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HomeMy WebLinkAboutSD-23-10 - Supplemental - 0255 Kennedy Drive (23)Hillside At O’Brien Farm: Lot 13 and Lot 15 Multi-Family Development Plan December 15, 2021 O'Brien Brothers Final Plat Application Exhibit List 12/15/21 Description Date of Last Revision 1 Complete List of Exhibits Provided Digitally 12/15/2021 2 Narrative for Application 12/15/2021 3 Application Form For City Final Plat 12/7/2021 4 Application Form For City Conditional Use Lot 17 Parking 12/8/2021 5 Updated Traffic Study 8/30/2021 6 Updated Traffic Study Appendices 8/30/2021 7 Photometric Plans for Project Area 12/14/2021 8 Parking Lot Fixture Cut Sheet 12/7/2021 9 Building Mounted Exterior Light Fixture Cut Sheets 12/7/2021 10 Project Renderings and Illustrations 12/10/2021 11 Abutter List Updated Via 2020 Tax Information 9/24/2021 12 Coverage Chart with Lot Size and Areas 12/7/2021 13 Prelim Water Allocation 2/26/2020 14 Prelim Sewer Allocation 11/10/2021 15 Landscape Island Calculations for Parking Area 12/7/2021 16 Project Landscape Plans 12/7/2021 17 Project Landscape Budget At Grade Plantings 12/7/2021 18 Project Landscape Estimate On Structure Planting 12/7/2021 19 Project Architecture Plans 11/23/2021 20 Project Complete Civil Plans 12/1/2021 21 Stormwater Calculations 9/24/2021 22 Issued Preliminary Plat Permit 11/12/2020 23 City Master Plan Application for Amendment to Allow Neighborhood Commercial Use 12/9/2021 VIA ELECTRONIC MAIL December 15, 2021 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: Final Plat Review: Hillside at O’Brien Farm Lot 13 and Lot 15 of Phase I Master Plan; Conditional Use Review; Existing Lot 17 Dear Board Members: This Final Plat application is for the next phase of a previously approved master plan for up to 458 dwelling units and up to 45,000 square feet of office space. This phase consists of two (2) four story multi-family residential buildings with a total of 251 dwelling units. This application is submitted in accordance with Preliminary Plat SD-20-16, as amended by SD-21-13 (the Preliminary Plat). The Preliminary Plat allows for the submission of this application in phases over a period of six years. The first phase of this of this final plat was previously submitted in October 2021, for the construction of 94 dwelling units including up to 79 units affordable to those earning under 80% of area median income. That application also included full details regarding roadway, bike and pedestrian improvements (the “Inclusionary Phase” herein), as required for the first submission of the Preliminary Plat by the Preliminary Plat permit. Further to the above, enclosed for review please find information regarding the proposed development of 251 market rate residential dwelling units located in two buildings proposed on Lot 13 and Lot 15 of the Hillside Master Plan, as well as associated site improvements, parking and landscaping; please also find enclosed the conditional use application for parking to serve these dwellings located in the C1-LR zoning district on Lot 17 of the O’Brien Home Farm LLC lands, adjacent to Kimball Avenue, Kennedy Drive and Old Farm Road; lastly, included for your review is a Master Plan amendment to allow for limited neighborhood commercial use in Lot 13 (collectively herein “the Project”). The below application narrative is structured in parallel with the Preliminary Plat to facilitate ease of review for the Board and staff. All items referenced are provided in digital format with this application. An exhibit table of contents is also included. The plan sheets are provided as individual exhibits as requested. The Applicant for this project is O’Brien Farm Road, LLC. Section 1: Zoning District and Dimensional Requirements: 1. Project Density: As outlined above, the Master Plan approval has secured overall density for the Project of 458 dwelling units. Subsequent to this approval final plat approval was issued for 115 dwelling units at Hillside, leaving 343 dwelling units remaining for the six lots at in the northern 2 portion of the Master Plan. Subsequent to that final plat an inclusionary zoning requirement was created and applied to the project. As part of the development of the 343 dwelling units on the six remaining lots, 51 inclusionary dwelling units were required, and 51 additional residential density units were given to the overall master plan. This has resulted in an overall master plan density of 394 dwelling units. The Inclusionary Phase, previously filed, has proposed to build an additional 28 inclusionary dwelling units beyond the requirement of 51. These additional inclusionary dwellings are also subject to the same density bonus, therefore increasing the overall Master Plan density to be 422 multi-family dwellings. The Inclusionary Phase has proposed 94 dwellings. The Project proposes 251 dwellings. The remaining density for the Master Plan is 77 dwellings, less any adjustment to conform to the final number of inclusionary units constructed. However, in any event, sufficient density exists in the Master Plan for the Project being proposed. 2. Lot Size: The lots in the Project have not changed since the Preliminary Plat. The minimum lot size of .9 acres is above the requisite minimum size. All lots are compliant with the zoning regulations and are shown on the Project plat plans provided. 3. Lot Coverage: Lot coverage standards are met as outlined in the lot coverage chart provided with this application as an Exhibit. All relevant details can be viewed in the detailed spreadsheet. As outlined in the Preliminary Plat permit, coverages for the involved zoning districts cannot be exceeded. The Project does not exceed any allowed coverage. The below table mirrors the finding in the Preliminary Plat and includes the coverage proposed in the Inclusionary Phase as well as the coverage now proposed in the Project. District Max Lot Coverage Provided Lot Coverage Max Building Coverage Provided Building Coverage R12 60% 36.6% 40% 12.5% C1-LR 70% 66.1% 40% 28.4% R1-PRD 25% 13.9% 15% 13.9% 4. Setbacks: Minimum setbacks for the two proposed buildings on Lot 13 and Lot 15 are 5.6’. The minimum setback location is on Building 13 adjacent to the front entrance. This setback is shown on the Project Plans. This is slightly less than the originally approved setback and so we would request the waiver be altered accordingly. 5. Height: The Preliminary Plat permit granted a height waiver of 58 feet on Lot 13 and 57 feet on Lot 15. The intention being to allow for the construction of four stories over a podium. The Project proposes two four story buildings over a parking podium, in line with what was submitted at Preliminary Plat. The height of the buildings complies with the 58’ and 57’ requirements. Please see the below table for height calculations. 3 Average Pre- Construction Grade Grade At Parapet Peak Height Preliminary Plat Height Waiver Lot 13 355.7 414 58.3 58 Lot 15 346.9 404 57.1 57 Section 2: Inclusionary Zoning Requirements: As outlined in the Land Development Regulations and the Preliminary Plat, the land involved in the Project has various permits in place that allow for the construction of an additional 343 multi-family rental dwelling units. The Land Development Regulations require at Section 18.01 that 15% of those units be affordable at 80% of Area Median Income (AMI). These 15% of units are called “Inclusionary Units,” in the Land Development Regulations. Therefore, the required number of inclusionary dwellings for the overall Master Plan is 51. The Inclusionary Phase has proposed up to 79 perpetually affordable units, of which at least 51 will be considered “inclusionary” as defined in the ordinance. Given this, the current project requires no additional inclusionary units than those already proposed in the Inclusionary Phase. The inclusionary units proposed meet the requirements of Section 18 as outlined in the separate application for that portion of the development. Relevant criteria for review of the Project are discussed below as appropriate. 1. Constructed on site: See Inclusionary Phase. 2. Integrated into Development: See Inclusionary Phase 3. Construction Materials: 4 The Project proposes to use brick, glazing and cementitious siding. The Inclusionary Phase proposed structures made of brick, glazing and cementitious siding. The Project clearly is constructed of the same exterior materials as the Inclusionary Phase. Importantly, the Inclusionary Phase (which consists of two buildings) also includes a large number of market rate apartments. Those market rate apartments that are located in the same building as the inclusionary required apartments are identical in form, size, and architectural qualities. They are indistinguishable. The Project now proposed consists of only market rate apartments as the inclusionary requirement as authorized in our preliminary plat, has been allowed to be in only one building (though is currently proposed in two buildings, with a greater diversification of market and inclusionary housing than previously authorized, and well in excess of the number of inclusionary units required by the regulations). While Section 18.01(C)(2)(b)(1) states “constructed with the same exterior materials and architectural design details quality of those market rate units in the development,” it cannot be the case that this section is meant to create a singular architectural design that must be carried to every structure in a development. The intent of the ordinance is clearly to ensure that quality of construction is commensurate, that designs are well thought out, and that the inclusionary housing is not distinguishable due to lack of design, or poor-quality materials. We believe that the Project captures this intent, and that the Project and the Inclusionary Phase work well together and help create an authentic feeling neighborhood, knit together with consistent and well- designed landscaping, roadways, green space, and common elements that are also proposed. All projects in South Burlington are required to be built to the applicable CBES or RBES building code. This Project is proposed to meet applicable efficiency codes as is the Inclusionary Phase. Applicable code details will be provided with the Zoning Permit application and Construction Permit applications for the Project and required certificates will be issued. 4. Size of Dwelling Units: This criterion does not apply to the market rate dwelling units. It was reviewed within the Inclusionary Phase. 5 5. Unit Types: The Project proposes multi-family inclusionary dwellings as required for construction of multi-family market rate dwellings in similar buildings of similar materials. We believe this criterion is met. 6. Mean Number of Bedrooms: The Inclusionary Phase is proposing the construction of 15 market rate dwellings and a total of 16 market rate bedrooms or 1.067 bedrooms per unit. The Inclusionary Phase is proposing the construction of 79 perpetually affordable dwellings (of which only 51 are required) with a total of 1.08 bedrooms per unit. The Project is proposing the following unit types: Unit Type # Of Units Studio (JR-1 Plan, 646 Square Feet) 31 1 BR 167 2 BR 53 Total Units 251 This is a total of 273 bedrooms out of 251 units, or a ratio of 1.087 bedrooms per unit. When combined with the market rate units in the inclusionary phase, the total market rate units are 266 and the total bedrooms are 289. This is a ratio of 1.086 bedrooms per unit. Given this, we believe that the Project complies with the requirements of this provision. 7. Construction Timing for Inclusionary Units: 6 Further to the Preliminary Plat, the Board found that we must obtain a zoning permit for the building containing the inclusionary units “no later than the fourth principal building.” Currently, we expect that the Inclusionary Phase will be the first two zoning permits issued. However, we are not sure whether the Project or the Inclusionary Phase will achieve full zoning approval and financing approval first. Given that both projects are progressing on parallel tracks, and that the Board explicitly contemplated the ability of the Project to proceed prior to ANY inclusionary dwellings at Preliminary Plat we believe that the Project is in compliance with the conditions related to this criterion. Section 3: Planned Unit Development Review Criteria 1. Water and Wastewater: The Preliminary Plat included several items for us to address under this section. The enclosed project plans have addressed each item enumerated by the South Burlington Water Department. Those changes are shown in the project plans. We look forward to the review of the water department. Water and wastewater preliminary allocations are attached as exhibits as required. 2. Erosion Prevention and Sediment Control: Erosion prevention and sediment control plans are included in the project plans folder for review and comment. We look forward to discussing these plans with the Board. 3. Traffic Management: 7 As requested in the Preliminary Plat, the applicant updated the Traffic Study for this project at the Inclusionary Phase. Those updates include: a. Updated PM Peak Hour trip generation estimates for the proposed buildings. b. Updated intersection capacity analyses (to verify future levels of service and the proposed intersection configuration). Provided for only the Kimball Avenue intersection in question for design. c. Updated signal warrant analyses. The street network and traffic improvements for the roads and intersections adjacent to the Project are reviewed and approved in the Inclusionary Phase. Given this, no discussion of those improvements is provided here. The Traffic Study is attached to this application as an exhibit for reference. Further to Table 6 of the traffic study, the installation of the planned traffic signal at Kennedy Drive is warranted at the development of 345 dwelling units. This Project, in combination with the Inclusionary Phase, proposes to cross that threshold. Therefore, the Project will install the new traffic signal and pedestrian crossing infrastructure on Kennedy Drive as reviewed and approved in the Inclusionary Phase application. The applicant believes that all other conclusions of the traffic study remain valid, and that with the installation of the traffic signal defined and specified in the Inclusionary Phase, the Project will comply with this criterion. 4. Wetland Impacts: As outlined in the Preliminary Plat, “wetland impacts were approved as part of the master plan.” No changes are proposed to the wetland impacts previously approved. 5. Visual Compatibility with Planned Development Patterns: This criterion was discussed extensively at Preliminary Plat and a finding by the Board stated “The Board preliminarily finds the project consistent with the planned development patterns specified in the Comprehensive Plan and in the purpose of the R-12 zoning district.” The proposal now before the board at final plat is consistent in design and quality with those previously shown. The overall look and feel of the buildings are in keeping with what has been discussed in this 8 location throughout the permitting process for the Master Plan and the previous plat hearings. We believe this criterion is met. 6. Open Space Areas: As noted in the preliminary plat a robust discussion on open space has occurred with the Board for this project. This productive discussion resulted in the submission of landscape concept sketches at Preliminary Plat. Those concept sketches were well received by the Board and have provided the foundation for the proposals in the Project. Specifically, the concept sketches shown for Lot 13 and Lot 15 are as follows: Lot 13 Concept Sketch: 9 Lot 15 Concept Sketch 10 As you can see, the Project proposals closely mirror the concept sketches proposed at Preliminary Plat. The amenity areas are located in the same spot on each lot and are providing similar features. During the design process for the Project, some items have been altered, but the intent has remained largely the same. Specific deviations from the concepts provided include, the reduced size of the amenity located between Kennedy Drive and Lot 15 on the front of the building. This multi-level deck presented challenges for accessibility; it was also being built over a stormwater area. Lastly, it was precluding the use of a door from the parking garage area that now connects to the sidewalk and heads directly to Kennedy Drive at a bike locker location. In lieu of this larger raised seating deck, we have included a stone dust sitting area and picnic tables, providing a similar amenity in a smaller footprint that works better with the site. Accessibility here is provided via the access to the parking garage and also around the building via the walkway shown on the project plans, which was also included on the concept sketch above. We also changed the proposed boardwalk on the front of Lot 15 to be a larger and more substantial concrete landing with a railing/baluster along the side, transitioning to a walkway that runs along the face of the building at grade. In reviewing the final grading there was no need for a suspended boardwalk, as the grade was better than we had initially anticipated and did not drop off so quickly into the stormwater pond. Renderings provided show this landing. The landing and path closely mimic the concept sketches. 11 Other areas remain substantially unchanged from the preliminary submission including the food truck parking area where we have dedicated a substantial portion of the landscaping requirement to creating a special feature that will help build community by bringing residents and the broader public together in this gathering location. 7. Fire Chief Review: This criterion was not reviewed at Preliminary Plat. Our team has worked to present a plan that meets the criteria of the South Burlington Fire Department and have worked closely with the fire department in reviewing the proposed buildings for all life safety code requirements. We look forward to their review and feedback. 8. Project Rec Paths, Roads, Stormwater, Utility Lines and Lighting: Roads, recreation paths and sidewalks have all been reviewed in the Inclusionary Phase. Stormwater is discussed at item 11 below. With regard to site lighting, photometric plans showing lighting proposed are provided in the packet. The proposed light type/fixture for the parking area is provided in the exhibit folder for review. All parking area lights are proposed to be mounted on 13’ poles. All building mounted lights are downcast fixtures that comply with the requirements of the regulations. The Project is not proposing extensive site lighting, but is focusing exterior lighting on key areas and intersections in an effort to minimize light pollution to the area. 9. Project Roads and Infrastructure: The overall project roadways, paths and sidewalks have been reviewed and confirmed in separate proceedings. The applicant believes that these criteria are satisfied. 10. Comprehensive Plan Goals and Objectives: 12 At a preliminary level the Board found that the Project meets the goals of the Comprehensive Plan. Given that the Project now proposes more affordable housing than previously discussed, an important goal of the city, and that the other Project components are in line with previous applications and representations, we believe this criterion is satisfied and so it is not discussed in detail in this application. 11. Stormwater and Construction Disturbance: We have addressed comments related to stormwater from our Preliminary Plat proceedings in the attached updated plans. We look forward to a follow up review of the updated drawings. Section 4 Site Plan Review Requirements: 1. Parking Layout: As discussed in the Preliminary Plat, the required parking spaces are .75/dwelling unit for studios and one-bedroom apartments and 1.5 spaces per dwelling unit for two bedroom and above. There are also .75 spaces required for every four units for guest parking. Given these requirements the total parking required and provided is outlined in the below chart. Total in Project Spaces Required Total Spaces Studio 31 0.75 23 One Bedroom 167 0.75 125 Two Bedroom 53 1.5 80 Guest Parking 251 (Total Units *.75).25 47 Total Parking Required 275 Total Provided (Excludes On Street) 305 13 It should be noted that some of the parking spaces provided are less than full size, some are handicap accessible and some are electric charger equipped. The specifics of these spaces are called out on the architectural plans. The dimensions of compact spaces are provided in the architectural plans. A summary of spaces per building follows: Building Lot 13: Building Lot 15: Lastly, in the Preliminary Plat decision, it was explicitly noted that on Lot 15 there were two spaces that were located to the front of the building on Two Brothers Drive, which the board requested be removed. Those spaces have been removed. 2. Building Height: Building heights are in line with the waivers requested and granted at Preliminary Plat as outlined above. No further discussion is provided as we believe this criterion was discussed and is met. 14 3. Common Materials and Architecture: At the Preliminary Plat the Applicant had proposed six buildings of similar architectural style. Subsequently, the Applicant received Board approval for a phased filing of final plat, in part to allow for each building to develop more fully and be submitted over time (not all at once in one format). In line with this permit amendment, the current Project presents only two of six buildings. An additional two buildings (a total of four buildings) were proposed in the Inclusionary Phase and are being reviewed by the Board. The Applicant believes that the buildings proposed are complimentary and cohesive, using a combination of common materials (cement clapboard, brick, glass, cement panels), color, and common landscape elements to communicate unity in form and to develop a sense of place distinct to the project but complimentary to the surroundings. We are excited about the architecture proposed in both this Project and the Inclusionary Phase and we have provided a number of digital renderings to help communicate the look and feel of the Project. 4. Harmony of Structures and Terrain: Feedback from Preliminary Plat on this criterion had two main components. Overall comments applicable to all lots, and specific feedback applicable to Lot 13 and Lot 15. Each is addressed below. a. At preliminary plat, the Applicant and the Board discussed at length the components of an activated streetscape and the elements the Project proposed to use to create an engaging street presence. Those elements are listed in the plat decision and replicated here: 15 As shown in the Project plans the Applicant has endeavored to incorporate all of these suggestions. While the exact characteristics are not the same as Preliminary Plat, the main elements are included and are outlined in the project plans. Each element is discussed briefly below: i. Entry Towers: As shown in the renderings and architectural exhibits the glass entry towers and architectural form at the building main entries have been included in this submission. While previously we had envisioned these towers being stairwells, the further design of the buildings has precluded stair locations in most of these areas. The reason for this varies depending on the particular building. On Lot 13, the applicant has elected to include a café at the first-floor plaza corner entrance and a work from home space in a cantilevered second level volume area at that corner. This café is best suited to wrap and animate the corner, which means that a staircase cannot be located there. It is also the case that in making the most efficient use of the buildings and unit footprints, the corner stair tower simply did not allow for the building design to be as well balanced as currently proposed. The stair tower is now included in the lower portion of Lot 13, still adjacent to Two Brothers drive, but not at the four corners. However, the glass tower aesthetic remains. On Lot 15, the corner stair tower near Kennedy Drive needed to move inboard in order to facilitate code requirements for the distance from unit entry doors to stairway egress. The architectural form of the tower is still proposed, though the windows are into dwellings and not a stair tower. In addition to code challenges, the stairway location simply did not provide for the efficient use of interior space. The applicant has been able to reconfigure interior spaces to develop a much nicer central community element at the building knuckle. This consists of a spacious work from home area, a hearth room and TV room, a gym area unique to building 15, and a shared kitchen space. In relocating the stairways, the Applicant has achieved much greater success in other areas of concern outlined by the Board at Preliminary Plat. For instance, the Board will note a significant increase in interior common space, another element outlined in the decision, also the public café which ads a significant element to the Project and streetscape. We believe that the architectural form previously represented is largely intact with a glass tower element at the prominent corners, and that the moving of the staircase to a different location does not change the character of the buildings proposed in a negative way. Further, the change in location intentionally created space for a café, which it must be acknowledged will have a great benefit on the streetscape and street presence for the Project. ii. Decorative Slat Ventilation: The Applicant has determined that the most efficient path of construction for these buildings is to seal and temper the parking garage area. This means that no openings to the parking garage are proposed, other than the doors and required vent fans. Given this, concerns with the proposed openings, light pollution or glare raised by the Board are largely moot. The Applicant is nevertheless providing for metal screens mounted over the brick in the area of the parking garage to provide color and texture to the parking garage elevation, in compliance with this decision. The applicant is also proposing to alternate metal screens with squares where the brick will be laid perpendicular to the wall areas or in a pattern that will create some visual interest to the elevation. 16 iii. Landscape architectural elements: We believe that the landscape proposed is in keeping with the representations made at preliminary plat. We are very excited about the landscaping and site amenities proposed, including the food truck hub, outdoor plazas, benches, planter boxes and other elements that are integral to the overall design shown in the renderings provided and on the landscape plans. iv. Interior Common Spaces: The updated Project plans have increased the size of common interior amenity spaces. Those spaces are outlined in the project architectural plans. Important to this design is the Two-Brothers side of Lot 13, which includes glass storefront, offices, a pet wash and a community café. Lot 15 now includes storage areas, a shared kitchen for family-style events, a fireplace lounge and a game room, in addition to lobby areas and a workout space. Working through the building designs, we were able to redo the floor plans to enhance these spaces. v. Walkways and Suspended Decks on Kennedy Drive: As discussed above, the Kennedy Drive amenity does still include a large entrance plaza with a decorative baluster and walkways and pedestrian connections. The multi-level deck that was proposed has been removed from the project. This has been done to facilitate the construction of a full egress door from the parking garage level toward Kennedy Drive (the deck shown would have blocked the doorway). That doorway is contiguous with a bike locker location allowing easy access for bikers to enter and exit the building. The multi-level deck also posed access limitations and constructability issues ensuring ADA accessibility from level to level, which created usability issues. Lastly, the grading in the area allows for an at grade amenity that is now included, is similar in function, and is accessible and works with the garage level access. Supplemental landscaping is provided here to enhance those features, and we believe that the design intent is largely achieved in this alternate scenario. b. Lot 13 Feedback: The Board specifically found that the Applicant should work to provide visual and functional interest along the southwest elevation of the building. The applicant has reconfigured the building common spaces and units to achieve this. Specifically, the applicant is now providing a significant amount of storefront glazing looking into common areas along this façade including the pet washing area. Also included are two decorative green screens (again mounted over brick and not actual physical openings. In addition, a café terrace and seating area with tables and chairs is added, as well as a café area with two story volume and a co-working space located in the lofted area. As requested, a detailed plan for the roof deck on Lot 13 is provided and the pool area is removed. c. Lot 15 Feedback: Feedback in the preliminary plat regarding Lot 15 largely mirrors the plans currently presented. Key elements described in the Preliminary Plat remain, with the revisions to the boardwalk and proposed deck feature already discussed. Renderings are included in this packet to further demonstrate that the project has achieved the street presence requested from Kennedy Drive. With regard to light pollution from the parking garage, no openings are proposed and therefore no light pollution will result from the Project. 5. Access to Abutting Properties: 17 Access to abutting properties is solidified within the Master Plan and PUD. No additional access is required on Lot 13 and Lot 15. Per the Preliminary Plat decision, the Board did indicate that a portion of the parking proposed on the adjacent lot would be reviewed separately. That conditional use application is attached to this filing for simultaneous review. 6. Utility Location: All utilities are proposed underground. All utility boxes and locations are shown on the Project plans. 7. Disposal of Waste: The Preliminary Plat had proposed an accessory structure to enclose project dumpsters for Lot 13 and Lot 15. In refining the project plans and working with the local trash haulers to identify potential waste loads and required waste facilities and pick up frequencies, we have determined that a trash compactor is not needed, and that standard dumpsters can service the property. Given this, the accessory structure has been removed and replaced with a trash enclosure. The trash enclosure includes access gates for the trash hauler, as well as a pedestrian gate for building residents. That pedestrian gate is located immediately adjacent to a sidewalk that has direct sidewalk connections back to doors on Lot 13 and Lot 15. The trash enclosure also includes two parallel parking spaces, such that residents can take the elevator to the parking garage, place their trash in the trunk, and drive past the enclosure to drop their trash on the way out of the building or off to work. We believe this access and enclosure is in keeping with the preliminary plat and the requirements of the zoning regulations. 8. Landscaping and Screening: a. Landscape Budget Requirements Lot 10 and Lot 11: The landscape budget requirements for the two lots proposed for development are summarized in the table below. 18 Project Estimated Cost 47,825,950 Landscape Budget Required Percent of Cost First $250,000 3% $7,500 Second $250,000 2% $5,000 Additional 1% $473,260 Total Landscape Budget $485,760 A proposed landscape budget for the site and the rooftop plantings is provided as an exhibit to this application. As shown on the budget proposed, the total value of the landscape plantings and special features proposed for the site is $398,478. Additionally, the Applicant is proposing $26,165.00 of plantings on the elevated courtyard. This is a total proposed landscape value for the site itself of $424,643. In the Inclusionary Phase, the applicant submitted a landscape budget dated September 9, 2021. This budget included the landscape elements that were added to the streetscape to enhance the look and feel of the development and to provide for an urban design and purposeful sense of place in the project in accordance with directives of the Board at Preliminary Plat. That budget included $107,503 dollars for brick crosswalks, granite curbing and special paving and colored concrete elements designed to tie the road network and public infrastructure and site landscaping together. It also included $8,515 for a stone wall at the project entrance. Lastly, that proposal included the use of silva cells and tree grates in certain urban locations, to ensure that trees would grow in a robust manner. None of these elements were required by the regulations but were determined by the Applicant to be the most beneficial to the Project, residents and the broader community. The total cost of these elements is $180,418. The Applicant would propose that the landscaping provided on site, in combination with the landscape provided in the streetscape, represents a total value of $605,000. This is approximately $119,000 above the required minimum. Applicant would request that the remaining $119,301 above the minimum remain allocable to any future proposals on Lot 12 and Lot 14, but that a portion of the streetscape budget be used to cover the shortfall between the site plantings and the required minimum for Lot 13 and Lot 15. Of course, Applicant is happy to consider additional plantings on site before this allocation is made, however we are not able to locate reasonable opportunities to increase site plantings by $60,000. The regulation bases landscape value on cost of construction. When buildings increase cost on small lots by constructing vertically, this equation becomes unbalanced. We do not feel that the site needs additional landscaping, and therefore are hopeful a portion of the streetscape may cover the shortfall. We look forward to the Board’s review and approval of this request. The below chart summarizes the numbers included herein. 19 Estimate Information Item Description Item Value Estimate 09 23 21 Common Infrastructure for Subdivision (Inclusionary Phase) Special Paving, stone, bricks and steps $ 107,503.00 Estimate 09 23 21 Dry Laid Stone Entry Wall for Subdivision (Inclusionary Phase) $ 8,515.00 Estimate 09 23 21 Silva Cells and Iron Tree Grates (Inclusionary Phase) $ 64,400.00 Lot 13 Amenity Deck Planting Cost $ 26,165.00 Lot 13 and Lot 15 Special Paving, Colored Paving, Brick Paving $ 107,344.00 Lot 13 and Lot 15 At Grade Site Furnishings $ 39,544.00 Lot 13 and Lot 15 Site Plantings $ 251,590.00 Total $ 605,061.00 Required $ 485,760.00 Remaining Excess Landscape for Future Application if Approved at that time by DRB $ 119,301.00 b. Landscaping at Off-Street Parking Areas: We believe that this criterion is met, as demonstrated on the landscape plans submitted. c. Parking area Islands: 20 The Applicant has analyzed this requirement and provided a summary exhibit demonstrating compliance for the proposed parking area. d. Landscape Requirements: The Applicant has worked with its landscape architect to provide landscape plans that we believe are compliant with these criteria. We look forward to the Board’s review. e. Planting Islands: 21 The Applicant has worked with its landscape architect to provide landscape plans that we believe are compliant with these criteria. We look forward to the Board’s review. f. Snow Storage: The Applicant has designated snow storage areas on the project plans for review by the Board. g. Required Landscape and Infrastructure Surety: The Project does not include any public infrastructure and therefore no infrastructure bonding will be required. The Project will require landscape surety. The Applicant will issue a surety compliant with City requirements prior to issuance of a zoning permit. 9. Project Lighting: 22 The Project is proposing 13’ tall pole mounted lights in the parking area. The Applicant has provided limited numbers of pole lights only in key locations to minimize light pollution but to ensure safety and visibility for residents where needed. The Applicant is also proposing exterior lighting mounted to the buildings themselves. All exterior lighting proposed is compliant with Appendix D of the Land Development Regulations. Cut sheets for exterior building mounted fixtures, light poles and pole mounted fixtures are included in the Project exhibits. 10. Bike Parking: a. Short Term: The regulations require one short term space for every ten residential dwelling units. This equates to twenty-five spaces on Lot 13 and Lot 15. Compliant U style short term bike parking spaces are provided and shown on the Project landscape plans. Details on the installation and type of parking rack are provided in the landscape drawing details. b. Long Term Bike Parking: The regulations require one long term bike parking space per unit. The Project is proposing to meet this requirement through bike storage facilities in the building (Lot 13) 23 and in the parking garage level (Lot 13 and Lot 15). The architectural plans show the individual bike parking spaces and locations. We are proposing a total of 136 indoor bike spaces in Building 15 and 117 bike parking spaces in Building 13, for a total of 253 indoor bike parking spaces. We believe the requirements of this criterion are met. Section 5: Limited Neighborhood Commercial Use As mentioned above, the Project is proposing a small community café, and grab-and-go style food hub as an amenity to the Project. The location proposed is on the corner of Lot 13, at the four- corners intersection. The amenity will activate the street, provide a service for the community and further the sense of place the project and streetscape are creating. Café tables and an outdoor terrace are proposed and shown on the landscape plans. This use is authorized under Section 13.28 of the Regulations in effect at the time of our Preliminary Plat filing. However, the permissibility of this use requires a Master Plan Amendment, per Section 13.28A of the applicable regulation. Because that Master Plan Amendment is being filed with this Final Plat application for the first time, that Amendment may be subject to the regulations now in effect as recently warned by the City Council. Those regulations have moved this use to Chapter 14, section 14.11(N). Each element of that Section in the newly applicable regulation is reviewed below. If necessary the Applicant can also provide a review under the regulations in effect for this Final Plat. We are awaiting further instruction from City staff in this regard. 1. Section 14.11N(1): This use is permitted in the R12 district as outlined at Exhibit C. This use is located in a Master Plan consisting of 50 dwelling units or more. A Master Plan amendment application is enclosed as an exhibit. We believe this amendment can be processed simultaneous with this Final Plat. 2. Section 14.11(N)(2): We believe that the site plan presented for approval satisfies all of these considerations, but we are happy to review any proposed changes with the Board at our hearing. 24 3. Section 14.11(N)(3): This use is directly adjacent to a multi-use path and a sidewalk. This use is located such that traffic has direct access to a newly installed signal on Kennedy Drive. The hours of operation noted are agreeable and can be a condition of the permit. As noted above the size of the use must be less than 6000 square feet. The community café proposed is substantially less than 6000 square feet. The specific use proposed is a combination of restaurant and retail sale of groceries, as required. No drive through is proposed. Per our review, the nearest restaurant and small grocery to the project are over ½ mile from this location. As outlined above we believe that the proposed limited commercial use meets the requirements for the applicable regulations under which the Master Plan amendment will be reviewed and therefore can be allowed by the Board in this Final Plat application. 25 Section 6: Conditional Use Review Included in this application packet is a complete application for Conditional Use Review. This application pertains to the parking area located on Lot 17 of the lands controlled by O’Brien Brothers adjacent to Old Farm Road, Kimball Avenue and Kennedy Drive. The Lot 17 lands are currently part of the Eastview Planned Unit Development, which has received Preliminary Plat approval from the Board. These lands are used in this project to facilitate the construction of parking associated with Lot 13 and Lot 15 of the Hillside Master Plan. As discussed extensively at Preliminary Plat, the Master Plan area was designed to accommodate 458 dwelling units. Subsequent to that Master Plan issuing, the Inclusionary Ordinance was passed, providing for additional density in exchange for the required inclusionary housing. While we have been able to site the buildings required to construct the full density of the Project (including the inclusionary housing and the bonus market rate units), this has necessitated the use of some additional adjacent land to facilitate surface parking. The land involved in that additional parking remains the same as the land involved at Preliminary Plat. The Applicant has proposed this parking as a conditional use, commercial parking facility, which is allowed in the C1-LR zoning district where it is located. The reason that this land is not simply incorporated into Lot 13, is simply to allow for the underlying density of the land to remain available to the Eastview Project planned unit development. We believe (and plans provided to the Board at Preliminary Plat for Eastview demonstrate), that the density of these parking lands and other remaining lands can be accommodated in future phases, along with the parking now proposed. We appreciate the flexibility of the Board in directing this approach which has enabled us to both meet the inclusionary requirement and to truly realize the offset density provided, which would not be possible if the underlying density was unable to be constructed. Review criterion for the Conditional Use mirror those of the Site Plan and PUD sections of the LDR. The Applicant has therefore not addressed those criteria again in this section. The Applicant believes that if the Board approves the Project, it can also approve the Conditional Use for necessary parking associated with the Project. We appreciate the Board’s review of our Project and look forward to discussing the details with you in person in the near term. Thank you. Sincerely, Andrew Gill, Director of Development