HomeMy WebLinkAboutAgenda 06_SD-23-15_850 Hinesburg Rd_WGM Assoc_SK #SD-23-15
CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
SD-23-15_850 Hinesburg Rd_WGM Assoc_SK_2023-12-05
DEPARTMENT OF PLANNING & ZONING
Report preparation date: November 29, 2023
Application received: October 16, 2023
850 Hinesburg Road – WGM Associates
Sketch Plan Application #SD-23-15
Meeting Date: December 5, 2023
Owner/Applicant
WGM Associates, c/o Keith Wright
P.O. Box 2352
South Burlington, VT 05407
Engineer
Trudell Consulting Engineers, Inc.
478 Blair Park Road
Williston, VT 05495
Property Information
Tax Parcel ID: 0860-00896
Industrial & Open Space Zoning District
Parcel size: 10 acres
Location Map
#SD-23-15
PROJECT DESCRIPTION
Sketch plan application #SD-23-15 of WGM Associates to subdivide an existing approximately 10.0 acre
lot developed with three homes into a general PUD consisting of 11 single family home lots ranging from
0.38 acres to 1.14 acres and one 1.0 acre open space lot, 850 Hinesburg Road.
CONTEXT
This property is located in the Industrial Open Space zoning district, which has an allowance for single
family homes. Minimum lot size in this zoning district is three acres. Lot coverage is limited to 50%, and
setbacks are relatively high at 50-ft front and rear and 35-ft side. These dimensional standards are set up
for industrial development.
This application proposes to take advantage of Act 47, which requires municipalities to allow lot sizes that
enable at least 5 units per acre in areas served by municipal water and sewer that allow for residential
use. Act 47 does not change coverage, setback, or other requirements.
This lot is currently developed with three single family homes.
COMMENTS
Development Review Planner Marla Keene and Director of Planning and Zoning Paul Conner, hereafter
referred to as Staff, have reviewed the plans submitted by the applicant and offer the following
comments.
As this is a Sketch Plan review, only criteria relevant for review at this stage are addressed. Numbered
items for the Board’s attention are in red.
The application is subject to zoning district and dimensional standards, subdivision standards, the general
regulations of Article 3 and the supplemental regulations of Article 13.
A) ACT 47
Act 47 took effect July 1, 2023 and, in the most basic terms, is intended to increase residential
development / opportunity. The Planning Commission is working on amendments to the LDR to
incorporate the requirements therein. Until those amendments are complete, the DRB and Zoning
Administrator are required to adhere to the language of Act 47 in situations where the LDRs conflict
with Act 47, making interpretations where necessary.
Act 47 has two subtly different designations. First, certain requirements apply to “any district that is
served by municipal sewer and water infrastructure that allows residential uses.” Second, different
requirements apply to “any area served by municipal sewer and water infrastructure that allows
residential development.”
Staff considers it to be straightforward that the subject property is located in a district served by
municipal sewer and water. However, the second test is more nuanced. Unlike some municipalities, the
City of South Burlington does not at this time define a water service area. At this time Planning Staff is
not recommending the Planning Commission apply the requirements for sewer and water service areas
across all sewer- and water-served districts because it would result in permitting intense development in
parts of the City that are currently regulated as very-low density residential, conservation, or open space
and are impractical distances from current water and sewer lines. For instance, a very large lot may
have sewer and water access at the front, but the rear of the lot may be half a mile away, and it would
be inconsistent with City goals to allow development at these densities in the rear of the lot.
#SD-23-15
The City does have a sewer ordinance (“Ordinance Regulating the Use of Public and Private Sanitary
Sewerage and Stormwater Systems”), which defines the sewer service area as follows. Act 47 does not
require the Planning Commission to define “area served” the same way as in the sewer ordinance, nor is
Staff recommending they do so.
Sewer Service Area: That area of the City that is within 200 feet horizontally from existing
municipal collection lines and manholes, excluding the City Center Sewer Service Area, as
shown on the Sewer Service Area Map, dated January 3, 2001, located in Map 5, Public
Utilities #2, of the South Burlington Comprehensive Plan. The Sewer Service Area may be
altered by adoption of an amendment to this Ordinance. If there is any conflict between the
Sewer Service Area shown on the above-referenced map and the City Center Sewer Service
area, as defined herein, the area included within the City Center Sewer Service Area shall
control.
The ordinance goes on to require connection to municipal sewer within the sewer service area, but not
to prohibit connection outside of it. Its purpose has been to define what development must connect to
sewer, rather than defining a maximal extent of the area. Historically, since adoption of the sewer
ordinance, the Board has permitted development outside of the sewer service area provided adequate
public or private sewerage capacity exists to serve the development. Staff does not recommend limiting
the definition of “area served” to 200-ft from municipal sewer but provides this information as it is the
only current potentially applicable City standard and as a starting point.
Act 47 defines an area served by municipal sewer and water infrastructure:
(i) An area where residential connections and expansions are available to municipal water and
direct and indirect discharge wastewater systems and not prohibited by: (I) State regulations
or permits; (II) identified capacity constraints; or (III) municipally adopted service and capacity
agreements; or (ii) an area established by the municipality by ordinance or bylaw where
residential connections and expansions are available to municipal water and direct and
indirect discharge wastewater systems and which may exclude: [it then goes on to describe
natural resource protection areas and areas with capacity constraints, not applicable here] (V)
areas serving an industrial site or park.
The full text of Act 47 is found here. Draft Bill Template (vermont.gov)
(https://legislature.vermont.gov/Documents/2024/Docs/ACTS/ACT047/ACT047%20As%20Enacted.pdf)
The definition of area served by municipal sewer and water infrastructure begins at the end of page 6.
This property is 10 acres. There is a municipal water line in the front of the property, and a municipal
sewer line in the back. The property is approximately 725 feet deep, and therefore no portion of the
property is within 200-ft of both water and sewer. Staff considers that this configuration came about
because of the parcel size and not because of an intention to prevent the middle of the parcel from
connecting to water and sewer. It would be expected that an industrial proposal for this lot would
connect to both water and sewer. Therefore, Staff is recommending the Board consider this entire
parcel as being “an area served by municipal sewer and water.”
1. Staff recommends the Board review the analysis, ask any necessary questions, and determine whether
they will accept Staff’s recommendation. If the Board finds that this lot does not qualify as being an
“area served by water and sewer,” Staff recommends the Board provide that direction up front. The
application, and the remainder of these staff notes, become irrelevant if the provisions of Act 47 do
not apply to the property.
Changes made by Act 47 to the City’s regulations affecting this project are as follows.
• In districts served by water and sewer
o Max requirement for one parking space per dwelling unit
#SD-23-15
o Duplexes must be allowed with same dimensional standards as a single-unit dwelling
o Multiunit dwelling with 4 or fewer units are permitted
• In areas served by water and sewer
o Dimensional standards must allow five or more dwelling units per acre
o Development meeting the state definition of affordable housing development may
exceed density limitations by an additional 40% and height by one floor
B) ZONING DISTRICT AND DIMENSIONAL STANDARDS
The purpose of the Industrial-Open Space District is: “To provide suitable locations for high-quality,
large-lot office, light industrial and research uses in areas of the City with access to arterial routes and
Burlington International Airport. The IO District regulations and standards are intended to allow high-
quality planned developments that preserve the generally open character of the district, minimize
impacts on natural resources and water quality, and enhance the visual quality of approaches to the City
while providing suitable locations for employment and business growth. The location and architectural
design of buildings in a manner that preserves these qualities is strongly encouraged.” It is unclear why
single family homes (on a minimum of three-acre lots) are a permitted use.
Dimensional standards in the Industrial and Open Space Zoning District include a minimum lot size of 3
acres, 30% maximum building coverage, and 50% maximum overall coverage. These building and lot
coverages are higher than for the Residential 4 and similar zoning districts. As modified by Act 47, Staff
interprets there to be a minimum lot size of 0.2 acres, and coverage limits as appropriate to permit
single family homes or duplexes on each lot. The Board is not obligated to accept a higher coverage
than necessary to permit a single family home or duplex. Staff considers the Board may interpret this to
mean lot coverage is the minimum necessary to reasonably accommodate a single family home or
duplex.
The applicant has proposed development lots ranging in size from 0.38 acres to 1.14 acres, and has
shown conceptual homes that are well under the maximum allowable coverages.
Front and rear setbacks are 50-ft, and side setbacks are 30-ft. The proposed lot lines create conforming
setbacks for the existing structures, and generally allow development conforming with required
setbacks, with the exception of Lot #1-5, discussed below.
2. This is an interesting situation that involves the implied dimensional standards of Act 47 overriding the
actual dimensional standards of the LDRs. Staff recommends the Board take a moment to process and
as questions to ensure there is clarity on the concept of Act 47 partially superseding the LDRs.
C) ENVIRONMENTAL PROTECTION STANDARDS
Article 12 prohibits development within 50-ft of Class II wetlands in the I-O zoning district. The applicant
has provided the following note pertaining to wetland delineation.
In June of 2023, TCE confirmed the absence of wetlands on the subject parcel. The wetlands shown
on the adjoining Drumheller property are based on a record drawing of the lane press site prepared
by TCE in 1999. This wetland was not confirmed by TCE as if falls on private property for which TCE
has not obtained the right to enter upon.
3. Staff recommends the Board direct the applicant to delineate wetlands within 50-ft of the property
line in order to determine what areas of the subject property are restricted from development.
Depending on the extent of the adjoining wetland, the buffer area may significantly encroach into the
area designated as a civic space.
#SD-23-15
D) MASTER PLAN REVIEW
Master plan review is required for any major subdivision involving four (4) or more acres. This
application is classified as a major subdivision, therefore master plan review is required.
A master plan application requires a description of the overall vision and scope of the proposed
development, an analysis of project consistency with applicable regulations, an analysis of development
context, and details of the proposed buildout including characteristics of the proposed building designs.
The master plan must also designate phases of at least 20-percent of the project area (though
development in a single phase is also acceptable). A master plan may only be approved for a maximum
of 6 years, or fewer if the Board deems appropriate, and may be extended for cause up to a maximum of
10 years.
4. Staff recommends the Board to ask the applicant to describe the proposed phases and timing thereof.
Master plan is intended to lock in certain characteristics of the proposed development. A full master
plan review is required if the applicant subsequently modifies the physical limits of the project,
significantly modifies the overall development plan (including streets, blocks and connectivity,
designated civic spaces, or allocation of development density), or significantly modifies site coverage or
trip ends.
E) PLANNED UNIT DEVELOPMENT
This application is not required to apply as a PUD, but is permitted to apply as a general PUD. A planned
unit development has the benefit of allowing the Board to permit alternative compliance to dimensional
or design standards provided the alternative results in a better project. At this time Staff is not aware of
any need for this project to apply as a PUD. If it were to apply as a PUD, additional information would
need to be submitted at the next stage of review as described in Article 15.C.
F) GENERAL SUBDIVISION STANDARDS
This application will be considered a major subdivision because the lots to be subdivided are more than
two times the minimum lot area for the district. The applicant may apply for preliminary subdivision
review concurrently with the master plan application, but they may not combine preliminary and final
subdivision review with the master plan application.
15.A.11 General Standards
A. Development Suitability
(2) Buildable area
Buildable area excludes hazards and level 1 resources, including wetland buffers, and existing
and planned street rights of way. Buildable area dictates maximum density, though in this case
that is overruled by Act 27. It also dictates required civic space area, equal to 10% of the
buildable area. Delineation of adjacent wetlands is necessary for calculation of buildable area.
C. Development Context.
The applicant must demonstrate that the subdivision conforms to the planned pattern of subdivision
and development in the area, as defined by district purpose statements and standards, or as specified
for a type of Planned Unit Development (PUD) under Article 15.C.
As stated above, the purpose of the Industrial-Open Space District includes to provide suitable locations
for high-quality, large-lot office, light industrial and research uses in areas of the City with access to
#SD-23-15
arterial routes and Burlington International Airport. It also includes providing large contiguous open
spaces. In the context of an industrial development, open spaces between lots would be contiguous,
rather than fractured around individual buildings and parking lots.
5. Generally, Staff would consider the proposed subdivision to be incompatible with the planned pattern
of subdivision and development in the area. However, Act 47 requires the Board to allow lot sizes that
enable a residential density of 5 units per acre. Therefore, Staff considers the Board must apply this
standard to the extent feasible. Staff recommends the Board discuss with the applicant how the
purpose of contiguous open spaces can be met.
D. Development Connectivity
As the Board is aware, there are a number of sections of the LDR that require transportation and utility
connectivity with adjoining parcels and neighborhoods, including this section which specifically
references the purpose of avoiding creating isolated and disconnected enclaves of development. The
draft 2024 City Plan identifies the subject area as commercial/industrial with supporting uses.
The application proposes to provide a private roadway to serve the proposed lots. It also proposes a
future right of way connecting to the parcel to the south. Staff notes the roadway must be designed to
public roadway standards and be offered to the City, though the City is unlikely to accept it until such
time as a connection is made to the adjoining parcel. Staff further anticipates that the connection to the
south would not be required to be constructed until such time as the parcel to the south is developed,
potentially in a similar manner as proposed for this parcel.
6. Without such dedication of a future ROW to the adjacent property, the proposed development would
not meet the requirements of the Land Development Regulations because dead end streets are limited
to 200-ft in length, and this restriction does not include a provision for looped dead-end streets. Staff
recommends the Board discuss this requirement with the applicant.
15.A.13 Subdivision Design Process
The design process is required to
1. delineate and set aside resource areas
2. lay out and configure the proposed street network
3. delineate building lots that front of the street or civic space
4. designate civic spaces
5. incorporate pedestrian access to building lots and civic spaces
15.A.16C(4) requires civic space lots to have frontage on or pedestrian access from an abutting street.
The entrance to a civic space that does not front on an abutting street must be readily visible, apparent,
and accessible from the street.
7. Staff considers pedestrian and neighborhood access generally to the designated civic space to be poor.
Staff recommends the Board discuss whether the layout should be modified so that the civic space is
located in the center of the development where Lot 2-2 is currently proposed, or whether the access
to the civic space can be modified so that it is more obviously a neighborhood feature and not just the
extension of the back yards of Lots 1-5, 2-3 and 3-3. Some amount of vegetated buffer to the east
would remain beneficial, however, given the current and (likely) future industrial uses in that area.
15.A.16C(6) requires building lots to front on a public or private street, a designated civic space, or a
shared courtyard with pedestrian access to the abutting street. 15.A.16C(9) requires building lots to be
generally rectangular in shape. Flag lots and through lots are prohibited.
#SD-23-15
8. Lot 2-2 has four fronts. 15.A.16C(9)(c) allows “a through lot with frontage on two parallel or
intersecting streets that cannot be further subdivided under minimum lot requirements, provided that
front setback requirements can be met on both streets.” Lot 2-2, at 0.59 acres, could be further
subdivided under Act 47 but not under the current LDR. Staff recommends the Board discuss how they
will interpret this dichotomy. If Lot 2-2 were enlarged to provide the required civic space, this would
not be an issue and would meet (in terms of street frontages) the direct intent and purpose of civic
space lots.
9. Lot 1-5 does not front on a street or civic space, nor is it rectangular or generally rectangular in shape.
Staff considers that there is no reason Lot 1-5 needs to be configured the way it is and instead Lots 1-
4, 1-5 and 2-3 should be configured so that Lot 1-5 can be shaped similarly to Lot 3-3. Staff
recommends the Board discuss this or other modification ideas for this lot with the applicant.
15.A.14 Street Network
This section prohibits dead end streets greater than 200-ft in length measured to the center of the
turnaround.
10. The street must match an approved public street type. Staff recommends the Board ask the applicant
to describe what street type they anticipate proposing, and why, and the Board to provide feedback
on the response. The full required street cross section must be provided, including sidewalks and
greenbelts.
Staff reminds the applicant that 24 VSA 4416 b states “the application for site plan approval shall include
a letter from the Agency of Transportation confirming that the Agency has reviewed the proposed site
plan and determined whether a permit is required under 19 V.S.A. § 1111.“
15.A.15 Sidewalks, Bike Lanes, and Recreation Paths
A. Purpose and Intent.
As necessary to facilitate pedestrian and bicycle access and circulation throughout the subdivision,
and to provide direct pedestrian and bicycle connections to adjoining neighborhoods, public parks,
transit stops, and other community focal points or destinations in the vicinity (e.g., schools, recreation
facilities, civic buildings, shopping and employment centers), the applicant must demonstrate that
subdivision layout and design, including the proposed street network, incorporates as applicable:
(6) Bicycle lanes, as incorporated by street type; and
(7) Existing and planned pedestrian trails and multiuse recreation paths, as identified in the
Comprehensive Plan, or on the City’s Official Map.
11. Elsewhere along Hinesburg Road the Board has required either construction of a recreation path (see
CEA building at Mansfield View Lane or the Red Barn Deli at Tilley Drive) or space for a rec path. Staff
considers that this project must provide for a recreation path otherwise it is unlikely to ever materialize
in the future. Staff recommends the Board discuss whether they will require construction of a path or
reservation of space for a path.
15.A.17 Mix of Dwelling Unit Types
A. Mix of Dwelling Unit Types and Architectural Features. A mix of dwelling unit types (i.e. cottage,
single family, two-family, small multi-family, townhouse, etc. etc.) and mix of architectural features and
styles must be provided within neighborhoods and developments. These must be mixed within blocks,
along the street and within neighborhoods rather than compartmentalized into sections of near-
identical unit types. An applicant for a subdivision shall submit a plan demonstrating how this mix will
be achieved for the Development Review Board’s consideration at the preliminary plat stage. Where a
Planned Unit Development approved under Article 15C establishes standards for a mix of dwelling unit
or building types, those standards shall supersede these herein.
#SD-23-15
The proposed subdivision is for eight proposed homes. Staff advises the applicant they will be required
to demonstrate compliance with this criterion at the preliminary plat stage of review.
15.A.18 Infrastructure, Utilities, and Services
G. Renewable Energy Facilities.
The applicant must demonstrate that, to the extent physically feasible, reasonable, and as
appropriate to its development context, the subdivision has been designed to incorporate best
practices that maintain access to and use of renewable energy resources, e.g., to include one or more
of the following as indicated on subdivision plans and plats:
(1) Street and building lots that are oriented to maximize solar access and gain, for passive solar
construction or rooftop solar installations.
Staff advises the applicant they will be required to demonstrate compliance with this criterion at the
preliminary plat stage of review.
RECOMMENDATION
Staff recommends the Board discuss the project with the applicant and conclude the meeting.
Respectfully submitted,
Marla Keene, Development Review Planner
N/F
BURLINGTON
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Sheet Title
Project Title
Use of These Drawings
Scale:
Project Number:
Date:
Drawn By:
Project Engineer:
Approved By:
No. Description Date By
Revisions
478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495
802 879 6331 | WWW.TCEVT.COM
E N G I N E E R I N G S U R V E Y
Field Book:
For Local Permitting Only
1. Unless otherwise noted, these Drawings are intended for
preliminary planning, coordination with other disciplines or
utilities, and/or approval from the regulatory authorities.
They are not intended as construction drawings unless noted
as such or marked approved by a regulatory authority.
2. By use of these drawings for construction of the Project,
the Owner represents that they have reviewed, approved,
and accepted the drawings, obtained all necessary permits,
and have met with all applicable parties/disciplines,
including but not limited to, the Engineer and the Architect,
to insure these plans are properly coordinated including, but
not limited to, contract documents, specifications,
owner/contractor agreements, building and mechanical
plans, private and public utilities, and other pertinent permits
for construction.
3. Owner and Architect, are responsible for final design and
location of buildings shown, including an area measured a
minimum five (5) feet around any building and coordinating
final utility connections shown on these plans.
4. Prior to using these plans for construction layout, the user
shall contact TCE to ensure the plan contains the most
current revisions.
5. These Drawings are specific to the Project and are not
transferable. As instruments of service, these drawings, and
copies thereof, furnished by TCE are its exclusive property.
Changes to the drawings may only be made by TCE. If
errors or omissions are discovered, they shall be brought to
the attention of TCE immediately.
6. It is the User's responsibility to ensure this copy contains
the most current revisions.
PLANNIN G ENVIRON MENTAL
0
Feet
Graphic Scale
40 80 120
15°±VT GridMagnetic
Existing Conditions
Plan
C1-01
----
23-015
DJG
WGM Associates
850, 900 & 950 Hinesburg Road
South Burlington, Vermont 05407
EXISTING CONDITIONS NOTES:
1.THE PURPOSE OF THE EXISTING CONDITIONS PLAN IS TO DEPICT READILY APPARENT PERTINENT EXISTING
CONDITIONS AS OF THE DATE OF SURVEY.
2.BEARINGS SHOWN ARE BASED UPON VERMONT GRID NORTH USING VTVRS CORS STATION.
3.VERTICAL DATUM IS BASED ON NAVD88 (GEIOD 18). A CARLSON BRx7 RTK GPS UNIT WAS EMPLOYED FOR THESE
OBSERVATIONS.
4.COORDINATE SYSTEM IS BASED ON VERMONT STATE PLANE (U.S. SURVEY FEET).
5.THE LOCATION OF EXISTING UNDERGROUND UTILITIES AND IMPROVEMENTS SHOWN ARE BASED ON RESEARCH,
UTILITY PLANS PROVIDED BY OTHERS, AND/OR SURFACE EVIDENCE ENCOUNTERED AND WERE OBTAINED IN A
MANNER CONSISTENT WITH THE ORDINARY STANDARD OF PROFESSIONAL CARE AND HAVE NOT BEEN
INDEPENDENTLY VERIFIED BY THE OWNER OR THE DESIGN ENGINEER. ADDITIONAL UTILITIES NOT SHOWN MAY
EXIST. ENGINEER SHALL BE NOTIFIED IF ANY DISCREPANCIES ARE ENCOUNTERED. ACTUAL LOCATION OF
UNDERGROUND UTILITIES MAY VARY. DIGSAFE MUST BE CONTACTED PRIOR TO ANY EXCAVATION. CALL
1-888-DIG SAFE (344-7233) OR CALL 811.
6.PERIMETER BOUNDARIES SHOWN HEREON FROM TAX MAP INFORMATION AND OTHER RESOURCES, AND DOES
NOT DEPICT A FORMAL BOUNDARY SURVEY.
PROJECT LOCATION
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(TYP)WWWWWWWWWWWATER
SERVICE
(TYP)600'LOT #1-1
0.70 AC
LOT #2-1
0.97 AC
PROPOSED ACCESS
EASEMENT FROM LOT
#2-1 TO LOT#3-1
PROPOSED ACCESS
EASEMENT FROM LOT
#3-1 TO LOT#2-1
EXISTING LEASE AREA TO VTEL, VERIZON, AND
T-MOBILE FOR COMMUNICATIONS
EQUIPMENT ON SILO AND AT GROUND LEVEL
(ALSO INCLUDES ACCESS OVER DRIVE TO
HINESBURG ROAD) PROPOSED TO BE LEASE
LOT OWNED BY LOT 1-1.201'728'55'83'88'73'
Proposed
community
garden
space as
amenity to all
11 proposed
residential
lots.
73'
CIVIC SPACE
LOT #12
1.0 AC
LOT #1-2
0.38 AC LOT #1-3
0.43 AC
LOT #1-4
0.52 AC
LOT #2-2
0.59 AC
LOT #2-3
1.01 AC
LOT #3-3
0.88 AC
LOT #3-2
0.59 AC
LOT #3-1
1.14 AC
PROPOSED 10' WIDE
PATH EASEMENT TO
CIVIC SPACE
PROPOSED 22' WIDE
CURBED ROAD WITH
5' WIDE SIDEWALK IN
40' R.O.W.
LOT #1-5
0.61 AC
50.00'50.00'
POSSIBLE FUTURE 50'
WIDE ROAD RIGHT
OF WAY
PATH TO PLATFORM
WITH PICNIC TABLES
RAISED BED
COMMUNITY
GARDENS48'
121'61'96'225'86'90'
76'
45'
223'148'218'170'101'
68'
109'187'106'214'90'22'93'
32'
91'211'261'235'107'246'115'232'186'123'191'150'
272'
102'121'123'129'A52'
A29'
A52'
A42'
A42'
A34'
A42'
A42'
A31'
A32'
A32'
A22'A25'
113'70'212'32'
Sheet Title
Project Title
Use of These Drawings
Scale:
Project Number:
Date:
Drawn By:
Project Engineer:
Approved By:
No. Description Date By
Revisions
478 BLAIR PARK ROAD | WILLISTON, VERMONT 05495
802 879 6331 | WWW.TCEVT.COM
E N G I N E E R I N G S U R V E Y
Field Book:
For Local Permitting Only
1. Unless otherwise noted, these Drawings are intended for
preliminary planning, coordination with other disciplines or
utilities, and/or approval from the regulatory authorities.
They are not intended as construction drawings unless noted
as such or marked approved by a regulatory authority.
2. By use of these drawings for construction of the Project,
the Owner represents that they have reviewed, approved,
and accepted the drawings, obtained all necessary permits,
and have met with all applicable parties/disciplines,
including but not limited to, the Engineer and the Architect,
to insure these plans are properly coordinated including, but
not limited to, contract documents, specifications,
owner/contractor agreements, building and mechanical
plans, private and public utilities, and other pertinent permits
for construction.
3. Owner and Architect, are responsible for final design and
location of buildings shown, including an area measured a
minimum five (5) feet around any building and coordinating
final utility connections shown on these plans.
4. Prior to using these plans for construction layout, the user
shall contact TCE to ensure the plan contains the most
current revisions.
5. These Drawings are specific to the Project and are not
transferable. As instruments of service, these drawings, and
copies thereof, furnished by TCE are its exclusive property.
Changes to the drawings may only be made by TCE. If
errors or omissions are discovered, they shall be brought to
the attention of TCE immediately.
6. It is the User's responsibility to ensure this copy contains
the most current revisions.
PLANNIN G ENVIRON MENTAL
0
Feet
Graphic Scale
40 80 120
15°±VT GridMagnetic
11-Lot PUD Sketch
Plan
C2-01
09.14.2023
As Shown
23-015
DJG
DJG
WGM Associates
850, 900 & 950 Hinesburg Road
South Burlington, Vermont
05407
PROJECT LOCATION
OWNER / APPLICANT
WGM ASSOCIATES
C/O KEITH WRIGHT
P.O BOX 2352
SOUTH BURLINGTON, VERMONT 05407
PROJECT STATISTICS
ZONING DISTRICT:INDUSTRIAL-OPEN SPACE (IO)
PARCEL ID:0860-00896
SPAN:600-188-16698
TOTAL PARCEL SIZE:10.0 ± ACRES
DIMENSIONAL
REQUIREMENTS REQUIRED PROPOSED IN PUD
MAX. DENSITY (PER S100):5 DU /ACRE 1.1 DU /ACRE
MIN. LOT AREA:VARIABLE VARIABLE
MIN. FRONT SETBACK:VARIABLE VARIABLE
MIN. SIDE SETBACK:VARIABLE VARIABLE
MIN. REAR SETBACK:VARIABLE VARIABLE
MAX. LOT COVERAGE:VARIABLE VARIABLE
CIVIC SPACE REQUIREMENTS:
MINIMUM AREA FOR CIVIC SPACE=10% OF BUILDABLE AREA
BUILDABLE AREA=10 AC-0.24 ACRES OF WETLAND BUFFER - 0 AC OF LEVEL 1
RESOURCES = 9.76 ACRES OF "BUILDABLE AREA"
10% X 9.76 AC. = 0.98 ACRES CIVIC SPACE REQUIRED
CIVIC SPACE LOT PROPOSED = 1.0 AC.
UTILITIES:MUNICIPAL WATER (EXISTING) AND PROPOSED
MUNICIPAL SEWER (CURRENTLY ON-SITE SEPTIC)
LEGEND
PROPOSED
PROPERTY LINE
EASEMENTS
SETBACKS S124
W
SB SB
DSTORM DRAINAGE
PAVED DRIVE OR ROAD
GRAVEL DRIVE OR ROAD
TOPOGRAPHIC CONTOURS
SEWER MAINS
AND SERVICES
WATER MAINS
AND SERVICES
PROPERTY LINE
EXISTING
WETLAND NOTE:
IN JUNE OF 2023, TCE CONFIRMED THE ABSENCE OF WETLANDS
ON THE SUBJECT PARCEL. THE WETLANDS SHOWN ON THE
ADJOINING DRUMHELLER PROPERTY ARE BASED ON A RECORD
DRAWING OF THE LANE PRESS SITE PREPARED BY TCE IN 1999.
THIS WETLAND WAS NOT CONFIRMED BY TCE AS IF FALLS ON
PRIVATE PROPERTY FOR WHICH TCE HAS NOT OBTAINED THE
RIGHT TO ENTER UPON.
APPLICATION NARRATIVE FOR SUBDIVISION SKETCH PLAN REVIEW
850, 900, & 950 Hinesburg Road
October 17, 2023
The following information has been prepared by Trudell Consulting Engineers, Inc.
Existing Conditions:
This project site involves a single 10 acre parcel with three (3) existing residential
homes occupied by siblings of the Wright family. The parcel is located along
Hinesburg Road. There are three (3) existing driveway curb cuts off of Hinesburg
Road to serve the three residences.
Except for mature trees around the existing buildings, the majority of the site to
the east is moderately easterly sloping lawn area. The site also contains an old
farm silo repurposed as a cell tower. Verizon, T-Mobile, and V-Tel all have leases
to place transmitters on the silo, as well as having access to the silo and
equipment at the base of the silo, and access over the existing northernmost
driveway.
The three residences are currently served my municipal water services, and
individual on-site wastewater disposal (septic) systems. However, a municipal
sewer main runs parallel to and along the easterly property line of the site, just
over the property line on lands of Landrum (Lane Press site). There is a 20’ wide
sewer easement along this sewer main, with the westerly sideline of the
easement sharing the easterly property line of the subject parcel.
Proposed Project
This application seeks approval for the creation of three (3) lots to each
encompass one of the three existing single-family homes, and eight (8)
additional new residential lots. This project is classified as a major subdivision. The
Land Development Regulations also require that a “Civic Space” lot be part of a
major subdivision. As a result, the 12th lot in this subdivision is for a civic space for
use by the 11 lot owners. This lot is anticipated to be used as a shared garden
space as an amenity to the proposed residential lots. The size of the civic space
(1 acre) is based on being10% of the buildable area, with the calculations shown
on the Sketch Plan. It is anticipated that lot #12 would be co-owned by the
owners of the 11 residential lots.
The project is located in the Industrial-Open Space (IO) zoning district. Single
family dwellings are a permitted use in this district. For this zoning district, the
residential density is 1 dwelling unit per 3 acres. With this density, and a project
parcel size of 10 acres, only 3 lots, plus a civic space lot are permitted.
However, with the passage of Vermont Act 47, Bill S100, the density of dwellings
on a parcel served by municipal sewer and water can be 5 dwelling units per
acre. An excerpt from the bill follows:
“(12) In any area served by municipal sewer and water infrastructure that
allows residential development, bylaws shall establish lot and building
dimensional standards that allow five or more dwelling units per acre for each
Sketch Plan
October 2023
Page 2 of 4
allowed residential use…”
It is for this reason we are able to propose 11 lots, as this property is served, in our
opinion, by municipal sewer and water.
The following narrative is in support or our assertion that this project is “served” by
municipal sewer and water:
Sewer- As described above, there is a municipal sewer main running parallel to,
and just easterly of the easterly property line of this parcel. In an email from
Marla Keene dated 6/30/2023 to the applicant she writes:
“I heard back from our attorney today that the City did in fact accept the sewer
easement in this location, so you are allowed to connect to it (pending any
technical issues which we would review when an application to connect was
submitted)”.
Furthermore, the City Sewer Ordinance defines the Sewer Service Area, in part,
as follows:
“Sewer Service Area - That area of the City that is within 200 feet horizontally
from existing municipal collection lines and manholes, excluding the City Center
Sewer Service Area…”.
Since a portion of the project parcel falls within this 200’ sewer corridor, it is
therefore in the sewer service area, and as a result, can be “served” by
municipal sewer.
Municipal Water- An existing municipal water main runs along the east side of
Hinesburg Road, and the three existing dwellings on the project parcel currently
are connected to, and are served by this water main. As a result, we conclude
that this parcel is served by municipal water given that it already is.
Proposed Access to lots
A new private roadway is proposed as part of this project to serve the new lots.
Additionally, and as suggested by Marla Keene, a future road right of way is also
proposed from the proposed road loop to the Burlington Properties LTD parcel is
also proposed, even though this is a commercial use. We will request a discussion
with the DRB regarding the pros and cons of such a connection between a small
isolated residential development to a large scale commercial use. The proposed
street type is a narrow neighborhood street with 11’ wide lanes, curbing, and
sidewalk on one side of the street. The design vehicle is a passenger car.
Zoning
The project is located in the Industrial-Open Space (IO) zoning district. Single
family dwellings are a permitted use in this district. This project is proposed as a
“General PUD” as outlined in Table 15.C-1 of the LDR.
Sketch Plan
October 2023
Page 3 of 4
Waivers
The following waivers are requested:
Waiver to Table C-2 Area, Density and Dimensional Requirements:
Maximum Density of 1 DU/3 acres – This waiver is requested to increase
density in accordance with Act 47 to up to 5 DU’s/acre. A denser project
increases the number of dwellings in the local housing market, and is more
efficient in terms of infrastructure and promotes a clustered, compact,
pedestrian friendly neighborhood with looped road and sidewalks with a
pedestrian connection with Hinesburg Road.
Reduction of lot size below 3 acres. This waiver is requested to increase
density in accordance with Act 47 to up to 5 DU’s/acre. A denser project
increases the number of dwellings in the local housing market, and
promotes a more efficient design, compact, clustered, pedestrian friendly
neighborhood.
Front, side, and rear yard setbacks. Given the increased density allowed
with Act 47, smaller lots are proposed, thereby making the current
standard setbacks disproportionally large compared with the lot sizes.
Waiver to Section 15.A.16 Blocks and Lots C. Lots(9)- A waiver is requested
from the lots being rectangular in shape. Given the desire to increase
density, and the need to provide a loop road, some of the proposed lots
have somewhat irregular shapes, but are generally rectangular but
without 90 degree angles and parallel sides.
Section 15.C.01A.(2) authorizes the DRB to modify the Land Development
Regulations in association with PUD review in support of more efficient, compact,
walkable, and well planned forms of residential neighborhoods.
Natural Resources
Level 1 Resources- The project parcel is not covered by Level 1 Resources
including the Habitat Block Overlay District or the Habitat Connector Overlay
District.
Hazards- The South Burlington City Map Viewer indicates that a small area of the
southeast corner of this property is overlain with a wetlands advisory layer.
However, a field reconnaissance performed by a TCE wetlands ecologist verified
that no wetlands exist on the project parcel. There may or may not be wetlands
to the east on the adjoining property, but TCE did not have permission to enter
Sketch Plan
October 2023
Page 4 of 4
upon the adjoining property. As a result, to be conservative, the sketch plan
depicts 50’ wetland buffers on the project parcel starting from the easterly
property line in two locations where previously wetlands were found by TCE
during work on the adjacent property to the east. These buffers fall entirely within
the civic space lot.
For the purpose or calculating “buildable area” for this site, the wetlands buffers
were taken into account when calculating the “civic space” lot area
requirements. This calculation is shown on the Sketch Plan.