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HomeMy WebLinkAboutIZ-12-04 - Decision - 1630 Dorset Street#IZ-12-04 CITY OF SOUTH BURLINGTON CITY COUNCIL 1630 DORSET STREET INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-04 FINDINGS OF FACT AND DECISION Larry and Leslie Williams, 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 an amendment to a 7.97 acre planned unit development consisting of a six (6) lot subdivision for a total of eleven units including one existing single family house. The amendment proposes to re -subdivide the six (6) lots into ten (10) lots for a total of eleven units, 1630 Dorset Street. The City Council held a public hearing on May 14 and June 18, 2012. Larry Williams 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 amendment of a 7.97 acre planned unit development consisting of a six (6) lot subdivision for a total of eleven units including one existing single family house. The amendment proposes to re -subdivide the six (6) lots into ten (10) lots for a total of eleven units, 1630 Dorset Street. 2. The owners of record of 1630 Dorset Street are Larry and Leslie Williams. 3. The application was received on March 6, 2012. 4. The subject property is located in the Village Residential Zoning District. 5. The plans submitted consist of nine (9) pages, page one (1) entitled "Overall Site Plan," prepared by Lamoureux & Dickinson Consulting Engineers, Inc., and dated 1/31/12. CONCLUSIONS OF LAW 1. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012 Interim Bylaw Section Ill: 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. l F:\USERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_04_1630DorsetSt_Williams_ffd.doc #IZ-12-04 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 proposed development is prohibited by the Interim Bylaw pursuant to subsections (A) and (B) 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 applicants have submitted a complete application for Conditional Use approval by the City Council pursuant to this section. IL OVERCOMING THE PRESUMPTION OF THE INTERIM BYLAW THAT THE PROPOSED PROJECT IS 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: 2 F:\USERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_04_1630DorsetSt Williams_ffd.doc #IZ-12-04 i)Adopt a Form Based Code -style regulations for the Williston Road/Dorset Street/City Center area and possibly other areas of the City: 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. The proposed subdivision is not within the City Center / Williston Road areas but may ultimately be subject to a form based code. ii) Include support of conservation of open space as a City goal in the Comprehensive Plan; provide the City time to complete the Comprehensive Plan update and consider amendments to the Land Development Regulations that address loss of open space in the City: Applicants propose to amend an approval for a Planned Unit Development that includes the creation of six lots. Under the current approval, one lot will have one dwelling unit and each of the remaining five lots will have a two-family dwelling. Applicants propose a Planned Unit Development with ten lots. Under this proposal, one lot will have a two-family dwelling and each of the remaining nine lots will have a single family dwelling. While the proposed amendment does not change the number of dwelling units, it does propose four more structures than the current approval, possibly resulting in a greater loss of open space. The amendment also proposes possibly two more structures than the current approval within fifty feet, but no less than 25 feet of, a wetland. iii) Include support of promotion of housing for people of all incomes and stages of life as a City goal in the Comprehensive Plan; provide the city time to complete the Comprehensive Plan update and consider amendments to the Land Development Regulations that address the decrease in the affordability of housing in the City: Applicants' proposed amendment does not include any specific proposal for affordable housing. The City has not completed the studies necessary to determine any proposed amendments to the Land Development Regulations and, therefore, does not know the potential or actual impact of this proposed development. As a result of these and the above 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 these reasons, 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. 3 F:\USERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_04_1630DorsetSt Williams ffd.doc #IZ-12-04 DECISION Motion by va- , seconded by i � Uhle-l!c , to approve this written Findings of Fact and ecision in Interim Zoning Condit nal Use Application #ZP-12- 04 of Larry and Leslie Williams. Rosanne Greco—�e�bnay/abstain/not present Helen Riehle — yea/nay/abstain/ presen Pam Mackenzie — yea/abstain/not present Sandra Dooley a ay/abstain/not present Paul Engels — e ay/abstain/not present Motion by a vote of 3 - I - 0 Signed this (�, day of � 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://vermontwudiciarV.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. 4 F:\USERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ-12_04_1630DorsetSt Williams—ffd.doc