HomeMy WebLinkAboutIZ-12-10 - Decision - 1721 Dorset Street#IZ-12-10
CITY OF SOUTH BURLINGTON
CITY COUNCIL
1721 DORSET STREET
INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-10
FINDINGS OF FACT AND DECISION
John and Kathleen Pennucci, hereafter referred to as the applicants, request conditional use
approval under the Interim Bylaw to create a two lot subdivision at 1721 Dorset Street.
The City Council held a public hearing on August 6, 2012, and October 1, 2012. John Stuart,
JH Stuart Associates represented the applicant.
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
1. John and Kathleen Pennucci, hereafter referred to as the applicants, requests Interim Zoning
conditional use approval to create a two lot subdivision at 1721 Dorset Street.
2. The owner of record of the subject property is John and Kathleen Pennucci.
3. The application was received on June 20, 2012.
4. The subject property is located in the SEQ-Village Residential District and the SEQ-
Neighborhood Residential Transition Districts. The minimum lot size for each of these Districts
is 12,000 square feet for a single-family dwelling.
5. The plans submitted consist of a one (1) page set of plans, entitled "John and Kathleen
Pennucci Subdivision Site Plan," prepared by JH Stuart Associates, dated 2/27/12.
6. Applicants propose to subdivide an existing 9.73-acre lot with an existing single-family
dwelling and two barn structures. The majority of the remainder of the lot is currently used for a
hay crop.
7. The resulting lots will consist of one 1.7-acre lot and one 8.03-acre lot. All the existing
structures will be located on the 1.7-acre lot. The 8.03-acre lot will remain in agricultural use.
No new structures or uses are proposed for either of the two resulting lots.
8. In this area along Dorset Street a single-family dwelling or a hay field on a large lot are
common types of development.
9. The proposed subdivision will not result in any increase in traffic
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10. No environmental limitations (wetlands, steep slopes, shallow depth to water tables) or
significant natural resources (wildlife habitat or corridors, rare tree stands, etc.) are apparent on
the subdivision site. There are no adjacent connected environmental limitations or significant
natural resources.
11. The proposed subdivision does not include renewable energy production on site.
CONCLUSIONS OF LAW
L 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
1. Mixed Industrial and Commercial District
J. Industrial and Open Space District
The proposed development is within the SEQ-Village Residential and the SEQ-Neighborhood
Residential Transition Districts 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
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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 adopts.
The proposed development, a two (2) lot subdivision of an existing 9.73-acre lot, is prohibited by
the Interim Bylaw pursuant to Section III(B) above, and does not qualify for an exemption under
Section IV of the Interim Bylaw.
ll. 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.
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.
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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.)
The proposed subdivision of land is not located in the City Center / Williston Road area, but it is
within an area of the City in which the City is contemplating the adoption of Form Based Code
regulations. No plans for the development of structures are proposed. The subdivision creates
one (1) 1.7 acre lot with an existing single-family house and two existing barns and a second,
8.03 acre lot that is not developed with any structures. Because no additional structures or use
are proposed in conjunction with the subdivision, the proposed development will not be contrary
to any Form Based Code regulations that the City is contemplating for this area.
The proposed subdivision creates an 8.06 acre lot that is undeveloped and relatively flat, and,
thus, does not significantly diminish the capacity of the property to support sustainable
agriculture. Additionally, this lot is currently used for a hay crop.
The proposed subdivision creates a residential lot with an existing single-family house and two
existing barns and creates the second lot consisting of 8.06 acres of open hay field. The
applicant does not propose any further land development of the second lot at this time, so the
lot remains as open space.
The proposed subdivision preserves an existing residence and is not inconsistent with the goal
of promoting housing for people of all incomes and stages of life.
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 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 1/1 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 have an undue adverse effect on any of the standards listed in
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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.
Applicants do not propose any new structures or uses on either of the two resulting lots. Thus,
the proposed subdivision 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
subdivision will not have an 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 subdivision does not impact the existing patterns of use and creates two
conforming lots similar to other lots along Dorset Street, the City Council concludes that the
proposed subdivision will not have an 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.
Because the proposed subdivision will not result in any increase in traffic, the City Council
concludes that the proposed subdivision will not have an 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 (wetlands, steep slopes, shallow depth to water tables) or
significant natural resources (wildlife habitat or corridors, rare tree stands, etc.) are apparent on
the subdivision site. No new structures or uses are proposed for either of the two resulting lots.
There are no adjacent connected environmental limitations or significant natural resources.
Based on these findings, the City Council concludes that the proposed subdivision will not have
an 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.
While the proposed subdivision does not include renewable energy production on site, the
proposed subdivision does not preclude the use of renewable energy by adjacent properties.
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Thus, the City Council concludes that the proposed subdivision will not have an 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 subdivision will not result in an adverse effect on the
Comprehensive Plan.
Land Development Regulations (amended May 7, 2012)
If the following conditions are met, the proposed subdivision 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 subdivision 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 have 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 K( ,�� j7, seconded by IVIIIjj ��Ale„ to approve Interim Zoning Conditional
Use Application #IZ-12-10 of John and Kathleen Pennucci, 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.
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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.
Rosanne Greco a /nay/abstain/not present
Helen Riehle — eWnay/abstain/not present
Pam Mackenzie — ea ay/abstain/not present
Sandra Dooley — nay/abstain/not present
Paul Engels —04nay/abstain/not present
Motion ! a seJ by a vote of S - G - 0
Signed this 22day of (pc�6b-a. 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://vermont*udiciary.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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