HomeMy WebLinkAboutIZ-13-07 - Decision - 0222 Dorset Street#IZ-13-07
CITY OF SOUTH BURLINGTON
CITY COUNCIL
200 and 222 DORSET STREET & 59 GARDEN STREET
INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-13-07
FINDINGS OF FACT AND DECISION
Malone Dorset Street Properties, LLC, hereafter referred to as the applicant, requests
conditional use approval under the Interim Bylaw amend a previously approved planned unit
development consisting of: 1) a 33,733 sq. ft. gfa building with 31,351 sq. ft. (including
mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use, 2) a
12,800 sq. ft. building for retail food use, and 3) a 14,000 sq. ft. building for retail use. The
amendment consists of: 1) resubdividing the lots into three (3) lots, and 2) site modifications
including lighting, and architectural revisions to buildings #1 & #2 ,200 and 222 Dorset Street &
59 Garden Street.
The City Council held a public hearing on November 18, 2013. Paul Simon from White + Burke
Real Estate Investment Advisors, represented the applicant at the 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
Applicant requests conditional use approval under the Interim Bylaw amend a
previously approved planned unit development consisting of: 1) a 33,733 sq. ft. gfa
building with 31,351 sq. ft. (including mezzanine) of retail food establishment use and
2,382 sq. ft. of short-order restaurant use, 2) a 12,800 sq. ft. building for retail food use,
and 3) a 14,000 sq. ft. building for retail use. The amendment consists of: 1)
resubdividing the lots into three (3) lots, and 2) site modifications including lighting, and
architectural revisions to buildings #1 & #2 ,200 and 222 Dorset Street & 59 Garden
Street.
2. The owner of record of the subject property is Malone Dorset Street Properties, LLC.
3. The application was received on October 25, 2013.
4. The subject property is located in the Central District 1 Zoning District.
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5. The plans submitted consist of a twenty-five (28) page set of plans, the cover page
entitled, "Subdivision Sketch Plan Review and Site Plan Revisions for: 200 Dorset Street,
59 Garden Street, and 222 Dorset Street," prepared by, DeWolfe Engineering Associates,
Inc. et al. last dated, 10/18/13.
6. Applicant's written testimony indicates a series of amendments to the plans previously
approved by the City Council as part of #IZ-13-02. The testimony includes a statement
that "In summary, we request Interim Zoning review and approval of the 3-lot
subdivision request and site plan modifications as included in the updated plans dated
October 18, 2013. We believe the plan revisions and requests add to the vibrancy of the
city center district and goals of South Burlington."
CONCLUSIONS OF LAW
1. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012
Interim Bylaw Section 11: 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 Central District 1 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.
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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 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 amendment a planned unit development previously approved under #IZ-13-
02 consisting of: 1) a 33,733 sq. ft. gfa building with 31,351 sq. ft. (including mezzanine) of retail
food establishment use and 2,382 sq. ft. of short-order restaurant use, 2) a 12,800 sq. ft.
building for retail food use, and 3) a 14,000 sq. ft. building for retail use. The specific revisions,
consisting of the following: 1) resubdivide the lots into three (3) lots, and 2) complete site
modifications including lighting, and architectural revisions to buildings #1 & #2 ,200 and 222
Dorset Street & 59 Garden Street, are prohibited by the Interim Bylaw pursuant to Section
III(A,B, and C) above, and do not qualify for an exemption under Section IV of the Interim Bylaw.
11. 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.
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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 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 200 and 222 Dorset Street & 59 Garden
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-13-02.
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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 It/ 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.
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(E): The proposed development shall not result in an undue adverse
effect on utilization of renewable energy resources.
The proposed development does not preclude the use of renewable energy by adjacent
properties and does incorporates natural daylighting, solar heat gains, and rainwater harvesting
in their plans. 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.
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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 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
subdivision 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 A`—`7t-F-�0 R15"t-15 , seconded by C O Vr , to approve
Interim Zoning Conditional Use Application #IZ-13-07 of Malone Dorset Street Properties, 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 subject to the following
revisions proposed by the applicant at the public hearing. Three full sized (3) copies and one
digital copy of the revised plans shall be submitted to the Administrative Officer prior to
issuance of a zoning permit.
a. Additional window added to south (Garden Street) elevation of Building #1.
b. Upper portion of all second story windows lowered for Building #1.
3. Any signage depicted on the plat or plans submitted by the applicant shall not be
considered to be a part of this application.
4. The applicant shall receive approval from the Development Review Board prior to issuance
of a zoning permit.
5. The applicant shall obtain a zoning permit prior to the commencement of any land
development.
6. Applicants shall receive all other applicable City permits.
7. 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, Chair — yea/nay/abstain/not present
Helen Riehle — yea/nay/abstain/not present
Rosanne Greco —yea/nay/abstain/not present
Chris Shaw— yea/nay/abstain/not present
Pat Nowak —yea nay/abstain/not present
Motion F-AcZC by a vote of q - O - G
4h
Signed this day of November 2013, by
N- ,,k-,
Pat Nowak, Vice -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://vermont4udiciary.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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