HomeMy WebLinkAboutMP-17-01 - Decision - 0255 Kennedy Drive#M P-17-01
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
O'BRIEN FARM ROAD, LLC-255 KENNEDY DRIVE
MASTER PLAN APPLICATION #MP-17-01
FINDINGS OF FACT AND DECISION
Master plan application #MP-17-01 of O'Brien Farm Road, LLC to amend a previously approved master
plan 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. The amendment is to revise the language of the previous approval
regarding pedestrian easements and clarifying language regarding future reviews where site plan review
is only required, 255 Kennedy Drive.
The Development Review Board held a public hearing on July 18, 2017. The applicant was represented
by Andrew Gill and Evan Langfeldt.
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 Farm Road, LLC, seeks to amend a previously approved master plan 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. The amendment is to revise the language of the previous approval
regarding pedestrian easements and clarifying language regarding future reviews where site plan
review is only required, 255 Kennedy Drive.
2. The owners of record of the subject property are O'Brien Family Limited Partnership and O'Brien
Home Farm, LLC.
3. The purpose of the amendment is to clarify the wording of two permit conditions.
4. The subject property is located in the Residential 12, Commercial 1 with Limited Retail, and
Residential 1-PRD Zoning Districts.
5. The application was received on June 2, 2017.
6. The plan submitted consists of one (1) page dated November 21, 2016, titled "Master Plan," and
prepared by Krebs & Lansing Consulting Engineers, Inc.
A) APPROVAL AND AMENDMENT OF MASTER PLAN
Pursuant to Section 15.07(D) (3) of the South Burlington Land Development Regulations, "any
application for amendment of the master plan, preliminary site plan or preliminary plat that deviates
from the master plan in any one or more of the following respects, shall be considered a new application
for the property and shall require sketch plan review as well as approval of an amended master plan:
#M P-17-01
a) An increase in the total FAR or number of residential dwelling units for the property subject to
the master plan;
b) An increase in the total site coverage of the property subject to the master plan;
c) A change in the location, layout, capacity or number of collector roadways on the property
subject to the master plan;
d) Land development proposed in any area previously identified as permanent open space in the
approved master plan application; and/or
e) A change that will result in on increase in the number of PM peak hour vehicle trip ends
projected for the total buildout of the property subject to the master plan.
None of these criteria apply, and so a new sketch plan review is not needed.
B) PLANNED UNIT DEVELOPMENT STANDARDS
Not applicable as part of this review. Please see the decision on the original master plan (MP-16-03) for
details.
C) SITE PLAN REVIEW STANDARDS
Not applicable as part of this review. Please see the decision on the original master plan (MP-16-03) for
details.
AMENDMENTS TO WAIVERS AND CONDITIONS FROM MP-16-03 APPROVAL
When this master plan was approved (MP-16-03), the applicant requested and received several waivers
and findings. The applicant is now seeking to change the wording of one waiver and one finding, to
clarify their intent.
1. The applicant's request to waive the requirements of Section 15.12(M)(5)
The Board granted the following waiver in their decision re: MP-16-03.
4.c. If off -road pedestrian paths are developed during the first phase of project construction then
the requirements of Section 15.12(M) (5) will not applicable within the Master Plan area.
The applicant feels that this language makes it unclear whether the off -road paths must all be built
when the first road is constructed, or whether the construction of the pedestrian paths can be phased.
The applicant suggested the following new language:
"Subject to the approval of construction phasing, including the timing of construction for the
off -road pedestrian paths at Preliminary or Final Plat, the requirements of Section 15.12(M)(5)
will not be applicable within the Master Plan area.
The Board will add the following language to further clarify:
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#M P-17-01
"The requirements of Section 15.12(M)(5) will not be applicable within the Master Plan area, provided
that the construction of off -road pedestrian paths is completed within the first project permitted under
this Master Plan. Timing for the construction of these off -road pedestrian paths will be determined at
the Final Plat level."
2. The Applicant's request for the Board to find "that site plan review only (rather than PUD review)
is necessary for single structures on single lots and associated parking on separate lots."
The finding as written allows a waiver of site plan review only if parking for a building is located entirely
on a separate lot. This is not the intent of the finding.
The applicant suggested the following new language:
"Site plan review will only be required when a development review application is proposed for a
single structure and associated parking on a single lot, or for a single structure on a single lot
with parking shared on multiple lots including the lot where the structure is located, within the
Master Plan."
The Board will add the following language to further clarify:
"When a development review application is submitted for a single structure on a single lot,
served by either on -site parking, shared parking or parking off -site within the Master Plan area,
only a site plan review will be required."
nFricinw
Moved by Matt Cota, seconded by Jennifer Smith, to approve Master Plan application #MP-17-01 of
O'Brien Farm Road, LLC, subject to the following conditions:
1. All previous approvals and stipulations will remain in full effect except as amended herein.
Mark Behr
Yea
Nay
Abstain
Matt Cota
Yea
Nay
Abstain
Frank Kochman
Yea
Nay
Abstain
Bill Miller
Yea
Nay
Abstain
David Parsons
Yea
Nay
Abstain
Jennifer Smith
Yea
Nay
Abstain
John Wilking
Yea
Nay
Abstain
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Not Present
Not Present
Not Present
Not Present
Not Present
Not Present
Not Present
#M P-17-01
Motion carried by a vote of 7 — 0 - 0.
Signed this 19 day of July 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 to the Superior Court, Environmental
Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also 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 802-828-1660 or
http://vermontjudiciary.org/GTC/environmental/default.aspx 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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