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HomeMy WebLinkAboutSD-24-13 - Decision - 1699 Hinesburg Road CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING JJJ, SOUTH BURLINGTON, LLC & THE CITY OF SOUTH BURLINGTON 1580 DORSET STREET/1699 HINESBURG ROAD FINAL PLAT APPLICATION #SD-24-13 FINDINGS OF FACT AND DECISION 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. The Development Review Board held a public hearing on July 16, 2024. Bryan Currier & Erica Quallen represented the applicant. Based on testimony provided at the above-mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking 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. 2. The owner of record of the subject property is JJJ South Burlington, LLC. 3. The subject property is located in the SEQ – Neighborhood Residential Zoning District, the SEQ – Village Residential Zoning District, and the SEQ – Natural Resource Protection Zoning District. 4. The application was received on June 14, 2024. 5. The plans submitted consist of one sheet, numbered Sheet #2, entitled ‘Overall Site Plan – Cider Mill Phase II’, prepared by O’Leary Burke on 10/5/2013 and last revised on 12/9/2022. 6. 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. 7. 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 #SP-23-03 2 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. 8. Given the limited scope of the proposed change, the Board finds that 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. The scope of this review to criteria has therefore been limited to those 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 therefore proceeded directly to final plat. 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; The Board finds 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 not 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. The Board finds 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, the Board finds that JJJ South Burlington, LLC may seek relief from Condition of Approval #36 of #SD-18-28 as per this standard of SCHA. (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. #SP-23-03 3 C) SUBDIVISION REVIEW STANDARDS 15.A.11 General Standards D. Development Connectivity. The applicant must demonstrate that the subdivision, to the extent physically feasible, is configured and laid out to maximize connections with adjoining parcels and neighborhoods, and to avoid creating isolated and disconnected enclaves of development, except where necessary to separate incompatible land uses, or to avoid undue adverse impacts to resources identified for protection under Article 12. Accordingly, the applicant must demonstrate that the subdivision is laid out to connect with and extend existing and planned streets, sidewalks, recreation paths, transit routes, and utility and greenway corridors located adjacent to or within ½-mile of the subdivision, or as indicated on the City’s Official Map. Off-site improvements necessary to serve the proposed subdivision must be provided in accordance with 15.A.18. The Board finds the applicant’s request to modify the condition to be appropriate because the existing condition is incompatible with the changed factual circumstances described above . Specifically, the existing condition’s requires the applicant to conduct a traffic study and pay a share of the cost of identified improvements to the City of South Burlington – those two requirements are both incompatible with the fact that that VTrans has made a commitment to conduct the traffic study and construct the improvements. As such, the Board finds that modifying the condition is appropriate. 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 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. The Board finds that the proposed modified condition above shall replace Condition #36 of #SD- 18-28. The Board finds that the applicant shall not be permitted to obtain any Zoning Permits for new residential construction if they do not pay the aforementioned transportation impact fee to VTrans within six months of the establishment of that fee. DECISION Motion by Jody Lesko, seconded by Charles Johnston, to approve final plat application #SD-24-13 of JJJ South Burlington, LLC and the City of South Burlington, subject to the following conditions: 1. All previous approvals and stipulations will remain in full effect except as amended herein. 2. This project must be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. #SP-23-03 4 3. Condition of Approval #36 of #SD-18-28 is hereby replaced with the following language: 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 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. 4. The applicant shall not be permitted to obtain any Zoning Permits for new residential construction if they do not pay the aforementioned transportation impact fee to VTrans within six months of the establishment of that fee. 5. Any changes to the final plat plan will require approval of the South Burlington Development Review Board. John Moscatelli Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present Charles Johnston Jody Lesko Yea Yea Nay Nay Abstain Abstain Not Present Not Present Motion carried by a vote of 5 - 0 - 0. Signed this ____ day of August, 2024, by _____________________________________ Dawn Philibert, 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 180 Market Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802- 828-1660 or http://vermontjudiciary.org/GTC/environmental/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 802.477.2241 to speak with the regional Permit Specialist.