HomeMy WebLinkAboutIZ-13-02 - Decision - 0192 0196 0200 0222 Dorset Street#IZ-13-02
CITY OF SOUTH BURLINGTON
CITY COUNCIL
192, 196, 200, and 222 DORSET STREET
INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-13-02
FINDINGS OF FACT AND DECISION
Malone Dorset Street Properties, LLC, hereafter referred to as the applicant, requests
conditional use approval under the Interim Bylaw to amend a previously approved planned unit
development consisting of a 33,733 sq. ft. gross floor area building with 31,351 sq. ft. (including
mezzanine) of retail food establishment use and 2,382 sq. ft. of short-order restaurant use
(currently the Healthy Living Market). The amendment consists of: 1) razing three (3) single
family dwellings, 2) constructing a 12,800 sq. ft. building for retail food use, and 3) constructing
a 2-story 14,000 sq. ft. building consisting of 7,000 sq. ft. of retail and/or short-order restaurant
use and 7,000 sq. ft. of general office use located in the Central District 1 Zoning District at 192,
196, 200, and 222 Dorset Street.
The City Council held a public hearing on April 15, 2013. David White and 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 Interim Zoning conditional use approval to amend a previously
approved planned unit development consisting of a 33,733 sq. ft. gross floor area
building with 31,351 sq. ft. (including mezzanine) of retail food establishment use and
2,382 sq. ft. of short-order restaurant use. The amendment consists of: 1) razing three
(3) single family dwellings, 2) constructing a 12,800 sq. ft. building for retail food use,
and 3) constructing a 2-story 14,000 sq. ft. building consisting of 7,000 sq. ft. of retail
and/or short-order restaurant use and 7,000 sq. ft. of general office use located in the
Central District 1 Zoning District at 192, 196, 200, and 222 Dorset Street.
2. The owner of record of the subject property is Malone Dorset Street Properties, LLC.
3. The application was received on March 14, 2013.
4. The subject property is 5.32 acres, located in the Central District 1 Zoning District.
5. The proposed project includes two buildings on the north side of the existing entry drive
for the existing building at 222 Dorset Street. The 12,800 sq. ft. building for retail food
use (Trader Joe's) is to be located on the western portion of the parcel along Dorset
Street with the second building of 14,000 sq. ft. with retail and/or short order food on the
first floor and general office use on the second floor with the remainder of the northern
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part of the parcel developed for the additional 125 parking spaces. A proposed
pedestrian plaza connects the two buildings and extensive screening, landscaping, and
trees are proposed around the parking area. Three single family dwellings fronting
Dorset Street will be razed.
6. The plans submitted consist of a twenty-five (25) page set of plans, the cover page
entitled, "Interim Zoning Application Plans for Trader Joe's," prepared by, DeWolfe
Engineering Associates, Inc. et al. last dated, 3/5/13.
7. Applicant's written testimony indicates that their traffic engineer has completed a traffic
analysis and concludes that acceptable levels of service can be achieved using the
existing signal phasing and equipment and the applicant agrees to extend the left turn
lane into the site by 20 feet.
8. Applicant's written testimony indicates the development will not have an adverse impact
on community services.
9. In this area along Dorset Street there is existing similar dense commercial development.
10. 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. However, the Applicant's written testimony states that the proposed
development has been designed with a stormwater collection, treatment, and detention
system which will reduce the peak discharge to below predevelopment levels and
reduce the amount of sediment in the runoff to below predevelopment levels.
11. Written testimony stated that the buildings would include natural daylighting and solar
heat gains, and that rainwater harvesting will be incorporated on site.
CONCLUSIONS OF LAW
1. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012
Interim Bylaw Section II: 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
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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.
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 to amend a previously approved planned unit development consisting of a 33,733
sq. ft. gross floor area building with 31,351 sq. ft. (including mezzanine) of retail food
establishment use and 2,382 sq. ft. of short-order restaurant use and raze three (3) single family
dwellings, 2) construct a 12,800 sq. ft. building for retail food use, and 3) construct a 2-story
14,000 sq. ft. building consisting of 7,000 sq. ft. of retail and/or short-order restaurant use and
7,000 sq. ft. of general office use located in the Central District 1 Zoning District at 192, 196,
200, and 222 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.
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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:
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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 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.)
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The proposed development of land is located within an area of the City in which the City is
contemplating the adoption of Form Based Code regulations. The proposed 12,800 sq. ft.
Trader Joe's building is positioned close to the corner of Dorset Street and the access drive to
Healthy Living Market. The second, two story 14,000 sq. ft. building fronts closely to the access
drive with a pedestrian plaza connecting the two buildings to encourage pedestrian activity and
create a more urban form of open space. Both buildings will have retail uses on the first floor
and a high amount of clear glazing consistent with a T-4 or T-5 transition zone. The parking is in
the back of the buildings and will be screened from both roads. The buildings have been
designed with attention to architectural details and frequent breaks and multiple entrances. The
design and function is well suited to a T-4 Form Based Code transition zone which may be
contemplated for this area of South Burlington.
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 City
Center 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 adjacent to densely
developed commercial areas and is located across from the University Mall. Edible plants and
trees however will be planted throughout the site.
The proposed commercial development will replace three existing single family dwellings
directly across from the University Mall. This area of Dorset Street is predominantly dense
commercial development. As part of the City's goals, additional housing units of varying degrees
of affordability are planned for City Center east of Dorset Street which may be a more suitable
location for housing.
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 III 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).
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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 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 is similar in scale to the commercial uses along Dorset
Street and does not conflict with potential Form Based Code for this area of City Center, 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.
Testimony received indicated that the traffic engineer's analysis concluded that acceptable
levels of service can be achieved using the existing signal phasing and equipment. The City
Council is confident with the standards for review in the Land Development Regulations and that
traffic generated by the proposed project will be reviewed in detail by the Development Review
Board (DRB). City Council also defers to the DRB the decision regarding the possible road
connection delineated on the site plan. Any changes to the project resulting from the DRB's
review will require additional review by City Council. As the City Council concludes below, if the
DRB grants final plat approval of the project proposed to City Council, then the proposed PUD
will not have 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.
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.
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
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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.
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.
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.
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DECISION
Motion by Pa i- jJ,wo, k , seconded by rAci S S/iku) , to approve
Interim Zoning Conditional Use Application #IZ-13-02 of Malone Dorset Street Properties, LLC,
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 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, Chair - )Onay/abstain/not present
Helen Riehle -nay/abstain/not present
Rosanne Greco - yea/nay/ st /not present
Chris Shaw - §�a /abstain/not present
Patricia Nowak y a/ ay/abstain/not present
Motion C-ay✓1 eo1 by a vote of `i - C-)
Signed this -6— day of May 2013, by
Pam Mackenzie, 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://vermontiudiciarV.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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