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Home My WebLink AboutIZ-12-09 - Decision - 0200 Allen Road#IZ-12-09 CITY OF SOUTH BURLINGTON CITY COUNCIL INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-09 FINDINGS OF FACT AND DECISION John Larkin, hereafter referred to as the applicant, requests Interim Zoning conditional use approval for a subdivision to take an existing five (5) lot subdivision and adjust the lot lines to create four (4) lots at 200 Allen Road. The City Council held public hearings on July 16, 2012 and August 6, 2012. Skip McClellan from Llewellyn -Howley Inc. represented the applicant. Based on testimony provided at the above mentioned public hearings 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. John Larkin, hereafter referred to as the applicant, requests Interim Zoning conditional use approval to amend a five (5) lot subdivision by adjusting the lot lines to reduce the number of lots and reconfigure the remaining four lots at 200 Allen Road. 2. The owner of record of the subject property is Allen Road Land Company. 3. The application was received on June 21, 2012. 4. The subject property is located in the Residential One and Two Zoning Districts. 5. The plans submitted consist of a one (1) page set of plans, entitled "Irish Manor — Subdivision Sketch Plan," prepared by Llewellyn -Howley, Inc. dated 10/17/11. CONCLUSIONS OF LAW L 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. 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. FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_09_200AIlen_IrishManor_Larkin_ffd.doc R #IZ-12-09 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 (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 applicant has submitted a complete application for Conditional Use approval by the City Council pursuant to this section. II. 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). For the reasons set forth below, the City Council concludes that the proposed project is not 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: i) the adoption of 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 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 2 FAUSERSTIanning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_09_200AIlen_IrishManor_Larkin_ffd.doc #IZ-12-09 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 areas but within the City which still may be subject to Form Based Code regulations. No plans for the development of structures are proposed, and the subdivision eliminates a 0.1 acre sliver lot and transfers a total of 0.5 acres from the other three lots to the larger existing 7.0 acre lot. The proposed subdivision results in two 0.3 acre lots, one 0.4 acre lot and one 7.6 acre lot. For these reasons, the Council concludes that the proposed subdivision likely will not be contrary to any Form Based Code regulations that the City may adopt for this area. ii) including in the Comprehensive Plan as a City goal support of sustainable agriculture; The proposed subdivision makes the large 7.0 acre lot "R" larger, and so does not significantly diminish the capacity of the property to support sustainable agriculture. iii) including in the Comprehensive Plan as a City goal support of conservation of open space; The proposed subdivision makes three lots slightly smaller (two at 0.3 acres and one at 0.4 acres), eliminates one lot and increases the area of the largest lot by 0.6 acres. There is an existing single family house on the resulting 7.6 acre lot, but applicant does not propose any further land development, so the remainder of the lot remains as open space. iv) including in the Comprehensive Plan as a City goal support of promotion of housing for people of all incomes and stages of life; The proposed subdivision is the elimination of a small lot 0.1 acre lot which is not viable for development. v) Other aspects of the Purpose statement in Section I of Interim Bylaw. Finally, the proposed subdivision does not impact the corridor studies, cottage housing studies, the updating of the Comprehensive Plan or the other related studies on Form Based Codes, Sustainable Agriculture/Food Security, or Affordable Housing. III, INTERIM BYLAW CONDITIONAL USE CRITERIA Even when the City Council finds the application overcomes the presumption outlined in Section II., the Council must also 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). 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. The proposed subdivision will not result in any new or additional demands on existing or planned community facilities, services or lands. 3 F.\USERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2012\IZ_12_09_200AIlen_IrishMa nor_Larkin_ffd.doc *IZ-12-09 Upon review and consideration of the above items, the City Council concludes that the proposed subdivision will not have an adverse effect on the capacity of existing or planned community 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. The proposed subdivision eliminates a small lot 0.1 acre lot which is not viable for any development. Upon review and consideration of the above items, 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. The proposed subdivision will not result in any increase in traffic. Upon review and consideration of the above items, the City Council concludes that the proposed subdivision will not have an adverse effect on the 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. 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 development is proposed for the lots. There are no adjacent connected environmental limitations or significant natural resources. Upon review and consideration of the above items, 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 Zoning Section VI(E): The proposed development shall not result in an undue adverse effect on utilization of renewable energy resources. 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. Upon review and consideration of the above items, the City Council concludes that the proposed subdivision will not have an adverse effect on utilization of renewable energy resources. M F.\USERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2012\IZ_12_09_200AIlen_IrishManor Larkin_ffd.doc #IZ-12-09 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 Burlinqton Comprehensive Plan Goals (adopted March 9, 2011) Upon review and consideration of all the above items, 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) 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 In order to meet this standard, the Council requires that the applicant receive all other applicable city permits. Upon review and consideration of the above items, 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. The proposed use is consistent with the health, safety, and welfare of the municipality. 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. DECISION Motion by RJ t= seconded by PGm ►Nlacktnz;4to approve Interim Zoning Conditional Use Application #IZ- 2-09 of John Larkin, 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. 5 F.\USERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_09_200AIlen_IrishManor_Larkin_ffd.doc #IZ-12-09 4. The applicant shall obtain a zoning permit prior to the commencement of any land development. 5. 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 — yea/nay/abstainhlo res Pam Mackenzie —jlnay/abstain/not present Sandra Dooley — ea nay/abstain/not present Paul Engels a nay/abstain/not present Motion ro rr%.eot by a vote of _�L_- Q - O Signed this —_q� day of <.;ep4m 6e r 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://vermontiudiciary.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. IJ FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2012\IZ_12_09_200AIlen_IrishManor_Larkin_ffd doc