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HomeMy WebLinkAboutSP-22-043 - Decision - 0255 Kennedy Drive#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% 3 Meets requirement PHASING The Board finds the applicant must obtain a zoning permit within 1 year with the option for a 1-year extension. The Board finds the scope of the project does not warrant additional time. 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. 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. #SP-22-043 (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 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] #SP-22-043 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. DECISION Motion by Dawn Philibert, seconded by John Stern, to approve Site Plan application #SP-22-043 of O’Brien Home Farm, LLC, subject to the following conditions: #SP-22-043 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 one year 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. 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 7 - 0 - 0. Signed this ____ day of October, 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.