HomeMy WebLinkAboutSD-17-17 - Decision - 0255 Kennedy Drive#SD-17-17
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
255 KENNEDY DRIVE
FINAL PLAT APPLICATION #SD-17-17
FINDINGS OF FACT AND DECISION
Final plat application #SD-17-17 of O'Brien Farm Road, LLC for a planned unit development on 39.16 acres
consisting of: 1) 64 single family dwellings, 2) 27 two (2) family dwellings, and 3) 14 lots, 255 Kennedy Drive.
The Development Review Board held a public hearing on August 1, 2017. Evan Langfeldt and Andrew Gill
represented the applicant. It is noted that this Project also needed master plan approval, and that application,
#MP-16-03, was approved by the DRB on February 9, 2017. Amended master plan #MP-17-01 was approved by
the Development Review Board on July 19, 2017.
Based on 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, O'Brien Family Limited Partnership & O'Brien Home Farm, LLC, seeks final plat
approval to subdivide a 39.16 acre parcel for development of 1) 64 single family dwellings, 2) 27 two
(2) family dwellings, and 3) 14 lots, 255 Kennedy Drive.
The owners of record of the subject properties are O'Brien Family Limited Partnership & O'Brien Home
Farm, LLC.
3. The application was received on June 9, 2017.
4. The subject property is located in the Residential 12 (R12) and Commercial 1 with Limited Retail (C1-
LR) Zoning Districts.
The plans submitted consist of a 87 page set of plans, Sheet PL-1 entitled "Final Plat O'Brien Family,
LLC & O'Brien Home Farm, LLC," and Sheet PL-2 entitled "Easement Plan O'Brien Family, LLC & O'Brien
Home Farm, LLC," prepared by Krebs and Lansing Consulting Engineers, Inc., dated June 1, 2017.
Master Plan application #MP-16-03 was approved by the DRB on February 9, 2017 and amended by
#MP-17-01 on July 19, 2017. For the purposes of judicial clarity and economy, decisions on master
plans and preliminary plats are separate and distinct. Matters relevant only to Master Plan approval
for this Project will not be repeated here; matters relevant to both may also be included here.
WAIVER REQUESTS
As a part of this application, the following waiver requests were submitted as part of the preliminary
application, and are unchanged for the final plat application.
(a) Height and number of stories facing the street to be greater than 28 feet and three (3) stories
(i.) Height equal to or less than the number of feet listed in the Building Height column of the
Building Height Worksheet plus two (2) feet (Example: Building 1 lists 32.74 feet in the
{
Building Height column and therefore the waiver would allow a building height equal to or
less than 34.74 feet)
(ii.) Up to three (3) stories below the roofline facing the street on Buildings 75-96
(b) Front yard setbacks
(i.) Six (6) foot front setback for houses on O'Brien Farm Road and 11 foot front setback for
garages on O'Brien Farm Road
(ii.) Six (6) foot front setback for houses and 11 % foot front setback for garages on Two Brothers
Drive south of O'Brien Farm Road.
(iii.) Five (5) foot front setback for houses and 10 foot front setback for garages on Laurentide Way,
Ledge Way and Split Rock Court.
(c) Rear yard setbacks
The applicant provided a chart showing the setbacks for each footprint lot they are proposing. Thirty of
the 118 footprint lots showed a need for a rear yard setback waiver. Since footprint lots do not exist for
the purposes of the Land Development Regulations, the Board will instead referto requests for rear yard
setbacks for buildings. The applicant has requested rear yard setbacks as follows.
(i.) 25 feet on Buildings 1-5, 27-30, 44-45, 48, 63, 73, and 95-96
(ii.) 27 feet on Buildings 22 and 49, 13 feet on Building 46
(iii.) 14 feet on Building 47
(iv.) 26 feet on Building 63
(v.) 20 feet on Building 64
(vi.) 24 feet on Building 65
(vii.) 21 feet on Building 66
(viii.) 22 feet on Building 67
(ix.) 27 feet on Building 68
(x.) 27 feet on Building 73
(xi.) 19 feet on Buildings 74 and 75
(xii.) 20 feet on Building 76
(xiii.) 28 feet on Building 95
(xiv.) 26 feet on Building 76
For the purposes of this approval, the footprint lots will be considered building envelopes. The applicant
has indicated on the site plans that the buildings shown are for illustrative purposes and that buildings
can be swapped out with other buildings approved for that location within the boundaries of the
footprint lot.
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ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Required Proposed
R12 and C1-LR Zoning District
Minimum Lot Size (sf)
6,000 single family, 8,000 two
family
>8,000
Maximum Building Height (ft)
28 (pitched), 25 (flat)
See waiver request
Maximum Building Coverage (%)
30
13.7 overall PUD
Maximum Overall Coverage (%)
40
28.8 overall PUD
Minimum Front Setback (ft)
30
See waiver request
Minimum Side Setback (ft)
10
101
Minimum Rear Setback (ft)
30
See waiver request
1. The Board notes that a small number of building envelopes are less than 10 feet from the adjoining side property line. The
Board shall require the applicant to modify the plans such that all footprint lots are 10 feet or greater from the adjoining side
property line.
PLANNED UNIT DEVELOPMENT GENERAL STANDARDS
Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the
following standards and conditions:
(A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the
project.
According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public
utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to
the proposed dwelling units. According to Section 15.13(D)(1), the subdivider or developer shall connect to
the public sewer system or provide a community wastewater system approved by the City and State in any
subdivision where off -lot wastewater is proposed. The Project is proposed to be served by gravity sewer
mains flowing to existing sanitary manholes in Eldridge Street and in Kennedy Drive. A looped water
distribution system is proposed to service the Project. Storm drainage will be collected in an enclosed
drainage system within the local streets and will be directed to one of two stormwater management
facilities located at VT Route 116 and O'Brien Farm Road and adjacent to the Existing City of South
Burlington Stormwater Pond on Kennedy Drive. The Board considers this standard met.
(A)(2) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil
erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent
properties.
The Project will be required to obtain a State Construction Stormwater Permit, which attempts to ensure
adequate protection of downstream receiving waters. The proposed Project shall adhere to the standards
for erosion control in Section 16.03 of the LDRs, and the grading plan shall meet the standards in Section
16.04 of the LDRs. The applicant has submitted an erosion control and grading plan as part of the final plat.
The Board considers this standard met.
(A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent
unreasonable congestion of adjacent roads.
Access is proposed via a public street connection to Eldridge Street and to Kennedy Drive. A traffic study
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dated August 8, 2016 was prepared by Lamoureux and Dickinson. The Board concurs with its findings
and considers this standard met.
(A)(4) The project's design respects and will provide suitable protection to wetlands, streams, wildlife
habitat as identified in the Open Space Strategy, and any unique natural features on the site.
During the Master Plan phase of this project the Board granted the applicant the ability to encroach on Class
III wetlands. The project does propose to incorporate a few areas of open space, one (1) approximately four
(4) acres in size and another of approximately three (3) acres, which may serve as habitat; however, these
areas are less than optimal for wildlife habitat due to being surrounded completely by houses and/or roads.
No unique natural features have been identified on the site, though as South Burlington becomes
increasingly developed the forested and open nature of this parcel becomes less common in the City and,
therefore, more unique.
The Project has received a Vermont Wetland General Permit authorizing construction of a stormwater
outfall with impacts to wetland buffer.
The applicant has indicated the presence of a "Tree Protection Area" on the landscaping plan, which will be
indicated with project demarcation tape (see Sheet LI.0).
The Board considers this standard met.
(A)(5) The project is designed to be visually compatible with the planned development patterns in the
area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is
located.
The purpose of the Residential 12 Zoning District is to encourage high -density residential use. The
proposed project included in this final plat is compact but does not qualify as high -density for the
purposes of the LDRs. The Master Plan for this site, however, contemplates as many as 458 housing
units, which would bring the density of the site to nearly 12 units per acre, and overall the project and
its components are designed to be compatible with planned development patterns.
The Board considers the proposed project meets the purpose of the R12 Zoning District when viewed
as part of the larger Master Plan vision for the site.
(A)(6) Open space areas on the site have been located in such a way as to maximize opportunities for
creating contiguous open spaces between adjoining parcels and/or stream buffer areas.
The proposed project provides for a park/open space area in the middle of the site (Lot #6 and open space
easements associated with Lots #7 and #9) and another open space area as part of Lot #8. Two (2) 30 foot
wide easements connect the open spaces of Lot #6 with undeveloped land to the east. This creates the
opportunity for contiguous open spaces between adjoining parcels.
The Board considers this standard met.
(A)(7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that
adequate fire protection can be provided.
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The Fire Department met with the applicant and confirmed the location of no parking signs on Laurentide
Lane, Ledge Way and Split Rock Court, which are only proposed to be 20 feet wide. Additionally, the Fire
Marshall notes that hydrants have to be installed and tested before construction/ framing can be started,
unless there is an existing hydrant located within 300 feet of the structure which is readily accessible by
firefighting equipment.
The Board considers this standard met.
(A)(8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have
been designed in a manner that is compatible with the extension of such services and infrastructure to
adjacent landowners.
In an email dated July 28, 2017, the Director of the Department of Public Works indicated that these
criteria are met. The Board considers this standard met.
(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards, absent a specific
agreement with the applicant related to maintenance that has been approved by the City Council. For
Transect Zone subdivisions, this standard shall only apply to the location and type of roads, recreation
paths, and sidewalks.
A condition to preliminary approval was that a pedestrian path be added that will go from the end of
O'Brien Farm Road to Old Farm Road. This is included in the application. The path is proposed to be
surfaced with wood chips. The Board considers this standard met.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected
district(s).
The Board finds that the parkland and open space proposed at the project site is sufficient to meet the
requirements of the notation referenced on the Official Map, and that the planned roadway
connection complies with the Official Map.
(A)(11) The project's design incorporates strategies that minimize site disturbance and integrate
structures, landscaping, natural hydrologic functions, and other techniques to generate less runoff from
developed land and to infiltrate rainfall into underlying soils and groundwater as close as possible to
where it hits the ground.
The Board finds this standard met.
SITE PLAN GENERAL REVIEW STANDARDS
Pursuant to Section 14.03(A)(1) of the South Burlington Land Development Regulations, any PUD shall require
site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following
general review standards for all site plan applications:
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A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due
attention by the applicant should be given to the goals and objectives and the stated land use policies
for the City of South Burlington as set forth in the Comprehensive Plan.
This criterion has been discussed under Standard (A)(10) above.
B. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from structure
to structure, and to provide for adequate planting, safe pedestrian movement, and adequate
parking areas.
The Board finds this standard met.
(2) Parking:
(a) (not applicable)
(b) The Development Review Board may approve parking between a public street and one or
more buildings if the Board finds that one or more of the following criteria are met. The Board
shall approve only the minimum necessary to overcome the conditions below.
(i.) (not applicable)
(ii.) The parking area will serve a single or two-family home
In addition to garages within the residential units, parking is proposed in the
driveways in front of the single and two-family houses. Each driveway provides
parking for two vehicles. The Board finds that parking in front of homes within the
right-of-way is acceptable, but that parking shall not take place across the sidewalk
or within the street except as specifically approved as on -street parking.
The Board finds this standard met.
(3) Without restricting the permissible limits of the applicable zoning district, the height and scale of
each building shall be compatible with its site and existing or anticipated adjoining buildings.
The proposed single and two-family houses come in a variety of styles, footprint sizes, and number of
stories; however, the Board finds that they are complimentary and no one style is so different in
height or scale as to be incompatible with any other style. The applicant is requesting height and story
waivers, which is discussed under "Waiver Requests" above.
The applicant has provided Architecture Sheets and a housing mix memorandum. The Board finds
these to be acceptable and will apply the neighborhood limitations from the housing mix
memorandum as a condition of this permit.
(4) Newly installed utility services and service modifications necessitated by exterior alterations or
building expansion shall, to the extent feasible, be underground.
The Board finds this standard met.
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C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common materials
and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping,
buffers, screens and visual interruptions to create attractive transitions between buildings of
different architectural styles.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing
buildings and roads in the vicinity that have a visual relationship to the proposed structures.
The Board finds this standard met.
SITE PLAN SPECIFIC REVIEW STANDARDS
In addition to the above general review standards, site plan applications shall meet the following specific
standards as set forth in Section 14.07 of the Land Development Regulations:
1. Access to Abutting Properties. The reservation of land may be required on any lot for provision of access
to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or
collector street, to provide additional access for emergency or other purposes, or to improve general
access and circulation in the area.
The applicant is proposing an easement at the north end of O'Brien Farm Road, which would allow that
street to connect to the existing Old Farm Road. Additionally, the applicant has included two (2)
pedestrian easements connecting Two Brothers Drive with other parcels also held by the applicant (or
associates) on which development is not presently proposed, but will likely be proposed in the future. The
applicant has agreed to maintain temporary mowed paths from these easements to Old Farm Road until
development occurs on the adjoining parcels. The Board finds these plans consistent with the Official
Map.
2. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be
underground. Any utility installations remaining above ground shall be located so as to have a
harmonious relation to neighboring properties and to the site.
As noted above and pursuant to Section 15.13(E) of the Land Development Regulations, any new utility
lines, services, and service modifications must be underground. The Board finds this standard met.
3. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with
any recycling or other requirements, shall be accessible, secure and properly screened with opaque
fencing to ensure that trash and debris do not escape the enclosure(s).
The applicant is not proposing any dumpsters or other facilities. Solid waste will be managed via unit -
specific bins.
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4. Landscaping and Screening Requirements. (See Article 13, Section 13.06)
Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening
shall be required for all uses subject to planned unit development review. The total cost of the buildings in
the portion of the project seeking final plat approval is estimated at $33,040,000 by the applicant. The
minimum landscaping budget, as shown below, is $337,900 and the applicant is proposing $341,558
exclusive of street trees.
Total Building
%of Total
Minimum Landscaping
Construction or Building
Construction/
Budget
Improvement Cost
Improvement Cost
$0 - $250,000
3%
$7,500
Next $250,000
2%
$5,000
Additional over
1%
$325,400
$ 500, 000
Minimum
$337,900
Landscaping $
Proposed
$341,558
Landscaping
The City Arborist indicated on July 13, 2017 in an email to the applicant that there are no comments.
The Board finds this standard met.
OTHER
A) Article 15, Section 15.15: PHASING/BONDING
The estimated cost of Project infrastructure including 15% contingency is $5,560,624.85. This figure has
been confirmed by the Director of Public Works in an email dated July 28, 2017 as follows.
1 spent some time reviewing their estimate and find it acceptable for bonding purposes. Their estimate
worksheet is for obvious reasons not unit based, but I did a take -off to estimate quantities and applied
standard industry per unit pricing and came very close to their overall numbers for earth work, utilities and
general site conditions. 1 also totaled their landscaping numbers and found them to be within acceptable
range based on the required percent of total building costs (which 1 estimated) that goes to landscaping as
required by our regulations.
The applicant shall post a bond for the infrastructure in the amount of $5,560,624.85. As noted above, the
total minimum landscaping cost is $337,900. The applicant shall post a bond or letter of credit for this
amount. The format of the bonds will be determined by the administrative officer.
The Board incorporates by reference the proposed phasing plan found on plan sheet PH-1, which outlines
the infrastructure elements tied to each housing unit phase.
B) Article 12, Section 12.02: WETLANDS
Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland buffers, may be
permitted by the DRIB upon finding that the proposed project's overall development, erosion control,
stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the
following standards for wetland protection:
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(a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood
waters adequately.
The encroachments do not place an appreciable amount of fill in the wetland or wetland buffer. The
Board considers this criterion met.
(b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment
system to reduce sedimentation according to state standards.
Encroachment is to construct a stormwater treatment system. The encroachment is located
upgradient of the wetland and the wetland's outlet and therefore its ability to capture sediment will
not be impacted by the presence of wetlands. The Board considers this criterion met.
(c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field
delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater
treatment, stream buffering, and/or other mitigation measures.
Encroachment is limited to a class III wetland buffer. Water quality impacts to the wetland are
anticipated to be minimal due to the presence of a stormwater treatment practice located
immediately upstream. The Board considers this criterion met.
C) Article 12, Section 12.03: STORMWATER
The Stormwater Section provided the following comments in an email to staff dated July 24, 2017, which
addresses issues related to this criterion:
The Stormwater Section has reviewed the "O'Brien Nome Farm" site plan prepared by Krebs & Lansing
Consulting Engineers, dated 12116116 and last updated on 7119117 We would like to offer the following
comments:
1. This project is located in the Potash Brook watershed. This watershed is listed as stormwater impaired
by the State of Vermont Department of Environmental Conservation (DEC). As the project proposes to
create greater than 1 acre of impervious area and disturb greater than 1 acre of land, it will require a
stormwater permit and construction permit from the Vermont DEC Stormwater Division. The applicant
should acquire these permits before starting construction.
2. The DRB should include a condition requiring the opplicant to regularly maintain all storm water
treatment and conveyance infrastructure.
The Board incorporates by reference the comments of the Stormwater Section.
D) Article 14, Section 14.05(G): WAIVERS
The Board finds the waivers described above acceptable.
E) Impact Fee Ordinance: IMPACT FEES
The applicant has requested that a portion of the recreation impact fees which would be assessed for the
project be waived in light of in -kind contributions, i.e. park development which will be done by the applicant
instead of the City. The value of the in -kind contributions as calculated using the total park area of 0.92
acres is $8,364.
The Board finds the impact fee waiver requested acceptable and will recommend to the City Council that
the impact fee for the project be reduced by $8,364.
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F) Article 3, Section 3.15: ENERGY STANDARDS
The Board notes that all new buildings are subject to the Stretch Code pursuant to Section 3.15:
Residential and Commercial Building Energy Standards of the LDRs.
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Motioned by Matt Cota, seconded by David Parsons, to approve final plat application #SD-17-17 of O'Brien Family
Limited Partnership & O'Brien Home Farm, LLC subject to the following stipulations:
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 plat submitted by the applicant and on file in the South
Burlington Department of Planning and Zoning.
3. The plat must be revised to show the changes below and will require approval of the Administrative
Officer. Three (3) copies of the approved revised plans must be submitted to the Administrative Officer
prior to recording the plat.
a. The survey plat must be revised to include the signature and seal of the land surveyor.
b. Revise sheet PH-1 to reflect updated language to Phasing Note 3.
4. The applicant must receive final wastewater and water allocations prior to issuance of a zoning permit.
5. Hydrants must be installed and tested before construction/ framing can be started, unless there is an existing
hydrant located within 300 feet of the structure which is readily accessible by fire fighting equipment.
6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and
service modifications must be underground.
7. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of the
South Burlington Land Development Regulations. In addition, the grading plan must meet the standards
set forth in Section 16.04 of the South Burlington Land Development Regulations.
8. The association documents related to the common land must include provisions that indicate the useable
portions of this land are to be available to all residents in the PUD. Association documents must also
include provisions for maintenance of the land. The full association documents must be submitted for
review prior to issuance of the first zoning permit for the property.
9. The applicants must notify all buyers in the subdivision that the public street will potentially be continued in the
future as a through -road and a statement to this effect must be placed in the covenants and a copy submitted
prior to issuance of the first zoning permit.
10. The applicant must post a $147,510 landscaping bond for the street trees prior to issuance of the zoning
permit for road construction and a $337,900 of landscaping bonds for unit landscaping. The applicant may
post bonds for unit landscaping for fewer than the total number of units according to a phasing scheme to
be agreed upon with the administrative officer. These bonds must remain in full effect for three (3) years
from planting to assure that the landscaping has taken root and has a good chance of survival.
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11. Any proposed utility cabinets must be approved by the Development Review Board prior to installation.
12. There will be no use of herbicides or pesticides, nor non -organic fertilizers, within the wetlands or
associated 50 foot buffers. This will be reflected in the association documents which will be reviewed by
the City Attorney prior to issuance of a zoning permit for the first building on the property.
13. The applicant will be responsible to regularly maintain all stormwater treatment and conveyance
structures on -site.
14. Prior to recording the final plat plans, all appropriate legal documents including easements (e.g.
irrevocable offer of dedication and warranty deed for the proposed public road, and utility, sewer,
drainage, and water, etc.) will be submitted to the City Attorney for approval and recorded in the South
Burlington Land Records.
15. Pursuant to Section 15.17 of the Land Development Regulations, the applicant must submit a Certificate of
Title showing the ownership of all property and easements to be dedicated or acquired by the City to be
approved by the City Attorney prior to recording the mylars.
16. The mylars must be recorded prior to any zoning permit issuance.
17. In accordance with Section 15.14(E) (2) of the Land Development Regulations, within 14 days of the
completion of the public facilities and improvements, the developer must submit to the City Engineer "as -
built" construction drawings certified by a licensed engineer.
18. The applicant must obtain a zoning permit for the first home within six (6) months of this approval. The
Development Review Board grants a period of seven (7) years for approval of the remainder of the homes.
19. Prior to start of construction of the public facilities and improvements, the applicant must post a bond in
the amount of $5,560,624.85 or another amount as determined by the Director of Public Works.
20. Prior to issuance of a zoning permit for the first lot or start of utility or road construction, the applicant must
submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format.
21. Street trees must be in place along the street prior to adding the final layer of the pavement.
22. All exterior lighting must be downcast and shielded, and otherwise comply with Section 13.07 of the SBLDR.
23. The final plat plans (PL-1, PL-2, PL-3 and PL-4) must be recorded in the land records within 180 days or this
approval is null and void. The plan must be signed by the Board Chair or Clerk prior to recording. Prior to
recording the final plat plan, the applicant must submit a copy of the survey plat in digital format. The
format of the digital information will require approval of the South Burlington GIS Coordinator.
24. Parking in front of homes within the right-of-way is acceptable, but parking must not take place across the
sidewalk or within the street except as specifically approved as on -street parking.
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25. The definitions and limitations of the "OBBA Design Memorandum for Home Farm," provided by the
applicant on July 27, 2017 and duplicated below, shall be a condition of this approval.
OBBA Design Memorandum for Home Form
In addition to the minimum legal requirements as outlined in the May 12, 2003 City of South Burlington
Land Development Regulations, as amended June 27, 2016, in order to ensure a mix of housing styles, the
Applicant agrees to the following additional limits:
(1) Definitions:
a) Color Palate: The color palate is comprised of;
i) Primary siding color;
ii) Accent siding color;
iii) Roofing color;
iv) Trim Color;
v) Colored accents such as shutters or door and window frames; and
vi) Front door color.
b) Identical Elevation: Is a home that does not include at least two Variations, as defined herein,
c) Elevation: a front facing home configuration identified on Architecture Sheets 1 through 12
d) Palate of Materials: The palate of materials includes the primary siding, and any of the following
additional items:
i) Accent siding;
ii) Masonry;
iii) Porch railings or stair railings;
iv) Presence or absence or style of shutters;
v) front door location or style;
vi) Windows location or pane configuration;
vii) Garage door panel style or number, and
viii) Cornices and decorative trim.
e) Variation: Variations to a home include:
i) Mirroring of the home plan;
ii) Changing the color of at least four elements of the home color palate,
iii) Modifying a gable location or style;
iv) Modifying the window number or placement,,
v) Modifying the roof lines; and
vi) Changing at least four elements of the Palate of Materials on the front facing fa�ode. This includes
changes in type or look of elements. For instance, changing from hori2ontol lap siding to shape
siding, even if both are made of the some material.
(2) Specific Neighborhood Limitations:
a) Identical Elevations as provided in Architecture Sheets 1 through 12 without Variations may not be
constructed on adjoining lots or facing one another across the street.
b) No Identical Elevation shall be repeated more than two times on Lourentide Lane,
c) No Identical Elevation shall be repeated more than two times on Ledge Way.
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d) No Identical Elevation shall be repeated more than two times on Split Rock Court.
e) No Identical Elevation shall be repeated more than three times on Two Brothers Drive.
f) No Identical Elevation shall be repeated more than 3 times on the downhill side of O'Brien Farm Rood.
g) No Identical Elevation shall be repeated more than 3 times on the uphill side of O'Brien Form Rood.
h) No single color palate shall be repeated more than ten times in the subdivision without variation to at
least two elements within the color palate regardless of elevation.
26. The phasing notes included on plan sheet PH-1 and duplicated below outlining the infrastructure elements
tied to each housing unit phase shall be a condition of this approval.
1. Phase land Phase 2 will commence immediately after full subdivision permits are issued. They moy
commence in tandem, or separately, but they will be the first two phases that Applicant begins
construction upon.
2. Applicant reserves the right to limit access to certain areas of parks or pedestrian trails temporarily as
needed for construction safety.
3. Pork amenities included in Phase 8 of the Landscape Phasing Pion (Sheet LO.0) will be constructed prior
to issuance of the 60`n unit's zoning permit. Park amenities in Phase 8 of the Landscape include play
structures, grading, and landscaping. Park amenities included in Phase 9 of the Landscape Phasing
Plan shall be constructed within 3 years of the date of the issuance of the first zoning permit or prior to
the zoning permit for the 60`" unit, whichever comes first.
4. Trails surrounding the stormwoter pond included in Phase 2B of the Londscape Phasing Plan (Sheet
LOA will be constructed no later than 1 year after permitting of all horses in Phase 2 or when no new
zoning permits for Phase 2 are issued for greater than one year, provided at least 50% of the units in
Phase 2 are hove zoning permits, whichever is sooner. Temporary pedestrian access to these trails via
on unpaved path or paths will be provided prior to construction of Phase 4.
5. Phase 6 will be constructed simultaneous with a building on Lot 10, Lot 11, Lot 12, Lot 13, Lot 14, or Lot
15. This will require issuance of on additional permit for site plan review on one of these lots. Phase 6
will not occur unless a future site plan for one of these lots is approved and a building on one of these
lots is built. Phase 6 will include the construction of all improvements on Kennedy Drive, including the
new traffic signal.
6. Phase 7 will be constructed simultaneous with the construction of a building on Lot 11 or Lot 13.
Temporary pedestrian access to Old Farm Rood via an unpaved path at the north end of O'Brien Form
Road will be provided prior to the construction of Phase 7 but after the majority of homes in either
Phase 4 or Phase S have zoning permits. Permanent pedestrian access to Old Farris Rood will be
provided after the construction of Phase 7 or if no new permits in Phase 7 ore issued for greater than
one year.
7. Prior to the construction of the 50`" unit accessed on Two Brothers Drive, remaining phases will be
constructed such that no more than 49 units are located on a dead-end street as required by the
Regulations. This would include the connection to either Kennedy Drive, or O'Brien Farm Road/Eldredge
Street. It would be up to the Applicant which connection to create, based on market conditions and the
status of the Project at that time.
8. Applicant reserves the right to install any and ail haul roads, construction staging areas, or other
construction related facilities in any location at any time on the Project site, in order to facilitate
construction.
A. Final sidewalk construction may be delayed until the majority of homes in a phase are
complete to avoid damage. In the event of such a delay, the applicant shall provide
designated multimodal access across firm and level surfaces to constructed homes, and
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C
shall complete final sidewalk construction if there is a delay of more than one year
between permitting of homes within the some phase.
& Street tree planting may be delayed adjacent to completed homes until the majority of
homes in a phase are complete, or no additional zoning permits are issued in that phase for
greater than one year. Street trees adjacent to buildings riot yet constructed may be
delayed until buildings are constructed.
C. Other infrastructure construction process and timing decisions may be modified with
approval of the Director of Public Works.
9. Intersection improvements at Eldredge Street and VT Route 115 as described in Vermont Agency of
Transportation State Highway Access and Work Permit ID# 41792 will be constructed in 2015,, provided
Applicant has received approval to begin construction of Phase IA.
10. The two pedestrian paths perpendicular to Two Brothers Drive extending to the east towards Cold Farm
Rood shall be constructed when the 5.9" unit is permitted or when units adjacent to the proposed path
are constructed, whichever comes first. Unless the Phase that includes such path as identified on Sheet
PH-1 is not yet constructed, in which case the paths will be constructed simultaneous with the
infrastructure phase in which they are included. These paths shall terminate in an informal mowed
path maintained by the applicant extending to Old Farm Road until such time as construction
commences in Existing Lots 4 and 5.
27. The Board approves the following waivers:
Height and number of stories facine the street to be ereater than 28 feet and three (3) stories
Height equal to or less than the number of feet listed in the Building Height column of the
Building Height Worksheet plus two (2) feet (Example: Building 1 lists 32.74 feet in the Building
Height column and therefore the waiver would allow a building height equal to or less than
34.74 feet)
Up to three (3) stories below the roofline facing the street on Buildings 75-96
Front vard setbacks
c. Six (6) foot front setback for houses on O'Brien Farm Road and 11 foot front setback for garages
on O'Brien Farm Road
d. Six (6) foot front setback for houses and 11 % foot front setback for garages on Two Brothers
Drive south of O'Brien Farm Road.
e. Five (5) foot front setback for houses and 10 foot front setback for garages on Laurentide Way,
Ledge Way and Split Rock Court.
Rear yard setbacks
The applicant provided a chart showing the setbacks for each footprint lot they are proposing. Thirty of
the 118 footprint lots showed a need for a rear yard setback waiver. Since footprint lots do not exist for
the purposes of the Land Development Regulations, the Board will instead refer to requests for rear yard
setbacks for buildings. The applicant has requested rear yard setbacks as follows.
f. 25 feet on Buildings 1-5, 27-30, 44-45, 48, 63, 73, and 95-96
g. 27 feet on Buildings 22 and 49, 13 feet on Building 46
h. 14 feet on Building 47
i. 26 feet on Building 63
j. 20 feet on Building 64
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k. 24 feet on Building 65
I. 21 feet on Building 66
m. 22 feet on Building 67
n. 27 feet on Building 68
o. 27 feet on Building 73
p. 19 feet on Buildings 74 and 75
q. 20 feet on Building 76
r. 28 feet on Building 95
s. 26 feet on Building 76
Other Waivers
Recreation impact fee waiver of $8,364
28. Any stormwater permit required from the Vermont Department of Environmental Conservation (DEC)
Stormwater Division shall be provided to the Administrative Officer prior to issuance of the first zoning
permit.
Mark Behr
Yea
Nay
Abstain
Not Present
Matt Cota
Yea
Nay
Abstain
Not Present
Frank Kochman
Yea
Nay
Abstain
Not Present
Bill Miller
Yea
Nay
Abstain
Not Present
David Parsons
Yea
Nay
Abstain
Not Present
Jennifer Smith
Yea
Nay
Abstain
Not Present
John Wilking
Yea
Nay
Abstain
Not Present
Motion carried by a vote of 5 — 1 — 0
Signed this 17 day of August 2017, by
Bill Miller, 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 with the Superior Court, Environmental Division. See
V.R.E.C.P. 5(b). A copy of the notice of appeal also must 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 802-951-1740 or https://www.vermontjudiciary.org/environmental
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.
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