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Home My WebLink AboutZB-12-03 - Decision - 0029 Birch Street#IZ-12-03 I CITY OF SOUTH BURLINGTON CITY COUNCIL 29 BIRCH STREET INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-03 FINDINGS OF FACT AND DECISION Robert Provost, hereafter referred to as the applicant, requests approval pursuant to 24 V.S.A. §4415(d) and Section VI under the Interim Bylaw for conditional use approval to subdivide a 0.57 acre lot developed with two single family dwellings into two (2) lots, 29 Birch Street. The City Council held a public hearing on May 14, 2012 and June 18, 2012. Robert Provost represented the applicant. Based on testimony provided at the above mentioned public hearings 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. The Applicant request approval pursuant to 24 V.S.A. section 4415(d) and Section VI under the Interim Bylaw for conditional use approval to abandon the Planned Unit Development designation of the subject 0.57 acre currently developed with two single family dwellings, one of which includes an accessory apartment, and an accessory garage structure, and to subdivide the 0.57 acre lot into two (2) lots, 29 Birch Street. 2. The owner of record of 29 Birch Street is Robert L. Provost of 29 Birch Street. 3. The application was received on February 29, 2012. 4. The subject property is located in the Residential 4 Zoning District. 5. The plans submitted consist of one page entitled "Subdivision of Lands of Robert Provost, 27 Birch Street," by Richard Bell, Surveyor, Dated October 25, 2007 and modified by the applicant for this application, received February 29, 2012. 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. FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_03_29BirchSt_Provost_ffd.doc #IZ-12-03 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 (B), 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. While staff originally considered the application complete, it became clear that applicant had not included several necessary pieces of information, including the location of the new boundary line between the proposed two new lots, the location of the single family dwelling on the "back" new lot and the location of the required right-of-way. As a result, the City Council cannot conclude that the application overcomes the presumption that this proposed development is prohibited and cannot make the findings required by 24 V.S.A. §4415 (d) and (e). ll. 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). Even when the City Council so concludes, the Council also must 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). For the reasons set forth below, based on the information that applicant did submit, the City Council concludes that the proposed project is 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: 2 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_03_29BirchSt_Provost_ffd.doc #IZ-12-03 "Adopt a Form Based Code -style of regulation for the City Center and adjacent Williston Road area and possibly other areas of the City." The City is in the process of formulating Form Based Code regulations for the City Center/ Williston Road area 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 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. Applicant's property is located very close to one of the City Center zoning districts and within the area in the City considered for form based code zoning. The Applicant proposes to subdivide his property which is currently a planned unit development into two separate lots with a single family house on one lot and a single family house with an accessory apartment on the other lot. The Purpose in Section I of the Interim Bylaw also states that the City is studying a more affordable housing known as "cottage housing" and the results of this study are not yet known. The proposed subdivision of this land may or may not prelude future housing options that the City ultimately may adopt. Additional purposes of the Interim Bylaw include giving the City time to complete the update of the Comprehensive Plan and to amend the Land Development Regulations to address the loss of open space in the City. One purpose of a planned unit development is the ability to preserve open space by clustering the development. The proposed change from a planned unit development to two lots, each developed with a single-family dwelling, will eliminate this option and therefore will or could be contrary to open space conservation options that the City ultimately may adopt. As a result of these unknowns, the City Council concludes that the proposed project will or could be contrary to the amendments to the Land Development Regulations that the City ultimately adopts. For this reason, the City Council does not reach review of the application under the modified conditional use criteria in 24 V.S.A. §4415 (d) and (e) and Section VI of the Interim Bylaw. The City Council denies applicant's request to authorize the issuance of permits for the proposed project. DECISION y� Motion by? V1� �S seconded by S VDO� to approve this written Findings of FactAnd Decision in Interim Zoning Conditional a Application #IZ-12-03 of Robert Provost. Rosanne Greco— a nay/abstain/not present Helen Riehle — yea nay/abstain/ o e Pam Mackenzie a nay/abstain/not present Sandra Dooley — e /nay/abstain/not present Paul Engels — ea ay/abstain/not present 3 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_03_29BirchSt_Provost_ffd.doc #IZ-12-03 Motion Cyr feat by a vote of O - o Signed this l( day of 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://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. 4 FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2012\IZ_12_03_29BirchSt_Provost_ffd.doc