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HomeMy WebLinkAboutBATCH - Supplemental - 0764 Shelburne RoadJune 14, 2012 Re: #SP-12-20 Dear Applicant: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Development Review Board concerning your recent application. Please note the conditions of approval including that a zoning permit must be obtained within six (66) months. If you have any questions, please contact me. Sincerely, I W amond J. Belair Administrative Officer Encl. CERTIFIED MAIL -Return Receipt Requested # 7010 0290 0000 2215 4412 575 Dorset Street South Burlington, VT 05403 tel 802.846,4106 fax 802.846.4101 www.sburi.com (Property Owner Authorization Letter) Owner Authorization Agreement for: 764 Shelburne Rd., South Burlington, VT 05403 Date: April 27t", 2012 This letter is to serve as permission for Jeffrey Olesky, P.E., and Civil Engineering Associates. Inc. to act as the agent for the owner, to prepare and submit all documentation and attend all meetings pertaining to any of the following applications: 1. South Burlington Site Plan Application for Proposed New England Federal Credit Union This agreement pertains to the property located at 764 Shelburne Rd., South Burlington VT, 05403 and whose deed is recorded in Volume 1035, Page 233, Tax Map # 1540-00764. Furthermore, I Gary Bourne, owner, do hereby authorize Jeffrey Olesky, P.E. to agree to terms and conditions, which may arise as part of the approval of the applications. Signature, Property Owner Gary Bourne Name of Property Owner (Please Print) ti ` ', southburling too, PLANNING & ZONING MEMORANDUM TO: South Burlington Development Review Board FROM: Cathyann LaRose, City Plann rj✓ RE: Agenda #5, SP-12-20, New En and Federal Credit Union DATE: May 29, 2012 New England Federal Credit Union, hereinafter referred to as the applicant, is seeking to amend a previously approved plan for a 100 seat 2,475 sq. ft. restaurant. The amendment consists of temporarily converting 1,854 sq. ft. of the building to financial institution use with no use designated for the remaining 621 sq. ft., 764 Shelburne Road. TRAFFIC This property is located in Traffic Overlay District Zone 1, the most restrictive traffic overlay district, which limits this property to a maximum of 10 PM Peak Hour Trips (based on a 26,572 sf lot). However, the property is currently grandfathered at an existing 41 PM Peak Hour Trips (based on 100 seats of high turnover sit down restaurant). The temporary conversion of 1854 square feet of restaurant use to "Walk-in Bank" will reduce the trip end use to a total PM Peak of 23. The applicant has committed that this conversion be temporary (± 10 months) and is asking that the Board allow the site to retain its grandfathered allowance of 41 PM Peak Trip Ends. Staff supports the request provided a condition is placed on the approval that the conversion indeed be temporary. Staff recommends that the conversion to bank be permitted for no longer than one (1) year from the issuance of the zoning permit related to this approval. PARKING The proposed use will require a total of seven (7) parking spaces. 49 parking spaces are provided on site. The applicant is proposing to add a new bicycle rack. As there are no additional site modifications, Staff has no further comments. Staff recommends approval of this request with the condition included above. S75 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 1, LEGEND -- - - EXISTING CONTOUR PROPOSED CONTOUR — — — APPROXIMATE PROPERTY LINE APPROXIMATE SETBACK LINE SS GRAVITY SEWER LINE FM FORCE MAIN — — W WATER LINE — —OE OVERHEAD ELECTRIC — —UE UNDERGROUND ELECTRIC - G GAS LINE — —ST STORM DRAINAGE LINE SEWER MANHOLE STORM MANHOLE HYDRANT ® SHUT-OFF POWER POLE ® CATCH BASIN 0o LIGHT POLE T SIGN �+ DECIDUOUS TREE CONIFEROUS TREE ivwvwvvv-, EDGE OF BRUSH/WOODS —•—• FENCE �— --- DRAINAGE SWALE GRAPHIC SCALE ( IN FEET ) I inch - 20 fL GENERAL NOTES 1. If there are any conflicts or inconsistencies with the plans or specifications, the Contractor shall contact the Engineer for verification before work continues on the item in question. 2. Property line information is approximate and based on existing tax map information. This plan is not a boundary survey and is not intended to be used as one. 3. The purpose of this plan is to depict the existing site conditions of 764 Shelburne Rd. in conjunction with the local Site Plan application requesting a portion of the existing building be internally renovated to accommodate a temporary branch office for New England Federal Credit Union. No building exterior or site improvements, beyond new signs, are proposed In conjunction with this project. ZONING REQUIREMENTS Zoning District - Commercial 1 - Residential 15 Overlay Districts - Traffic, Transit Recuired Existing Proposed Lot Size (SF) 40,000 ±26,572• t26572- Maximum Lot Coverage (X) 70 f77• t77• Maximum Building Coverage (%) 40 39.3 t9.3 Front Yard Setback (LF) 30 ±72 ±72 Side Yard Setback (LF) 10 ±14 ±14 Rear Yard Setback (LF) 30 ±112 ±112 Maximum Building Height (FT) 35 ±25 ±25 - Existing non -conforming values to remain. TRIP CALCULATIONS PARKING CALCULATIONS Existing Use - Required Spaces - ITE Land Use Code 932 5.8 spaces per 1,000 GFA (High Turnover Restaurant) 1.854 sf of GFA 100 Seats O .41/seat 5.8 O 1.854/1.000 = 10.8 = 11 spaces 41 Peak PM Trips Proposed Spaces - Proposed Use - 48 standard spaces proposed ITE Land Use Code 911 1 handicap space proposed (Walk -In Bank) 49 total spaces proposed 1.854 sf O 12.13/1,000 sf 23• Peak PM Trips • - Owner requests existing trip count 41 Peak PM trips be retained for use on this property, as the proposed use is temporary in nature. N SITE ENGINEER: d&_ -._ •...'CIVIL ENGINEERING ASSOCIATES. INC. N•wMm:. 46 " SWIFT . •e, _ -'.....� • 5 S T.SAv . APR II 1 r i- +* 764 SHELBURNE if .�• ROAD 414 WEST GROVE STREET MIDDLEBORO Is mr1 MASSACHUSETFS 02346 • N « PROJECT • ! NEW ENGLAND u n/f BOURNE, GARY PARCEL ID #1700-00031 FEDERAL 1CREDIT UNION k / / •1•I iSOUTH � f BURLINGTON VERM1 05403 4 M a' cam\ ..TRASH AND •� EXISTING BUILDING NEFCU = f1,6- S 1 ENCLOSURE \ I ` I 1\ I fl ;:" UNUSED UNUSED = t621 21 TOTAL - 32,475 � _I l !f i y I , .1 1SNOW ENNING SOUTH • Q1�f 5 STORAGE i. �2EALTY,00 LoOoas ,764 SHEL,BURNE ROAD, LLC ( .. !! ! • i� PARCEL 10-0540-00764C Vol. 1035" g. 233 PROPOSED t0.81 `A,cOWE RACK �,• ,. �_ ! -vim I`. LOCATION• . \ II ...1' 2000 EXISTING CONDITION ORTHOPHOTO SITE PLAN nx.nrvc xvxeart _ APR. 25 2012 k C1 .0 �" �►4►- s - � - arts. xo. • � 11196.02 southburlington PLANNING & ZONING Permit Number SP-- (office only) APPLICATION FOR SITE PLAN REVIEW ❑ Administrative q..Development Review Board All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1. OWNER(S) OF RECORD (Name(s) as shown on deed, mailing address, phone and fax #): She Iburyte 1Zoi'4� 1-w e& 6�N &yne 411+ Ps+ �'�� S} �. 14'1l�lh NA A 143+tg ot,"rnetz -r 6�e n 2. LOCATION OF LAST RECORDED DEED(S) (Book and page #): V 10 36 Pa Z-712-1 3. APPLICANT (Name, mailing address,, phone and fax ft �ew�rhal�nd �cder�l �'r=c�-rt l,�.von c� it'bcyvlri �-C�I�tIS I' q 7C w �L%r' �I�II�J'i�r�yT 1754 q� i3 4) U'l'?)11 UT �PiAl,7��1 4. CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #): Y;� �1 f�Iv+Ce✓►vtrn 1�55u i��{S. Ivy. 41.- e e lty'c.1 D ( ftA 004 - 23L3 (1�iUL1 �44-zill i 4a. CONTACT EMAIL ADDRESS:: loleslc�:j iai Cea-vf. i.vm 5. PROJECT STREET ADDRESS: —76 S�iel6owyve LZd 6. TAX PARCEL ID # (can be obtained at Assessor's Office): 1154'L - 001v'+(, 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 7. PROJECT DESCRIPTION a. General project description (explain what you want approval for): N�FW w'& W +,em400rilV 10 MoAik ilSl✓1ct a Pt1.1,ov, � �- 1 gCq IG ) -Nr e;1,,.f►ng 214-15 sF hItIIAid (so" "il 4��zaa 1 � r�s}u,,,r✓a) t� 25 d �etrnnoYrn4 V(-7"1 n Ate 1 iX>kirn% wh, l }hey Ytur�tsi w.c � -1hc�✓ __ a'i1iN a)-` I01)o SheN,w yie IZA- b. Existing Uses on Property (including description and size of each separate use): rme�l.r pizza ��tY �cs�a�vahl jh�k ,s Lw�ve���y �rc,t '114e 661 Ain n i aFatrdx '� yn,afi-e ly 2, + 1 G s yn s Ze . c. Proposed Uses on property (include description and size of each new use and existing uses to remain): _ Aoe a--i✓n-- 4-<ly 10 6GA- nJ f4V; 4 ,1A,u W1 il br_ ulhevn>11v teyio-Ja ffA ib �1G,W9Y' rA +f �hr �CYNbnt'��l �(dhCL, DF41 PJ NEr ca . d. Total building square footage on property (proposed buildings and existing buildings to remain): IL4.- = "� 2,470a -4 Ay irevnain e. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine): Ex. heist, } t Z� ' +b e„n,,n. �1Jl�tile "+lo�� b�nll�►v►ci f. Number of residential units (if applicable, new units and existing units to remain): ►.t A g. Number of employees (existing and proposed, note office versus non -office employees): 11 Ime emnl. v ees Qrt,v os ec1 h. Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): y Z-Vo l yi iV y�r'i L A — vn et�cd� l I , 12 es, dPr � 115 Site Plan Application Form Rev 12-2011 8. LOT COVERAGE Total Parcel Size:—'! 2,,( 512 Sq. Ft. a. Building: Existing r �.3 % / 2-1+15 sq. ft. Proposed + q. %/ ! 2.t4-15 sq. ft. b. Overall impervious coverage (building, parking, outside storage, etc) Existing I -t 7 % / T U, 41eo sq. ft. Proposed r i-7 % / + 2,oi +-j0 sq. ft. c. Front yard (along each street) Existing # 5w % / Proposed � 5c$ % / d. Total area to be disturbed during construction (sq. ft.) (W5-o sq. ft. } 1 wlo sq. ft. * * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9. COST ESTIMATES a. Building (including interior renovations): b. Landscaping: c. Other site improvements (please list with cost): 10. ESTIMATED TRAFFIC $ -e- 0 a. P.M. Peak hour for entire property (In and out):2 ITS j,„^1 Use &,Ae '1I1 tW>,iy ih (3;mw) 11. PEAK HOURS OF OPERATION: 4• pM -�b 5 pM 12. PEAK DAYS OF OPERATION: F-vi Aay 13. ESTIMATED PROJECT COMPLETION DATE: E�uly , '2-0(2- 14. SITE PLAN AND FEE A site plan shall be submitted which shows the information required by the City's Land Development Regulations. Five (5)' regular size copies, one reduced copy (I V x 17"), and one digital (PDF-format) copy of the site plan must be submitted A site plan application fee shall be paid to the City at the time of submitting the site plan application in accordance with the city's fee schedule. Administrative site plan applications require three (3) regular size copies, one reduced copy (11" x 17"), and one digital (PDF-format) copy. 3 Site Plan Application Form Rev. 12-2011 NOTE: NOTIFICATION of ADJOINING PROPERTY OWNERS: Notification of adjoining property owners, in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations, is the responsibility of the applicant. After deeming an application complete, the Administrative Officer will provide the applicant with a draft meeting agendas or public hearing notice and sample certificate of service. The sworn certificate of service shall be returned to the City prior to the start of any public hearing. I hereby certify that all the information equested as part of this application has been submitted and is accurate to the best of my knowledg . SIGNATURE OF APPLICANT/D SIGNATURE OF PROPERTY OWNER PRINT NAME Do not write below this line DATE OF SUBMISSION: 0� REVIEW AUTHORITY: [;'Development Review Board ❑ Administrative Officer I have reviewed this site plan application and find it to be: [� Complete Admin Incomplete If \ ve Officer V, 'A The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 8 79-56 76 to speak with the regional Permit Specialist. Site Plan Application Form. Rev. 12-2011 r'lVl tl Irll It�i�ll Ir' r���OClr�r��) II�IC4 10 Mansfield View Lane South Burlington, VT 05403 April 27", 2012 Ray Belair Zoning Administrator City of South Burlington 575 Dorset St. South Burlington, VT 05403 Re: Application for Site Plan Review Proposed Temporary New England Federal Credit Union 764 Shelburne Rd. South Burlington, VT 05403 Dear Ray, Phone: 802-864-2323 Fax: 802-864-2271 E-Mail: mail@cea-vt.com RECEIVED APR 2 2 2012 City of So. Burlington Please find attached the following in support of the proposed internal building renovations at 764 Shelburne Rd. to accommodate a temporary branch office for New England Federal Credit Union (NEFCU): • Application for Site Plan. • Associated fee check for $288.00. • Adjoiner's List of neighboring lots notified of application. • Memo from Roger Dickinson, with Lamourex & Dickinson, regarding trip existing and proposed trip counts. • Floor plan detailing internal renovations/space breakdown prepared by Freeman French Freeman. • Five (5) full and one (1) reduced size copies of the site plan. The digital copy will be submitted via email. As you are aware, the purpose of this project is to provide a temporary location for NEFCU to provide service to the customers while they reconstruct their facility at 1000 Shelburne Rd. in South Burlington. This proposed temporary use would be approximately 10 months in length. No exterior building changes or site improvements are proposed with this project, as the only construction will involve the internal building renovations to allow for NEFCU at use a portion of the space. The existing building is approximately 2,475 sf in size, of which NEFCU plans on renovating and using 1,854 sf. This area will constitute the most western 3/4 quarters of the existing building and be accessed through the existing front vestibule. Please refer to the attached floor plan prepared by Freeman French Freeman for a detailed breakdown of the internal space. Although no external changes are proposed with this project, a summary of the zoning requirements can be found on the attached site plan. It should be noted that it appears the minimum lot size and maximum lot coverage requirements are currently non -conforming, but will not be made more non -confirming as part of this project. Additionally, a breakdown of the parking and trip generation for this project is detailed on the attached site plan. The existing parking is more than adequate for the proposed use. Regarding the Peak PM Trip calculations, please refer to the memo provided by Roger Dickinson at Lamourex & Dickinson, for a detailed summary of the existing grandfathered, and proposed, Peak PM trip ends associated with the property. Based on ITE Land Use Code 932 (High Turnover Site Down Restaurant) and existing 100 seats, this site appears to be grandfathered for 41 Peak PM trip ends. Based on the proposed 1,854 sf space for NEFCU and using ITE Land Use Code 911 (Walk In Bank), the proposed Peak PM trip ends is 23. Roger Dickinson's proposed trip count was slightly less, as he had used an early estimation of 1,500 sf of space to be dedicated to NEFCU in his memo. As the owner would like to preserve the existing traffic budget of 41 Peak Pm trip ends associated with the site, and understanding the proposed use is temporary (+/- 10 months), in conjunction with this application, we would like to request the Development Review Board retain the existing traffic budget for this property at 41 Peak PM trip ends. If you have any questions or concerns about this application or the attached site plan, please feel free to contact me. Sincerely, Jeffrey, esky, P.E. Cc: CEA File #11196.02 Shawn Brennan, Freeman, French Freeman (via email) Tom Richards, NEFCU (via email) Gary Bourne, Owner (via email) Adjoiner's List As of April 26th, 2012 Subject Property — Name Mailing Address Parcel 11) 764 Shelburne Road, LLC 414 West Grove St. 1540-00764 c/o Gary Bourne Middleboro, MA 02346 Adjoiner's - Name Mailing Address Parcel II) n/f Bourne, Gary 414 West Grove St. 1540-00760 Middleboro, MA 02346 n/f Handy Mountaha Trust 792 Shelburne Rd., 1540-00792 South Burlington, VT 05403 n/f Bourne, Gary 414 West Grove St. 1700-00031 Middleboro, MA 02346 n/f Jennings Realty, LLC 45 Swift St. 1700-00045 South Burlington, VT 05403 LDLamoureux 8Z Dickinson Civil Engineers Planners Septic Designers Landscape Architects Land Surveyors March 1, 2012 Gary Bourne Bourne Petroleum Ltd 414 West Grove Street Middleboro, MA 02346 RE: New England Federal Credit Union Temporary Branch 764 Shelburne Road (former Pizza Hut) Dear Gary, As requested, we are writing concerning the application of New England Federal Credit Union to occupy a portion of the former Pizza Hut building located at 764 Shelburne Road as a walk- in bank branch during the reconstruction of their existing facility located at 1000 Shelburne Road. The Credit Union is requesting a temporary use of this property, and will vacate the former Pizza Hut building once construction at their existing 1000 Shelburne Road facility is completed. The Pizza Hut building is 2,275 sf in size, and was used most recently as a 100 seat high - turnover restaurant. Using the number of seats and ITE trip generation rates from land -use category #932 - High -Turnover (Sit -Down) Restaurant, we calculate that this property has an existing weekday pm peak hour trip budget of 41 vehicle trips per Section 10.02.H(2) of the South Burlington Land Development Regulations. We understand that the Credit Union plans to occupy approximately 1,500 sf of the Pizza Hut building. The remaining floor area will remain in its current unused state. Using that floor area and ITE trip generation rates from land -use category #911 - Walk-in Bank, we calculate that the Credit Union will generate 18 weekday pm peak hour trips. We further understand that the protocol in South Burlington is that a property's traffic budget is determined by the most recent use of a property. In this case, the Credit Union's use of the former Pizza Hut building could conceivably cause this property's 41 peak hour trip traffic budget to be reduced to 18 trips. To preserve 764 Shelburne Road's existing traffic budget, we recommend that the Credit Union's application for a temporary use specifically request that the DRB establish 41 peak 14 Morse Drive Essex, VT 05452 t: 802.878.4450 f: 802.878.3135 ___ www.LDengineering.com 25 Years Serving Fellow Vermonters ♦ ^'� Gary Bourne March 1, 2012 Page 2 hour trips as this property's traffic budget. We also recommend that the Credit Union's application also request that the DRB also include a finding in their approval that the 41 peak hour trip traffic budget will remain for the future use or reuse of this property after the Credit Union has terminated its temporary use. Please feel free to call or email me should you have any questions concerning the above. Sincerely, �r 0 - - Ro cfi g Dickinson, P.E., PTOE cc Jeff Nick P:\2011\11085\Traffic\bourne 2012-03-01.wpd PROJECT NAME DRAWING NO: 81 Maple Street • Burlington Vr 05401 NEW E N G LA N D 802.864-6844•www.ffflnc.com FEDERAL CREDIT S'KA- Architecture • Planning • Interiors UNION freeman Ifrenchifreeman 764 SHELBURNR RD SO. BURLINGTON VT PROJECT #: DWG REF #: DATE: DRAWN BY: SCAL" DESCRIPTION: 11208 04/26/2012 stc 3/32 NEFCU SF AREA 1'-0" SF 52 1854 sf NEFC 0 oil ARE I TELLER I LOBBY WORKSTATIO 102 1372 SF WORKSTATIO j WAITING AREA WORKS N WORKSTATION 1. NEFCU AREA PLAN SCALE: 3/32" = V-0" NORTH-) STAFF AREA - 103 157 SF 1l, ATM ROOM [106 108 SF VESTIBULE J 101 — 64 SF Adjoiner's List As of April 26th, 2012 Subject Property Name _ Mailing Address Parcel ID 764 Shelburne Road, LLC 414 West Grove St. 1540-00764 c/o Gary Bourne Middleboro, MA 02346 Adjoiner's - Name Mailing Address Parcel ID n/f Bourne, Gary 414 West Grove St. 1540-00760 Middleboro, MA 02346 n/f Handy Mountaha Trust 792 Shelburne Rd., 1540-00792 South Burlington, VT 05403 n/f Bourne, Gary 414 West Grove St. 1700-00031 Middleboro, MA 02346 n/f Jennings Realty, LLC 45 Swift St. 1700-00045 South Burlington, VT 05403 E CITY OF SOUTH BURLINGTON CERTIFICATE OF SERVICE I hereby certify that on this 21 St day of May, 2012, a copy of the foregoing public notice for Site Plan Application 4SP-12-20, was sent by U.S. mail, postage prepaid to the owners of all properties adjoining the subject property to development, without regard to any public right-of- way, and including the description of the property and accompanying information provided by the City of South Burlington. I further certify that this notification was provided to the following parties in accordance with 24 V.S.A. §4464(a) and Section 17.06(B) of the South Burlington Land Development Regulations: List of recipients: See attached list Dated at South Burlington, Vermont, this 215t day of May, 2012. Printed Name: Pi-e,�-'1k v r �T Phone number and email: ( ti. _ _ ? c <.. �r • c Signature: `� l Date: Remit to: City of South Burlington Department of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 South Burlington Sample Certificate of Service Form. Rev. 1-2012 State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conervation State Geologist RELAY SERVICES FOR HEARING IMPAIRED 1-800-253-0191 TDD>V010E 1-8Do-253-0195 VOICE>TDD September 7, 2004 Burlington PH Limited Partnership c/o American Realty Management 1375 West Hillboro Blvd Deerfield Beach FL 33442 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Regional Office 111 West Street Essex Junction, VT 05452-4695 Telephone: (802) 879-5656 RE: WW-4-2211, Pizza Hut permit existing lot being 0.55 acres with an existing 100 seat restaurant located on the Shelburne Road in the City of South Burlington, Vermont. Dear Applicant: We received your completed application for the above referenced project on September 1, 2004, including a fee of $50.00 paid by check 41489. Under the performance standards for this program, we have a maximum of 30 days of "in-house" time to review your application. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 30 in-house days, please contact this office. We have forwarded the information contained in your application to the Information Specialist for this region. A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact regarding additional permits or approvals you may need under their programs. If you have not already done so, you should also check with town officials about any necessary town permits. For the Division of Wastewater Management Ernestine Chevrier Regional Office Coordinator cc: South Burlington Planning Commission DuBois & King, Inc. Capital Pizza Huts of Vermont, Inc. Regional Offices - Barre/Essex Jet./Rutland/Springfield/St. Johnsbury C,1JAAJ zp l 4. PLANNING COMMISSION SEPTEMBER 21, 1976 in a mall would be "lousy" jobs at "lousy" wages. Mr. Levesque responded that many of our people cannot command a good job and there has to be a place for them. Mention was made of the Radison Hotel creating new jobs and reducing une.Tploy- ment. Mr. Poger said he would take low wages anytime as against being unem- ployed, but he didn't want to encourage industries which only give part-time employment at low wages. Mr. Wessel asked if the Planning Commission wished to speak about anything more than traffic at the next Williston hearing. `r. Ewing felt a shopping center in Williston would have an effect on traffic in South Burlington, but except for traffic he didn't think South Burlington should interfere. He would, however, encourage the downtown Burlington mall. r2iairman Wessel said he would contact the Chairman of the Planning Commission in Williston that South Burlington wishes to participate, and he would attend their next meeting. Mr. Poger moved that the Planning Commission authorize Chairman 'Wessel to contact the Williston Town Planning Commission and at their next subdivision hearing to participate concerning the impact on traffic of the proceed D ramid Mall, and cite the following points of concern: 1) the increase of traffic on Williston Roadic gettin on the Interstate would increase the traffic flow coming past G3 nes; Yennedy Drive might have to be widened to allow for the increased traffic; 4 the need for Williston Road to be widened, a problem for Williston as well as South Burlington; there would have to be some planning for the widening of the industrialyark road oast Muddy Brook and into the Town of Williston. Seconder by Mr. Ewing and voted unanimously. Regarding the film presentation on the Burlington Mall, Mr. Foger sutgested it would be much more convenient if they brought that to a Planning Commission meeting rather than the members going into Burlington. All the members have very busy schedules. Mr. Ewing felt it would be worth going down there to see it if they won't bring it out here. Site Plan review of Pizza Hut and Bonanza Sirloin Pit. Mr. Herman Iash Mr. Lash reviewed briefly the history of his proposal; that his request to the Planning Commission was denied because a variance was needed; action on his appeal to the Zoning Board was tabled at the first meeting of the Zoning Board; there was a fair amount of opposition from adjoining property owners; at last night's meeting it was again tabled. Therefore, he said, he felt it best to go to an alternative location of the buildings on the lot so that he would not need a variance. He said his best plan was the one which needs a variance; the interior plan would not need one. The variance concerned two things, one was the lard soaping, the more important one related to the set- back of the restaurant ouilding from the residential lot. M,r. Poger said the Planning Commission did take a position on the common curb cut. Mr. lash said when he became aware of the abutting residential property he had agreed with Mr. and Mrs. Gee to place a 10 foot stockade fence along the 70 feet of his adjoining property line and along 20 feet of the western line of his property, taking out four parking places and putting shrubbery In front of the fence. PLANNING COMMISSION SEPTEMBER 21 j1976 However, Mr. Lash said, Mrs. Andrews,the other abutting property owner, is standing on her rights and demanding that the building be 65 feet away from the sideyard. Mr. Lash said the original plan given him, which he had refused to show to anyone, had'four curb cuts shown, with parking to the south along the resi- dential area. The plan he was presenting tonight would have two curb cuts and he was requesting that it be accepted in view of the fact that it is obviously impossible to satisfy this abutting residential neighbor. This plan would have a 15 foot buffer zone, landscaped with a cedar hedge. The parking will be 15 feet away; then when it abuts the commercial there will be some shrubs along the border, but the parking will be brought further forward with a retaining wall or fence to make it a little easier. The driveway then would be split as two separate entities, Pittz Hut and Bonanza, but a connection is still going to be maintained as a pass -through at the rear of the two properties. This permits a 35 foot dual driveway, in and out, with an option for people to go around and down, and a 35 foot dual driveway into the parking area. Originally they had 68 feet of frontage for grass and shrubs. Now it is 55% frontage with 45% blacktopping. The partition between the two will be approximately 3 feet and of course there is an additional 12 feet to give a 15 foot side yard. Parking -wise, there is still 53, taking away two places from the 55 for delivery in the rear. There is still parking along the side and in the back, and in the case of Pizza Hut it is pretty much the way it was first presented. Bonanza would require 54 parking places plus square footage in the common areas. Again, the two he had taken away would be used for deliveries, etc. He said he didn't know whether they would be looked upon as parking spaces or not. "r. Poger said No, the Commission did not, but with the access in back it is possible to park at one place and go into the other Chairman Wessel asked if each lot by itself had enough parking to support the building on it. Mr. Lash replied Yes. Mx. Wessel asked Mr. Lash if his clients felt comfortable with this plan or did they really want more space. Mr. Lash said the site engineers of both companies would accept this; an operator of another franchise had stated this was the best site he had seen; but these gentlemen are not local people, they are not in the know as to the traffic problems we have locally. He referred then to the No Man's Lane allowing for stacking while waiting to make a left turn. Coming from the south there would be no problem anyway, he said, because traffic would be in the lane to make the turn. Mr. Page said that for the time being there is room to stack in this relatively unused lane. Most of the discussion previously at the Planning Commission meeting had related to a common curb cut which would serve as entrance and exit for two properties. There could be a left turn exiting problem. Mr. Wessel asked Mr. Page if he expected they preferred a single ingress and egress. Mr. Page said he thought they wanted to test it. Bruce Houghton suggested two curb cuts. one for each property. He said the ideal thing would be to have two curb cuts or one way circulation with one curb cut. Another alterna- tive was to have three curb cuts, one entrance for each property with a com- bined exit at the center line of the two properties. With the one large PLANNING COMMISSION SEPTEMBER 21, 1976 curb cut there could be four cars at once going different ways, doing dif- ferent things. He said he didn't get a clearcut priority because it is a problem area. He referred to a memo from Mr. Szymanski saying Mr. Lash has the alternative of submitting a plan for separate entrances because the City doesn't have the right to deny him access. Mr. Wessel stated the Regional Planning Commission does not do design work for either the City or the developer. However, they will comment on ideas. Mrs. Maher asked about an easement for Swift Street. Mr. Lash explained that was not an easement, it was strictly an agreement, that he was in the pro- cess of talking with Vermont Gas and Exxon, but he didn't want this as a definite must because at any point Vermont Gas could say No. It could not be depended upon. Mr. Babcock asked if it was possible to negotiate to buy an easement from Vermont Gas. Mr. Wessel explained it would not be to their best interests. Mr. Lash also explained Vermcnt Gas wouldn't want to do this as a permanent thing; they don't know what they might want to do with their property a few years from now. Mr. Poger said an agreement would be fine, but the Commission cannot make that a condition of the site plan. Mr. Levesque said he had gone through there several times and there just isn't enough room for safety. It is a tight situation. Mr. Babcock said he asked that because what happens is that the public pays for the traffic. The developer winds up in benefiting in terms of his own property and the general public pays in terms of impact. Mr. Wessel said one adjacent property is a gas station; it wouldn't make sense to have traffic going through there. Mr. Poger said access is also made much easier because there are lights at Swift Street and lights down by Cinema 1 and 2. Mr. Lash noted again that Mx. Gee was in complete agreement with them, that it was Mrs. Andrews who was insisting on her constitutional rights. Chairman Wessel said the Commission had a choice of either deciding on the plan as presented tonight or it could just wait for the Zoning Board to make the decision. Ns. Lash said Mr. Sylvester had brought out to the people last night that if the building were 22 feet forward I would have no problems I wouldn't have to ask for a variance. 14x. Ewing said he was much in favor of the single curb cut; it is a much better plan. The Chairman said the Commission could hold the whole works in abeyance. Mr. Lash said he was withdrawing his appeal from the Zoning Board although he had not yet done this. His appeal was tabled so he had come up with this one for approval, cutting the lot in two, because frankly he couldn't continue to go back and forth between the Planning Commission and the Zoning Board to try and get clearance. Mr. Morencv said he would like to know the things which are supposed to be done are being done; this 65 foot setback for instance, who has checked it. Mr. Page explained he and Dick Ward go over every plan to make sure it is in conformance to the zoning ordinance. Mr. Morency said he objected to the fact that the Commission doesn't have any choice but to accept it or not to. The Zoning Regulations say that property has a permitted use, but wouldn't it be possible that because the 7. PLANNING COMMISSION SEPTEMBER 21, 1976 traffic going in and out will be occurring at the same time that peak traffic occurs on that road, that this may not be the best permitted use of that property. He said it seemed to him that it was quite an intersection that really involves a lot of turning traffic. Chairman Wessel said the Regional Planning Commission engineer could be asked to give an opinion on what the traffic will do. Mr. Lash said the Zoning Regulations state a restaurant can be put on these properties; it states there must be an X number of parking places and various other things. Mr. Poger said the regulations also say it must not create an unsafe traffic condition. He said he didn't this would happen, but if Mr. Morency thinks it will, then the Commission should ask the Regional Planning Commission to say whether or not it is an unsafe traffic condition. Mr. Wessel asked Mr. Page if had any feeling as to how Bruce Houghton would respond to that. Mr. Page said the exact arrangement of curb cuts on that property is not going to substantially change the safety hazards that will result from the use of that property. There will be hazards; there will be accidents; but not because of the design but because of the area in which the property lies. Bruce Houghton had the most concern about accidents with the common curb cut. It is a little hard to predict what would happen. Mr. Wessel said Mx. Page could take this plan over to Mr. Houghton and he would render an opinion on whatever question was asked but the questions have to be fairly specific, fairly precise. The Chairman said if the Commission decides not to take action tonight he wants to be sure that all the questions have been asked of Mr. Lash. Mr. Lash said if this is the bone of contention, as far as traffic is con- cerned, itshould be a site plan requirement that this go before the Traffic Engineer of the Regional Planning Commission before it is brought before you. This would be in the interests of time. Mr. Wessel said it boils down to discretion. Sometimes the Commission requires it and sometimes it does not. Very often Mr. Szymanski will anticipate it and ask a question before we do. He thought what had changed the situation slightly was that Mr. Lash had a new plan. Mr. Ewing asked Mr. Lash if he wanted Mr. Houghton's comments before the next meeting. Mr. Lash replied No, you do. If it is a bone of contention something should be done so the developers would be given this point, that they should get opinions from the Regional Planning Commission. He said he felt Mr. Page or Mr. Ward could have a good idea of what could be done. Mr. Poger said the different curb cuts does create a problem of left turns so now the Commission has to ask the question. Mx. Poger moved that the Planning Commission ask Bruce Houghton, Traffic Engineer for the Regional Planning Commission,, the following questions concerning traffics 1 what is the best way of allowing left turns into the Bonanza property or not allowing left turns into the property; 2 would normal usage of this property for two restaurants create a problem in stacking for left turn lanes. Seconded by Mr. Wiring and voted unanimously. Mr. Wessel said the answers from Bruce Houghton would be in the form of a letter probably before the meeting next week. 8. PLANNING COMMISSION SEPTEMBER 21, 19%6 Mr. Morency asked for a brief history of the property. Mr. Lash explained the 98 foot lot and the 100 foot lot had 50 feet added to them by including the property of the yellow house which is to be removed. Mr. Morency asked how long ago did this occur. Mr. Lash said they were three distinct properties even while Mr. Hope owned it. Mr. Morency asked if it went through subdivision. Mr. Wessel said No, it was a matter of combining lots. M'xs. Daher suggested an amendment to the Zoning Ordinance which would meet with favor would be to make restaurants in the BR Zone a conditional use. People have had their fill of this and I& they were a conditional use there would be no problem. Mrs. Maher then said she felt it was a very good Planning Commission. Per. Poger said he was sure the Commission couldn't require Mr. Lash to do this, but if he would just leave it in rather than withdrawing it from the Zoning Board, and he did get the variance, then the Planning Commission could pass one plan or the other. Mr. Lash said he would make one comment, that he was not designing anything. He has to go more or less by the people who are doing this. He would advise them to try to go along with this. They haven't purchased the property yet; that takes a few weeks. He would ask their indulgence to present this to the Zoning Board and if it was passed, at that point he would ask them to go with the single curb cut. Mr. Poger said the Commission likes the idea of a single curb cut. It might not hurt to leave it there, but it might be to the Commission's advantage to look at both and see what is best. Mr. Wessel said the Commission could still approve it and if the Zoning Board did approve the variance, Mr. Lash could be asked to come back with a revised site plan. Mr. Lash mentioned that, while it shouldn't come into consideration, there are two firms going to spend half a million on their projects, and in Vermont one concern is the time of year. This can't be a concern of the Planning Commission but it is one reason why he was told to draw up this new plan. Mr. Poger said he didn't think this would hold up Mr. Lash more than another week, getting this traffic information and making a decision. Mr. Levesque commented South Burlington over -builds and blacktops all the time; the Planning Commission would have the power to waive the parking requirements Mr. Poger moved that the site plan review of Pizza Hut and Bonanza Sirloin Pit be tabled until the next meeting. Seconded by Mr. Ewing and voted unanimously. Discussion of proposed amendments to subdivision regulations Mx. Poger asked to have the record show that he was not prepared to discuss these amendments because he had not received the agenda in time to be aware that these amendments were to be considered. Mr. Schuele expressed his concern about the number of times a subdivision comes to the Planning Commission; he strongly objected to the reduction of this and would like to see it modified. Bonanza The stacking lane on Shelburne Road works well for left turining entering traffic; hot ---ever the north bound traffic is so heavy, it is difficult for customers to make this movement until the Queen City Park intersection light turns red and pro- vides an acceptable time gap. :he cn=c'Loted o��e,i: i':?th t?a�I1C enTEr=P.0 f_T�•.T. the i E cI':p nas m _- isl l_eC - somie so � of o•' ysical .1--'rler sf,ould be -Installed to -miniMize this haz&rd. The funCtllc•n oI tr,c- dual access curb cut l':'=11 be evzlUated a_ to rizza Nut his opened. Traffic counts are attached. Savinos Bank The counts enclosed fall .-:ell within the estirr,-tes made during site plan review. There sere never more than 3 czrs queued up either on the Shelburne Road left turn (in) stack- ing lane or on Brewer Parki-,ay (outbound). Th= tI fic on Shelburne Road northbound vas so heavy that the ent_znce to Brex-!er P&rkvaay w-as occasionally blocked. 1 �? //�• —SIT.J �`% Cyr M E M O R A N D U 14 TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: STEPHEN PAGE RE: PIZZA HUT/BONANZA SIRLOIN PIT SITE PLAN REVIEW DATE: AUGUST 24, 1976 I. Zoning The location of the Bonanza building, about 25' from the adjoining R4 district, is in conflict with section 11.704, buffer strip, which requires a 65t setback. Relocation of the building to conform to this requirement would detract from the plan; a previous proposal to relocate the Kohala i;auna restaurant was given a variance from this buffer strip provision. I recommend that approval be based on the proposed location of the building, conditioned on a variance to the buffer strip requirement. II. Landscaping Building costs for the Pizza Hut and Bonanza have been estimated at $100,000 and $200,000 respectively. Proposed landscaping is approximately 50;0" of the amount required by the ordinance. There are a number of shrubs and trees on site which may be either preserved or relocated. I re- commend that the applicant work with Dick Ward and myself to meet landscaping requirements with a revised plan show- ing additional plantings or utilization of existing trees or shrubs, or a combination of new and old plantinas. III. Access, Circulation and Parkin Two curb cuts (one way in and one way out), plus 600 angled parking for the aisles between the two buildings will improve access and circulation; only about five parking spaces would be lost this way. Because of the confusing layout of Shel- burne Road in this vicinity, it is critically important to have functional access and circulation patterns. Paved connections to the two abutting gas stations, and Vermont Gas Systems, if possible, would aid circulation. The right of way agreement on Vermont Gas Systems property is included in a contract between the Kohala Mauna Restaurant and the Gas Company, that is concerned with an exchange of parking privelages at off peak hours between these two businesses. IV. Miscellaneous Parking lot islands and perimeter should be curbed; parking spaces should be striped. - Amount of bond to be set by Zoning Administrator, should include new and relocated plantings, closing of existing curb cuts, storm drainage improvements; if any, and any conditions imposed by the Zoning Board of Adjustment. - Sidewalk should be maintained across curb openings. - Since this plan depends on free access between the Pizza and Bonanza properties, both parties should agree to site plan review in the event that access from one property to another is either restricted or eliminated. - I feel this plan shows an unusual effort to comply with the Planning Commission's policy on curb cuts. /%-.. TGC44 C ? a t r•1 t: CI MEMORANDUM TO: SOUTH BURLINGTON PLANTdING CON1,1ISSION FROM: STEPHEN PAGE, PLAT"•,KING ASSISTANT RE: SITE PLAN OF BONANZA SIRLOIN PIT & PIZZA HUT DATE: SEPTEM.BER 10, 1976 A plan with revisions which will improve circulation has been submitted. The applicant is scheduled for a Zoning Board of Adjustment hearing (9/13/76) to resolve the building set back problem and also to waive the front yard landscaping in order to per! -,it access to abutting properties. Other comments (changes from my memo of P/24/76) are as follows: Landscaping - Having consulted with a landscaping contractor, I feel our evaluation of the proposed landscaping should be upped to approximately 70% of the dollar amount required. Preservation and/or relocation of some existing trees or shrubs could easily make the overall value of the landscaping scheme conforT to zoning-; requirements. Access and Circulation - This subject has been thoroughly discussed with Bruce Houghton and Bill Szymanski (memo rm-RF4w/1, Ar) . The option of access to abutting properties should be kept open but, at this time, the advantages of such access appear to be out weighed by the disadvantages (loss of parking space, more confusing internal circulation, abuse from motorists seeking short cuts, etc.) The other recommendations in my 8/24/76 memo (esp. under Miscellaneous, p. 2) should be considered. ADMINISTRATIVE CHECKLIST PROJECT NAME/FILE REFERENCE 1. LETTER OF NOTIFICATION & APPROVAL MOTION OR FINDINGS & ORDER 2. BONDING OR ESCROW AGREEMENTS Ze, c, la �� /c�/tI A LANDSCAPING -- ---- SEWER WATER STORM DRAINAGE ROADS CURBS SIDEWALKS (NOTE ALL RELEASES OR AGREEMENT REVISIONS) 3. LIST APPROVALS GRANTED, WITH DATES, AND PERMITS GRANTED �c INSPECTIONS COMPLETED, ETC.: 4. UTILITY EASEMENTS *, BILLS OF SALE RECORDED ACCEPTED 5. CERTIFICATE OF TITLE x 6. ROADWAYS DEEDS FOR CITY STREETS ACCEPTED PRIVATE ROAD & WAIVER AGREEMENT x 7. FINAL PLAT OR RECORD COPY — ZMP;ffi^, SIGNED, & FILED OR RECORDED 8. PEDESTRIAN EASEMENTS ACCEPTED & RECORDED FILED 9. MISCELLANEOUS AGREL.-MENTS LAND FOR ROAD WIDENING OFFER OF IRREVOCABLE DEDICATION FUTURE ACCESS POINTS *SHARED ACCESS POINTS OTHER 10. COPY OF SURVEY TO ASSESSOR (IF CHANGE IN PROPERTY LINES)_ 11. FEES — PAID/DATE HEARING BU I LD ING P ERM IT ENGINEERING INSP. SEWER RECREATION ( RECORD CALCULATIONS AND DEPOSIT IN ACCOUNT) 12. IMPACT FOLLOW UP i.e., "ON LINE" EVALUATION: SCHOOL KIDS CAR COUNTS 1 CHITTENDEN COUNTY TRANSPORTATION AUTHORITY 1 Industrial Parkway Burlington, Vermont 05401 P.O. Box 609 Telephone B64-0211 October 31, 1977 Mr. William Russell, Chairman Planning Commission City of South Burlington 1175 Williston Road South Burlington, VT 05401 Dear Mr, Russell: Cyr Since the recent opening of the Bonanza restaurant on Shelburne Road in South Burlington, the traffic problems have become much worse to say the least. Our South End bus is finding it extremely difficult to maintain his schedule because of the increased traffic problems by Bonanza and the other new facility next door. We have noticed cars coming off the interstate in a southerly direction and making a left turn directly across both the south -bound traffic lanes and north -bound traffic lanes directly into Bonanza's parking lot. Our bus drivers have noticed many near accidents, and I have been informed that there have been accidents at this location. Since our failure to maintain our schedule directly affects our subsidy payments by member communities, you can see our problem. I don't know what the answer is, but I am sure somebody within your city government can find a remedy to help alleviate this situation. If I or the C,CTA can be of any help in remedying this situation, please feel free to contact me at your convenience. Very truly yours, Ralph H. Cramer General Manager RHC/scq cc: South Burlington City Council M E M 0 R A N D U M TO: SOUTH BURLINGTON PLANNING COMMISSION FROTH^I: STEPHEN PAGE RE: PIZZA HUT/BONANZA SIRLOIN PIT SITE PLAN REVIEW DATE: AUGUST 24, 1976 I. Zoning The location of the Bonanza building, about 25, from the adjoining R4 district, is in conflict with section 11.704, buffer strip, which requires a 651 setback. Relocation of the building to conform to this requirement would detract from the plan; a previous proposal to relocate the Kohala fauna restaurant was given a variance from this buffer strip provision. I recommend that approval be based on the proposed location of the building, conditioned on a variance to the buffer strip requirement. II. Landscaping Building costs for the Pizza Hut and Bonanza have been estimated at $100,000 and $200,000 respectively. Proposed landscaping is approximately 50;0' of the amount required by the ordinance. There are a number of shrubs and trees on site which may be either preserved or relocated. I re- commend that the applicant work with Dick Ward and myself to meet landscaping requirements with a revised plan show- ing additional plantings or utilization of existing trees or shrubs, or a combination of new and old plantings. III. Access, Circulation and Parking Two curb cuts (one way in and one way out), plus 600 angled parking for the aisles between the two buildings will improve access and circulation; only about five parking spaces would be lost this way. Because of the confusing layout of Shel- burne Road in this vicinity, it is critically important to have functional access and circulation patterns. Paved connections to the two abutting gas stations, and Vermont Gas Systems, if possible, would aid circulation. -2- The right of way agreement on Vermont Gas Systems property is included in a contract between the Kohala Mauna Restaurant and the Gas Company, that is concerned with an exchange of parking privelages at off peak hours between these two businesses. IV. Miscellaneous - Parking lot islands and perimeter should be curbed; parking spaces should be striped. - Amount of bond to be set by Zoning Administrator, should include new and relocated plantings, closing of existing curb cuts, storm drainage improvements; if any, and any conditions imposed by the Zoning Board of Adjustment �To� OF SVD"W^4-V4W Sidewalk should be maintained across curb openings. Since this plan depends on free access between the Pizza and Bonanza properties, both parties should agree to site plan review in the event that access from one property to another is either restricted or eliminated. 4 I this pl s ows nu ff to omp with AP lanni ommis n's p cy on cur uts. (^oi-;-f; i:-.f,.- Tc 4=Ro9Ez -(P. XF-)2nza'y GENERAL CONTRACTOR INC. Mr. Richard Ward Zoning Administrative Officer City of South Burlington 1175 Williston Road South Burlington, Vermont 05401 September 29, 1977 Dear Mr. Ward, � sExr� O� `e a w ve S •�FLLAME0.1Ca, P. O. BOX 730 PLATTSBURGH, N. Y. 12901 Area Code 518 . 563-5080 RE: Bonanza Restaurant Shelburne Road I am in receipt of your letter dated September 26, 1977 issuing us a temporary certificate of occupancy for the above referenced project. Would you please explain when we can expect the permanent certificate of occupancy? My interpretation is that once we complete the site work the permanent certificate will be issued. If this is correct please notify me. } Thank you. Very truly yours, ROGER P. KENNEDY GEN. CONT.,/NC. Roger D. Kennedy - President RBK/ba I April 25, 1978 Roger P. Kennedy P.O. Box 730 Plattsburgh, New York 12901 Dear Mr. Kennedy: In September 1977 this office issued the Bonanza Restaurant a temporary certificate of occupancy, at that time we understood that the remaining site work was to be completed. U,,on completion of a recent site inspection we noted that only a portion of the work was done. There is some linter damage and some of the landscaping has died. �,e also believe that you were responsible for the removal of the power pole used for temporary pow:�r during construction. In addition the entrance was to be properly signed (a joint venture with the Pizza Hut). This office is requesting that the site work be completed before June 1, 1978 otherwise, the city will be forced to exercise it's rights under the provision of the performance Mond. If you have any questions, please don't hesitate to contact me. Rt t/mcg very truly, Richard '•card Zoning Administrative Officer Bonanza The stacking lane on Shelburne Road works v.ell for left turining entering traffic; however the north bound traffic is so heavy, it is difficult for customers to make this movement until the Queen City Park intersection light turns red and pro- vides an acceptable time gap. The ant--cipat..n r__o.._em with t_alric en,elsnc f_•_m one Interstate ra::p has ma eriali zed - some sort of physical barrier should be installed to ;:;ini-mize this hazard. The functic•n of the dual access curt cut v:ill be evaluated after Pizza Hut has opened. Traffic counts are attached. Savina,�s Bank The counts enclosed -fall %:ell within the estim=tes made during site plan review. There were never more than 3 cErs queued up either on the Shelburne Road left turn (in) stack- ing lane or on Brewer Farkk,:ay (outbound). The traffic on Shelburne Road northbound v:.,as so heavy that the entrance to Brei,.er Parkway v:as occasionally blocked. 150 t Z P/n• � --75-T4 2�1OL2V z I ;, '"', orl' M- F s R 31 -0 m 60,91 wif-PON x S. % Wear,> 6zc--P> -To 1 ov,Y 4�= -mow -� fie • g134T7!w� C7 u t-t C17 •. ��P KZp> V->" M Away u . ......... �L' 3 No Text MEMORANDUM TO: SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT FROM: STEPHEN PAGE, PLANNING ASSISTANT RE: REQUEST OF LEE &- LEE REALTY FOR A VARIANT(I , E' FR OM FRONT YARD LANDSCAPING REQUIREMENTS DATE: SEPTE11BER 13, 1976 At my suggestion, Mr. Lash has kindly agreed to make t' this request. I feel the Planning Commission would like to maintain the option of access to abutting properties, when it is of mutual benefit for the abuttors to do so. I respectfully submit that you look favorably on this request as it appears to meet the 5 criteria of the Planning Act and would further enhance an already attractive plan. City of South Burlington 1175 WILLISTON ROAD SOUTH BURLINGTON, VERMONT 05401 '••• TEL. 863-2891 To: South Burlington Planning From: William J. Szymanski, City Re: Bonanza - Pizza Hut Shelburne Road Date: September 21, 1976 Commission Manager I have reviewed with Mr. Lash the revision to the site plan for the above referenced projects. In view of the fact that the Zoning Board will probably reject the set --back variance Mr. Lash intends to treat the proposals as two separate projects necessitating two curb cuts. I see no alternative to this but to grant the two openings. A final detail plan will be submitted for review. Respectfully submitted, 1 L.a J i William J. zym r ki City Manag r ` December 2, 1976 smith , -11 CY ' ThoM psor �r. herman Lash 10') out1h i4ol j,j 4'01, a i_ut anc, o nan za t?irloin 14� r'f­7F2 is to in.`;`or.-,, yc,,u and ovC as, ­llowin­ for n,,: cons truot"',1, o, t'k 'or i, o,r. r o p c) t r Con Clcv I(;,- in r`U d o -) t; n -vdll not N-I i, f ic t( _76 f ar- t thit f.�)roposed" restaur,-,.,It:; ver,,i reviewe(i and approve(J prio- to '.1.,ar1,--4_n­ t ,:,, to p r s d a,, r, e,� i r, � e. n th11:11 Z'Onlma" OW9 VE'r t'tl' iS U&, o- I i is 0.. �­­ice ti-,ase CoriCitions a-)T)lioC., b3- I'llan, J.T. ant, oninZ c" us -1,t b-, co'r'p!'C.,d wit�,. 7his office is 11-iiat ,.in a,-,en1­1-_d plan be submitted _.­ior to % r'LqU t or a Pu.. k..pon r;:view of consi.ructioi d,uwin[,s T'onanza Sirlcin '- Pit) we observ;-& trp installE'.1031 1-cur (4) 00 k1lon L.P. gas unopr�,rounl,_` ta �ks. T­ :,,,Ivts,�d that- T,:+'inr t(- , % issuance o.' a oer:r,it 5�1..11oving for tiiis installation, .,tate a,n,l local fire ruarshal approval is necess ary. I In ad"."it-'Lort, no C.P-e."Ied anproved until such tir,ie as a sign applicat-ion is comn.leted. ,rr . iierman Lash Page 2 December 2, 1976 ?inally, for some six (6) :rionths the City :.as att= ^,pted to Piave :'r. ':gee remove the eaistinr structures, for his own reasons he was reluctant to do so. Those buildin:-,s have been deeded a r a jor fire hazard by the "ire %.-lief and we recuest that they be removed prior to the construct.on of the proposed restaurants. Th n« you for your C�On'rc.t�On G r?ry truly ! ichard and .:onin r hdmini strative f'ficer TO: Zoning Board of South :3urlington, Vt. As I do not intend to attend the meeting of October 4, 1976 relative to the variance being asked by Lee & Lee Realty and. being a residential property owner adgacent to this property, I would like to register my opinion in favor of this proposal, rather than the proposal that would move the building at least 65' from the so$thern boundary line. It would be my preference to have the building closer than to have the parking lot for this venture along my property line. Sincerely, Mr. Malcom Gee 2 Lindenwood Ter. So. 3urlington, Vt 0 CHAMPLAIN OIL COMPANY 510 Shelburne Road Area zoned BPD District. Section 11.00, Dimensional Te(.,uiremorts S I et -back requirement 75 feet Existing approximately 57 feet 6 inches Side yard requirement 30 feet No. side yard proposed 15 feet Existing structure is non -conforming. F.M.V. - Structure $20F4O with land $70,000 Addition proposed, estimated 30,000 to 32,000 Proposed addition 321 x 1001 to rear of existing service station. Proposed use - car wash, Section F.10 Conditional use, sub -section 8.101. Dimensions confirmed by City Manager and Zoning Administrator. COLEMAN PARKER & WILLIAM ChRISTIE 1900 Williston Road Area zoned Industrial District. Existing structure 361 x 90' = 3,280 sq. ft. Section 11.15, Multiple use. Proposed uses are 1) thrift shop, 2) sales and service of recreational equipment (similar to 197 Pearl in ',q,ssex) and lawn and garden equipment. 1100 sq. ft. to be used by thrift shop remaining portion to be used by second business. Section 10.00 allows for repair shops. Thrift shops allowed in B-R Distrct. THOMAS & SALLY SCHLROEDER 7 T%'oodbine Street Area zoned R-4 District. Section 11.00, Dimensional Requirements. Side yard requirement 15 feet. Proposed easterly side yard 5 feet. Lot size 75' x 1501 set-off prior to 1964 zoning ordinance. - 2 - Proposed 18' x 24' addition to include a 12' x. 24' garage and open breezeway - storage area. RAYMOND COUILLARD 79 Swift Street Area zoned BR District. Presently use non -conforming, variance granted May 5, 1975 and permanently extended June 15, 1976. Variance to operate an auto body repair shop from an existing garage. Use is conditional in B.P.D. District not allowed in B-R District. Request to add a 16' x 30' one stall addition. SHERATON MOTOR INN 70 Williston Road. Area zoned B.P.D. District. Existing use is permitted. Section 11.85, height of structure. Maximum allowed 35 feet in height or two and one-half (2j) stories. Proposed is the construction of a 75 unit addition, three stories in height. LEE & LEE REALTY 764-7 2 Shelburne Road Area zoned BR District. Uses proposed are allowable. Pizza Hut 35' x 65' = 2275 sq. ft. Section 11.702, Front yard landscaping. Re uirement 50% of front yard to be landscaped 50� equals 3700 sq. ft. Proposed is an access to abutting property (recommendation of Planning Commission) which reduces the 50% by 400 sq. ft. Bonanza - 50' x 100' = 51000 sq. ft. Section 11.704, Buffer Strip Requirements 65 feet side yard to the south, abutting rear yards on Lindenwood Drive. Lindenwood Drive is zoned R-4 District. Two lots affected - both single f,a ily dwellings. Side yard proposed is 22 feet. Side yard requirement in BR District 15 feet. MEMORANDUM TO: SOUTH BURLINGTON ZCFIING BOARD OF ADJUSTMENT FROM: ST-EPHEN PAGE, PLANNING ASSISTANT RE: REQUEST OF LEE & LEE REALTY F On A VARIANCE' FROM FRONT YARD LANDSCAPING REQUIREMENTS DATE: SEPTE'•,BER 13, 1976 At my suggestion, Ir. Lash has kindly agreed to make this request. I feel the Planning Commission would like to maintain the option of access to abutting properties, when it is of mutual benefit for the abuttors to do so. I respectfully submit that you look favorably on this request as it appears to meet the 5 criteria of the Planning Act and would further enhance an already attractive plan. Ar 7 O.Q OF ya., �?o ovair'6--o lop, 4 t4eel', 7,01 A& -e- -.400 000, .4-, .00 September 2, 1976 Lee & Lee Realty c/o "T . ,lira Lee 730 Shelburne Road South ?'urlington, VT 05401 Dear `.r . r,e e : Be advised that the `".outh lurl.ington Zoning Board of ^_djust- ment will hold a public hear-inc-' at the South r�urlington City Hall, Conference oom, 1175 'I'Miston * oad on ,.onday, ;eptember 13, 1976 at 5:1"0 p.m. to consider your recruest for a zoning variance. n ?lease plan to attend. Very truly, Richard IiJard ,oning Administrative Officer R W/ j a NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT I hereby appeal to the conditional use. varian Zoning Board of Adjustment for the following: ce. decision of administrative officer. n I understand the regular meetings are held twice a month on Monday at 5:00 p.m. at the City Hall, Conference Room. The legal advertise- ment must appear in the Burlington Free Press a minimum of fifteen (15) days before the hearing, I agree to pay a fee of $30.00 which fee is to off -set the costs of adverbs g and the he in . i Hea 'ng Date S gnature of App t SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 91, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on at b p,AR • to consider the day of week month and date) time) following: Appeal of z a `�1- 'u ac _, from Section f the tions. Request is for permission to CL� seeking AIM, 13 South B ing ton o ing Regula- k U_ CC-. J C t' • PiJ? i;rll IiC, LC1r'.iI �S i C'•'1 � t};� , ,A_ - l.�r There is also a commitment .from Winooski and Colchester.. Ilk A sketch was displayed which was done to show what could be the possibilities in bringing the river to the people and the people to the river in Wl nooski. Mr. Agne said the District intends to watch what is happening regarding the proposals by Burlington ha ectric and Green Mount -tin Power for hydroelectric developments on the river; also it will keep track of the lake levels as they would affect the river. 'A"hey are also working with the :;bate of Ve.rriont. in the development of canoe trails. Another possibility in South Rurli_ngton would behind what is now the Canteen, formerly Berard Construction Co., right on Airport Parkway, also land along the Limekiln Bridge areawhich would be obviously :more dangerous than the Ethan Allen i,arm. They would like to work out something which would prevent a landowner from being responsible for accidents to people usin his property. Mr. Wessel asked If. the; r-ny plans for intensive recreational facilities such as tennis courts or ballfields. Mr. Agne said No, the purpose of the District is to provide low-key recreation, quiet recreation, things that require little maintenance. Cther sports are better provide d by ,the towns.,., Asked by Mr. Ewing about a plan to connect all along the river bank, Mr. Agne said he didn't think that would happen. The District has to be realistic about what is seeks to do; everything depends on the goodwill of the people who own the land. Mr. Morency asked about the location of the cross county ski trails. r°r. Agne said the lower r.than Allen F'arm cadz be used for this, and the Sullivan :arm could be used extensively for this, with more of a slope than is on the Ethan Allen Farm. Mr. Wessel thanked Mr. Agne for coming in, and said the Commission would like to t-et back to him on changes in the Commission's own recreational plans, that Mr. Voolery had agreed to work on the recreational chapter in the City's Master Flan. >i t e ?-last Reviews Bonanza Sirloin Fit 'r. Wessel reported on what he had told the Zoning Hoard at their meeting the day before. The decision of the Zoning Poard was to go ahead and grant the setback variance to allow the central curb cut, so the Planning Commission is now dealing with the plan showing this central curb cut which he felt was eliminating most of the traffic problems. Mr. Ward read aloud the stipulations made, by the Zoning Roard in granti.rg --the variances that the hours of operation would be from 11:00 a.m. to —p.m.; a stockade fence of not less than six feet nor Tore than ten feet, --the exact height to be agreed upon by the developer arn,i 'r. see, the ad jacont. —landowner; the rectanrgle be landscaped and unused; the dumpster was no, 1,t1 -put in this, area; the. Tree Committee w oul _Y - r t e:+,.i nt: what try, rc `- able to be save-'_ Kr. Pog er asks:':7 -i luonl. n Into any tkiTF,. i.....,., w�al_1C? 'iY'. : etc' w ;oL 1!I o '_0:1. €: ri:i. „t, most affected landowner ,and came to an apTee-n= nt with the deve>lopr>r. The enk�t. mould hive;, to be the same hei, ht all the sal-? Mr. Gee hal stated he pre' 'ferre.i the buildi.n lack and hi. -,re 1h_-rk3nz within I ; �'ek•� ��•, _...;e.� n'' dr,cors slammei, etc. ;r PLANNING COMMISSION a=BER 5, 1976 Mr. lash indicated on the drawing a plan to remove two parking spares and a separator ''or traffic; this would also a(?d ten feet without any GU-3truction in the front. Chairman Wessel asked Mr. rage if he had received any comments from the State on this, and Vr. Page explained the State Highway Engineer usually reviews things like this; a?ter all 10(-,al bot rds have given approval. i`:r.:-,ard said the State tz,.?es the view that if curb cuts are being eliminate(., that is good. Mr. Wessel said that considering dtt# curb cuts as opposed to two, maybe two would be better for the City and the state, or perhaps there should be a separate island. Mr. Ward said the State would really not get involved in saying it is better to have two if the Planning Commission wants one. They would work it out with Mr. Szymanski. The Chairman said he didn't want to lock the State into a decision which is a poor compromise because of something the Commission couldn't anticipate. Mr. 'Ward said if the Planning Commission vote on this site plan and want one cure cut, the State is not going to come back and say No, they want two cuts, especially, in this case where the plan is going from four to one. The Chairman asked what would happen if the applicant was sent to the State Highway Department. first and got their comments rather than coming to the Planning Commission .first. Mr. Ward said he didn't know because it had never happened. Mr. Lash suggested it might be a good point that Mr. Ward should ro through things with the applicant when the application was first received, and he might recommend going to the Highway Department to ascertain the best method of handling traffic, etc. He said he was turned away last week from the regional engineer to go to Montpelier to speak to someone else. They claimed they didn't have the jurisdiction to look at this plan Nx. Wessel referred to the fact the curb cut was within 500 feet of the Interstate, and Mr. kard said that mtrht have been the reason for not lookin:- at It. Mr. Ewing said .the decisions are not mzide by Mr. Remick, they are made in Montpelier. Mr. Foger asked if t},e plan met the o'ojf:ctions which were raised last t1me. about the turning. Mr. Lash indicated where they we,-e e.,licm;natirg 2 parking spaces and having a separation factor. 11r. ward said he kras sure all tho e ,in . -I es would be discussed when he goes to the State. Mr. Ewing asked if the numbel• of ri< .�'.;a � c �; I 'r.� uinn i cluhn %r. :yard said the plan right now is <It the;inlmum; ;-i-ything more taken out is going to require a waiver. The lanning Com,7i_ ri can waive up to 50%. 1 n 7 (.!1.i C:�:st.l ,.}ifG1. rti'�. 3 � t i A C: i..t.::.� '''r .Pat Iijfrate reC'E'.i ve�� from . an..statistics of. �r. ✓ard explaine;t Mr. of ;.he Zoning Board, tha+ ha: i.s dGfinituly aeair'st any more development of any kind. Mr. Morency said he wo;,l:-} arn,e with tl.o nom.ment that a restaurant may not be the best use for it p-ro'.,arty evon though it is a permitter'. use, because the pt:�:f: !:z ,. fr, *;,: rc°staurant would be also the peak traffic hours;,, r�. PLANNING CUt MIISSIION Mir. Page said he had spent some time with Bruce Houghton ar to think this was the best access for the plan presenteJ, southern half of the curb cut should be for entrance and the northvrn part for exit, with the turning movements taking place on the Mr. Poger felt one of the stipulations sho--Acl 'be that the marked for entrance and exit. :;.r. Wessel asked about landsuiping. Mr. Page said 7(19 of the landscaping would be new with 30,- 1-Inl- ma,`- up of what is existing. Mr. lash said there many good big trees that with two curb cuts would have to be taken out. Mr. Ward said there are trees that they don't know whether they are worth saving or not; the Tree Committee will determine that. Mr. Page felt the Arees were pretty,well spotted on a survey nhowing the existing trees on one of the plans. Mr. Wessel aske.,i about drainage, and if It would significantly alter the traffic circulation or the access. Mr. Ward said It,vould not changolanythingi it would be putting in catch basins. Referring to landscaping again, Mr. Page said there was enough e)(isting, vegetation to landscape two lots if it was spread around. Those is an adequate amount of new planting planned and they could pick and from a number of good trees to make up the balance. Mr. Lash said he thought they had at least $7,000 or $8.000 in exIstArig, trees. Px. ;ward said the Tree Committee has a guide it uses in evaluating existing landscaping. Mr. Poger moved that t the Planning Commission approve the site paa-n-for '%nanza Sirloin Pit and Pizza Rut with the followingon,,: stipulatl I 12h1a t — -.I— — an amended plan be submitted showing the landscaping which has been �22p ro v e Tly *,he iree Committee; 2) that a revised entrance to the_parLln�lot be as discussed with the Planning (3o-11.-P.!.,;pion; 3 that the 22,rLinq lot be Y marked for access and egress so that only one part of the cut shall, be used for access and 'the - other'part for epTess;_ 4) that the interior drairiage bed roved by ir. Szymanski , the City En.Cineer; _ 5 that the ning Commission valve tip to fbur-parbdng spaces for the Ponan�a lot. access; 6) that 2ro2er bonds abe posted for landscaping and closing thcurb cufs'—;7) thwt—the_parking pj*est be clearly delinealed-V. that the kIrkin(I lot be curbed. Seconded by Mr. Awing and voted for approval by four votes; Mr. r,r)ron-y nn,i T,,ev(,s-qi-,e voted against the motion. i�fter zi brief recess the meeting was reconvened at 9115 ?.-r,. : 1 :Par, 1 - " q I-- ',,ieview for Sambo's Restaurant which had b(-(-n 1(.ellln« was cancelled. ite lUlan Review for Nordic Fero i-ecause Nordic Ford had received a requested variance the day the Zoning Board they were prepared to present tht>ir :314,1? pli,,vtr, 'It had not been scheduled.