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Home My WebLink AboutIZ-13-04 - Decision - 0016 IDX Drive#IZ-13-04 CITY OF SOUTH BURLINGTON CITY COUNCIL 16 IDX DRIVE / BLACKBERRY LANE INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-13-04 FINDINGS OF FACT AND DECISION Gardner & Sons Development Corp., hereafter referred to as the applicant, requests conditional use approval under the Interim Zoning to amend a previously approved planned unit development consisting of eight (8) two-family dwellings. The amendment consists of creating 16 "footprint lots", one (1) for each dwelling unit, Blackberry Lane. The City Council held a public hearing on June 17, 2013. David Burke of O'Leary Burke Associates and Brad Gardner represented the applicant at the hearing. 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. Applicant requests conditional use approval under the Interim Zoning to amend a previously approved planned unit development consisting of eight (8) two-family dwellings. The amendment consists of creating 16 "footprint lots", one (1) for each dwelling unit, Blackberry Lane. 2. The owner of record of the subject property is Gardner & Sons Development Corp (c/o Brad Gardner). 3. The application was received on May 16, 2013. 4. The subject property is located in the Residential 4 Zoning District. The plans submitted consist of a one (1) page set of plans, entitled, "Lands of Gardner & Sons Development Corp IDX Drive, South Burlington, Vermont Footprint Lot Preliminary Plat," prepared by Lamoureau & Dickenson Consulting Engineers, Inc., last dated, 1-10-13. The applicant's testimony indicated that "Quickly, the Duplex PRD was an approved project prior to IZ and will exist as originally approved regardless of IZ. The only change is the addition of 'Footprint Lots' around each Unit for Mortgage purposes to designate the Units and PUD's rather than Condominiums." 1 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\IZ_13_04_161DXDrive- BlackberryLn_Gardner_ffd.doc #IZ-13-04 CONCLUSIONS OF LAW I. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012 Interim Bylaw Section 11: 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 commercial development is within the Residential 4 Zoning District and, therefore, is subject to the Interim Bylaw. Interim Bylaw Section /it: 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 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. The proposal is to amend a previously approved planned unit development consisting of eight (8) two- family dwellings. The proposal of creating 16 "footprint lots", one (1) for each dwelling unit, Blackberry 2 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\IZ_13_04_161DXDrive- BlackberryLn_Gardner_ffd.doc #IZ-13-04 Lane, is prohibited by the Interim Bylaw pursuant to Section III(A, B, and C) above, and does not qualify for an exemption under Section IV of the Interim Bylaw. IL 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. 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 3 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\IZ_13_04_161DXDrive- BlackberryLn_Gardner_ffd.doe #IZ-13-04 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 development at 16 IDX Drive / Blackberry Lane includes only the creation of "Footprint Lots" and no other changes to the previously approved development. No changes affecting open space, sustainable agriculture, or the potential use of form based codes are proposed. The establishment of "Footprint Lots" is anticipated, according to the applicant, to reduced mortgage interest rates for future buyers. 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 the 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 /it 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 result in an undue adverse effect on any of the standards listed in 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. 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. 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. 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. Interim Bylaw Section VI(E): The proposed development shall not result in an undue adverse effect on utilization of renewable energy resources. 4 FIUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\IZ_13_04_161DXDrive- BlackberryLn_Gardner_ffd.doc #IZ-13-04 As the proposed applicant does not change the number or type of housing units, or the overall layout of the previously approved project, the City Council concludes that the proposed development is consistent with the five standards and will not result in an undue adverse effect on any of the five conditional use criteria. 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 project 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 project 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 project will not result in an undue adverse effect on all other City ordinances. 1. Applicants shall receive all other applicable City permits. Subject to the three conditions identified above, the City Council finds that the proposed development will not result in 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(le/e/, :e%Ie , seconded by ar.,,) , to approve Interim Zoning Conditional Use Application #IZ-13-04 of Gardner and Sons Development, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 5 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\IZ_13_04_161DXDrive- BlackberryLn_Gardner_ffd.doc #IZ-13-04 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. 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. Pam Mackenzie —e /nay/abstain/not present Rosanne Greco— e9/nay/abstain/not present Helen Riehle —(a/nay/abstain/not /nay/abstain/not present Pat Nowak—yea/nay/abstain/ f es�`' Chris Shaw —nay/abstain/not present Motion !LAar•o\kJ by a vote of 1V — — Signed this kt day of July 2013, by Pam Mackenzie, 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://vermontiudiciarV.org/GTC/environmental/defauIt.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. 6 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2013\IZ_13_04_161DXDrive- BlackberryLn_Gardner_ffd.doc