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Home My WebLink AboutSD-24-13 - Supplemental - 1699 Hinesburg RoadCITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SD-24-13_1580 Dorset St_Cider Mill_FP_SC_DRAFT DEPARTMENT OF PLANNING & ZONING Report preparation date: July 10, 2024 Plans received: June 14, 2024 1580 Dorset Street / 1699 Hinesburg Road – JJJ South Burlington, LLC Site Plan Application #SD-24-13 Meeting date: July 16, 2024 Owner JJJ South Burlington, LLC 21 Carmichael Street, Ste. 201 Essex Junction, VT 05452 Engineer O’Leary-Burke Civil Associates 13 Corporate Drive Essex Town, VT 05452 Property Information Tax Parcels 0570-R1580, 0860-01731, 0860-01625_R SEQ Zoning District- Neighborhood Residential, SEQ Zoning District- Village Residential, SEQ Zoning District- Natural Resource Protection 65.49 acres Applicants JJJ South Burlington, LLC & South Burlington DPW 21 Carmichael Street, Ste. 201 & 104 Landfill Road Essex Junction, VT 05452 & South Burlington, VT 05403 Location Map Project Area #SP-23-03 2 PROJECT DESCRIPTION Final plat application SD‐24-13 of JJJ South Burlington, LLC and the City of South Burlington to amend a previously approved 291 unit planned unit development in two (2) phases. The amendment is to Phase II (Cider Mill II) of the project and consists of removing a requirement to prepare a scoping study for the intersection of Cheesefactory Road & Route 116, and shifting that responsibility to VTrans as requested by VTrans, 1580 Dorset Street & 1699 Hinesburg Road. CONTEXT This project is subject to General Planned Unit Development Review Standards and the standards of the Southeast Quadrant – Neighborhood Residential, – Village Residential, and – Natural Resource Protection Zoning Districts. This project received final plat approval for Phase II in 2018 when JJJ South Burlington, LLC obtained approval to add 33 units to a previously approved 258-unit Planned Unit Development via final plat application #SD-18-28. That approval included a Condition of Approval (Condition #36) that requires JJJ South Burlington, LLC to prepare a scoping study of the Cheesefactory Road/Hinesburg Road intersection, prepare a cost estimate for any necessary improvements, and pay a mitigation contribution not to exceed 21.3% of the necessary improvement costs to the City of South Burlington prior to the issuance of the 26th Zoning Permit in the second phase of the PUD, known as Cider Mill II. JJJ South Burlington, LLC has obtained Zoning Permits for 24 units in Cider Mill II and is at risk of having to suspend construction of Cider Mill II until Condition of Approval #36 of #SD-18-28 is met. The application at hand proposes to modify #SD-18-28 by amending Condition of Approval #36 to reflect the changed factual circumstances applicable to the management of the intersection of Cheesefactory Road & Hinesburg Road. Specifically, the applicants (JJJ South Burlington, LLC and the City of South Burlington) are proposing to shift the responsibility for preparing a scoping study for the subject intersection from JJJ South Burlington, LLC to VTrans (as requested by VTrans), shift the recipient of JJJ South Burlington, LLC’s mitigation contribution not to exceed 21.3% of the necessary improvement costs from the City of South Burlington to VTrans (as requested by VTrans), and eliminate the requirement that these events take place prior to the issuance of the 26th Zoning Permit in Cider Mill II. Given the limited scope of the proposed change, Staff has determined this application constitutes a minor amendment to an existing PUD per Article 15.C.07.C(3). A minor amendment is defined as one which does not significantly alter the overall intent or scale of the PUD, or the relationship of the approved PUD to its surroundings. Staff has accordingly limited the scope of this review to criteria relevant to the minor amendment being sought. As a minor PUD, this application is not required to be preceded by a sketch plan or a preliminary subdivision and has therefore proceeded directly to final plat. COMMENTS Development Review Planners Marla Keene and Marty Gillies, hereinafter referred to as Staff, have reviewed the plans submitted on 6/14/2024 and offer the following comments. Numbered comments for the Board’s attention are indicated in red. #SP-23-03 3 A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS No Zoning District standards or dimensional requirements are proposed to be impacted as part of this application. B) STOWE CLUB HIGHLANDS ANALYSIS The Stowe Club Highlands Analysis (SCHA) identifies that previous permit condition or terms can only be modified or removed if a specific set of circumstances are met. Specifically, SCHA states that an applicant may only obtain relief from a permit condition or term if they can show one of the following. (a) changes in factual or regulatory circumstances beyond the control of a permittee; Staff considers that the facts at the time of the adoption of #SD-18-28 and associated Condition of Approval #36 include an assumption that the City of South Burlington would eventually make improvements to the intersection of Cheesefactory Road and Hinesburg Road, which is why the applicant was required to both perform a scoping study on behalf of the City of South Burlington and to make a payment to the City of South Burlington for a portion of the cost of any required improvements. This assumption was reflected in the corresponding Act 250 permit, which includes a condition identical to Condition of Approval #36 of #SD-18-28. The applicants have testified that, since the time of the adoption of #SD-18-28, the City has never developed plans for future improvements for the subject intersection. The State informed the applicants in April of 2024 that VTrans has plans to conduct a scoping study of the intersection in the fall of 2024, and that VTrans prefers to conduct the scoping study itself and finds no utility in having a redundant scoping study completed. Any necessary improvements to the intersection will be constructed by VTrans. Staff consider that these factual circumstances are beyond the control of JJJ South Burlington, LLC and that they have changed since the adoption of #SD-18-28 and associated Condition of Approval #36. As such, Staff considers that JJJ South Burlington, LLC may obtain relief from Condition of Approval #36 of #SD-18-28 as per this standard of SCHA. 1. Staff recommends the Board and applicants discuss whether the proposed minor amendment meets the above test of SCHA and is therefore eligible for modification. (b) changes in the construction or operation of the permittee’s project, not reasonably foreseeable at the time the permit was issued; or Not applicable. (c) changes in technology. Not applicable. Assuming the Board accepts that the proposed modification meets one or more conditions of SCHA, the applicants have proposed a draft version of a modified Condition that would supersede the existing Condition in the analogous Act 250 approval. That language is as follows. If the Vermont Agency of Transportation (“VTrans”) scoping study for improvements to the Cheesefactory Road/Vermont Route 116 intersection planned for the Fall of 2024 determines safety improvements are warranted to this intersection, the Permittee shall submit to VTrans a transportation impact fee equivalent to the Permittee’s “fair share” of the cost of improvements, as determined by VTrans, not to exceed 21.3 percent of the total cost of the improvements. The transportation impact fee shall be paid by the Permittee #SP-23-03 4 within six months of its establishment by VTrans. The Permittee shall submit to the Commission documentation that the transportation impact fee has been paid in accordance with this permit condition within two weeks of making payment to VTrans. 2. Staff recommends the Board and applicants discuss the above language and how it might be best modified to serve as a Condition of Approval for this Final Plat application. Staff considers that the elimination of Condition of Approval #36 of #SD-18-28 is also a potential solution, as the above proposed Condition of Approval has been proposed as a condition in the applicant’s updated associated Act 250 permit. C) SUBDIVISION REVIEW STANDARDS No Subdivision standards are proposed to be impacted as part of this application. RECOMMENDATION Staff recommends that the Board discuss the project with the applicant and close the hearing. Respectfully submitted, Marty Gillies, Development Review Planner I