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.
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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:
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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.
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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.
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