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HomeMy WebLinkAboutSD-23-15 Sketch Plan - Supplemental - 0850 Hinesburg Road #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