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HomeMy WebLinkAboutAgenda 05_SD-21-27_835 Hinesburg Rd_835 Hinesburg Rd LLC_SK#SD-21-27 Staff Comments 1 1 of 6 CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SD-21-27_835 Hinesburg Rd_835 Hinesburg Rd LLC_SK_2021-12-21.docx DEPARTMENT OF PLANNING & ZONING Report preparation date: December 15, 2021 Plans received: October 19, 2021 835 HINESBURG ROAD SKETCH PLAN APPLICATION #SD-21-27 Meeting Date: December 21, 2021 Owner/Applicant 835 Hinesburg Road, LLC 2 Church Street Burlington, VT 05401 Engineer Lamoureux & Dickinson 14 Morse Drive Essex, VT 05452 Property Information Tax Parcel 0860-00835 113.8 acres Location Map #SD-21-27 Staff Comments 2 2 of 6 PROJECT DESCRIPTION Sketch plan application #SD-21-27 of 835 Hinesburg Road LLC to subdivide an existing 113.8 acre parcel into six (6) lots ranging from 8.1 acres to 57.5 acres, construct four (4) public streets on the 8.1 acre lot, and twenty four (24) buildings for a mix of industrial and commercial uses ranging from 17,500 sf to 66,000 sf and totaling 770,250 sf with 1,970 parking spaces on the remaining 8.5 to 57.5 acre lots, 835 Hinesburg Road. PERMIT HISTORY The Project is located in the Industrial/Open Space Zoning District. A portion of the property is also located within the Interstate Highway Overlay District. The applicant submitted application #IZ-21-04 for approval under the Interim Bylaws. The City Council reviewed the application on November 8, 2021 and denied the application that same night. The basis of the denial included the following two specific conclusions, in additional to general conclusions about consistency with City regulations. 1. The proposed project will or could be contrary to the amendments to the Land Development Regulations that the City adopts. 2. The application also includes a proposed roadway and associated right-of-way connecting Swift Street Extension to Hinesburg Road. The City’s Official Map specifically designates this connection as a planned 20’ wide recreation path and not a roadway, therefore is contrary to the adopted Official Map The interim zoning decision is included in the packet for the Board. Interim zoning has ended and a set of draft Land Development Regulations has been warned. 24 V.S.A. § 4449(d) states that once an amendment to the bylaw is warned, zoning permit, certificate of occupancy and municipal land use applications must be reviewed under the proposed bylaw. If the proposed bylaw is not adopted within 150 days or if it is rejected, the project must, if the applicant so requests it, be reviewed again under the existing bylaw under no additional cost under the existing bylaw. The applicant submitted the sketch plan application on October 19, 2021, before the draft regulations were warned. However, sketch plan applications in South Burlington are non-binding and do not represent a complete application for the purposes of vesting, therefore any future Preliminary Plat or Site Plan applications would be subject to the draft Land Development Regulations warned on November 10, 2021. COMMENTS Development Review Planner Marla Keene and Planning and Zoning Director Paul Conner (“Staff”) have reviewed the plans submitted and offer the following comments. Numbered items for the Board’s attention are in red. Pursuant to the above discussion, the project is reviewed under the Draft Land Development Regulations effective November 10, 2021. The project is located within the R7-Neighborhood Commercial Zoning District and is subject to Planned #SD-21-27 Staff Comments 3 3 of 6 Unit Development review. Portions of the property are located within the Interstate Highway Overlay District and Habitat Block Overlay District. ZONING DISTRICT & PLANNED UNIT DEVELOPMENT TYPE Zoning District Standards The project is located north of Rye Meadow, south of Interstate 89 and west of Hinesburg Road/VT 116. It is zoned Residential 7 – Neighborhood Commercial. The purpose of the R7-NC zoning district reads in part as follows. In certain Residential 7 Districts, there may be a community need for a neighborhood commercial area. These commercial areas are intended to serve the convenience shopping needs of local residents and employees. Their location and design are intended to make them accessible both by vehicle and by foot, thereby somewhat reducing traffic volume in the immediate vicinity. In these areas, businesses offering goods and services will be limited in allowed floor area and use as per the regulations set forth below. Commercial uses in the R7-NC are limited to childcare, financial institutions, food hub (only allowed in buildings with a maximum 15,000 footprint and 5,000 sf per tenant), limited neighborhood commercial, general office, medical office if within the transit overlay district, personal or business service, pet grooming, indoor recreation (subject to conditional use review), restaurants (subject to conditional use review), retail sales (only allowed in buildings with a maximum 15,000 footprint and 5,000 sf per tenant), and service station (subject to conditional use review). All residential uses are allowed. Staff has listed these uses because while some of the potential uses listed by the applicant in their application narrative are allowed, many of them are not. Lots The applicant is proposing to create five (5) lots in order to create a street network. LDR 3.09C & 3.09D limit lots to a single principal building except when the structures are for a single integrated user. Therefore the applicant’s proposal would not be allowed under the draft LDR. Planned Unit Development Type Pursuant to Section 15.C.02C, since the proposed project includes a parcel greater than 4 acres in size, the project is required to be a Planned Unit Development. Properties within the R7-NC District are subject to the Traditional Neighborhood Development PUD Type. The purpose and characteristics of the TND PUD Type are as follows: 15.C.06A.____Description, Purpose. A Traditional Neighborhood Development (TND) is a type of planned development that is intended to result in a more compact, pedestrian-oriented form of neighborhood development characterized by a discernable center such as a central green or square; walkable, interconnected residential streets and blocks; a variety of housing types that front on local streets; and smaller civic spaces and facilities strategically located throughout to serve neighborhood residents. A TND may include one or more distinct, but interconnected neighborhoods that can be traversed from center to edge in a ten- to fifteen- minute walk. It may involve new, greenfield development in areas served by existing or extended city infrastructure, smaller compatible or complementary infill development on vacant or underdeveloped parcels within or immediately adjacent to an established neighborhood, or a combination of the two. #SD-21-27 Staff Comments 4 4 of 6 15.C.06B.____TND Characteristics. Defining characteristics of a Traditional Neighborhood Development (TND) include: • Predominantly residential uses, with limited supporting civic and neighborhood commercial uses. • Efficient, highly interconnected local street, sidewalk and path network that accommodates all users, while also limiting through traffic on neighborhood streets. • Walkable, pedestrian-oriented blocks, building lots, and streetscapes that include continuous, uninterrupted, ADA-compliant sidewalks as established by the Street Type. • Recreation paths within greenways or along busier streets that connect with or serve the adjoining neighborhood. • Direct pedestrian access to transit facilities, and neighborhood goods and services located within easy walking distance (¼- to ½-mile) of neighborhood areas. • Predominantly detached buildings, including a variety and integrated mix of housing types, that are oriented to and front directly on local streets, courtyards, or civic spaces. • A well-defined civic space, such as a centrally located square or green, that serves as the focal point of the neighborhood, contributes to neighborhood identity, and accommodates neighborhood gatherings. • Smaller civic spaces and facilities, such as pocket parks and playgrounds, within direct walking distance (¼-mile) of neighborhood residences, that encourage social interaction and provide access to outdoor recreation and neighborhood activities. • Amenities (e.g., civic, streetscape, recreational, open space improvements) that contribute to the built environment, and enhance neighborhood character, pedestrian access, and use. • Vehicle access to adjoining lots primarily from a rear alley, side street, or shared service lane or driveway. • Onsite parking areas, and detached accessory buildings (including garages), that are located to the rear or side of fronting, principal buildings, and screened from view from adjoining streets and civic spaces. • Attached garages that, where allowed by building type, are set back from, and do not visually dominate, detract from, or obscure the front building façade or main building entrance. The proposed development is not predominantly residential and does not appear to resemble the purpose or characteristics of a TND. Interstate Highway Overlay District The proposed project appears to be outside the Interstate Highway Overlay District ENVIRONMENTAL PROTECTION STANDARDS Habitat Block Overlay District Approximately 43 acres of the parcel are located within the Habitat Block Overlay District. Development is generally prohibited within the Habitat Block Overlay District, except when associated with an allowance exchange of Habitat Block area, where the parcel is more than 70% contained within a #SD-21-27 Staff Comments 5 5 of 6 Habitat Block area, or where the Board approves a Limited Infrastructure Encroachment. The proposed project includes multiple buildings and roadways within the Habitat Block Overlay District, which would not be allowable under the draft LDR. Wetlands The applicant has shown large areas of wetlands on their provided plan sheet, though the buffers are only 50-ft and not 100-ft as required in the draft LDR. Development within the wetlands and wetland buffers is prohibited except for restricted infrastructure encroachment (roadways, sidewalks or utilities) under the following limited circumstances: (1) Is necessary to repair impacts from a Federally declared disaster, mitigate the future impacts of hazards, and/or necessary for the protection of the public health, safety and welfare; (2) Is for a functionally dependent purpose or use; (3) Is a part of an Environmental Restoration Project; (4) Is on the Official Map; (5) Is for purposes of crossing a natural resource area to gain access to land on the opposite side of the area; or (6) For purposes of providing safe access in accordance with City roadway and connectivity standards to an approved use. The applicant is proposing impacts to the wetland and wetland buffers for buildings, parking areas and driveways. Therefore the impacts would not be allowed under the draft LDR. River Corridors & Floodplains There appears to be a River Corridor and Floodplain within the project area. Based on the information provided, it is unclear whether the proposed project impacts these resources. OFFICIAL MAP The parcel includes two features on the City’s Official Map. - Path connection to Swift Street Extension: The application includes a proposed roadway and associated right-of-way connecting Swift Street Extension to Hinesburg Road. The City’s Official Map specifically designates this connection as a planned 20’ wide recreation path and not a roadway, therefore the proposal is contrary to the adopted Official Map - I-89 Exit “12B” ramp. The applicant shows an area reserved for a conceptual ramp. The reserved area has not been reviewed in detail for consistency with the Official Map but is shown. As noted above, pursuant to 24 VSA 4449(d), applications received following the City Council’s warning of a public hearing are subject to the draft LDR. Since any complete preliminary plat or site plan application would be subject to these provisions, Staff considers the proposed project infeasible as designed. RECOMMENDATION Staff considers significant modifications to the plan are necessary in order to meet the draft regulations, which would require re-warning. Staff therefore recommends the Board conclude the Sketch Plan meeting. The applicant may return with a revised sketch under the Draft LDR. #SD-21-27 Staff Comments 6 6 of 6 If the draft regulation are rejected, State Statute allows for complete applications to be reviewed at no cost to the applicant. Given that this is a sketch plan application, if the regulations are rejected, Staff would recommend the Board re-review the sketch at no cost. The Board can provide a comprehensive review of the proposed project at that time if the draft regulations are rejected. Respectfully submitted, Marla Keene, Development Review Planner