HomeMy WebLinkAboutAgenda 05B_SD-18-34_255 Kennedy_OBrien Farm Rd LLC_plans1
South Burlington Development Review Board
C/o Ms. Marla Keen, Development Review Planner
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Re: Application for Development Review Hillside at O’Brien Farm
Dear Board Members:
O’Brien Farm Road, LLC (“Applicant”) is filing for Sketch Plan Review for a proposed
development of approximately 322 multi-family dwelling units, a 2,000-6,000 square foot accessory
tenant amenity building (to include an in-ground outdoor swimming pool and interior amenity space), a
footprint lot for a future commercial office or potential limited retail use, as well as associated parking
(including construction of a parking deck), landscaping and stormwater improvements. This proposed
development will be located on six existing lots adjacent to Kennedy Drive and Kimball Avenue and will
make use of road networks and improvements permitted in City of South Burlington Final Plat Approval
SD-17-17 (the “Final Plat” or the “Final Plat Approval”), as well as South Burlington Master Plan Approval
MP-16-03, as amended at MP-17-01 (collectively herein the “Master Plan” or the “Master Plan
Approval”), hereafter referred to as the “Project.” A Sketch Plan review application for the Project is
attached as Exhibit 001. A check for the requisite fee is also enclosed. Please note that we have
included $.02/square foot for the maximum proposed square footage of the tenant amenity building in
this fee at the request of the City, and that this is not in any way intended to characterize the proposed
structure as other than an accessory use that is requested.
Attached as Exhibit 002 to this Application, please find a site plan for the Project which meets
the requirements outlined at Appendix E of the City of South Burlington Land Development Regulations
adopted May 12, 2003, with Amendments adopted Jul 16, 2018, Effective August 6, 2018, hereafter the
“Regulations.” The below narrative, required per Appendix E of the Regulations is broken into the
following sections for your convenience and ease of reference:
I. Parcel and Project Background Summary of Master Plan Findings;
II. Detailed Project Description;
III. Existing Findings of Fact Proposed Focus of Current Review;
IV. Discussion of Key Issues for Sketch Plan Review (Height Waiver Requested);
V. Conclusion.
We appreciate your review and consideration of the application put forward. Please note that
key questions for your review are in bold italic print for ease of reference. As discussed herein, we
believe that this Project is in keeping with the spirit of the Master Plan and Final Plat approvals issued in
2017. We are excited to bring this phase of the Project forward, and we are looking forward to working
with you all to permit and construct this project expeditiously.
I. Parcel and Project Background Summary of Master Plan Findings.
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As mentioned above the Project is currently outlined in significant detail in two previous permits
issued by the South Burlington Development Review Board (the “Board”). The Master Plan Approval
and the Final Plat Approval, Exhibit 003 and Exhibit 004 to this Application. The Master Plan approval is
the overarching permit which contemplated the Project. Given this, key findings of the Master Plan are
summarized below.
A. The Master Plan Approval was issued on February 9
th, 2017 and was subsequently amended
on July 19th 2017.
B. The Master Plan contemplated the development of 458 dwelling units and up to 45,000
square feet of commercial space in total. So far, 118 single family and duplex style
townhomes have been permitted, leaving a balance of 340 dwelling units and 45,000 square
feet of commercial space within the Master Plan area for use in the six commercial lots
currently being discussed.
C. The Master Plan defined open space and street networks for the Project area that
contemplated the full build-out of 458 dwelling units and 45,000 of commercial space.
D. In the Master Plan the Board found that “pedestrian circulation patterns, street layout and
open spaces as proposed at the Master Plan level [are] acceptable.”
E. The Master Plan allowed encroachment into known Class III wetlands, specifically relevant
to the Project proposed now, as a Class III wetland is present on the Project lots.
F. The Board found that the Master Plan proposed a combination of housing that is
“compatible with the neighboring areas.” This is particularly important as the Master Plan
did contemplate and reference large buildings where the Project is currently proposed.
G. Of importance, and contemplated in the above-referenced finding regarding neighborhood
compatibility, the Board found in the Master Plan that: “it is supportive of increased height
in those zones.” “Those Zones” referring to Zones 2A and 2B of the Master Plan, which are
the lots currently discussed in the Project.
H. The board found that the cost of ornamental grasses and perennials could be used to meet
the landscaping budget minimums of projects within the Master Plan. These will surely be
proposed as part of future landscape plans.
I. The Board waived the requirement of sketch plan review. We are nevertheless proceeding
with sketch plan review because we are hoping for some guidance from the Board on the
proposed height waiver and the general direction of the Project.
J. The Board waived the requirements of Section 3.06(I)(1), which required large landscape
buffers in certain locations. None will be proposed.
K. The Board waived the requirements of Section 15.12(M)(5) which required permanent
pedestrian easements through blocks of 600 feet or more in length. No additional
easements are now proposed, and none are required.
L. The Board issued a waiver for buildings greater than five stories in height to have six-foot
front setbacks. Current setbacks are in line with this waiver, though no structures greater
than five stories are proposed.
M. The Board found that site plan review only (not PUD review) was required when reviewing a
single structure proposed on a single lot in the Master Plan.
N. The Board found that Preliminary Plat Review is not required when requesting an
amendment to an already approved final plat.
As outlined above, the Project makes use of many of the findings from the Master Plan as the
basis for what is proposed. The Board may well recall the extensive conversations we had regarding the
need for increased building height during the Master Plan hearings in order to achieve the desired
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density of the Master Plan area as identified as an objective in the Comprehensive Plan and Land
Development Regulations. The Project currently does propose increased building heights to allow for
the density of the Master Plan to be achieved. This is consistent with the conversations that we had
during the Master Plan permit process, and consistent with the goals of the Comprehensive Plan.
II. Detailed Project Description
A. Building Types:
As mentioned above the Project proposes the construction of approximately 322 dwelling units
which will be located in six buildings. The buildings will be a combination of one and two-bedroom
apartments, with floor plans ranging from approximately 500-1,250 square feet. Overall there will be
three distinct building types which are labeled on the Site Plan attached at Exhibit 002. These three
distinct building types will be repeated in different locations; however, it is anticipated that color palette
variations and the variety of form and mass will give each building a distinct but cohesive presence. It is
also the case that each building will set up slightly differently with its surroundings given the contours of
the land.
In addition to the six apartment buildings, two additional structures are proposed. An accessory
use tenant amenity building will be located at the top of the hill on a plateau with views to the northeast
and west. This building is planned to be architecturally consistent with the apartments and will include
a pool, outdoor lounge area, and other tenant amenities. It is expected that residents will primarily walk
to this centralized location from their nearby residences and so only a few additional parking spaces are
provided. This is both an efficient use of land as well as a reduction in the project’s impervious surface
requirements.
There is also a placeholder on the site plan for a small office building on the corner of Kennedy
and Two Brothers Drive. We are hopeful that this building can house some accessory tenant amenities
and services on the first floor, and some office space that will be available to rent on the second and/or
third floor. We believe that any commercial use in this building can share parking with the apartments
as they will operate at different times. Currently the project will seek approval for a footprint lot in this
location, with the provision for up to 15,000 square feet of office/commercial space. No specific
structure is proposed at this time.
B. Project Land/Slope:
As the Board well knows, the Project site is a “Hillside,” and as such there are significant grading
challenges present. The Board should think of each building shown as having a ground level that is
exposed on the Kennedy Drive side (west elevation), but below grade on the Old Farm Road side (east
elevation). Similarly, the parking deck proposed will be entered on the low side for the first level, but
will be at grade with the building entrance to the east/Old Farm Road side. The proposed accessory
tenant amenity building would also be two stories facing the street. This walkout configuration for all
of the buildings does add complexities to the height limitations faced by the Project and the need for a
height waiver in certain areas.
C. Deviations with Approved Final Plat and Master Plan:
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There are a few deviations from the original Master Plan and Final Plat approval which are
worth noting, and which will be included in future applications. Amendments to those approvals will
need to be filed simultaneous with Preliminary Plat as needed to achieve the goals of the Project. The
changes proposed are fairly minor, and consist of:
1. The addition of land to the Master Plan area that was set aside in the “remaining lands,” for
the parking located to the north of the parking deck and to facilitate the entrance to the
underground parking proposed for Lot 15, as well as the addition of land from the
remaining lands to accommodate the location of the proposed tenant amenity building.
2. We have included a few more head-in parking spaces off of Two-Brothers Drive, proximate
to the proposed tenant amenity building which we believe will require a minor amendment
to the Master Plan, which only showed six spaces in this location.
3. We have added on-street parking to O’Brien Farm Road in front of each commercial
building to allow for more visitor parking in the Project site. The recreation path that has
been approved remains, but has been widened to 9’ in order to ensure that bikers have
plenty of room to avoid car doors as the parking would be adjacent to the proposed
recreation path. The street trees formerly proposed between the recreation path and the
street would likely be relocated to the building side, or potentially some planters or other
more urban amenity will be added.
Absent the above-referenced deviations, the Project is in line with what was reviewed and
permitted by the Master Plan and Final Plat.
D. Building Size and Locations:
The City determines height based on the average “pre-construction grade” of the Project site.
This calculation is difficult to complete on a project of this scale and is also not very telling as to the real
perceived impacts of the Project. In our case, the site will be raised as much as 8 feet in certain spots
with fill, and will similarly have areas where 6-8’ of fill is cut out and removed. This is to line up with the
road that the Board and City have already approved, and to evenly grade the site such that it lines up
with the Hillside neighborhood, which is also approved and under construction. For this reason, pre-
construction grade heights are not particularly useful. A building on an 8’ fill will appear very short, and
a building in an 8’ cut will appear very tall. While we can and will calculate these details for future
hearings as needed to issue specific waivers in line with the Regulations, for the purpose of this
discussion, we would like to focus on the impacts as they will be perceived, not relative to a baseline
that will change.
As outlined on the site plan, the structures proposed will be at most four occupiable stories over
a podium base, meaning four stories of residential over a parking garage level that is exposed on one
side. As discussed above, that parking level would be visible from the downhill (Kennedy Drive) side,
and underground when viewed from the uphill side. Where you are standing will dictate how tall the
building appears. The buildings are still being designed, but their current design has flat roofs such that
mechanical equipment may be located on the rooftops, freeing up more space in the limited open areas
on site for landscaping and tenant space. Similarly, the Applicant is working closely with its Architect to
develop methods for screening the underground parking on the downhill side of each building.
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As you will see, the Applicant has been careful to continue the pattern of stepping up density as
we move away from the existing residential homes on Eldredge Street. In keeping with the pattern of
the Master Plan, we have proposed a three-story building as the first component heading north on
Kennedy Drive. We have also used a standalone office lot to break up the mass of the larger four-story
buildings proposed, which we have set back from Kennedy Drive fairly substantially. A pond and a
significant amount of landscaping are also proposed in the buffer for screening and transition purposes,
which will further reduce building impacts as perceived from Kennedy Drive. The required landscape
budget for this project will be quite extensive, therefore, the Applicant is confident a very strong
landscape buffer can be established along Kennedy Drive, and the Applicant will present that plan at
future hearings. The two buildings on the highest part of the site (visible from Old Farm Road) are
proposed at three stories as well. Lastly, the building that abuts our duplex homes is proposed to step
back, being three stories adjacent to the duplexes and then stepping up to four stories in the middle.
Important to note is that those duplexes on the downhill side of the street are 2-stories at the east
(street) elevation and 3-stories at the west elevation. On the uphill side of the street those duplexes are
3-stories on the west (street) elevation and 2-stories on the east (uphill) elevation. The Applicant has
provided renderings to illustrate the mass, locations and slope of the land, parking and buildings
proposed, and will discuss those renderings in detail later in this application.
E. Parking Requirements and Parking Proposed:
The Applicant has attached a spreadsheet at Exhibit 011 which outlines the parking proposed in
the Project by building lot, as well as the parking required by the Regulations by building lot. The
spreadsheet outlines the number of dwelling units (one and two bedroom) and provides for the
calculations required to conform to the requirements listed at Table 13-1. As you will see, the Project is
proposing sufficient parking on each lot to meet the requirements of the Regulations. Additionally, the
Project is proposing 39 on-street parking spaces that are not included in this calculation. The Applicant
believes that this is sufficient parking for the needs of the Project.
As part of future applications, a shared parking analysis may, if requested, be conducted to
confirm that the site can support the small office structure proposed. At this time the Applicant is
confident that the impacts of shared parking for any commercial/office use will be negligible.
III. Existing Findings of Fact Proposed Focus of Current Review;
As outlined above, the Project has already undergone extensive review within the Master Plan
and Final Plat process and deviations from that plan are few. Below we have outlined the PUD review
criteria listed at Section 15.18(A). For each criterion we have outlined the previous finding, and any
proposed changes that would impact that finding. As you will see, many of these criteria have already
been reviewed, and the Applicant is hopeful that those items can be left out of future applications.
We would request that the board provide an indication at this Sketch Plan as to whether they
concur that noted items are settled, such that we may focus our attention in future applications on a
more limited scope to help facilitate a more in-depth discussion on the items that are proposed or
changing, and avoid rehashing items that are settled in existing permits.
(A)(1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of
the project.
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The Final Plat and the Master Plan did not reserve sewer capacity for the currently proposed
Project. Given this, preliminary allocations will be obtained and submitted. Applicant does not
anticipate any issues with meeting this criterion.
(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 Final Plat and the Master Plan did not propose specific erosion control measures for the
current Project. This criterion will be address in detail in future applications and will be met.
(A)(3) The project incorporates access, circulation, and traffic management strategies sufficient
to prevent unreasonable congestion of adjacent roads.
The Applicant submitted a traffic study dated August 8, 2016, which is attached to this letter as
Exhibit 006. The Applicant also submitted a letter dated November 17, 2016, which is attached to this
application as Exhibit 007. The traffic impact study taken jointly with the letter dated November 17,
2016, clearly indicated that 458 dwelling units and 45,000 square feet of commercial space could be
developed with 428 PM peak hour trips. It found that the roads, lights, crosswalks, etc., proposed and
approved in the Final Plat were adequate for this trip generation.
This report prompted a finding by the Board which states: “A traffic study dated August 8, 2016
was prepared by Lamoureux and Dickinson. The Board concurs with its findings and considers this
standard met.” The Project currently proposes 322 apartments and less than 45,000 square foot of
commercial space. Given this, the previous approvals will not be exceeded and the Applicant believes
this standard is met. Please confirm the Board’s concurrence.
(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.
The Project currently proposes no changes or additional impacts to wetlands, streams, etc. The
Project site is already cleared, environmentally sensitive areas were delineated in the Master Plan and
Final Plat and conserved, and no new impacts are proposed. Given this, we believe this criterion is met.
Please advise if the board feels that additional information is required on this criterion.
(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.
In discussing this Criterion, the Board stated in the Final Plat:
“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 LDR’s. 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
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the project and its components are designed to be compatible with planned development
patterns.”
As discussed extensively during the Final Plat, the residential housing component of Hillside at
O’Brien Farm (currently under construction), enabled a transition from the existing development pattern
of single family and townhomes, to the Master Plan proposed dense residential development, where the
density of the zoning district would be achieved. This finding explicitly states the Board’s desire that the
underlying density of the land be achieved. The only way to make the transition work, and to be
compatible with surrounding projects, was to cluster a majority of the density in the land to the north
side of the Project parcel, where no current development pattern existed. In order for this to work, we
discussed extensively at the time that a height waiver would be needed. This Project proposes that
height waiver, although to a lesser degree than was discussed during the Master Plan permit hearings,
as well as a project that will create nearly the full density potential of all of the underlying land within
the Master Plan. Given this, we request that the Board will plan to limit review of this criterion to
visual compatibility, as it seems very clear that the zoning district intentions are being fulfilled, per the
previous findings of the Board.
(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 Master Plan and Final Plat confirmed open space areas, trail connections, sidewalk and
pedestrian connections contemplating the full build-out of 458 residential units and up to 45,000 square
feet of commercial space. The Master Plan and Final Plat specifically contemplated development where
the Project currently proposes it. Given this, we request that the Board confirm that this criterion is
met, and that the previous findings regarding open space still control.
(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.
The layout of the major roads and lots that are part of the Project was reviewed by the Fire
Chief. The current Project proposes only one minor changes to that layout which involve the addition of
on street parking. The Applicant believes that review of this criterion should therefore be limited to the
impacts of the proposed new parking, as well as site plan review for the individual buildings and parking
areas proposed. We will look forward to the comments of the Fire Chief on this subject, and will
incorporate suggestions into future applications as required.
(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.
All roads, recreation paths and stormwater facilities that were part of the Master Plan and Final
Plat have been fully evaluated under this criterion and approved. We are not proposing any
modification to those approved roads, paths or stormwater ponds that would impact the extension of
such services. These paths will flow through the site as outlined in the Master Plan and Final Plat. Given
this, we believe this criterion is met and request the Board confirm they concur.
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(A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner t
hat 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.
All roads, utilities, sidewalks, recreation paths and lighting within this project have been
reviewed and approved in the Final Plat and Master Plan. Street lights, sidewalk widths, intersection
and road widths, road grades, curvature, etc., were evaluated and reviewed in detail. The Project
currently proposes a majority of work that is the construction of driveways and parking areas only. The
only changes to the road network planned are the addition of some on-street parking. We would
request that review under this criterion be limited to the additional parking proposed only. We will
certainly work with the Director of Public Works to confirm that the proposed changes are workable,
and will make any changes required.
(A)(10) The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
In the Final Plat the Board specifically found that the parkland and open space proposed is
consistent with the goals and objectives of the Comprehensive Plan. This was in the context of the
entire development, including the commercial area then called Zone 2A and 2B. Given this, we believe
that the parkland and open space proposed currently are adequate and approved by the Board.
Therefore, we do not plan to address this further in our application.
In addition to adequacy of park and open space land, another major focus of the Comprehensive
Plan is affordability of housing. During the Final Plat and Master Plan hearings the Board had extensive
conversations with the Applicant regarding the proposed affordability of dwellings created, in the
context of “consistency” with the objectives of the Comprehensive Plan. At that time, the Applicant
made clear that all proposed dwellings in the Master Plan and Final Plat would be market-rate housing,
and that a range of housing types was proposed enabling some reasonable and accessible price points
throughout the neighborhood compared to existing market conditions. Hillside does have current
offerings available which are priced below 120% AMI (see attached affordability chart from Vermont
Housing Finance Authority for applicable pricing). We are selling new high quality three-bedroom
townhomes in the $350,000 range. This is consistent with representations we made during permitting.
As the Board knows, the Comprehensive Plan sets targets for “affordable” units that include the
construction of units affordable between 80% and 120% of area median income or “AMI.” As
demonstrated at Hillside, O’Brien Brothers is committed to developing market-driven housing that is
within this price range and which is accessible to a variety of homebuyer financial demographics. The
current Project is no different. We are expecting a range of rents for proposed apartments and many
will fall within the target bands of the Comprehensive Plan. Rents are expected to range from $1,400-
$2,100 per month at initial lease-up depending upon the unit configuration.1
1 Please note these rents do not include utilities. For comparison with the “affordable rents” listed at Exhibit 008,
we would recommend adding approximately $100/month for a utility allowance to cover electrical and gas
utilities. This addition is based off of a HUD worksheet attached at Exhibit 012. Because the one-bedroom units
proposed are smaller units, we have averaged the expected studio utilities with the expected 1-bedroom utilities,
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More specifically, the Project is proposing approximately 120-130 one-bedroom apartments
that are between 500 and 750 square feet. These apartments will have base rents of approximately
$1,400-$1,650/month. If we allow for a utility allowance of $100/month that brings total housing cost,
including gas and electric, to $1,500-$1,750 per month. The 80% AMI rent for this area is
$1,395/month, and the 100% rent is $1,743/month (see Exhibit 008 for more details). This means that
the Project will be creating approximately 120-130 dwelling units in the City that are “affordable” to
people earning between approximately 80% and 100% of AMI. This is more than 1/3rd of the units
proposed by the Project which are targeted toward the lower half of the affordability spectrum that is
specifically identified in the Comprehensive Plan. Beyond this, the Project is proposing to construct
smaller and more efficient one-bedroom units and as currently designed will bring to market
approximately 67 one-bedroom apartments between 550 and 600 square feet. These apartments are
expected to rent for $1400-$1,499/month, $1500-$1,599 including a utility allowance. This means that
in total approximately 20% of the units proposed are designed to be rented for between approximately
86% and 92% of AMI.2
The Comprehensive Plan states at Section B, page 2-13: “Based on the Affordable Housing
Committee Report’s recommendation, this plan includes targets of construction, by 2025, of 1080 new
affordable housing units – 840 housing units affordable to households earning 80% of the AMI and 240
housing units affordable to households earning between 80% and 120% of AMI.” As stated, it is a clear
goal of the Comprehensive Plan to create 240 housing units affordable between 80% and 120% of AMI.
The Project proposes to create 120-130 apartments fully within the 80-100% thresholds and
approximately 67 apartments between 86%-92% AMI. We hope this commitment to affordability
demonstrates our Project’s continued consistency with the Comprehensive Plan, which sets specific
targets for housing creation that this Project will meet.
It should also be noted that the goals of the Comprehensive Plan go beyond the two criteria
listed above which are so often the focus of the conversation. In addition to generating the targeted
housing between 80% and 120% AMI, as noted above, this project will also pay approximately $1.8M in
fees to the City. These fees are developed and approved by the City specifically to achieve the City’s
goals and to ensure that all new development contributes to those priorities. These fees enable items
such as recreation area development, traffic safety, fire safety, police safety, water infrastructure and
upkeep, sewer treatment infrastructure and upkeep, zoning compliance and enforcement. In all of
these areas the Project pays for what it constructs, and pays an additional sum for other parts of the
City, or other areas where the City Council has deemed those funds are needed. When viewed in
totality and in combination with the contributions made to all of the items listed above, we believe the
Project to be economically integrated with all of the goals of the Comprehensive Plan.
to arrive at an estimate of $100/month. We have used this form available on the VHFA website as a placeholder
for the purpose of this conversation.
2 Please note that the number of apartments listed here is a preliminary approximation. Full building designs will
need to be developed to confirm the exact numbers of each unit type. Additionally, changes to the site design
currently proposed, including relocation of the amenity space, could also have significant impacts on the number
of apartments proposed, which could reduce the overall number of units developed.
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The specific test that the Board is asked to make in the Regulations is whether the Project is
“consistent” with the goals and objectives of the Comprehensive Plan.3 While the Project may not 100%
complete every goal in the Comprehensive Plan, it is certainly in agreement and compatible with those
goals, and is not contradictory. That is the definition of “consistent”. Given this, we request that the
Board provide the Applicant with feedback as to whether the current Project direction is “consistent”
with the goals of the Comprehensive Plan.
(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.
This criterion will be addressed in future applications as part of the stormwater management
practices developed for the Project site.
IV. Discussion of Key Issues for Sketch Plan Review:
The Applicant is requesting specific guidance from the Board with regard to a few waivers
required for the Project, as well as with regard to the accessory use and structure proposed.
A. Accessory Use Tenant Amenity Building
As shown on the site plan, the Project is proposing to construct an accessory structure on an
expanded Lot 11. This structure is designed to be used by tenants as an accessory to the residential
units and will include several tenant amenities, some of which are not yet fully defined. The likely
amenities for tenants will be:
x Resident Yoga and Exercise Room
x Resident Outdoor Pool
x Resident Pet Washing and Grooming Room
x Resident Community Gathering Room
x Resident Outdoor Patio/Pavilion
x Resident Bike Repair Area/Ski Tuning Room.
x Drop-off and pick-up location for resident CSA shares
This building is proposed to be located strategically at the top of the Project site, it will be cut
into the hillside such that it will be two stories facing the street, but only one story when viewed from
Old Farm Road. The structure is envisioned as a more modern style building, designed to blend into the
environment when viewed from Old Farm Road. The concept is that the structure will be placed
prominently at the top of the Project where it can enjoy nice views of the surrounding area and be a
focal point for prospective tenants coming to visit the Project.
As outlined below, the Applicant believes that this building is an “accessory structure” as
defined by the Regulations, which contains an “accessory use(s)” and therefore should be allowed as
outlined by the related accessory use and structure requirements. The uses outlined above exist as
3 The Applicant would note that there is no current requirement for the Project to provide any housing that is not
Market based at this time in this area of the City.
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subordinate to the main residential use only, and but for that use would not exist and would have no
users. Further, each element proposed could easily be included within any of the residential structures
proposed with no additional permitting requirements, and therefore each use is fully subordinate and
typical of residential multi-family buildings. The only difference proposed in this Project is that rather
than build these amenity spaces in each building, they are proposed to be combined in one common
tenant structure for efficiency, lack of redundancy, and for better use of the site. A full outline of the
applicable definitions follows. The Applicant requests that the board please confirm that they concur
the proposed Tenant Amenity Area is an accessory use in an accessory structure and that the proposed
findings below are appropriate.
1. Definition of Accessory Structure: The Regulations define an accessory structure as: “A
structure detached from a principal building on the same lot and customarily incidental and
subordinate to the principal building or use.”
2. Definition of Accessory Use: The regulations define an accessory use as: “A use of land or
property or a building or a portion thereof, whose area, extent, or purpose is incidental and
subordinate to the principal use of the building or land. The accessory use shall be located
on the same lot”
3. The Accessory Structures Section of the Regulations Includes Specific Reference to a Pool
House: The Applicant notes that Section 3.10(B) specifically calls out “any accessory
structure designed as a pool house.” This confirms that it is the intent of the regulations for
pool houses (which is what is proposed here in large part) to be regulated as accessory
structures.
4. Similar Uses to the Project Proposal are Referenced at the Accessory Structure Section:
Section 3.10(A)(9) of the Regulations states: “The total square footage of all accessory
structures shall not exceed fifty percent (50%) of the first or ground floor of the principle
structures, with the exception of in-ground pools, tennis courts and other similar structures
at grade level.” Again, the accessory structure section is specifically mentioning the exact
type of amenities contemplated by the Project. We are specifically proposing an in-ground
pool, and this is telling us that the pool need not count against the square footage of the
structure we are allowed to build with it. The structure will certainly be less than 50% of the
ground floor of the principle structures in the Project. The overwhelming message in this
Section is that a pool amenity is specifically contemplated by the accessory rules.
In analyzing the text of the Regulations, some attention must be paid to the fact that both
definitions mention that the use must be “on the same lot.”
While it is easy to understand the intent of the Regulations here, there does not seem to be an
appropriate accommodation made in the Regulations for lots that are master planned (as this one is), or
for large planned unit developments where multiple lots are in common ownership, and therefore
multiple residents have a use for common land that may not be on their personal legal lot. This is easily
remedied with a notice of conditions that the Applicant can draft and record.
In Final Plat Approval SD-17-08 which was an early subdivision for the Project lands, the
Applicant requested, and the Board granted an approval which affirmatively stated that the lots created
shall be: “treated as one (1) lot under the Land Development Regulations, which will necessitate a
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Notice of Condition to that effect.” Later in that same permit, the Board Decision states: “For the
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.” The applicant did file this notice of condition. The
notice of condition and Final Plat SD-17-08 are attached to this application as Exhibit 009 and Exhibit
010.
The Applicant would suggest that a similar finding is possible for this particular situation. The
proposed finding could read: “Project lots 10-15 are being developed simultaneously in one planned unit
development and shall be considered one lot for the purposes of the LDR’s as pertains to accessory uses
and accessory structures.” Applicant would similarly suggest that a notice of conditions to this effect
could be recorded if needed.
While the Applicant realizes this is not the most straightforward situation, as the Board
contemplates if this should be viewed as an accessory use, the Applicant would point out that if it is not
an accessory use, and the requested finding is not issued, there appears to be no alternative accurate
use classification available. The proposed space is not an indoor recreation facility, which implies public
presence, it is not a gym, and it is not a community center. The public is not invited and the uses extend
well beyond recreation (pet washing basins, bike repair tables, etc.). What is proposed is a building on
common land owned by the association, designed to allow common space for items that are typically in
each individual structure, but that are here proposed in a single common exterior structure, to allow for
a peaceful and enjoyable environment, and to allow for social interaction and community building.
The space is intended for residents of the PUD only, which makes it accessory to the PUD and
subordinate to the multi-family buildings proposed. The space specifically proposes a pool and
associated structure, which the Regulations mention as being accessory in their text, and no alternative
accurate use appears to be available in the regulations for the specific uses proposed.
The Applicant requests the boards feedback on this issue as it will have significant impacts on
site design for the Project.
B. Height and Setback Waivers:
Attached as Exhibit 005 are six renderings of the proposed Project which are provided to
illustrate the height, setback and site design proposed. Below, we have discussed each image and the
key elements shown. A site plan attached at Exhibit 005 shows the location of each view described
below.
As mentioned above, the height of the structures proposed are necessary to achieve the density
contemplated by the Comprehensive Plan for this portion of the City. The Applicant has worked closely
with its architects and land planners to develop a proposal that softens the appearance of the height
required, creates transitions to larger buildings, and which lends to an overall aesthetic that is in keeping
with the area and the City’s plan for this area. The Applicant requests the Boards review of the
proposed site design, with specific attention to the height and setbacks proposed, as that feedback is
integral to submission of Preliminary Plat. Below please find a brief description of each view provided,
which summarizes the key aspects of each rendering.
For reference, the Applicant has assumed a parking story height of 12’. Each subsequent floor is
assumed to be approximately 11’. We have assumed flat roofs for all of the buildings, and a 4’ parapet
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wall is shown above the last story. These heights could change and would possible result in a reduction
of the overall height needed.
1. View 01: This first view provides the Board with perspective as to how the development will
look when standing immediately across from the proposed entrance on Kennedy Drive. As
you can see, we have proposed a smaller 3-story building at the front right, which is the
closest structure to Kennedy Drive. The Applicant would note that the proposed height of
this building as defined in the regulations is likely about 42-45’, depending on the
preconstruction grade. This represents an approximate 7-10’ overage from what is allowed
in the Regulations.
The Applicant has also proposed a small office building immediately at the entrance which
helps to break up the mass of and provide transition to the larger structures proposed
toward the left side of the rendering. Despite the fact that the current renderings show no
architectural features, which will also help to break up the massing, the Applicant believes
that this rendering shows a site plan which looks consistent in massing and which is not
imposing on Kennedy Drive. The larger four-story over parking structures shown at the left
side of this rendering are approximately 54-57’ tall.
Lastly, the Applicant would point out that no open parking is visible from this view. The
Applicant has been intentional about locating parking where it is shielded from the public
way by buildings.
2. View 02: This view provides a slightly different angle of the Project entrance looking from
the recreation path on Kennedy Drive. Here the Board can see a better view of the two
larger “L” shaped structures proposed. As shown, the buildings blend in well to the hillside,
and have been set back enough to avoid them feeling imposing upon the road. The office
building planned again provides a nice break and step up into the higher density area.
Again, no open parking is visible from this view. This streetscape seems in keeping with
similar existing streetscapes at Eldredge Street.
3. View 03: This view represents the most dynamic transition for the Project, which is the
direct transition from the duplex area to the multi-family portion, and we feel this transition
has been quite successful. On the right side of the rendering, the uphill side of the street,
you can see that a three-story building over podium is proposed. This building is proposed
to be three-story such that it will make the transition from the 2-story over walkout-story
townhome more gradual. It represents growth of one-story only on the uphill side, which is
a gradual step up. Indeed, in this image the building does not look imposing. Both
architectural and landscaping treatments will be used to soften this even more as we move
through the Project design.
On the left side of the photo, the downhill side, the Applicant has proposed a four-story
over podium structure, but as you can see has also proposed a step back in the upper story.
As shown, this step back will soften the transition. A nice rooftop amenity would be
anticipated there, which will add some visual interest and also help to soften that transition.
As shown, the Applicant believes the current plan negotiates this transition quite well. It
should be noted that owners of the townhomes adjacent to these structures (if this permit
goes through timely), are likely to be buying simultaneous with construction of these larger
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buildings. Therefore, the concern of this impact of the transition on those buyers is
lessened. The market will value that transition and they will purchase with the full
knowledge of what is coming. It should also be noted that in our marketing collateral for
the neighborhood portion of the project we have included “placeholder” building renderings
showing essentially this exact scenario: a 4-story multifamily building over a podium base
with a step-back of the fourth story on the southern elevation of the building closest to the
townhomes.
4. View 04: This view illustrates the transition on Two-Brothers Drive into the multi-family
section. We believe this transition to be extremely successful. As shown, the natural grade
dives down in the area of the proposed three-story structures. This allows those structures
to appear as though they are only two-stories when viewed from the single-family street.
With additional landscaping and some architectural interest, this transition is quite
successful and should not pose any challenges. It is also noteworthy that the grade change
going into the parking area for the proposed building shields that area from view. With
roads on three sides of this building it was impossible to not see the parking, but given the
grade change, the parking is cut in to the hillside, and therefore much less visible.
5. View 05: This view presents the Project as seen from Old Farm Road. As you can see, the
proposed structures do not reach above the existing tree line at Kennedy Drive, and
therefore have no adverse impact on the views from Old Farm Road. As the hillside drops
away from Old Farm Road, the structures are tucked in nicely, and sit just above the land.
One other small detail relative to View 03, is the roofline of the townhome shown at the left
side. As you can see, the townhomes are fairly tall in this area, and they transition as a step
up to the larger building.
This view also shows how the proposed accessory structure relates to the site. As you can
see, this is a nice flat section of the project to locate this amenity. There will be an open
feeling to the space that will provide residents with a spectacular amenity. The accessory
structure will present as only one story as viewed from Old Farm Road, and this is
intentional to keep it in line with the existing trees along the horizon, ensuring that existing
views are not lessened. The current plan shows a roofline that is still under consideration,
but is meant to illustrate that the building will have some design to create an attractive
central amenity.
6. View 06: This view provides a slightly different perspective from Old Farm Road, in the area
where O’Brien Farm Road will eventually connect to Old Farm Road as part of a future
phase. Again, the Applicant has designed the structures to sit just above the hillside, to stay
in line with the existing trees in the horizon line, and to blend in very well with the terrain.
Despite the fact that some larger buildings and parking areas are proposed, the view from
the public way is modest and unimposing.
V. Conclusion:
As outlined above, the Applicant has expanded upon the foundation built by the Master Plan
and the Final Plat with the proposed Project. As designed, the Project will construct nearly all of the
dwelling units contemplated within the Master Plan, as well as some office space or other applicable
15
and authorized commercial use, realizing the vision first discussed a few years ago and the density
sought by the Regulations and Comprehensive Plan in this area.
The Applicant has honored the commitments made at the Master Plan to use the residential for-
sale homes as a transition into the multi-family portion of the Master Plan. The buildings now being
designed have been placed in a manner to shield parking from view, to fit the grade of the land, and to
provide for logical and stepped transitions creating a visually cohesive and appealing development.
The Applicant believes that the Project is in keeping with the spirit of what has been discussed
with the Board since 2016 when initial applications for this land were filed, and the Applicant is pleased
to be offering an apartment product that will provide 67 1-bedroom apartments priced below 90% of
AMI assuming as outlined above. The Applicant has done everything possible to realize efficiencies in
site design and planning to make these rents achievable, and the last remaining items and decisions that
will make this project work are now in the hands of the Board.
The height and setback waivers, as well as the proposed tenant amenity building location are
critical to ensuring that the Project can be built as planned. For this reason, the Applicant has presented
this sketch plan to ensure that the Board is supportive of the direction the Project is heading, before
proceeding to Preliminary Plat. We look forward to the Board’s review of the key issues presented, and
to a great discussion at our upcoming hearing. Thank you.
Sincerely,
Andrew Gill, Director of Development
Enclosures
Hillside&O'BrienFarmLotCoverageCalculations8ͲNovͲ18Lot# Area(sq.ft.) Area(acres)BuildingArea(sq.ft.)BuildingCoverage(%)Roads/Walks/Drives(sq.ft.)ImperviousArea(sq.ft.)TotalCoverage(%)3 88665 2.04 0 0.0 0 0 0.04 46339 1.06 0 0.0 0 0 0.05 380323 8.73 120899 31.8 21170 142069 37.46 132237 3.04 0 0.0 1960 1960 1.57 106494 2.44 37513 35.2 7495 45008 42.38 202366 4.65 31603 15.6 13877 45480 22.59 79777 1.83 23606 29.6 6843 30449 38.210 40634 0.93 12658 31.2 15895 28553 70.311 49488 1.14 12658 25.6 17225 29883 60.412 53608 1.23 16860 31.5 22338 39198 73.113 76763 1.76 35250 45.9 22663 57913 75.414 61998 1.42 12658 20.4 16927 29585 47.715 85585 1.96 25350 29.6 15115 40465 47.3ROWs 298251 6.85 0 0.0 189444 189444 63.5TOTAL 1702528 39.08 329055 19.3 350952.0 680007 39.9
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