HomeMy WebLinkAboutAgenda 08_SD-20-26_500 Old Farm Road_OBrien_PP FP
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
TO: South Burlington Development Review Board
FROM: Marla Keene, Development Review Planner
SUBJECT: SD‐20‐26 500 Old Farm Road
DATE: August 4, 2020 Development Review Board meeting
O’Brien Farm Road, LLC has submitted preliminary and final plat application #SD‐20‐26 to subdivide four
existing parcels ranging in size from 7.23 acres to 64.51 acres into seven (7) lots ranging from 0.51 acres to
37.29 acres for the purpose of establishing separate ownership in anticipation of future development on the
lots, 500 Old Farm Road.
The sketch plan for the application was reviewed by the Board on March 17, 2020. Staff has prepared a draft
decision for this application, but considers there are a few items which need further description for the Board.
All Lots Considered One Lot
At the March 17 meeting, the Board discussed whether to require the applicant to prepare a notice of
conditions that all the lots that are the subject of this application will be considered one lot for the purpose of
the LDRs. Staff considers that such a notice of conditions should be required for this application because if the
applicant were to fail to pursue the described development of the lots reviewed in Master Plan Sketch Plan
application #SD‐20‐10, for example due to changing economic forces or a change in mission, and one or more
of the subject lots were sold, a notice of conditions would provide greater assurance that any buyer would be
aware of the restrictions associated with the lot(s).
Lots 16 & 17
The development review board created Lots 16 and 17 as part of PUD approval #SD‐17‐17. These lots are
shown on the plat associated with #SD‐17‐17 but the master plan decision #MP‐16‐03 (as modified by #MP‐17‐
01) reserves these lots for future development. Lots 16 and 17 are therefore already part of a PUD and the
Board must in this decision explicitly remove them from that PUD in order to involve them the proposed PUD.
Further, Lots 16 and 17 were encumbered by a notice of conditions tying them to the remainder of the O’Brien
Home Farm recorded as part of subdivision approval #SD‐17‐08. #SD‐17‐08 is a preliminary and final plat similar to
the subject application in that it was creating lots for the purpose of establishing separate ownership without
proposing any development on those lots. Staff considers the notice of conditions requiring all lots to be
considered one lot should specifically include a clause removing Lots 16 & 17 from the prior notice of conditions,
otherwise it could be construed that the lots that were the subject #SD‐17‐08 and the lots that are the subject of
this application are one lot.
Lot 18
Lot 18 contains area in three zoning districts. The applicant has requested the Board include in this decision that
they will apply the regulations of the R12 zoning district across the entirety of Lot 18 in accordance with 3.03C.
SD‐20‐26
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Staff considers that since such modification of applicable regulations requires conditional use review that this
request is premature and has noted such conclusions in the draft decision.
Plat Plans
The applicant has submitted 6 pages of plans but only sheets PL‐1 and FP‐1 are considered the plat plans and only
these sheets will be recorded in the land records. Therefore Staff considers modifications, are necessary to clearly
convey the conditions which will result from this subdivision if approved. The modifications are noted in the
conditions of approval.
Recommendation
Staff recommends the Board discuss the project with the applicant and close the hearing.
#SD‐20‐26
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
O’BRIEN FAMILY LIMITED PARTNERSHIP & O’BRIEN HOME FARM, LLC – 255 KENNEDY DRIVE
PRELIMINARY AND FINAL PLAT APPLICATION #SD‐16‐13
FINDINGS OF FACT AND DECISION
Preliminary and final plat application #SD‐20‐26 of O’Brien Home Farm LLC to subdivide four existing
parcels ranging in size from 7.23 acres to 64.51 acres into seven (7) lots ranging from 0.51 acres to 37.29
acres for the purpose of establishing separate ownership in anticipation of future development on the
lots, 500 Old Farm Road.
The Development Review Board held a public hearing on August 4, 2020. The applicant was represented
by Andrew Gill and Evan Langfeldt. Board member John Wilking was recused from the hearing and did
not participate in the decision.
Based on the plans and materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant, O’Brien Home Farm, LLC, seeks to subdivide four (4) existing parcels ranging in size
from 7.23 acres to 64.51 acres into seven (7) lots ranging from 0.51 acres to 37.29 acres for the
purpose of establishing separate ownership in anticipation of future development on the lots, 500
Old Farm Road.
2. The owners of record of the subject properties are O’Brien Family Limited Liability Company, O’Brien
Home Farm, LLC and O’Brien Brothers, LLC.
3. The application was received on July 10, 2020.
4. The property lies within the Residential 12, Mixed Industrial & Commercial, Commercial 1 – Limited
Retail, & Residential 1 – PRD Zoning Districts.
5. The plans submitted consists of a six (6) page set. Page 1 is entitled “Final Plat Hillisde at O’Brien
Farm O’Brien Farm Road, LLC,” prepared by Krebs & Lansing Consulting Engineers, Inc., and dated
5/21/2020.
6. LDR 15.02B requires PUD review for all applications in which the total area of all involved lands is
ten (10) acres or more.
7. Lots 16 & 17 are already part of the PUD created by final plat decision #SD‐17‐17.
8. The subdivision creates seven (7) new lots as follows:
Lot 1 8.61 acres C1‐LR and Residential 1
Lot 2 6.19 acres C1‐LR and Residential 1
Lot 3 13.96 acres R1‐PRD and Mixed Industrial Commercial
Lot 4 12.16 acres R1‐PRD and Mixed Industrial Commercial
Lot 5 37.29 acres C1‐LR and Mixed Industrial Commercial
Lot 16 6.72 acres R1‐PRD
Lot 18 0.51 acres R1‐PRD, C1‐LR and Residential 12
#SD‐20‐26
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9. The applicant requested Lot 17 be included in the PUD. No subdivision of Lot 17 is proposed.
10. The applicant has requested the Board apply the standards of the Residential 12 (R12) zoning district
to the entirety of Lot 18, using the provisions of LDR 3.03C.
ZONING DISTRICT AND DIMENSIONAL STANDARDS
Minimum lot size requirements (which vary depending upon the proposed use) are met for all seven (7)
proposed lots. The applicant will be seeking an approval such that all the lots would be treated as one (1)
lot under the Land Development Regulations, which will necessitate a Notice of Condition to that effect.
3.03C allows the Board to permit, as a conditional use, the extension of the regulations for either portion
of a split lot up to 50‐ft beyond the district line into the remaining portion of the split lot. Conditional use
criteria pertain to impacts to capacity of community facilities, the character of the area, traffic, compliance
with extant bylaws and ordinances, and utilization of renewable energy uses. Since no development is
proposed at this time, the Board finds compliance of the request for extension of the regulations of the
R12 zoning district across the entirety of Lot 18 cannot be evaluated at this time, and finds the applicant’s
request premature. The Board finds the applicant is free to make this request again at such time as
development is proposed on Lot 18 and will review it without bias.
Lot 18 is predominantly within the R12 zoning district and is proposed to be 0.51 acres. The minimum lot
size for non‐residential use in the R12 is 40,000 sf therefore this subdivision creates the condition that
this lot must be used for residential purposes.
SUBDIVISION STANDARDS
15.10 Lot Layout
A. Lots shall be laid out in such a way that they can be developed in full compliance with
these land development regulations, and giving consideration to topography, soils, and
drainage conditions.
B. Except within the City Center FBC District, the following standards shall apply: Corner
lots shall have extra width to conform to setbacks on each street. No subdivision showing any
reserved strips shall be approved. A width to length ratio of one to five (1:5) shall be used as a
guideline by the Development Review Board in evaluating lot proportions. Developments
consisting predominantly of square or roughly square lots or lot with an excessive length to
width ratio (i.e. spaghetti lots) shall not be approved.
The lots would be treated as one (1) lot under the Land Development Regulations, therefore the lot layout
standards do not apply. The Board finds Lot 16 and Lot 17 are removed from the PUD created by SD‐17‐17
and added to this new PUD.
Access
In accordance with Section 3.05(B):
(2) The Development Review Board may approve subdivision or development of lots with
no frontage on a public street, as long as access to such a street by a permanent easement or
right‐of‐way at least twenty (20) feet in width is provided, according to the following
procedures:
(a) …
#SD‐20‐26
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(b) …
The proposed lots could be accessed via frontage on Kimball Avenue & Old Farm Road.
DECISION
Motion by ___, seconded by ___, to approve preliminary and final plat application #SD‐20‐26 of O’Brien
Home Farm, LLC, subject to the following conditions:
1. All previous approvals and stipulations will remain in full effect except as amended herein.
2. This project must be completed as shown on the plat submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning.
3. The plat must be revised to show the changes below and will require approval of the Administrative
Officer. A complete PDF set of the approved revised plans must be submitted to the Administrative
Officer prior to recording the plat.
a. Plats PL‐1 and FP‐1 shall be revised to indicate property lines to be removed
b. Plat PL‐1 shall be revised to remove the 50‐ft offset of zoning district boundaries
c. Property lines within the viewport of the Plat PL‐1 outside of this subdivision shall be
shown.
d. Plat FP‐1 shall be revised to show the entire perimeter of Lots 1 through 5 east of Old
Farm Road using the same linetype as the property lines approved to be revised.
e. Survey plats PL‐1 and FP‐1 must be revised to include the signature and seal of the land
surveyor.
4. For purposes of the LDRs, all lots included in this subdivision shall be considered one (1) lot. The
applicant shall record a “Notice of Condition” to this effect which has been approved by the City
Attorney prior to recording the final plat plan.
5. The mylar must be recorded prior to any zoning permit issuance.
6. The applicant must submit to the Administrative Officer a final set of project plans as approved in digital
(PDF) format.
7. The final plat plans (Survey Plat) must be recorded in the land records within 180 days or this
approval is null and void. The plan must be signed by the Board Chair or Clerk prior to recording.
Prior to recording the final plat plan, the applicant must submit a copy of the survey plat in digital
format. The format of the digital information will require approval of the South Burlington GIS
Coordinator.
Mark Behr Yea Nay Abstain Not Present
Matt Cota Yea Nay Abstain Not Present
Jim Langan Yea Nay Abstain Not Present
Dawn Philibert Yea Nay Abstain Not Present
Elissa Portman Yea Nay Abstain Not Present
Brian Sullivan Yea Nay Abstain Not Present
Motion carried by a vote of _‐_‐_.
#SD‐20‐26
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Signed this ___ day of August, 2020 by
_____________________________________
Matt Cota, 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 with the Superior Court,
Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal also must 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 802‐951‐1740 or
https://www.vermontjudiciary.org/environmental for more information on filing requirements,
deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits
for this project. Call 802.477.2241 to speak with the regional Permit Specialist.
VIA HAND DELIVERY AND ELECTRONIC MAIL
June 17, 2020
South Burlington Development Review Board
C/O Ms. Marla Keene, Development Review Planner
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Re: O’Brien Land Subdivision Old Farm Road and Kimball Avenue Parcels
Dear Board Members:
Attached as Exhibit A, please find a complete City of South Burlington, Application for
combined Preliminary and Final Plat review, for a subdivision of five existing parcels of land
totaling 90.72 acres, located on the west and east side of Old Farm Road, and on the east side
of Eldridge Street and Kennedy Drive, bounded on the north by Kimball Avenue (the “Parcel”).
This application seeks the approval of the South Burlington Development Review Board (the
“Board”), on the subdivision of the Parcel, to become eight (8) lots as shown on the enclosed
proposed boundary plats, attached as Exhibit B, ranging in size from .51 acres to 37.9 acres (the
“Project”). This application was previously before the Board on March 17, 2020 as Sketch Plan
SD-20-08.
As you will see on the enclosed plans, the Project proposes no new construction, roads,
utilities, etc., and is only seeking the subdivision of land from currently existing lots into new
lots. We believe given the size of the lots, frontage and depth, that this subdivision is compliant
with the dimensional standards mentioned in the regulations. Access to the lots is readily
available from several public roads. The specific lots existing and proposed are summarized in
the table below. Also included below is an analysis of all existing coverage. Please note that
only 5,844 square feet of coverage currently exist, on Lot 03, currently 64 acres, proposed to be
reduced to 12 acres. This amounts to about 1% coverage and is well within the requiements.
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O'Brien Home Farm Subdivision Lot Summary
Chart
Existing Lots
Lot Number
Area
(acres)
Coverage
(sqft)
Lot 16 7.23 0
Lot 17 5.28 0
Lot 01 8.2 0
Lot 02 5.5 0
Lot 03 64.51 5844
Total Acreage/Coverage 90.72 5844
Proposed Lots
Lot Number
Area
(acres)
Coverage
(sqft)
Lot 01 8.61 0
Lot 02 6.19 0
Lot 03 13.96 0
Lot 04 12.16 5844
Lot 05 37.29 0
Lot 16 6.72 0
Lot 17 5.28 0
Lot 18 0.51 0
Total 90.72 5844
As you may know, the long-term plans for this land include master planning and
permitting a new development project which will connect to the ongoing Hillside project. The
Board has reviewed a sketch plan for that Master Plan, and a process is ongoing to bring that
Master Plan to the Preliminary Plat review stage in the very near term. This subdivision enables
the land sales necessary for the future development to occur in an efficient and expeditious
manner and is a necessary first step in that process.
The Applicant pursued a similar subdivision some years ago for the currently ongoing
Hillside project, that some members of the board may recall. At that time, it was the
suggestion of staff that in order to ensure the development of the parcel as a whole in the
future a notice of conditions be recorded as a condition of the permit stating that for zoning
purposes the parcel would be viewed as one lot (or something along these lines). We discussed
the need for such a condition at length at the previous sketch plan hearing, and it did seem the
board was comfortable moving forward without such a notice. Given this, no draft notice is
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provided. Should the board wish to require such, the applicant remains willing, and would
suggest that a condition of approval, requiring a notice of conditions to the satisfaction of the
City attorney, would be acceptable.
At the Sketch Plan hearing it was requested that we use a different line type on the plats
to make them easier to read. We have used color on the plats to achieve this. If anything is still
confusing, please let us know and we can make additional adjustments.
At Plat Plan PL-1, the Board will notice that on proposed Lot 18 a 50’ offset of the zoning
district boundary line is shown. As discussed at the Sketch Plan Hearing, the Applicant is
requesting that this offset be confirmed in the Boards findings, which ensures that the lot
created is buildable within the R12 zoning district regulations and is not split by two different
sets of rules.
In addition to the proposed plat plans please also find existing conditions plans attached
as Exhibit C. These plans show the details regarding the current property characteristics as
required at Appendix E of the Regulations.
We have attached a draft form of deed for the proposed lots for your review at Exhibit
D. We look forward to any feedback on this item.
We look forward to your review and feedback and to a conversation in the near term.
Thank you.
Sincerely,
Andrew Gill, Director of Development
Enclosures
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