HomeMy WebLinkAboutIZ-12-06 - Decision - 0201 Allen Road#IZ-12-06
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CITY OF SOUTH BURLINGTON
CITY COUNCIL
201 ALLEN ROAD
INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-06
FINDINGS OF FACT AND DECISION
John Larkin, hereafter referred to as the applicant, requests conditional use approval under 24
V.S.A. §4415 and the Interim Bylaw to construct a forty (40) unit planned unit development
(PUD) (Phase One of a seventy-one (71) unit project) on 26.2 acres at 201 Allen Road.
The City Council held a public hearing on June 11, 2012, August 20, 2012, September 18,
2012, October 22, 2012, November 19, 2012, December 17, 2012, January 7, 2013, and
February 4, 2013. Skip McClellan from Ruggiano Engineering, Inc. represented the applicant at
these hearings.
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. The applicant requests conditional use approval under 24 V.S.A. §4415 and the Interim
Bylaw to construct a forty (40) unit planned unit development (Phase One of a seventy-
one (71) unit project) on 26.2 acres at 201 Allen Road. Applicant has not yet requested
approval of, and the City Council has not reviewed, the 31-unit Phase Two.
2. The owner of record of the subject property is John Larkin.
3. The application was received on April 3, 2012.
4. The subject property is located in the Residential One and Two Zoning Districts. Of the
26.2 acres only 1.2 acres is in the R-1 District. The minimum lot size for these Districts
is 12,000 square feet for a single-family dwelling.
5. The plans indicate two (2) triplexes, six (6) single family dwellings and fourteen (14) two
family dwelling units for a total of forty (40) dwelling units.
6. The plans submitted consist of a three (3) page set of plans, entitled "Farm Stand South
Sketch Plan," prepared by Ruggiano Engineering, Inc., and dated 10/23/12.
7. Applicant's testimony at the hearing indicates at least fifteen (15) two bedroom units,
fifteen (15) three bedroom units, two (2) four bedroom units and four (4) one bedroom
units would be constructed on site. The remainder would be some combination of units.
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8. Applicant's written testimony proposes that most of the units would be priced at or below
$239,000.
9. The written testimony stated that fifty (50) garden plots of 200 square feet each would be
provided on the northeast side of the property.
10. The resulting development will leave about 16.0 of the 26.2 acres of open space,
consisting of open fields, mixed tree forest and either wetland or wetland buffer, for the
purpose of screening and protecting the proposed homes and roadways and to be an
asset for the future homeowners and the City.
11. In this area along Allen Road there is existing residential development including multi-
family and single family dwelling units.
12. There are wetlands located along the southern portion and the middle of the property.
No other environmental limitations (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.
13. The proposed subdivision does not include renewable energy production on site.
CONCLUSIONS OF LAW
1. 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 residential development is within the Residential 2 District and is therefore
subject to the Interim Bylaw.
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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.
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 presently is contemplating.
The proposed development, to construct a forty (40) unit planned unit development (Phase One
of a seventy-one (71) unit project) on 26.2 acres at 201 Allen Road is prohibited by the Interim
Bylaw pursuant to Section III (A and B) 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.
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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 VI 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 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 planned unit development 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. Forty units of housing are proposed. Housing is oriented to face the street,
and includes a variety of styles and types that are clustered on the lot near Allen Road. The
applicant is encouraged to incorporate additional FBC style design elements into the design of
the buildings as the project moves forward. The proposed development will not be contrary to
any Form Based Code regulations that the City is contemplating for this area.
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The proposed planned unit development creates a 16 acre area of open space which also
conserves forested areas, and wetland area and buffer. In addition, sustainable agriculture is
supported through the dedication of fifty (50) garden plots of 200 square feet each.
The proposed planned unit development creates forty (40) units of housing of various types and
for various income levels. Applicant proposes to sell most of the units at or below $239,000.
These efforts further 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 therefore, 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 Ill 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
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.
The proposed planned unit development will result in new demands on existing municipal water
and wastewater services but sufficient capacity exists to accommodate the development. Any
adverse effect is not considered undue. The City Council therefore concludes that the proposed
planned unit development 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 planned unit development creates residential development similar to that
existing in this area along Allen Road, the City Council concludes that the proposed planned
unit development 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 planned unit development, which includes forty (40) dwelling units, will result in
an increase in traffic on roads and highways in the vicinity. The City Council is confident with
the standards for review in the Land Development Regulations and that traffic generated by the
proposed project will be reviewed in detail by the Development Review Board. Any changes to
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the project resulting from the DRB's review will require additional review by City Council. As the
City Council concludes below, if the applicant receives approval from the Development Review
Board, then the proposed planned unit development 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.
There are wetlands on the site. The applicant proposed to preserve 16 acres of open space
which will include the wetland areas and the buffer, open fields, and forested areas. No other
environmental limitations (steep slopes, shallow depth to water tables) or significant natural
resources (wildlife habitat or corridors, rare tree stands, etc.) are apparent on the subject
property. There are no adjacent connected environmental limitations or significant natural
resources.
Based on these findings, the City Council concludes that the proposed planned unit
development 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 planned unit development does not include renewable energy production on
site, the proposed planned unit development does not preclude the use of renewable energy by
adjacent properties. Thus, the City Council concludes that the proposed planned unit
development 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 planned unit development 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 planned unit development 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.
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All other city ordinances
If the following condition is met, the proposed planned unit development 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
planned unit development 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 r 6,-I- r r- % ia, %%wa,k , seconded by � h ri 5 5hA,w _,to
approve Interim Zoning Conditional Use Application #IZ-12-06 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. Of the forty (40) units proposed, at least fifteen (15) units must contain two bedrooms, at
least fifteen (15) units must contain three bedrooms, at least two (2) units must contain
four bedrooms, and at least four (4) units must contain one bedroom.
4. At least 27 of the 40 proposed residential units shall be sold at a sales price at or less
than $239,000 which is affordable to families making 80% of Chittenden County median
income.
5. The plat submitted to the DRB shall delineate the 16 acres of undeveloped land and
designate said 16 acres of land as open space that shall not be developed.
6. The applicant shall receive approval from the Development Review Board prior to
issuance of a zoning permit.
7. The applicant shall obtain a zoning permit prior to the commencement of any land
development.
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8. Applicant shall receive all other applicable City permits.
9. 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
Helen Riehle —may/abstain/not present
Rosanne Greco — yea r��lya 'abstain/not present
Pat Nowak —�ay/abstain/not present
Chris Shaw —may/abstain/not present
Motion car r rea) by a vote of —�(-- / - D
Signed this � day of March 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://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.
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