HomeMy WebLinkAboutSD-18-34 - Supplemental - 0255 Kennedy Drive (14)Jt lb-fu IE'
PLANNING & ZONING
March 23, 2017
Andrew Gill
O'Brien Brothers Agency
1855 Williston Road
So. Burlington, VT 05403
Re: Final Plat Approval #SD-17-08 — 255 Kennedy Drive
Dear Mr. Gill:
Enclosed, please find a copy of the Findings of Fact and Decision of the Development
Review Board on the above referenced project, the hearing for which was closed on
April 4, 2017 (effective date 04/05/2017). Please note the conditions of approval,
including that the final plat plans must be recorded in the land records (in mylar format)
within 180 days (must be submitted to me in time for recording along with a
$15 recording fee by October 2, 2017J or this approval is null and void.
If you have any questions, please contact me.
;incerel ,
and J. Belai
Administrative Officer
Encl.
CERTIFIED MAIL- RETURN RECEIPT: 7016 3010 0001 1194 1726
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101
www.sburl.com
No Text
#SD-17-08
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
O'BRIEN FAMILY LIMITED PARTNERSHIP & O'BRIEN HOME FARM, LLC — 255 KENNEDY DRIVE
FINAL PLAT APPLICATION #SD-17-08
FINDINGS OF FACT AND DECISION
Final plat application #SD-17-08 of O'Brien Family Limited Partnership & O'Brien Home Farm, LLC to
subdivide a 49.58 acre parcel into eleven (11) lots ranging in size from 1.23 acres to 9.74 acres, 255
Kennedy Drive.
The Development Review Board held a public hearing on April 4, 2017. The applicant was represented
by Andrew Gill.
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 Family Limited Partnership & O'Brien Home Farm, LLC, seeks to subdivide a
49.58 acre parcel into eleven (11) lots ranging in size from 1.23 acres to 9.74 acres, 255 Kennedy
Drive.
2. The owners of record of the subject properties are O'Brien Family Limited Partnership & O'Brien
Home Farm, LLC.
3. The application was received on March 3, 2017.
4. The property lies within the Residential 12, Commercial 1— Limited Retail, & Residential 1— PRD
. Zoning Districts.
5. The plan submitted consists of one (1) page titled "Final Plat O'Brien Family, LLC & O'Brien Home
Farm, LLC".prepared by Krebs & Lansing Consulting Engineers, Inc., and dated 2/17/2017.
6. The subdivision creates eleven (11) new lots as follows:
Lot 4, O'Brien Home Farm, LLC, 1.42 acres
Lot 5, O'Brien Home Farm, LLC, 1.23 acres
Lot 6, O'Brien Home Farm, LLC, 5.75 acres
Lot 7, O'Brien Home Farm, LLC, 4.53 acres
Lot 8, O'Brien Home Farm, LLC, 4.33 acres
Lot 9, O'Brien Family, LLC, 3.27 acres
Lot 10, O'Brien Family, LLC, 3.67 acres
Lot 11, O'Brien Family, LLC, 5.53 acres
Lot 12, O'Brien Home Farm, LLC, 7.11 acres
Lot 13, O'Brien Home Farm, LLC, 9.74 acres
Lot 14, O'Brien Family, LLC, 3.0 acres
#SD-17-08
Zoning District Density Allowances and Dimensional Standards
Minimum lot size requirements (which vary depending upon the proposed use) are met for all eleven
(11) proposed lots. The applicant is 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.
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.
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) ...
(b) ...
The lots would be treated as one (1) lot under the Land Development Regulations, therefore the access
standards do not apply.
DECISION
Motion by Matt Cota, seconded by John Wilking, to approve final plat application #SD-17-08 of O'Brien
Family Limited Partnership & 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.
I
#SD-17-08
3. The plat must be revised to show the changes below and will require approval of the Administrative
Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative
Officer prior to recording the plat.
a. The survey plat 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 plan (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
Frank Kochman
Yea
Nav -
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 5-1— 0.
Signed this 5th day of April 2017, by
Bill Miller, 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://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing
requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.
#SD-17-08