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HomeMy WebLinkAboutSD-23-10 - Supplemental - 0255 Kennedy Drive (15) 180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com April 7, 2022 Andrew Gill O’Brien Brothers 1855 Williston Road South Burlington, VT 05407-2286 Re: Master Plan Approval #MP-22-01 Dear Mr. Gill: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on April 7, 2022 Please note the conditions of approval. If you have any questions, please contact me. Sincerely, Marla Keene Development Review Planner Encl. CERTIFIED MAIL- RETURN RECEIPT: 7018 0040 0000 1165 4762 #MP-22-01 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING O’BRIEN FARM ROAD, LLC – 255 KENNEDY DRIVE MASTER PLAN APPLICATION #MP-22-01 FINDINGS OF FACT AND DECISION Master Plan application #MP-22-01 of O’Brien Farm Road, LLC to amend a previously approved planned unit development to develop 39.76 acres with 458 dwelling units, plus allowable offset units, and 45,000 square feet of office space. The amendment consists of removing the 45,000 square feet of office space and adding up to 6,000 sf of limited neighborhood commercial space with allowances for minor additional or modified amounts of non-residential space, 255 Kennedy Drive. The Development Review Board held a public hearing on March 2, 2022. Evan Langfeldt, Andrew Gill represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant, Obrien Farm Road, LLC, is seeking to amend a previously approved planned unit development to develop 39.76 acres with 458 dwelling units, plus allowable offset units, and 45,000 square feet of office space. The amendment consists of removing the 45,000 square feet of office space and adding up to 6,000 sf of limited neighborhood commercial space with allowances for minor additional or modified amounts of non-residential space, 255 Kennedy Drive. 2. The owner of record of the subject property is O’Brien Farm Road, LLC & O’Brien Home Farm, LLC. 3. The application was received on February 3, 2022. 4. The subject property is located in the Residential 12, Commercial 1-LR, and Residential 1-PRD Zoning Districts. 5. The plans submitted consist of the following: Sheet Description Prepared By Last Revised Date Master Plan Krebs & Lansing Consulting Engineers 02/01/2022 6. The project originally obtained master plan approval #MP-16-03, as amended by #MP-17-01 and #MP-20-01. 7. Master plan approval #MP-16-03 included up to 458 dwelling units and 45,000 sf of office space on 39.16 acres. Approval #MP-20-01 amended that original Master Plan by adding 0.6 acres of land located in the C1-LR zoning district. 8. With the extension of the City’s Inclusionary Zoning requirements in 2019, applicants were afforded offset market-rate dwelling units where inclusionary units are required of new development. The Regulations state that no amendment to a Master Plan is required to access #MP-22-01 2 these offset market rate units. The preliminary plat for phase 2 establishes that the remaining space will be used for multifamily residential, and the office space has not come to fruition. For the sake of clarity, the Board finds that the Master Plan description must be updated at this time to reference the base dwelling unit allowance and change the commercial reference to reflect the approved non-residential space. 9. The applicant has previously been approved for a 39.16 acre master plan. The presently-approved Master Plan was approved under the prior regulations. This application for a Minor Amendment is the first under the Regulations that were warned by public hearing by the City Council on November 10, 2021 and were adopted on February 7, 2022. 10. The purpose of the applicant’s request is to allow limited neighborhood commercial as a use. LDR 14.11N allows limited neighborhood commercial to be approved only as part of a master plan with 50 units or more. LEVEL OF REVIEW 15.B.06E(1) Minor Amendment. An approved Master Plan may be amended concurrently with the application for preliminary or final subdivision or site plan review, without sketch plan review, if the proposed amendment represents a material change that does not deviate significantly from the Master Plan as approved, including the approved development plan and phasing schedule, and does not alter the overall buildout budget. This may include the reallocation of budgeted development parameters between development phases. The Board finds the proposed amendment, to modify allowed uses within the Master Plan, to qualify as a minor amendment. MASTER PLAN COMPONENTS 15.B.04A Submission Requirements. In addition to submission requirements under Appendix E, a Master Plan submitted for review under this Article must include each of the following listed components and information, to be presented in narrative, graphic, and tabular form, unless waived by the DRB as not applicable to a particular subdivision or development. A Master Plan includes several categories of submission requirements that are used in the application of standards of review. These include: B. Project Description. A map, narrative, and accompanying table(s) C. Context Report. A map and accompanying narrative that describe the area proposed for subdivision, development, or redevelopment, in relation to the existing and planned pattern and type of development in surrounding neighborhood, and to existing and planned City facilities, services, and infrastructure in the vicinity of the project D. Existing Conditions Report. A Site Conditions Map for the entire tract and accompanying narrative, that depict and describe existing [conditions]: #MP-22-01 3 E. Development Plan. One or more maps and an accompanying narrative that depict and describe the overall pattern, type, and density of development proposed for the entire project, and for each phase of development F. Summary Statistics. The following project statistics or metrics, presented in an easy to reference tabular format, must be provided for the entire tract or project area, and for each phase of development, unless waived by the DRB as not relevant or applicable to a particular project [see LDR 15.B.04F] G. Buildout Analysis and Budget. Based on the statistics provided under (F) above, the applicant must also provide an analysis for each of the following based on total forecasted demand at buildout, and as allocated for each phase of development, for use in determining the project’s total “Buildout Budget”: [See LDR 15.B.04G] H. Design Standards. The application must include proposed standards, specifications, illustrations, best management practices, or other forms of guidance for the following, consistent with City regulations in effect at the time of Master Plan approval, as applicable to all subsequent development under the Master Plan I. Phasing Plan. The application must include a narrative or table and map that clearly identify, describe and depict each phase of development, including properties included, designated development areas by use type, major streets, supporting infrastructure and facility improvements, civic spaces, and other public amenities to be provided prior to or in association with each phase; and a schedule for the timing and sequence of development over the period covered by the Master Plan, consistent with the City’s adopted Capital Improvement Program and Official Map. J. Management Plan. A narrative description of the proposed management structure responsible for project development, to include all principals or entities with direct control over and responsibility for the financing, permitting, construction, and completion of development under the Master Plan; and, following project completion, for long-term ownership, management, operation, and maintenance of capital and community assets. In this instance, given the nature of the amendment to add Limited Neighborhood Commercial as an allowed use within an existing Master Plan, the Board waives the above-referenced submission requirements pursuant to 15.B.04A. 15.B.05 REVIEW STANDARDS (A) Findings. For Master Plan approval, the DRB must find that: (1) The Master Plan includes all the components required under 15.B.04 above, in sufficient detail to provide the framework and standards for future development under the plan, unless specifically waived by the DRB as not applicable to the proposed subdivision or development; As noted above, the Board waives the supplemental submittal requirements of 15.B.04 as not applicable to the proposed development. (2) The overall type, pattern, and density of development, and allocation of land uses, are consistent with these Regulations and other City regulations in effect at the time of application, including relevant subdivision, zoning district or planned unit development standards; #MP-22-01 4 The Board finds the proposed amendment not to have an impact on the overall type, patterns, and density of development as approved. A limited neighborhood commercial use is limited in size and scale to being within one building and not exceeding 6,000 s.f. total. (3) The proposed Development Plan demonstrates the efficient, coordinated, and integrated development and use of land which: (a) Considers existing topography and physical site constraints; (b) Avoids or minimizes and mitigates the impacts of future development on environmental resources identified for protection, as enumerated in Article 12, and as incorporated into the overall design; (c) Defines an overall pattern of development, including proposed streets and blocks, that is consistent with the zoning district or proposed type of planned unit development; (d) Maintains street, pedestrian, and transit connectivity, and contiguous or accessible open space with the adjoining neighborhood, and within and between each phase of development; (e) Avoids, or minimizes and mitigates the adverse impacts of development on adjacent properties and uses, through the designation of transition areas or buffer areas along the project perimeter; and (f) Includes adequate standards specific to each type and phase of development, to include guidance for the functional and aesthetic integration of development with the surrounding neighborhood, and provisions for buffering or screening incompatible land uses. The Board finds the proposed amendment is consistent with the above-referenced standards. (4) The Buildout Budget sets reasonable development parameters for the entire project, and as allocated for each phase of development, for reference in subsequent regulatory reviews, as necessary to identify and limit the cumulative and overall impacts of project development on City infrastructure, facilities and services. The Board finds the proposed amendment not to have an impact on the buildout budget or allocation of development across phases. (5) Proposed design standards and related guidance are sufficiently detailed to prescribe and direct coordinated development, consistent with the Master Plan and regulations in effect at the time of master plan approval, for the duration of the plan. The Board finds this criterion to be met via the prior Master Plan and subsequent plat reviews. (5) The Phasing Plan and Schedule: (a) are consistent with the City’s adopted Capital Improvement Program; (b) ensure that all phases of development will occur in an orderly fashion; and that (c) infrastructure and facility improvements necessary to support each phase of development will be provided concurrently with such development, as may be further ensured through subsequent or separate regulatory review processes and development agreements. The Board finds the proposed amendment not to have an impact on the phasing plan or schedule. (6) The Management Plan: (a) defines a management structure for the duration of the Master Plan that supports long- term project viability through project buildout; #MP-22-01 5 (b) identifies those principals or entities responsible for securing necessary municipal permits and approvals for development under the Master Plan; and (c) clearly identifies proposed ownership and responsibilities for the long-term management, maintenance and operation of capital and community assets, including any proposed dedications of land, facilities and infrastructure to the City. The Board finds the proposed amendment not to have an impact on the management plan as non- residential uses were previously approved. MASTER PLAN APPROVAL, EFFECT, DURATION, AMENDMENT 15.B.06.B Subsequent Regulatory Review. In its approval of a Master Plan, the DRB shall specify the level of review and review processes required for subsequent applications filed under the Master Plan, provided such procedure is consistent with the intent of these Regulations and the following: (1) Sketch plan review is not required for any application for preliminary subdivision or site plan review that complies with the approved Master Plan, and associated conditions of approval. (2) The DRB may waive preliminary subdivision or site plan review for specified phases or portions of a project. (3) The DRB may in its decision specify allowed modifications or changes under the Master Plan which require only administrative review and approval by the Administrative Officer. MP-17-01 and prior amendments established levels of review for subsequent applications filed under the Master Plan. These remain in effect. The Board finds that future changes in use of 6,000 sf or less within the Master Plan shall require only site plan review and approval so long as in the opinion of the Administrative Officer the changes are in keeping with the Master Plan and thresholds identified therein are not exceeded. The Administrative Officer may refer such amendment to the DRB at their discretion. (C) Effect. Once a Master Plan has been approved, all subsequent land subdivision and development must conform to the Master Plan as approved. (1) The Development Review Board in issuing a decision shall make specific findings as to which components of the Master Plan are vested, based on the type, level, and detail of information provided in the Master Plan, and the amount of time the plan is intended to remain in effect. The Board may approve components or elements of the Master Plan as applicable to all subsequent applications; or determine those components or elements of the Master Plan that are vested, or not vested, for the duration of the plan. (2) Master Plan approval is binding upon the applicant, the owner(s), their agents, and successors in interest. (3) Once the Master Plan is approved, the applicant may apply for other permits and approvals referenced in the conditions of Master Plan approval, as required prior to the start of construction. (4) Unless the applicant fails to comply with the conditions of Master Plan approval and these Regulations, the Master Plan as approved shall not be modified, revoked, or otherwise impaired by any action of the City without the consent of the applicant. For purposes of subsequent regulatory reviews under the Master Plan, for the duration of the plan the regulations in effect at the time of Master Plan approval shall apply to vested elements under Subsection(C)(1). For vested elements, Regulations enacted following master plan approval shall apply only as necessary to address public #MP-22-01 6 health and safety or, at the request of the applicant, to incorporate types or forms of development allowed under more recently adopted regulations, in conjunction with an application to amend the Master Plan. The Master Plan Regulations in effect when MP-17-01 was reviewed and approved did not include a provision for vesting of regulations. Given the minor nature of this current amendment request, and the related waiver of submission requirements, no vesting is established with this application. (D) Duration. The duration of the Master Plan, as specified in the conditions of DRB approval, shall be determined by the DRB in consultation with the Planning Director and City Engineer. (1) The Master Plan should be approved for a specified period of time, not to exceed six (6) years, for which the impacts of proposed development can clearly be ascertained from the quality and detail of the information provided; which allows sufficient time for project planning, financing, permitting, and development, including required regulatory reviews; and which accommodates full project buildout in relation to the timing of planned infrastructure and facility improvements. (2) The Master Plan shall remain in effect as approved until the development allowed by the plan has been completed, the plan expires, or the plan is amended or superseded. (3) Applicant shall submit a complete preliminary or final subdivision or site plan application (as applicable) for at least one phase of the project within two (2) years of the date of Master Plan approval. Concurrent review with Master Plan shall be deemed to have satisfied this requirement. Failure to submit a complete application within two (2) years of the date of approval shall result in expiration of the Master Plan. (4) The duration of an approved Master Plan may be extended by the DRB for, for cause, if the request and reasons for the extension are submitted in writing prior to the Master Plan expiration date; however, in no event shall the duration of an approved Master Plan exceed ten (10) years in total, to include all authorized extensions or amendments. (5) An expired Master Plan may be extended, renewed, or amended only on submission as a new Master Plan, subject to full DRB review under 15.B.03 and the Land Development Regulations in effect at the time of application. (6) A complete application for a Master Plan may be submitted at any time subject to the rules in effect at the time of submission. (7) Pursuant to 24 V.S.A. 4463, any site plan or subdivision plat, and associated conditions of site plan, subdivision, or Planned Unit Development approval that are recorded in city land records under an approved Master Plan, shall remain in effect as recorded following Master Plan expiration. The Master Plan Regulations in effect when MP-17-01 was reviews and approved did not include a specific standard for duration of a Master Plan. However, preliminary plat #SD-20-16 for Phase II of this Master Plan does set specific timelines for subsequent approvals. Given the minor nature of this current amendment request, and the related waiver of submission requirements, the Board finds that no supplemental or changed durations of the Master Plan are established. #MP-22-01 7 DECISION Motion by Mark Behr, seconded by Dan Albrecht, to approve Master Plan #MP-22-01 of O’Brien Farm Road, 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 plans submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 3. The master plan is hereby amended in the following ways a. Up to 6,000 sf of limited neighborhood commercial use is permitted 4. Future changes in use of 6,000 sf or less within the Master Plan shall require only site plan review and approval so long as in the opinion of the Administrative Officer the changes are in keeping with the Master Plan and thresholds identified therein are not exceeded. The Administrative Officer may refer such amendment to the DRB at their discretion. 5. Any change to the approved plan will require approval by the South Burlington Development Review Board or the Administrative Officer as allowable in the Land Development Regulations. Dan Albrecht Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Frank Kochman Yea Nay Abstain Not Present James Langan Yea Nay Abstain Not Present Quin Mann Yea Nay Abstain Not Present Dawn Philibert Yea Nay Abstain Not Present Stephanie Wyman Yea Nay Abstain Not Present Motion carried by a vote of 5 - 0 - 0. Signed this ____ day of April 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 575 Dorset 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.