TOWN OF HINESBURG

PLANNING COMMISSION

August 12, 2009

Approved August 26, 2009

 

Commission Members Present:  Tom Ayer, Fred Haulenbeek, Carrie Fenn, Joe Iadanza, Jean Isham, Ashley Orgain, Will Patten., Johanna White.

 

Commission Members Absent:  Tim Clancy.

 

Also Present: Alex Weinhagen (Director of Planning and Zoning), Karen Cornish (Recording Secretary), Brian Shupe, Matt Probasco.

 

Rural Area Development Density

Alex presented an overview of the issues to consider for rural planning.  He addressed current Town regulations, stating he thought they do not adequately implement the community's vision for Hinesburg’s rural areas.  He also reviewed Town Plan goals and suggested the Planning Commission consider these objectives for revising the regulations:

 

1.   Create a clear system for determining allowed development density

2.   Focus rural area review on resource protection first, with development designed to integrate into, and benefit from, resource areas

3.   Do away with outdated and arbitrary zoning standards (i.e. 2&3 acre minimum lot sizes) that hamper innovative subdivision design and fragment the rural landscape

4.   Clearly distinguish the difference between density and minimum lot size

 

Alex and Brian Shupe of the Vermont Natural Resources Council have developed several options for the Planning Commission to consider during this revision effort:

 

OPTIONS

1.   Streamlined take-out system for fragile features

2.   Refined take-outs and point scoring system, 4-acre base density (Norwich model)

3.   No take-outs and point scoring system, 8-acre base density (lower density)

4.   Sliding scale area-based zoning (from the June 2008 proposal) with variable density

 

Common elements to ALL options are:

1.   Clearly defined densities; everyone starts off knowing how much development is possible

2.   New and improved purpose statements for each zoning district, especially  Ag and RR2 districts

3.   Improved conservation design standards

4.   PUD revisions to encourage more innovative projects – bonus provisions, a master plan requirement, increased open space, possible TDR (transfer of development rights) via PUDs of non-contiguous parcels.

 

Alex noted that Charlotte is allowing transfers between small-scale rural parcels.  Fred said in order to allow transfers, a qualitative procedure is needed to assess land that is allowed to be transferred.  Alex agreed – is the receiving area appropriate to get more density in the first place? And can rights be transferred from property that could not be developed in the first place?  Brian said Charlotte planners did use a formula.  Alex said if Hinesburg wanted to use the TDR provision within the options that involve take-outs, it would be much easier to calculate how much development potential could be transferred, as land-after-take-outs would be defined.

 

Alex reviewed the pros and cons of the various plans.  Will asked how best to engage with large landowners who feel discriminated against.  Alex suggested that many landowners are looking at their land from a stewardship prospective; they may already understand their land does not have a maximum build-out potential due to limitations of the property and their desire for stewardship.

 

The group debated particular options:

 

- Will said Option 4 is personalized, Option 1 prioritizes the land.

 

- Fred suggested that the town should float a bond issue and buy development rights.  He also suggested assessing larger properties lower taxes as a concession to different per-acre development potential.  Jean noted that taxes are handled through the state via a common level of appraisal.  Alex said large landowners already have an option for lowered taxes, through the state tax stabilization program (Current Use – large landowners of ag or forested land can enroll and their appraisal can be lowered).  Alex said Hinesburg has bolstered the CU program with another program for farm landowners – if you are enrolled in current use, the town contributes more.  Brian said the other way the town already does that is to base the property tax on the fair market value of land.  If densities are reduced, property sales are reduced.  He also suggested the possibility of an increase in values due to a lower number available house lots (this would be a reverse effect). 

 

- Fred spoke to costs of development, stating an overly-complex development system would prevent some people from developing their land to its full potential.  Joe I. did not see that costs associated with understanding the system (i.e. new rural regulations) would be different, assuming all landowners had the same staff and DRB interface.  Alex added that the town has a lot of data; it's only when a landowner disputes the information that they hire private consultation (such as for a new wetland delineation). 

 

Alex reviewed different theoretical build-out scenarios based on the 86-acre Geprags parcel, reviewing an orthographic photograph and identifying natural features.  Rare species designation was discussed; Brian said it does not lend itself well to the take-outs as it is hard to determine an exact area for the species.  Alex agreed, suggesting using the designation in a design standards section rather than in take-outs formula. 

 

Brian said there would be some overlap of species within other well-defined take-out areas (such as steep slopes).  He said examples of natural areas considered for “take-outs” are: prime ag soils, flood plain areas, wetlands (the better classes only).  He said that under Option 4, prime ag soils are not off limits as these are often the good building soils too.  Brian explained that unless you have protection standards, options only control densities but do not direct where house sites are located (those would be controlled via design standards). 

 

Will suggested setting the density as a relationship to how much land was taken out.  Brian said Option 1 was meant to show it can be a simple system.  He said it is common to take those un-developable features out for environmental reasons.  Option 2 was intended to show how elaborate a system can be.  He suggested that the take out system within those Options 1 & 2 could be adjusted.  He noted a difference between Prime (the best) and primary ag soils (statewide).

 

Alex and Brian reviewed the basic point system, built on three measurements:

1.      Location from certain town roads – may be easier to judge based on the town classification system (rather than road quality)

2.      Traveled distance from the center of town (measured from the nearest potion of frontage OR to the access point (where development would be sited)

3.      Distance  to important conservation sites

 

Brian noted that the Geprags study as applied to all options came to the same density.  The group discussed how Hinesburg's layout is different from Norwich, such as the fact that the radius to town center is not relevant to northern areas of town.  Tom expressed concerns about the Norwich model, including:

1) disagreement that the village should be considered a "hub" of development potential and the possible traffic problems that could result;

2) the “sphere of influence” of conserved lands – that adjacent properties would be not be allowed to develop their properties and thus be penalized unfairly, and also that neighbors would then (as an un-intended consequence) not support conservation of lands adjacent to them;

3) the overall prejudicial nature of the proposed zoning changes with regards to where in town property is located.

 

Joe I. suggested that the public would want to understand why a certain base density was chosen.  He felt if the system relied instead on take-outs, an easier set of conversations would be had with the public, for instance, whether wetlands were buildable or not, versus applying an arbitrary base density.  Jean said any option with take-outs will also require a base density in its calculation.  Joe I. agreed but said it could be higher.  He said people would like to see a higher base density; most reasonable people would also then agree that you can't build in a stream setback.  Joe I. also suggested counting ag soils as developable but using design standards to minimize development in those areas.  Alex said we have that language now.  Joe I. said statewide primary ag soils are probably not the best buildable sites anyway.  Jean agreed that the best ag land is the best for development, explaining where you don't have access to services in the rural area, the soils are important for septic designs.

 

Alex said a base number needed to be set within all formulas.  Jean said the lack of shared infrastructure (water, sewer) as well as the impact on rural roads needed to be considered.  Alex said the Town Plan states there will be an increase in development in the village; the debate is now about how one rural portion is going to have more or less than another.

 

Fred said he believed a steady density could be used, allowing the restricting features of the land to dictate the ultimate density – any formula would come down to what kind of property you have.  Brian said one option would be to set a floor and a ceiling; someone is going to have to negotiate their ultimate density within the performance standards.  Alex described that as a range – one would have to demonstrate why they could develop to the higher number within the range.

 

Matt Probasco with the Conservation Commission asked the Commission to consider recreational uses of rural roads.  He said they liked the Norwich model as it added clarity to the process and dovetailed well with the new village center to, in fact, create a center.

 

Members gave these summary comments:

* Joe I. considered two issues: 1) the Town Plan calls for preserving open space and 2) people want financial gain from their property.  Joe suggested considering two area-based density figures, perhaps within an incentive program that allows a large landowner who agrees to a PUD project to get more units for that.  Open area is gained and the landowner realizes a greater financial gain (or development savings).  * Tom agreed with Joe.

 

* Ashley said she is interested in design requirements, such as those found in Option 1.

* Jean said the program must be kept simple, easy for people to understand.

* Will said he liked take outs based on the natural features/constraints of the land.  He agreed that class 4 roads could be used in a calculation but did not agree with using a distance from the village core measurement.  He stressed that prime ag land must be protected as one of Hinesburg's assets. 

 

* Brian said he could work on an option without the distance from core measurement.  He suggested a simpler take-out system, focused on real physical site limitations, with a point system then applied to the remainder.  He said any proximity to protected lands could be limited to the town forests and federal wildlife management area.  He noted that “8” was used based on the research Alex had done, looking at average densities over the years. 

 

* Fred liked an 8-acre density as he thought it was marketable.  He suggested calling it a “maximum area based density”.  The “maximum” could be reduced by the natural features of the land as a second layer, with a point system as a third layer.

 

* Jean said she thought land needed to be kept in large enough blocks to be usable, not only to be qualified for current use but to keep it accessible.  The current use program and its requirements were discussed, particularly whether there was anything multiple landowners could do to pool their land.

* Carrie said she liked take-outs and also a focus on design standards; Johanna agreed.

 

Alex said he and Brian would continue work on formula options, perhaps applying them to some (imagined) combined parcels created to make one larger one.

 

Other Business

July 8th meeting minutes

Commission members voted 5-0 to approve the July 8, 2009 meeting minutes as amended, with Fred, Ashley and Will abstaining.

 

- Alex said NRG would like to put 36 solar trackers, stating they were interested in having a public trail going through them as an educational opportunity. 

 

- Alex passed out information on a CCRPC Natural Areas Strategy report and also announced the Ancient Roads September 1st meeting and an Affordable Housing meeting in South Burlington on August 24th.

 

- Will gave an update on the Saputo Committee, stating that an idea for a natural technology park had been raised.

 

- Alex gave an update on the wastewater allocation process, stating the town needed to change the sewer service area to conform to new zoning districts, requiring both a change in mapping and the allocation formula.

 

The next meeting is scheduled for Wednesday, August 26, 2009.  The meeting adjourned at approximately 10:15 p.m. 

 

Respectfully Submitted:

Karen Cornish, Recording Secretary