HomeMy WebLinkAboutIZ-12-07 - Decision - 1075 Hinesburg Road#iZ-12-07
CITY OF SOUTH BURLINGTON
CITY COUNCIL
1075 Hinesburg Road
INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-07
FINDINGS OF FACT AND DECISION
Rye Associates, LLC., hereafter referred to as the applicant, requests conditional use approval
under 24 V.S.A. §4415 and the Interim Bylaw to create a fifty-two (52) unit PUD including
fourteen (14) cottage style homes, sixteen (16) four-plex style homes, twenty-two (22) single
family homes, with 20,000 sq. ft. of commercial space in four (4) buildings at 1075 Hinesburg
Road.
The City Council held a public hearing on July 16, 2012, August 6, 2012, August 20, 2012,
October 1, 2012, and December 3, 2012. Greg Rabideau of Rabideau Architects 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. Rye Associates, LLC., hereafter referred to as the applicant, requests Interim Zoning
conditional use approval to create a fifty-two (52) unit, planned unit development (PUD)
including fourteen (14) cottage style homes, sixteen (16) four-plex style homes, twenty-
two (22) single family homes, with 20,000 sq. ft. of commercial space in four (4)
buildings at 1075 Hinesburg Road.
2. The owner of record of the subject property is Rye Associates, LLC.
3. The application was received on June 4, 2012.
4. The subject property is located in the SEQ-Neighborhood Residential and the SEQ-
Village Commercial Districts. The minimum lot size for each of these Districts is 12,000
square feet for a single-family dwelling.
5. The 20,000 square feet of commercial space is located in the Village Commercial District
on 2.86 acres, the residential development is located in the Neighborhood Residential
District on 15.15 acres.
6. The plans submitted consist of a four (4) page set of plans, entitled "Rye Associates
Planned Unit Development," prepared by Civil Engineers Associates, Inc., dated
December 2011.
1
FAUSERSTIanning & ZoninglDevelopment Review BoardT!ndings_Decisions4201311Z_12_07_1075 Hinesburg_RyeAssoc ffd.doc
#1Z-12-07
7. Written testimony indicates no limitations on service of municipal water to the PUD. The
City Airport Wastewater Treatment Facility was upgraded to enable additional
wastewater design flows.
8, The resulting development will consist of one 1.7-acres of open space of which half is
either wetland or wetland buffer.
9. In this area along Hinesburg Road there is existing commercial development across
(east of) Hinesburg Road and off of Meadowland Drive as well as further north on Tilley
Drive. South and adjacent to the development are two existing similarly dense
residential neighborhoods, Butler Farms and Oak Creek. To the north is undeveloped
land.
10. The written testimony states that there is adequate capacity on Hinesburg Road and the
local streets to accommodate the increase in traffic.
11. There are Class III wetlands located in the middle of the property running north to south-
southeast. 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. There are no adjacent connected environmental
limitations or significant natural resources
12. The proposed subdivision does not include renewable energy production on site.
13. Applicant proposes to sell six (6) of the proposed 52 dwelling units at a price that is
affordable to families making 80%, or $238,000, of Chittenden County median income,
which currently is $297,500. Applicant also proposes to reserve another four dwelling
units for buyers who qualify for the Vermont Housing Finance Agency's first time buyer
program.
14. The residential density proposed requires the transfer of 31 units of transferable
development rights (TDRs) from a separate parcel, which will conserve at least 25.8
acres of undeveloped land that the applicant has testified will be equal or better quality
rated soils as the soils on the subject property as defined by the USDA-NRCS Report:
"Farmland Classification Systems for VT Soils," revised June 2006.
CONCLUSIONS OF LAW
1. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012
Interim Bylaw Section H 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
2
FAUSERSTIanning & Zoning0evelopment Review Board\Findings_Decisions120131IZ_12-07_1075 Hinesburg_RyeAssoc ffd.doc
#IZ-12-07
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 SEQ-Neighborhood Residential District and
is therefore subject to the Interim Bylaw. The commercial development is within the SEQ-Village
Commercial District and is therefore not subject to the Interim Bylaw. Because this
development is a subdivision of land that partially falls within a district subject to Interim Bylaw
review, the development within the Village Commercial District may be reviewed in context of
the entire proposed development as a conditional use not otherwise permitted by this Interim
Bylaw.
Interim Bylaw Section 111: 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 16.07(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, a fifty-two (52) unit PUD including fourteen (14) cottage style
homes, sixteen (16) four-plex style homes, twenty-two (22) single family homes, with 20,000 sq.
ft. of commercial space in four (4) buildings, is prohibited by the Interim Bylaw pursuant to
Section III(B) above, and does not qualify for an exemption under Section IV of the Interim
Bylaw.
II. STANDARDS OF REVIEW
Interim Bylaw Section VI: Review of Applications
3
FAUSERSIPlanning & ZoningTevelopment Review Boa rdTindings_Decislons1201311Z_12_07_1075 Hine sburg_RyeAssoc_ffd.doc
#IZ-12-07
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 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.
4
FIUSERMPlanning & Zoning0evelopment Review Boa rdW1ndings_Decisions1201311Z_12_07_1075 Hinesburg_RyeAssoc_ffd.doc
#IZ-12-07
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 subdivision of land is not located in the City Center I 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. Fifty-two units of housing are proposed as well as 20,000 square feet of office
space. Housing is oriented to face the street, includes a variety of styles and types, includes
garages to the rear, side, or set back from the principal facade of the buildings, all of which are
in keeping with Form Based Code concepts. The proposed development will not be contrary to
any Form Based Code regulations that the City is contemplating for this area.
The proposed subdivision creates a 1.7 acre area in support of open space which also
conserves wetland area and buffer. In addition, sustainable agriculture is supported through the
conservation of open agricultural lands through the purchase and transfer of development rights
in 25.8 acres of land with equal or better quality rated soils as the soils on the subject property
as defined by the USDA-NRCS Report: "Farmland Classification Systems for VT Soils," revised
June 2006.
The proposed subdivision creates fifty-two (52) units of housing of various types and for various
incorne levels. Applicant proposes to sell six (6) of the proposed fifty-two (52) dwelling units at a
price that is affordable to families making 80% of Chittenden County median income, which
currently is $238,000. Applicant also proposes to reserve another four dwelling units for buyers
who qualify for the Vermont Housing Finance Agency's first time buyer program. 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 subdivision will result in new demands on existing municipal water and
wastewater services but sufficient capacity exists to accommodate the development. Any
5
FIUSERSVIanning & ZoniaglDevelopment Review Boarffindings_Declsion S12013UZ_12_07_1075 Hinesburg_RyeAssoc ffd.doc
#IZ-12-o7
adverse effect is not considered undue. The City Council therefore 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 does not impact the existing patterns of use and creates
commercial and residential development similar to that existing in this area along Hinesburg
Road, 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 PUD, which includes fifty-two (52) dwelling units, will result in an increase in
traffic on roads and highways in the vicinity, but the application indicates that this increase in
traffic will not result in an undue adverse impact. 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
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 PUD 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 Class III wetlands on the site. The applicant proposed to preserve 1.7 acres of open
space which will include the wetland areas and the buffer. 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. 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 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 subdivision does not include renewable energy production on site, the
proposed subdivision does not preclude the use of renewable energy by adjacent properties.
Thus, the City Council concludes that the proposed subdivision will not have an adverse effect
on utilization of renewable energy resources.
6
FAUSERSTIanning & Zoning\Development Review Boa rdlFindings_DecislonS12013VZ_12_07_1075 Hinesburg_RyeAssoc ffd.doc
#IZ-12-07
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 city ordinances
If the following condition is met, the proposed subdivision 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
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 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 . Po-VV\ M a,r,�a1 Z ie- seconded by �r P!'GL oo e , to
approve Interim Zoning Conditional Use Application #IZ-12-07 of Rye Associates, LC, subject
to the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
7
FAUSERS"anning & ZoninglDevelopment Review Boa rdTindings_Decisions12013MZ_12_07_1075 Htnesburg_RyeAssoc_ffd.doc
#IZ-12-07
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. Ten percent (10%) or six (6) residential units shall be sold at a sales price affordable to
families making 80% of Chittenden County median income, which currently results in a sales
price of $238,000. In addition, another four (4) units shall be sold to buyers who qualify for
the Vermont Housing Finance Agency's first time buyer program. .
4. As part of this PUD, the applicant proposes the transfer of development rights for 31 units of
the 52 dwelling units. The parcel of land in South Burlington's SEQ from which these
development rights are transferred shall conserve at least 25.8 acres of land with soils of an
equal or better quality rated soils as the soils on the subject property as defined by the
USDA-NRCS Report: "Farmland Classification Systems for VT Soils," revised June 2006.
5. The applicant shall receive approval from the Development Review Board prior to issuance
of a zoning permit.
6. The applicant shall obtain a zoning permit prior to the commencement of any land
development.
7. Applicant shall receive all other applicable City permits.
8. Any changes to the project plans shall require approval of the South Burlington City Council
so long as the Interim Bylaw remains in effect.
Rosanne Greco— ea/rgabstain/not present
Helen Riehle - Ca ay/abstain/not present
Pam Mackenzie — e naylabstain/not present
Sandra Dooley — ea ay/abstain/not present
Paul Engels — ea naylabstain/not present
Motion r nxrt-eon by a vote of `{ - l - 0
Signed this _]! day of January 2013, 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
8
FAUSEMPianning & Zoning\Development Review Boa rd\Findings_Decisions12013\lZ_12_07_1076 Hinesburg_RyeAssoc_ffd.doc
#fZ-12-07
Division at 802-828-1660 or htt ://vermontiudicia .or /GTC/e nvironmental/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.
9
FAUSERSTIanning & ZoningZ)evelopment Review Board Win dings_Decisions120i3%IZ_92_07_1075 Hinesburg_RyeAssoc M.doc