HomeMy WebLinkAboutSD-23-10 - Supplemental - 0255 Kennedy Drive (46)
180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov
TO: South Burlington Development Review Board
FROM: Marla Keene, Development Review Planner
SUBJECT: #SD-23-10 255 Kennedy Drive Lots 13 & 15 Final Plat Application
DATE: July 18, 2022 Development Review Board meeting
PROJECT DESCRIPTION
Final plat application #SD-23-10 of O’Brien Farm Road, LLC for the next phase of a previously approved
master plan for up to 490 dwelling units and non residential space as allowable in the zoning district.
The phase consists of two (2) five story multi-family residential buildings on Lots 13 and 15 with a total
of 251 dwelling units, 1,219 sf of commercial space, and associated site improvements, 255 Kennedy
Drive.
CONTEXT
The Board approved final plat application #SD-22-05 for this project on July 11, 2022. The conditions of
that approval required that plan edits be made and the overall site plan be recorded in the land records
within 180 days of the decision. State statue requires recording of a plan anytime a subdivision, of
which a PUD is a sub-type, is approved. The applicant failed to record the required plan within 180 days
therefore approval #SD-22-05 expired and is null and void.
Members may recall that an expired approval essentially ceases to exist. In order to obtain a new
approval, the applicant must submit a complete new application including all materials required in order
for the Board to render its decision on the matter.
Conditions of expired approval #SD-22-05 included six plan changes that were required to be completed
prior to recording the plan in the land records. For this renewal application, the applicant has chosen to
submit the application materials as they were approved without those six changes having been
completed. Their stated intention in doing so is to simplify the Board’s review process. If the Board
chooses to issue their decision as before, Staff would recommend the Board include same conditions,
including the six required plan changes, as were included in #SD-22-05.
The project has been submitted in accordance with the conditions of preliminary plat approval #SD-20-
16 and amended preliminary plat approval #SD-21-13. These preliminary plat approvals approved six (6)
buildings on Lots 10 through 15 of the O’Brien Hillside development. Condition #7 of #SD-21-13 reads as
follows.
The final plat for the first phase must be submitted within 12 months from the date of this
decision. This condition was complied with by submission of final plat application #SD-21-25 for
Lots 10 & 11.
Subsequent final plats must be submitted such that there are only three buildings remaining
four years after the date of this decision. Preliminary plat #SD-21-13 was issued May 20, 2021.
Four years later would be May 20, 2025. This application is for two buildings, therefore, if
approved, there will be only two buildings remaining four years after the date of #SD-21-13.
All final plats must be submitted within six years of the date of this decision. Staff considers
this submission does not affect this element of the condition.
Staff does not consider there are changed circumstances which would change the Board’s findings on
the submitted application materials. However, as always, Staff encourages the Board to pose any
questions they may have of the applicant, and of course to invite public comment.
Since Staff does not anticipate any changes to the Board’s review of the project, Staff has prepared a
draft decision consistent with expired approval #SD-22-05.
Recommendation
Staff recommends the Board discuss the project with the applicant and close the hearing.
Respectfully submitted,
Marla Keene, P.E.
Development Review Planner