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HomeMy WebLinkAboutIZ-12-07 - Supplemental - 1075 Hinesburg RoadRabideau Architects South550 Hinesburg Road, Suite 101 Burlington, December 3, 2012 City of South Burlington City Council 575 Dorset Street South Burlington, Vermont 05403 Re: Interim Zoning Application IZ-12-07, Rye Associates Members of the Council The purpose of this testimony is to correct the details of the applicants proposal to address agricultural sustainability as required by the Interim Zoning Ordinance. To restate our position; the applicant asserts that preservation of working farmland through the mechanism of transferring development rights from preserved agricultural land to higher density sites closer to the center of town accomplishes the stated goal of the ordinance. The applicant further stipulates that land used as a donor site for the TDR mechanism will be of equal or better quality as defined by the Prime Agricultural land standards promulgated by the State of Vermont. A copy of those standards is attached. Computation of Base Density Total Acreage of Property 18.01 Acres 15.15 Acres in the SEQ VR District and 2.86 Acres in the SEQ VC District Base Density in Southeast Quadrant District = 1.2 Units per Acre Total Density by right is 18.01 x 1.2 = 21.6 Units Computation of TDR Requirement: Proposed Density 52 residential dwelling units (See note 1) Total number of Transferred Development Rights required: 30.4 units Note 1. The legal maximum density for the parcel is 83.48 units Acres preserved: 30.4 units =1.2 units per acre = 25.33 acres The applicant respectfully requests that the Council approve the plan based on the corrected agricultural land preserved of 25.33 acres. Gregory Rabideau AIA, AP Rye Associates Soil Rating System Existing Soils - The soils on the Rye Associates property have been mapped by the Natural Resources Conservation Service (see attached map) as being comprised primarily of: • Vergennes Clay, 2 to 6 percent (VeB) and a very small portion of: • Covington Silty Clays (Cv) Rating System Tool - To determine the relative value of these soils, we have utilized the Farmland Classification Systems for Vermont Soils published June, 2006 by the United States Department of Agriculture -Natural Resources Conservation Service. This report replaced the previous efforts to classify soils on a county by county basis in Vermont. This report describes several farmland classification systems in use in Vermont and it provides information that can be used in making Important Farmland evaluations and ACT 250 Primary Agricultural Soils (criteria 913) and Productive Forest Soils (criteria 9C) evaluations. This edition updates the definitions of ACT 250 Primary Agricultural Soils (criteria 913) and Productive Forest Soils (criteria 9C) that were signed into law in May, 2006. Agricultural value groups are a land classification system that can be used to compare the "relative value" for crop production of one soil map unit to another. They can be a useful tool in administering national, state, and local land use programs and regulations. Rating of Existing Soils - Both of these soils were identified as having a value of 6. Primary Agricultural Soils in Vermont by definition have a soils rating ranging between 1 and 7. Suitable Replacement Soils - The attached list of mapped soils in Chittenden County provides an associated value ranging from 1 to 11. All of those soils that have values of 6 or less (those not crossed out) are eligible to be considered to be equal or better than those soils located on the Rye Associates property. This toll is provided in support of the offer of the applicant to provide off -site mitigation through the TDR process which replaces these soils with those of equal or better value. Attachments: Soil Map Chittenden County Soil Prime and Important Farmlands Listing (edited) Soil Map—Chittenden County, Vermont 44° 26' 32" 44" 26' 21" Map Scale: 1:2,400 if printed on A size (8.5" x 11 ") sheet. N N Meters 0 30 60 120 180 ti N Feet 0 100 200 400 600 USDA Natural Resources rr• Conservation Service Web Soil Survey National Cooperative Soil Survey 12/3/2012 Page 1 of 3 44° 26' 31" 440 26' 20" MAP LEGEND Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Units Special Point Features Blowout ® Borrow Pit X Clay Spot ♦ Closed Depression X Gravel Pit Gravelly Spot �j Landfill A Lava Flow 41& Marsh or swamp x Mine or Quarry Miscellaneous Water a Perennial Water v Rock Outcrop + Saline Spot Sandy Spot Severely Eroded Spot 0 Sinkhole Sg Slide or Slip 0 Sodic Spot Spoil Area Stony Spot Soil Map—Chittenden County, Vermont M Very Stony Spot it Wet Spot i Other Special Line Features Gully Short Steep Slope Other Political Features Cities Water Features Streams and Canals Transportation Rails iy+ Interstate Highways US Routes Major Roads Local Roads MAP INFORMATION Map Scale: 1:2,400 if printed on A size (8.5" x 11 ") sheet. The soil surveys that comprise your AOI were mapped at 1:15,840. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line li placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for accurate map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http://websoilsurvey.nres.usda.gov Coordinate System: UTM Zone 18N NAD83 This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Chittenden County, Vermont Survey Area Data: Version 15, Jan 19, 2010 Date(s) aerial images were photographed: 8/20/2003 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey 12/3/2012 "i Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map—Chittenden County, Vermont Map Unit Legend Chittenden County, Vermont (VT007) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI Cv Covington silty clay 0.1 0.5% VeB Vergennes clay, 2 to 6 percent slopes 20.6 99.5% Totals for Area of Interest 20.7', 100.0% USDA Natural Resources Web Soil Survey 12/3/2012 'iM Conservation Service National Cooperative Soil Survey Page 3 of 3 Rye Associates Off -site Primary Agricualtural Soil mitigation Listing. See last page for more detail. Prime and Important Farmlands (VT) Chittenden County, Vermont [This information is intended to be used in making Important Farmlands and Vermont Act 250 Primary Agricultural Soils evaluations. These ratings are based on the USDA-NRCS report "Farmland Classification Systems for Vermont Soils", revised June 2006. Map symbol Soil map unit name Vermont Important Farmland Rating (with footnote) Vermont Agricultural Value Group (with footnote) AdA Adams and Windsor loamy sands, 0 to 5 percent slopes Statewide 6 AdB Adams and Windsor loamy sands, 5 to 12 percent slopes Statewide (a) 6 AdD Adams and Windsor loamy sands, 12 to 30 percent slopes NPSL 8 AdE Adams and Windsor loamy sands; 30 tof&percent slopes NPSL 11 AgA Agawam fine sandy loam, 0 to 5 percent slopes Prime 1 AgD Agawam fine sandy lo^,rnQ,, 2 to 30 percent slopes NPSL 8 AgE Agawam fine sandy4eeffi 3G4e6Gpercent slopes NPSL 11 An Alluvial land NPSL 11 Au Au Gres fine sandy loam Statewide 6d Be Beaches NPSL 44 BIA Belgrade and Eldridge soils, 0 to 3 percent slopes Prime 1 BIB Belgrade and Eldridge soils, 3 to 8 percent slopes Statewide 2 BIG Belgrade and Eldridge soils;-&te-4rpereent slopes Statewide 7 BIB Belgrade and Eldridge soils,' `to25 pereent slopes NPSL 8 Be Blown -out land NPSL -1-4 Br Borrow pits NPSL 44 CaA Cabot stony silt loam, 0 to 3 percent slopes Statewide (b) 6d GaG Cabot stony silt loam, 3 to 16 percer4s+opes Statewide (b) 7d GbA Cabot extremely stony-s#Hoam, 04e-3-percent slopes NPSL 4-4 GbD Cabot extremely stony silt loam, 3 to 25 percent slopes NPSL 4-4 CoA Colton gravelly loamy sand, 0 to 5 percent slopes Statewide 6 GoB Gelton gravelly-leamy sand, 5 to 12 pereent-slopes Statewide (a) 7 GeG Geltengravelly4eafflysand, '.'_ `. ^ percent slopes NPSL 40 GsD Gelten-and Stetserrseils, 20 to 30-percent slopes NPSL 40 GsE Colton and Stetson soils, 30 to 60 percent slopes NPSL 11 Cv Covington silty clay Statewide (b) 6d DdA Duane and Deerfield soils, 0 to 5 percent slopes Statewide 6 DdB Duane -and -Deerfield seils,-&te12-percent slopes Statewide (a) 7 DdC Duane and -Deerfield s^0� 12 tei0 percent slopes NPSL 8 EwA Enosburg and Whately soils, 0 to 3 percent slopes Statewide (b) 4d EwB Enosburg and Whately soils, 3 to 8 percent slopes Statewide (b) 4d FaC Farmington extremely reelky leam, 6 te 20 peFeent slopes NPSL 8e FaE Farmington extremely ram, 2&te&0 percent -slopes NPSL 11 FsB Farmington-Stockbridge-focky loams,-64o 1-2-pereent slopes Statewide 7e FsC Farmington -Stockbridge rocky learns, 12 te72G-Weent slopes NPSL 9 FsE Farm ington-Steekbridge rocky leas, 20 te-60-pereent-slopes NPSL 44 Fu Fill land NPSL 44 Fw Fresh water marsh NPSL 44 GeB Georgia stony loam, 3 to 8 percent slopes Prime 3 GeC Georgia stony loam, 8 to 15 percent slopes Statewide 7 GgC Georgia extremely rcent-slopes NPSL 44 GgE Georgia extremely stony loam, 15 to pereent-slopes NPSL 44 Gpi Pits, sand -and -Pits, gravel NPSL 44 GrA Groton gravelly fine sandy loam, 0 to 5 percent slopes Statewide 4 USDA Natural Resources Conservation Service Tabular Data NASIS Export Date: 09/30/2005 Page 1 Prime and Important Farmlands (VT) Chittenden County, Vermont Map symbol Soil map unit name Vermont Important Farmland Rating with footnote ( ) Vermont Agricultural Value Group (with footnote) Gr6 pereentslopes Statewide -(a) 7 Gr6 GFeten gravelly fine sandy learn, 12 te 20 pefeent slopes NPSL 8 Gf9 am, 20 to 30-pereefA-slopes NPSL 8 GrE GrateA gravelly €rne-sandy loam, 30 to 69 pew slopes NPSL 4-1 Hf Hadley very fine sandy loam Prime 1 Hh Hadley very fine sandy loam, frequently flooded Prime (f) 1 HIB Hartland very fine sandy loam, 2 to 6 percent slopes Statewide 1 HIC Hartland very fine sandy loam, 6 to 12 percent slopes Statewide 5 HID Hartlarfd-veryLfine sandy learn, 12 te 25 peFeent slepe NPSL 8 HIE Hartland-very-€ine NPSL 11 HnA Hinesburg fine sandy loam, 0 to 3 percent slopes Prime 3 HnB Hinesburg fine sandy loam, 3 to 8 percent slopes Prime 3 HnC s Statewide 7 HnD NPSL 8 HnE Hinesburgfiine-sand NPSL 11 Le Limerick silt loam Statewide (b) 4d I.-f UnieFlek silt learn, very we NPSL 10 Lh Livingston clay NPSL 6d L-k Livingston so Ity elay, eeeasienally fleaded NPSL 10 L fta Lyman Marlow Feeky learns, 6 te 12 peFeent slepes Statewide 7e LmG L-yrnan Mar s NPSL 10 LyD Lyrnan Marlow very Feeky learns, 6 te 39 pereent slopes NPSL- 10 LyE slopes NPSL 11 MaB Marlow sterry learn, 6 to 12 peFeent slepe Statewide 7 MaC Marlow starry learn, 12 te 20 peFeent slopes Statewide {a) 7 MaD Marlow steny learn, 20 te 30 pereent slope NPSL 8 MeC Marlow extremely -stony slopes NPSL 44 MeE Marlow extremely sto pips 44 MnC Massena stony silt Statewide (b) 76 Mob Mass NPSL 44 MP �.,c and .Peat NPSL 44 MUD Munsen and Belgrade silt learns,NPSL 84 MyB Munson and Raynham silt loams, 2 to 6 percent slopes Statewide (b) 4d MyC MunsonStatewide (b) -d PaB Palatine silt loam, 3 to 8 percent slopes Prime 3 PaC Palatine silt loam, 8 to 15 percent slopes Statewide 5 PaD palatine silt learn, 16 to 26 pereent slopes NPSL 8 PaE Palatine silt learn, 26 te 60 peFeentdopes NPSL 44 Pc Peac#an-stenysilNeaer NPSL 4-9 PeA Peru stony loam, 0 to 5 percent slopes Prime 6d PeB Peru stony learn, 6 to 12 peFeent slepes Statewide 76 Pec Perustonyloam, 12 to 20 percent -slopes Statewide (a) 86 PeD Peru stony- learn, 39 pereentslopes NPSL 8d PSG Peru extremely lopes NPSL 44 PSE PeFu eAremely stony learn, 20 te 60 peFeent-slopes NPSL 44 Fad Quarries NPSL 44 USDA Natural Resources Conservation Service Tabular Data NASIS Export Date: 09/30/2005 Page 2 Prime and Important Farmlands (VT) Chittenden County, Vermont Map symbol Soil map unit name Vermont Important Farmland Rating (with footnote) Vermont Agricultural Value Group (with footnote) Rk Roek4and NPSL 11 ScA Scantic silt loam, 0 to 2 percent slopes Statewide (b) 6d ScB Scantic silt loam, 2 to 6 percent slopes Statewide (b) 6d Sd Searbere team NPSL 4-0 StA Stetson gravelly fine sandy loam, 0 to 5 percent slopes Prime 3 StB StetsonjFavelly fine -sandy -loans 5 to-12-percent-slopes Statewide 7 stc Stetson gfavelly fine -sandy loam; 42 to 29-percent-slopes NPSL 8 SuB Stockbridge and Nellis stony loams, 3 to 8 percent slopes Prime 1 Suc Stockbridge and Nellis stony loams, 8 to 15 percent slopes Statewide 5 Stab Stockbridge-and-Nellisstonyteams; 45-te-2 percent-slepes NPSL 8 SxC Stoekbridge-and Nellis-extfemelystony learns;-3,* 1§pereent slopes NPSL 11 SxE Steekbridgeend-Nelks-extfemely-stonyleams; 454D60-pereents4opes NPSL 41 TeE Tenoee-eseafprnents;silty andeleyey NPSL 11 VeB Vergennes clay, 2 to 6 percent slopes Statewide 6 VeG Vergennes-elay; 6-to 12-percent slopes Statewide 7 VeD Vergennes -clay, 2—to-25-percent-slopes NPSL 8 VeE Vergennes elay; 25 to 60 percent-slepes NPSL 11 W Water NPSL 11 WO Winooski very fine sandy loam Prime 1 The soil groups highlighted in yellow represent the soil groups present on the Rye Associates property. The soil classiffication system idenifies both the Covington Silty Clad (Cv) and the Vergennes Clay, 2 to 6 percent (VeB) as having a value of 6. The Primary Agricultural soils as defined by Act 250 are comprised of soils with classifications betweem 1 and 7. With regard to off -site mitigatiuon, those soils on this list which are highlighted or are not crossed off are considered to be equal to or better than the soils on the Rye Associates parcel. USDA Natural Resources Conservation Service Tabular Data NASIS Export Date: 09/30/2005 Page 3 MEMORANDUM TO: South Burlington City Council & City Manager FROM: Kimberly L. Murray, Development Coordinator SUBJECT: Public Hearing: Reconsideration of Interim Zoning Application #IZ-12-07 (1075 Hinesburg Road) DATE: December 3, 2012 City Council meeting Tonight's public hearing is a reconsideration of Interim Zoning Application #IZ-12-07, a proposed planned unit development consisting of 36 single family dwellings, 16 four-plex style homes, with 20,000 sq. ft. of commercial space in four buildings. The commercial space is located in the SEQ-VC district on 2.86 acres and the remaining development is on 15.15 acres in the SEQ-NR district for a total of 18.01 acres. The Village Commercial District is exempt from Interim Zoning but may be discussed in the context of the subdivision of land as it relates to the purpose statement regarding open space and sustainable agriculture. The uses proposed on the site contained in the Village Commercial District are not part of the Council's review. The applicant did not provide the correct information regarding the Transfer of Development Rights (TDR) calculations as part of this application. The application is being reconsidered for the City Council to receive the correct information. Staff has requested this information from the applicant a few times via email and phone prior to the hearing and did not receive any written materials to review before the hearing tonight. Staff s review of the TDR calculations is as follows: Applicant submitted that the area is 15.15 acres times 1.2 units density = 18.18 units allowed. Since they are proposing 52 units, 33.82 TDR units are still needed which equals over 40 acres of land. Staff interprets the calculations should have been: Starting with the entire parcel of 18.01 times 1.2 units = 21 units allowed. 31 TDRs are needed. 31 is divided by the density allowed of 1.2 units = 25.8 acres of land. We assume the applicant started off with the wrong acreage, did not round and multiplied by 1.2 instead of divide to (0, get a larger TDR need then required. �'-�--mac-- LL CiV�^ ii� Vv In pQ Q,( ✓St�1 . 575 Dorset Street South Burlington, VT 05403 tel 802.84�fax 802.846.4101 www.sburl.com Rye Associates Soil Rating System vc' t a,13 Existing Soils - The soils on the Rye Associates property have been mapped by the Natural Resources Conservation Service (see attached map) as being comprised primarily of: • Vergennes Clay, 2 to 6 percent (VeB) and a very small portion of: • Covington Silty Clays (Cv) Rating System Tool - To determine the relative value of these soils, we have utilized the Farmland Classification Systems for Vermont Soils published June, 2006 by the United States Department of Agriculture -Natural Resources Conservation Service. This report replaced the previous efforts to classify soils on a county by county basis in Vermont. This report describes several farmland classification systems in use in Vermont and it provides information that can be used in making Important Farmland evaluations and ACT 250 Primary Agricultural Soils (criteria 9B) and Productive Forest Soils (criteria 9C) evaluations. This edition updates the definitions of ACT 250 Primary Agricultural Soils (criteria 913) and Productive Forest Soils (criteria 9C) that were signed into law in May, 2006. Agricultural value groups are a land classification system that can be used to compare the "relative value" for crop production of one soil map unit to another. They can be a useful tool in administering national, state, and local land use programs and regulations. Rating of Existing Soils - Both of these soils were identified as having a value of 6. Primary Agricultural Soils in Vermont by definition have a soils rating ranging between 1 and 7. Suitable Replacement Soils - The attached list of mapped soils in Chittenden County provides an associated value ranging from 1 to 11. All of those soils that have values of 6 or less (those not crossed out) are eligible to be considered to be equal or better than those soils located on the Rye Associates property. This toll is provided in support of the offer of the applicant to provide off -site mitigation through the TDR process which replaces these soils with those of equal or better value. Attachments: Soil Map Chittenden County Soil Prime and Important Farmlands Listing (edited) Prime and Important Farmlands (VT) Chittenden County, Vermont [This information is intended to be used in making Important Farmlands and Vermont Act 250 Primary Agricultural Soils evaluations. These ratings are based on the USDA-NRCS report "Farmland Classification Systems for Vermont Soils", revised June 2006. Map symbol Soil map unit name Vermont Important Farmland Rating (with footnote) Vermont Agricultural Value Group (with footnote) AdA Adams and Windsor loamy sands, 0 to 5 percent slopes Statewide 6 AdB Adams and Windsor loamy sands, 5 to 12 percent slopes Statewide (a) 6 Ad8 Adanis and WpndSeF leamy sands, NPSL 8 AdE Adams and WFndSOF learny sands, 39 to 60 peFeent slopes NPSE 44 AgA Agawam fine sandy loam, 0 to 5 percent slopes Prime 1 A§D NPSE 8 AgE Agawam fine sandy 'earn, 30 to 69 peFeeRt slopes- NRSI= 4-4 An A"uvialland NPSI: 4-1 Au Au Gres fine sandy loam Statewide 6d Be Beaches NPSU 44 BIA Belgrade and Eldridge soils, 0 to 3 percent slopes Prime 1 BIB Belgrade and Eldridge soils, 3 to 8 percent slopes Statewide 2 BIG Statewide 7 849 NP8t 8 Be Blown eut'and NPSL 4-4 Bf Beffew pits NPSI= 44 CaA Cabot stony silt loam, 0 to 3 percent slopes Statewide (b) 6d GaG Statewide (b) 7d GbA NPSI= 44 G NPSE 4-4 CoA Colton gravelly loamy sand, 0 to 5 percent slopes Statewide 6 Ge6 GOItOA gFavelly learny sand, 6 to 12 peFeent slepes Statewide (a) 7 GoG Selten g es NP8U 40 GsB NPSL 49 QaE Gelten and Stetson seils, 30 to 60 pefeent slepes NPSIz 44- Cv Covington silty clay Statewide (b) 6d DdA Duane and Deerfield soils, 0 to 5 percent slopes Statewide 6 {d.B Duane and DeeFfield soils, 5 to 12 peFeent slepes Statewide (a) 7- 9dG Duane and DeeFfield soils, 12 te 20 percent slopes NPvSL 8 EwA Enosburg and Whately soils, 0 to 3 percent slopes Statewide (b) 4d EwB Enosburg and Whately soils, 3 to 8 percent slopes Statewide (b) 4d FaG NPSU 8e FaE NP8E 44 Fs6 Statewide 7e F&G NPBL 9 FsE NIPS 44 F-H Fill -land NPB4z -1-1 Fw Fresh wateF nnaFsh NP86 44 GeB Georgia stony loam, 3 to 8 percent slopes Prime 3 GeG Statewide 7 GQG NPSL 44 G NPSL 44 Gpi Pits, son - A Pits, gravel NPSL 4 4- GrA Groton gravelly fine sandy loam, 0 to 5 percent slopes Statewide 4 USDA Natural Resources Conservation Service Tabular Data NASIS Export Date: 09/30/2005 Page 1 Prime and Important Farmlands (VT) Chittenden County, Vermont Map symbol Soil map unit name Vermont Important Farmland Rating (with footnote) Vermont Agricultural Value Group (with footnote) GFB Statewide (a) 7 Gf6 GFOten gFavelly fine sandy leam, 12 to 20 percent slopes NPSL 8 GF9 NPSL 8 6rENIPSL 44 Hf Hadley very fine sandy loam Prime 1 Hh Hadley very fine sandy loam, frequently flooded Prime (f) 1 HIB Hartland very fine sandy loam, 2 to 6 percent slopes Statewide 1 HIC Hartland very fine sandy loam, 6 to 12 percent slopes Statewide 5 KO reent- slopes NRSE 8 H+Elearn, 26 to 60 peFeent slopes NPSL 44 HnA Hinesburg fine sandy loam, 0 to 3 percent slopes Prime 3 HnB Hinesburg fine sandy loam, 3 to 8 percent slopes Prime 3 Ha6 Statewide 7- HnD NPSL 8 WnE Hinesbufg-fine sandy learn, 26 slopes NPSL 44 Le Limerick silt loam Statewide (b) 4d Lf Limerick Silt learn, very wet NP-SL 40 Lh Livingston clay NPSL 6d Lk NPSL 4-0 L-m6 Statewide -7e Lra6 NPSL 40 LY9 L-yn}an Ma NPSL 40 LYE NPSL 44 MaB Aaflew stony learn, 6 te 12 peFeent s4epes Statewide 7 MaG Statewide (a) 7- M&B NPSL 8 MoG NPSL 44 MeE NPSL 44 Mn6 Statewide-M 7-d MoG I.AasseRa eXtFemely steny silt leam, 0 te 16 peFeent slopes NPSL 44 Mp NPSL 44 Mug NPSL 8d MyB Munson and Raynham silt Ioams, 2 to 6 percent slopes Statewide (b) 4d MY6 , Stetewide-(b) 7-d PaB Palatine silt loam, 3 to 8 percent slopes Prime 3 PaC Palatine silt loam, 8 to 15 percent slopes Statewide 5 Pa6 Palatine silt learn, 16 te 25 peFeent slepes NPSL 8 PaE NPSL 44 Pe NPSL 40 PeA Peru stony loam, 0 to 5 percent slopes Prime 6d PoB Statewide -7d Pe6 Statewide -(a) 8d PeB PeFu steny leam, 8d P-&G NPSL 44 PsE Peru extremely steny leam, 20 te 61 peFeent slopes NPSL 4-1 Qd Quarries NPSL 44 USDA Natural Resources Conservation Service Tabular Data NASIS Export Date: 09/30/2005 Page 2 Prime and Important Farmlands (VT) Chittenden County, Vermont Map symbol Soil map unit name Vermont Important Farmland Rating (with footnote) Vermont Agricultural Value Group (with footnote) R-k Reek 'and NPS[= 4-1 ScA Scantic silt loam, 0 to 2 percent slopes Statewide (b) 6d ScB Scantic silt loam, 2 to 6 percent slopes Statewide (b) 6d Sd Searbere learn Nf-84= 40 StA Stetson gravelly fine sandy loam, 0 to 5 percent slopes Prime 3 StB Statewide 7 St6 Stetson gFavelly fine sandy leafn,42 te 29 peFeent slopes NPSL 8 SuB Stockbridge and Nellis stony loams, 3 to 8 percent slopes Prime 1 Suc Stockbridge and Nellis stony loams, 8 to 15 percent slopes Statewide 5 SUD Steekb NPSL 8 &x6 s,3 to 15-3ereent-slepes NPSL 1-4 SxE NPSL 4-4 4 eE NPSL 44 VeB Vergennes clay, 2 to 6 percent slopes; Statewide 6, Ve6 Vergerr ent-stepes Statewide 7 VeB NPSL 8 NPSL 4-1 W WateF NPSL 4-1 Wo Winooski very fine sandy loam Prime 1 The soil groups highlighted in yellow represent the soil groups present on the Rye Associates property. The soil classiffication system idenifies both the CovingtonSilty Clad (Cv) and the Vergennes Clay, 2 to 6 percent (VeB) as having a value of 6. The Primary Agricultural soils as defined by Act 250 are comprised of soils with classifications betweem 1 and 7. With regard to off -site mitigatiuon, those soils on this list which are highlighted or are not crossed off are considered to be equal to or better than the soils on the Rye Associates parcel. USDA Natural Resources Conservation Service Tabular Data NASIS Export Date: 09/30/2005 Page 3 Soil Map—Chittenden County, Vermont 440 26' 32" 44° 26' 21" e Map Scale: 1:2,400 if printed on A size (8.5" x 11") sheet. N N Meters ^ 0 30 60 120 180 N Feet 0 100 200 400 600 U$,, DA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 12/3/2012 Page 1 of 3 44' 26' 31" 44' 26' 20" Soil Map—Chittenden County, Vermont MAP LEGEND MAP INFORMATION Area of Interest (AOI) (xj very Stony Spot Map Scale: 1:2,400 if printed on A size (8.5" X 11 ") sheet. Area of Interest (AOq Wet Spot The soil surveys that comprise your AOI were mapped at 1:15,840. Soils �; Soil Map Units + other Warning: Soil Map may not be valid at this scale. Special Point Features Special Line Features - Enlargement of maps beyond the scale of mapping g p y FP g can cause Gully misunderstanding of the detail of mapping and accuracy of soil line Blowout Short Steep Slope placement. The maps do not show the small areas of contrasting ® Borrow Pit soils that could have been shown at a more detailed scale. Other Clay Spot Politicall Features Please rely on the bar scale on each ma sheet accurate ma y p t ftp # Closed Depression 0 Cities measurements. Gravel Pit water Features Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http://websoilsurvey.nres.usda.gov Gravelly Spot Streams and Canals Coordinate System: UTM Zone 18N NAD83 Landfill Transportation This product is generated from the USDA-NRCS certified data as of A Lava Flow Rails the version date(s) listed below. ,J& Marsh or swamp ' Interstate Highways Soil Survey Area: Chittenden County, Vermont US Routes Survey Area Data: Version 15, Jan 19, 2010 R Mine or Quarry op Miscellaneous Water Major Roads Date(s) aerial images were photographed: 8/20/2003 O Perennial Water Local Roads The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background ./ Rock Outcrop imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. + Saline Spot Sandy Spot Severely Eroded Spot 0 Sinkhole 1y Slide or Slip ( Sodic Spot Spoil Area Q Stony Spot USDA Natural Resources Web Soil Survey 12/3/2012 "� Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map—Chittenden County, Vermont Map Unit Legend Chittenden County, Vermont (VT007) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI Cv Covington silty clay 0.1 0.5% VeB Vergennes clay, 2 to 6 percent slopes 20.6 99.5% Totals for Area of Interest 20.7 100.0% USDA Natural Resources Web Soil Survey 12/3/2012 Conservation Service National Cooperative Soil Survey Page 3 of 3 MEMORANDUM TO: South Burlington City Council & City Manager FROM: Kimberly L. Murray, Development Coordinator SUBJECT: Public Hearing: Reconsideration of Interim Zoning Application #IZ-12-07 (1075 Hinesburg Road) DATE: December 3, 2012 City Council meeting Tonight's public hearing is a reconsideration of Interim Zoning Application #IZ-12-07, a proposed planned unit development consisting of 36 single family dwellings, 16 four-plex style homes, with 20,000 sq. ft. of commercial space in four buildings. The commercial space is located in the SEQ-VC district on 2.86 acres and the remaining development is on 15.15 acres in the SEQ-NR district for a total of 18.01 acres. The Village Commercial District is exempt from Interim Zoning but may be discussed in the context of the subdivision of land as it relates to the purpose statement regarding open space and sustainable agriculture. The uses proposed on the site contained in the Village Commercial District are not part of the Council's review. The applicant did not provide the correct information regarding the Transfer of Development Rights (TDR) calculations as part of this application. The application is being reconsidered for the City Council to receive the correct information. Staff has requested this information from the applicant a few times via email and phone prior to the deadline to submit written material for the Council's packet but we did not receive anything. Staff s review of the applicant's TDR calculations is as follows: Applicant used the lot proposed for housing which is 15.15 acres multiplied by 1.2 units density = 18.18 units allowed. Since 52 units are proposed, 33.82 TDR units are still needed which equals over 40 acres of land. Staff interprets the calculations should have been: Both lots which make up the proposed PUD can be used which equals 18.01 acres multiplied by 1.2 units = 21 units allowed. 31 TDRs are needed. 31 is divided by the density allowed of 1.2 units = 25.8 acres of land. We assume the applicant started off with the wrong acreage, did not round up, and multiplied by 1.2 instead of divided to get a larger TDR needed then required. 575 Dorset Street South Burlington, VT 05403 tel 802.846,4131 fax 802.846.4101 www.sburl.com a-- 31 1 • �- u%�--� (il�.r� �`J"�-. oia-�e-�, a..5. $ a l�.�J l�Li 2 Kimberly Murray From: Kimberly Murray Sent: Friday, November 02, 2012 11:43 AM To: Sandy Miller; Bob Rusten Cc: JLadd; Paul Conner Subject: RE: **Need to add item to IZ Council Agenda items for 11/5 Sandy, Upon review by Amanda, Paul, and myself of the draft decision and conditions placed on IZ-12-07 Rye Associates regarding the use of TDRs, we found the applicant's math was in error as to the amount of TDRs needed and the acres of SEQ prime ag land conserved. We agree that we need to ask Council to reopen the hearing Mon. night to allow the applicant to submit the correct information and allow the Council the opportunity to hear it. That is the only action Council needs to take, they do not discuss it further or take testimony or set a new date. Ray and I will work out the next hearing date as abutters need to be noticed and it needs to be rewarned. See wording below. I can explain this to Council on Mon. in deliberative session. I will be contacting the applicant to explain it as well. I am out during lunch today, I will check in with you upon my return. Thanks, Kimberly Add to agenda: 1. Consider reopening Interim Zoning Application #IZ-12-07, Rye Associates, 52 unit PUD with 20,000 sq. ft. of commercial space in 4 buildings, 1075 Hinesburg Road. Note to Council: Staff found the applicant's math was in error as to the amount of TDRs needed and the acres of SEQ prime ag land conserved. The Council should reopen the public hearing due to incorrect information on the calculation of needed TDRs as part of the application. Staff can explain in more detail in deliberative session on Mon. KIMBERLY L. MURRAY, AICP Development Coordinator t 802-846-4131 f 801-846-4101 kmurrav@sburl.com www.sburl.com 575 Dorset Street i South Burlington, Vermont 05403 Kimberly Murray From: ray Sent: Tuesday, December 11, 2012 12:15 PM To: Kimberly Murray; Paul Conner Subject: RE: IZ-12-07 Rye Assoc This looks OK. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com From: Kimberly Murray Sent: Tuesday, December 11, 2012 10:54 AM To: Paul Conner; ray Subject: IZ-12-07 Rye Assoc Hi Paul and Ray, At 12/3 Council meeting, the public hearing was closed with the understanding that the Council and the applicant agreed to go with staffs TDR calculations and that I would double check with P&Z. See my TDR calculations below that we discussed and I relayed to Council on 12/3. Please confirm these are correct or let me know what it should be. The applicant came up with a slightly different number due to not rounding at each step either up or down (25.33 acres). Staff's number will be what the Council uses in its deliberations which may be on the 17tn Staff's review of the applicant's TDR calculations is as follows: Applicant used the lot proposed for housing which is 15.15 acres multiplied by 1.2 units density = 18.18 units allowed. Since 52 units are proposed, 33.82 TDR units are still needed which equals over 40 acres of land. Staff interprets the calculations should have been: Both lots which make up the proposed PUD can be used which equals 18.01 acres multiplied by 1.2 units = 21 units allowed. 31 TDRs are needed. 31 is divided by the density allowed of 1.2 units = We assume the applicant started off with the wrong acreage, did not round up, and multiplied by 1.2 instead of divided to get a larger TDR needed then required. � .d� 3 3.7a a cpe- Gy0�4�X- OsA��5.�h� ins Thanks, K i.vV� LAJ �G,�A > 0WV11 #IZ-12-07 p CITY OF SOUTH BURLINGTON CITY COUNCIL 1075 Hinesburg Road INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-07 FINDINGS OF FACT AND DECISION Rye Associates, LLC., hereafter referred to as the applicants, request conditional use approval under 24 V.S.A. §4415 and the Interim Bylaw to create a fifty-two (52) unit PUD including fourteen (14) cottage style homes, sixteen (16) four-plex style homes, twenty-two (22) SF homes, with 20,000 sq. ft. of commercial space in four (4) buildings at 1075 Hinesburg Road. The City Council held a public hearing on July 16, 2012, August 6, 2012, August 20, 2012, and October 1, 2012. Greg Rabideau of Rabideau Architects represented the applicant at these hearings. Based on testimony provided at the above mentioned public hearing, the plans and supporting materials contained in the document file for this application, the City Council finds, concludes, and decides the following: FINDINGS OF FACT 1. Rye Associates, LLC., hereafter referred to as the applicants, requests Interim Zoning conditional use approval to create a fifty-two (52) unit, planned unit development (PUD) including fourteen (14) cottage style homes, sixteen (16) four-plex style homes, twenty- two (22) SF homes, with 20,000 sq. ft. of commercial space in four (4) buildings at 1075 Hinesburg Road. 2. The owner of record of the subject property is Rye Associates, LLC. 3. The application was received on June 4, 2012. 4. The subject property is located in the SEQ-Neighborhood Residential District and the SEQ-Village Commercial Districts. The minimum lot size for each of these Districts is 12,000 square feet for a single-family dwelling. 5. The 20,000 square feet of commercial space is located in the Village Commercial District on 2.86 acres, the residential development is located in the Neighborhood Residential District on 15.15 acres. 6. The plans submitted consist of a four (4) page set of plans, entitled "Rye Associates Planned Unit Development," prepared by Civil Engineers Associates, Inc., dated December 2011. 1 C:\Users\kmurray\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ZIDUABKB\son12-033 IZ 12 07 1075 Hinesburg RyeAssoc ffd.doc Hinesburg RyeAssoc--ffd.dooGaUsers\amanda\AppData\Local\Microsoft\Windows\Temporary4r+ternel �k\7AtKnn,,,L-oF�nn_12_m_1075 Hine �, .�_ �oo��.,.._ff, dGG #IZ-12-07 7_Written testimony indicates no limitations t94)ei, g-&e ayon service of municipal water to the PUD. and thatThe City Airport Wastewater Treatment Facility was upgraded to enable additional wastewater design flows. Formatted: List Paragraph, No bullets or 7- numbering 8. The resulting development will consist of one 1.7-acres of open space of which half is either wetland or wetland buffer. 9. In this area along Hinesburg Road there is existing commercial development across (east of) Hinesburg Road and off of Meadowland Drive as well as further north on Tilley Drive. South and adjacent to the development are two existing similarly dense residential neighborhoods, Butler Farms and Oak Creek. To the north is undeveloped land. 10. The written testimony states that there is adequate capacity on Hinesburg Road and the local streets to accommodate the increase in traffic. 11. There are Class III wetlands located in the middle of the property running north to south- southeast. No other environmental limitations (steep slopes, shallow depth to water tables) or significant natural resources (wildlife habitat or corridors, rare tree stands, etc.) are apparent on the subdivision site. There are no adjacent connected environmental limitations or significant natural resources 12. The proposed subdivision does not include renewable energy production on site. 42-13 Applicant proposes to sell six of the proposed 52 dwelling units at a price that is affordable to families making 80% of Chittenden County median income which currently is $238 000 Applicant also proposes to reserve another four dwelling units for buyers who qualify for the Vermont Housing Finance Agency's first time buyer program. 43 14. The residential density proposed requires the use of transfer of development rights-(TDRs) from a separate parcel which will conserve at least 40 acres of undeveloped land with soils that meet the State of Vermont's definition of Primary Agricultural soils . CONCLUSIONS OF LAW I. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012 Interim Bylaw Section II: Description of Districts Affected This Interim Bylaw shall apply to all Districts established and listed in Article 3.01(A)(1)- (4) of the South Burlington Land Development Regulations except for. 2 C:\Users\kmurray\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\Z1 DUABKB\son12-033 IZ 12 07 1075 Hinesburg RyeAssoc ffd dor.K-\Va/PDnG`^ l9 032 17 12 07 ,— Hinesburg--RyeAssos -ffd:doeG:\Users\amanda\Appl)ata\Local\Microsoft\Windows\Temporary-Internet F 075u r.n o _ r — Formatted: List Paragraph, No bullets or numbering #IZ-12-07 A. Airport Industrial B. Airport C. Institutional Agricultural — North D. Queen City Park E. Lakeshore Neighborhood F. Municipal G. Park and Recreation H. Southeast Quadrant— Village Commercial L Mixed Industrial and Commercial District J. Industrial and Open Space District The proposed residential development is within the SEQ-Neighborhood Residential District and is therefore subject to the Interim Bylaw. The commercial development is within the SEQ-Village Commercial District and is therefore not subject to the Interim Bylaw. Because this development is a subdivision of land that partially falls within a district subject to Interim Bylaw review, the development within the Village Commercial District may be reviewed in context of the entire proposed development as a conditional use not otherwise permitted by this Interim Bylaw. Interim Bylaw Section Ill: Limitations on Land Development Within the areas affected by this Interim Bylaw, the following shall not be allowed: A. New Planned Unit Developments. B. New subdivisions. C. New principal buildings that require site plan approval. D. Alterations to existing principal buildings. E. Alterations to any other existing structures used for commercial or industrial purposes. F. Amendment of a master plan or any related site plans or plats that deviates from an approved Master Plan in one of the respects set forth in Article 15.07(D)(3)(a)-(e) of the South Burlington Land Development Regulations. The main purpose of an interim bylaw is to temporarily preserve the existing land uses and maintain the status quo while the municipality formulates its permanent zoning bylaws. See Town of Mendon v. Ezzo, 129 Vt. 351, 356-357, 358 (1971); see also Section I of the Interim Bylaw ("[T]he purpose of this Interim Bylaw is to provide the City time ... to prepare and adopt amendments to the Land Development Regulations that implement the City's goals and objectives."). For the reasons set forth in the Purpose of the Interim Bylaw, and to temporarily preserve the existing land uses and maintain the status quo while the City formulates amendments to its Land Development Regulations, the City Council determined that six types of development will or could be contrary to the amendments to the Land Development Regulations and the Comprehensive Plan the City is presently contemplating adopts. The proposed development, a fifty-two (52) unit PUD including fourteen (14) cottage style homes, sixteen (16) four-plex style homes, twenty-two (22) SF homes, with 20,000 sq. ft. of commercial space in four (4) buildings, is prohibited by the Interim Bylaw pursuant to 3 C:\Users\kmurrav\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ZIDUABKB\son12-033 IZ 12 07 1075 Hinesburg RyeAssoc ffd.doc Hinesburq--RyeAssoc--ffd-:docG. Users\amanda\AppData\Loeat\Microsoft\WindowslTemporary-Int.-met KA�1-2 4075 H Aes #IZ-12-o7 Section III(B) above, and does not qualify for an exemption under Section IV of the Interim Bylaw. IL STANDARDS OF REVIEW Interim Bylaw Section VI: Review of Applications The City Council may, upon application, authorize the issuance of permits for any type of development as a conditional use not otherwise permitted by this Interim Bylaw, after public hearing preceded by notice in accordance with 24 V.S.A. section 4464. The authorization by the legislative body shall be granted only upon a finding by the Council that the proposed use is consistent with the health, safety, and welfare of the municipality and the following standards. The proposed development shall not result in an undue adverse effect on any of the following: A. The capacity of existing or planned community facilities, services, or lands. B. The existing patterns and uses of development in the area. C. Traffic on roads and highways in the vicinity. D. Environmental limitations of the site or area and significant natural resource areas and sites. E. Utilization of renewable energy resources. F. Municipal plans and other municipal bylaws, ordinances, or regulations in effect. The applicant has submitted a complete application for Conditional Use approval by the City Council pursuant to this section. As set forth above, the proposed project is prohibited by the Interim Bylaw. Despite this prohibition, the City Council may authorize the issuance of a permit for any type of development as a conditional use not otherwise permitted by the Interim Bylaw if the City Council concludes that the proposed development is consistent with both the health, safety, and welfare of the municipality as well as the standards identified as A through F in Section V114 of the Interim Bylaw. A. Is the Proposed Development Consistent with the Health, Safety, and Welfare of the City of South Burlington? To determine whether the proposed development is consistent with the health, safety, and welfare of the City of South Burlington, the City Council considers whether the specific development proposal is the type of development that will or could be contrary to the amendments to the Land Development Regulations and the Comprehensive Plan presently being contemplated by the City. The goals discussed in the Purpose statement in Section I of the Interim Bylaw guide the City Council's analysis of whether the proposed development is the type of development that will or could be contrary to the anticipated amendments. The Purpose statement is a summary both of #IZ-12-07 the rationale for adopting the Interim Bylaw and of the studies and planning process that are underway in the City. The goals include the adoption of Form Based Code -style regulations for the City Center and adjacent Williston Road area and possibly other areas of the City', the update of the Comprehensive Plan to include as City goals the support of sustainable agriculture, the conservation of open space, and the promotion of housing for people of all incomes and stages of life; and the preparation and adoption of amendments to the Land Development Regulations that implement the City's goals and objectives. The City is in the process of formulating Form Based Code regulations for the City Center and adjacent Williston Road area and determining to what additional areas of the City, if any, the Form Based Code regulations will apply. (Form Based Codes focus on physical form rather than on uses and address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks.) The proposed subdivision of land is not located in the City Center / Williston Road area, but it is within an area of the City in which the City is contemplating the adoption of Form Based Code regulations. Fifty-two units of housing are proposed as well as 20,000 square feet of office space. The parking is placed inthebackbehind or to the side of buildings, the buildings front the street and the streetscape elements are in keeping with FBC concepts. The proposed development will not be contrary to any Form Based Code regulations that the City is contemplating for this area. The proposed subdivision creates a 1.7 acre area in support of open space which also conserves wetland area and buffer. In addition, sustainable agriculture is supported through the conservation of open agricultural lands through the purchase of transfer of development rights of over forty acres of land with soils that meet the State of Vermont definition of Prime Agricultural soils. The proposed subdivision creates fifty-two (52) units of housing of various types and for various income levels. Applicant proposes to sell six of the proposed 52 dwelling units at a price that is affordable to families making 80% of Chittenden County median income which currently is $238,000. Applicant also proposes to reserve another four dwelling units for buyers who qualify for the Vermont Housing Finance Agency's first time buyer program , Tbe_app4Gant-_pFGpeses-ta require o Gr a sales ng a County median iRGOrne, GUFFeRtly-a sales prorGe. of $239,000. in additieR, the appliGant will rPcon4e fn r n'+c that I'f. for PHFA first time h h w� u,,, qua,;,; ,,, r-s-pregFarn-: These efforts are no „s'&+�ten�_,o.,� +,.; further the goal of promoting housing for people of all incomes and stages of life. Based on this analysis, the Council concludes that the proposed development is not the type of development that will or could be contrary to the contemplated amendments to the Land Development Regulations and the Comprehensive Plan and therefore, is consistent with health, safety, and welfare of the City of South Burlington. #IZ-12-07 B. Is the Proposed Development Consistent with the Standards Identified as A through F in Section 111 of the Interim Bylaw? Even when the City Council concludes that a proposed project in consistent with the health, safety, and welfare of the City of South Burlington, the Council also must conclude that the proposed development will not have an undue adverse effect on any of the standards listed in Section VI of the Interim Bylaw in order for the proposed development to receive conditional use approval under the Interim Bylaw. See 24 V.S.A. §4415(d), (e). Interim Bylaw Section VI(A): The proposed development shall not result in an undue adverse effect on the capacity of existing or planned community facilities, services, or lands. The proposed subdivision will result in new demands on existing municipal water and wastewater services but sufficient capacity exists to accommodate the development_ and -Any adverse effect is not considered undue. The City Council therefore concludes that the proposed subdivision will not have an undue adverse effect on the capacity of existing or planned community facilities, services or lands. Interim Bylaw Section VI(B): The proposed development shall not result in an undue adverse effect on the existing patterns and uses of development in the area. Because the proposed subdivision does not impact the existing patterns of use and creates commercial and residential development similarly adjacent along Hinesburg Road, the City Council concludes that the proposed subdivision will not have an adverse effect on the existing patterns and uses of development in the area. Interim Bylaw Section VI(C): The proposed development shall not result in an undue adverse effect on traffic on roads and highways in the vicinity. The proposed s,bdivisien-PUD which includes 52 dwelling units, will result in an increase in traffic on roads and highways in the vicinity, but it is indicated that sufficient capacity exists to not produce an undue adverse impact. The City Council is confident with the standards for review in the Land Development Regulations that t#is traffic generated by the proposed proiect will be reviewed in detail by the Development Review Board. Any changes to the proiect resulting from the DRB's review will require additional review by City Council. Based on these findings, the City Council concludes that the proposed subdivision will not have an undue adverse effect on traffic on roads and highways in the vicinity. Interim Bylaw Section VI(D): The proposed development shall not result in an undue adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. #IZ-12-07 There are Class III wetlands on the site. The applicant proposed to preserve 1.7 acres of open space which will include the wetland areas and the buffer. No other environmental limitations (steep slopes, shallow depth to water tables) or significant natural resources (wildlife habitat or corridors, rare tree stands, etc.) are apparent on the subdivision site. There are no adjacent connected environmental limitations or significant natural resources. Based on these findings, the City Council concludes that the proposed subdivision will not have an adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. Interim Bylaw Section VI(E): The proposed development shall not result in an undue adverse effect on utilization of renewable energy resources. While the proposed subdivision does not include renewable energy production on site, the proposed subdivision does not preclude the use of renewable energy by adjacent properties. Thus, the City Council concludes that the proposed subdivision will not have an adverse effect on utilization of renewable energy resources. Interim Bylaw Section VI(F): The proposed development shall not result in an undue adverse effect on municipal plans and other municipal bylaws, ordinances, or regulations in effect. South Burlinqton Comprehensive Plan Goals (adopted March 9 2011) Upon review and consideration of the goals in the existing Comprehensive Plan, the City Council concludes that the proposed subdivision will not result in an undue adverse effect on j the Comprehensive Plan. K " Land Development Regulations (amended May 7 2012) l If the following conditions are met, the proposed subdivision will not result in an undue adverse 3 effect on the existing Land Development Regulations: 1. The applicant shall receive approval from the Development Review Board prior to issuance of a zoning permit. I. 2. The applicant shall obtain a zoning permit prior to the commencement of any land I development. All other city ordinances If the following condition is met, the proposed subdivision will not result in an undue adverse effect on all other City ordinances. J 1. Applicants shall receive all other applicable City permits. 7 C \Users\kmurrav\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content OUtlook\ZlbUABKB\son12-033 IZ 12 07 1075 Hinesburg RyeAssoc ffd doc Hinesburg --RveAssoc-ffddeGG;\Users\amanda\App Data\Local\Microsoft\W indowslTempe rary-Internet Rles±GenteRt:9UfIGGkWniKM ❑ V�1Z_"_87_4W-5-Hinesn rg_RyeAsseG-_ffd_d96 r x �. aS.Fa 4�3 #IZ-12-o7 Subject to the three conditions identified above, the City Council finds that the proposed subdivision will not have an undue adverse effect on the Comprehensive Plan and other municipal bylaws, ordinances, or regulations in effect. For the reasons set forth above, the Council concludes that the proposed project is consistent with the health, safety and welfare of the City of South Burlington and the standards set forth in Section VI(A)-(F) of the Interim Bylaw. DECISION Motion by , seconded by , to approve Interim Zoning Conditional Use Application #IZ-12-07 of Rye Associates, LLC, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Ten percent (10%) or six residential units wfN-shall be sold at a sales price affordable to families making 80% of Chittenden County median income, currently a sales price of $238,000. In addition, the applicaR another will four units shall be sold to buyers who qualify for the Vermont Housing Finance Agency's first time buyer program. thatqualif-y 4. As part of this PUD the applicant proposes the transfer of development rights for 33.82 units of the 52 dwelling units. The parcel of land of-TDRs-in South Burlington's SEQ are req from which these development rights are transferred shall conserve at least 40 acres of land with soils that meet the State of Vermont definition of Prime Agricultural soils and have an equal or better quality rating as the soils on the subject property. 5. The applicant shall receive approval from the Development Review Board prior to issuance of a zoning permit. 6. The applicant shall obtain a zoning permit prior to the commencement of any land development. 7. Applicants shall receive all other applicable City permits. 8. Any changes to the project plans shall require approval of the South Burlington City Council so long as the Interim Bylaw remains in effect. Rosanne Greco— yea/nay/abstain/not present Helen Riehle — yea/nay/abstain/not present Pam Mackenzie — yea/nay/abstain/not present #IZ-12-07 Sandra Dooley — yea/nay/abstain/not present Paul Engels — yea/nay/abstain/not present Motion by a vote of _- Signed this day of 2012, by Rosanne Greco, 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 575 Dorset 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://vermontmudiciary.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 802.879.5676 to speak with the regional Permit Specialist. 9 C:\Users\kmurray\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\Z1 DUABKB\son12-033 IZ 12 07 1075 Hinesburg RyeAssoc ffd doc Hinesburg- RyeAssoc--ffd:docC \Users\amanda\AppData\Loca4\Microsoft\WindowslTemporary Internet Files te••t.OutIook\7NKMLo6NAIZ__m_1^75 Hine sb r, w_ffd-.doG #IZ-12-07 s CITY OF SOUTH BURLINGTON CITY COUNCIL 1075 Hinesburg Road INTERIM ZONING CONDITIONAL USE APPLICATION #IZ-12-07 FINDINGS OF FACT AND DECISION Rye Associates, LLC., hereafter referred to as the applicants, request conditional use approval under the Interim Bylaw to create a fifty-two (52) unit PUD including fourteen (14) cottage style homes, sixteen (16) four-plex style homes, twenty-two (22) Ssingle family homes, with 20,000 sq. ft. of commercial space in four (4) buildings at 1075 Hinesburg Road. The City Council held a public hearing on July 16, 2012, August 6, 2012, August 20, 2012, and October 1, 2012. Greg Rabideau of Rabideau Architects represented the applicant at these hearings. Based on testimony provided at the above mentioned public hearing, the plans and supporting materials contained in the document file for this application, the City Council finds, concludes, and decides the following: FINDINGS OF FACT 1. Rye Associates, LLC., hereafter referred to as the applicants, requests Interim Zoning conditional use approval to create a fifty-two (52) unit, planned unit development (PUD) including fourteen (14) cottage style homes, sixteen (16) four-plex style homes, twenty- two (22) SF— ng e family homes, with 20,000 sq. ft. of commercial space in four (4) buildings at 1075 Hinesburg Road. 2. The owner of record of the subject property is Rye Associates, LLC. 3. The application was received on June 4, 2012. 4. The subject property is located in the SEQ-Neighborhood Residential DistFistand the SEQ-Village Commercial Districts. The minimum lot size for each of these Districts is 12,000 square feet for a single-family dwelling. 5. The 20,000 square feet of commercial space is located in the Village Commercial District on 2.86 acres, the residential development is located in the Neighborhood Residential District on 15.15 acres. 6. The plans submitted consist of a four (4) page set of plans, entitled "Rye Associates Planned Unit Development," prepared by Civil Engineers Associates, Inc., dated December 2011. 1 C:\Users\pconner\HppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\J5VDM039\son12-033 IZ 12 07 1075 Hinesburg RyeAssoc ffd.do Hinesburg Ry takL4Ga #IZ-12-07 7_Written testimony indicates no limitations to be+ag sewed on service of municipal water to the PUD. ^^^gin**The City Airport Wastewater Treatment Facility was upgraded to enable additional wastewater design flows. Formatted: List Paragraph No bullets or —J numbenng 8. The resulting development will consist of one 1.7-acres of open space of which half is either wetland or wetland buffer. 9. In this area along Hinesburg Road there is existing commercial development across (east of) Hinesburg Road and off of Meadowland Drive as well as further north on Tilley Drive. South and adjacent to the development are two existing similarly dense residential neighborhoods, Butler Farms and Oak Creek. To the north is undeveloped land. 10. The written testimony states that there is adequate capacity on Hinesburg Road and the local streets to accommodate the increase in traffic. 11. There are Class III wetlands located in the middle of the property running north to south- southeast. No other environmental limitations (steep slopes, shallow depth to water tables) or significant natural resources (wildlife habitat or corridors, rare tree stands, etc.) are apparent on the subdivision site. There are no adjacent connected environmental limitations or significant natural resources 12. The proposed subdivision does not include renewable energy production on site. Formatted List Paragraph No bullets or 42.13 Applicant proposes to sell siz of the proposed 52 dwelling units at a price that is numbering affordable to families making 80% of Chittenden County median income, which currently is $238 000 Applicant also proposes to reserve another four dwelling units for buyers who qualify for the Vermont Housing Finance Agency's first time buyer program. 4-3-14. The residential density proposed requires *e use of the transfer of ** 31 transferable development rights-(TDRs) from a separate parcel, which will conserve at least 4Cracres of undeveloped land that the applicant has testified will be with soils that / lale me the State of Vermont's definition of Primary Agricultural soils RLS re CONCLUSIONS OF LAW V I. APPLICABILITY OF INTERIM BYLAW, ADOPTED FEBURARY 21, 2012 Interim Bylaw Section Il: Description of Districts Affected This Interim Bylaw shall apply to all Districts established and listed in Article 3.01(A)(1)- (4) of the South Burlington Land Development Regulations except for: 2 C \Users\DconnerWppData\Local\Microsoft\Windows\Temporary Internet Files\Content Outlook\J5VDM039\son12-033 IZ 12 07 1075 Hinesburg RyeAssoc ffd.d Hinesburg- RyeA erary Internet €files\CeMent.{kk+t _ _ _ _ _ wee #IZ-12-07 A. Airport Industrial B. Airport C. Institutional Agricultural — North D. Queen City Park E. Lakeshore Neighborhood F. Municipal G. Park and Recreation H. Southeast Quadrant— Village Commercial L Mixed Industrial and Commercial District J. Industrial and Open Space District The proposed residential development is within the SEQ-Neighborhood Residential District and is therefore subject to the Interim Bylaw. The commercial development is within the SEQ-Village Commercial District and is therefore not subject to the Interim Bylaw. Because this development is a subdivision of land that partially falls within a district subject to Interim Bylaw review, the development within the Village Commercial District may be reviewed in context of the entire proposed development as a conditional use not otherwise permitted by this Interim Bylaw. Interim Bylaw Section Ill. Limitations on Land Development Within the areas affected by this Interim Bylaw, the following shall not be allowed. A. New Planned Unit Developments. B. New subdivisions. C. New principal buildings that require site plan approval. D. Alterations to existing principal buildings. E. Alterations to any other existing structures used for commercial or industrial purposes. F. Amendment of a master plan or any related site plans or plats that deviates from an approved Master Plan in one of the respects set forth in Article 15.07(D)(3)(a)-(e) of the South Burlington Land Development Regulations. The main purpose of an interim bylaw is to temporarily preserve the existing land uses and maintain the status quo while the municipality formulates its permanent zoning bylaws. See Town of Mendon v. Ezzo, 129 Vt. 351, 356-357, 358 (1971); see also Section I of the Interim Bylaw ("[T]he purpose of this Interim Bylaw is to provide the City time ... to prepare and adopt amendments to the Land Development Regulations that implement the City's goals and objectives."). For the reasons set forth in the Purpose of the Interim Bylaw, and to temporarily preserve the existing land uses and maintain the status quo while the City formulates amendments to its Land Development Regulations, the City Council determined that six types of development will or could be contrary to the amendments to the Land Development Regulations and the Comprehensive Plan the City is presently contemplating adopts. The proposed development, a fifty-two (52) unit PUD including fourteen (14) cottage style Formatted: Font: 11 Pt homes, sixteen (16) four-plex style homes, twenty-two (22) S€single family. homes, with 20,000 Formatted: Font: 11 pt sq. ft. of commercial space in four (4) buildings, is prohibited by the Interim Bylaw pursuant to 3 _C_\Users\pCOnner\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\J5VDM039\son12-033 IZ 12 07 1075 Hinesburg RyeAssoc ffd.do Hinesburg-Rv ndaWppows\Temperwy4nternet tz 12 07 1075 Hinesb r., Rye^&&GG-fd:dos #IZ-12-07 Section III(B) above, and does not qualify for an exemption under Section IV of the Interim Bylaw. ll. STANDARDS OF REVIEW Interim Bylaw Section VI: Review of Applications The City Council may, upon application, authorize the issuance of permits for any type of development as a conditional use not otherwise permitted by this Interim Bylaw, after public hearing preceded by notice in accordance with 24 V.S.A. section 4464. The authorization by the legislative body shall be granted only upon a finding by the Council that the proposed use is consistent with the health, safety, and welfare of the municipality and the following standards. The proposed development shall not result in an undue adverse effect on any of the following: A. The capacity of existing or planned community facilities, services, or lands. B. The existing patterns and uses of development in the area. C. Traffic on roads and highways in the vicinity. D. Environmental limitations of the site or area and significant natural resource areas and sites. E. Utilization of renewable energy resources. F. Municipal plans and other municipal bylaws, ordinances, or regulations in effect. The applicant has submitted a complete application for Conditional Use approval by the City Council pursuant to this section. As set forth above, the proposed project is prohibited by the Interim Bylaw. Despite this prohibition, the City Council may authorize the issuance of a permit for any type of development as a conditional use not otherwise permitted by the Interim Bylaw if the City Council concludes that the proposed development is consistent with both the health, safety, and welfare of the municipality as well as the standards identified as A through F in Section V111 of the Interim Bylaw. A. Is the Proposed Development Consistent with the Health, Safety, and Welfare of the City of South Burlington? To determine whether the proposed development is consistent with the health, safety, and welfare of the City of South Burlington, the City Council considers whether the specific development proposal is the type of development that will or could be contrary to the amendments to the Land Development Regulations and the Comprehensive Plan presently being contemplated by the City. The goals discussed in the Purpose statement in Section I of the Interim Bylaw guide the City Council's analysis of whether the proposed development is the type of development that will or could be contrary to the anticipated amendments. The Purpose statement is a summary both of 4 #IZ-12-07 the rationale for adopting the Interim Bylaw and of the studies and planning process that are underway in the City. The goals include the adoption of Form Based Code -style regulations for the City Center and adjacent Williston Road area and possibly other areas of the City; the update of the Comprehensive Plan to include as City goals the support of sustainable agriculture, the conservation of open space, and the promotion of housing for people of all incomes and stages of life; and the preparation and adoption of amendments to the Land Development Regulations that implement the City's goals and objectives. The City is in the process of formulating Form Based Code regulations for the City Center and adjacent Williston Road area and determining to what additional areas of the City, if any, the Form Based Code regulations will apply. (Form Based Codes focus on physical form rather than on uses and address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks.) The proposed subdivision of land is not located in the City Center / Williston Road area, but it is within an area of the City in which the City is contemplating the adoption of Form Based Code regulations. Fifty-two units of housing are proposed as well as 20,000 square feet of office space.. Housing is oriented to face the street, includes a variety of styles and types, Includes Formatted: Not Highlight garages to the rear, side, or set back from the principal facade of the buildings. The paFk+ag+s streetSGape elomo..+o are I,00ninn ,.,,++ rQ9 GGRGepts. The proposed development will not be contrary to any Form Based Code regulations that the City is contemplating for this area. The proposed subdivision creates a 1.7 acre area in support of open space which also conserves wetland area and buffer. In addition, sustainable agriculture is supported through the conservation of open agricultural lands through the purchase of transfer of development rights of over fody7E4ftLacres of land with soils that meet the State of Vermont definition of Prime Agricultural soils. 75 �SaU��S y a-� _-A J �. (� The proposed subdivision creates fifty-two (52) units of housing of various types and for various income levels. Applicant proposes to sell six (6) of the proposed fifty-two (52) dwelling units at a price that is affordable to families making 80% of Chitttenden County median income, which currently is $238,000. Applicant also proposes to reserve another four dwelling units for buyers who qualify for the Vermont Housing Finance Agency's first time buyer program. T#e-app4 GaPA nrn.,n +n I ML — -;- ..n;+,. -I.+ „+ ., ,.-I-,. _,;__ ,,FF.,.,d„4.1.. +,. or%oz -4: appliGant will resepve fGur units that qualify for VHF.A. fi.rst torne herne buyers pFegram. These efforts further the goal of promoting housing for people of all incomes and stages of life. Based on this analysis, the Council concludes that the proposed development is not the type of development that will or could be contrary to the contemplated amendments to the Land Development Regulations and the Comprehensive Plan and therefore, is consistent with health, safety, and welfare of the City of South Burlington. 5 C:\Users\pconner\Api)Data\LocaRMicrosoft\Windows\Temporary Internet Files\Content.OUtlook\J5VDM039\son12-033 IZ 12 07 1075 Hinesburg RyeAssoc ffd.do Hinesburg RyeAssos-€fd:doeGUser-s\amacreseti\windewsJempprary 4atemet €ile sos--#ddoG #IZ-12-07 B. Is the Proposed Development Consistent with the Standards Identified as A through F in Section III of the Interim Bylaw? Even when the City Council concludes that a proposed project in consistent with the health, safety, and welfare of the City of South Burlington, the Council also must conclude that the proposed development will not have an undue adverse effect on any of the standards listed in Section VI of the Interim Bylaw in order for the proposed development to receive conditional use approval under the Interim Bylaw. See 24 V.S.A. §4415(d), (e). Interim Bylaw Section VI(A): The proposed development shall not result in an undue adverse effect on the capacity of existing or planned community facilities, services, or lands. The proposed subdivision will result in new demands on existing municipal water and wastewater services but sufficient capacity exists to accommodate the development_ and -Any adverse effect is not considered undue. The City Council therefore concludes that the proposed subdivision will not have an undue adverse effect on the capacity of existing or planned community facilities, services or lands. Interim Bylaw Section VI(B): The proposed development shall not result in an undue adverse effect on the existing patterns and uses of development in the area. Because the proposed subdivision does not impact the existing patterns of use and creates commercial and residential development similarly adjacent along Hinesburg Road, the City Council concludes that the proposed subdivision will not have an adverse effect on the existing patterns and uses of development in the area. Interim Bylaw Section VI(C): The proposed development shall not result in an undue adverse effect on traffic on roads and highways in the vicinity. The proposed subdiv�sieR PUD which includes fifty-two (52) dwelling units, will result in an increase in traffic on roads and highways in the vicinity, but it is indicated that sufficient capacity exists to not produce an undue adverse impact. The City Council is confident with the standards for review in the Land Development Regulations that #4.-traffic generated by the proposed project will be reviewed in detail by the Development Review Board. Any changes to the project resulting from the DRB's review etheFthaR what 06 GGRGluded he will require additional review by City Council. Based on these findings, the City Council concludes that the proposed subdivision will not have an undue adverse effect on traffic on roads and highways in the vicinity. Interim Bylaw Section VI(D): The proposed development shall not result in an undue adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. #IZ-12-07 There are Class III wetlands on the site. The applicant proposed to preserve 1.7 acres of open space which will include the wetland areas and the buffer. No other environmental limitations (steep slopes, shallow depth to water tables) or significant natural resources (wildlife habitat or corridors, rare tree stands, etc.) are apparent on the subdivision site. There are no adjacent connected environmental limitations or significant natural resources. Based on these findings, the City Council concludes that the proposed subdivision will not have an adverse effect on environmental limitations of the site or area and significant natural resource areas and sites. Interim Bylaw Section VI(E): The proposed development shall not result in an undue adverse effect on utilization of renewable energy resources. While the proposed subdivision does not include renewable energy production on site, the proposed subdivision does not preclude the use of renewable energy by adjacent properties. Thus, the City Council concludes that the proposed subdivision will not have an adverse effect on utilization of renewable energy resources. Interim Bylaw Section VI(F): The proposed development shall not result in an undue adverse effect on municipal plans and other municipal bylaws, ordinances, or regulations in effect. South Burlinqton Comprehensive Plan Goals (adopted March 9. 2011 Upon review and consideration of the goals in the existing Comprehensive Plan, the City Council concludes that the proposed subdivision will not result in an undue adverse effect on the Comprehensive Plan. Land Development Regulations (amended May 7, 2012) If the following conditions are met, the proposed subdivision will not result in an undue adverse effect on the existing Land Development Regulations: 1. The applicant shall receive approval from the Development Review Board prior to issuance of a zoning permit. 2. The applicant shall obtain a zoning permit prior to the commencement of any land development. All other city ordinances If the following condition is met, the proposed subdivision will not result in an undue adverse effect on all other City ordinances. 1. Applicants shall receive all other applicable City permits. 7 #IZ-12-07 Subject to the three conditions identified above, the City Council finds that the proposed subdivision will not have an undue adverse effect on the Comprehensive Plan and other municipal bylaws, ordinances, or regulations in effect. For the reasons set forth above, the Council concludes that the proposed project is consistent with the health, safety and welfare of the City of South Burlington and the standards set forth in Section VI(A)-(F) of the Interim Bylaw. DECISION Motion by seconded by , to approve Interim Zoning Conditional Use Application #IZ-12-07 of Rye Associates, LLC, subject to the following conditions: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. Ten percent (10%) or six presidential units w4l-shall be sold at a sales price affordable to families making 80% of Chittenden County median income, currently a sales price of $238,000. In addition, the app"Gaalanother • ',.,l «sep.,efour(4) units shall be sold to buyers who qualify for the Vermont Housing Finance Agency's first time buyer program, that4Wa4fy nr VHFA first firniz hornp h m.„or r - 31 4. As part of this PUD the applicant proposes the transfer of development rights for: Formatted: Highlight units of the 52 dwelling units. The parcel of land ^f�^ min South Burlington's SEQ are required te be from which these development rights are transferred shall conserve at acres of land with soils " .'_ . _et "e State f Vermant def'"'t'^n of Prime-AgriGuturai-so s e an equal or better quality rating as the soils on the subject lip operty C- 44 - Z 5, g 5. The applicant shall receive approval from the Development Review Board prior to issuance of a zoning permit. 6. The applicant shall obtain a zoning permit prior to the commencement of any land development. 1 7. Applicants shall receive all other applicable City permits. 8. Any changes to the project plans shall require approval of the South Burlington City Council so long as the Interim Bylaw remains in effect. Rosanne Greco- yea/nay/abstain/not present Helen Riehle - yea/nay/abstain/not present Pam Mackenzie - yea/nay/abstain/not present 8 #IZ-12-07 Sandra Dooley — yea/nay/abstain/not present Paul Engels — yea/nay/abstain/not present Motion by a vote of _- Signed this day of Rosanne Greco, Chair 2012, by 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 575 Dorset 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 httpWvermontiudiciary.org/GTC/environmental/default.asox 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 802.879.5676 to speak with the regional Permit Specialist. 9 C:\Users\pconner\ADDData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\J5VDM039\son12-033 IZ 12 07 1075 Hinesburg RyeAssoc ffd.d d©eG:\Usersl�pBata\LesallMiInteme NC southbudiongton VF.RMnNT MEMORANDUM TO: South Burlington City Council & City Manager FROM: Kimberly L. Murray, Development Coordinator SUBJECT: Continued Public Hearing- Interim Zoning Application #IZ-12-07 (1075 Hinesburg Road) DATE: October 1, 2012 City Council meeting Tonight's continued public hearing from July 16th and August 20th is a proposed planned unit development consisting of 14 cottage style homes, 16 four-plex style homes, 22 single family homes, with 20,000 sq. ft. of commercial space in four buildings. The commercial space is located in the SEQ-VC district on 2.86 acres and the remaining development is on 15.15 acres in the SEQ-NR district for a total of 18.01 acres. The Village Commercial District is exempt from Interim Zoning but may be discussed in the context of the subdivision of land as it relates to the purpose statement regarding open space and sustainable agriculture. The uses proposed on the site contained in the Village Commercial District are not part of the Council's review. The applicant has provided additional narrative dated 9/24/12 based on the discussion at the previous hearing of how they believe they meet the Interim Zoning review criteria in accordance with the guidance prepared by the City Attorney. It is included with this memo. Also included is the existing and proposed site plan for your reference. Greg Rabideau of Rabideau Architects representing the applicant, Rye Associates, LLC, c/o Dousevicz Construction is expected to be in attendance at the public hearing on Monday. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4131 fax 802.846.4101 www.sburl.com Rabideau Architects 550 Hinesburg Road, Suite 101 South Burlington, Vermont 05403 September 24, 2012 Ms. Kimberly L. Murray Office of the City Manager, Development Coordinator City of South Burlington 575 Dorset Street South Burlington, Vermont Interim Zoning Application IZ-12-07, Rye Associates Supplemental Information Dear Ms Murray At our last hearing, we agreed to provide the board additional testimony regarding housing affordability, and the relationship between transferred development rights and the preservation of agricultural resources. Please consider these expanded comments in your deliberations i Affordable housing: /� IV The stated goal is to provide housing 0pportu ' ' ttsf rnttres-m 80% of median income. The applicant proposes to stipulate th units or 10 percent of the total number of units approved be sold at a sales price affordable to famili en en County median income. Currently that is a sales price of $238,000. In addition, the applicant will reserve 4 units that qualify for VHFA first time home buyers program. Transfer of Development Rights: The applicant has advanced the argument that the use of transferred development rights is a reasonable means of preserving the agricultural viability of the south east quadrant. It must be added that in order for this to be so, then the lands preserved throu h this .,�,,,&*.�_b_e ltabtefor farming. To address this, the a e t at lands preserved by transfer of development rights will have soils th eet the State of Vermont definition of Prime Agricultural Soils, and have an equal or better ,1t`1U qu ty rating. - Formed Based Zoning: At least one board member expressed reservations about the expression of formed based zoning in the current site plan. The applicant has offered a mix of uses, and mixture of density and of housing types, has integrated required open space and recreational amenities, and has worked on collaborative efforts with our neighbors. Phone 802-863-0222 E-mail greg@rabideau-architects.com But I will agree that the ingredients aren't fully cooked yet. The applicant will strive to provide a more lively, varied, and cohesive sense of place as we advance through the design review process. Conclusion: The City Council may authorize the issuance of permits for any type of development as a conditional use not otherwise permitted by the Interim Bylaw in accordance with 24 V.S.A. section 4464. 1 believe that this application demonstrates the possibility of conforming with the goals of the interim zoning process. Our proposed solutions may or may not be the ultimate pathway to compliance, but they are substantive and proportional. This applicant has worked to be constructive and willing to listen. I respectfully ask that you find that : 1. The proposed adoption of Form Based Code -style regulations applies directly to the Williston Road/Dorset Street/City Center area and only possibly other areas of the City. The subject property is not in the core area. However, the applicant has proposed a mixture of uses, building types, sizes, and densities. The proposed design incorporates open space, provides for pedestrian and bike routes in several directions, and makes secondary interconnections with adjoining parcels. The applicant will work with the development review board to improve the integration of the elements and effect a more unified plan. 2. The project supports sustainable agriculture through the conservation of open agricultural lands through the purchase of transfer of development rights and by providing material support to an innovative agricultural program. 3. The project supports conservation of open space within its boundaries by providing in excess of 1.7 acres of reserved open space to be used for active play and community gardening. the site also established a protected wetland area adjacent to the park with large set back requirements. Lastly, the use of transfer of development rights noted above has a secondary benefit of preserving open space. 4. The project will support of promotion of housing for people of all incomes and stages of life by offering a wide variety of housing types sizes and prices, including six units affordable to families making 80 percent of median income, and another four for qualified first time home buyers. 5. The proposed project has no adverse effect on other aspects of the Purpose statement in Section I of Interim Bylaw. Gregory Rabideau AIA Rabideau Architects Phone 802-863-0222 E—mail greg@rabideau—architects.com Phone 802-863-0222 E-mail greg@rabideau-architects.com GRAPHIC SCALE 1 e i NIF MANSFIELD VIEW PROPERTIES 1 & 0 DISTRICT —__ D STREET I d DIS IC I NIF BURLINGTON PROPERTIES, LTD. 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BURLINGTON I Lor /zr -�1 1 Lar 14s I I ' h :-', LLC 41 tiwr ' - -- m I � LOT 1� I �,.� _ � _ I 1 �- - I • _ -- -- LOCATION MAP r zjI � IT 1 I �� I � i r- I • I ' I I .'•�F ; LOT /Ja pl11Ei OErFNI1LY/ 81S(N o i I I LOTI,, / I I I Lot /! , ° I 11 f�,•'q '_ I Lor lo I LOT 1 I I z lae. Lar wm I I 1 _�_�•� UTILITYII NIF NIF SITE PLAN NIF NIF I J - � GIBBSLYNDO Lmm I CERAE7A A07(IYN CUNAVEUS �// N/f- •� NIF I n BEASIMER I .^ AR/GO t N/F I II DEC., YOtt .m CITY OF /� N 0eltl I 5 : e; / :' I I COCIiwNLI S.BUALINGTON C I 1� wV,�;xa• 1•�6d 4 Kimberly Murray From: Amanda Lafferty <ALafferty@firmspf.com> Sent: Thursday, August 30, 2012 3:10 PM To: Kimberly Murray - � — C Subject: RE: S Burl IZ questions Hi, Kimberly, Could you please give me a call to discuss this? Thank you. , IOMr, .. Amanda S. E. Lafferty, Esq. Stitzel, Page & Fletcher, P.C. 171 Battery Street P.O. Box 1507 Burlington, VT 05402 Telephone: 802-660-2555 Fax: 802-660-2552 Website: www.firmspf.com This Electronic Mail transmission and any accompanying documents contain information belonging to the sender which are CONFIDENTIAL and legally PRIVILEGED. This information is intended only for the use of the individual or entity to whom this transmission was addressed, as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information in this transmission is strictly prohibited. If you have received this transmission in error, please reply to the sender at 802-660-2555 or the above e-mail address and delete this message and all attachments from your storage files. Thank you. From: Kimberly Murray fmailto:kmurray@sburl.comJ Sent: Friday, August 24, 2012 11:40 AM To: Amanda Lafferty Cc: Paul Conner Subject: S Burl IZ questions Hi Amanda, Heads up, I am drafting a decision for Council and plan to have a draft to you Monday. At Mon. 8/20 Council meeting they have a couple of questions for you regarding conditioning IZ approvals. It specifically came up with the Rye application. I have attached the packet material which has additional information about the proposal. 1. The first question is can they issues conditions like the DRB does and if so, 2. Could the Council attach a condition to an approval requiring that the TDRs used come from an agricultural property within the NRRNRT zoning district. 3. Could the Council attach a condition mandating a certain reasonable number of affordable units be created through a partnership with a non-profit housing organization. Currently, CHT cannot commit at this time but are very interested. I would like to have answers for them in time for their next meeting on Sept. 4tn Thanks, K.�0�(.y p ,4-r`c ad" 6"a-4 K.e- P rv� — +"-Y�' — a -P P "60 � "-4 . c,"'; l l � l n✓�t�p ra�C w�� � r.�--� rI T-'2-- Inb-�1-�ce-I� - r "'t, , 0 t -- q -q- -tN- I � (-,.i - I' lr\ "Ar--e - Kimberly Murray From: Amanda Lafferty <ALafferty@firmspf.com> Sent: Thursday, August 30, 2012 4:33 PM To: Kimberly Murray Subject: RE: S Burl IZ questions Interim bylaws shall be administered and enforced in accordance with the provisions of 24 V.S.A. Chapter 117 applicable to the administration and enforcement of permanent bylaws. . . In rendering a decision in favor of an applicant for approval of land development under the Interim Bylaw, the City Council may attach additional reasonable conditions and safeguards as it deems necessary to implement the purposes of 24 V.S.A. Chapter 117 and the pertinent bylaws and the municipal plan then in effect. See 24 V.S.A. §§ 4303(3), 4464(b) (2) (emphasis added). One of the purposes of conditions is to mitigate the negative impacts created by a proposed project so that the proposed project may be approved. See In re Denio, 158 Vt. 230, 240-241(1992)(stating that "conditions were imposed to leave open space in appellants' planned residential development and to implement the Board's findings on aesthetic impact pursuant to 10 V.S.A. § 6086(a)(8)"). It is our understanding that the application will require a transfer of development rights. The Council has asked if it may impose a condition of approval that requires the applicant to transfer development rights from an agricultural property in the NRP or the NRT subdistricts of the SEQ District. The Land Development Regulations permit the transfer of development rights from the SEQ-NRP and the SEQ-NRT sub -districts. See Article 9.130(1)(a). Whether such a condition is reasonable depends on the availability of "agricultural" properties in these two SEQ sub -districts and the availability of owners of "agricultural" properties who are willing to sell development rights at a price that is acceptable to the applicant. The Council also has asked if it can impose a condition that requires that, through a partnership with a non-profit housing organization, a certain "reasonable" number of the proposed dwelling units must be affordable. Whether such a condition is reasonable depends on the basis for the number of affordable housing units that the condition mandates, the availability of non-profit housing organizations with which the applicant can partner and whether funds are available for the affordable housing in the project. Please call with questions. Thank you. Amanda Amanda S. E. Lafferty, Esq. Stitzel, Page & Fletcher, P.C. 171 Battery Street P.O. Box 1507 Burlington, VT 05402 Telephone: 802-660-2555 Fax: 802-660-2552 Website: www.firmspf.com This Electronic Mail transmission and any accompanying documents contain information belonging to the sender which are CONFIDENTIAL and legally PRIVILEGED. This information is intended only for the use of the individual or entity to whom this transmission was addressed, as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information in this transmission is strictly prohibited. If you have received this transmission in error, please reply to the sender at 802-660-2555 or the above e-mail address and delete this message and all attachments from your storage files. Thank you. From: Kimberly Murray [mailto:kmurray@sburl.com] Sent: Friday, August 24, 2012 11:40 AM To: Amanda Lafferty Cc: Paul Conner Subject: S Burl IZ questions Hi Amanda, Heads up, I am drafting a decision for Council and plan to have a draft to you Monday. At Mon. 8/20 Council meeting they have a couple of questions for you regarding conditioning IZ approvals. It specifically came up with the Rye application. I have attached the packet material which has additional information about the proposal. 1. The first question is can they issues conditions like the DRB does and if so, 2. Could the Council attach a condition to an approval requiring that the TDRs used come from an agricultural property within the NRP/NRT zoning district. 3. Could the Council attach a condition mandating a certain reasonable number of affordable units be created through a partnership with a non-profit housing organization. Currently, CHT cannot commit at this time but are very interested. I would like to have answers for them in time for their next meeting on Sept. 4th Thanks, KIMBERLY L. MURRAY, AICP Development Coordinator t 802-846-4131 f 801-846-4101 kmurray@sburl.com www.sburi.com 575 Dorset Street I South Burlington, Vermont 05403 southburlington PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Kimberly L. Murray, Development Coordinator SUBJECT: Continued Public Hearing- Interim Zoning Application #IZ-12-07 (1075 Hinesburg Road) DATE: August 20, 2012 City Council meeting Tonight's continued public hearing from July 16th is a proposed planned unit development consisting of 14 cottage style homes, 16 four-plex style homes, 22 single family homes, with 20,000 sq. ft. of commercial space in four buildings. The commercial space is located in the SEQ-VC district on 2.86 acres and the remaining development is on 15.15 acres in the SEQ-NR district for a total of 18.01 acres. The Village Commercial District is exempt from Interim Zoning but may be discussed in the context of the subdivision of land as it relates to the purpose statement regarding open space and sustainable agriculture. The uses proposed on the site contained in the Village Commercial District are not part of the Council's review. The applicant has provided additional material of how they believe they meet the Interim Zoning review criteria in accordance with the guidance prepared by the City Attorney. It is included with this memo. Also included is the existing and proposed site plan for your reference. The applicant, Rye Associates, LLC, c/o Dousevicz Construction is expected to be in attendance at the public hearing on Monday. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com Rabideau Architects 0 Hinesburg" Road, Southim : f G y August 14, 2012 Ms. Kimberly L. Murray Office of the City Manager, Development Coordinator City of South Burlington 575 Dorset Street South Burlington, Vermont Interim Zoning Application IZ-12-07, Rye Associates Supplemental Information Agricultural & Dear Ms. Murray: Supplemental Information The last time the applicant appeared before the City Council there was some open discussion on how this project addressed the issues of agricultural soil retention and housing affordability. We have prepared the following summary of our supplementary findings in support of the City Council's review of the IZ application. Agricultural Opportunity The proposed project creates a number of opportunities to supplement the agricultural opportunities in the City of South Burlington. We have briefly summarized each point below. 1. Infill Property -This parcel is located between the Butler Farm and Oak Creek neighborhoods to the south, the Industrial/Open Space District to the north and the Southeast Quadrant Village Commercial District to the east. When viewed in the broad context and how it relates to the designated City Center, this property is situated in a location which will reduce housing demand in other more remote parts of the Southeast Quadrant where agricultural uses are successful. 2. City Designation -As part of the master planning of the Southeast Quadrant, the Land Development Regulations (LDR's) call for this property to host a Neighborhood Park. As Phone 802-863-0222 E-mail greg@rabideau-architE�CtS.COM there are limited facilities within the Oak Creek and Butler Farm neighborhoods, the applicant has proposed a facility that provides for a facility that exceeds the minimum standard. Although portions of this park area can be designated for local gardening, a more aggressive implementation of agricultural uses, in light of the Neighborhood Park obligations in this area, would represent an excessive standard on this infill parcel. 3. Southeast Quadrant Open Space Preservation - Since this project proposes more than the base density of 18 units, this project will leverage the preservation of more than 40 acres of open space in the Southeast Quadrant through the Transfer of Development Rights (TDR) program. At $10,000 to $15,000 per TDR unit, this will translate into $340,000 to $570,000 ((52 units -18 base line units) x TDR cost) of open space preservation efforts in the City of South Burlington. 4. Farm to School Program -This project will save the South Burlington Farm to School Program approximately $60,000 in water and access road infrastructure costs that it would otherwise incur in order to effectively utilize the City owned parcel to the west. S. Soil Characteristics -The soils on this parcel are comprised of a Vergennes Clay. This soil group is not defined as Prime Soil by the Act 250 land use statues. Of the five secondary soil groups defined by Act 250, this soil group is second from the bottom in quality. This is the same soil group where the South Village CSA had to invest a significant amount of resources to amend the soil so that it could provide reasonable crop production. 6. Act 250 Mitigation - Despite the relatively poor nature of the soil, the Act 250 approval process will still require approximately $100,000 in mitigation fees which will be used to preserve over 60 acres of farm land over and above the TDR obligation. Housing Affordability: In order to conform with the requirements of the City of South Burlington Interim Zoning Ordinance enacted February 21, 2012, the applicant must demonstrate that "...the proposed development overcomes the presumption that it will or could be contrary to any amendments to the Land Development Regulations that the City ultimately adopts that support... (sic) promotion of housing for people of all incomes and stages of life." Phone 802-863-0222 E-mail greg@rabideau-architects.com It follows from the question that a project that provides a variety of housing types that may be available at a broad range of sales or rental prices would have the inherent flexibility to adapt to such future , but as yet undefined regulations. This application has, by design, included both single family and attached housing types in a variety of sizes and formats. The South Burlington Land Use Regulations are very specific about the size and proportions of individual home sites, the dimensions and characteristics of any new streets or associated utilities, the maximum dimensions and density of any individual building, and a detailed range of other criteria regulating development of the subject parcel. Therefore, the general disposition of the site design is largely a response to existing law, and cannot be presumed to be contrary to the general goal of housing variety and affordability. The proposed interim zoning does not seek to replace the underlying density or dimensional regulations governing this zoning district. Therefore, the City Council should find that the proposed design is not inherently contrary to the general goal of housing affordability. As of this writing, the City Council has not established any performance criteria specific to affordability. Absent defined benchmarks, the applicant must rely on generally accepted definitions of "affordable." The generally accepted definition of affordability is for a household to pay no more than 30 percent of its annual income on housing. (U.S. Department of Housing and Urban Development).' Income data is collected by the US Census Bureau, and the appropriate data set to apply is that for the city of South Burlington. The low end of what a private sector developer may bring to the market in this area is currently benchmarked to the Vermont Housing Finance Agency program for first time buyers. The VHFA guideline for first time buyers of a single family home in Chittenden County is capped at $287,000. Compared to the Southeast quadrant in general that would in fact be affordable. Sales prices of single family homes in the south East Quadrant from January 2012 to the present averaged $441,650. The factors that drive the cost and therefore the affordability of newly constructed homes are the cost to acquire and develop land, the production cost of construction, the expense associated with regulatory compliance, and the cost of financing the transaction. The other side of the affordability equation is the available income of the buyer or tenant. Developers do not control any of these factors, and so have hard limits on how cheaply they can deliver homes to the market. Private sector developers can provide housing to families earning median income for the community or greater. Serving the needs of those whose income is below the community median may be dependent on the participation of quasi -governmental housing entities such as community land trusts or governmental rental subsidies. Discussions with such entities have been positive, but these entities are unable to make a commitment to the project until the applicant has permits in hand. Furthermore, funds from the Vermont Housing Conservation Board are fully committed until 2014 Phone 802-863-0222 E-mail greg@rabideau-architects.com It is the position of Rye Associates as applicants that "affordable" in the instance of the pending application is affordable at market rates to persons of good credit earning median income or greater. Approval of the design as presented would not preclude attainment of greater affordability if a non-profit partner can be found to buy down the cost of ownership beyond the level that the applicant can provide. The design as presented is intended to provide opportunity for housing affordability by providing a variety of housing types including single family, multi- family and cottage style housing. The balance emphasizes inherently less expensive multi- family and cottage housing types. Proposed Unit Mix: Single Family Homes 22 Multi -family Units 16 Cottage Style Units 14 Total Proposed Density 52 units Conclusion: The threshold established by the City Council is that, if approved, the project would not prevent the implementation of new zoning ordinances intended to promote housing affordability. Insofar as the layout is a reflection of City Ordinance, and the applicant has provided for a broad range of housing types and price points, the City Council should find that the applicant has designed sufficient flexibility into the project to adapt to new law as it emerges. I urge you to approve the plan as presented. This completes our summary of the status of the opportunities for the Rye Associates project as it relates to the goals identified so far in the Interim Aoning process. If you should have any questions, please feel free to contact me at 864-2323 x310. Phone 802-863-0222 E-mail greg@rabideau-architects.com Respectfully, David S. Marshall, P.E. Principal Engineer Gregory Rabideau AIA, AP Rabideau Architects. \dsm Attachment Agricultural Spreadsheet of Costs P:\AutoCADD Projects\2011\11202\3-Permitting\1-Local Applications\IRApplication\Murray IRSupplemental Information.doc 'Data on wages and housing affordability are compiled by the Vermont Housing Finance Agency and the United States Census (last completed for 2010). This data is specific to South Burlington. Median value of owner -occupied housing units, 2006-2010 South $52,800 Burlington Housing units, 2010 8,429 Homeownership rate, 2006-2010 66.9% Housing units in multi -unit structures, percent, 2006-2010 41.3% *hone 802-863-0222 E-mail greg@rabideau-architects.com Median value of owner -occupied housing units, 2006-2010 $252,800 Households, 2006-2010 7,634 Persons per household, 2006-2010 2.25 Per capita money income in past 12 months (2010 dollars) $34,293 2006-2010 Median householdincome 2006-2010 $61,007 Persons below poverty level, percent, 2006-2010 4 8% Phone 802-863-0222E-mail greg@rabideau-architects.com Rye Associates Review of Agricultural Mitigation Farm to School Program Infrastructure Capabilities (Costs otherwise which would be accrued by Non-profit to create program on City property; Water Service Desc Qty Unit Unit Pice Total VTrans Permitting 1 LS $800 $800 2" Water Service Wet Tap 1 EA $3,000 $3,000 Traffic Protection 1 LS $1,200 $1,200 Directional Bore Under VT 116 1 EA $1,500 $1,500 2" HDPE Water Service 1090 LF $18 $19,620 Yard Hydrant 1 EA $800 $800 Site Restoration 1 LS $1,700 1 700 Subtotal $28,620 Vehicle Access Desc Qty Unit Unit Pice Total 12" wide Access Driveway 1090 LF $30 $32,700 Site Restoration 1 LS $1,900 1 900 Subtotal $34,600 In kind services being provided to South Burlington Agr Project. $63,220 Transfer of Development Rights TDR Costs going to preserve South Burlington Open Spaces Proposed No. Residential Units 52 Area Density Allowed 15.15 Ac 1.2 18.18 Units TDR's Required 33.82 Units Estimated cost per TDR $10,000 to $15,000 Project Cost allocated to Open space preservation $338,200 to $507,300 Primary Agricultural Soil Mitigation (through Act 250) Primary Agricultural Soil 15.15 Ac Total Impacts to PAS 15.15 Ac Retained Viable PAS 0 Ac Acreage to be Mitigated 15.2 Ac Soil Quality Mitigation Ratio 2 (Statewide Soils) Total Mitigation Acreage 30.3 Ac Current Mitigation Cost $3,400 per Ac Proposed Mitigation Payment $103,020 ANALYSIS OF HOUSING AFFORDABILITY: RYE PARCEL Impact of Regulation on Housing Affordability: South Burlington Regulations Sketch Plan Base Fee $ 350.00 Recording Fee $ 13.00 per lot fee for first two units $ 25.00 per unit ( 2 x 25 =) $ 50.00 per lot fee for units 3-9 $ 50.00 per unit ( 7 x 50 =) $ 350.00 per lot fee for units 10 and up $ 25.00 per unit (43 x 25 =) $ 1,075.00 Total Sketch Plan Fee $ 1,838.00 Preliminary Plat Base Fee $ 500.00 Recording Fee $ 13.00 per lot or unit fee $ 50.00 per unit 52 x 50 = $ 2,600.00 Total Preliminary Plat Fee $ 3,113.00 Final Plat Base Fee $ 500.00 Recording Fee $ 13.00 per lot fee for first two units $ 25.00 per unit ( 2 x 25 =) $ 50.00 per lot fee for units 3-9 $ 50.00 per unit ( 7 x 50 =) $ 350.00 per lot fee for units 10 and up $ 35.00 per unit (43 x 35 =) $ 1,505.00 Total Final Plat Fee $ 2,418.00 Summary of Impact Fees Road Improvement Impact Fee Recreational Impact Fee Fire Protection Fee 1,009.86 per single family unit 1,938.75 per single family unit 304.85 per single family unit Single family Impact Fees $ 2,243.60 per unit x 22 units $ 49,359.20 Road Improvement Impact Fee Recreational Impact Fee Fire Protection Fee 669.91 per multiple family unit 1,421.15 per multiple family unit 192.96 per multiple family unit Multiple Unit Impact Fees $ 2,284.02 per unit x 30 units $ 68,520.60 South Burlington Regulatory Overhead (residential only) $ 125,248.80 Transfer of Development Rights $ 340,000.00 to $ 570,000.00 RABIDEAU ARCHITECTS GRAPHIC SCALE I RN I I N/F N/Fr%emie%mm� IN I BURLINGTON AAANSFIELD VIEW I i-50b -50 I IL i °t PROPERTIES, LTD. PROPERTIES I & O DISTRICT -- -- -- -- -- -- -- —'L PHASE — -- -- — --- I LINE 1 D STREET I I -- -- — — — — — $ DIS •IC _ LOT /22 LOT 1/21 I S -NR DIS CT I COTTAGE UN/TS • ` - - - - - �EQ-N LOT 123 - I w + DyST I k � F_ LOT /20 I I I I isnNc LOT 1/24 LOT 119 / I wane. I (Iyp.> ------- e.o Palk/Open Space t -- 1.743 acres T oEDWI ARK NI LOT 1%18 / LOT 125 I / wetland LOT j26 1 LOT f l7 OT15 N/F---------�- CITY OF I Lor / 16 I LOT /1s I (TT� - ._ -- - - LOT 1/14 S. BURLINGTON LOT 127 LOT 128 LOT 129 — , ESE ki LOT 130 hi IDEIENIION H0.5YN LOT If 12 LOT j#11 LOT ,/L10 LOT LOT AM/ I i LOT /13 I I I I I 1 Irr N/F N/F N/F N/F I ,/BBS LYNDON� N/F I KHA CUNAVELIS I I LYMAN I CERRETA N/F I I BEASIMER I U /6 i I I -- -- -- L I & O DISTRICT-- 1 MEADOWLAND DRIVE I I� T2,500 SO.FT. CURRENT VC DISTRICT LINE PROPOSED VC DISTRICT UNE I T i I N/F SPANIEL P FOX RUN LANE o N/F FRIGO I N/F I m CITY OF I o S. BURLINGTON SITE ENGINEER: c CIVIL ENGINEERING ASSOCIATES INC. IOMANSRELD YIEWLANE, SOUMEILR191GDN, VI W403 ,ORRB,-1929 FA%. BDRBBI.Y1„ xW "..ccwN.wm Dun ACL SD M DSM OWNER RYE ASSOCIATES 21 CARMICHAEL STREET D VELO MENT, LLC ESSEX, VERMONT 05452 _ _ _ _ _ _ _ PROJECT: NMrINMa RYE SPHINX ASSOCIATES DEVELQPM ® LLiC PLANNED UNIT DEVELOPMENT t J. r Ir N/F EAST OUNTAIN VIEW, LLC 11075 HINESBURG RD. SOUTH BURLINGTON VERMONT LOCATION MAP I-=2= I mw I mc-. I R—N.. I PROPOSED CONDITIONS SITE PLAN DAre DR —MG N—BER DEC., 2011 1" =50' C1 PROI. NO. 11202 LEGEND I SITE ENGINEER: GRAPHIC SCALE I I � I N/F c ----336---- EXISTING CONTOUR I BURLINGTON NIF 338 PROPOSED CONTOUR 1 MANSFIELD VIEW 1 IN FM / IL I i! _ - PROPERTIES, L - - — APPROXIMATE PROPERTY LINE I II am INGHM14G A56061 m ING PROPERTIES 1 - I ' i I mUrMuMEwLAAF, S"rort VTOW APPROXIMATE SETBACK LINE I & O DISTRICT ISTRICT /aaIR I1I I /-,/I 'S:�/•L74 C�IIY \-- N- 1 lo l C .mac m°1�er*w" ca r ® meo ooze"" ce.a _�15, O IRON PIN FOUND TACLO CONCRETE MONUMENT FOUND I —SS— — GRAVTY SEWER LINE Ca- -FM— _ FORCE MAIN DSM IN WATER LINE i —ROM —OE— — OVERHEAD ELECTRIC I&ODISTAICt DSM —UE— — UNDERGROUND ELECTRIC 408' OWNER:` — T — — TELEPHONE LINE s SE —G — — GAS LINE 0 °\N/F RYE —ST— — STORM DRAINAGE LINE TRICT SPANIELP ASSOCIATEr,.SDIS 0 SEWER MANHOLE STORM MANHOLE 399- DS HYDRANT /p6.21 CARMICHAEL STREET .Es T ® SHUT-OFF r/ ESSa VERMONT052 POWER POLE GUY WRE 4PROJECT: CATCH BASIN (Tra.) / 8 RYE LIGHT POLE SIGN NICT DASSOCIATES \ PLANNED UNIT kam: —�—.�• . DECIDUOUS TREE CONIFEROUS TREE >\ \ \ ��\ \ -V \\ _ , /,'//// / ///i'/' •,/\ '\•\.�'/� /°q`' �\ap IV .i \1' ,\ i \1I \ \/ i ` /, II / I// / / w\ \v\/ ,1I \\IIjI I \ vI \ v I`i� `IIII \ \ v �(I _ -'a\II1IIIIIII;I1 --' 4-p�-' � , Xa1I11III1III i1I - -''� �' _-_ _ / ///I� -/ \/ - \ 1II v -\vv,•v I/\A\`r1 K ' ,M 1 DEVELOPMEN T EDGE OF BRUSH/WOODS CLASS III FENCE 11075 HINESBURG RD.DRAINAGE SWALEo PROJECT BENCHMARKSOUTH BURUNGTON VERMONT ctwl N/F C7YOF - ---- i I wS. BURLINGTON Y °-- ---------------------- •J� JI I 1Ii ' I IIIIIIIiIITIIIII1IIII VIIOEUWN, (T1 A"lC� 11 _wLnOCA� TIONMAP neamnn r -sa c N%= I crNT 'gz o\ q _398EXISTING CONDITIONS -- - NIF SITE PLANN/F 4� - IBBS LMDON CUNAVELIS LysCERRETA�I SE�TI 1-1,/kn r"Ill"11 N/F 1 I , wre owmvc n•»m� BEASIMER FRIGO 1 N/F I I CITY OF LLC n DEC., 2011 o I F 1S. BURLINGTON I i I 9C. C 2 • 11202 N/F MANSFIELD VIEW PROPERTIES —PHASE I LINE \ _D__. STREET II _J \ LOT j21 Ill I \\ LOT 122 \y I \\ \ 1 `39 • \\ i - • I , \\ 1 `\LOT j2 �,1 \ I I \ \ I \ \\ ,/ / I • •`' ISTING 1 I \ LOT j24 LOT\j19 / // / I /(Typ.)TLAG/ I 41 1.743acies — navm wc N AS sI 1y \ LASS / III LOT j25 � i — ' � � \II \ I � \ 5N \\ /'' / /' \ ` • + • / / I � I \\ 1 I \ LOT j2B _ _1 L�f \\ \ \� I I I I �I1 \\ ,/ • I I r�, I I 11 I `\\ ` - , • I i � � � \\ /, � �;� . \\ II \\ I � � j5 I ICI N/F CITYOF -J — - S. BURLINGTON \J9 LOT ji7 F \\ LOT 128 \ II \ 1 1 \ LOT 129 LOT 130 `. 1\ � I I GRAPHIC SCALE ( IN FEET ) I inch a 50 Il. \ LOT �7 r \ 32,506 SQ 7.. J MCASUMNMM _ I k, ..' I 40T j%e SLOT j/b., I \--I I ' _ / L / I I/ —If _— I\II J\ LOT 114 I I I N/F BURUNGTON PROPERTIES, LTD. I I I I I I � I I w fl i 11 I \ AA5400NRAAlV DRW lil I i I rl --- I, � I N/F I SPPfjNIEL P C \ \ I (I a II � o I I GI I ( I\ N 10 00. \ E , psi I IL LOT j8 I , I\I Iw L0�V12 I\ LOT\)'ll LOTj1�\ILOT—t---400-----j �3g9 \ y \—\ m J s mR_x> 9 =.*-r LOT j13 a u\ s T N/F I )l/F L N� I CERRETA \ JIMMA N SITE ENGINEER: c CML IhrANI 111G ABSOCLMI . INC. 101AVO YEW1A1, M M&HPOGR)N, VTOM ACL DSM 1PPROFRD DSM OWNER RYE ASSOCIATES 21 CARMICHAEL STREET ESSEX VERMONT 05452 PROJECT: RYE ASSOCIATES PLANNED UNIT DEVELOPMENT - •� /SOU7H BURLINGTON VERMONT 1-0,I I V4LYt►Mt I, LL I I /c 'k, o _ c, — ;:■=— �, ,���•-;y:;:�' is i� DRAINAGE iSITE PLAN i N/F -'— FR/i N/F I i i .,UR.III G NOI®O BEASIMER I IGO .. 2011 CITY OF I o I „ LLC DEC S. BURLINGTON I i i 1 50' C 3 PRW. No. N/F MANSFIELD VIEW PROPERTIES NQMLL VALVEiCAP rD.L PCR RnUREC 4,21P 10N Ir1 @6 M! ►—PHASE I LINE D STREET 1 I -- -- _W_ — _e — ^� — ��—W—:J-- — -- -- -- W— — — LOT 122 LOT /21 <� a_ £ • I II ___ _ � __— � � MEWSW ILEA _ —' —— -- —--55—_LOT /23 w, dd !EW✓A!i RO F LOT /20 raL Ai WATERMAN J-ST— Np LOT /24LOT /19 N SI LOT #18 A IN CI I / — LOT /25 LOT /26 -y1 _-- LOT 117 1 / I 3 4' N/F cor 11 r 115� r 11 CIiYOF - -- IYI S. BURLINGTON I I LOT /27 —7 - I LOT /14 I _ _ _I, LOT #2B I Raw I ! _ I 1 � — , T ' i — — -- I -- raDR 96 PVC • r .36 LOT /29 LOT 130 I I g ouTLEr OT /6 BTKcltm DETDvnoN N LOT /12 LOT /i I I Lor #f0 I LOT # I Lor #8 LEV& LOT /13 11PRIE-40OR — L_:_ � — — — 11 o [l w N/F N/F � N/F I N/F N/F w.y a r of CUNAVEUI; �G/BBS LYNDONI LYMAN I CERRETA I WATEL"A" — — — — �. / a m rlTAPPlq BIrSEVE, �,.avALve N/F BEASIMER ExFRIIGO am I I I I � RahlR7Al ooRERew �i/ I I GRAPHIC SCALE I c IN PE� 1 I l h - 50 ft. I LOT 1 32.5 SO.fT. SITE ENGINEER: I I N/F c BURLINGTON PROPERTIES, LTD. I — — — — — — CIVIL ENGINEERING A6SOOML INC. ' I 10LLVOWYEWIAW 8"BUKIIIINKVf05M ,�u,� I A!ro'f/VIfLAW DNW ACL — DSM 1PP90V® DSM NEW l nVTAPPM SLEEVEaVALVE OWNER: — — — — I , N/F RYE j i I SPANIEL P IOPERHHEWS, ASSOCIATES III C D 21 CARMICHAEL STREET D LO MENT, LLC ESSSJ VERMONT 05452 — — — — — — PROJECT: RYE SPHmoc ASSOCIATES DEVELQPM PLANNED UNIT I. I �+.�— r j� WATER — — • 1 I ' I N/F CITY OF S. BURLINGTON I I DEVELOPMENT 11075 HINESBURG RD. SOUTH BURLINGTON VERMONT UTILITY SITE PLAN P DEC., 2011 LLC . C4 1 4• PNOI. No. 11202 southburfingtoti PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Kimberly L. Murray, Development Coordinator SUBJECT: Public Hearing- Interim Zoning Application #IZ-12-07 (1075 Hinesburg Road) DATE: July 16, 2012 City Council meeting Tonight's initial public hearing is a proposed planned unit development consisting of 14 cottage style homes, 16 four-plex style homes, 22 single family homes, with 20,000 sq. ft. of commercial space in four buildings. The commercial space is located in the SEQ-VC district on 2.86 acres and the remaining development is on 15.15 acres in the SEQ-NR district for a total of 18.01 acres. The Village Commercial District is exempt from Interim Zoning but may be discussed in the context of the subdivision of land as it relates to the purpose statement regarding open space and sustainable agriculture. The uses proposed on the site contained in the Village Commercial District are not part of the Council's review. The applicant has provided a narrative of how they believe they meet the Interim Zoning review criteria in accordance with the guidance prepared by the City Attorney. It is included with this memo, as well as the proposed and existing site plans. The applicant, Rye Associates, LLC, c/o Dousevicz Construction is expected to be in attendance at the public hearing on Monday. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com rr south � dington PLANNING & ZONING Permit # IZ- -_ (office use only) CONDITIONAL USE APPLICATION FOR THE CITY COUNCIL UNDER INTERIM BYLAWS All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the City Council. I understand the requirements and procedures required by State Law (Section 4415 of the Planning & Development Act), and that a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. 1) OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone & fax #): Rye Associates, LLC 9) SUPPORTING DOCUMENTS. A completed application form and required submittal materials for the applicable review before the Development Review Board or Administrative Officer shall be included. In the case of a subdivision or planned unit development, all information required for Sketch Plan Review pursuant to Section 15.05 of the Land Development Regulations (LDRs) are required. In the case of all other types of applications, the applicable LDR submittals are required. Applicants are further encouraged to provide information demonstrating compliance with the review standards set forth in 24 VSA §4415 (d) and (e). 3. Applicants shall submit a written statement explaining how the proposed development will not result in an undue adverse effect on the six criteria listed in Section VI (24 VSA §4415 (d) and (e).) of the Interim Bylaw. 24 VSA §4415 (d) and (e) (d) The applicant and all abutting property owners shall be notified in writing of the date of the hearing and of the legislative body's final determination. In accordance with the notification requirements set forth by the City Land Development Regulations the applicant will be in compliance with this obligation. (e) In making a determination, the legislative body shall consider the proposed use with respect to all the following: 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com (1) The capacity of existing or planned community facilities, services, or lands. The existing or planned community facilities that will serve this proiect include: a. State Highway and City Streets — The traffic study completed for the proiect indicates that there is adequate capacity on the Hinesburg Road and the local streets to accommodate the proiect without any required mitigation measures. b. City Airport Wastewater Treatment Facility - This facility was recently upgraded to enable additional wastewater design flows from the proposed proiect. C. City Water Distribution — There are no existing limitations that prevent this proiect from being served by municipal water. D. Proposed Recreation Path — The proposed proiect is located on the opposite side of Hinesburg Road from the proposed recreation path. E. Existing Open Space Lands — The proiect follows guidance provided by the City Planning staff relative to the protections or augmentation of the existing City owned open space. F. Proposed Streets — As outlined in the official map, the proposed project not only accommodates the proposed Swift Street Extension alignment (as required by statute) but it also augments it by constructing the westerly extension of the road beginning at the Hinesburg Road intersection with Meadowland Drive. (2) The existing patterns and uses of development in the area. The proposed project represents an extension of the existing residential density present in the Oak Creek and Butler Farms neighborhoods. The proiect actually diverges from the existing pattern by introducing more building types than that in place in the respective abutting neighborhoods. (3) Environmental limitations of the site or area and significant natural resource areas and sites. There are Class III wetlands that are located along a drainage way that runs from north to south-southeast. The proiect respects these wetlands and buffers by locating the proposed proiect open space components and park uses along side them. There are no other known natural resources of issue. (4) Municipal plans and other municipal bylaws, ordinances, or regulations in effect. The. proposed proiect has been designed to comply with the current Land Development Regulations The project has received Sketch Plan approval from the Development Review Board. In support of augmenting traffic calming within the proposed proiect, a waiver on the minimum horizontal curve radius will be required. Interim Bylaw Council Application Form. Rev. 1-2012 4. Applicants shall submit a written statement explaining how the proposed development overcomes the presumption that it will or could be contrary to any amendments to the Land Development Regulations that the City ultimately adopts that implement the City's goals of: i) the adoption of Form Based Code -style regulations for the Williston Road/Dorset Street/City Center area and possibly other areas of the City. Form -based codes address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. The regulations and standards in form -based codes are presented in both words and clearly drawn diagrams and other visuals. They are keyed to a rekulatinjz plan that designates the appropriate form and scale (and therefore, character) of development, rather than only distinctions in land -use types. This application is subiect to the Southeast Quadrant zoning requirements that adopt many of the Form -based zoning attributes when it comes to building relationships with the public street. As this project represents and extension of the historical residential development pattern, it is likely that an improvement on the existing form will be exhibited by this project. ii) support of sustainable agriculture; Sustainable agriculture is a way of raising food that is healthy for consumers and animals, does not harm the environment, is humane for workers, respects animals, provides a fair wage to the farmer, and supports and enhances rural communities. Characteristics of this type of agriculture include: Conservation and preservation. What is taken out of the environment is put back in, so land and resources such as water, soil and air can be replenished and are available to future generations. The waste from sustainable farming stays within the farm's ecosystem and cannot cause buildup or pollution. In addition, sustainable agriculture seeks to minimize transportation costs and fossil fuel use, and is as locally -based as possible. This proiect will manage the stormwater runoff in a manner that conforms with the State Stormwater Manual and with the impaired waterway mitigation measures will create no increase in sediment loads to the receiving waters. Biodiversity. Farms raise different types of plants and animals, which are rotated around the fields to enrich the soil and help prevent disease and pest outbreaks. Chemical pesticides are used minimally and only when necessary: many sustainable farms do not use any form of chemicals. Pesticides will not be allowed to be applied to the wetlands or there buffer areas as a means of reducing the potential for off -site migration. Animal welfare. Animals are treated humanely and with respect, and are well cared for. They are permitted to carry out their natural behaviors, such as grazing, rooting or pecking, and are fed a natural diet appropriate for their species. No specific limitations on animal behavior are proposed as part of this yroiect. Economically viable. Farmers are paid a fair wage and are not dependent on subsidies from the government. Sustainable farmers help strengthen rural communities. Socially just. Workers are treated fairly and paid competitive wages and benefits. They work in a safe environment and are offered proper living conditions and food. Interim Bylaw Council Application Form. Rev. 1-2012 iii) support of conservation of open space; The project proposes the creation of 3.0 acres of open space The Land Development Regulations call for the placement of a public park on this parcel of land As such, this open space has been designed to facilitate the implementation of this goal. iv) support of promotion of housing for people of all incomes and stages of life; This proiect proposes a mix of housing types including multi -family, single family (flats and two story) , and cluster type housing as a means addressing the varving housing needs of the community. v) other aspects of the Purpose statement in Section I of Interim Bylaw. I. PURPOSE: Land development in the City in the recent past has eliminated much open space throughout the City, including land designated as primary agricultural soil. Through the State administered primary agricultural soils mitigation program, this proiect will enable the long term preservation of twice the number of acres of primary agricultural soils located on this property. These soils have not been actively tilled for agricultural use in the recent past. This "infill" proiect at the far north end of the Southeast quadrant between the Oak Creek project and the Industrial - Open Space Zoned lands to the north is proiect will help preserve more important contiguous primary agricultural soils at a more appropriate location. In addition, there are approximately 700 dwelling units approved under the Land Development Regulations, but not yet constructed. At the same time, there has been an overall decrease in the affordability of housing within the City. Burlington International Airport's Noise Compatibility Program and related programs have resulted in the purchase and removal from the market of more than 100 homes that are located near schools, parks, shopping centers and public transportation. This program is expected to remove from the market at least 100 additional homes located near the airport. Without any changes to the current City Land Development Regulations, these trends are unlikely to change. In October 2011, the City Planning Commission and Planning and Zoning Department hosted the Community Design Workshop to develop a new plan for the City Center and adjacent Williston Road area with the goal of adopting a Form Based Code -style of regulation for this and possibly other areas of the City. Two corridor studies, of Shelburne Road and of Williston Road, are also underway. In addition, the Planning Commission has established a committee to study, discuss and report to the Planning Commission on a more affordable type of housing known as "cottage housing". This project proposes a mixture of housing types including those approximating a version of the clutser or "cottage" style housing which relies upon smaller footprints and total square gfootages to increase economic accessibility. The Planning Commission is also in the process of a complete update of the City's Comprehensive Plan. As part of this update, the Comprehensive Plan may include as City goals support of sustainable agriculture, conservation of open space and promotion of housing for people of all incomes and stages of life. In light of the above, the purpose of this Interim Bylaw is to provide the City time to complete the above -listed work and necessary studies, review the results of the studies, the Form Based Code and the updated Comprehensive Plan; to determine whether additional studies are needed to plan for the development of the City in a manner that is consistent with the City's goals Interim Bylaw Council Application Form. Rev. 1-2012 and objectives; and to prepare and adopt amendments to the Land Development Regulations that implement the City's goals and objectives. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT SIGNATURE OF PROPERTY OWNER PRINT NAME Do not write below this line DATE OF SUBMISSION: I have reviewed this application and find it to be: ❑ COMPLETE ❑ INCOMPLETE Administrative Officer Date The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. Interim Bylaw Council Application Form. Rev. 1-2012 SITe BNGI-: GRAPHIC SCALE I I NIF NIF I BURLINGTON `A MANSFIELD VIEW ,° m'M1 _ _ PROPERTIES, LTD. PROPERTIES _ I ovu DIGINERII/G AssxIATM Inc I & O DISTRICT � I & O DISTRICT _ _ _ ACL "SE m . PRASE II m STREET D PHASE "a�1." 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