HomeMy WebLinkAboutIZ-12-02 - Decision - 0155 Dorset Street#IZ-12-02
CITY OF SOUTH BURLINGTON
CITY COUNCIL
155 & 205 DORSET STREET
INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-02
FINDINGS OF FACT AND DECISION
Finard Properties, LLC, and 205 DS, LLC, hereafter referred to as the applicants, request
approval pursuant to 24 V.S.A. §4415(d), (e) and Section VI under the Interim Bylaw for a
planned unit development 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, 155 and 205 Dorset Street.
The City Council held a public hearing on April 30 and May 21, 2012. Sheila McIntyre
represented the applicant.
Based on testimony provided at the above mentioned public hearing 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. Applicants request approval pursuant to 24 V.S.A. section 4415(d) and Section VI under the
Interim Bylaw for a planned unit development 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, 155 and 205 Dorset Street.
2. The owner of record of 155 Dorset Street is Finard Properties, LLC and of 205 Dorset Street
is 205 DS, LLC.
3. The application was received on February 14, 2012.
4. The subject property is located in the Commercial 1-Residential 12 Zoning District.
5. The plans submitted consist of three pages, page one (1) entitled "Existing Conditions Plan,"
prepared by Summit Engineering, Inc., and dated 1/9/12.
CONCLUSIONS OF LAW
1. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012
Interim Bylaw Section l/k 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.
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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 proposed development is prohibited by the Interim Bylaw pursuant to subsections (C), (D),
and (E) 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.
The applicant has submitted a complete application for Conditional Use approval by the City
Council pursuant to this section.
I/. OVERCOMING THE PRESUMPTION OF THE INTERIM BYLAW THAT THE PROPOSED
PROJECT /S 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,
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 "Adopt a Form Based Code -style of
regulation for the City Center and adjacent Williston Road area and possibly other areas of the
City."
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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. Applicants propose to construct a new building on a property that is along Dorset Street
across from one of the City Center zoning districts, Central District 1. The subject property is
within the area that has been assessed and discussed in first drafts of the City's Form Based
Code regulations.
The proximity of the project location to City Center increases the likelihood that the subject
property will be subject to Form Based Code regulations. The City is still formulating the Form
Based Code regulations that likely will apply to this area. 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 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), (e) and Section VI of the Interim Bylaw. The City Council denies applicants' request
to authorize the issuance of permits for the proposed project.
DECISION
Motion by 5Wd(r4 �!00%i seconded by �I eI tk) j le
,.to approve this written Findings of Fact
and Decision in Interim Zoning Conditional Use Application #ZP-12-02 of Finard Properties,
LLC, and 205 DS, LLC.
Rosanne Greco— nay/abstain/not present
Helen Riehle — ob /nay/abstain/not present
Pam Mackenzie — yea/abstain/not present
Sandra Dooley — e0/nay/abstain/not present
Paul Engels — &nay/abstain/not present
Motion ed by a vote of
Signed this 2 day of 3 o It 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://vermontoudiciary.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.
FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_02_155and205DorsetSt_UMall.doc