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HomeMy WebLinkAboutCU-78-0000 - Supplemental - 0938 0950 Shelburne RoadAugust 25, 1978 Suggested Motion of Approval - Conditional Use Application of Arthur Mason and Sharon Woodward I move that the South Burlington City Council approve the conditional use application of Arthur Mason and Sharon Woodward, to operate a day care center, in addition to the existing retail business and apartments at 938-950 Shelburne Rd., as depicted on a plan entitled "938 & 950 Shelburne Rd.", dated 6/30/78, based on the following findings and subject to the following stipulations: A. Findings 1. The proposed use is consistent with the health, safety, and welfare of the City of South Burlington and standards 1,3,4, and 5 of section 5 of the interim Zoning Regulations. 2. Screening is necessary to maintain the character of the neighborhood and avoid nuisances. B. Stipulations 1. Fencing acceptable to the Brewer Parkway neighbors shall be erected along the common boundary line. 2. This approval expires 6 months from this date (for commencement of this use.) 3. The duration of this approval is 1 year, starting from the commencement of this use. APPLICATION FOR CONDITIONAL USE SOUTH BURLINGTON CITY COUNCIL I hereby apply to the City Council for conditional use approval under the Interim Zoning Regulation. Property Owner Property location & description Section 5 Conditional Uses I understand the regular meetings are held twice a month on Monday at 8:00 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 advertising and the hearing. Hearino Date Signature of Appellant SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Interim Zoning Regulations and Section 4447, Title 24, V.S.A. the South Burlington City Council will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on (day of week) following: Application of at 8- v0 /,0:I'll to consider the (moth and date) (time) I A-%-AUL- seeking a f1mm Section S_ , of the South Burlington Zoning Regulations. Request is for permission to o��r/ 41,0 4+[.�/► /099 -Age Approval by the City Council shall be granted only upon a finding by it that the proposed use is consistent with the health, safety and welfare of the City of South Burlington and the following standards: 1. The capacity of existing or planned community facilities, services or lands,'including sewage treatment plants, roads, highways, police and fire services and schools. 2. The existing patterns and uses of development in the area. 3. Environmental limitations of the site or area,and significant natural resources areas and sites. 4. The municipal development plan (comprehensive plan) of the City of South Burlington, all city by-laws, ordinances and/or regulations in effect and the preamble of these regulations. 5. Traffic on roads and highways in the vicinity. APPLICATION FOR CONDITIONAL USE SOUTH BURLINGTON CITY COUNCIL I hereby apply to the City Council for conditional use approval under the Interim Zoning Regulation. Property Owner _22� Ala.S;,o Y) _ Property location & description Section 5 IF ,�-- Conditional Uses I understand the regular meetings are held twice a month on Monday at 8:00 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 advertising and the hearing. He rind Date SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Interim Zoning Regulations and Section 4447, Title 24, V.S.A. the South Burlington City Council will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on (day of week) following: Application of seeking a at to consider the (month and date) (time) , from Section of the South Burlington Zoning Regulations. Request is for permission to Michael D. and Lucy B. Samara 2 Brewer Parkway South Burlington, Vermont 05401 South Burlington City Council South Burlington City Offices 1175 Williston Road South Burlington, Vermont 05401 August 3, 1978 Dear City Councilmen, We would like to address you regarding the request by Arthur W. Mason and Sharon F. Woodward to open a day care facility on Mason's property at 950 Shelburne Rd., South Burlington. We own, and reside in, the adjacent property on Brewer Parkway. We have three concerns regarding this proposal: noise, additional traffic (including even more people turning in our drive- way), and fencing between the two properties. We have spoken with Ms. Wood- ward and she has been most pleasant and cooperative, as well as understanding of our concerns. We would like to request that the City Council make the following a con- dition of approval for the proposed day care center. Prior to the opening of the day care center, a wood stockade fence of at least six (6) feet in height would be installed between the 950 Shelburne Road lot and our lot on 2 Brewer Parkway. This fence would be constructed in such a manner that it's front (or uniformly solid) side would face the 2 Brewer Parkway property. It is also essential that this fence be placed either on the property line or entirely on the Mason (950 Shelburne Road) property. The fence would extend from the chain link fencing on the Allen Learning Center (930 Shelburne Road) property to a point even with the most south east corner of the large building on the Mason property (since this, as we understand it, will be the furthest end of the outdoor play area, it will also be necessary to install fencing be- tween the building on the Mason property and the end of the stockade fence). The fence would be installed at cost to Arthur W. Mason and Sharon F. Woodward. The fencing currently on the Allen Learning Center (930 Shelburne Road) property, which was installed prior to our puchase of 2 Brewer Parkway, extends (according to the property markers) approximately two (2) feet on to the west side of our lot. In order that any new fencing follow the correct prop- erty line, it will have to begin approximately two (2) feet west of the south- east corner of the fencing on the Allen Learning Center (930 Shelburne Road) property and follow a straight line toward Brewer Parkway, This is extremely important as there are several trees that will stand on the 2 Brewer Parkway side of the new fencing when it is installed along the correct property line. We do not have any specific proposals regarding our concerns about noise and additional traffic that would be generated by a day care facility on the Mason property. Thank you for your consideration in adding the above conditions to any approval of the proposal for a day care facility on the Mason property. Sincerely, Micd;el D. Samara Lucy B. Samara i l 3 Ku �;yl►fs a fox sax"n. 738 AvnRoveD er LLE: DRAWN BY {E: REVISED DRAWING NUMBER �eS �u r� - —------- — --- _ �_-- - - . In attempting to ascertain the traffic impact on Shelburne Road due to the operation of day care facility, the following statistics have been compiled: ABC Day Care - Shelburne Road, Shelburne, Vermont. This day care provides transportation. Currently they are transporting 75% of their total enrollment. On the days observed (July 10, 1978 through July 13, 1978) the day care transport delivered fourteen (14) of the twenty-one (21) children attending during that period. In conjunction to the day care transport, which arrived at approximately 7:35 each morning, there were on the average of six cars arriving each morning. A graphic example would be the traffic Pattern observed on July 10, 1978: Arri val Departure 7:10 1 car, 1 child .7:12 7:20 1 car, 1 child 7:23 74'30 1 car, 1' child 7:32 7:35 day care transport, 14 children 7:45 1 car, 1 child 7:47 7:50 1 car, 1 child 7:52 7:58 1 car, 1 child 7:59 At the time of arrivals, 7:10 - 7:58, the traffic flow on Shelburne Road was light, and there were no visable impedments for vehicles entering or leaving the day care. In the late afternoon when children were transported to their respective homes, approximately 4:30 to 6:00, there were eight (8) provately owned vehicles that arrived at staggered intervals approximately ten to fifteen minutes apart. Parents stayed at the day care facility on the average of four to five minutes. Also ,on observation, the traffic impact produced by eight (8) vehicles entering the medium to light traffic flow on Shelburne Road was minimal. A't`this point, I would like to introduce some comparable information relating to my prospective facility. The initial enrollment projected for', -;Alternative approximates the number of children currently enrolled at ABC, (30 to 35 children). I intend to implement a transport program (a day care vehicle used to transport children to and from the day care on a daily basis), to facilitate, at the minimum a 50 percentile of enrolled children. Hobbit Hollow - 4095 Williston Road - So. Burlington, Vermont. This day care was not providing transportation during the period observed (July 11, 1978 - July 13, 1978). An example of the average traffio* pattern for this period is as follows: Arrival 7:25 1 car 7:28 1 car 7:30 1 car 7:35 1 car 7:45 1 car. 7:49 1 car Departure_ 7:27 7:29 r • 7: 32 7:38 7:47 7:52 Page 2 Arrival Departure 7:53 1 car 7:55 7:55 1 car 7:57 7:58 1 car 8:00 8:02 1 car ' 8.05 8:05 1 car 8:07 The services offered by HObbit H611A include a nursery in conjuction with a day care program. Consequently, there are children leaving at various intervals throughout the day. However, the largest majority of children leave in the latter part of the afternoon (4:00 to 6:30). As in the case of the ABC day care, the arrivals and departures were at staggered intervals and I did not observe any unusual traffic congestion or problems in my opinion. Ethan Allen Child Care Center - 600 Dalton Drive - Winooski. This facility'*is one of the largest in the area. It was chosen for observation not so much because of -location and size (neither are comparable to my prospective sight) -but to observe the traffic impact created by such a large program. Ethan Allen ww observed on July 14, 1978, between the hours of 7:30 to 8:10 in the morning and 4:00 to 5:30 in the afternoon. During the morning period approxiamtely twently vehicles transproting from one to three children arrived at staggered intervals. The average time spent dropping the children off was two to three minutes. It was observed that traffic flow was excellent and staggered arrivals and departures eliminated any traffic problems. During the afternoon observation there were more vehicles involved iq transport, approximately twenty-five (25). As was the case in the.morning, the staggered arrivals and departures contributed to a smooth flow of traffic. Othan Allen does not provide transportation during summer months. Summation 1. At each facility staggered arrivals and departures were evident and consistent. 2. The largest imput of vehicles occurred prior to 8:00 a.m. and following 5:00 p.m. 3. It was observed that many vehicles were transporting • more than one child. 4. Facilities using their own transport system obviously . cut down considerably on the flow of traffic. My past experience has included operating my own day care facility. in Northfield, Massachusetts. The imformation compiled is con- sistant with my own experience. 2. CITY COUNCIL AUGUST 21, 1978 Tracy Gleason - Dorset St. - Air. Farrar indicated that this use of the property might be a reasonable one but he said he would like to be sure that the use only the one that is intended now and said that he felt there should be only one access, probably on Dorset St. Mr. Burgess felt that if interim zoning had not been in effect the appeal would have gone to the Zoning Board and he was not sure it would have been granted. Looking at the criteria, he felt that it could not legally have been granted, since he did not see any hardship. He felt he had to put himself in the position of the Zoning Board and he moved to disapprove the application of Tracy Gleason for a music store on Dorset St. The motion died for lack of a second. The Council felt that it would like a motion of approval which provided that when the use as presently requested was terminated, the property return to the original zoning, that there be one curb cut on Dorset St and that the one on Kennedy Drive be closed, and that expansion of the building be limited to what the plans presented now. Mr. Flaherty moved that those conditions as discussed be put into a motion for the approval of the Tracy Gleason building on Dorset St. The motion was seconded by Mr. Paulsen and passed with Mr. Burgess voting no. Sterling Emerson - Shelburne Road - Mr. Flaherty suggested a motion of approval with the conditions that there be adequate screening between the building and the adjoining motel and that the use be limited to a real estate office only. Mr. Jarvis said he would like the screening to be a stockade fence. Mr. Emerson did not feel that was necessary. Mr. Farrar suggested wording the stipulation so that it would be a stockade fence or any screening acceptable to both the applicant and the adjoining property owner. The Council unanimously favored a motion with these conditions. Arthur Mason and Sharon Woodward - Shelburne Road - Mr. Flaherty felt there should be a stipulation in the approval about screening and fencing between them and the Brewer Parkway neighbors. Mr. Farrar said that there still seemed to be a lot of cars parked there considering that the use was no longer college students apartments. He suggested an approval motion with the duration of the approval to be a limited time period. He also suggested that there be a statement about the types of uses which will be allowed in the structure and on the lot. Mr. Flaherty moved to approve the Interim Zoning District application of Arthur Mason and Sharon Woodward on Shelburne Road with the conditions that fencing acceptable to the neighbors on Brewer Parkway be installed between them and the day care center, that the use be limited to a daycare center as requested, and that the variance be for a one year time period. The motion was seconded by Mr. Jarvis and passed with all in favor. Public hearing on conditional use application within interim zoning district Addition to Pappas' Restaurant - Shelburne Road - Mr. Steve Danforth represented Pappas' and said that they would like to add a new banquet facility to the restaurant. The addition would about double the size of the restaurant. Mr. Danforth said that traffic islands would be installed in the parking lot and that there would be some planters to help insure proper drainage. He said they would like to keep the present curb cuts in use. Mr. Farrar said the Council would need traffic data - how many cars come in and out now and how many could be expected with the addition? He said they would need to know the traffic pattern during the day, particularly