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HomeMy WebLinkAboutAgenda 08_O'Brien EastviewEastview at O’Brien Farm Final Plat, November 15, 2022 1 Land Development Regulations Article 2 –Definitions "Basement.A basement shall be considered as a story where the finished surface of the floor above the basement is: (1) More than four (4) feet above the average pre-construction level of the adjoining ground, or (2) More than twelve (12) feet above the pre-construction ground level at any point." •All our walkout levels meet the definition of a basement if pre-construction grade is determined as streetside elevation finished grade. "Height. The vertical distance of a building measured from the average preconstruction grade level at the base of the building to the highest point of the roof if the roof is flat or mansard, or to the average level between the eaves and the highest point of the roof if the roof is of any other type." •R1 District - Maximum Building Height: 28’ (pitched)compliant (see following exhibits) Stories Facing Street:2 compliant Stories Below Roofline:3 compliant Roofline Stories:4 compliant -no roofline stories Total Stories 4 compliant –we only have 3-story units "Grade, pre-construction.The elevation of the ground level in its natural state, before construction, filling, or excavation. This is also known as natural grade, and shall be defined as the grade existing on property on the date of an application under the South Burlington Land Development Regulations for any development approval (variance, conditional use approval, zoning permit, site plan approval),unless another grade has been established as the pre-construction grade pursuant to regulations for the Alteration of Existing Grade. Where land receives subdivision approval from the Development Review Board, the grade shown on the approved subdivision plat shall constitute the pre-construction grade, unless modified in accordance with regulations for the Alteration of Existing Grade. Within the City Center Form-Based Codes District, the grade of the adjacent approved street."2 Height at Eastview: Objective 3 •DRB has been reviewing this project for 3+ years in its current iteration and design (Submissions: Sketch Plan 2019, Preliminary Plat 2020, Final Plat 2021). •LDR's do not provide definitive approach to pre-construction grade determination on large projects of this nature, but instead give the DRB latitude to determine. •Applicant is proposing that DRB assign pre-construction grade at the finished grade of the streetside elevation of home. •This is a logical approach that acknowledges the variability of the site topography over the ~40-acre site and which is consistent with all of the effort and scrutiny that has gone into creating a strong street level presence over the last 3 years. •This is within the DRB's purview per the Land Development Regulations. 2-Story Plan Types Vary by 2-3’ Per Plan, From 22’- 25’ Maximum. 4 22.83’22.83’ 25’23’23.17’ All Plans are Less than 25' Tall.Preconstruction Grades Should Be Consistent and Allow Construction 2-Story Plan Types Vary by 2-3’ Per Plan, From 22’- 25’ Maximum. 5 All Plans are Less than 25' Tall.Preconstruction Grades Should Be Consistent and Allow Construction 22.67’22.25’25’ 25’22.67’23.16’ Setting Pre-Construction Grade 6 •With large projects existing grade can be significantly altered.Grade is moving east to west and north to south.A change of roadway elevation impacts available height. •The Regulations Allow the Board to set a pre-construction grade for evaluating height, to create predictability and consistency across a project.Both for the City and for the Project team.It is necessary to allow the Project to receive Zoning Permits. •There is no singular rule as to what grading is doing that can be applied in uniform to the site. That is why the LDRs give the DRB leeway as to where to assign the pre-construction grade. Existing 7 Setting Pre-Construction Grade •There are two logical locations to assign pre-construction grade.In both scenarios the height must be no more than 28'. 1.Take the two streetside elevation corners of the finished grade (where the ground upon completion of final grading meets the exposed foundation) and average the grade elevation to arrive at the pre-construction grade.Measure from that elevation to the average level between the eaves and the highest point of the roof. 2.Take the midway point of the streetside elevation from the finished grade and measure from that point to the average level between the eaves and the highest point of the roof. Final Hearing Clean Up Items: 8 •Finding of Fact 2: Owners of record are: “O’Brien Eastview, LLC, O’Brien Family Limited Liability Company, O’Brien Brothers, LLC, O’Brien Home Farm, LLC •Adequacy of Parking: Applicant suggests the decision insert: “prior to issuance of a permit to construct the dog park,” following the words, the “board finds the applicant shall modify the plans.” •Staff Comment 7: The C1-LR layout depends on four stories over podium parking. The Applicant has modeled all density, parking and commercial numbers shown at Exhibits on four stories over parking. •Top of Page 12: The telecom cabinet on Lot 42 is already moved in the plans and this sentence can be struck. Final Hearing Clean Up Items: 9 •Staff Comment 8: We will need to remove the wooded area noted to remain if it conflicts with access to the dog park. We can clarify this as a condition of approval when the zoning permit for the dog park is issued. •Staff Comment 9: We believe a condition can be added that states that limits of clearing will be added to relevant site plans for phases prior to issuance of zoning permits for those phases. •All Stormwater, Water Comments are OK. Applicant would again request that plan amendments be required prior to phases that include the items in question. Not necessarily all changes to all plans before any work can begin. •Staff Comment 10: The Fire Marshal has requested plan changes such as relocation of trees at intersections, mountable curbs, and increased turn radius. Applicant will make plan changes as condition of approval prior to phases where work is proposed. Road width will remain unchanged. Final Hearing Clean Up Items: 10 •Traffic Comment Exhibit 127 Page 26: We do not believe that the Eastview permit can require us to make a change to an existing roadway outside of our subdivision that is not owned or controlled by Applicant or the City. This is someone else's private property. We suggest that the City can add this when they adopt the roadway. •Curb Cuts, Page 27: We discussed at 10/6 hearing our concept plan for the C1-LR has two curb cuts on the east side of Old Farm Road. This language on curb cuts should be modified to allow the concept plan as presented and reviewed by the Board. •Earth Products Impacts and Durations Page 35: This section notes that blasting will be contiguous and will happen in winter of 2022 and 2023 for the planned borrow pit. Our start date has shifted so much due to permitting timelines, we are not confident blasting will happen in winter of 2023. It may happen in Summer. Also, Applicant may look to split the blasting of this area into two phases, which could be a year or more apart. In any event blasting in the borrow pit will run simultaneous with blasting for home foundations, so as not to create two separate impacts.