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HomeMy WebLinkAboutMinutes - Development Review Board - 01/03/2017 DEVELOPMENT REVIEW BOARD 3 JANUARY 2017 The South Burlington Development Review Board held a regular meeting on Tuesday, 3 January 2017, at 7:00 p.m., in the Conference Room, South Burlington Police Station, 19 Gregory Drive. MEMBERS PRESENT: B. Miller, Chair; J. Smith, M. Behr, M. Cota, F. Kochman ALSO PRESENT: R. Belair, Administrative Officer; L. Britt, Development Review Planner; E. Langfeldt, A. Gill, T. Hergenrother, D. Burke, P. Heil, J. Bialas 1. Additions, deletions, or changes in order of agenda items: No changes were made to the Agenda. 2. Comments & Questions from the public not related to the Agenda: No issues were raised. 3. Announcements: There were no announcements. 4. Continued Master Plan Application #MP-16-03 of O’Brien Farm Road, LLC, for a planned unit development to develop 39.16 acres with a maximum of 458 dwelling units and 45,000 sq. ft. of office space, 255 Kennedy Drive: Mr. Miller noted that the DRB will be meeting on Wednesday night to go over the applicant’s list of waivers. Mr. Belair advised that the applicant had provided DVDs of the previous hearings, as requested. Mr. Cota then moved to continue #MP-16-03 to 17 January 2017. Ms. Smith seconded. Motion passed 5-0. 5. Continued Master Plan Application #MP-16-01 of O’Brien Farm Road, LLC, for a planned unit development to develop 50 acres with a maximum of 360 dwelling units and 55,000 sq. ft. of commercial space, 255 Kennedy Drive: Mr. Cota moved to continue #MP-16-01 to 17 January 2017. Ms. Smith seconded. Motion passed 5-0. 6. Continued Sketch Plan Application #SD-16-31 of Synergy Development, LLC, to amend a previously approved planned unit development consisting of 3 single family dwellings on 3 lots. The amendment consists of adding one single family dwelling to lot #3, 7 Chaplin Lane: Mr. Belair advised that the applicant had asked for a continuance. Mr. Cota moved to continue #SD-16-31 to 17 January 2017. Ms. Smith seconded. Motion passed 5-0. 7. Preliminary and Final Plat Application #SD-16-34 of Hergenrother Construction, LLC, to subdivide a 1.5 acre parcel developed with a single family dwelling into 4 lots consisting of: 1) a 0.66 acre lot with the existing house (lot #1); 2) a 0.27 acre lot (lot #2); 3) a 0.29 acre lot (lot #3); a 0.28 acre lot (lot #4), 1410 Hinesburg Road: Mr. Heil said the property is just south of Butler Farms and abuts both Hinesburg Road and Highland Terrace. The existing single family house will remain and will be accessed from a shared drive on Hinesburg Road. All lots will be on municipal water and sewer. Stormwater will be contained on site. The main issue involves setbacks for lots 3 and 4 on Highland Terrace. Staff wants no more than a 25-foot setback, and the applicant is proposing more than 50 feet. Mr. Miller said the Board did agree with the setback as proposed. Mr. Behr questioned putting 2 small homes next to each other back 50 feet when there are other nearby homes set back 25 feet. He encouraged a 25 foot setback but recognized the regulations say “should” and not “shall.” Mr. Burke said the applicant feels 35 feet might work. He stressed that the homes will fit within the building envelopes. He also noted that a buyer for 1 lot is looking for the larger setback, and the developer doesn’t want to lose that sale. Mr. Bialas showed where he lives. He said the pine trees provide a lot of privacy. He would like the house to remain in front of the pines. Mr. Burke said there will be a 6 foot cedar hedge along the boundary. It was noted that the neighbor has asked that her pool be shielded by trees. She asked if the existing trees will remain. Mr. Heil said the trees are mostly on the neighbor’s lot. Nothing will be touched on that side. The neighbor at the bottom of the hill wanted to be sure there will be no runoff toward his property. Mr. Heil said there will be no runoff toward the neighbor’s property, the flow will also be less than today. No other issues were raised. Mr. Cota moved to close #SD-16-34. Ms. Smith seconded. Motion passed 5-0. 8. Continued Sketch Plan Application #SD-16-14 of Eastern Development Corp., to develop a 12-unit planned unit development on 21.8 acres consisting of 6 2-family dwellings, 150 Swift Street: Mr. Belair advised that the applicant had asked for a continuance. Mr. Cota moved to continue #SD-16-14 to 17 January 2017. Mr. Behr seconded. Motion passed 5-0. 9. Site Plan Review Application #SP-16-80 of Rye Associates, LLC, to construct a 6000 sq. ft. building consisting of: 1) 3000 sq. ft. of personal instruction use; 2) 1500 sq. ft. of personal service use; and 3) 1500 sq. ft. of undetermined use, 89 Rye Circle: Mr. Belair advised that the applicant had asked for a continuance. Mr. Cota moved to continue #SP-16-80 to 17 January 2017. Mr. Behr seconded. Motion passed 5-0. 10. Discussion regarding Deliberative Sessions: Mr. Kochman said he believes the South Burlington LDRs require all meetings to be open to the public, and he didn’t see a good reason why they shouldn’t be. Mr. Behr said deliberation used to occur in open session, and the DRB was very strongly directed by the Secretary of State not to hold deliberative sessions in public. Mr. Kochman suggested checking with the City Attorney. Mr. Behr suggested asking the Planning Commission to change the language in the LDRs. Members agreed to have this checked with the City Attorney. 11. Minutes of 20 December 2016: Mr. Kochman said that in the discussion on affordable housing in the proposed Larkin development, Mr. Larkin had said that affordable housing would be part of their objective whether they need a density bonus or not. Mr. Cota moved to approve the Minutes of 20 December 2016 with the above addition. Ms. Smith seconded. Motion passed 5-0. 12. Other Business: No other issues were raised. As there was no further business to come before the Board, the meeting was adjourned by common consent at 8:01 p.m. , Clerk 2/6/2017 Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Development Review Board FROM: Lindsey Britt, Development Review Officer SUBJECT: MP-16-03 255 Kennedy Drive—O’Brien Farm Road, LLC DATE: January 3, 2016 Master plan application #MP-16-03 of O’Brien Farm Road, LLC for a planned unit development to develop 39.16 acres with a maximum of 458 dwelling units and 45,000 square feet of office space, 255 Kennedy Drive. Originally the applicant submitted and pursued application #MP-16-01; however, the project evolved to include a greater number of dwelling units (458 instead of 360) on a larger area of the parcel (39.16 acres instead of 30 acres). These changes were substantial enough for staff to recommend the applicant submit a new application, #MP-16-03, which had its first public hearing on December 20, 2016. The applicant has now submitted for the record DVD recordings from Channel 17 of the Board’s proceedings on August 23, October 18, November 1, and November 15, 2016 at which the Board discussed #MP-16-01. Staff considers that the video recordings of #MP-16-01 are relevant to this project, because the applicant was at that time already presenting materials to the Board which reflected the increased number of dwelling units on a greater area of land. Staff considers that continuing #MP-16-03 to a future meeting date would be wise so that if questions arise during the deliberation of this large project the Board can request new information from staff or the applicant. If the Board closes the hearing then it would need to go through the process of re-opening the hearing in order to receive new information, which will lengthen the process. 1. Staff recommends the Board continue the hearing of #MP-16-03 to allow itself time to deliberate while leaving open the possibility of requesting new or clarifying information from the applicant and/or staff. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Development Review Board FROM: Lindsey Britt, Development Review Planner SUBJECT: MP-16-01 255 Kennedy Drive—O’Brien Farm Road, LLC DATE: January 3, 2017 Development Review Board meeting Continued master plan application #MP-16-01 of O’Brien Farm Road, LLC for a planned unit development to develop 50 acres with a maximum of 360 dwelling units and 55,000 square feet of commercial space, 255 Kennedy Drive. The applicant has submitted a different and new application (#MP-16-03) for a project on the same parcel. #MP-16-01 is therefore on hold as the applicant is choosing at this time to pursue #MP-16-03 instead. 1. Staff recommends the Board continue #MP-16-01 to a future meeting date. 1 CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD SD_16_34_1410HinesburgRoad_Hergenrother_subdivision _homes_prelim_final_Jan_3_2017 DEPARTMENT OF PLANNING & ZONING Report preparation date: December 30, 2016 Plans received: November 2, 2016 1410 Hinesburg Road Preliminary & Final Plat Application #SD-16-34 Meeting date: January 3, 2017 Owner/Applicant Hergenrother Construction, LLC 97 Blakely Rd. Colchester, VT 05446 Engineer O’Leary Burke Civil Associates 13 Corporate Dr. Essex Junction, VT 05452 Property Information Tax Parcel 0860-01410 SEQ Zoning District- Neighborhood Residential 1.5 acres Location Map 2 PROJECT DESCRPTION Preliminary & final plat application #SD-16-34 of Hergenrother Construction, LLC to subdivide a 1.5 acre parcel developed with a single family dwelling into four (4) lots consisting of: 1) a 0.66 acre lot with the existing house (lot #1), 2) a 0.27 acre lot (lot #2), 3) a 0.29 acre lot (lot #3), and 4) a 0.28 acre lot (lot #4), 1410 Hinesburg Road. COMMENTS Development Review Planner Lindsey Britt and Administrative Officer Ray Belair, hereafter referred to as Staff, have reviewed the plans submitted by the applicant and have the following comments. Zoning District and Dimensional Requirements: SEQ-Neighborhood Residential Required Existing Proposed Lot 1 Proposed Lot 2 Proposed Lot 3 Proposed Lot 4 Min. Lot Size 12,000 sq. ft./single family 64,992 sq. ft. 28,750 sq. ft. 12,019 sq. ft. 12,175 sq. ft. 12,048 sq. ft. Max. Building Coverage 15% 2.6% No change <15% <15% <15% Max. Overall Coverage 30% 6.3% No change <30% <30% <30% *Max. Front Setback 25 ft. >130 ft. No change 25 ft. 50 ft. 50 ft. Min. Side Setback 10 ft. >10 ft. No change 15 ft. >15 ft. >15 ft. Min. Rear Setback 30 ft. >30 ft. >30 ft. >30 ft. >30 ft. >30 ft. Building Height (pitched roof) 28 ft. Unknown No change Unknown Unknown Unknown **Density 4 units/acre 0.65 units/acre 2.67 units/acre  Proposed to be in compliance *See conversation below in Building Orientation section **See discussion below in Density section A. Density The SEQ-NR district allows 1.2 units per acre or four (4) units per acre with Transfer of Development Rights (TDRs). The existing parcel allows for a maximum density of 6 units (1.55 x 4=6.2 rounded down to the nearest whole unit) with TDRs. The applicant has proposed four (4) units (one existing single family and three (3) new single family), which is within the density calculation for this parcel with the use of three (3) TDRs. The applicant has indicated the required TDRs will be received from 1600 Hinesburg Road. B. Access Access to Lots 1 and 2 will be provided from Hinesburg Road by an existing driveway, which will be shared. Access to Lot 3 and Lot 4 will be provided from Highland Terrace and each proposed house on those lots will have its own driveway. C. Building Orientation and Design Section 9.08 of the SBLDR lays out particular standards related to the orientation of housing, mix of housing styles, setbacks, and parking/garages. The applicant has indicated that all of the buildings will be 3 oriented to the street, 35% of the translucent windows will face south, and garages will be set back a minimum of eight (8) feet from the front building line. Additionally the applicant has provided front elevations of the houses proposed for Lots 2-4 and these elevations show there will be variation among the façades of the proposed houses. The proposed houses are set back from Highland Terrace more than 70 feet and from the front lot line 50 feet. The regulations state that buildings “should be set back a maximum of” 25 feet from the sidewalk and that a “close relationship between the building and the street is critical to the ambiance of the street environment.” Staff considers the proposed houses to be set back too far from the street and that each house should be placed closer to the front lot line. Three (3) houses further south and on the same side of Highland Terrace (visible in the image on the first page of these staff comments) are set back approximately 25 feet from their front lot line. 1) Staff recommends the Board request the applicant place each proposed house a maximum of 25 feet from their respective front lot lines. D. Lot Ratios Section 9.08.A.4 states that lots “shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended.” The existing lot has a ratio of approximately 1:2.8 and therefore meets the minimum lot width to depth ratio. Lot 1 is proposed to have a ratio of 1:2.66, Lot 2 of 1:6.38, Lot 3 of 1:2.05, and Lot 4 of 1:2.15. Staff considers that the ratio of Lot 2 exceeds what is recommended, but could be considered acceptable. E. Stormwater Comments Staff was notified by the Stormwater Section in an email dated December 29, 2016 that they had no comments on the project. F. Fire No comments were submitted from the Fire Department. G. Energy Standards Staff notes that all new buildings are subject to the Stretch Energy Code pursuant to Section 3.15: Residential and Commercial Building Energy Standards of the LDRs. H. Other The applicant’s plans should be revised to show the correct allowable maximum building height of 28 feet (pitched roof). RECOMMENDATION Staff recommends that the applicant work with Staff and the Development Review Board to address the issues herein. Respectfully submitted, 4 ________________________________ Ray Belair, Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Development Review Board FROM: Lindsey Britt, Development Review Planner SUBJECT: SD-16-14 150 Swift Street—Eastern Development Corp. DATE: January 3, 2017 Development Review Board meeting Continued sketch plan application #SD-16-14 of Eastern Development Corp. to develop a 12 unit planned unit development on 21.8 acres consisting of six (6) two-family dwellings, 150 Swift Street. At the October 18, 2016 meeting the Board provided the applicant with feedback on the project and suggested changes. The applicant has requested a continuation to a future meeting date. DEVELOPMENT REVIEW BOARD 20 DECEMBER 2016 The South Burlington Development Review Board held a regular meeting on Tuesday, 20 December 2016, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: B. Miller, Acting Chair; J. Smith, D. Parsons, J. Wilking, M. Cota, F. Kochman ALSO PRESENT: R. Belair, Administrative Officer; G. Rabideau, J. Larkin, E. Langfeldt, A. Gill, J. Carroll, J. Leinwohl, D. Grover, K. Lickling, T. Barritt, B. Nedde, M. McCormick, C. Houston 1. Additions, deletions, or changes in order of agenda items: No changes were made to the Agenda. 2. Comments & Questions from the public not related to the Agenda: No issues were raised. 3. Announcements: There were no announcements. 4. Preliminary and Final Plat Application #SD-16-33 of City of Burlington/Burlington International Airport to amend a previously approved Planned Unit Development for an airport complex. The amendment consists of: 1) extending taxiways B and G, and 2) constructing a perimeter road from the existing quarry to the taxiway B extension, 1200 Airport Drive: Mr. Leinwohl said there have been no changes since sketch plan review. The changes are safety related and concern an intersection of 2 runways. This project will alleviate the problems. They will be taking out some pavement; however, there will be a net increase in impervious. Ms. Smith asked if the applicant had addressed the question of coverage. Mr. Leinwohl said coverage is at 31.3%, and with this project it will be at 31.5%. No issues were raised by the Board or public. Mr. Cota moved to close #SD-16-33. Mr. Wilking seconded. Motion passed 6-0. DEVELOPMENT REVIEW BOARD 20 DECEMBER 2016 PAGE 2 5. Continued Preliminary Plat Application #SD-16-29 of John P. Larkin and Eric Farrell for a planned unit development consisting of: 1) razing a 54 unit hotel (Larkin Terrace), and 2) constructing an 83,972 sq. ft. building which will include 60 residential units and 20,250 sq. ft. of commercial space, 1185 & 1195 Shelburne Road: Mr. Rabideau showed a concept of the Shelburne Road corner. He said it is meant to be a place where people are. He noted planting beds and other details. He also showed a view looking southwest including frontage on Fayette Road. They have re-oriented the tower feature. Mr. Rabideau said the architecture is continuing to evolve. He indicated the addition of some outdoor terraces. He then showed a view looking up Shelburne Road which includes some outdoor seating for a potential restaurant. An “interior view” was then shown indicating parking and an outdoor covered space for dumpsters, etc. Mr. Rabideau indicated the pedestrian circulation. Residential units now include 15 2-bedroom units as recommended by staff. Mr. Parsons asked if there is currently a bus shelter and whether the bus stop will remain. Mr. Rabideau indicated the bus stop on the plan and showed the sidewalks leading to it. The form of the bus stop will be up to CCTA. Mr. Belair commented that the narrow sidewalk close to Shelburne Road appears to be dangerous. Mr. McCormick said it is intended as a buffer. Mr. Rabideau added that they don’t want to plant material so close to the road as it would not survive. The sidewalk that is intended for people to use is 10 feet wide. It can also accommodate bicycles safely. Ms. Smith said she would rather see the outside strip for bicycle use. Mr. Rabideau noted they are looking at different colorings for bricks so it doesn’t appear to be just one big building. There would be retail on the ground floor. The tower would have a fitness center and community room. Traffic: Mr. Rabideau said they have no issue with the Board imposing technical review of traffic. DEVELOPMENT REVIEW BOARD 20 DECEMBER 2016 PAGE 3 Mr. Grover said they estimate 72 peak hour trip ends including “internal capture” and a 6% reduction for TDM. With the removal of the existing building, there is a net increase of 50 peak hour trip ends. Mr. Grover also said there is a minimal impact on driveways/intersections. The Fayette Road intersection remains at level of service A and the driveways remain at level of service B. Mr. Wilking felt they should also analyze Shelburne Road. There is now a problem on that road at peak hours. This will be adding to that problem. Mr. Rabideau noted that at this time, the property is part of a traffic overlay district. Mr. Grover said that limits the number of turns on and off the road. They got credit for a signalized intersection. There is a budget for allowable trip ends. Right now they are at 45 and have a budget of 83. He noted that staff would like them to look at traffic for the whole development, but for this project they are within the limit. There is also a trip budget allowed for a PUD. They will include an analysis of the whole development. Mr. Grover said it looks like they are well within the allowable numbers. Mr. Kochman asked if the Board has discretion to require something more such as completing the north/south road to Holmes Road. He would like the applicant to come back with input from Mr. Farrell and from the intervening property owner. Mr. Wilking noted that owner was in recently and appeared amenable to a discussion. Shared Parking: Mr. Rabideau said that part of the overlay district is a shared parking agreement among a number of users. They will be fitting into that plan with space to spare. Mr. Wilking felt the Board should hear from the neighbors to be sure the project doesn’t make their uses inoperable. Stormwater/Civil Engineering: Mr. Nedde said they are very excited about the stormwater plan which will be a net community benefit. The current facility behind the movie theatre is not up to standard. The new system will be up to today’s standard and will result in downstream improvements. The pond will be DEVELOPMENT REVIEW BOARD 20 DECEMBER 2016 PAGE 4 sized for the full Master Plan. Mr. Rabideau said the typical roof will be 10 feet above the maximum allowable height, and the tower will be 60’- 6”. They will be asking for a height waiver. Mr. Kochman asked why there is the attachment to the tower. Mr. Rabideau said it is similar to a steeple in a village…”here it is…this is an important place.” It also helps to promote the urban concept. Mr. Wilking had no issue with the concept, but he didn’t feel it was “there yet.” Other members liked the tower. Some wanted to see it open to the public. Affordability: Mr. Miller noted there has been no request for a density bonus, so there is no requirement for affordable housing. Mr. Kochman noted the applicant is taking down 61 units of inexpensive housing where people have been living for a long time. The units going up will more likely be more expensive, so there will be a net decrease in affordable housing. This is contrary to a whole chapter in the Comprehensive Plan. He asked if the applicant will/will not be seeking a density bonus for the whole 40 acres. Mr. Larkin said there is no decision on that yet. Mr. Kochman said that until that representation is made he was unwilling to consider this first phase in isolation. He asked to know what the rental costs will be. Mr. Miller said he didn’t want the Board to ask for something that is not within its purview. Mr. Larkin said he wants to go back and do the math and make sure they don’t need the density bonus. He said that “inexpensive” housing would be part of their plan. Mr. Carroll, representing the neighbor to the north, said that energy is an important factor in affordability today. He felt that to meet affordability standards today you need non-profit money. To be “sustainable” you need walkability, etc. He felt that height is “the way to go.” Mr. Kochman said that is a Planning Commission discussion. He added that he liked the general concept and the project, but he was “stuck” on what he was “stuck on.” DEVELOPMENT REVIEW BOARD 20 DECEMBER 2016 PAGE 5 Ms. Easton, an abutting neighbor, was excited to see the project evolve. She felt it has an urban transitional look. She didn’t mind the tower but would like people to be able to go up in it. She was concerned with traffic. She asked about the connecting road that could go through the Eagles/clothing stores, etc. She was also concerned with how stormwater will be handled in the future as there are developable properties nearby that will be affected. Mr. Rabideau said the net stormwater outcome will make the whole PUD better. Mr. Nedde said it will handle a 100-year storm event. Mr. Rabideau asked the board to grant preliminary approval and let them deal with the issues. Mr. Wilking moved to invoke technical review for traffic. Mr. Kochman seconded. Motion passed 6-0. Mr. Cota moved to close #SD-16-29. Mr. Wilking seconded. Motion passed 5-1 with Mr. Kochman opposing. 6. Master Plan Application #MP-16-03 of O’Brien Farm Road, LLC, for a planned unit development to develop 39.16 acres with a maximum of 458 dwelling units and 45,000 square feet of office space, 255 Kennedy Drive: Mr. Miller noted this is a new Master Plan. Everything from the previous plan is included by reference. Mr. Belair noted staff has not yet received the Channel 17 recordings. Members felt these should be part of the package. Mr. Miller said that staff recommends keeping the application open to give the Board time to go through it. There could be a special meeting for this purpose. Mr. Langfeldt said they have streamlined the number of waivers. They have included the ones they felt the Board was in favor of. Mr. Cota then moved to continue #MP-16-03 to 3 January 2017. Ms. Smith seconded. Motion passed 6-0. DEVELOPMENT REVIEW BOARD 20 DECEMBER 2016 PAGE 6 7. Continued Master Plan Application #MP-16-01 of O’Brien Farm Road, LLC, for a planned unit development to develop 50 acres with a maximum of 360 dwelling units and 55,000 sq. ft. of commercial space, 255 Kennedy Drive: Mr. Belair said this application should be continued as long as the -03 application is continued, even longer. Mr. Cota moved to continue #MP-16-01 to 3 January 2017. Ms. Smith seconded. Motion passed 6-0. 8. Minutes of 6 December 2016: Mr. Kochman asked that on p. 2 it be noted that he felt innovation didn’t apply because it isn’t an issue of dimensional standards, it is density. On p. 3, it should be noted that Mr. Kochman said he agreed with Mr. Rushford. Mr. Cota moved to approve the Minutes of 6 December 2016 with the above additions. Mr. Wilking seconded. Motion passed 6-0. 9. Other Business: There was no other business discussed. As there was no further business to come before the Board, the meeting was adjourned by common consent at 9:00 p.m. _____________________________________ Clerk _____________________________________ Date