HomeMy WebLinkAboutIZ-12-11 - Decision - 0005 Dorset Street#IZ-12-11
CITY OF SOUTH BURLINGTON
CITY COUNCIL
5 DORSET STREET
INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-11
FINDINGS OF FACT AND DECISION
Larkin Realty, hereafter referred to as the applicant, requests conditional use approval under the
Interim Bylaw to amend an existing PUD, demolish an existing two story, 89 unit hotel, and
construct a four story, 89 unit extended stay hotel at 5 Dorset Street.
The City Council held a public hearing on September 4, 2012, October 1, 2012, and October 22,
2012. Greg Rabideau of Rabideau Architects 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 amend an existing PUD,
demolish an existing two story, 89 unit hotel, and construct a four story, 89 unit extended
stay hotel at 5 Dorset Street.
2. The owner of record of the subject property is Larkin Tarrant and Hoehl Partership c/o
Larkin Realty.
3. The application was received on July 31, 2012.
4. The subject property is located in the Commercial 1- Residential 12 Zoning District.
5. The proposed hotel will be one of three structures in the amended PUD. The other two
structures and uses are a 71 unit hotel (Comfort Inn) and a 9,522 square foot restaurant
space (formerly Friendly's).
6. The plans submitted consist of a five (5) page set of plans, the first page entitled,
"Landscape Plan, 5 Dorset Street," prepared by Green Mountain Earth Care, last dated,
6/20/12.
7. Applicant proposes an expansion of existing parking by twenty-three spaces,
reconfiguring (narrowing) the principal curb cut and addition of a one way vehicle
connection to the adjacent University Mall at the back of the property.
8. Applicant proposes no change in number of hotel units so there should be no adverse
impact on community services.
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9. In this area along Williston Road and Dorset Street there is existing similar dense
commercial development.
10. Written testimony states that there is no change in ITE trip generation for the proposed
hotel from what was previously generated.
11. 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.
12. 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 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 12 Zoning
District and, therefore, is subject to the Interim Bylaw.
Interim Bylaw Section III: 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 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 amend an existing PUD by replacing an existing two story, 89 unit hotel,
with a four story, 89 unit extended stay hotel at 5 Dorset Street, is prohibited by the Interim
Bylaw pursuant to Section III(A, B, and C) above, and does not qualify for an exemption under
Section IV of the Interim Bylaw.
ll. 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.
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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 in the City Center / Williston Road area, and could
be considered as part of the gateway area into City Center located within an area of the City in
which the City is contemplating the adoption of Form Based Code regulations. The proposed
four story building fronts on Dorset Street and the proposed parking will be to the side and
behind the building. The curb cut will be narrowed with a pedestrian island constructed to
provide refuge. 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 Dorset Street/Williston Road area. The proposed development will not be
contrary to any Form Based Code regulations that the City is contemplating for this area.
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 Dorset Street, and is situated at the
Dorset Street/Williston Road intersection. While the proposed project does not conserve any
additional open space, it does not result in any loss of open space.
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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 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 no net increase in the number of hotel 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 will replace existing commercial development with the
same number of hotel units but two stories taller, the proposed development is similar to the
surrounding hotels and other commercial uses in the area and does not impact the existing
patterns of use. 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 an 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.
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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.
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.
The City Council encourages the applicant to explore the use of rooftop solar panels. 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
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 &. ,, J)A,LkenZ(.c/seconded by Dooie to approve Interim Zoning Conditional
Use Application #IZ-12-11 of Larkin Realty, subjbct 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 — e /nay/abstain/not present
Pam Mackenzie — e nay/abstain/not present
Sandra Dooley — e nay/abstain/not present
Paul Engels —)ea ay/abstain/not present
Motion ra r r i �rj by a vote of _5-- o - o
,mod
Signed this day of -t>e2012, by
Rosanne Greco, 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/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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