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
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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
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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]:
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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;
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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;
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(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
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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.
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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.