HomeMy WebLinkAboutIZ-12-12 - Decision - 0005 Executive Drive#IZ-12-12
CITY OF SOUTH BURLINGTON
CITY COUNCIL
INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-12
FINDINGS OF FACT AND DECISION
Bensen Development Company, hereafter referred to as the applicant, requests conditional use
approval pursuant to 24 V.S.A. §4415(d), (e) and Section VI under the Interim Bylaw for a
subdivision to amend an existing two (2) lot planned unit development and create an additional
lot for a three (3) lot planned unit development at 5-9 Executive Drive.
The City Council held a public hearing on September 4, 2012. Debra Bell, Trudell Consulting
Engineers Inc. 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. The applicant requests conditional use approval pursuant to 24 V.S.A. section 4415(d), (e)
and Section VI under the Interim Bylaw for a subdivision to amend an existing two (2) lot
planned unit development and create an additional lot for a three (3) lot planned unit
development at 5-9 Executive Drive.
2. The owner of record of the subject property is Bensen Development Company.
3. The application was received on August 3, 2012.
4. The subject property is located in the Commercial 1 (Cl) - Residential 12 (R12) Zoning
District. The subject property is surrounded by numerous commercial and residential uses on a
range of lot sizes.
5. The plans submitted consist of a one (1) page set of plans, entitled "Subdivision Plat Bensen
Development Company Limited Partnership," prepared by Trudell Consulting Engineers, Inc.
dated 7/24/12.
6. Applicant does not propose any additional development on any of the resulting three lots.
The proposed subdivision results in one 0.9 acre lot with 16 existing multi -family units, one 1.43
acre lot with two existing commercial buildings, and one undeveloped 1.31 acre lot.
7. The proposed subdivision and the resultant lot sizes are consistent with existing development
in the area.
8. The proposed subdivision will not result in any increase in traffic.
9. The subdivision site in question does not appear to have any environmental limitations
(wetlands, steep slopes, shallow depth to water tables), or significant natural resources (wildlife
habitat or corridors, rare tree stands, etc.). No additional development is proposed on any of
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the resulting three lots. There are no adjacent connected environmental limitations or significant
natural resources.
10. 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.
CONCLUSIONS OF LAW
I. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012
Interim Bylaw Section ll: 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 C1 - R12 Zoning District and is, therefore, 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
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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 that the City presently is contemplating.
The proposed development, a subdivision to amend an existing two (2) lot planned unit
development and create an additional lot for a three (3) lot planned unit development, is
prohibited by the Interim Bylaw pursuant to subsections III(A) and (B) above. The proposed
development 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 City Council shall be granted 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
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 Project Consistent with the Health, Safety, and Welfare of the City of
South Burlington?
To determine whether the proposed project is consistent with the health, safety, and welfare of
the City of South Burlington, the City Council considers if the specific development proposal is
the type of development that will or could be contrary to the amendments to the Land
Development Regulations and Comprehensive Plan that the City presently is contemplating.
The goals discussed in the Interim Bylaw's Purpose statement in Section I guide the City'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
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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
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 of land is located in the City Center / Williston Road areas, which are
likely to be subject to Form Based Code regulations. Applicant does not propose any additional
development on any of the resulting three lots. The proposed subdivision results in one 0.9
acre lot with 16 existing multi -family units, one 1.43 acre lot with two existing commercial
buildings, and one undeveloped 1.31 acre lot. Because no additional structures or uses are
proposed in conjunction with the subdivision, the proposed development will not be contrary to
the Form Based Code regulations that the City presently is contemplating.
The soils on this site may be classified as a Statewide soil map unit, and 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 build-up areas should no longer be considered Important Farmland." However,
some form of sustainable or urban agriculture may take place on this site or the applicant may
incorporate sustainable or urban agriculture into a future development proposal.
The proposed subdivision results in one additional lot, consisting of 1.31 acres, with no
structures proposed at this time so the lot will remain as open space. The proposed subdivision
does not increase or decrease the number of existing sixteen housing units currently located
there. The new lot creates the potential for additional housing units to be constructed.
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 Project Consistent with the Standards Identified as A through F in
Section Ill of the Interim Bylaw?
Even when the City Council concludes that a proposed project is consistent with the health,
safety, and welfare of the City of Couth Burlington, before it can approve an application, the
Council must also conclude that the proposed development will not have an undue adverse
effect on any of the standards listed in Section VI of the Interim Bylaw in order for the proposed
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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.
Applicant does not propose any new structures or uses on any of the three resulting lots.
Therefore, the proposed subdivision will not result in any new or additional demands on existing
or planned community facilities, services or lands, the City Council concludes that the proposed
subdivision will not have 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 subdivision and the resultant lot sizes are consistent with development in
the area, the City Council concludes that the proposed subdivision will not have 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.
Because the proposed subdivision will not result in any increase in traffic, the City Council
concludes that the proposed subdivision 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.
As stated above, the City Council finds that the subdivision site in question does not appear to
have any environmental limitations (wetlands, steep slopes, shallow depth to water tables), or
significant natural resources (wildlife habitat or corridors, rare tree stands, etc.). The Council
also finds that no additional development is proposed on any of the resulting three lots and that
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 undue adverse effect on environmental limitations of the site or area and significant natural
resource areas and sites.
Interim Zoning 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, it does
not preclude the use of renewable energy by adjacent properties. Thus, the City Council
concludes that the proposed subdivision will not have an undue adverse effect on utilization of
renewable energy resources.
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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 undue 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 citv ordinances
If the following condition is met, the proposed subdivision will not result in an undue adverse
effect on all other city ordinances:
1. The applicant shall receive all other applicable city permits.
Subject to the three conditions identified above, the City Council concludes 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 use is
consistent with both the health, safety and welfare of the City of South Burlington as well
as the standards identified as A through F in Section VI. of the Interim bylaw.
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DECISION
Motion by e 922 � , seconded by 461-11 mac, jj-e- , to approve
Interim Zoning Condifional Use 9pplication #IZ-12-12 of Bensen Development Company,
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. The applicant shall receive all other applicable city permits.
6. Any changes to the plans shall require approval of the South Burlington City Council so long
as the Interim Bylaw remains in effect.
Rosanne Greco nay/abstain/not present
Helen Riehle __qti�Wnay/abstain/not present
Pam Mackenzie - g'nay/abstain/not present
Sandra Dooley -nay/abstain/not present
Paul Engels - yg' nay/abstain/not present
Motion by a vote of,5- - O - 0
Signed this / ,? day of October 2012, by
C-4��� - -
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*udiciarV.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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