because the proposed building is smaller than the existing building.
Upon review and consideration of these items, the City Council concludes that the proposed
development will not have an 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.
The subject property is directly adjacent to Shelburne Road, one of the two main developed
corridors in the City. The Comprehensive Plan describes the current conditions of the
Shelburne Road Area, in relevant part, as follows: "Both business and residential areas are
heavily concentrated along Shelburne Road ... [b]oth sides of the Shelburne Road frontage are
heavily developed commercial strips . . . [t]o the east of Shelburne Road lies the heaviest
residential concentration in this [Southwest] area of the City . . . [t]his large area contains
several distinct neighborhoods [including] Laurel Hill .. " See Chapter 5, pages 22-23.
The proposed commercial development will replace existing commercial development. The
project will replace the existing two-story building with a 5,200 square foot footprint with a one-
story building with a 4,850 square foot footprint. Surrounding properties to the west, north and
south of the subject property, which also make up the frontage of Shelburne Road, contain
commercial uses at a scale similar to that of the proposed new one-story bank building. The
existing building is located close to Shelburne Road, allowing both a greater distance between
the commercial building and the Laurel Hill neighborhood to the east and the location of the
parking lot behind the building. The proposed building will maintain the same distance from
Shelburne Road. In addition, the proposed project includes the extension of the landscaped
area along the eastern property line to the west, thereby creating more screening and
separation between the commercial use on the property and the residential use to the east of
the property.
Upon review and consideration of the above items, the City Council concludes that the
proposed development will not have an 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 addition of a drive -through is estimated to increase afternoon peak hour trip ends by 36.62.
However, this increase is offset by vehicular and pedestrian access improvements. The
proposed building fronts on Shelburne Road and there will be a new sidewalk extending from
the existing sidewalk along Shelburne Road to the new front entrance. The application
proposes to remove one of the two curb cuts on Laurel Hill Drive and extend the sidewalk east
along Laurel Hill Drive to the eastern property line. In addition, the proposed development
moves the remaining curb cut on Laurel Hill Drive further away from Shelburne Road to allow for
better turning movements and queuing at the signal at the intersection of Laurel Hill Drive and
Shelburne Road.
Upon review and consideration of the above items, the City Council concludes that the
proposed development will not have an 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.
The subject property does not appear to have any environmental limitations (wetlands, steep
slopes, shallow depth to water tables), or any significant natural resources (wildlife habitat or
corridors, rare tree stands, etc.). There are no environmental limitations or significant natural
resources on adjoining parcels.
Upon review and consideration of the above items, the City Council concludes that the
proposed development will not have an adverse effect on environmental limitations of the site or
area and significant natural resource areas and sites.
Interim Zoning Section VI(E): The proposed development shall not result in an undue
adverse effect on utilization of renewable energy resources.
The proposed development does not include renewable energy production. However, the
proposed development does not preclude the use of renewable energy resources by adjacent
properties, as the existing structure has two stories and will be replaced with a one-story
structure. Shelburne Road and Laurel Hill Drive are located between the subject property and
the properties to the west and north, respectively.
Upon review and consideration of the above items, the City Council concludes that the
proposed development will not have an 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.
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South Burlington Comprehensive Plan Goals (adopted March 9, 2011)
Upon review and consideration of all the above items, the City Council concludes that the
proposed development will not result in an adverse effect on the Comprehensive Plan.
Land Development Regulations (amended January 9, 2012)
In order to meet this standard, the Council requires that the applicant receive approval from the
Development Review Board prior to issuance of a zoning permit.
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 commencement of any land
development.
All other citv ordinances
In order to meet this standard, the Council requires that the applicant receive all other applicable
city permits.
Upon review and consideration of the above items, the City Council finds that the proposed
development will not have an undue adverse effect on the Comprehensive Plan and other
municipal bylaws, ordinances, or regulations in effect.
The proposed use is consistent with the health, safety, and welfare of the municipality.
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.
DECISION
Motion by _Y-,,; r t e .6ct -/� ►/seconded by J&� i L it i to approve Interim Zoning Conditional
Use Application #ZP-1 2-OY of New England Fed al Credit Union, 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 commencement of any land
development.
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5. Any changes to the 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 —( Cay/abstain/not present
Pam Mackenzie—)OWnay/abstain/not present
Sandra Dooley Oe /nay/abstain/not present
Paul Engels — e d nay/abstain/not present
Motion (; _ 4 , r rc l by a vote of 6 - 4 - (*,_
Signed this 'J- day of I c. i 2012, by
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://vermontwudiciarV.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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