HomeMy WebLinkAboutSD-16-13 - Decision - 0255 Kennedy Drive#SD-16-13
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
O'BRIEN FAMILY LIMITED PARTNERSHIP & O'BRIEN HOME FARM, LLC — 255 KENNEDY DRIVE
PRELIMINARYAND FINAL PLAT APPLICATION #SD-16-13
FINDINGS OF FACT AND DECISION
Preliminary & final plat application #SD-16-13 of O'Brien Family Limited Partnership & O'Brien Home
Farm, LLC to subdivide a 49.9 acre parcel into eight (8) lots ranging in size from 1.94 acres to 13.51 acres,
255 Kennedy Drive.
The Development Review Board held a public hearing on June 21, 2016 and August 23, 2016. 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 Family Limited Partnership & O'Brien Home Farm, LLC, seeks to subdivide two
(2) existing lots totaling 49.6 acres into eight (8) lots ranging in size from 1.94 acres to 13.51 acres,
255 Kennedy Drive.
2. 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 May 12, 2016.
4. The property lies within the Residential 12, Commercial 1— Limited Retail, & Residential 1— PRD
Zoning Districts.
5. The plan submitted consists of one (1) page titled "Final Plat O'Brien Family, LLC & O'Brien Home
Farm, LLC" prepared by Krebs & Lansing Consulting Engineers, Inc., and dated 5/9/2016.
6. The subdivision creates eight (8) new lots as follows:
Lot 4, O'Brien Home Farm, LLC, 7.71 acres
Lot 5, O'Brien Home Farm, LLC, 8.75 acres
Lot 6, O'Brien Home Farm, LLC, 1.99 acres
Lot 7, O'Brien Family LLC, 1.94 acres
Lot 8, O'Brien Family LLC, 7.4 acres
Lot 9, O'Brien Home Farm, LLC, 2.23 acres
Lot 10, O'Brien Family LLC, 6.03 acres
Lot 11, O'Brien Home Farm, LLC, 13.51 acres
Zoning District Density Allowances and Dimensional Standards
#SD-16-13
Minimum lot size requirements (which vary depending upon the proposed use) are met for all eight (8)
proposed lots. The applicant will be seeking an approval such that all the lots would be treated as one
(1) lot under the Land Development Regulations, which will necessitate a Notice of Condition to that
effect.
Subdivision Standards
15.10 Lot Layout
A. Lots shall be laid out in such a way that they can be developed in full compliance with
these land development regulations, and giving consideration to topography, soils, and drainage
conditions.
B. Except within the City Center FBC District, the following standards shall apply: Corner lots
shall have extra width to conform to setbacks on each street. No subdivision showing any
reserved strips shall be approved. A width to length ratio of one to five (1:5) shall be used as a
guideline by the Development Review Board in evaluating lot proportions. Developments
consisting predominantly of square or roughly square lots or lot with an excessive length to
width ratio (i.e. spaghetti lots) shall not be approved.
The lots would be treated as one (1) lot under the Land Development Regulations, therefore the lot
layout standards do not apply.
Access
In accordance with Section 3.05(B):
(2) The Development Review Board may approve subdivision or development of lots with no
frontage on a public street, as long as access to such a street by a permanent easement or right-
of-way at least twenty (20) feet in width is provided, according to the following procedures:
(a) ...
(b) ...
The proposed lots could be accessed via frontage on Eldredge Street, Kennedy Drive, Old Farm Road, a
proposed 60 ft. wide mutual access easement to Lots 6 & 7, and a proposed 60 ft. wide access easement
to Lot 9.
DECISION
Motion by John Wilking, seconded by Jennifer Smith, to approve preliminary and final plat application
#SD-16-13 of O'Brien Family Limited Partnership & O'Brien Home Farm, LLC, subject to the following
conditions:
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.
#SD-16-13
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.
4. For purposes of the LDRs, all lots included in this subdivision shall be considered one (1) lot. The
applicant shall record a "Notice of Condition" to this effect which has been approved by the City
Attorney prior to recording the final plat plan.
5. The mylar must be recorded prior to any zoning permit issuance.
6. The applicant must submit to the Administrative Officer a final set of project plans as approved in digital
(PDF) format.
7. The final plat plans (Survey Plat) 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.
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
Motion carried by a vote of 5— 0 — 0.
Signed this 25th day of August 2016, by
Bill Miller, Vice -Chair
Nn+ Pracant
Not Present
Not Present
Not Present
Not Present
Not Present
Not Present
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 802.879.5676 to speak with the regional Permit Specialist.
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