HomeMy WebLinkAboutAgenda 08_SD-21-25_255 Kennedy Dr_Lots 10 11
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TO: South Burlington Development Review Board
FROM: Marla Keene, Development Review Planner
SUBJECT: #SD-21-25 255 Kennedy Drive Lots 10 & 11 – Final Plat Application
DATE: January 4, 2022 Development Review Board meeting
PROJECT DESCRIPTION
Final plat application #SD-21-25 of Green Mountain Development Group, Inc for the next phase of a
previously approved master plan for up to 458 dwelling units and up to 45,000 sf of office space. The
phase consists of two (2) four story multi-family residential buildings on Lots 10 and 11 with a total of 94
dwelling units, of which 79 are proposed inclusionary units, and two city streets, 255 Kennedy Drive.
CONTEXT
The Board held a hearing on this application on November 16, 2021. The Board continued that hearing
for the purpose of addressing a number of issues identified on that date, summarized herein, and
completing review of the remaining items not yet reviewed. The applicant submitted revised materials
on December 21, 2021.
Numbered items for the Board’s attention are in red.
COMMENTS
The Board reviewed staff comments 1 through 28 at the November 16, 2021 meeting. This Staff report
starts with comments not yet reviewed by the Board and is followed by a review of the current status of
comments 1 through 28. Updates to comments not yet reviewed by the Board is provided where
available. Previously reviewed and addressed comments are excluded.
COMMENTS NOT YET REVIEWED BY THE BOARD
14.07 SPECIFIC SITE PLAN REVIEW STANDARDS
D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping,
Screening, and Street Trees.
At preliminary plat, the Board identified the following objectives of the landscaping plan
• Landscaping within the developed areas should celebrate the urban environment rather than
attempt to screen it. Spaces should be designed to be useable rather than decorative. Staff
considers this has been addressed by providing a mix of grass and planted areas.
• A densely planted buffer between the street and the buildings would detract from a
neighborhood feel and the Board finds the applicant must use landscaping to complement and
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enhance architecture and layout, rather than to screen or hide. Renderings have not been
provided, but Staff considers this appears to have been addressed.
• There should be a balance between landscaped areas and shaded open areas to allow for
small opportunities for outdoor enjoyment. Where not otherwise necessary, the Board finds
the applicant should expand useable open space by providing strategically placed shade trees
in lieu of dense hedges. Necessity may occur in the case of specific regulatory requirements or
restricted access areas like transformers or vaults, or to create a small buffer between open
spaces and private residences. Review of specifically required landscaping is provided below.
Staff considers this to have been addressed.
The applicant estimates building cost to be approximately $15,000,000, resulting in a required minimum
landscaping value of approximately $157,500. The applicant has proposed the following elements that
they wish to use as credit towards the required minimum budget.
Item Cost Staff Recommendation
Concrete Pavers, Lots 10 & 11
Streetscape and Lot 11 Pocket
Park
$54,521.50 for Streetscape
$14,775.20 for Pocket Park
On 11/16 the Board directed the
applicant to enhance the pocket
park to make it more appealing.
Staff recommends the Board
review whether the objectives of
the Board have been achieved.
Staff recommends confirming
cost is beyond cost of standard
concrete.
Tree Plantings $43,035.00 Include
Shrub Plantings $45,031.00 Include
Perennial and Decorative Grass
Plantings
$17,033.00 Include
Benches $6,600 in public spaces
$4,950 in pocket park
See comments above regarding
pocket park
Total $185,945.70 provided including
pocket park
$166,220.50 provided excluding
pocket park
($157,500 required)
The total exceeds the required
minimum without inclusion of
the pocket park. Staff considers
this criterion met.
29. Original Comment: Staff recommends the Board review the proposed landscaping budget and
determine which of the proposed elements to accept as credit towards the required minimum.
Staff reminds the Board that some credit may be granted for site improvements other than tree
planting as long as the objectives of the landscaping section (13.06) are not reduced. Objectives
include:
• promoting the health, safety, and welfare of city residents through improved drainage, water
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supply recharge, flood control, air quality, sun control, shade, and visual relief
• a mix of large canopy tree species,
• screening between dissimilar uses,
• landscape elements that reduce stormwater runoff and promote infiltration
• screening of parking areas and utility features
• creation of attractive parking areas with emphasis on the privacy and comfort of adjoining
properties
Staff considers the applicant may be able to obtain credit for elements installed in the area of the pocket
park if it is redesigned to be a functional space.
Update for 1/4/2022: The applicant has made modifications to the proposed landscaping, reflected in
the above tabular budget, which result in the required landscaping minimums being met without
inclusion of the pocket park. Staff nonetheless recommends the Board review whether their direction
regarding the pocket park has been met.
30. Original Comment: Ultimately, Staff considers there are some minor improvements recommended
herein which should increase the provided landscaping value above the required minimum, and
recommends the Board direct the applicant to update this estimate before closing the hearing but
after other elements of the plan are settled.
Update for 1/4/2022: As reflected in the above table, the applicant’s modifications to the landscaping
program has resulted in the required minimum landscaping budget being met.
The applicant has requested the Board allow the cost of the proposed street trees, street hardscape
features, and street landscaping be applied towards minimum landscaping budgets required for
development of other lots. The applicant notes that the elements of the project within the ROW
enhance the appearance of the lots.
31. Original Comment: Staff considers there may be some opportunity to allow credit for landscaping
features not otherwise required (i.e. things other than street trees, lighting, rec paths and sidewalks).
Staff recommends the Board discuss.
Update for 1/4/2022: As discussed on 11/16, the City cannot accept responsibility for plantings in the
right of way other than street trees. Staff has reviewed the provided right of way landscape architecture
budget and considers the applicant is likely requesting credit for the following elements.
Concrete Paving $21,072
Colored concrete paving on sidewalks/rec path $30,660
Brick crosswalk $44,121
Flush granite curb $11,650
Staff notes the above elements are not typically required for streets. However, the applicant has
proposed these elements in support of their objective of creating a pedestrian oriented development,
which the Board supported in exchange for reduced setbacks and increased height.
Staff recommends the Board discuss whether to allow credit for this $107,503 in hardscape features or
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whether these elements are integral and necessary to the overall neighborhood character approved at
preliminary plat. Staff further recommends if the Board allow credit for these elements, they only allow
credit for the incremental cost over standard features (asphalt paving, standard concrete, crosswalk
striping, and concrete curb).
Specific comments on parking lot landscaping and screening requirements are discussed immediately
below.
Section 13.06B of the Land Development Regulations addresses landscaping of parking areas as follows.
(1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees,
shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to
allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of the
parking lot from the public way and from adjacent uses and properties, and to provide shade
and canopy for the parking lot. In some situations it may be necessary both for surveillance
purposes and for the perception of safety to install the size and type of plants that leave visual
access between the parking lot to the public way or other pedestrian areas.
Lot 10: The Board noted at preliminary plat that though the surface parking is proposed to be
located in an allowable area, this criterion is particularly important for the portion of the lot
fronting on Two Brothers Drive. The parking lot is located approximately eight (8) feet below the
adjoining roadway. The applicant should take the change in elevation into consideration when
considering plans for this buffer. Staff considers the proposed elevation change from Two
Brothers drive generally meets this criterion, except at the driveway entrances where landscaping
is necessarily limited for sight distance purposes.
Lot 11: The Board deferred review of this criterion to final plat. Staff considers this criterion met.
32. Original Comment: The areas adjacent to the entrances of both lots are designated as snow
storage, which defeats the purpose of limiting plantings to allow clear lines of sight. Additional
snow storage areas on Lot 11 are in close proximity to stormwater treatment or conveyance
practices. Staff recommends the Board discuss with the applicant other alternatives for snow
storage or removal. One alternative may be to reconfigure landscaping to leave open areas more
desirable for snow storage. Landscaping without low limbs may be appropriate at driveway
entrances.
Update for 1/4/2022: The applicant indicated in a letter there have been modifications to the
street tree locations, but no update to snow storage locations has been made. With the areas
being more clearly highlighted, Staff has been able to identify two areas of particular concern,
namely where the road curves around the snow storage. One such example is shown below; the
other is on the northern corner of Lot 11.
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(2) In parking areas containing twenty-eight (28) or more contiguous parking spaces and/or in
parking lots with more than a single circulation lane, at least ten percent (10%) of the interior
of the parking lot shall be landscaped islands planted with trees, shrubs and other plants. Such
requirement shall not apply to structured parking or below-ground parking.
The Board found at preliminary plat that the applicant must meet this criterion for each parking
lot rather than overall. Two parking lots are proposed, each containing more than 28 parking
spaces. The applicant has provided exhibits showing their computation of the parking lot interior
landscaping. The computation has been done incorrectly; the requirement is for 10% of the area
of the lot (not the area of the spaces) to be landscaped islands. Staff notes this interpretation is
the result of a literal reading of the LDR and has been the reading applied by the DRB city-wide
for many years.
33. Original Comment: Staff considers this criterion has not been met and recommends the Board
require the applicant to address this deficiency before closing the hearing.
Update for 1/4/2022: The applicant indicated in a letter there have been modifications to the
interior parking lot landscaping, but no update to computations has been provided. Staff
recommends the Board require the applicant to update the computations to allow evaluation of
this criterion.
(3) All interior and perimeter planting shall be protected by curbing unless specifically designed as
a collection and treatment area for management of stormwater runoff as per 13.06(B)(5)(c)
below. Interior planted islands shall have a minimum dimension of six (6) feet on any one side,
and shall have a minimum square footage of sixty (60) square feet. Large islands are
encouraged.
Staff considers this criterion met.
(4) Landscaping Requirements
(a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All
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planting shall be species hardy for the region and, if located in areas receiving road
runoff or salt spray, shall be salt-tolerant.
Staff considers this criterion met.
(b) At least one (1) major deciduous shade tree shall be provided within or near the
perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed evenly
throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum
of thirty (30) feet apart.
Lot 10 contains 29 surface parking spaces, requiring six shade trees. This criterion has been met.
Lot 11 contains 32 surface parking spaces, requiring seven shade trees. This criterion has been
met.
(b) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when
measured on the tree stem, six (6) inches above the root ball.
This criterion has been met.
(d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species
should be grouped or located in a manner that reinforces the design and layout of the parking
lot and the site.
A mix of species is proposed and species are grouped. Staff considers this criterion met.
(e) N/A
The City Arborist provided the following additional comments on the landscaping plan on
11/1/2021.
• Discourage the planting of perennials/shrubs in the city ROW unless there are plans to
contract out maintenance. The city does not have the staff/funding to maintain these
plantings
• Several areas on the plans that are designated as “Snow Storage” show trees planted in
locations that will restrict access, most likely resulting in damage to the trees
• Sheet L200 references the use of Silva Cells for the Red Oaks that are to be planted in the
sidewalk but I couldn’t find a detailed specification. Deep Root (the manufacturer of
Silva Cells) recommends a soil volume of 1000 cubic feet to support the growth of large
maturing trees such as Red Oak
34. Original Comment: Staff recommends the Board require the applicant to address the comments
of the City Arborist prior to closing the hearing. These comments partially overlap comments
provided by the Director of Public Works.
Update for 1/4/2022: The applicant has proposed to maintain plantings in the ROW. Separate
maintenance by the applicant could create inconsistent standards within the City. Staff, in
coordination with the Director of Public Works, recommends the Board require the applicant to
pay a pro-rata share of the City’s right of way landscaping contract. Staff recommends the Board
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require a contract between the City and the applicant be established prior to the City taking
ownership of the roadways.
Snow storage is discussed above.
The applicant has provided a silva cell layout drawing, which indicates there will be at least 1,000
cf for each tree. Staff considers no further discussion of this comment to be necessary.
(5) Planting Islands
(a) Curbed planting islands shall be designed and arranged to define major circulation
aisles, entrances and exits, provide vegetative focal points, provide shade and canopy, and
break up large expanses of asphalt pavement. All islands shall be planted with trees, shrubs,
grasses and ground covers. Plant materials judged to be inappropriate by the Development
Review Board will not be approved.
(b) Curbs of such islands shall be constructed of concrete or stone and shall be designed to
facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging the
plants. Sections of drop curb are permitted if their purpose is to allow stormwater runoff from
the adjacent parking area to reach stormwater collection and management infrastructure.
(c) Islands are strongly encouraged to be graded and planted to serve as collection and
treatment areas for stormwater management. It is recommended that sections of drop curb
no greater than five feet in length be installed to allow stormwater to flow off the paved
parking lot and onto the island for treatment. At the DRB’s discretion, curbless parking areas
and planting islands may be allowed where these are specifically designed for stormwater
management. However, ends and corners of such areas must be protected with curbing to
prevent cars from driving over or parking on planted areas.
Except as discussed above pertaining to the amount of landscape islands, Staff considers these
criteria to be met.
(6) Snow storage areas must be specified and located in an area that minimizes the potential for
erosion and contaminated runoff into any adjacent or nearby surface waters.
As noted above, snow storage areas on Lots 10 and 11 are in conflict with sight distance, and snow
storage areas on Lot 11 are in proximity to stormwater features.
E. Modification of Standards. Except within the City Center Form Based Code District, where the
limitations of a site may cause unusual hardship in complying with any of the standards above and
waiver therefrom will not endanger the public health, safety or welfare, the Development Review
Board may modify such standards as long as the general objectives of Article 14 and the City's
Comprehensive Plan are met. However, in no case shall the DRB permit the location of a new structure
less than five (5) feet from any property boundary and in no case shall be the DRB allow land
development creating a total site coverage exceeding the allowable limit for the applicable zoning
district in the case of new development, or increasing the coverage on sites where the pre-existing
condition exceeds the applicable limit.
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The applicant’s requested waivers, beyond those which were issued at the master plan level, are
discussed elsewhere in this document.
F. Low Impact Development. The use of low impact site design strategies that minimize site
disturbance, and that integrate structures, landscaping, natural hydrologic functions, and various
other techniques to minimize runoff from impervious surfaces and to infiltrate precipitation into
underlying soils and groundwater as close as is reasonable practicable to where it hits the ground, is
required pursuant to the standards contained within Article 12.
Stormwater management is addressed above under PUD standard 11.
G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for
Roadways, Parking, and Circulation shall be met.
See discussion under PUD criterion 9 above.
OTHER
Bicycle Parking
At preliminary plat, the Board found this criterion should be evaluated on a lot by lot basis. Minimum
required bicycle spaces are as follows.
Lot # of
Units
SF
Commercial
Required
short
term
spaces
Required
Long
Term
Spaces
Required
Clothes
Lockers
10 47 0 5 47 0
11 47 0 5 47 0
Short Term Bicycle Parking
The applicant has proposed a group of five bicycle racks near the entrance to each building. The
Board found at preliminary plat that the applicant must demonstrate that the racks support two
bicycles each in accordance with the standards of 13.14B(2), and meet the minimum spacing and
location requirements of 13.14B(2) and Appendix G, including distribution around principal
entrances, at final plat.
35. Original Comment: The applicant has not provided a detail of the bike parking. Staff recommends
the Board require the applicant to correct this deficiency.
Update for 1/4/2022: A detail has been provided. Staff considers this comment to have been
addressed.
Long Term Bike Storage
The provided architectural plans show bicycle storage in the parking garages, but it is not clear
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whether these storage areas will meet the minimum required number of spaces. The Board found
at preliminary plat that the applicant must provide details on these storage areas as part of the Final
Plat, including demonstration of how the required minimum numbers will be provided.
36. Original Comment: This requirement has not been addressed. Staff recommends the Board require
the applicant to address this deficiency before closing the hearing.
Update for 1/4/2022: The applicant has proposed the “mini mum” rack, from Vermont
Manufacturing Systems. Specified spacing is 16”; the applicant is proposing approximately 17”
spacing. Staff considers this comment to have been addressed.
Traffic Overlay District
The project is located with the traffic overlay district Zone 3. The master plan has a total area of 39.16
acres (39.76 acres pending approval of MP-20-01) and therefore has a traffic budget of 1762 (or 1789)
vehicle trips per PM peak hour. The project’s TIS estimates full build of the project will generate 428 trips,
revised to 282 trips based on the 2/5/2020 traffic memo. The Board finds this criterion met.
Energy Standards
All new buildings are subject to the Stretch Energy Code pursuant to Section 3.15: Residential and
Commercial Building Energy Standards of the LDRs.
Sureties
Update for 1/4/2022: This section has been updated in its entirety to reflect meetings between the
applicant and staff and a more detailed review of the applicant’s request based on information provided
at those meetings.
Sureties are addressed in 15.15 of the LDR. The applicant is required to provide surety (bonds, escrow
accounts, or letters of credit) for three elements of the proposed project:
1. public facilities and improvements
2. street trees
3. site landscaping
Surety for public facilities is required to be maintained until work is complete and for two to three years
thereafter. Street tree and site landscaping sureties are required to be maintained until three years after
the work is complete. The amount of the public facility surety shall be the full cost of the facilities; street
trees are a public facility. Under the current LDRs, the amount of site landscaping surety shall be $10,000
plus 50% of the amount over $10,000. At the time the master plan and Phase I final plat (#SD-17-17) was
approved, the then-effective LDRs required a landscaping surety to be 100% of the required minimum
landscaping value.
With the zoning permit enacting final plat approval #SD-17-17, the applicant requested approval for a
complicated phasing framework which resulted in the establishment of 38 separate bonds, representing
nine infrastructure phases, eight street tree phases, and 21 site landscaping phases. The applicant
proposed this framework because they thought having a larger number of smaller bonds would be easier
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to manage. The Zoning Administrator approved this request. Since that time, the applicant and Staff have
found the approved bonding framework difficult to administer.
Staff notes the original master plan and final plat approval omit detailed discussion of sureties. The
complicated surety framework currently in place is entirely a construct of the applicant.
The applicant is proposing a new framework which proposes to provide one public infrastructure letter of
credit and one letter of credit for street trees and site landscaping. The value of the letters of credit is
proposed to vary depending on what elements of the project are within the required time period
(commencing with a zoning permit for the work and expiring two to three years after completion). The
applicant is proposing that this framework be applied retroactively to the phases already bonded for. It
also appears the applicant is proposing this framework apply to the lots for which final plat applications
have not yet been submitted. The applicant is also requesting that the new surety requirements ($10,000
plus 50% of the amount over $10,000) retroactively apply to the previous sureties, reducing the total
amount of the sureties.
Ultimately, Staff considers the applicant’s request is largely a matter of administration; the Board’s
responsibility is to establish the amount of surety to be provided, not how it is broken out. Staff requests,
however, the Board make a determination on the applicant’s request to apply the reduced site
landscaping bond calculation to older sureties. This has some challenges. For example, the applicant
obtained a zoning permit more than three years ago for a phase but has not installed every required tree
in that phase because some are associated with homes not yet constructed. Under their proposed
framework, they would have to establish a snapshot of what has been planted, calculate the surety of
those plantings based on the reduced formula above, and request that amount be released in three years.
However, if the applicant is willing to undertake this exercise for every previously-approved phase, Staff
considers it is not prohibited by the LDR.
The portion of the applicant’s request for which Staff requests the Board’s feedback is whether to
retroactively apply the reduced surety formula to permits already issued. Staff considers generally, under
the “Stowe Club Highlands” test, applicants may request a new finding on a determination that was
already made if the circumstances surrounding that finding have changed. Such a request is subject to a
warned public hearing.
37. New comment for 1/4/2022: Staff recommends the Board determine whether to allow the applicant
to reduce the amount of site landscaping bonds for previous phases, either as part of this hearing or
at all.
UPDATES TO COMMENTS REVIEWED BY THE BOARD ON 12/7/2021
Staff Comments 1-28 were discussed at the November 16, 2021 meeting. Comments which Staff considers
to have been addressed are excluded.
SC 1 re: Phasing
The applicant is requesting that Lots 10 and 11 be approved as separate phases without a required order.
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The applicant clarified on 11/16 that the zoning permit for Lot 11 would include all roads shown on the
project plans and the zoning permit for Lot 10 would exclude the portion of O’Brien Farm Road north of
the intersection of Two Brothers Drive. The applicant has provided a very basic phasing plan, which does
not appear to match the description of the phases provided on 11/16. Staff continues to recommend the
Board require the applicant to provide a phasing plan to facilitate issuance of zoning permits, provision of
sureties, and eventual certificate of occupancy inspection, prior to closing the hearing. Such plan should
be overlaid on the site and landscaping drawings to illustrate exactly which elements are proposed to be
included in each zoning permit.
SC 5 re: Integration of Inclusionary Units
18.01C(2) Inclusionary units required under this section shall be:
(b) Integrated into the overall project layout and similar in architectural style and outward
appearance to market rate units in the proposed development.
(i) Inclusionary units shall be physically integrated into and complement the overall
layout, scale, and massing of the proposed development; this criterion may be achieved in
a single building or multiple buildings.
The applicant indicated that though they are committed to 79 inclusionary units and 94 total
units between the two buildings, the availability of funding will determine how many inclusionary
and how many market rate units are in each building. In addition to the flexibility in phasing
discussed above, the applicant has requested that the number of market rate and inclusionary
units on each of Lots 10 and 11 be allowed to be flexible, though they are willing to commit
to 79 inclusionary units and 94 total units on the two lots combined. Each building will have
47 units with an identical (but mirrored) floor plan.
Original Comment: Staff recommends the Board allow the applicant’s request with the
following manner.
Building 10 Min 37, max 42 inclusionary units Min 5, max 10 market rate units
Building 11 Min 37, max 42 inclusionary units Min 5, max 10 market rate units
Update for 1/4/2022:
The Affordable Housing Committee provided a letter of support for the project, included the
packet for the Board. The conclusion of the letter is as follows.
The committee members present and participating in this review voted unanimously to
express our support to the DRB and staff for the proposed changes presented by Summit
and O’Brien at our December 13th meeting.
The applicant modified their requested number of units on 11/16 to request they only be
required to build 51 inclusionary units due to uncertainty in funding. Regardless of the total
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number of inclusionary units, Staff considers the Board should require a mix of market rate
and inclusionary units in each building. Staff recommends the Board ask the applicant to
propose a floor and ceiling for inclusionary and market rate units, and for the Board to discuss
whether to accept the proposal.
SC 6 through 9, 24 and 25 re: materials, dimensions and consistency of proposed buildings with
remainder of project
(ii) Inclusionary units shall be constructed with the same exterior materials and
architectural design details quality of those of the market rate units in the development.
However, the exterior dimensions of the inclusionary units may differ from those of the
market rate units.
At preliminary plat, the Board found this criterion preliminarily met. This finding was
incumbent on the final appearance of the building or buildings containing the inclusionary
units being indistinguishable from the buildings containing solely market rate units. At
preliminary plat, the applicant anticipated submitting final plat applications for all six
multifamily buildings simultaneously. Now that the applications are being submitted
separately, Staff considers the Board is entitled to rely on consistency between the proposed
appearance of the buildings on Lots 10 and 11 with the preliminarily proposed appearance of
the remaining multi-family buildings as the way to evaluate compliance with this and other
“consistency” criterion.
The applicant’s initial submission represented buildings with the same architecture as one
another, entry towers at all six buildings, and parking garages along at least one street
facing façade for each building. During the preliminary plat hearings, the applicant
provided supplemental testimony and exhibits to respond to Board feedback on this and
the criteria of 14.06A and 14.06B. This testimony indicated the applicant’s approach to
creating an attractive and activated street presence for each building by creating an
engaging street presence. This was proposed to be done through modifications to the
buildings and surrounding streetscape, to include the following.
• a “theme and variation” approach to the entry towers, with similar exterior architecture
but differing interior treatments visible through the tower windows.
• slatted ventilation and decorative inserts to screen street-level garage openings
• an entrance into street-level common space near the center of the garage where it faces
on a street
• landscape architectural elements including seating, information kiosks
• vegetation to include trees, grasses and planters
• complementary entrances at the main four-way intersection to include short-term
bicycle parking, flush granite curbing, seat walls, raised planting beds, bench seating,
and landscaping
• interior common spaces
• walkways, including suspended decks and boardwalks along Kennedy Drive
• Where parking garages make up the street-level façade, the applicant has proposed a
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small common room, approximately the size of 1.5 parking spaces, with street-level
entry, on each façade.
The Board found that if the presented improvements were integrated into the design, the
buildings would be complementary throughout and that proposed structures will respond to
the terrain and provide a sufficient street presence.
The below rendering & elevation show the same portion of the building on Lot 10 from the
preliminary plat approval.
Rendering Approved at Preliminary Plat
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Lot 10 Elevation approved at Preliminary Plat
At preliminary plat, the applicant placed emphasis on the fact that each of the buildings
proposed for the corner of Two Brothers Drive and O’Brien Farm Road had a prominent entry
tower, a characteristic mentioned several times in the Board’s findings. The Board’s findings
also specifically call out the applicant’s proposal to provide:
• a “theme and variation” approach to the entry towers, with similar exterior
architecture but differing interior treatments visible through the tower windows
• slatted ventilation and decorative inserts to screen street-level garage openings
• an entrance into street level common space near the center of the garage where it
faces on a street
• complementary entrances at the main four-way intersection to include short-term
bicycle parking, flush granite curbing, seat walls, raised planting beds, bench seating,
and landscaping
The Board found that if the presented improvements are integrated into the design, the
buildings would be complementary throughout and that proposed structures will respond to
the terrain and provide a sufficient street presence.
On 11/16, the Board and applicant engaged in a lengthy discussion of whether the proposed
buildings satisfied the parameters established at preliminary plat. The applicant has made
modifications to their building architecture. Their cover memo calls out the following
elements of the revised buildings
• prominent and complementary entry towers
• slatted ventilation and decorative inserts
• varied windows
• enhanced entrance into street level near center of buildings
• enhanced balconies
• enhanced depth and height variation within each building
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• architectural style complimenting surrounding buildings, consistent with preliminary
plat approval
The following rendering shows the currently proposed building
Currently Proposed Partial Lot 10 Rendering
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Currently Proposed Partial Lot 10 Elevation
The building on Lot 11 is a mirror image of the building on Lot 10. Staff notes the current proposal differs
from the elevations represented at preliminary plat in that there are no balconies (balconies on the
currently proposed buildings are on the short side of the buildings facing away from the street only), all
glazing is on the same height as opposed to variable height, and the entry tower has less glazing. As noted
above, the applicant’s proposal at preliminary plat included a “theme and variation” approach to the entry
towers, with similar exterior architecture but differing interior treatments visible through the tower
windows. Staff notes the applicant’s updated proposal changed the entry tower into residential units
fromthe preliminarily proposed stair tower. The applicant’s own design choice has inhibited them from
adhering to the architecture and “theme and variation” presented at preliminary plat.
Staff recommends the Board discuss whether the revised buildings are sufficiently consistent with the
parameters established at preliminary plat.
SC 10 re: Signage
The applicant may not show signage on their plans or renderings. The revised submission continues to
include signage. Staff recommends the Board require the applicant to remove all signage, sign locations,
sign callouts from all submission materials.
SC 11 re: Unit Size
(iv) Inclusionary units may differ from market rate units with regard to both interior
amenities and amount of Habitable Area. However, the minimum Habitable Area
of inclusionary units shall be 450 square feet for studios, 650 square feet for 1-
bedroom units, 900 square feet for 2-bedroom units and 1,200 square feet for three
(3) or more bedrooms. If the average (mean) area of the Habitable Area of the
market rate units is less than the minimum area required for the Habitable Area of
inclusionary units, then the Habitable Area of the inclusionary units shall be no less
than 90% of the average (mean) Habitable Area of the market rate units.
With the amended preliminary plat to add phases (#SD-21-13), the Board found the applicant must
demonstrate compliance with the minimum habitable area listed in this criterion without allowing a
reduction for smaller market rate units. The applicant has provided a floor plan showing that these
minimum unit sizes have been provided. Staff considers this criterion met.
SC 14 re: Access, Circulation and Traffic Management
15.18A(3) The project incorporates access, circulation and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the
findings of a traffic study submitted by the applicant, and the findings of any technical review by City
staff or consultants.
The Board found at preliminary plat that the applicant must provide an updated traffic study evaluating
the design of the proposed intersection of Two Brothers Drive and Kenney Drive.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 |
www.southburlingtonvt.gov
The Director of Public Works reviewed the plans with Planning and Zoning Staff on 10/29/2021. The
following are comments from that review, and Staff analysis of the updated materials provided on
12/20/2021.
• The updated traffic impact study has changed the land use code used for the two-family homes in
Phase 1 of Hillside compared to the previously submitted version of the study. The applicant
should explain why the change was made.
The applicant has provided a “TIA Trip Clarification Memo” which explains that the available land
use codes have changed since the previous version of the study (based on ITE Trip Generation 9th
edition) and the present (ITE Trip Generation 11th edition). The applicant is now estimating the
Hillside development, the subject of master plan #MP-16-01, generates 270 PM peak hour trips.
The original approval estimated 428 trips. The largest reduction came from removal of nearly
50,000 sf of commercial/office space, but there are also reductions in the trips generated by the
residential elements of the project, despite an increase in the number of single family and
multifamily homes.
• There should be a crosswalk and pedestrian beacon on the uphill side of the driveways at Lots 14
and 15 on Two Brothers Drive. The exact location should be evaluated by a site design professional
and reviewed prior to closing the hearing.
The applicant has added this. Staff has requested the Director of Public Works review this
configuration and recommends the Board continue the hearing to allow review of this and other
comments.
• The driveway out of Lot 12 is lower than the adjacent O’Brien Farm Road and may have sight
distance issues given the proposed streetscape. The applicant should revisit.
The applicant does not appear to have addressed this comment. Landscaping adjacent to this
entrance is proposed to have a mature height of 4 – 6 ft. Staff recommends the Board require
the applicant to modify their proposed landscaping plan to address sight distances prior to
closing the hearing.
SC 17 re: Open spaces areas on the site
15.18A(6) Open space areas on the site have been located in such a way as to maximize opportunities
for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. For Transect
Zone subdivisions, this standard shall apply only to the location of natural resources identified in Article
XII of these Regulations and proposed open spaces to be dedicated to the City of South Burlington.
The Board provided feedback that the pocket park on Lot 17 needed to be enhanced to make it more
appealing and accessible to residents. The applicant has increased the landscaping around the park and
added a direct sidewalk connection from the building, but has not enhanced the space in any way. Staff
recommends the Board consider whether to require modifications to make the space more attractive and
useable. Examples of elements that may make the area more useable include a covered table, and
arranging the seating in a semi-circle or two semi-circles. Staff considers such elements to be more
valuable to the project than increased landscaping.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 |
www.southburlingtonvt.gov
SC 18 & 19 re: Lighting
The applicant’s provided photometric drawing had inconsistency in the light levels provided by identical
fixtures in different locations. This has been corrected.
No lighting has been shown on the buildings or in the parking areas, though the applicant has provided a
detail for a 13-ft pole which they indicate is for the parking areas. The applicant may not install lighting
that is not shown on the approved plans. Staff recommends the Board require the applicant to show
the location and photometrics of all proposed lighting prior to closing the hearing.
SC 22 re: Comments of the Director of Public Works
Revised materials were received on 12/21. As noted above, Staff recommends the Board continue the
hearing to allow review by the Director of Public Works.
SC 26 re: Transition between Single Family and Duplex Area and Multifamily Area
At preliminary plat, the Board found the applicant must demonstrate at final plat that the design of the
building and landscaping on Lot 10 provides an appropriate transition from the single-family and duplex
area to the southwest to the multifamily area, and that the street level garage presents a harmonious
relationship with the residential character of the neighborhood. The applicant testified on 11/16 that
they pulled the building away and added plantings along the edge of the driveway. They also want to
use the colors of the building. The Board didn't have any discussion. Below is a screenshot of this area.
Staff recommends the Board discuss whether the provided design accomplishes this objective, since the
area between the property line and the building is proposed to be maintained as lawn.
Area between Hillside Phase 1 and Building on Lot 10
180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 |
www.southburlingtonvt.gov
SC 27 re: Access to Abutting Properties
A. Access to Abutting Properties. The reservation of land may be required on any lot for provision
of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto
an arterial or collector street, to provide additional access for emergency or other purposes, or to
improve general access and circulation in the area.
The Board found at preliminary plat that there should be a shared curb cut between Lots 11 and 16
(now Lots 11 and 18). Lot 18 is now proposed for stormwater treatment as part of the adjacent O’Brien
“Eastview” development. Staff considers shared access to remain important for maintenance of the
stormwater treatment system.
On 11/16, the applicant agreed to provide a curb break in the O’Brien Farm Road driveway for Lot 11 of
minimum width to allow a maintenance vehicle. This does not appear to be done. Staff recommends the
Board require the applicant to address this before closing the hearing.
Recommendation
Staff recommends the Board work with the applicant to address the issues identified herein.
Respectfully submitted,
Marla Keene, P.E.
Development Review Planner
VIA ELECTRONIC MAIL
December 21, 2021
South Burlington Development Review Board
C/O Ms. Marla Keene, Development Review Planner
City of South Burlington
180 Market Street
South Burlington, VT 05403
Re: Final Plat Review: Hillside at O’Brien Farm Lot 10 and Lot 11 of Phase I Master Plan
Dear Board Members:
We appreciate your review and feedback of our project on November 16th and are looking forward to
our upcoming hearing with regard to Application SD-21-25, 255 Kennedy Drive. In advance of that hearing,
please find the following items responsive to numbered items in the staff report dated November 2, 2021.
Staff Comments Pertaining Exclusively to Lots 10 and 11:
1. Staff Comments 7, 8, 9, 10, 24, 25: These staff comments comprise all of the feedback pertaining to the
architectural design features of Lots 10 and 11. As set forth on the submitted architectural plans, the
buildings have been substantially redesigned to incorporate all of the key features identified by the
Board at preliminary plat and the first final plat hearing, including: i) prominent and complementary
entry towers; ii) slatted ventilation and decorative inserts; iii) varied windows; iv) enhanced entrance
into street level near center of buildings; v) enhanced balconies; vi) enhanced depth and height variation
within each building; vii) architectural style complimenting surrounding buildings, consistent with
preliminary plat approval.
2. Staff Comment 11: Per previously submitted documentation discussed with staff, unit measurements
are above the minimum Habitable Area.
3. Staff Comment 19: Applicant has provided a photometric lighting plan showing lighting on Lots 10 and
11.
4. Staff Comment 27: Applicant has denoted a curb cut on Lot 11 driveway large enough for maintenance
vehicle to access Lot 18.
5. Staff Comment 28: Access to solid waste facilities on Lots 10 and 11 include dedicated pedestrian
facilities.
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6. Staff Comment 29, 30: 31: Applicant has revised the landscape plan after consultation with staff,
including improvements to Lot 11 pocket park, and revised landscaping budget accordingly.
7. Staff Comment 32: Per landscaping plan L102, Street trees have been moved and snow storage areas
clearly identified to confirm clear lines of sight.
8. Staff Comment 33: The parking area has been reconfigured to include 10% landscaped islands in each
parking area.
9. Staff Comments 35 and 36: Applicant has provided a detail of the short term bike parking on landscape
plans confirming compliance with short term bicycle requirements, and details on architectural plans
confirming location of 47 long term bike spaces.
All Other Staff Comments
10. Staff Comment 14: Attached please find a letter from Roger Dickenson, the Project traffic engineer
discussing the land use codes in the traffic study. The requested crosswalk and pedestrian beacon are
added to the Project civil plans.
11. Staff Comment 15: As discussed at the hearing, a crosswalk will not be provided at Kennedy Drive until
such time as the traffic signal is warranted. Attached please find a new plan sheet, Sheet K1-I. This is
the interim plan for the widening of Kennedy Drive and installation of the project access. This condition
will remain in place until the signal is warranted, at which point the full signalization plans will be
constructed. We have also made a few updates to sheet K2 and K3, updated files provided.
12. Staff Comment 18: Applicant has provided a cut sheet for the 13’ light pole being proposed, as well as a
cut sheet for the light top. An updated lighting plan is also provided where we believe any issues with
the light levels are resolved and accurate.
13. Staff Comment 22: There are a number of comments embedded here. Each is addressed below:
a. Bike Ramps to Road from Rec Path: Our consultant for the bike and pedestrian connections has
reviewed their previous report and provided an updated recommendation. Please see the attached
letter response from Corey Mack at WCG.
b. A sign and pavement marking plan has been included in the attached updated exhibits.
c. The applicant has not removed the perennials from the landscape plan that are within the right of
way. We feel these add tremendous value to the project and create a streetscape and sense of
place. The applicant proposes to remove these plantings from the proposed landscape budget,but
to leave them in the Project plans. Our hope is that a maintenance agreement with the City can be
reached so that the plants can be installed. If the agreement is not reached, they will be omitted. If
it is reached, they will be installed. In either scenario due to the need for an ongoing maintenance
agreement, they will not be counted toward the required landscape minimum. We would request
the DRB simply condition the installation of the plants on the executed maintenance agreement.
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d. Remining items regarding details for landscape and civil work have been addressed and corrected in
updated project plans.
14. Staff Comment 34: See response to comment 22 on planting in ROW. Silva cell details are provided on
updated landscape plans.
We appreciate the boards review of our Project and look forward to our upcoming discussion. Thank you.
Sincerely,
Andrew Gill, Director of Development
Enclosures
South Burlington Affordable Housing Committee
Date: December 22, 2021
To: Development Review Board
From: Chris Trombly, Chair, Affordable Housing Committee
CC: Affordable Housing Committee, Marla Keene, City Planner
RE: Summit Application to build affordable housing on lots 10 and 11 of the O’Brien project
on Kennedy Drive
Committee Members: Janet Bellavance; Leslie Black-Plumeau; Vince Bolduc; Sandy Dooley, Vice-
Chair; Ariel Jensen-Vargas; Patrick O'Brien (Did not participate in the discussion of the Summit
application); Darrilyn Peters; Minelle Sarfo-Adu; John Simson; Chris Trombly, Chair.
Summit met with the committee twice to inform our committee of the status of the project and to
understand if the project was consistent with the vision captured in our Affordable Housing Standards in
the current land development regulations, in particular 18.01 C.(2)(b), which requires the proposed
Summit buildings to be “similar in architectural style and outward appearance to the market-rate units in
the proposed development.” In this case, the vast majority of the market-rate units will be in buildings
that O’Brien Brothers proposes to build under a separate application.
Summary of due diligence:
● Summit presentation to AHC on November 29th, 2021
● Site visit to Summit Properties at 268 East Allen St and 10 Manseau St in Winooski on November
29th, 2021
● Review of the Affordable Housing Standard outlined in the current Land Development
Regulations, 18.01 C.(2)(b)
● Review of Development Review Board and staff comments from November 16th, 2021
● Summit and O’Brien presentation to AHC on December 13th, 2021
Committee Feedback:
The highest priority for the committee is that inclusionary units are integrated into the neighborhood in an
inclusive manner. One member’s statement that probably best sums up our assessment is “this is exactly
the type of neighborhood we hoped to see with inclusionary zoning”. It was helpful for us to see the
proposed changes in the overall layout of the site and the modified exterior design of the Summit
buildings. We are especially pleased that 71 of the 94 units will be affordable, including 30% AMI, 60%
AMI, and 20 units targeted to the homeless.
The committee members present and participating in this review voted unanimously to express our
support to the DRB and staff for the proposed changes presented by Summit and O'Brien at our December
13th meeting.
Thank you for your ongoing service to our community.