HomeMy WebLinkAboutSP-22-008 CU-22-01 - Supplemental - 0255 Kennedy Drive (17)
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TO: South Burlington Development Review Board
FROM: Marla Keene, Development Review Planner
SUBJECT: #SP-22-008 AND CU-22-01 255 Kennedy Drive 4.3 acre lot Site Plan and
Conditional Use Application
DATE: June 21, 2022 Development Review Board meeting
PROJECT DESCRIPTION
Site plan application #SP-22-008 and conditional use application #CU-22-01 of O’Brien Farm Road, LLC to
construct a 52-space commercial parking lot on an existing 4.3 acre undeveloped lot for the use of
tenants on the adjoining multifamily residential lots, 255 Kennedy Drive.
CONTEXT
The Board held a hearing on this application on May 4, 2022. The Board continued the hearing for the
purpose of allowing the applicant to address outstanding concerns on the application.
The applicant provided revised materials on June 7. Review of these revised materials is incorporated
herein; criteria which Staff considers the Board to have indicated satisfied have been removed from this
report. The Board and applicant are encouraged to review the March 15 and May 4 Staff reports and
ask questions about any of the items excluded from the below on which they would like additional
clarification.
The parking lot will be for the use of the residents on Lots 13 and 15, and as noted in concurrent final
plat application #SD-22-05, is necessary to meet required parking minimums for the homes proposed on
those lots. The proposed area of this parking is not within the Master Plan or Preliminary Plat for O’Brien
Hillside.
COMMENTS
A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
3.03 District Boundaries
C. Split Lots. Where a district boundary divides a lot which was in a single ownership at the time of
passage of these regulations, the Development Review Board may permit, as a conditional use, the
extension of the regulations for either portion of the lot but not to exceed fifty (50) feet beyond the
district line into the remaining portion of the lot (See Article 14 for Conditional Use Review). This
provision shall no apply to the boundary lines of any overlay or floating district.
Since the applicant has elected to not subdivide the lands such that the proposed parking are is included
in Lot 13 (see applicant’s cover letter “The reasons that this land is not simply incorporated into Lot 13,
#SP-22-008 & #CU-22-01
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is simply to allow for the underlying density of the land to remain available to the Eastview planned unit
development.”), the only way to approve parking on a lot without a principal building is to consider it a
commercial or public parking facility. Such use is prohibited in the R12 zoning district but is permitted as
a conditional use in the C1-LR zoning district.
On May 4, the Board did not indicate any concern with applying the regulations of the C1-LR 50-ft into
the R12 for Lot 17. The applicant has updated their plans to show the 50-ft adjustment as a cyan line,
and has removed any parking spaces which are not fully contained within the C1-LR.
With the revised plans submitted on 6/7, Staff considers this criterion met.
Since concurrent final plat application #SD-22-05 is dependent on this application and not the other way
around, Staff has prioritized working on #SD-22-05 and does not have a draft decision for the Board at
this time. However, a draft decision will be available to the Board no later than the time at which they
deliberate on #SD-22-05.
RECOMMENDATION
Staff recommends that the Board discuss the project with the applicant and close the hearing.
Respectfully submitted,
Marla Keene, Development Review Planner