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HomeMy WebLinkAboutBATCH - Supplemental - 1775 Shelburne Road (2)( l 5. i' PLANNING COMMIS:ION FEBRUARY 9. 1982 Mr. Lawrence did not want a common curb cut with Mr. Preeourt's lot. Ax. Poger felt the divider was dangerous and that its removal would ease traffic flow on both lots. Ile urged Mr. Lawrence to consider it. 'Mr. Spitz said Mr. Precourt could be asked to give an easement on his property so that if the adjacent property ever came in with an application, the combination could be made at that time. Mr. Woolery moved that the South Burlington Planning Commission a,: -,rove the site plan application of Rinald Precourt for additional retail s;>ace within an existing building as depicted on a lan entitled 'Pro e '.;it Plan", 1174 Williston Road, drawn by Brian Precourt dated 1 0 82 subject to the following stipulations: 1. A landscaping bond of $660 shall be provided. 2. The following legal documents shall be provided: a) A 6 foot wide offer of dedication to the City along Williston Road for future street widening. b) A 15 foot wide, 70 foot long easement to the City at the south- we2t corner of the property. This easement shall be reassignable to the_ adjacent property owner for consolidation of curb cuts in the event of further development on the adjacent property. 3. Proposed landsca ing_at the end of parking spaces s_h_all be_Lrotected by railroad ties or some equivalent barrier. ~ 4. This approval expires in 6 months. 5. Snow must be removed so all parking spaces remain available. Mr. Mona seconded the motion, which carried with Mr. Woolery voting no. He stated that he felt this was too much development on too tight a lot, and that this would just add to a bad situation. Mr. Poger said he voted aye with reluctance but noted that the businesses were pre-existing. He felt the Commission was doing the best it could with a bad situation. Continuation of site plan application v Duran Moore` Architects for an office building: at 1775 :Shelburne Road Air. Dugan said the proposal was the same as it had been a year aCo. The lot is 2.34 acres and the building is 31,000 sq. ft. 119 arking spaces are required. There is a retention pond to treat the first 1/2" of rainwater. Air. Spitz passed out copies of the previous stipulations on the approval granted almost a year ago. :lumbers 1-4 have been shown on the plan. #5 is not a problem, Mr. Dugan said, and the plan will have to go to the Water Resources Board. He said that after the pond filled up, the water would sheet over onto the land behind the property and into a brook back there. Mr. Woolery wanted the City Engineer and Water Resources Board to be aware of that. Mr. Mona asked if the access he had not liked the last time around had been changed and was told it had not. Mr. Woolery moved that the South Burlington Planning Commission approve the site plan application of Dugan Moore Architects as depicted on a plan entitled "Proposed Office Building, 1775 Shelburne Road," prepared for J 6. PLANKING CO."1',:I6SION FFERliARY 9. 1982 Coburn and Feelev Real Estate, last revised March 3, 1981 subject to the following stil)ulations: 1. ;;t ulations from the approval dated March 10, 1981 shall remain 2. This site plan approval exr)ir-es in 6 months. Mr. Mona seconded the motion. He stated that he was no happier about the access than he was the last time. The motion carried with Mr. Poger voting yes and Messrs. aoolery, Walsh and Mona abstaining. Other business Review of annual and capital budgets - Mr. Spitz said he planned to use the funding in the professional assistance category to update the aerial slides. IMr. Poger felt the slides were an enormous help. City Council meeting - Mr. Spitz said he had attended last night's Council meeting and had spoken in regard to the Capital Budget and the proposed :street Department budget. He also noted that on the 22nd, the Council would discuss the proposed changes to the zoning ordinance, but that it would not be a formal hearing. Mr. Spitz has prepared a summary of the major point.;. Af,ricultural study - Mr. Spitz said he was working on this. N;ayo's :ubaru - Er. Spitz passed out copies of the findings of fact. Fire protection - Mr. Spitz and the fire chief have agreed on guidelines for fire protection, which will be given to developers. Zoning Board agenda - It was noted that the first appeal on the 22nd was for a commercial building on the Victory land. Mr. Poger asked that a copy of the Commission's discussions on this issue be transmitted to the Zoning Board. Mr. Poger also hoped that item ##2 on that agenda would be looked at carefully. It is an application with regard to the building which housed Games People Play. The meeting was adjourned at 10:20 pm. Clerk Date Received By Date Applicati( )Complete and Received By CITY OF SOUTH BURLINGTON APPLICATION FOR SITE PLAN REVIEW 1) NAME, ADDRESS, AND PHONE NU14BER OF: (a) Owner of Record Robert Cooper & Coburn & Feeley By 115 College Street, Burlington, Vermont 05401 (b) Applicant Farrell Construction Co., Inc. 309 College Street, Burlington, Vermont 05401 (802) 658-1225 (c) Contact Person Michael Dugan 2) PROJECT STREET ADDRESS 1775 Shelburne Road, Burlington, VT 05401 3) PROPOSED USE (S) Business & Professional Offices 4) SIZE OF PROJECT (i.e., -Im of units, floor area, etc.) 29,760 Sq. Ft., Gross 25,680 Usable - 148 Parking Spaces 5) NUMBER OF EMPLOYEES (full & part time) 75/100 Full & Part Time 6) COST ESTIMATES: (a) Buildings 1,200,000 (b) Landscaping 18,000 (c) All Other Site Improvements (i.e., curb work) 45,000 7) ESTIMATED PROJECT COMPLETION DATE Fall, 1981 - spring, 1982 6) ESTIMATED AVERAGE DAILY TRAFFIC (in & out) 250/day - 32/hr. average 9) P AK HOUR (S) OF OP ERAT ION 8:00 A.M. - 5:00 P.M. 10) PEAK DAYS OF OPERATION Monday, Tuesday, Wednesday, Thursday, Friday } LF, DATE S IGNAT= OF APPLI Alen:ZIU .3proeu. W Oat we. RQbert .>• , ..CQOper s . IVA pi�rtn,�x:���-p .�0�.�9 . �!•�.s�n�a,s . a�, ,�� " .,fly ... , ... , .. . .Burla.ngtan ..... in the County of .. > t Sx c «f zerr ,•� ,t. s, : otnsiJera- tion of ....... . ........... $� �: y , .......... DOLLARS, f,ARS, paid to ................ satisfaction by THE MERCHANT$ B.ANN, a battkmz Qorporation or- ganized and existing under the laws of the State Ot Ver�p DI AW having its Office and principal place of business in Burlington, County of Chittenden, end SlOk ®f Vamont, do hereby give;, grant, bargain, sell, alien and convey unto the said 'M MF. C . i� suc(:es ., and air gns forever, the following described piece or parcel of laW fit w4 .. , P its .,. firatxth , :�rli>a�gtor4 County of , ..Chi ttens�er) ....... and S of Vrrnoot, V& Being all and the same land and promises conveyedl to Robert F. Cooper, and to Thomas R. Coburn and Richa.r4 T. Feeley, a partnership doing business as Coburn and Feeley by Warranty Deed of Vorelco, Inc. dated November 30, 1978 and recorded in Bo6it 146 at page 3 °1,of the South Burlington Land Records. Said parcelbeingmore part.,i.cularly described as follows: Beginning at an existing concrete monument set in the west line of U.S. Route No. 7, and being located approximately 1,600 feet south of Bartlett Bay Road, said monument being the southeast corner of queen City Motors, Inc. property; thence N70" 16'.,15"W a distance: of 300.10 feet to an existing concrete monument in the easterly line of lands owned by Lakelands Corp. as recorded in Voluette 88, page 327 of the Land Records of the Town of South BurlingtoAt thence N01m 2.t' 45"W along said Lakelands Corp.'s easterly line a distance of 2ti8.83 feet to an existing concrete monument set in an old fence line and being in the south line of lands owned by Reyes as recorded in Volume 61, Page 21 of the Land Records of the Town of South Burlington; thence S83° 08' 15" E along said Reyes southerly line a distance of 104.80 feet to an existing concrete monument set in the aforementioned old fence line; -thence S75° 16' 25"E along the Ojuth line of larlds of aai Reyes a distance of 296.41 feet to a painted cross -cut on a large boulder, said boulder being in an old stone wall on the westerly side of U.S. Route No. 7; thence S19' 49' 55"W along the westerly line of the aforementioned highway and also the line of an old stone wall -a distance of 300.00 feet to the point and place of beginning, Containing 2.28 acees of land, more or less. The premises are subject to easements and restrictions of record, if any, which may affect this. property. The premises are Subj*ctt ;to the specific covenant set forth in said de as foil sx "The within conveyed premises are subject to a covenant container in the above -mentioned deed, requiring a solid, closed, evergreen hedge be maintained along the entire westerly boundary of -t,ho. 0*1 and also along the southerly boundary of it costmencing at a point in the southerly line of 100 feet westerly from the westerly sideline of U.S. Route No. 7." �---_Incorporated herein by reference is the above -mentioned deed, n further aid of this the aeeas ODU LC%,:V'Luo description. 1M QCP 177 -Ai y� *Aa1Q>.;.YY'.IRL.FA.4Rc z a +J. ` e(� j Date Applicat T Complete and Received 'W'PJI / By By CITY OF SOUTH. BURLrNGTON APPLI('_�TION FOR SITE PLAIT REV=-, 1) NAI ME, ADDRESS, AND PHONE NLII4B�-R OF: (a) O-,ener of Record 9DBEU C� Fi k (b) Annlicant D0t!:,M MOME ArMffV ► 1AIC• — IL (c) Contact Person _ l"Jt��2t�!_— --- -- - --- ---------- r --AA- -, __- 2) PRO:i r,CT STRi'IET ADDRESS 3) P ROPOS-M USE (S) CN"l��Ct'n1\1J1'��►v �� _ 4) SIZE OF PROJECT (i.e., :a of units, floor area, etc.) ,Iw jw __-�� �. -ter, - M VA t �� 5) IM-IBFR OF 04PLOYEES (full & part time) 151,06 U/ !%it 6) COST ESTE-IATES: VolQ� (a) Buildings t (� t (b) Landscaping If, 61d (c) All Other Site LmFrovements (i.e., curb work) _ * . on 7) ESTMATED ;TED PROJr-,)CT CO:•ML2-rION DATE fAdjZ A , 8) ESTI1MATZD AVER-'1GE DAILY TRAE- IC (in & out) `� �'� AW,- 5) ? :zC HOUR (S) OF OP --,2 ',T ION � 10) DAYS OF OP%RATION In!!N, *tyf:-5. �'�/�/n • rn� f Ta ' 9. v DATE S IG_..'ITURE OF %PPLICINT PLANNING COMMISSION MEETING JANUARY 12, 1982 Mr. Poger asked Mr. Spitz to check on the date the application was filed. Mr. Levesque seconded the motion which passed unanimously. Site plar. applicati 1775 Shelburne Road. ice buildine at Chairman Poger said when the commission approved this plan it was not sure of the status of the proposed South Burlington Connecter Road. Mr. Woolery said the approval has expired. We now have a vacant lot and are looking at a new application. When we looked at this last year we had a site review. No consideration was given to the South Burlington Connecter. Mr. Mona thought the commission should have a legal opinion on this application. Mr. Ewing asked if the developer had any written request for the property from the state. Mr. Feeley said the owner was not interested in selling and he had not been contacted by the state. Mr. Feeley said the owner was never notified that the connecter is an issue, he wondered why this wasn't brought up before. Mr. Ewing mentioned that consideration of the item has been before the Council and appears in the council minutes. Chairman Poger instructed Mr. Spitz to confer with the City Attorney on this, also to find out what the state is planning and if the state plans to purchase the applicant should be notified. Mr. Woolery made a motion to continue the site ,plan application by Dugan Moore; Architects for an office building at 1775 Shelburne Road in two weeks, Janua�y 26 1982 at 7:30 P.M. Mr. Levesque seconded the motion which passed unanimously. Other Business - Board of Appeal Because Mr. Ward did not approve an application for a sign the Planning Commission received a written notice that it is to act as a Board of Appeal in the matter. Chairman Poger read the notice in full. Chairman Poger instructed Mr. Spitz to be sure to have Mr. Ward present when this item is on the agenda, to have him present a colored rendering of the sign in question, to present the relevant parts of the ordinance, the application, and his reason for denying the application. He also felt that advice from the City Attorney would be appreciated. Other Business - Tree Top emergency Access Chairman roger remarked that the Tree Top Homeowners Association has been very cooperative in taking care of the access up to where a chain has been placed across the road. Mr. Spitz said Mr. Szymanski has done nothing on this as yet, he feels it is a private road and not the city's concern. He will take the matter up with him again. Mr. Woolery made a motion to adjourn the meeting at 10:15 P.M. The motion was seconded by Mr. Mona and passed unanimously. Approved Clerk Jp 7. PLA:i.',ING CO,:,:I.;:iION JA'MP0'.Y 26. 1982 rite pinrara;�-)I.ication and review under traffic criteria for an lication by i;i-inld and :iontrice Precourt for conversion to retail c,»r+a of o .e a buildings at 1174 ',.illi�;ton :.oad ';r. Spitz showed the area on a slide. He noted that the building in question had been used for storage for Garden Way but was no longer being used for that. The front portion of the building is used by Accent Travel and College Formals. College Formals will expand back into the garage area and use 2/3 of it for more floor area and storage. The Precourts had proposed a small retail use for the remaining 600 sq. ft. in the garage, but the Zoning hoard denied that and they will be allowed to use it for storage. P;r. ;Spitz hod received a letter from the adjoining landowner, who feels there 113 a problem here, since parking will be on his land. The plan chows lid spaces on this lot, but 34 are needed according to the standard, and ',:r. Spitz had questions about the adequacy of some of the spaces Shown. Nr. Precourt said the additional space would be used by College Formals as storage, floor area, and they also wart areas for alterations and a small laundry. Mr. Precourt said they had 3 tenants now, but with Garden Way leaving, there will be only two, so he felt the Narking situation would be improved. He added that College Formals does a lot of wholesale business, so they would not need parking for that. The Commission read a letter from the owner of College Formals detailing his business. There was some discussion of how much of the building should be considered retail space, since that figure determines the number of parking spaces needed. t'r. Poger felt the parking space size should be measured, the retail space question settled, and the circulation on this lot laid out on paper, to look at at the next meeting. ;t:r. Precourt said the parking area would be )aved. Mr. Ewing noted t};zt t:,ore wa:� no area shown for a trash container. ."Jr. Wool(,ry moved to continue the site elan a,,)?roval of Einald Precourt for retr:il space at 1174 Williston :,oad until two weeks from tonight at City Hall at 7:30 nm. f,:r. ::ona seconded the motion. ::r. i'oger noted that there was a 45-day period during which the Commission had to act, or an application was automatically ap,)roved. Since this application could not have been heard until after the Zoning Board acted on it, he felt the filing date should be as of today and that the 45-day period should begin now. The motion passed unanimously. Continuation of site plan application by Dugan Moore` Architects for office building, at 1775 Shelburne Road - i:r. Poger noted that at a meeting at which he was not crest.nt, the Commission had passed a motion that they would end meetings at 10:30 pm. It was now 10:35 pm. The Commission decided to work on this item for 10 minutes. r?r. Spitz said two letters had been submitted to the Commis -;ion on this item. One is from the City Attorney and the other is from the State Agency of Transportation. With that letter is a copy of a letter sent to Messrs. Coburn and Feeley informing them of the State's plan to appraise and acquire their land. Mr. loger noted that at the last meeting the applicants had told them that they had not been approached concerning the S I i•LA:4-I�ING COMMISSION l 8. JANUARY 26, 1982 State's plans, and yet the letter to them was dated September 23, 1981. Mr. Cooper said ,that they were not negotiating with the State in any way. This refers to the fact that the State had not contacted Coburn -Feeley with regard to making an offer on the property. :ie said that at the last meeting he had said that the State had not contacted them relative to them making an offer, and he added that they were not interested in selling. Mr. Poger said that was not the impression given at the last meeting. He noted that they had been aPdroached by the State and told of the State's desire to ap)raise and make an offer on the land. Mr. Coburn said that was no different from anyone else approaching them, but Mr. Foger noted that the State was making the approach in the interests of the city. Mr. Coburn said they did not want to sell the land. Mr. roger said he would like the offer to be made and discussion to take place before the Commission committed the city to what seems to be a ntupid action. Ile noted that, if the land obtained site -plan approval, its fair market value would increase 4-5 times, and tie said that, as a planner, it seemed stupid to him to api;rove something which might be built within the next year and taken down in 3 years. That would cost the city and ;itate much more than it will now if the property is acquired. I:r. Fiona asked whether the applicants knew of the planned Southern Connector and was told they did. He asked about the long-range plans for the property and was told they wanted to build an office building as an investment. Mr. Ewing did not feel it would be good planning on the city's part to approve the plan, because it would mean that two projects were approved for the same piece of land. Mr. Levesque left at this time. Mr. Poger noted that if the Commission were to deny approval, it would be going against the advice of the City Attorney and he felt it would be good to have a comment from the Attorney as to what might happen if the Commission did this. Mr. Ewing also asked that the Planner inform the Commission of the effect approval of the building would have on the arpraiced value of the property. The Commission also wanted to know how much time it had before it had to act on the application. Mr. J pitz felt they should act at the meeting in two weeks. The Commission asked for copies of minutes of the meetings held on this property previously. Mr. Kona said he had voted no the last time based on access from Shelburne Road, and since that had not changed, he felt he would probably vote no again for that reason. Mr. Woolery moved to continue the site -plan application by Dugan Moore Architects for an office building at 1775 Shelburne Road until two weeks from tonight at City Hall at 7:30 pm. Mr. Mona seconded the motion and all voted for it. Other business Mr. Spitz said the Commission had been sent a memo from the City Manager regarding plowing the emergency access at Treetops, and he noted that Street Department head Albert Audette was present. Mr. Poger explained that the people at Treetops had been asked to chain off the emergency access, which they have done. Now it is not being plowed on the city's side. Mr. Audette felt it was a private drive and no different than anyone's driveway. He felt it would create a precedent the city could not afford if the Department cleared it and he mentioned liability if the city did not clear it out fast enough and there was an emergency. Mr. Poger was not happy with the present situation. The meeting was adjourned at 11:00 pm. Clerk ATTORNEYS AT LAW 34 SOUTH WINOOSKI AVENUE P. 0. BOX 986 JRLINGTON, VERMONT 05402 January 19, 1982 Mr. David Spitz City Planner 575 Dorset Street South Burlington, VT 05401 Dear David: (SO2) 862-6451 (802) 863-28S7 ISAAC N. P. STOKES COUNSEL The Planning Commission has asked what options are available to it in reviewing a proposed office building at the intersection of Shelburne Road and the proposed South Burlington Southern Connector. The Commission is reviewing the proposal under its site plan review authority. As I previously advised the Commission, site plan review is limited to consideration of the adequacy of traffic access, circulation and parking, and landscaping and screening. It is my opinion that the Planning Commission cannot deny the site plan on the basis that the Vermont Agency of Trans- portation has commenced acquisition procedures. This factor in no way changes the options available to the Commission. I believe the contends of my previous opinion to the Com- mission on this subject are still apropos. Ver ul ours, Richa p es RAS/gmt DHS 1/12/82 MOTION OF APPROVAL For the Site Plan Application of Dugan Moore Architects as depicted on a plan entitled "Proposed Office Building, 1775 Shelburne Read, prepared for Colburn and Feeley Real Estate, last revised March 3, 1981. Stipulations: 1) Stipulations from the approval dated March 10, 1981 shall remain in effect. 2) This site plan approval expires in 6 months. condominium areas can be improved. Also, several comments by the Fire Chief should be worked into the plans. Lastly, details for future disconnection of the two portions of the public road system should be set forth. I believe it would be more beneficial to all parties involved to work out these issues of layout prior to the meeting than to take up the Planning Commission time at the meeting. 6) Precourt, Williston Road Front portion of the building is currently occupied by Accent Travel and College Formals. The rear portion was previously used as a warehouse for Garden Way. Applicant now wishes to change the rear space to retail use. A small portion will be added onto College Formals and should generate little if any more traffic. However, the rest of the proposed retail space would be a higher traffic generator than the previous use. Parking may also be tight as the lot is very small. I have asked the applicant to look into the possiblity of combining his curb -cut with the adjacent Solomon's curb cut. If this were done it would definitely improve the existing access situation. However, I have received no favorable response from the applicant on this matter. 7) ( Cooper, Coburn & Feeeley Letters were sent concerning inquiries raised at last meeting to the City Attorney and to the State Agency of Transportation. Copies of their responses are enclosed. 8) Capital and Annual Budgets The current Planning Commission budget is shown below. I recommend that the exact same amounts be continued for the upcoming year. I anticipated that much of the "Professional Assistance" category will be devoted to setting up traffic count program and to updating the City's arerial slides. Salaries $2,875 Travel $ 780 Publications, etc. $ 650 Special Printing, etc. $1,500 Professional Assistance $5,000 Advertising $ 700 Concerning the capital_ budget, the Commission forwarded several re- commendations on streets and sidewalks to the City Council in December. I would suggest that the Commission request again that the Council respond to those recommendations. 9) Other Business I have prepared some"Review Guidelines for Fire Protection" to accompany development applications. The Fire Chief has reviewed the guidelines, and several revisions were made according to his recommendations. I have enclosed copies of the revised guidelines for your information, and I plan to make them available to developers following any further revisions that the Commission may wish to make. ��ol ACFtic� O STATE OF VERMONT AGENCY OF TRANSPORTATION DIVISION OF ADMINISTRATION = 133 State Street, Administration Building Montpelier, Vermont 05602 SPOR�P Re: South Burlington M 5200 (6) January 20, 1982 Coburn & Feeley Real Estate, Inc. and Robert F. Cooper David H. Spitz, City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05401 Dear David: In reply to your letter of January 13, 1982, addressed to Larry Bliss, I will attempt to answer the questions you presented. 1. On September 23, 1981, this Agency wrote to Messrs. Coburn, Feeley and Cooper, at the suggestion of Attorney Spokes, outlining our plans to appraise and acquire their property. A copy of this letter is attached. 2. We currently anticipate appraisal completion on or about April 1, 1982, and intend to tender the fair market value offer to these owners shortly thereafter. I might mention that the appraisers are also obligated to contact the property owners. This was accomplished by David J. Bettinger by letter addressed to Coburn and Feeley Real Estate, Inc., dated October 1, 1981, to which there was no response. Also, on October 30, 1981, Dale Robertson spoke to Mr. Coburn to offer him the opportunity to accompany Mr. Robertson on his inspection of the property. This offer was declined by Mr. Coburn. 3. I enclose, for your information, a copy of the Right -of -Flay Agreement between the City of South Burlington and the State of Vermont setting forth the obligations of the parties relative to the acquisition of land and rights for this project. This will save you and the Planning Commis- sion the effort of securing a copy from the City Clerk. I trust the above information will be helpful to you and the Commission. If we can be of further assistance, please advise. Very truly yours, Wayne R. Lewis, Chief Prope y Administration osephF. O'Leary cc/ Property Management Officer Enclosures .t r RIGHT-OF-WAY AGREEMENT FOR SOUTH BURLINGTON M 5200 (6) THIS AGREEMENT, made this 24th day of November , 19 81 , )etween the State of Vermont, acting through its Agency of Transportation, iereinafter called the STATE and the Town of South Burlington in the County of ;hittenden, State of Vermont, hereinafter called the MUNICIPALITY. JITNESSETH: WHEREAS the STATE proposes to submit to the Federal Highway Administration, Jnited States Department of Transportation, an Urban, Federal -Aid Project known is South Burlington M 5200 (6), which will provide certain improvements to a iighway of said MUNICIPALITY as shown on the plans for this project, as provided ;o said MUNICIPALITY, and described as follows: Beginning at a point on U.S. Route 7, 0.10 mile north of the Shelburne Town/South Burlington City Line and continues northerly approximately 2.0 miles to terminate at an inter- change with Burlington Project M 5000 (1). WHEREAS the MUNICIPALITY desires the improvement of this highway as describ, above and further desires that the STATE shall act, insofar as necessary, for th, NNICIPALITY in the acquisition of land and/or rights required for this project. NOW THEREFORE, in consideration of these premises herein set forth, it is agreed by the Parties hereto, as follows: 'HE STATE AGREES: That in the event that construction of this project requires the acquisition of land and/or rights outside of the existing right-of-way, such land and/or rights will be acquired by the STATE in compliance with the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" (42 U.S.C. 46ol-4655), providing that said land and/or rights can be acquired by option, at Fair Market Value, and with the understanding that if condemnation is necessary the MUNICIPALITY must be the condemning authority, as hereinafter provided. 2. Upon completion of this project the STATE will convey all land and/or permanent rights acquired by it for this project to the MUNICIPALITY, with the provision that the MUNICIPALITY will not permit any encroachments on the rights -of -way to be controlled and/or acquired in connection with said Highway Project without written permission of the STATE. 3. If during the Right -of -Way Acquisition phase of the project, the MUNICIPALI must condemn lease rights of the Vermont Railway, Inc., the STATE shall not oppose the necessity of the acquisition by the MUNICIPALITY. THE MUNICIPALITY AGREES: 1. To grant the STATE temporary right -of -entry into the right-of-way of said municipal highway for the period of construction. 2. That the STATE may use the municipal highways for trucking and hauling as required during the construction of this project. 3. Upon completion of this project, to accept from the STATE the conveyance of any and all land and/or permanent rights and improvements acquired by the STATE for this project, with the provision that the MUNICIPALITY will not permit any encroachments on the rights -of -way to be controlled and/or acquired in connection with said Highway Project without written permission of the STATE. u. To allow the STATE to enter upon any other land owned by the MUNICIPALITY during the period of construction to complete work on said project, if such entry is necessary. 5. To save harmless and indemnify the STATE, its officers, agents and employee from all suits, actions or claims for damages sustained by abutting or adjacent property owners or occupants due to the improvement, widening, or relocation of right-of-way. 6. The MUNICIPALITY shall enter into an agreement with the City of Burlington for the acquisition of any rights -of -way necessary for this project. Said agreement shall require that any project acquisition in the City of Burlin be accomplished in accordance with the applicable terms of this agreement. IT IS MUTUALLY AGREED BY THE STATE AND THE MUNICIPALITY: 1. That if condemnation of all or a portion of said land and/or rights becomes necessary the MUNICIPALITY must be the condemning authority. The MUNICI- PALITY will make every effort to condemn at the Fair Market Value price as -2- f determined by the STATE'S reviewing appraiser, but may condemn at a price which exceeds said approved Fair Market Value price, if facts set forth at a hearing warrant a higher award. The STATE has the right to approve or disapprove such action, and failure by the MUNICIPALITY to obtain such written approval may result in the MUNICIPALITY bearing the entire cost of the excess amount over said STATE'S approved Fair Market Value price. If condemnation becomes necessary, the MUNICIPALITY will commence condemnation proceedings upon receipt of notice from the STATE that condemnation is required. Prior to commencing any legal work relative to condemnation for which the MUNICIPALITY intends to seek reimbursement the MUNICIPALITY shall enter into a contract with an attorney or legal firm for legal services, which contract must be approved by the STATE and the Federal Highway Admin- istration and shall include the following: A. Qualifications and experience of the attorney or attorneys in areas of property law. B. All legal work shall be performed in accordance with Vermont Statutes and Federal -Aid Highway Program Manual, Volume 7, Chapter 2, Section 4, in order to assure proper maximum Federal participation in the amounts paid. C. Estimated cost of legal services on a lump sum or hourly rate which shall contain a breakdown for performing the work to include salaries, material costs, and any other direct or indirect costs. No legal work shall be commenced which will exceed the lump sum estimate without fir obtaining approval of the STATE and the Federal Highway Administration and failure to obtain such approval may result in the MUNICIPALITY bearing the entire cost of such excess. D. The MUNICIPALITY and/or attorney or legal firm shall maintain, retain, and make available for audit by the STATE and Federal Highway Adminis- tration all accounting records and any other documentation pertaining to costs incurred for legal services for a period of three (3) years from the date of payment of the final voucher by the Federal Government to the STATE in accordance with FHPM, Volume 1, Chapter 6, Section 2. All legal costs incurred shall be included in the right-of-way costs and reimbursement to the MUNICIPALITY of its share of these costs by the STATE, upon receipt of properly itemized invoices, shall be in accordance with the cost distribution as hereinafter set forth. Payment for these legal costs shall be in accordance with the cost principles established by Part 1-15 of the Federal Procurement Regulations and/or Federal Highway Administration policies and compliance therewith by the MUNICIPALITY shall assure proper maximum Federal participation in these costs. -3- At the expiration of the period during which an affected party can enter an appeal from a condemnation award of the MUNICIPALITY, the MUNICIPALITY shall send written notification to the STATE either setting forth the names of the appellants or attesting to the fact that no appeals were made, Upon request the STATE will furnish the MUNICIPALITY a copy of more detailed information regarding the MUNICIPALITY'S responsibilities. 2. All right-of-way costs incurred by the STATE in connection with this project under this agreement are to be included in the overall participating project costs and are therefore subject to final distribution of approximately 75% Federal, 15% State, and 10% Municipality to be made after project completion, 3. In the event this project is not constructed as a direct or indirect result of any decision, action, or omission of the MUNICIPALITY, all the right-of- way costs are to be reimbursed in full to the STATE by the MUNICIPALITY. If, however, the project is not constructed for any other reason, the MUNICIPALITY is only responsible for the cost of any land or premises acquired. 4. Any right-of-way costs which are approved by the STATE but are determined to be non -participating by the Federal Highway Administration shall be split, at a mutually acceptable ratio, between the STATE and the MUNICIPALITY. 5• No statements, expressions of opinion, representations or agreements of any nature whatsoever, not herein expressly stated, made by any representative or agent of the STATE shall be binding on, or of any effect against, the STATE. This Agreement shall be binding upon the successors and assigns of the STATE and the MUNICIPALITY. IN WITNESS WHEREOF, the State of Vermont has caused its name to be ?'A d r, subscribed this p( day of 19 d / , by fi� lit L for the Agency of Transportation. Tom hvslln IN PRESENCE OF: Diane ,lakeslee /s/ Frances Bouf` fird STATE OF VERMONT AGENCY OF TRANSPORTATION (STATE) By: �1 \ /s/ Tom Evslin -4- STATE OF VERMONT At Montpelier, this day of Washington County, ss. / .. , A.D., 19 = , ,-�- personally appeared ��.'r� �`v r�-r. and acknowledged om Evsiin the foregoing instrument by him executed to be his free act and deed and the free act and deed of the State of Vermont. Before me, Diane t Iakeslee Notary Public IN WITNESS WHEREOF, the City of South Burlington November has caused its name to be subscribed this 24th day of Novem, A.D. , 19 81 , by its XXXX Manager duly authorized to do so. City CITY IN PRESENCE OF: ' ,% OF SOUTH BURLINGTON (MUNICIPALITY) By: /s/ Laura Kim 1 I A NLU -3 (24.d,,,4 V/ger /s/ William Szymanski /s/ Marie Gallant South J. Burlington this 74thday of STATE OF VERMONT At , Chittenden County, ss. November , A.D., 19 g l , personally appeared William J. Szymariski CITY as XXXX Manager of the City of South Burlington and acknowledged this instrument by him subscribed to be his free act and deed, and the free act and deed of the City of South Burlington APPROVED AS TO FORM O C T 0 7 1981 -5- Before me, Betty Hq Bailey Notary tublic to 2/10/83 State qf VermQT I MI8etneen -it-and City of South Burlington ,Vh x MY4 LX " VYA Mted —aQutb—B-ur-1j ii-2t on --7m Clerk'sOtfice Z RECEIVED F(XR REC= J, �4' X�Qc ernbeX A. D., 1911 at O'Cior-k 5 minutoo M., and Recorder! in Book --C-kQ— Page o(Land RemrdS. Attest coy Im Clerk re e oN� AGF SPATE Or VERI00N1' 0 DIVISION OF ADMINISTRATION 133 St,ite Street, Alontpelier, Vermont 05602 r iy � R1outh Burlington M 5200 (6) September 23, X Coburn & Feeley Real Estate, Inc. and Robert F. Cooper Messrs. Thomas Coburn, Richard Feeley and Robert Cooper c/o Coburn & Feeley Real Estate, Inc. 115 College Street Burlington, VT 05401 Dear Sira: In connection with the proposed construction of the above captioned highway project, please be advised that this Agency, in cooperation with the City of South Burlington, anticipates appraising your property located at 1775 Shelburne Road in the near future. This appraisal is required to estab- lish the fair market value of the property and a subsequent tender to you of an offer to purchase this land. This proposed purchase has been approved by the Federal highway Adminis- tration in accordance with procedures which allow for protective buying in extraordinary cases to prevent imminent development and increased costs of a parcel of land which costs would tend to limit the choice of highway alternatives. A corridor public hearing for this project was field on January 28, 1981, and D the City of South Burlington endorsed the preferred highway alignment, which affects your property, on April 28, 1981. Although this project is still in the early stages of development, we sincerely believe that this proposed acquisition is in the best interests of all parties concerned, and particularly in the interest of the general public. In order to assure fair market value determination, separate appraisals of your property will be accomplished by the firms of David J. Bettinger and Dale R. Robertson, respectively. These firms will contact you in the near future, prior to commencing their appraisals. In anticipation of your cooperation, we extend our appreciation for your assistance. If you have any further questions, please let us know. CF_RTIFIED MAIL UTURh RECEIPT TE:JFO:mgk Sincerely, Jt� � Tom Evslin Secretary cc: William J. Szymanski, Manager, City of South Burlington Richard A. Spokes, Esq. Central Files - Rr—t.urrr to_ Proprlrt' Adi'lini'trar.tiorr Pile - Eov i ew Fo (,t- — 'Y Y t •�" t ^_yi ram', So. 4 K } .. 0 Burlington M 5200 (6) n ® SF.7C)LR: C. mt+lete iwms 1. 2. and ?. u Add row .&lien in the -kEI' RH TO- K'a oar e, I. The following service is requested (check one.) DC Show to whom and date delivered............ ❑ Show to whom, date and addieu of delivery...._, C ❑ RESTRICTED DEUVERY Show to whom tin-] dste dcllveted............ _4 ❑ RESTRICTED DI'uv[RY. Show to whom, date, and addieu of drlivery,s_ t (CONSULT POSTNIA:i FFR FOR I:hiS) 2-ARTICLE ADURESS10 TO' i1 m Messrs. Thomas Coburn, Richard j i Feeley and Robert Cooper ; C/o Coburn & Feeley Real Est.,Inc' 115 College St., Burlington, � TV't . ARTICLE DES(;RIPTION: V5µ01 2RiGISTERED NO. CERTIFIED WO, 1l13u05 NO m (Always obtain Ngnaturq of ✓fdroy.oa or apcntl I have feceived tho article decctibed above. x SIGNATunE ❑A eame ❑Aethorlted awl 4. //,/C DATE OF DELIVERY `GTMAAK-� e. 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'� t 1R-K f. .. •r•.. �.� ,...� • �"._ • �,'t• A1►'•1:' - .. ...rf+.,r .. ^•.� �i,Yt�ORfA�t.e;J6'•P 1,� r rt RR 'Z.i,r. •v f",��"R:• •3,}C`�•7 r!, ... 1 ,.... ,� '. at int•a.F�� .. .Jr��►t".r•�„i:. ;'`a�!ti.!'f.hQ�{:S' �.a,t, r '� .' k. ' i v ti � -.. ,�y��y •t_ •., r .f r :: Y' = j • � ,. .. t'M F `' Y � ".F+�~rr•'. , '.'w�••r•e+• •-+.'^�M's`�lt�..eK!,t•Y�n- � r .•�rl+s'M►'- p�. w�•4 .t i '�..�P i• ..J/.Y 'Y . Ski. .,. "', .• .. . r�.�'.1 �- . January 13, 1982 Attorney Richard Spokes Spokes, Foley & Obuchowski P.O. Box 986 Burlington, Vermont 05401 Dear Dick, The Planning Commission has asked for a written opinion from you concerning their options in reviewing a site plan for an office building at the intersection of Shelburne Road and the proposed South Burlington Connector. Previously our understanding was that the Planning Commission could nqt delay or deny a site plan application just because there were future road plans through the site. However, the Vermont Agency of Transportation has had numerous correspondence and meetings with the City Council during the past year concerning acquisition of the property in question. We would like to know whether this changes the Plan- ning Commission's options in any way. The next meeting on this application will be Tuesday, January 26. A re- sponse prior to that date would be appreciated. Sincerely, David H. Spitz, City Planner DS/rig January 13, 1982 Larry Bliss Property Administration Division Agency of Transportation 133 State Street Montpelier, Vermont 05602 Dear Larry, Several questions arose at the Planning Comission's last hearing on the Cooper, Coburn & Feeley proposed office building on Shelburne Road. We under- stand that the Agency of Transportation has been looking into acquisition of this parcel, however, the applicant claims not to have been contacted. Could you tell us if you have corresponded with the property owner and/or plan to do so in the future. Also, what are your current plans and possible time lines for acquisition of this parcel? Finally, do you have any additional Anput that you wish the Planning Comission to consider at this time? Our next meeting on this application will be on Tuesday, January 26, and a written response prior to that time would be greatly appreciated. Sincerely, David H. Spitz, City Planner DS/mcg c,&-, r-&� � A-tM� !/ba/8o� s � A� � MEMORANDUM To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda items Date: 1/8/82 2) ICV, Shunpike Road I have been notifed by telephone that I.C.V. is withdrawing its application for this property. I hope to have written verification of that withdrawal before next Tuesday's meeting, otherwise it will be necessary to deny the application. 3) Basiliere, Meadow Road Existing lot contains 20,400 square feet. Zoning Board has approved area and frontage variances that will allow a 9,000 square foot lot with 60 feet frontage and an 11,400 square foot lot with 76 feet frontage. No setback variances have been granted. This subdivision will be compatible with the neighborhood as many existing lots are as small or smaller than the proposed lots. I see no problems with this application. 4) Unsworth, Airport Parkway Proposed building is on an 8.7 acre parcel located on Airport Parkway just south of the Lime Kiln bridge. Property is large enough to accommodate several build- ings. No subdivision is being proposed now, however, access is being laid out with considerations of potential future development in mind. Proposed driveway lies between the bridge and a wide curve along much of the property, and site distance is sufficient in both directions. Proposed use(s) are listed as automotive repair or light industrial service. Parking for 12 cars is provided in connection with this type of use. Any change in type of use or expansion of use that would require more parking would need revised site plan approval. No outside storage is proposed. Several cars to be worked on may be parked for short time periods inthe designated parking spaces. Landscaping value appears to be less than the required amount. Size of proposed trees must be indicated. 5 and 6) Bartlett Property and Precourt Because of unexpected delays (day in court), my memo on these items will not be available until Monday. 7) C.,Dugan-Moore This proposal is identical to the site plan approved by the Planning Commission approximately one year ago. The approval expired last September. The Vermont Agency of Transportation right-of-way division is currently working on acquisition of this parcel which is located at a key intersection for the proposed South Burlington connector. STATE OF VERMONT OFFICE OF THE SECRETARY 133 State Street, Montpelier, Vermont 05602 SPOR� Re: South Burlington M 5200 (6) R.F. Cooper and Coburn & Feeley Real Estate, Inc. Dr. Paul A. Farrar, Chairman City Council of South Burlington 1175 Williston Road South Burlington, VT 05401 Dear Dr. Farrar: i April 17, 1981 RECFi I am writing in regard to the City of South Burlington's apparent dilemma in the matter of a proposed structure to be erected on land at 1775 Shelburne Road by Messrs. Cooper, Coburn and Feeley. Since the City and State have a mutual interest in the land due to the proposed subject highway project, I believe it would be in the best interest of all parties to attempt resolution of this problem at an early date, preferably prior to construction of the building. Federal highway Administration procedures allow for "protective buying" in extraordinary cases or emergency situations to prevent imminent development and increased costs of a parcel of land which would tend to limit the choice of highway alternatives. Such action must be in the public interest and may occur only after official notice has been given to the public that a particular location has been selected to be the preferred or recommended alignment for a proposed highway or only after a public hearing has been field. JI understand a meeting has been scheduled for May 4, 1981, to discuss this matter and the proferrcd highway alignment. Assuming agreement on the alignment that would require the acquisition of the property in question, we would like to request, as soon as possible, Federal Highway Administration 'authorization to acquire this property under the provisions of protective buying. Prior to'sumbittal of this request, however, we must receive a firm commitment from the City indicating that, in the absence of successful negoti- ations with the property owners, the City of South Burlington will initiate condemnation procedures for this land upon notification from this Agency and will complete said procedures in a timely manner. In order to comply with the above requirement, please determine the City's intentions and forward a reply to me at your earliest convenience. Sincerely, Tom Evslin Secretary TE:JFO:mgk / cc: William J. Szymanski, Manager, City of South Burlington V e AD-w . XXXXXXXXXXXXXXX April 28, 1961 tato of VormonL nf f ice of the Focr. etary 133 State Street Montpelier, Vermont 05602 Attns Tors Ivslin, Secretary Re: :south Burlington M 5200 R.F. Cooper and Coburn a Dear Mr. Evslin: 575 Dorset Street (6) Feeley Real Estate, Inc. Due to the urucncy of the above referenced matter and in tr:e absence of Dr. Paul A. Farrar, Chairman, who is out of town until ► ay 7, 1931, T w:l taking the liberty of answering your letter to Dr. rarrar dnto,l April 17, 1981, a copy of which I received on April 24, 1901. An you are mware the City has a sttily ccnmittee working with the State t+.i►lt�wny Drpartrient on several alternatives for tl'C_ location of this t-ro jF�ct, Dr. Farrar and Councilman rt�3rtin :'aulscr. are 1;�eb'.ur, c�` this com-nittec. :'his committee, thce City Cotii:cil and the T'lanninq CO'rnmis:�ion nll endorsed the prorosc�j rua : at the: location that will require the acquisition of the Cooper, Coburn & reelcy property. Therefdre, I request tilat you procc -�d cxnetliti.ously as r,ossit le anti obtain Federal arproval for acquiring this property under the provision of protective buying, referred to in your letter. The City Council meeting that was schetluleci for May 4, 1981, .,as been reschedulct: for may 11, 1981. I o:ill schedule this matter first on the agenda, if you feel it is necessary to further discuss it. WJS/b Thank you for your cooperation in this matter. iz Very -truly yours, :lilliam J. Szymanski city Manager v =CXXXXXXXXXXXXX 575 Dorsot Streat May 5, 1981 State of Verriont Office of T'ie e.r ocrtary C 13 3 f.t"itc% .^.tram Ptontpelier, Vormont O:C,02 httn: Torn Fvslin, £ccretary Re: South 2urlington �t 5200 (6) R.F. Cooper, and Coburn & Feeley Real Estate, Inc. Doar ?Ir. L:vs lin : This lcttcr i.. a f&llow-up of my letter dated April 28, 1931. Tha city of r'o•rtr: nurlington will initiate condemnation " pr-oce,.luren, in a tincly r►a nor if negotiatiot:n for acquisition or the R.F. Cooper, and Cot -urn & Feeley Re"11 1SEtate, Inc. pro!-,erty at 1775 f:hell-urne Road, :south Burlington is unnacceasful. Very truly yours, "illiari J. Szyxnanski Cmty :imager WJS/b PLANNING COMIMISSION MARCH 10, 1981 The South Burlington Planning Commission held a regular meeting on Tuesday, March 10, 1981 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Rd. Members Present Sidney Poger, Chairman; George Mona, Kirk Woolery, Ernest Levesque, James Ewing Members Absent Robert Walsh, Peter Jacob Others Present David Spitz, Planner; JohnO'Sullivan, Jerry Chase, William Wessel, Mark Hill, A. J. Siner, Michael Dugan, Eric & Mary Farrell, Richard Feeley, Roberta Coffin, Ann Emery, Jodie Peck, Free Press Minutes of March 3. 1981 Mr. Mona moved to approve the March 3. 1981 minutes as written, Mr. Levesque seconded and all voted in favor. Continuation of application by South Burlington Realty Corporation for site plan approval of a 26,000 sq. ft. warehouse and distribution facility at 2069 Williston Road Mr. Spitz said the applicant was still not ready and that he would seek a formal withdrawl of the application. Mr. Mona moved to continue the site plan application of South Burlington Realty until March 24 at 7:30 Pm at City Hall. Mr. Levesque seconded the motion and all voted aye except Mr. Woolery, who abstained because he had just come in. Continuation of application by Farrell Construction for site plan approval of a 29,70U sq. ft. office building at 1775 Shelburne Road Mr. Dugan noted that this was a speculative building but that they had made some guesses as to occupancy. He had sent a letter describing these calculations (dated March 5 and on file with the Planner). They assumed that 7U",t of the workers in the building would live to the north and that, based on traffic figures for office buildings, the a.m. peak would show 69 trips to the site and the p.m. peak would show 65 trips away from the site. For the left -turning cars in the a.m., they propose a 4' widening of the shoulder on the east to let cars pass. For cars coming from the north, they propose widening the road 40' before the turn. The traffic light at Bartlett Bay Road provides gaps in the traffic at this location. Mr. Spitz said the delay in getting out of the site will not be bad enough to justify another traffic signal here. Regarding upgrading of the shoulder, the state will have to approve it, but Mr. Spitz felt they would. The question of a bus stop was discussed. Mr. Levesque felt a larger stacking lane for the bus going south should be put in. Mr. Poger felt the right lane should be identified as a passing lane and Mr. Mona mentioned signing. 2. 1-1.,ANNTNC; Ca:,_ IT�;SION MARCH 10, 1981 Regarding the parking lot, it will contain 119 parking spaces (some have been removed at the fire chief's request) and will be asphalt. The Commission felt the lot should be striped. .Moving the handicapped spaces was discussed - they will be on the other side for ease in getting out of the car. Mr. Woolery asked about the Southern Connector but was told that to deny the application on that basis would be to deny use of the land. It was noted that to buy or option the land would result in a loss of federal funding. Mr. Mona did not feel the passing lanes were large enough and he liked the suggestion about the bus. A sidewalk will be required. A larger lane and bus stop on the north side of the west part of the road was mentioned. Having the developers return after they recieve state approval for the upgrading was discussed. Mr. Mona felt the passing lanes needed to be as long as the length of the property on both sides of the road. Mr. Poger felt provision should be made for a bus stop on the interior of the site. Mr. Mona felt the deceleration lane for cars coming from the north should be lengthened too. Mr. Spitz disagreed. Mr. Woolery moved that the South Burlington_Planning Commission approve the site plan application of Farrell Construction Company for a 30,000 sq. ft. office building as depicted on a plan entitled "Pro posedOffice Building, -- . - 1775_5helburne_Road,° prepared by Farrell Construction__Company, last revised March 3, 1981,_s4bject to the following stipulations: 1. A sidewalk shall be constructed along the entire frontage of the property. 2. Entrance radii shall have concrete curbs. 3. Two hydrants shall be installed at locations approved by the Fire Chief and entered on the plan of record. 4. The width and length of road shoulder improvements shall be as approved by the Vermont Agency of Transportation. The widening of the shoulder on the southeast side of the road should be at least the entire length of the frontage south from the entrance. 5. A_bond_--for_landscaping, sidewalk and road -widening improvements shall be_provided prior to issuance of a building permit. 6. A complete drainage plan shall be submitted to and approved by the City Engineer prior to issuance of a building permit. 7. A revised site plan, containing information required from stipulations 1, 3, 4, and 6 shall be submitted prior to issuance of a building_permit. 8. This site plan approval expires in 6 months. Mr. Ewing seconded the motion. Mr. Farrell stated that if the CCTA bus wanted to pull onto this site, they would be happy to provide the bus with a place to stop. Mr. Mona mentioned a sidewalk to the north of the entrance road. Mr. Ewing encouraged the developers to put this in, but he felt it should not be a stipulation. 3. PLANNING COKMISSION MARCH 10, 1981 A letter will go to the State Agency of Transportation expressing Commission concerns about striping and signing to properly channel traffic. Mr. Mona moved to add a stipulation to the motion that "the length of the deceleration Inne on the northwest side of the property be extended he full extent of the property frontnpe." ,Mr. Levesque seconded the motion. He then moved to amend the previous motion to add "if the extended length is deemed necessary by the Agency of Transportation." This motion died for lack of a second. Mr. Mona's original motion failed with Mr. Mona voting aye and Mr. Levesque abstaining. The motion carried with Messrs. Woolery and Mona voting no. Mr. Woolery stated that he liked the plan, but he was worried this building might kill the Southern Connector. He said that if funding did not come through and it looked like the road would not be built for an unreasonable time, he would vote for the project. He was afraid the additional funds necessary to take the building down might mean the Connector would not be built. Mr. Mona was not fully satisfied that traffic in front of and turning into the site was adequately handled by the plan and he was not assured that the Agency of Transportation would take care of the city in this matter. Mr. Levesque agreed with Mr. Woolery, but noted that the state could use the rail bed they own to build the Connector on. Application by SBC Burlington Corporation for site plan approval of a 90 seat the»ter addition in the Burlington Plaza Shopping Center on ::helburne Rd. Mr. Spitz noted that Welby Drug had submitted a traffic report on the area when it was in for review a while ago. The report shows that some intersection approaches are not in very good shape. Mr. John O'Sullivan said they proposed a third cinema using the present mall area. 94 seats will be removed from the present seating capacity and the third cinema will contain 94 seats. This will leave the capacity at its present 708. They will come out on the same line as Welby and the sidewalk will be the same depth as it is in front of Welby. They will be building in the present walkway and the entrance to the 3 theatres will be from what is left of the enclosed mall. Another exit will be added. From Cinema Two people will be able to exit to the rear. Regarding traffic, it was noted that several intersection approaches were level of service D, but the criteria for a PCD state that the changes cannot worsen the traffic at peak hours. Looking at this proposal and how it would affect the pea:: hcur, Mr. Mona did not see an impact. Mr. Spitz said that as part of its application Welby was going to put some trees in the front of the building. This applicant would like to put his landscaping in the front entrance, near the sign. Mr. Woolery moved that the South Burlington Planning Commission approve the site plan application of SBC Burlington Corporation for a 90-seat theatre_ addition in Burlington Plaza Shopping Center as depicted on a plan entitled "Alterations and Additions, Cinema 1, 2 and 3", �___. d by R.I. Lamphere _ --- Corporation, dated March 2, 1981,_sub.ect to the following stipulations: 1. Landscaping in front of the_ build ingj_as_proposed in the recent Welby application, shall be relocated so as not to be directly in front of the new cinema entrance. 2. A landscaping bond of $1000 shall be provided. DHS 3/10/81 STIPULATIONS For the Site Plan Application of Farrell Construction Company for a 30,000 square foot office building as depicted on a plan en- titled "Proposed Office Building, 1775 Shelburne Road," prepared by Farrell Construction Company, last revised March 3, 1981: Stipulations: 1) A sidewalk shall be constructed along the entire frontage of the property. 2) Entrance radii shall have concrete curbs. 3) If the building will be sprinklered, two hydrants shall be in- stalled at locations approved by the Fire Chief. 4) The width and length of road shoulder improvements shall be as approved by the Vermont Agency of Transportation. 5) A bond for landscaping, sidewalk and road -widening improvements shall be provided prior to issuance of a building permit. 6) A complete drainage plan, including a possible easement across the rear property to the existing drainageway, shall be submitted to and approved by the City Engineer prior to issuance of a building permit. 7) A revised site plan, containing information required from stipulations 1,3,4, and 6 shall be submitted prior to issuance of a building permit. 8) This site plan approval expires in 6 months. M E M O R A N D U M To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda Date: 3/6/81 3) Farrell, Shelburne Road Applicant has submitted requested traffic information (enclosed). It is apparent from the indicated traffic volumes that there will be some delays for left -turning movements - both into and out of the new building. However, the Bartlett Bay signal will provide gaps to enable vehicles to turn north onto Shelburne Road; and the existing shoulders on Shelburne Road are wide enough to allow vehicles to easily pass any car turning into the office building. In addition, the applicant is proposing to widen the shoulders 4 feet to become full 12 foot lanes to make passing movement even easier. 4) SBC Cinema, Shelburne Road Applicant is proposing a third cinema to replace the enclosed mall area - similar to the Welby Drug proposal. Total seating capacity of the three cinemas will be same as the current two cinemas. Landscaping requirements will be met along the Shelburne Road frontage of the property rather than in the direct vicinity of the building. This site is being reviewed under PCD traffic criteria. In accordance with the stipulation for the Welby Drug application, a traffic study for the site was submitted. Conclusions from the study (enclosed) indicate that several intersection approaches operate at worse than level of service C. A letter from the current applicant (enclosed) indicates the expected amount and timing of any increase in traffic. Since the total increase will be minimal, the volume of cars at any one time will be staggered, and all traffic will be.after peak road hours - there should be no adverse effect from this application onthe existing level of service. 5) Meineke Muffler There are no major issues for this 40x40 foot addition to the Meineke Muffler building. Additional parking and landscaping will be provided. RESIDENTIAL COMMERCIAL F, ..IRELL CONSTRUCTION COMPAV INC. 309COLLEGE STREET BURLINGTON, VERMONT 05401 AREA CODE 802-658-1225 March 5, 1981 Mr. David Spitz, Planner South Burlington City Hall 575 Dorset Street South Burlington, Vermont 05401 RE: Proposed Office Building - 1775 Shelburne Road Dear David: In response to the South Burlington Planning Commission's concern over the nature of turning movements at the proposed site during peak hours, we have made a survey of the area and based the project building usage :on the geographical distribution of the population of the seven surrounding municipalities. We hereby submit a revised site plan responding to in- formation garnered by the above investigation. The total 1980 census population of the Burlington, South Burlington, Essex, Colchester, Shelburne, Williston and Charlotte communities is 86,811. The percentage of each commuter to the whole is as follows: Burlington 44% South Burlington 12% Essex 16.3% Colchester 14.5% Williston 4.4% Shelburne 5.8% Charlotte 3% The proposed site is situated in a location where the population's of Burlington, Essex, Colchester, Williston and approximately 50% of South Burlington is located to the North of the site. The population of Shelburne, Charlotte and 50% of South Burlington is located to the South of the site. By comparing the 1970 census count of the concerned areas with that of the 1980 census, it is apparent that there is a movement away from the urban core. Mathematical deduction indicates that 85% of the potential occupants of the building will reside North of the site while the remaining will re- side to the South. As a projected model for 1990, we have assumed that South bound traffic will be reduced to 70% and North bound traffic will increase to 30%. Using information generated by an independent traffic survey (1979) for general office buildings, the number of trips per 1000 sq. ft. during peak hours. A.M. between 7:00 and 9:00 is 2.32. This peak hour A.M. traffic is 29.7 X 2.32 = 69 trips to the site. The P.M. peak hour traffic is 29.7 X 2.2 (survey above) = 65 trips away from the site. If 69 trips arrived at the site during A.M. peak hours and 70% of them poten- tially are South bound, then we would expect 48 trips to turn right into the site. The remaining 19 trips would turn left into the site. Mr. David Spitz, Planner Page 2 March 5, 1981 If 65 trips left the site during P.M. peak hour, potentially 46 turn left out of the site and travel North. The remaining 19 trips would turn right out of the site to the South. According to a traffic survey compiled by the State of Vermont during the summer of 1978, the maximum number of trips North bound peak hour (A.M./P.M.) was 810. The maximum number of trips North bound during peak hour (A.M./P.M.) was 1,130. It is apparent that peak hour traffic either A.M. or P.M., South bound, passing the proposed site, is of the most concern. The crossing of Shelburne Road to the site against South bound traffic may cause the continuing North bound traffic to pass on the right. Presently, there is enough room to pass by using the right hand shoulder. We propose up- grading the shoulder as shown on the revised site plan. To facilitate right turning South bound vehicles we propose upgrading the shoulder prior to entering the site. We believe this is an acceptable solution to a potential problem. Sincere , Michael L. Du n MLD/pb ENC. 0 TRAFFIC SURVEY MARCH 3, 1.981 South bound traffic signal at Bartlett's Bay Road and Route 7 intersection: Green Signal Red Signal 60 Seconds 30 Seconds 30 cars can pass through intersection South bound on Green Signal. SHELBURNE ROAD WITH PROPOSED BUILDING AT 1775 Cars Passing Right. -Turning Vehicles - Delay/Veh. 0 Sec. ( 0) Left -Turning Vehicles - Del.ay/Veh. 61 Sec. Max. (15) PROPOSED BUILDING AT 1775 SHELBURNE ROAD Right -Turning Vehicles - Delay/Veh. 61 Sec. Max. (40) Left -Turning Vehicles - Delay/Veh. 66.5 Sec. (41) ` 3 PLANNING COMMISSION FEBRUARY 24, 1981 Application by Farrell Construction Company for site plan approval of a 29,700 square foot office building at 1775 Shelburne Road Mr. Eric Farrell represented Coburn and Feeley in this matter. He said they had a 2.34 acre parcel with 300' frontage on the west side of Shelburne Road north of Fassetts. 148 parking spaces are shown, as are required by the ordinance. On the south and west sides of the property there will be a row of cedars, which is required by a covenant on the land. Mr. Spitz said the proposal met the Cl/C2 formula - the gross floor area is within the standard for a medium traffic generator. He noted that a similar proposal had come before the City Council under interim zoning and hnd been denied because the building is located at the site of the terminus for the proposed .south Burlington Southern Connector. The City Attorney feels that even though good planning dictates leaving that area open, doing so in this case would constitute a taking of land without compensation. Mr. Spitz felt the entrance to the lot should be across from the entrance to the restaurant on the other side of Shelburne Road, to avoid left turn conflicts. He also felt the parking requirement was excessive and proposed 1 space per 250 sq. ft. instead. He suggested that 2 spaces be removed from near the front and rear entrances and that other spaces be removed to increase the green area. He said the drainage issue would have to be resolved and that the fire chief might want a hydrant if the building were sprinklered. Mr. Mona agreed that the Commission would have to review the project on the possibility, though small, that the Connector, as it is now planned, will not be built. Mr. Ewing felt it was sort of bad to have gone through a lot of time and effort to plan the Connector and then have a building proposed right in the middle of it. Mr. Spitz said 119 parking spaces would be required at 1 per 250 sq. f t. Mr. Dugan, also representing Coburn and Feeley, said there would be a retention pond on the lot. Mr. Ewing said they would need a drainage easement for the pond overflow, but Mr. Dugan said only if they could not control it. Traffic was discussed. Mr. Spitz said that Cl/C2 allowed a specific number of trips per hour and the city had figures on how much office buildings, for example, generated per square foot. If the use proposed was over the numbers, it had to meet PCD requirements, but if it was under, as this one is, it was a permitted use. Using national figures, this use should generate about 50 trips per peak hour, which is under the 90 which will be allowed under the new ordinance soon to become effective. Mr. Mona was concerned not about the number, but about the nature of turning movements here at peak hours, particularly about northbound cars being held up by people turning left into this lot. Mr. Walsh felt the Commission had established traffic standards which this applicant met and he was not comfortaole discussing the addition of a deceleration lane, for example. rir. Mona, however, wanted to see a proposal to solve what looked like a problem to some members, and he suggested the applicants talk to the State. Mr. Walsh asked about landscaping. It was requested that the dumpster be screened and Mr. Dugan said they could screen an area for it. Junipers will be planted on the west and east lines and there will be flowering crabs around the building. Parking spaces are 9' x 20'. The building is 3 stories but under 35' high. It is oriented for passive solar heating. Messrs. Jacob, Levesque, Ewing and Woolery expressed a desire to look at traffic further. Mr. Ewing felt they needed some counts and to look into some sort of additional lane there. Mr. Woolery wanted to know the level of service 4. PLANNING COMMISSION FEBRUARY 24, 1981 at the nearest traffic light and how many cars would be turning left into the lot from the south. He mentioned a sidewalk and some sort of wide area to pull out in on the side. Mr. Mona said the concern was not counts, but what happened in terms of left and right turns. He warned the applicants that the Commission might want them to rearrange the road in front of the property, and suggested again that they talk to the State Highway Department. Mr. Ewing moved to continue the public hearing on this application until two weeks from tonight at City Hall at 7:30 pm. Mr. Walsh seconded the motion and all voted for it. Application of GBIC for preliminary plat approval of a 55,700 sq ft building for a light manufacturing operation on Hinesburg Road south of Interstate 89 Mr. Ronald Schmucker said he represented 23 property owners and understood that there was presently no zoning ordinance under which this proposal could be considered. fie stated that he felt this was an illegal and unwarranted meeting. Mr. Mona replied that there was a warned public hearing set for March 9 before the City Council at which time the zoning change to industrial in this area will be reviewed and acted upon. He said the Commission was proceeding simultaneously with the review of the application. Mr. Schmucker felt it was almost as though the Commission was sponsoring this project and he felt this was the first time anything like this had occurred. Mr. Spitz slid that when the Comprehensive Plan was adopted in November it identified this area as industrial, which it is felt gives the Commission the basis to start the process simultaneous with the zoning change. Final approval cannot be given until the zoning change is in effect, but preliminary work can be done. He added that he had discussed the situation with the City Attorney, but would now ask for a written opinion from him, but he did not feel that should interfere with tonight's hearing. Mr. Mona said the Commission would proceed to review the application, Mr. Schmucker said he and his clients would participate under prejudice, and Mr. Walsh noted his exception to the Chairman's ruling. He felt Mr. Schmucker had raised a problem based on the law and that it would be proper to have a written opinion from the City Attorney before the Commission proceeded. Mr. Woolery felt the board should take no action but that it could proceed and take testimony. Messrs. Ewing and Levesque favored proceeding and Yr. Jacob felt it did not matter one way or the other to him. Mr. Mona said the Commission would proceed. Mr. Trudell represented GBIC in this matter. He showed the area in question. The size of the airport approach cone on the drawing was questioned and Mr. Mona asked that it be accurately drawn for the next meeting. The building size is now being finalized, but it will be 57,000 to 60,000 sq. ft. in size and will be located on top of a rocky knoll. The entrance will be located on the east side of the Hinesburg Road frontage, where the sight -distance is best - 1210' north and over 3000' south. Water will be brought across the full frontage of the property and fire hydrants will be added on the property. A pump station will be constructed and an easement given to serve the areas south of the project with sewers. The entrance road will be burmed and landscaped and the parking area screened. Mr. Trudell said that the building would not block the visibility of either the top or bottom of Mount Mansfield from Hinesburg Road. Traffic was discussed. Census data from 1970 and 1980 was taken and projected forward to 1986 and based on population studies, 88� of the cars would come from or go to the north on Hinesburg Road, while the other 12% .wu+a..t City of South Burlington 1175 WILLISTON ROAD . SOUTH BURLINGTON, VERMONT 05401 ...°''` TEL. 863-2891 February 24, 1981 Mr. Sidney Poger, Chairman South Burlington City Planning Commission 575 Dorset Street South Burlington, Vermont 05401 Dear Mr. Poger, On Monday, February 23, 1981 I talked to Mr. Feeley and reviewed plans on a new office building. He would like to build on Shelburne Road. If the fire service is to give proper fire protection the following must be done. (1) Install two fire hydrants on the property. One by the front of the complex and one in the back. (2) Remove two parking spaces by front walkway and two parking spaces by the back walkway heading into the building. If you have any questions please feel free to call me. Sincerely, Ixi James W. Goddette, t/ Fire Chief JG/mcg No Text E M O R A N D U M ) To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda items Date: 2/20/81 2):, South Burlington Reatf4, Williston Road Applicant has requested a delay until the next regular meeting (March 10) to allow for possible redesign based on topography limit- ations in the rear of property and new tenant's requirements. 3) South Burlington Realty, San Remo Drive Applicant is appearing before the zoning board Monday for dimensional and parking variance requests. Pending favorable action the applicant will then proceed with site plan review. This lot and proposed building is a mirror image of the adjacent lot to the north which received site plan approval in November 1979. Previous stipulations which should also apply to this lot are (a) planting of cedars at 3 foot intervals along the rear property line, and (b) prohibition of roof drainage onto adjacent lot to the south. This is a speculative building. 14 proposed parking spaces are sufficient only for certain types of uses - e.g. wholesale, warehouse and distribution, etc. - and approval should be limited to specified uses. 4) Farrell, Shelburne Road Proposed office building is on the Coburn and Feeley lot on which a similar proposal was rejected by the City Council under in- terim zoning because the site is within a proposed intersection for the South Burlington Connector. The City Attorney has advised that the Planning Commission's site plan authority does not provide for re- jecting a proposal even though it conflicts with transportation pro- visions in the City's comprehensive plan. Curb cut is proposed at the northern edge of the property. A pref(,rahle location would be directly across from the Benes Inn drive- way. Sight distance is adequate at both locations. Applicant has proposed 148 parking spaces (1 per 200 square feet), as per the ordinance. I feel this is excessive. Removal of up to 28 spaces would increase green space and would still leave l space per 250 square feet. A sidewalk should be provided along the frontage of the property. 5) GBIC See attached information. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Next week's agenda items Date: 2/20/81 3) Proposed Building, 80 San Remo Drive 1. Site plan should include contours and building slab elevation. Site must drain toward San Remo Drive. 2. Curb opening shall be a depressed concrete curb paved in place. A City Curb opening permit is required. 4) Office Building, 1775 Shelburne Road 1. Sidewalk along Shelburne Road should be included. 2. Deceleration lane along Shelburne Road should be included. Also, a State road opening premit will be required. 3. Entrance radii should have concrete curbs. 4. A storm drain system with settling basin should be included. Parking lot will generate a high storm water runoff which drains to the north west. A drainage easement across this property should be obtained.