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HomeMy WebLinkAboutSD-93-0000 - Decision - 0520 Shelburne RoadPLANNING COMMISSION_ 27 April 1993 page 10 street (i.e.j irrevocable offer of dedication_) shall be sub- mitted to the Ci ty Attornev for approval and recorded in the South Burlin ton land records. 20. Prior to issuance of a zonin �buld�i permit for lot #2, the i applicant shall -pay the appropriate sewer and recreation fees. 21. In accordance with Section 301.5 of the subdivision�n regula- tions, within 14 days of completion of the required public r.o.w. improvements, the developer shall submit to the City En ineer "as -built" construction drawin s certified b a re istered en- ineer. 22. The final plat plans (i.e., survey plat and en ineerin draw- in�l shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chair or Clerk prior to recordina.. 23. If substantial construction of the pro ect has not started within three years the approval for the planned commercial de- velopment on the 11.64 acre parcel shall be null and void. 24. The a licant shall obtain a certificate of occupancyermit from the Zoning Administrator prior to-occcueancv of any buildin . 25. As expressly represented by the applicants the building ces along Dorset�St. will be�desi n�4ed�so_as to -appear -as -n as "buildi fronts." ---� 26. The applicant_ or its successors and assigns shall maintain th_e _pu_b_lic r. o.w. a_ nd im_provements therein until such time as the r.o.w. is accepted by -the City. -�---�������������� - -- 27. The fence alon the west property line shall be extended to the turnaround area to screen exitinq car headlights from the residences on Oakwood Drive. - Mr. �Crai2_s conded and the motion was then passed unanimously. 4. Public hearing: Continued Preliminary Plat application of Thomas Farrell for a planned comnmercial development consisting of a new bank building with drive-thru service, existing car wash, existing office building, existing restaurant/bar building and leased parking for the adjoining Ben Franklin business, Shel- burne Rd.: Mr. Oppenlander presented traffic information. They have met with Regional Planning and have changed operation of 2 left turns into the development (Home Avenue, O'Dell Parkway) This will now allow left turns when traffic permits, not only with the turn -10- PLANNING COMMISSION 27 April 1993 page 11 light. This reduces the level of service to "D" and also re- duces the length of the queue to various approaches. Mr. Craig as whether the City of Burlington has see this. Mr. Weith said they have not but have requested to see N. He suggested they see it before final plat. Mr. Oppenlander said Don Morley of Burlington wasn't sure whether this was Burlington's responsi- bility or the States. Mr. Weith said the State said it is Bur- lington's responsibility. He added that staff and Regional Planning also recommended seeing if it is feasible to extend the southbound stacking lane. Mr. Marshall said this can be done by adjusting the center line striping. The road width is adequate. Mr. Craig questioned the curb cut that cuts through the Citgo Station and felt a cut that close to an intersection is bad. Mr. Lamphere said the Farrell's don't control that. Mr. Burgess said he presumed it was the applicant that gave Citgo the curb cut. Mr. Craig said he couldn't vote for the plan with that curb cut. Mr. Heilmann said with parking pressure up front, they can't get Champlain Oil people to agree to close the curb cut. Mr. Craig noted you only have to have one car trying to get in that curb cut to block the intersection. Other members didn't like the curb cut but said they wouldn't vote against the plan because of it. Mr. Carroll suggested a median in the O'Dell access which would prevent a left turn into the Citgo Station. Mr. Marshall said widening the access would have some impact on utilities. Mr. Lamphere said if it doesn't create any other problems, they had not objection to the median. Mr. Carroll noted there was a meeting that Ben Franklin did not get a notice for. He said when the r.o.w. on O'Dell is widened, there will be lost parking near Ben Franklin (17 prime parking spaces.) They would like that parking back. Other issues: Mr. Heilmann said they are opposed to changing the location of the fence. Mr. Kochman showed photos to the Commission and said they had asked for an 8-foot fence because of the horrid situation with Bambino's. The 8 foot fence still allows light to shine into their house. Mr. Lamphere said the lights will be changed and will be shielded. Mr. Kochman noted the fence now is where the first row of parking is to be. If you move it 50 ft., the residents will now see the cars in the parking lot and headlights will come over the fence. Mr. Craig asked the applicant if they will raise the grade of the fence when the grade of the land is changed for drainage. Mr. Lamphere said the grade will be one foot higher because of the filling. Mr. Burgess said this sounds like a new benefit. Mr. Kochman noted the woods that separated the residential and commercial land were cut down by Mr. Farrell. Some cedars were planted as part of an agreement with the city. He noted these -11- PLANNING COMMISSION 27 April 1993 page 12 are not shown in the present plan. Mr. Lamphere said these trees will remain. Mr. Kochman said residents are concerned with re- storing some of what was there and noted the City Planner has asked for 5 rows of hardwoods to a depth of 100 ft. He felt this was necessary to preserve the residential neighborhood. Mrs. Maher said she would like to see as many trees as possible put back. Mr Weith said he felt the area should be heavily buffered and suggested a condition that a substantial amount of landscaping be put in that area. He said this could be reviewed at final plat. Mr. Burgess made it clear to the applicant that the Commission will require more than a minimum landscaping plan. Ms. Peacock moved the Planninq Commission approve the Preliminar Plat application of Thomas Farrell for a planned commercial de- velop_ment consisting of a new 2,260 sq. ft. bank with drive - through service, xistinq car wash existin office buildin existing restaurant/bar buildinq_, and_leased parkinq for the ad. - joining Ben Franklin business as depicted on a four page set of plans, page one entitled "Survey Plan, O'Dell Park PCD," re ared by Civil Engineering Associates, Inc., and dated 2/93,Wlast re- vised 4/1/93, with the followinq stipulations: 1. _An_y previous approvals and stipulations_ affectinq the subject property which are not su erseded b_y this approval shall remain in effect. 2. Al_l proposed and existing exterior site lighting shall be ap- propriateshielded so as not to cast light beyond the property ly line. Any change in existing lighting or new lighting shall be approved by the City Planner prior to installation. 3. The final _plat plans shall include aWroad�ical section and storm sewer typical.� -- 4. Prior to issuance of icant shall _post a landscape bond to cover the installation cost and value of proposed street trees and site la_n_dscaping The bond shall remain in effect for three years to�assure that the planted landscaping has taken root and has a good chance of surviving. The amount of the bond shall be determined at final plat. 5. Legal_ documents_ for the _proposed public street r.o.w. (i.e., irrevocable offer of dedication )_ and easements ( e. _drainage easement) shall be submitted to the CiLuAttorney�for_aE2roval and shall_ be recorded in the South Burlington Land Records prior to issuance of a zoning/building permit for the new bank building 6. Prior to recordinq the final plat plans, a "Notice of Condi- tion" shall be recorded in the land records which identifies this -12- PLANNING COMMISSION 27 April 1993 Sage 13 entire develo ment as a Tanned commercial develo ment (PCD) and which le ally ties all the lots in this development into one PCD for all lanninq, zoning and subdivision ur oses. 7. Prior to final lat submittal the lans shall be revised to__ show the following: a. minimum 2-1/2 inch calf er street trees. b. larger sizes for proposed site landscaping species, c. the existin cedar hed e alon the residential ro erties to the north shall be correctly shown, d. a street li htin fixture that will be maintained by Gre_e_n__ Mountain Power Corporation, _. e. note identifying vacuum stations for car wash, f. consistent fire hydrant s mbol on all fans q. correct spellin��of abutter "Reyes" on all plans where abutter names appear,_ h. a ro riate barrier between arkin s aces and ublic sidewalk i._ depressed curb across far easterly access to Bambino's j. additional parking spaces located near the Seaway Car Wash and Ben Franklin, k._input re a rding�a median in the approach of the Shelburne Rd O'Dell Parkwa intersection to revent left turns into the westernmost curb cut in front of Ben Franklin. 8. Prior to final lat the a licant shall submit the traffic analys_i_s to the Cit of Burlin ton for review and comment. In addition, the applicant shall evaluate the feasibility 2f in- creasinq the length of the southbound left -turn lane to ade uate- ly accommodate anticipated left -turn a2eues, Prior to final 2.lat the applicant shall submit a letter from the Cit of Burlin ton a roving the proposed chap es in signal timing and any improvements to increase the southbound left -turn stackipq lane. 9. A bond for al_l_ irovements within the future street r. o.w. (i.e. _street construction sidewalks, storm sewer, etc) shall be osted prior to issuance of a zonin buildinermit. The amount of the bond shall be approved by the City Engineer. 10. The a licant shall be res onsible for maintainin the new -13- PL kUINING COMMISSION 27 April 1993 page 14 street until such time as the street and r.o.w. is accepted and taken over by the City. 11. The `Commission ap roves a sewer allocation of 120 gpd for the new bank -building. The applicant sh_ all _pa_y t_he r�jauired sewer allocation fee rior to issuance of a zonin buildinq permit. 12. Sheet C-2 shall be revisedprior to final pLat submittal to_ show a substantial amount of additional landscaapinq to better screen this development from the Hadley Road properties. 13. The applicant shall submit the final plat application within 12 months or thisapproval is null and void. Mr. Crai seconded. Motion passed unanimously. 5. Site plan application of Champlain Oil Co, Inc, for demolition of an existing building and canopy and construction of a new 1012 sq. ft. building and 2953 sq. ft. canopy for gasoline sales and convenience store use, 1055 Williston Rd: Mr. Cairns said there will be an "in -only" entrance coming from the Interstate. The other access will be ingress and egress. There will be landscaped area and wall between this property and Greers. There will be landscaping on the side of the wall and also by the identification sign and on Williston Rd. This will be a Shell station, similar to the one on Shelburne Rd. The Zoning Board has granted multiple use and variances for increased coverage and setbacks. Mrs. Maher asked what the "hardship" was as this is one of the criteria for such variances. She noted the changes will result in a 20% increase in peak hour trip ends. Mr. Sheahan asked if there will be a deli. Mr. Cairns said not a "full-blown" one, just coffee. Mr. Craig noted they are 17% over on traffic. Mr. Weith said staff recommends approval based on 3 improvements: improved circulation, proposed medians on Dorset St. which will benefit access and prevent left turns to and from droset St. curb cut, and negotiations in good faith for an access management plan. Mr. Sheahan said he would like to prevent other sale vendors on the site. Ms. Peacock moved the Planning Commission approve the site plan application of Cham lain Oil -Company for demolition of an e_xi_sti2a_building and c_an_o_py and con_st_ru_ct_ i_ on of a ne_w_ 1, 012 sq. ft. buildingand 2 952 s . ft. canopyWfor qasoline sales and con- venience store use as depicted on a plan entitled "Interstate Shell, TUT -SF Food Mart Retail Gas Outlet," re ared_12y P.__ -14-