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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 FIUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_12_5-9Exec_Bensen_ffd.doc #IZ-12-12 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 2 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_12_5-9Exec_Bensen_ffd.doc #IZ-12-12 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 3 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_12_5-9Exec_Bensen_ffd.doc #IZ-12-12 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 4 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_12_5-9Exec_Bensen_ffd.doc #IZ-12-12 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. FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_12_5-9Exec_Bensen_ffd.doc #IZ-12-12 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. 6 F:\USERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2012\IZ_12_12_5-9Exec_Bensen_ffd.doc #IZ-12-12 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. 7 FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2012\IZ_12_12_5-9Exec_Bensen_ffd.doc