HomeMy WebLinkAboutSD-23-10 - Supplemental - 0255 Kennedy Drive (37)
VIA ELECTRONIC MAIL
June 7, 2022
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
Dear Board Members:
At our Public Hearing on May 4, 2022, we discussed the Project proposed, as well as the Planning &
Zoning staff’s enumerated comments 1-15 in the Staff Report, dated May 4, 2022, the “Staff Report.” In the
discussion of those items, several requests for additional information were made by the Board. This letter
provides those requested items. We look forward to your review of these additional materials and to
completing the discussion of this Project. The responses below correspond to the numbered comments in the
Staff Report. Please also note that one additional new item is discussed immediately below for consideration by
the Board.
In reviewing and preparing for our final permit hearing, the Applicant realized that we have not
discussed with the Board the timing of the planned construction for this development or how the issuance of
this final plat may impact previously approved phasing.
In Permit SD-21-13, the Applicant requested a phased Final Plat review for the Project site. That phasing
plan approved by the Board allowed for an initial phase, which could be only one lot, and then for a period of
four years from the date of the permit amendment (May, 2021) to file final plat for a subsequent phase. This
means that under the phasing previously approved and in effect for Lot 13 and Lot 15 now discussed, the
Applicant could file its final plat for the current project in May, 2025. It is reasonable to believe that if final plat
were filed in May 2025, permit hearings would take 6 months, at which time a final plat would issue, providing
the standard 18-month period before a zoning permit would issue. Essentially requiring the second phase of the
final plat to be built no later than May 2028.
The Applicant has developed its project on Lot 13 and Lot 15 through detailed construction drawings
and specifications and proposed it through final plat because those details are known and ready and we wished
to secure permits in order to have maximum flexibility in procuring project financing and assembling the project
construction schedule in a way that works together with other construction priorities on site, including the
Summit buildings and the construction of the next single family phase at Eastview. However, the Applicant did
not realize that in proposing its project for final plat early, it might inadvertently reset the timelines provided in
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SD-21-13. That could potentially result in this final plat being issued with a standard condition that a zoning
permit must be filed in 18 months.
The Applicant is requesting that the Board affirm and leave intact the previously approved phasing
framework which would allow Lot 13 and Lot 15 to proceed to a zoning permit any time prior to May 2025. This
three-year period will allow the certainty and flexibility needed to coordinate the construction of the Project
with the construction of other projects on site and the construction of the new roadway and Kennedy
connection. The Applicant hopes that the Board can see the reasoning behind this request, and we apologize for
not flagging this issue sooner. The reality is that proposing and constructing 345 apartments simultaneously
over the next two years across Hillside may or may not prove logistically, financially, or pragmatically possible
for our team and for the neighborhood. The Applicant has invested significantly in this project and intends to
construct it. We would hate to find ourselves at a moment when our permits are expiring due to delays in
starting caused by site logistics and/or market events that take hold in the next 12 months when we are focused
on building our inclusionary housing requirements. It is also worth pointing out that this issue has primarily
arisen as a result of Applicant leading with the inclusionary housing mixed-income buildings first, as opposed to
what the Board’s timing concerns were largely focused on which was confirming that the inclusionary units
would be required to come online prior to additional market rate buildings proceeding if we had led with Lots 13
& 15. As a result of Applicant delivering the inclusionary units first (and in fact overbuilding our requirement)
the City is assured that those units will be built in the near term.
This issue is of critical importance to our ability to proceed to a decision on this final plat and we would
request the Board consider this and provide some clarity on its position at the hearing. The Applicant would
request a continuance of the hearing as needed to allow time to sufficiently consider and discuss this request
and the impacts to the Project.
Below please find a summary of outstanding items and supplemental information provided in response
to the May 4th hearing.
1. Traffic Report:
The Applicant made a proposal to install the traffic light and to activate it when determined a warrant is
present. The Applicant has not heard anything further from Staff on this item, and it was left somewhat open
ended for Staff to provide feedback as needed. We will look forward to hearing more on this subject at the
hearing, but no additional information is provided as it seemed the testimony and proposal was sufficient unless
otherwise noted.
2. No additional information provided.
3. No additional information provided.
4. Updated lighting plan provided 05/04/22.
5. Updated lighting plan provided 05/04/22.
6. No additional information is provided.
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7. The Board did not request any additional changes to this elevation at the hearing. The Applicant is
providing an updated architectural elevation for Kennedy Drive Lot 15 and Two Brothers Drive Lot 13 to
demonstrate the new metal panel and header designs confirmed by the Board at the 05/04/22 hearing.
8. The Applicant has provided an updated landscaping budget for review. The Applicant has included the
cost of paver terraces and colored concrete areas ABOVE the cost of standard concrete surfaces in those
areas. This was directed by the Board on 05/04/22. The Applicant has included the cost of bollards as
well as bike racks as previously noted to be acceptable in the staff report provided for the 03/15/22
hearing. Plantings previously reviewed and approved as eligible are included. Lastly, the Applicant has
allocated $98,019.50 from the expenditures approved as eligible for such allocation in SD-21-25. This is
noted at the bottom of the budget.
9. No additional information is provided.
10. The Board provided guidance that all parking areas will be reviewed as one parking lot in terms of
compliance with 13.06B(2). An updated landscape island calculation is provided which reviews this item
across all three lots.
11. No additional information is provided. In discussion with the Board, it was determined islands met the
minimum requirements.
12. Applicants landscape architect has provided testimony that the islands are sufficiently sized for tree
survival. The Board did not indicate that additional information was needed for this item.
13. The Applicant has increased the caliper of trees to be 2.5” minimum as requested in this staff comment.
Updated landscape plans are attached.
14. In discussing this comment at the hearing, it was determined that since residents of both buildings will
have access to the bike storage areas in both building as needed, the aggregate of Lot 13 and Lot 15 met
the long-term bike storage requirements of the land development regulations. No further information is
therefore provided.
15. No further information is provided.
As outlined above, we believe that this supplemental application includes all the requested information
for our Project. Please note that updated civil and landscape plans are provided for your review. Many of the
sheets changed due to moving four parking spaces as requested. We look forward to our upcoming discussion.
Thank you.
Sincerely,
Andrew Gill, Director of Development