HomeMy WebLinkAboutIZ-13-08 - Decision - 0155 Dorset Street#IZ-13-08
CITY OF SOUTH BURLINGTON
CITY COUNCIL
155 DORSET STREET
INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-13-08
FINDINGS OF FACT AND DECISION
University Mall, LLC, hereafter referred to as the applicant, requests conditional use approval under the
Interim Bylaw to amend a planned unit development previously approved to: 1) incorporate the 205
Dorset Street parcel into the existing University Mall shopping center Planned Unit Development, 2) raze
an existing two-story commercial building, and 3) construct a 6,000 sq. ft. building to be used for
shopping center use. The amendment is to modify the sidewalk to the relocated ATM building to be
handicapped accessible by extending the sidewalk and relocating the ramp, 155 Dorset Street.
The City Council held a public hearing on November 18, 2013. Sheila McIntyre of Summit Engineering
and Heather Tremblay of University Mall, LLC 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 conditional use approval under the Interim Bylaw to amend a planned unit
development previously approved to: 1) incorporate the 205 Dorset Street parcel into the
existing University Mall shopping center Planned Unit Development, 2) raze an existing two-
story commercial building, and 3) construct a 6,000 sq. ft. building to be used for shopping
center use. The amendment is to modify the sidewalk to the relocated ATM building to be
handicapped accessible by extending the sidewalk and relocating the ramp, 155 Dorset Street.
2. The owner of record of the subject property is University Mall, LLC, c/o Finard Properties, LLC.
3. The application was received on October 25, 2013.
4. The subject property is located in the Commercial 1- Residential 12 Zoning District.
5. The plans submitted consist of a four (4) page set of plans, the first page entitled, "Overall Site
Plan 205 Dorset Street University Mall, 155 Dorset Street South Burlington Vermont" prepared
by Summit Engineering, last dated, 10/24/13.
6. The applicant's testimony indicated an amendment to the plans previously approved by the City
Council as part of #IZ-12-02. The testimony includes a statement that "I am submitting an
application for Interim Zoning Review to incorporate modify a previously approved sidewalk to
serve a relocated ATM at the University Mall site. The modification will provide improved ADA
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access to the ATM by shifting the ramp slightly to the south. There are no changes to the
building or any other site features, existing or approved. The shift in the ramp will result in an
additional 90 sf of sidewalk that is 5 ft wide."
CONCLUSIONS OF LAW
L 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 commercial 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.
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
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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 plan under #IZ-12-02 to: 1) incorporate the 205 Dorset
Street parcel into the existing University Mall shopping center Planned Unit Development, 2) raze an
existing two-story commercial building, and 3) construct a 6,000 sq. ft. building to be used for shopping
center use. The specific revision consisting of revising the previously approved plan under #IZ-12-02 to
modify the sidewalk to the relocated ATM building to be handicapped accessible by extending the
sidewalk and relocating the ramp, 155 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.
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 development proposal is the
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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 155 Dorset Street are not substantive changes and
do not alter the conclusions set forth in the previous decision affecting this development in Interim
Zoning Application #IZ-12-02.
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 111
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.
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.
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Based on the amendment 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 September 24, 2013)
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 or Administrative
Officer 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.
1. Applicants shall receive all other applicable City permits.
Subject to the three conditions identified above, the City Council finds that the proposed development
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.
DECISION
Motion by - ), ._ , seconded by Ri - t-- to approve Interim Zoning Conditional Use
Application #IZ-13-08 of University Mall, LLC, subject to the following conditions:
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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 or Administrative Officer
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 — ea/nay/abstain nt presence o
Rosanne Grec — ea ay/abstain/not present
Helen Riehlgeay/abstain/not
y/abstain/not present
Pat Nowak present
Chris Shaw /abstain/not present
Motion by a vote of _�_- 0 -
Signed this day of November 2013, by
Pam._Mac-ken-zie, Gba+r
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://vermont6udiciary.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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