HomeMy WebLinkAboutAgenda 06_SP-22-043_255 Kennedy Drive_OBrien RecPath#SP-22-043
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
O’BRIEN FARM ROAD, LLC
255 KENNEDY DRIVE - #SP-22-043
FINDINGS OF FACT AND DECISION
Site plan application #SP-22-043 of O’Brien Farm Road, LLC to amend a previously approved plan for up
to 490 dwelling units and non residential space as allowed in the zoning district. The amendment
consists of removing 400 linear feet of sidewalk and constructing approximately 550 feet of 10-ft wide
recreation path, 255 Kennedy Dr.
The Development Review Board held a public hearing September 20, 2022. Andrew Gill represented the
applicant.
Based on testimony provided at the above-mentioned public hearing and the plans and supporting
materials contained in the document file for this application, the Development Review Board finds,
concludes, and decides the following:
FINDINGS OF FACT
1. This project consists of Site Plan application #SP-22-043 to amend a previously approved plan
for up to 490 dwelling units and non residential space as allowed in the zoning district. The
amendment consists of removing 400 linear feet of the sidewalk and constructing approximately
550 feet of 10-ft wide recreation path, 255 Kennedy Drive.
2. The owner of record of the subject property is O’Brien Farm Road, LLC.
3. The application was received on 8/25/2022.
4. The subject property is located in the Residential 12 (R12) and Residential 1 PRD (R1 PRD)Zoning
Districts.
5. The plans submitted consist of the following:
Sheet No Plan Description Prepared by Last Revised
Date
C-4.1 Site Plan Krebs & Lansing 06/09/2022
6. The purpose of this amendment is to fill a gap in the recreation path network that extends from
Hinesburg Road at O’Brien Farm Road (formerly Eldredge Street), through O’Brien Hillside,
through O’Brien Eastview, through Tilley Drive, through Community Drive/Technology Park, and
to the Williston town line.
7. The applicant is concurrently pursuing final plat #SD-22-10, which includes the O’Brien Eastview
portion of this recreation path. University of Vermont Medical Center is concurrently pursuing
site plan application #SP-22-032 which includes the portion of the recreation path connecting
O’Brien Eastview to Tilley Drive.
A) MASTER PLAN CONDITIONS
The master plan allows for 50% total coverage and 35% building coverage. The proposed project very
slightly increases total site coverage from 37.0% to 37.1%. No other master plan criteria are affected.
#SP-22-043
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
R12 District
Requirement
R12 District
Proposed
R1 PRD
District
Requirement
R1 PRD
District
Proposed
Max. Building Coverage 40 % 12.5% 15% 13.9%
Max. Overall Coverage 60 % 36.8% 25% 14.1%
Meets requirement
PHASING
The applicant has requested a 7-year timeline to begin the work to allow the work to be completed
concurrently with the adjacent phases of the concurrent O’Brien Eastview project (#SD-22-10). Staff
recommends the Board require the issuance of a zoning permit within the standard 6-months, with the
option for a 1-year extension. This is a minor project and waiting several years could create opponents
from the Hillside homeowners association that would say there is no need to change the sidewalk. The
applicant will have the necessary equipment on site to construct the path at the time they are
constructing the infrastructure associated with Hillside Phase II (supporting the multifamily housing at
the north end of O’Brien Farm Road).
SITE PLAN REVIEW STANDARDS
14.06 General Review Standards
A. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from
structure to structure, and to provide for adequate planting, safe pedestrian movement, and
adequate parking areas. The DRB shall consider the following:
(a) Street Frontage. Maintain internally-consistent building setbacks and landscaping
along the street.
The project does not affect approved buildings or landscaping. The Board finds this criterion not
applicable.
(b) Building Placement, Orientation. Maintain or establish a consistent orientation to the
street and, where a prevalent pattern exists, shall continue the manner in which the site’s
existing building foundations relate to the site’s topography and grade.
The project does not affect approved buildings. The Board finds this criterion not applicable.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between
existing, planned or approved development, and proposed development.
The project is to improve consistency between adjacent development areas. The Board finds this
criterion to be met.
(d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability
within the area proposed for development.
#SP-22-043
The purpose of the project is to enhance regional pedestrian connectivity. The Board finds this
criterion met.
(e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent
possible within the context of the overall standards of these regulations.
The project does not affect approved buildings. The Board finds this criterion not applicable.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a
public street shall be considered a front side of a building for the purposes of this subsection.
The project does not affect approved parking. The Board finds this criterion not applicable.
(3) Without restricting the permissible limits of the applicable zoning district, the height and scale
of each building shall be compatible with its site and existing or anticipated adjoining
buildings.
The project does not affect approved buildings. The Board finds this criterion not applicable.
B. Relationship of Structures and Site to Adjoining Area.
These criteria pertain to buildings. The project does not affect approved buildings. The Board finds
these criteria not applicable.
C. Site Amenity Requirement: No additional site amenity is required.
14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards shall
apply:
A. Environmental Protection Standards. All proposed development shall be subject to the
applicable requirements of Article 12, Environmental Protection Standards.
The project does not affect any areas that are the subject of Article 12, Environmental
Protection Standards.
B. Site Design Features. All proposed development shall comply with standards for the placement
of buildings, parking and loading areas, landscaping and screening, open space, stormwater,
lighting, and other applicable standards related to site design pursuant to these Land
Development Regulations.
These standards are contained in Article 13 and are discussed below.
C. Access and Circulation. All proposed development shall comply with site access and circulation
standards of Section 15.A.14.
The proposed work is within a street offered for acceptance as a public street. Therefore public
street standards apply. At the time of the street’s approval, the street type standards of
14.A.15C(6) did not exist. Nonetheless, the Board finds the proposed modification to be allowed
under 15.A.14C(7), which permits the Board to modify a street type if the modification furthers
stated Comprehensive Plan goals and policies specific to the Zoning District and which the street
is located, and that such modification is consistent with the provisions for the public health,
safety and welfare and the orderly development of the City. As noted above, the proposed
#SP-22-043
change from sidewalk to recreation path and the proposed additional segment of recreation
path reduce a gap in the City’s recreation path network. The Board finds this criterion met.
D. Transportation Demand Management (TDM) [reserved]
E. Building Form. Development within the City Center Form Based Code District, the Urban Design
Overlay District, and other districts with supplemental building form standards shall adhere to the
standards contained therein.
The project does not affect approved buildings. The Board finds this criterion not applicable.
F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing
structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the
City Center Form Based Code, or Section 3.15(D) in all other zoning districts, shall be required to
upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the
standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this
subsection shall be construed to limit requirements for additional upgrades as necessary to meet the
requirements of these Regulations.
The project does not affect approved buildings. The Board finds this criterion not applicable.
G. 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 applicant is proposing to extend the recreation path to the adjacent O’Brien Eastview development
and is concurrently seeking approval for the path on that project. The Board finds this criterion met.
H. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall
be underground insofar as feasible and subject to state public utilities regulations. Any utility
installations remaining above ground shall be located so as to have a harmonious relation to
neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and
Services, shall also be met.
No changes to utility services are proposed. The Board finds this criterion not applicable.
I. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance
with any recycling, composting, or other requirements, shall be accessible, secure and properly
screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small
receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall not
be required to be fenced or screened.
No change to waste disposal are proposed. The Board finds this criterion to be not applicable.
SUPPLEMENTAL REGULATIONS
13.04 Landscaping, Screening & Street Trees
The applicant does not propose to affect any previously approved and installed street trees. The Board
finds the provisions of 13.04I, requiring maintenance of approved plantings in a vigorous growing
condition, to apply.
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DECISION
Motion by __, seconded by __, to approve Site Plan application #SP-22-043 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 plan submitted by the applicant and on file in the
South Burlington Department of Planning and Zoning as modified below.
3. The applicant must obtain a zoning permit within six (6) months from the date of this decision or this
approval expires and is null and void. The applicant may submit a request for an extension to obtain
a zoning permit under the terms outlined in Section 17.04 of the LDR’s, but the request must be
submitted prior to the expiration of this approval.
4. Prior to issuance of a zoning permit, the applicant must post an infrastructure bond for $20,080. This
bond shall remain in full effect for two years after the work is deemed complete by the City Engineer
as provided in LDR 15.A.20A.
5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of
the project.
6. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of
the South Burlington Land Development Regulations.
7. Any change to the site plan shall require approval by the South Burlington Development Review
Board or the Administrative Officer.
#SP-22-043
Dan Albrecht Yea Nay Abstain Not Present
Mark Behr Yea Nay Abstain Not Present
Frank Kochman Yea Nay Abstain Not Present
Quin Mann Yea Nay Abstain Not Present
Dawn Philibert Yea Nay Abstain Not Present
John Stern Yea Nay Abstain Not Present
Stephanie Wyman Yea Nay Abstain Not Present
Motion carried by a vote of _ - _ - _.
Signed this ____ day of September 2022, by
_____________________________________
Dawn Philibert, 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 180 Market 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.
VIA ELECTRONIC MAIL
August 12, 2022
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: Amendment to Hillside PUD SD-17-17; Recreation Path, Two Brothers Drive
Dear Board Members:
This application seeks approval to amend the existing Hillside final plat SD-17-17, to replace a
planned 5’ concrete sidewalk with a 10’ paved multi-use path, located at the south end of Two Brothers
Drive, as detailed on sheet C-4.1 (the “Project”). This path will connect to the eastern boundary of the
Hillside property and eventually will be continued in the Eastview project, creating an east-west
connection requested by the Development Review Board in the Eastview final plat proceedings which
are currently underway.
As outlined in the complete Final Plat application attached to this letter as Exhibit 001, no
significant impacts under relevant zoning criteria are proposed. The area of the planned recreation path
is currently constructed as a 5’ sidewalk. Ample room exists to extend the sidewalk without impact to
existing homes or landscaping. The proposed addition fits in the existing City ROW, and no amendments
to existing offers of dedication are required. The additional lot coverage proposed is 2,735 square feet.
This coverage consists of an additional 125 square feet in the R1 district (when the district boundary is
shifted 50’, as it was and has remained since SD-17-17 issued) and 2,610 square feet in the R12 district.
An updated lot coverage table is attached which includes all coverage approved by the DRB for the
Hillside project, including the Lot 10, Lot 11, Lot 13 and Lot 15 multi-family developments. As noted, we
remain well below the allowed maximums, even when accounting for the additional coverage proposed
by this recreation path.
The Applicant estimates the cost of this new recreation path to be approximately $20,080. The
Applicant will amend its existing bonding with the city to include this additional bonded amount prior to
commencement of the work. The Applicant would request that the Board grant a 7-year timeline to
commence work and that if work does not commence the approval will be null and void, recognizing
that this sidewalk connection will be built in conjunction with the neighboring Eastview development as
triggered and required by that permit. If that Project is never approved and therefore does not trigger
this connection, there should be no further obligation to build this recreation path as there would be
nothing to connect with.
2
Given the minimal impact of the work proposed, no further analysis is provided. We look
forward to discussing this plan with the Board.
Sincerely,
Andrew Gill, Director of Development
LOCATION MAP
HILLSIDE @ O'BRIEN FARM - Sidewalk
Amendment South Burlington, Vermont
SITE
Lot 6 3.0 ac
Lot 16
2.81 ac
New 12"CL 52 D.I.
Water. Connect to Phase
1 stub. Verify elevation
prior to laying pipe
HILLSIDE @
O'BRIEN FARM
OWNER AND APPLICANT:
ISSUED FOR PERMIT REVIEW
NOT FOR CONSTRUCTION
PROPERTY INFORMATION:
C-4.1
SITE PLAN -
Multi-Use Path
Connection to
Eastview
Old Farm Road and Kennedy Drive,
South Burlington, Vermont
O'BRIEN BROTHERS
1855 WILLISTON ROAD
SOUTH BURLINGTON, VT 05403
164 Main Street, Suite 201 P: (802) 878-0375
Colchester, Vermont 05446
email@krebsandlansing.com
HILLSIDE
New 10' paved
multi-use path to
replace existing 5' wide
concrete sidewalk
New 10' wide paved
access ramps with
detectable warning
plates
Remove existing curb
cut and sidewalk ramp
New 10' paved
multi-use path to
replace existing 5' wide
concrete sidewalk
Remove existing 5'
wide concrete sidewalk
to match new pavement
Regrade slope as needed
to install new 10' paved
path. Provide erosion
control matting on slopes
steeper than 3:1.
10' paved muli-use
path connection to
Eastview project.
Hillside & O'Brien Farm
Lot Coverage Calculations and Setbacks
11-Aug-22
Existing Master Plan Lots and Areas
Existing Master Plan
Lot #Area (sq.ft.)Area (acres)
Building Area Existing
(sq.ft.)
Building Coverage
Existing (%)
Roads/Walks/Drives
Existing (sq.ft.)
Road Walks and Drives
Existing %
All Impervious Existing
Area (sq.ft.)
All Impervious Existing
%
Buidling Coverage
Proposed Sq. Ft.
Building Coverage
Proposed %
Roads and Walk
Coverage Proposed Sq.
Road and Walk Coverage
Proposed %
Total Coverage Proposed
Sq. Ft
Total Coverage
(%)
3 88665 2.04 0 0.0 0 0.0%0 0%0 0.0%0 0.0%0.00 0.00%
4 46339 1.06 0 0.0 0 0.0%0 0%0 0.0%0 0.0%0.00 0.00%
5 380323 8.73 120899 31.8 21170 5.6%142069 37%120899 31.8%21770 5.7%142669.00 37.51%
6 132237 3.04 0 0.0 1960 1.5%1960 1%0 0.0%1960 1.5%1960.00 1.48%
7 106494 2.44 37513 35.2 7495 7.0%45008 42%37513 35.2%7495 7.0%45008.00 42.26%
8 202366 4.65 31603 15.6 13877 6.9%45480 22%31603 15.6%13877 6.9%45480.00 22.47%
9 79777 1.83 23606 29.6 6843 8.6%30449 38%23606 29.6%6843 8.6%30449.00 38.17%
10 40634 0.93 10002 0.0 17515 43.1%27517.0 68%10002 24.6%17515 43.1%27517.00 67.72%
11 51168 1.17 10002 0.0 21345 41.7%31347.0 61%10002 19.5%21345 41.7%31347.00 61.26%
12 68444 1.57 0 0.0 0 0.0%0 0%0 0.0%0 0.0%0.00 0.00%
13 89361 2.05 43668 48.9 33645 37.7%77313 87%43668 48.9%33645 37.7%77313.00 86.52%
14 47162 1.08 0 0.0 0 0.0%0 0%0 0.0%0 0.0%0.00 0.00%
15 101835 2.34 30474 29.9 11867 11.7%42341 42%30474 29.9%11867 11.7%42341.00 41.58%
ROWs 294804 6.77 0 0.0 195828 66.4%195828 66%0 0.0%197963 67.2%197963.00 67.15%
Total 1729609 39.71 307767 17.8%331545 19.2%639312 37%307767 17.8%334280 19.3%642047.00 37.12%
Master Plan Coverage Restrictions
Allowed Existing Proposed
Is Proposal Compliant
with Master Plan
Permit Coverage
Allowance
Total Building
Coverage In
Entire Master
Plan 35.00%17.80%17.8%YES
Total Site
Coverage In
Master Plan 50.00%37.00%37.1%YES
Master Plan Coverage by Zoning Distrct
District Max Lot Coverage Provided Lot Coverage Max Building Coverage
Provided Building
Coverage
Square Feet of Land In
District In Project Square Feet Building Square Feet Total
R12 60%36.8%40%12.5%1648310.4 206038.8 605856.6064
C1-LR 70%66.1%40%28.4%24235 6882.74 16019.335
R1-PRD 25%14.1%15%13.9%57063.6 7931.8404 8056.8404
Lot 17 Coverage Analysis for Conditional Use
Lot #Area (sq.ft.)Area (acres)
Building Area Existing
(sq.ft.)
Building Coverage
Existing (%)
Roads/Walks/Drives
Existing (sq.ft.)
Road Walks and Drives
Existing %
All Impervious Existing
Area (sq.ft.)
All Impervious Existing
%
Buidling Coverage
Proposed Sq. Ft.
Building Coverage
Proposed %
Roads and Walk
Coverage Proposed Sq.
Ft
Road and Walk Coverage
Proposed %
Total Coverage Proposed
Sq. Ft
Total Coverage
(%)
17 188312 4.32 0 0.0 0 0.0%0 0%0 0.0%23954 12.7%23954.00 12.72%
C1-LR Coverage Lot 17
Max Lot Coverage Provided Lot Coverage Max Building Coverage
Provided Building
Coverage
C1-LR 70%12.7%40%0.0%